These Terms and Conditions apply to the availability and use of 2Airport Global Services by 2Airport to transport service operators (Drivers) who have authorized 2Airport to act as their agent for the purpose of facilitating the provision of Driver Services to users of the 2Airport Application (Customers).
These Terms and Conditions establish the mutual rights and duties of 2Airport and each Driver.
- How this agreement works
2Airport accepts reservations from Customers for a range of passenger transportation services and assigns those reservations to suitably licensed drivers, who in turn offer the requested transportation services to the Customer.Once a Customer books a passenger transport service and the Driver accepts the conditions of the booking, we enter into a contract with the Customer on the Driver’s behalf (as the Driver’s agent) to enable the Driver to offer Driver Services. Payment is made by the customer using the 2Airport Application. 2Airport then prepares a tax invoice for the Driver Services Fee on behalf of and for the Driver, which we will collect on his or her behalf and deposit to the Driver’s Nominated account. We shall charge the Customer for and on their behalf a 2Airport Services Fee, which we will retain.By entering this agreement, you warrant and represent to 2Airport that:1. you (or your employer or principal, as applicable) possess all required accreditations, licenses, and approvals to provide the Driver Services in your jurisdiction; and2. if any required approvals are held by a third party (including your employer or principal, as applicable), that third party has granted you permission to provide the Driver Services in accordance with this agreement.You undertake to supply 2Airport with copies of all Authorisations within seven days of 2Airport requesting them. If you are unable to give any Authorization upon request, 2Airport reserves the right to immediately and without notice cease the 2Airport Services until the Authorisation is supplied.
- Definitions and Interpretation
2.1 Definitions and Interpretation
Unless the context indicates otherwise, the following applies to this agreement:The term application refers to the software developed by 2Airport that enables a customer to book Driver Services online or via a downloaded application. Authorisations includes, but is not limited to, any licenses, accreditations, permissions, and endorsements necessary to deliver the Driver Services in the region or jurisdiction in which the Driver Services are to be given. How this agreement operates is described above;The term Booking refers to the Customer’s request for the Driver to deliver Driver Services.Booking Conditions refers to the specific operational information and applicable conditions relating to a specific Booking (including wait times and locations, cancellation information, and other specific instructions relating to the Booking) that is communicated to the Driver via the Application at the time of Booking confirmation;Booking Information refers to the information provided by a Customer that establishes the parameters for the provision of the Driver Services, or by a Driver. Booking Process The refers to the process described in clause The 2Airport Booking Process, or, in the case of Driver Offload Bookings, the process described in clause Driver uploading Bookings to the Application for other drivers;The term Business refers to the passenger and/or goods transportation service operated by the Driver or to which the Driver is affiliated;Confidential Information includes, but is not limited to, proprietary information disclosed by the other party, but does not include information: that is not public knowledge or becomes public knowledge due to no fault of the receiving party; or that is properly disclosed to the receiving party without restriction by an independent third party; or that the receiving party can demonstrate was already in its possession at the time of disclosure.Customer refers to any individual who makes or seeks to make a Booking for the supply of Driver Services; Device refers to any personal electronic device (including a desktop computer) that may access the Application;Driver Services refers to the private hire passenger transport services that the Driver provides to the Customer;Driver Services Fee refers to the fee paid to the Driver in compliance with the Driver Services Fee clause;The Customer’s Feedback Review is a numerical value assigned by the Customer to indicate his or her level of satisfaction with the Driver Services supplied;The term 2Airport Services Fee refers to the fee charged to the Customer (or Driver in the case of Driver Offload Bookings) for the use of the Application and held by 2AirportGST refers to the goods and services tax imposed by the GST Act;GST Act refers to the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as modified from time to time;The term Insolvency Event refers to the occurrence of any of the following:
- any action is taken to enter into a scheme of arrangement with creditors;
- any action is taken to appoint a receiver or manager, a liquidator, an administrator, or another similar person;
- any action is taken to suspend payment of debts generally; or
- any action is taken to declare the debtor insolvent for the purposes of any provision of the Corporations Act 2001 (Cth);
Law includes the following:
- any statute, regulation, ordinance, proclamation, council regulation, or by-law;
- any order, official policy, directive, request, requirement, or guideline issued by any government agency, present or future, whether or not having the force of law; or
- common law duties and obligations to third parties.
