Driver Service Agreement
Your Contract with MUVE
Your use of the MUVE platform and its services constitutes a legally binding agreement to these terms. You may not use the services if you do not agree with these terms. You agree that MUVE, at its discretion, may terminate and/or deny you access to the services at any time. MUVE may amend these terms at any time and your continued use of the service after the amendment will constitute as consent.
1. Use of the MUVE Services
Driver IDs. As a Driver, MUVE will issue you a Driver ID, which can be used to access the Driver App on your mobile operating system. Your Driver ID is to be maintained with a high level of confidentially and is not to be shared with any third or external party. Upon improper use or disclosure of your Driver ID or Driver App, you must notify MUVE immediately.
Provision of Transportation Services
When your Driver App is active in the foreground or background, you will receive notifications when a User is requesting for transportation. Upon acceptance of the User’s request, you will receive additional information that are used to identify the User; name and pickup location. If the User has entered the selected destination when placing the request, the Driver App will feed the destination chosen by the User. Otherwise, the User will notify of their destination upon pick-up. Additionally, upon acceptance of the User’s request, the MUVE App may also provide identifiable information about you to the user, such as your first and last name, telephone number, photo, real-time location and your vehicle’s make and registration number. You will not contact any Users, or use their information supplied by the App for any other purposes other than to provide transportation services as requested by the User. You will be solely responsible for determining the most effective and efficient route when carrying out the Services. You will also ensure safety to the User, yourself, as well as other road users. As a Driver, all necessary tools and equipment required in carrying out the Services will be provided at your own expense.
Your Relationship with Users
With the exception of MUVE and its Affiliates, your execution to this agreement creates a legal and direct business relationship between you and the User. MUVE and its Affiliates will not be held responsible or liable for any actions or inactions of a User in relation to you, your activities, or your vehicle. You are solely responsible for any obligations or liabilities to Users or third parties that arise during and from your provision of the Services. You will also be solely responsible in ensuring adequate insurance that meets all applicable laws in relation to acts or omissions of a User or third party. MUVE and its Affiliates may release your contact and insurance information if reasonably requested by the User. Other individuals, except for the User, that are authorised by the User are to be allowed inside your vehicle. Additionally, User(s) will be transported directly to their elected destination, as directed by the User. You shall not make any unauthorised stops or interruptions, unless requested by the User.
Your Relationship with MUVE
MUVE’s provision to you of the Driver App and services creates a legal and indirect business relationship between you and MUVE. MUVE shall not be deemed as having direct or indirect control in your performance in relations to any acts or omission, or your operations and maintenance of your vehicle. Additionally, via the Driver App, you have the sole right to accept or decline or ignore a requested made by the User, or to cancel an accepted request. Except for the nominated vehicle used to perform the Services, you will not display MUVE’s or its Affiliates’ names, logos or colours on any other vehicles, or wear uniform or clothing displaying MUVE’s or its Affiliates names, logos or colours. As a Driver, you have complete discretion to provide services or otherwise engage in any business or employment activities including but not limited to working with other ridesharing companies. If you violate this agreement, or act in ways that causes harm to MUVE’s or its Affiliates’ brand reputation or business, MUVE retains the right to, at any time at MUVE's sole discretion, deactivate or otherwise restrict you from accessing or using the Driver ID, Driver App and/or the MUVE Services.
Riders Travelling with Assistance Animals
The driver has the right to refuse any animal entry into the vehicle which is not an assistance animal. Assistance animals are permitted at all times. Refusal of a passenger who is accompanied by an assistance animal is illegal under Queensland Law. (Transport Operations (Passenger Transport) Regulation 2005, c. 129.
Available at: https://www.legislation.qld.gov.au/)
Guide dogs are trained to sit on the floor of the vehicle. Offer assistance to the passenger when they are entering and exiting the vehicle. Do not attempt to distract the dog.
Muve will not accept responsibility for individual fines incurred through disregard of the above act.
