PLEASE READ THIS POLICY CAREFULLY BEFORE REGISTERING FOR IHAIL.

1 About this Policy

  1. This document (Driver Policy) sets out the requirements applicable to you (You or Your) as a driver providing transportation services to users (Users) who register to use the ‘iHail’ app (App) to help them book taxi rides and other transport.
  2. Transportation Service means transportation of a User by You as their driver, from the User’s point of pick-up to their point of drop-off.
  3. To be able to accept offers (Ride Requests) by Users to provide Transportation Services, You must:
    1. be an employee or contractor of a taxi service or other company (Your Operator) with a current Licence and Services Agreement (Licence and Services Agreement) with iHail Pty Ltd (We, Our or Us);
    2. be an accredited taxi driver under the relevant legislation in the jurisdiction to which the Ride Request relates;
    3. register as a driver with Us through www.ihail.com.au (Website); and
    4. not be suspended or restricted as an iHail driver.
  4. Our role is to communicate Users’ Ride Requests to Your Operator. We are not a booking service and cannot ourselves allocate Ride Requests to You or provide any Transportation Services.
  5. You must comply with this Driver Policy and any other policy We create as notified to You by Your Operator from time to time.
  6. We may change this Driver Policy from time to time by posting the changed Driver Policy through updates of the App or at the Website, or by notifying Your Operator.
  7. (g) You agree that there is no contract between Us and You and You accepting this Driver Policy does not form a contract between Us and You.
  8. (h) Your failure to comply with this Driver Policy may breach Your Operator’s Licence and Services Agreement with Us. We may, on behalf of Your Operator, suspend You in accordance with our Licence and Services Agreement with Your Operator if You breach this Driver Policy or if we are otherwise entitled to suspend Your access under that agreement.

 

2 Performance standards

You must provide all Transportation Services in accordance with the following performance standards:

  1. perform all Ride Requests You accept through Your Operator’s taxi dispatch system (Accepted Ride Requests) in accordance with the job parameters and other specifications identified by the User through the App;
  2. notify the User of Your arrival;
  3. wait at least 3 minutes for a User to arrive at the requested pick-up location after You have arrived at the requested pick-up location;
  4. maintain the minimum required rating of 70% thumbs up – this may be altered to be higher or lower as specified by Us;
  5. maintain a minimum acceptance rate of 50% of Ride Requests – this may be altered to be higher or lower as specified by Us;
  6. maintain a recall rate (accepting a Ride Request and then cancelling to pick up another passenger) less than a maximum percentage of 10% of all Accepted Ride Requests – this may be altered to be higher or lower as specified by Us;
  7. attempt to contact the User via calling or messaging the User if You cannot locate the User; and
  8. provide safe, direct and uninterrupted transport to the User directly to the User’s specified destination, as directed by the User.

 

3 Transportation Services

  1. You must perform the Transportation Services in a proper, timely and efficient manner in accordance with an appropriate standard of care, skill, diligence, prudence and foresight.
  2. You must carry out Your obligations and duties and provide the Transportation Services in accordance with all applicable laws and Our reasonable directions from time to time (including Our directions provided to You via Your Operator).
  3. You must provide the Transportation Services using a vehicle approved by Your Operator for use to provide the Transportation Services.
  4. You must use Your best endeavours to promptly and safely answer calls to Your mobile phone number (as provided to Us) where You have accepted a Ride Request but have not yet picked up the User.
  5. We reserve the right, at all times and at Our sole discretion, to on behalf of Your Operator, reclaim, prohibit, suspend, limit or otherwise restrict You from accessing or using Our App and other software and services (including payment processing services and booking services for Transportation Services) if You fail to maintain the standards of professionalism and service required by this Driver Policy or otherwise breach this Driver Policy, or if we are otherwise entitled to suspend Your access under Our Licence and Services Agreement with Your Operator.
  6. It is Your responsibility to provide and pay for all necessary equipment, tools and other materials You require to perform the Transportation Services in accordance with this Driver Policy and any other obligations applicable to You or the Transportation Services.
  7. We make no warranties, representations, guarantees or promises of any kind as to the number of Ride Requests by Users You may receive from Your Operator for the provision of Transportation Services.

 

4 Fees

  1. Where You accept a Ride Request and provide Transportation Services to a User, Our payment processing provider collects fees from Users and remits a portion of those fees to Your Operator, as follows:
    1. Vehicle Fare – Fixed or variable amount, either pre-agreed with the User or based on the metered amount. 90% remitted to Your Operator, unless otherwise agreed with Your Operator.
    2. Queue Jump Fee – Variable amount. Offered by the User to incentivise You to accept their Ride Request (e.g. during peak times). 90% of this fee is remitted to Your Operator.
    3. No Job Fee – $8 plus the relevant service fee. Applies if You accept a Ride Request and turn up at the pick-up location and the User is not there and has failed to cancel their Ride Request before You arrive. $7 is remitted to Your Operator.
  2. Where a fixed Vehicle Fare is pre-agreed with the User and the User requests a route variation, you may agree any additional fees and payment for that variation with the User in accordance with the requirements of Your Operator and applicable law (which may require additional fees to be based on an estimate of the metered fare).
  3. We may update this Driver Policy and notify You or Your Operator from time to time where there are any changes to the fees and to the portions remitted to Your Operator.
  4. Your Operator (not Us or our payment processing provider) is responsible for making any payments to You for accepting Ride Requests and providing Transportation Services. The amount of payments from Your Operator to You are a matter for You and Your Operator.
  5. The gateway We (and Our payment processing provider) use to process payments may be down from time to time, for planned maintenance, unplanned downtime and for other reasons. When the gateway is down, the fees above may not be available for remittance to Your Operator.
  6. Where a User’s payment is declined for any reason, the fees above will not be available for remittance to Your Operator. In these circumstances, You may settle the fees from Users by an alternative payment method (e.g. cash or card payment).