The term Nominated Account refers to the Driver’s or the Business’s bank account to which the Driver has directed that the Driver Services Fee be paid;Privacy Laws refers to the Privacy Act 1988 (Cth), any comparable State-based privacy legislation, and associated regulations; and “Personal Information” has the same meaning as in the Privacy Act 1988 (Cth).TheQuoted Fare is the sum of the Driver Services Fee collected by (COMPANY NAME) as agent for and on behalf of the Driver in exchange for the provision of the (COMPANY NAME)The term warranties refers to the representations and warranties contained in this agreement, as well as any warranties mandated by law.2.2 InterpretationUnless the context indicates otherwise, the following terms apply to this agreement:
- Headers are for convenience only and have no bearing on the interpretation of this agreement;
- Singular terms incorporate plural terms and vice versa;
- Any gender is implied by terms importing a gender;
- Any reference to a part, clause, party, annexure, exhibit, or schedule in this agreement is a reference to that part, clause, party, annexure, exhibit, or schedule;
- Any reference to an individual or individuals, company, partnership, or other body, entity, or other legal person is a reference to a person;
- comprising or comprising means comprising or including (as the case may be) without limitation;
- the term “time” refers to the time zone in which the Driver Services are delivered; and
- If a payment or other act is required to be made or performed on a day that is not a Business Day, it must be made or performed the next Business Day.
- Term This agreement will begin on the day you first submit your information into the Application and will continue until canceled in line with paragraph 17.
- The Driver appoints 2Airport as its agent
- The Services are given to the Driver by 2Airport via the application.
- The Driver Services are supplied directly to the Customer by the Driver.
- The Driver irrevocably designates 2Airport as its agent for the purpose of entering into agreements with Customers for the supply of Driver Services for the length of this agreement.
- The Driver acknowledges and agrees that the Customer Terms set forth on 2Airport website will govern its relationship with Customers, agrees to abide by them in all respects, and indemnifies and holds 2Airport harmless from any loss or damage incurred by 2Airport as a result of or in connection with a breach of the Customer Terms by the Driver.
- The Driver is not an agent, subcontractor, or partner of the Company 2Airport. The Driver does not have the power to act on behalf of and must not represent itself as having such authority 2Airport. This agreement does not establish a relationship of trust or co-operation between 2Airport and the Driver.
5.1 Booking Conditions
Subject to the provisions of paragraph Driver’s Obligations, the Driver must adhere to the Booking Conditions specified for each individual Booking. This agreement is governed by the Booking Conditions. To the extent that the Booking Conditions conflict with this agreement (save for the section Driver’s Obligations), the Booking Conditions will prevail.
5.2 2Airport Booking Process
Customers may download the Application to their Device (or access it through a web browser) and use it to request private hire passenger transport in line with specific Booking Information, which may include the following:
- the Customer’s selected pickup location;
- the intended destination for the Customer’s transportation; and
- the planned time for the Customer’s pickup, delivery, or the duration of the Driver Services to be given.
Customers may use the Application to obtain a quotation from 2Airport for a driver who will adhere to the parameters of the request.2Airport has the right to accept or reject a Booking at its sole discretion.If 2Airport approves a Customer’s Booking, 2Airport may notify the Driver via the Application of the Booking, including the amount of the Driver Services Fee.If the Driver is willing and capable of providing the Driver Services in line with the Booking’s terms, they may accept the Booking via the Application.If the Driver accepts the Booking’s terms, 2Airport may assign the Booking to the Driver (in its exclusive discretion).If the Driver is allocated the Booking, 2Airport will confirm the Booking’s conditions with the Customer and communicate with the Customer via the Application, which may include the following:
- the Driver’s feedback Rating (if any);
- the brand and model of the vehicle that the Driver intends to use to provide the Driver Services (if relevant);
- the Driver’s name and contact information; and
- the Driver’s expected arrival time at the selected pickup location.
If the Driver is assigned the Booking, the Driver must proceed to the pickup location on the pre-arranged date and time specified in the Booking (or as soon as reasonably possible for any “on demand” booking), notify 2Airport via the Application that they have arrived at the pickup location, pick up the Customer and any additional passengers or goods identified by the Customer at the pickup point (up to the maximum passenger capacity of the Driver’s vehicle), and proceed to the next Booking.At the completion of the Customer’s use of the Driver Services, the Driver must notify 2Airport that the Customer has arrived at their destination through the Application. After receiving this notification, 2Airport will gather the Customer’s Driver Feedback Rating and prepare a recipient-created tax invoice (RCTI) for the Driver Services Fee associated with that Booking in line with the Booking Conditions.