The User will be prompted by the MUVE App to provide a rating at their own discretion based on the Services that they have received. Users can also provide comments or feedback about the services provided by you. You, as the Driver, in good faith, will also be prompted to provide a rating of the User, and optionally, provide comments about the User.
As a Driver, you must maintain an average rating by Users that is higher than the minimum rating as specified by MUVE, depending on the location in which you registered with the Driver App. The minimum rating is subjected to changes by MUVE and its sole discretion. MUVE will provide you with at least 14 days of notice if the minimum rating is to be increased in the location that you are registered to. MUVE will notify you if your rating falls below the minimum average rating specified by MUVE, and at its sole discretion, may provide you with a period of time to raise your rating above the minimum allowable rating. MUVE reserves the right to deactivate your access to the Driver App and the MUVE Services if you fail to increase your rating within this time. Failure to accept consecutive rider requests will cause the app to assume the driver is not working and so they will be logged off until the driver logs in and thus confirms they are ready again to accept fares. Repeated failure to accept work can terminate or suspend the contract as a last resort.
MUVE and its Affiliates reserve the right to use, share and display your and User ratings and comments in any manner in connection with the business of MUVE and its Affiliates without attribution to you or your approval. MUVE and its Affiliates are distributors, in which we are not obligated to prove or verify, and are not publishers of your and User ratings and comments. MUVE and its Affiliates reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content.
3. Your Device
You are solely responsible for the acquisition, cost and maintenance of your device as well as plan inclusions. MUVE will not be held liable for fees or coverage costs relating to the use of your device and plan inclusion. MUVE grants you personal, non-exclusive and non-transferable user right to download, install and use the Driver App on your device solely for the purpose of performing the services. You shall not provide, distribute or share contents or data associated with the app with any third party. However if you intend to nominate a substitute to drive your vehicle, that nominee must be eligible to provide transportation services and down load MUVE app separately. This is necessary as the nominee driver needs to be legally accepted as a provider of transportation and to be identified by the user and MUVE.
Location Based Services
Geo-location information of your device must be provided to the MUVE App in order to perform the services. Additionally, your geo-location information will be monitored and tracked by the MUVE App whilst logged in and made available to receive User requests. The approximate location of your vehicle will be displayed to the User before and during the provision of the services to the User. MUVE and its affiliates also reserves the right to track, monitor and share your geo-location obtained by the Driver App and your device for safety, security, technical, marketing and commercial purposes, as well as to provide and improve their products and services.
4. You and Your Vehicle
You must at all time, hold and maintain a valid driver’s license with appropriate certification necessary to operate your vehicle. You must also hold all license, permits and authority necessary to the provision of commercialised passenger transportation to third parties. You must also possess appropriate and current expertise and experience to professionally provide transportation service with due skill, care and diligence. You may also be subjected to certain background and driving record checks from time to time, as the discretion of MUVE, in order to qualify and remain eligible to provide transportation services. MUVE reserves the right to restrict, deactivate, or terminate your access to the Driver App, and usage of your Driver ID, in the event of failure to meet the necessary requirements set forth.
Your vehicle shall be at all times, properly registered and licensed to operate as a passenger transportation vehicle as specified by applicable laws. The vehicle must also be owned or leased to you, is in your possession by law or by written authority from owner. The vehicle must be suitable to perform transportation services, and is maintained in good operating condition, consistent with industry safety guidelines and regulations.
As proof of compliance with these requirements as set out above, you must provide MUVE with written copies of all necessary licenses, permits, approvals, authority, registrations, and certifications prior to providing any services. You must also notify MUVE immediately in the event of future updates and/or changes to such documentation. Additionally, MUVE reversed the right to request, or be entitled to request written evidence of such documents.