 

5 Privacy and use of data

  1. We may collect personal information including information You submit to Us.
  2. We may collect, use and disclose Your personal information to provide, administer, improve and personalise our products and services (including the Service), identify You, protect Our lawful interests and deal with Your concerns. We may not be able to do these things without Your personal information. For example, some functionality of the App and Our software may be limited or we may not be able to offer all aspects of Our services.
  3. We may exchange Your personal information with Our related bodies corporate and Our service providers that assist us with archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, research, investigation, website or technology services.
  4. Subject to this clause 5, we may also handle personal information as set out in the Privacy Policy which is available online or by contacting Us. You have read the Privacy Policy and understand that it contains further details about Our handling of personal information, and procedures regarding access and correction of personal information, and Your privacy concerns.
  5. If You provide personal information to Us (including by inputting it into the App) about any third party You must first ensure that they consent having regard to this clause 5 (as though extended to them) and the Privacy Policy (subject to this clause 5).

 

6 Your use of Our materials

  1. All rights in the App and content available through Our Website and services, including without limitation copyright in the software and data comprising the App and Our trademarks, are owned or licensed by Us (Our Materials). As between You and Us, We own all rights in and to Our Materials. You must not remove, alter or conceal any copyright, trade mark or other proprietary rights notice incorporated in or accompanying Our Material and You must not reproduce, modify, adapt, perform, display or otherwise exploit Our Materials other than as permitted in paragraph (b) below.
  2. We grant You a limited, non-exclusive, personal, royalty free licence to use Our Materials to the extent that they are incorporated with Your Content for the purposes of using Our services.

 

7 Your Content

  1. You are responsible for all of the content and details that You submit to Us (Your Content). In particular, You remain responsible for any breach of contract or infringement of any intellectual property or other rights of any third party in connection with Your Content.
  2. You hereby grant to Us a non-exclusive, worldwide, transferable licence to exercise all rights in Your Content. You acknowledge and agree that this licence permits Us to publish, licence or exercise other rights in Your Content on the Service and otherwise publish, licence or exercise rights in Your Content in any other media.
  3. You acknowledge and agree that no payment is due to you for the foregoing assignment or licence, or from any exploitation or use of Your Content by Us or anyone else who might be granted license rights under or through the auspices of Us.
  4. You agree that We and any licensee of Your Content may exercise all rights in Your Content and use Your Content in any way, including:
    1. without attributing you as the author, photographer or creator of Your Content; and
    2. by re-sizing or otherwise changing the appearance of Your Content,
      and you consent to such acts and omissions and to the extent possible waive all moral rights in Your Content.
  5. You warrant that Your Content is not subject to any confidentiality or other restriction, and that You have full authority to grant the licence without infringing any third party rights.
  6. While under no obligation to do so, We retain the right to review, edit, and remove from the App and Website any of Your Content at any time and without notice to You.

 

8 Safety

You must not:

  1. submit, or use the App, Website or Our software to send, any unauthorised commercial communications (such as spam);
  2. access the App, Website or Our software using automated means;
  3. upload viruses or other malicious code to the App, Website or Our software;
  4. bypass any measure We may use to prevent or restrict access to any part of the App, Website or Our software, or any connected software, systems or networks;
  5. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the App, Website or Our software;
  6. create derivative works from any part of the App, Website, Our software or Our Materials;
  7. rent, lease, lend, sell, transfer, redistribute, or sublicense the App, Website, Our software or Our Materials;
  8. not do anything that could disable, overburden, or impair the proper working of the App, Website or Our software, such as a denial of service attack;
  9. let anyone else access Your account for the App, Website or Our software; or
  10. use the App, Website or Our software in any manner or for any purpose that it is unlawful.

 

9 Responsibilities

  1. You must:
    1. keep any password You use with Us safe, secure and confidential, and notify Us if you become aware that access to Your account with Us has been compromised;
    2. ensure that all of the information and details that You submit to Us are complete and correct at all times; and
    3. ensure that Your device used to access the App, Website or Our software meets any compatibility requirements, and that You are authorised to use it.
  2. We reserve the right to access, read, preserve and disclose any information as We reasonably believe is necessary to:
    1. satisfy any law or regulation;
    2. enforce this Driver Policy and any agreement with Your Operator, including investigation of potential breaches;
    3. detect, prevent or otherwise address fraud, security or technical issues; or
    4. respond to support issues.
  3. Since electronic services are subject to interruption, breakdown and failure, access to the App, Website or Our software is offered on an ‘as is’ and ‘as available’ basis only. There are many things outside Our control which might mean that the Services cannot function under all circumstances.

 

iHail Pty Ltd ABN 30 602 589 766

Last updated: 16 June 2017