5.3 2Airport Services
2Airport undertakes to supply the following services to the Driver on a non-exclusive basis as specified in this agreement:
- ccess to the Application in order to accept Bookings and provide Driver Services;
- Performance of the acts specified in the Booking Process by 2Airport; and
- collection of the Driver Services Fee from Customers on behalf of and on behalf of the Driver as the Driver’s agent.
The Driver understands and accepts that 2Airport is not obligated to offer a minimum number of Bookings to the Driver.The Driver understands and accepts that 2Airport may modify the 2Airport Services, Driver Services Fee, or Application at any time without notice to the Driver (save in respect to previously made Bookings).
5.4 Driver Services
The Driver agrees to carry out the acts specified in the Booking Process (Driver Services). The Driver promises to comply with any reasonable extra request made by any Customer while performing the Driver Services.The Driver recognizes and accepts that he or she is an independent contractor delivering direct services to the Customer and not an employee, contractor, or subcontractor of the Customer. As such, no law requirements affecting workers or passenger service providers, including any national award, state award, or contract determination, apply to this agreement.The Driver recognizes that 2Airport does not need or impose any time constraints on the Driver in connection with a Booking. The Driver commits to deliver the Driver Services in a safe way at all times, taking into consideration the pace of travel and the possibility of weariness. If the Driver is unable to adhere to a planned timetable due to the Driver’s primary responsibility regarding safety and compliance, the Driver shall promptly tell the Customer.
- Use of the Application2Airport provides the Driver a non-transferable and non-exclusive license to use the Application, subject to the terms and conditions of this agreement.The Driver accepts and recognizes that:
- they may only use the Application on a Device that the Driver controls;
- The Application is intended for usage solely by the Driver;
- the Driver may access and use the Application on their Device solely to provide Driver Services; and
- Except as expressly provided in this agreement, the Driver may not alter, merge, modify, or adapt the Application in any way, including but not limited to disassembling or decompiling; loan, rent, lease, or license the Application or any copy; or transfer the Application or any copy, in whole or in part, in any way, including but not limited to disassembling or decompiling.
The Application’s provision and subsequent use are contingent upon the dependability and availability of third-party service providers, such as software vendors and network service providers.2Airport shall not be responsible to the Driver for any direct or indirect damage incurred as a result of a third party’s lower quality of service.2Airport is not liable for any loss, cost, expense, or damage incurred as a result of any interruption to a Booking or the 2Airport Service, or the operation or failure of the Application, as a result of:
- any disruption to the internet connection or 2Airports server.
- any cancellation, non-appearance, or omission of the Customer, as well as any inaccuracy given by the Customer.
- any system fault on the Customer’s or Driver’s Device used to access the Application that prevents it from connecting to and running effectively.
- any disruption to the Application; or any other incident beyond 2Airports reasonable control, including but not limited to any unauthorized access to or virus attack on the Application.
- Driver’s ObligationsThroughout the course of this agreement, the Driver is required to: adhere to the Booking Conditions applicable to each particular Booking.
- provide the Driver Services in a safe, timely, and efficient manner, and to the Customer’s reasonable satisfaction.
- exercise driver services with reasonable care, competence, and judgment.
- Always act professionally when performing its responsibilities under this agreement, including when collecting and transporting the Customer.
- do everything possible and support 2Airport in any way desired by 2airport to promote and defend the positive reputation and public image of 2Airport
- Drive safely by adhering to the appropriate road roles and applicable industry code(s).
- Ascertain that the Business and Driver (where applicable):
- always retain the Authorisations required to deliver the Driver Services;
- copies all Authorisations on or before the Commencement Date; and
- copies any further Authorisations immediately upon request by 2airport during or after the Term.
- maintain an active GST registration for the business at all times.
- keep a Device that is capable of accessing the Application.
- guarantee that the Device used by the Driver to access the Application includes GPS capability that enables 2Airport to monitor the Driver and their vehicle in real time and that this feature is always enabled while providing Driver Services.
- maintain an active session in the Application while providing Driver Services.
- guarantee that any equipment or vehicles utilized by the Driver to provide Driver Services are in good functioning condition, roadworthy, registered, and conform with all relevant laws.