5. Financial Terms
Fare Calculation and Your Payment
As a Driver, you are entitled to charge a fare to each service completed to a request made by the User via the MUVE services. The fare is calculated by the base amount, which is the minimum, plus distance traveled as determined by location-based services enabled on your device. You are also entitled to charge Users for any tolls, taxes or fees incurred in the provision of the services. You may also appoint MUVE as the limited payment collection agent solely for the purpose of accepting fares, tolls, taxes, and fees, from the User on your behalf via the payment processing system facilitated by MUVE. Payments made by a User to MUVE shall also be deemed as a payment made directly to you. Additionally, between you and MUVE, the parties acknowledge and agree that the Fare is a recommended amount and that the primary purpose of pre-arranged Fare is to act as the default amount in the event you do not negotiate a different amount. As a Driver, you shall always retain the right to charge a fee that is less than the pre-arranged Fare, or negotiate a Fare that is lower than the pre-arranged Fare, (herein referred to as the Negotiated Fare). MUVE shall consider all such requests from you in good faith. Muve agrees to remit to you, every Wednesday (Australia Eastern Standard Time) on a weekly basis; the Fare less the applicable Service Fee and other fees charged by MUVE; toll expenses; incentive payments; and taxes depending on your location. You may also elect to have other amounts, as specified by you, to be deducted from the Fare prior to them being remitted to you, such as vehicle financing and lease payments, and the order in which these deductions are made from your Fare is to be determined exclusively by MUVE (as between you and MUVE)
Changes to Fare Calculation
MUVE reserves the right to change the method in which Fares are calculated at any time based on local market factors. In the event of such changes, MUVE will provide you with notice regarding these changes to the recommended Fare. Additionally, continued use of MUVE Services after the change in Fare calculation shall constitute as your consent to the changes.
MUVE will act as the mediator of disputes and could encourage the driver to give a refund or otherwise provide some response to the rider. Ultimately if a driver has multiple complaints made against him or her, or acted unreasonably in relation to complaints, MUVE could terminate the contract because conduct by the driver brings MUVE business into disrepute.
Merchant Fees and Credit Card Fees
All prices are shown excluding merchant fees. Merchant fees as at the modification of this statement are 3.5 % for an average $20 fare (made up of 2% plus $0.30 per transaction) and are payable when payments are made through MasterCard or Visa. Merchant fees will not form part of your payment. Refer to "Fare Calculation and Your Payment" for more details on what your payment consists of.
You shall pay MUVE a service fee on a per transportation Services transaction basis calculated as a percentage of the fare, regardless of whether the fare was negotiated. MUVE will notify you of these Service Fees via email, or otherwise made available electronically by MUVE. Additionally, if applicable, MUVE shall calculate the Service Fee based on the fare inclusive of taxes. MUVE also reserves the right to change the Service Fee any time based on local market factors. MUVE will provide you with at least 14 days of notice in the event of such change is to be made. Additionally, in the event of such changes, you have the right to terminate the agreement immediately, without notice. Continued use of the MUVE Services after the change shall constitute as your consent to the changes.
Users may elect to cancel requests for transportation that have been accepted by your via the Driver App any time prior to your arrival. In such instances, MUVE may charge the User a cancellation fee on your behalf. As the Driver, you reserve the right to charge a fee that is lower than the cancellation fee. This fee is to be deemed as the Fare for the cancellation fee and is to be remitted to you. The cancellation fee is a recommended amount and serves as the default amount in the event you do not negotiate a different amount.
Incorrect Payments and Transactions
You hereby agree that you will be liable and required to pay MUVE back for any payments made to you that is higher than the actual amount, regardless of the circumstances leading up to the incorrect payment. MUVE will also remit your payments in the event that the fees paid to you are lower than the actual amount.
MUVE will also facilitate for the delivery of receipts to Users for the Transportation Services completed. Upon completion for a User, MUVE will prepare and issue receipts to the User via email on your behalf. You may also access these receipts via email or online portal available to you. These receipts will include the breakdown of amounts charged to the User and may include specific information about you, including your name, contact information, photo, as well as the route taken. Any amendments or corrections to a User’s receipt must be submitted to MUVE in writing within three (3) business days after the completion for the services. MUVE will not be held liable for any mistakes if notices are not given within this period of time.
No Additional Amounts
MUVE and its Affiliates may seek to attract new Users to increase the use of MUVE Services. You agree that such advertising or marketing does not entitle to any additional monetary amounts beyond the amounts expressly set forth in this agreement.
You are solely responsible for the completion of all tax registration and obligations related to your provision of Transportation Services as required by applicable laws. You will also provide MUVE with all relevant tax information. You further acknowledge that you are solely responsible for your own taxes arising from the performance of Transportation Services. Notwithstanding anything to the contrary in this Agreement, MUVE may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information you have provided directly to the applicable government tax authorities on your behalf or otherwise.
MUVE may also make an incentive payment(s) to you as consideration for your satisfaction of certain conditions as determined by MUVE in its discretion.
MUVE may charge other fees in addition to the Service Fee and will notify you at least 14 days before implementing such fees. Continued use of the MUVE Services after the implementation of the new fees shall constitute as consent to these changes. If MUVE provides notice of an intention to impose a fee under this clause, you have the right to terminate the agreement immediately without notice.
6. Proprietary Rights & License
MUVE hereby grants you, your nominated drivers or substitutes a non-exclusive, royalty-free, non-transferable, non-sub licensable, non-assignable license, during the term of this agreement, to use the Driver App in relation to the provision of Transportation Services.
Regarding your license, you shall not allow any other party to; license; sublicense; sell; resell; transfer; assign; distribute or otherwise provide or make available to any other party the MUVE Services or Driver App in any way. You shall not modify the MUVE Services or Driver App. Improperly obtaining data from the MUVE Services or Driver App is also prohibited. You shall not allow any unauthorised parties’ access to the MUVE Services or Driver App with the purpose to design or develop a competitive or substantially similar product or service.
The MUVE Services and data, including all intellectual property rights, shall remain the property of MUVE and/or its respective licensors. This Agreement and your use of the MUVE Services, Drive App or MUVE Data does not grant you to any rights related to them, except for the limited license granted above. Additionally, MUVE and its Affiliates’ licensors’ names, logos, products and service names, trademarks, service trademarks, including MUVE, and in combination with other letters, punctuation, words, symbols and/or designs and the MUVE logo, shall remain the property of MUVE, its Affiliates and their respective licensors.
Between you and MUVE, you acknowledge that in performing Transportation Services, MUVE and you may have access to, or may be exposed to, directly or indirectly, confidential information of the other party. Confidential information includes MUVE Data, Driver IDs, User Information, and the transaction volume, marketing, business plans, financial, technical, operational and other non-public information of each party. Parties involved shall reasonably know if the information provided should be treated as confidential.
Parties involved shall agree that all confidential information shall remain the exclusive property of the disclosing party, and such information shall not be used for any other purpose except under guidelines as set in this agreement. Parties involved shall not disclose confidential information of the other party to any third party, except to its employees, officers, contractors, agents and service providers as necessary to perform the Service, provided these persons are bound by writing to obligations of confidentiality and non-use of confidentiality information no less protective than the terms hereof. Parties involved shall also return, or destroy all confidential information of the disclosing party upon termination of this Agreement or at the request of the other party.
Confidential information shall not include any information to the extent it is included or become part of the public domain through no act or omission on the part of the receiving party, or was in the procession of the receiving party prior to the date of this Agreement without and obligation of confidentiality, unless information is required to be disclosed by law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such disclosure.
Subject to applicable laws, MUVE or any of its Affiliates may provide to a third party information, including personal data and MUVE Data, about you, provided; there is a complaint, dispute, conflict or accident between you and a User; it is necessary to enforce the terms of this Agreement; it is required by law; or to protect the safety, rights, property or security of MUVE or any of its Affiliates. Additionally, MUVE and its Affiliates may also disclose information about you in order to detect, prevent, or address fraud, security or technical issues, and/or prevent or stop activities MUVE and its Affiliates deems as illegal, unethical, or legally actionable. You understand that MUVE or any of its Affiliates may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.