- guarantee that the vehicle utilized to offer the Driver Services is in pristine condition and that the vehicle is appropriately stated in the information supplied to the Customer at the time of the Booking.
- notify 2Airport of any discrepancy between the Quoted Fare and the monetary amount required to be charged to the Customer in connection with a particular Booking.
- provide evidence of any relevant Authorisation or qualification as required by 2Airport or any Customer.
Throughout the course of this agreement, the Driver agrees not to: conduct any act or omission that might jeopardize 2Airport good name.
- While providing Driver Services, the Driver must not exhibit or give to Customers or members of the public any branding, advertising, or other Intellectual Property associated with a business or enterprise other than 2Airport (including any business with which the Driver is affiliated).
- interact or try to engage with Customers to supply Driver Services or services comparable to Driver Services in any manner other than through the Application and with the agreement of 2Airport, regardless of whether the engagement was initiated by the Customer.
- engage or attempt to engage with other drivers to whom 2Airport provides Services in a manner other than through the Application.
- Driver Services Fee
The Customer will pay the Driver the Driver Services Fee in exchange for the Driver Services provided in line with this paragraph.The Driver Services Fee will be collected from the Customer by 2Airport (as agent for the Driver), in accordance with the process outlined in this clause Driver Services Fee.The Driver Services Fee for each Booking will be provided to the Driver prior to the Driver on the Booking via the Application.Once 2Airport receives news that the Driver has completed a Booking via the Application, it will collect the Quoted Fare from the Customer and issue a recipient-created tax invoice (RCTI) for the Driver Services Fee associated with that Booking.2Airport shall make each RCTI available via the Application for the Driver to evaluate.2Airport shall make every effort to remit the Driver Services Fee to the Driver’s Nominated Account within 5 Business Days of the RCTI being created, or within a maximum of 10 days.
- Complaints and Review Ratings
The Driver shall adhere to the procedures for lodging complaints and rating feedback specified in the Booking Conditions applicable to each individual Booking.
- GSTWhile the amounts payable under this agreement do not include GST, if a service is provided under or in connection with this agreement for which GST is imposed, the amount payable for that service will be increased by an amount equal to the amount of GST payable on the supply, provided that no amount shall be paid on account of GST until a tax invoice for that service is issued.If a payment made under this agreement is a reimbursement or indemnity based on a loss, cost, or expense incurred by that party, the payment will be:
- reduced by the amount of any input tax credit that party has the right to for such loss, cost, or expense; and
- raised in line with the provisions of this article While the amounts payable under this agreement do not include GST, if a service is provided under or in connection with this agreement for which GST is imposed, the amount payable for that service will be increased by an amount equal to the amount of GST payable on the supply, provided that no amount shall be paid on account of GST until a tax invoice for that service is issued. if the payment is made in exchange for a taxable supply, and only to the extent that the payment is made in exchange for a taxable supply.
11.1 Driver to insure and hold Authorisations and permitsThe Driver is responsible for obtaining and maintaining the insurances and obtaining and maintaining the authorizations and permissions specified in
11.2 DurationThe Driver must obtain and maintain the insurance policies referred to in clause Driver to insure for the Term in the case of “occurrence” insurance policies; or the Term and seven years after the Term in the case of “claims made” insurance policies.
11.3 Changes to insuranceThe Driver is responsible for informing 2Airport immediately of any changes to its insurance policy.
11.4 Disclosure of insurance detailsThe Driver understands and accepts that 2Airport may release information about the Driver’s insurance coverage in order to react to and resolve claims made by Customers or third parties who may be covered by the Driver’s insurance policy.
11.5 Proof of insurance, authorisations and permitsUpon 2Airports request throughout the Term, the Driver shall submit a copy of any insurance policies and current certificates of currency, Authorisations and permissions that the Driver is obliged to obtain and maintain in accordance with clause Driver must insure and hold Authorisations and permits.
12.1 Driver’s Warranties
The Driver represents and certifies that:
- they possess the necessary capacity and authority to engage into and fulfill this agreement.
- They possess all necessary Authorisations to conduct business, with the exception of clause Third Party Authorisations.
- The Driver’s use of the 2Airport Services and Application, as well as the provision of the Driver Services, will not violate any Law; and
- The Driver’s usage of the 2Airport Services and Application, as well as the supply of the Driver Services, will not violate the Intellectual Property Rights of any third party.