Prior to entering a business relationship with MUVE, you must obtain the insurance coverage required at your sole cost and expense. You must also agree to review the terms and conditions of such coverage to ensure that it provides the amount of coverage required while you are using a vehicle to provide transportation services. It is your sole responsibility to inform your insurer of the use of your vehicle while providing these services and the minimum requirement is compulsory third party insuarance Class 26 or Class 4, 10A or 11.
You shall maintain, during the term of this Agreement, on all vehicles operated by you under this Agreement, automotive liability insurance that provides coverage and protection against bodily injury and property damage to yourself, your passengers and third parties, at the level that satisfy minimum requirements to operate a private passenger vehicle on the public roads. You must provide MUVE a copy of the insurance policy, declarations, proof of insurance identification card and proof of premium payment for the policy upon request. In the event of cancellation of insurance policy, you must immediately provide MUVE with written notice. MUVE shall not interfere with your decision or selection of your insurance policy. You must be a named insured or individually rated driver for which the premium is charged to.
You are not an employee, or a worker, or a deemed worker for the purposes of any workers compensation laws. Therefore, MUVE is not required to maintain or provide you with workers’ compensation insurance or maintain other occupational accident injury insurance on your behalf. If permitted by law, you may insure yourself against work-related injuries in place of workers’ compensation. You can also elect not to insure yourself against work-related injuries at all, however, please proceed at your own risk.
If you have any questions or concerns about the scope of your own insurance coverage, it is your sole responsibility to resolve them with your insurer(s).
In the event of MUVE and/or its Affiliates procure insurance in direct relation to your provision of Transportation Services, MUVE may cancel such coverage and its discretion at any time. You shall promptly notify MUVE of any accidents that occur whilst providing Transportation Services and cooperate to provide all necessary information.
9. Representations, Warranties & Disclaimers
You hereby represent and warrant that you have full power and authority to enter into this Agreement and perform your obligations. You shall not enter, or have already entered, and during the term, will not enter into other agreements that would prevent you from complying with this Agreement. You shall comply with all applicable laws whilst performing Transportation Services, including permits, licenses, registrations and all governmental authorisations.
Disclaimer of Warranties
This clause applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have according to applicable law. MUVE and its Affiliates provide, and you accept, the MUVE Services and Driver App on an "as is “basis. MUVE and its Affiliates do not represent, warrant or guarantee that your access to or use of the MUVE Services or the Driver App will be uninterrupted or error-free, or will result in any requests for Transportation Services. MUVE and its Affiliates function as an on-demand lead generator and related service only. MUVE and its Affiliates make no representations, warranties or guarantees as to the actions or inactions of the Users who may request or receive Transportation Services from you, and MUVE and its Affiliates do not screen or otherwise evaluate Users. By using the MUVE Services and Driver App, you hereby agree to be introduced to a third party, including Users that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the MUVE Services or Driver App. With the exception of the appointment of MUVE as the limited payment collection agent on your behalf for the purpose of accepting payment from Users, MUVE and its Affiliates expressly disclaim all liability for any act or omission of you, any User or other third-party.
No Service Guarantee
This clause applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have according to applicable law. MUVE and its Affiliates do not guarantee the availability or uptime of the MUVE Services or Driver App. You hereby agree that the MUVE Services or Driver App may be unavailable at any time and for any reason, such as scheduled maintenance or network failure, etc. In addition, the MUVE Services or Driver App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and MUVE and its Affiliates are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.
you shall indemnify, defend, at MUVE’s option, and hold MUVE and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses, including legal fees, damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of your representations, warranties or obligations in this Agreement; or a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Transportation Services or use of the MUVE Services. Your liability under this clause shall be reduced proportionately if, and to the extent that, MUVE and its Affiliates proved to have directly caused or directly contributed to any such Losses.
You shall comply with all of your obligations under tax laws to the extent applicable to this Agreement. You shall indemnify MUVE and its Affiliates from all tax liabilities, duties, levies, claims and penalties that may be imposed on you or on MUVE and/or its Affiliates as a result of your failure to comply with any of your tax obligations. The indemnity set out in this clause serves as a purpose to prove to a judicial body or legislative authority of competent jurisdiction that there is an employment relationship between you and MUVE or an Affiliate of MUVE, and only applies to that proportion of MUVE’s liability that directly or indirectly relates to or arises from you holding yourself out to be an employee of MUVE or any of its Affiliates, or any other act or omission by you that is not expressly authorised by MUVE and would reasonably suggest to a third party that you are an employee of MUVE or any of its affiliates.
Fines and Infringement Notices
You hereby agree that MUVE will not be liable for any fines and/or infringements arising from violation of any traffic laws. You are solely responsible for the settlement of all fines and/or infringements.
Limits of Liability
This clause applies only to the maximum extent permitted by applicable law and does not override any rights that you have according to applicable law. MUVE and its Affiliates shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for the obligations on MUVE, or an Affiliate of MUVE, to pay amounts due to you, but subject to any limitations or other provisions contained in this agreement, in no event shall the liability of MUVE and/or its Affiliates under this Agreement exceed the amount of Service Fees actually paid to or due to MUVE within the six (6) month period immediately preceding the event giving rise to such claim.
You shall also acknowledge and agree that any and all claims you have or may have against MUVE and/or its Affiliates should be notified to MUVE and/or its Affiliates within one (1) year after the event(s) that gave rise to such claim, and that you forfeit all rights in respect of that claim if you fail to do so. These limitations do not purport to limit liability that cannot be excluded under applicable law.
11. Term and Termination
This Agreement shall commence on the date that the Agreement is executed by you (electronically or otherwise) and shall continue until terminated.
Either party may terminate this Agreement; without cause at any time upon thirty (30) days prior notice to the other party; immediately, without notice, for the other party’s material breach of this Agreement; or immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, MUVE may deactivate or otherwise restrict you from accessing or using the Driver ID, Driver App and/or the MUVE Services immediately, without notice, in the event you no longer qualify, under applicable law or the standards and policies of MUVE and its Affiliates, to provide Transportation Services or to operate the Vehicle, or as otherwise set forth in this Agreement.
Effect of Termination
Upon termination of the Agreement, you shall immediately delete and fully remove the Driver App from Your Device(s). Any outstanding payment obligations shall survive the termination of this Agreement.
12. Relationship of the Parties
Except as otherwise expressly provided herein with respect to MUVE acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: this Agreement is not an employment agreement, nor does it create an employment relationship, including from a labour law, tax law or social security law perspective, between MUVE and/or its Affiliates and you; and no joint venture, partnership, or agency relationship exists between MUVE and/or MUVE’s Affiliates and you.
You hereby agree that you have no authority to bind MUVE and/or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorised representative of MUVE and/or its Affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an employee, agent or representative of MUVE or an Affiliate of MUVE, you undertake and agree to indemnify, defend (at MUVE’s option) and hold MUVE and its Affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship. You expressly agree that where required or implied by applicable law or otherwise, you may be deemed an employee, agent or representative of MUVE or an Affiliate of MUVE, any payments made to you will be taken to be inclusive of superannuation contribution amounts; and amounts equivalent to all taxes (including but not limited to income taxes) payable by you in respect of those payments, in each case that MUVE (or any of its Affiliates) may otherwise be required to pay under applicable law.
You hereby expressly acknowledge and agree that by agreeing to the terms and conditions of this Agreement you intend to perform Transportation Services and, as such, MUVE may, based on information provided by you and/or third parties, consider you to be registered for GST in accordance with applicable GST law.
These terms and conditions are governed by the laws of Queensland, Australia. Associated parties will irrevocably submit to the jurisdiction of the courts in Queensland.