12.2 Third party Authorisations If you indicated in the Questionnaire that you have the authority to utilize third-party Authorisations, then:
- you guarantee and represent to 2Airport that you will promptly notify 2Airport if you lose the power to use any such Authorisations; and
- If 2Airport becomes aware that you lack the authority to use such Authorisations, 2Airport may terminate this agreement in accordance with clause 2Airport may terminate this agreement in its entirety or in part immediately by written notice to the Driver if the Driver fails to comply with the Booking Conditions applicable to a particular Booking, ceases to possess any required Authorisation, or for any other reason in 2Airports sole discretion.
- Intellectual Property
The Driver acknowledges that:
- 2Airport owns or has a license to use and exploit all Intellectual Property and other proprietary rights in or relating to the Application, including without limitation the Application’s design, text, graphics, all software compilations, underlying source codes and software (including applets), and the information accessed through the Application.
- No right, title, or interest in any Intellectual Property rights embodied in the Application is granted to the Driver according to this agreement.
- Any and all goodwill derived from this agreement is for the exclusive benefit of 2Airport; and
- nothing, including this agreement, affects the Driver’s fulfillment of its responsibilities or confers on the Driver any interest in, right to, or title to the Application’s goodwill.
Unless expressly authorized by law or in this agreement, the Driver must not and must not authorize any other person to:
- utilize any component of the Application for commercial benefit other than as expressly permitted in this agreement.
- reproduce, copy, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend, or otherwise utilize the Application in any form or by any means.
- edit, add to, or revise any aspect of the Application.
- make the Application accessible to others.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to decipher the source code of the Application’s components or reproducing all or any portion of the said components is expressly prohibited.
- Any trade marks, copyright notices, copyright protection devices, disclaimers, or other legal notices may not be removed, altered, circumvented, or tampered with.
- mix the Application in whole or in part with any other software, data, or material; or
- use the Application in any way that violates the Application’s Intellectual Property rights.
All other uses of the Application and the material published in the Application are strictly banned, subject to any statutory exceptions under the Copyright Act 1968 (Cth).If any Intellectual Property rights are formed as a result of the Driver’s use of the Application, the Driver undertakes to assign to 2Airport.
- all Intellectual Property rights on and from the day that any rights are created in the Application.
- the whole copyright throughout the globe, as well as any other similar rights currently existing or bestowed on the Application by applicable legislation in any part of the world, including all renewals and extensions.
- by means of assignment of future copyright, the copyright and all other similar rights that may be awarded or exist in the Application and any and all renewals and extensions, which would belong to the Driver but for this section Intellectual Property.
- any and all common law rights and statutory or common law remedies available to the Driver in connection with the Application.
The assignment referred to in clause If any Intellectual Property rights are created in the Application as a result of the Driver’s use of the Application, the Driver agrees to assign to 2Airport on and from the date such rights are created: is absolute, worldwide, and for all purposes and uses, including the creation of any modifications, enhancements, adaptations, or versions of any of the Application in which any Intellectual Property rights are created. If any Intellectual Property rights are formed in the Application as a result of the Driver’s use of the Application, the Driver agrees to assign such rights to 2Airport on and from the day those rights are established in the Application.The Driver irrevocably indemnifies 2Airport against any claims, liabilities, proceedings, losses (including consequential losses), damages, costs and expenses (including legal costs on an indemnity basis) that 2Airport may incur as a result of the Driver’s breach of any obligation or warranty contained in this clause Intellectual Property.These duties will continue to apply even if this agreement is terminated.
Additionally, each party acknowledges and agrees that it shall not disclose any Confidential Information of the other party without the other party’s prior written consent, except to its advisors, as required by law, or to a bank, other financier, or government authority for the purpose of arranging finance.
Each party undertakes to:comply with all applicable privacy laws.
- comply with all applicable privacy laws.
- utilize any Personal Information it collects only to the extent necessary to carry out its duties under this agreement.
- not disclose Personal Information without the agreement of the individual to whom the Personal Information belongs, unless the disclosure is essential for the provision of the Serviceor the individual has expressly consented to the disclosure.
- take all reasonable precautions to safeguard Personal Information against unauthorized access, alteration, or disclosure.
- not use the Personal Information in a manner that would put the other party in violation of any Privacy Law; and promptly notify the other party if it becomes aware that a disclosure of Personal Information has been made in violation of this clause or any Privacy Law, or as required by Law.
- Termination and Suspension2Airport or the Driver may immediately terminate this agreement in its entirety or in part if the other party:
- repudiates or breaches any of the terms of this agreement, including the Warranties, and fails to remedy such breach within 14 days of receipt of written notice from the non-defaulting party specifying such repudiation or breach; or
- the other party suffers an Insolvency Event.
The Driver may terminate this agreement by providing written notice to 2Airport.2Airport may immediately terminate this agreement in its entirety or in part by written notice to the Driver if the Driver violates the Booking Conditions applicable to a particular Booking, fails to obtain any required Authorisation, or for any other reason in 2Airport’s sole discretion, regardless of whether a breach of this agreement has occurred.2Airprot reserves the right, in its sole discretion, to discontinue providing 2Airport Services to the Driver indefinitely and without warning.If 2Airport or the Driver decides to cancel this agreement for any reason, the Driver must immediately:
- stop/remove using the Application.
- at the time of termination, satisfy any outstanding obligations under this agreement; and
2Airport or the Driver may terminate this agreement in addition to any other rights or remedies available to them under this agreement or under law.
- Dispute Resolution If a disagreement emerges between the parties, the complainant must provide the other party a written notice outlining the nature of the problem, the desired conclusion, and the action the complainant believes would resolve the dispute.The parties must next attempt to address their differences via amicable negotiation.
- Limitation of liability
18.1 No exclusion of non-excludable guarantees
Neither party excludes or limits the applicability of any statutory provision (including the Competition and Consumer Act 2010) to the extent that doing so would violate that legislation or render any portion of this agreement invalid.
18.2 Exclusion of liability2Airport disclaims:
- all implied conditions, warranties, and terms arising under statute, general law, international convention, or custom, except any implied condition or warranty whose exclusion would violate any statute or render this clause void; and
- all liability for consequential or indirect damages arising out of or in connection with this agreement (even if 2Airport) knew they were possible or otherwise foreseeable) including without limitation, loss of profits and damage suffered as a result of claims by any third person, such as a customer of the Driver.
2Airport’s total liability to the Driver for any claim, damage, loss, or breach of this agreement, whether or not caused by negligence, is limited to the following:
- where the claim, damage, or loss relates to re-performing the 2Airport Services, re-performing or paying the cost of re-performing the 2Airport Services; or
- in any other circumstance, the lesser of the Driver Services Fee in respect of which the claim, loss, or damage Under no circumstances will 2Airport or any of its employees or agents be responsible to the Driver for any consequential damage, including but not limited to business interruption, loss of profit, or any other type of loss.
18.3 Fraud and negligence
This agreement does not exclude or restrict any party’s responsibility for fraud, death or bodily damage caused by its carelessness, or any other liability that cannot be excluded or limited by law.
18.4 Soiling and damage to the Driver’s vehicle
If a Customer or their baggage soils or damages the Driver’s vehicle, the Driver may give photographic evidence of the soiling or damage to the Customer 2Airport2Airport shall analyze photographic evidence given by the Driver and, at its sole discretion, may contact the Customer to ascertain the occurrence of the soiling or damage.If 2Airport determines, in its sole discretion, that the soiling or damage occurred and is sufficiently severe, 2Airport may determine that the Driver may charge the customer a soiling and damage fee commensurate with the severity of the soiling or damage, which shall be notified to and collected from the Customer by 2Airport as the Driver’s agent.Once 2Airport receives the money, 2Airport will deposit the entire amount into the Driver’s Nominated Bank Account. The Driver is required to use any monies received pursuant to clause Once 2Airport receives the payments, 2Airport will deposit the entire amount into the Driver’s Nominated Bank Account in order to repair the vehicle’s soiling or damage. To prevent doubt, 2Airport will not be responsible to the Driver for any soiling or damage to the Driver’s vehicle that occurs as a result of or in connection with the performance of Driver Services to a Customer.
- Release and indemnity
The Driver acknowledges and agrees that the Customer (and not 2Airport) orders and pays for the Driver Services, and hereby irrevocably releases and discharges any Claim the Driver has or may have against 2Airport arising from or in connection with the provision of Driver Services to a Customer pursuant to this agreement (except for any Driver Service Fees collected by 2Airport as the Driver’s agent and held by 2Airport.This clause Release may be invoked by 2Airport to preclude any Claim brought by a Driver who has been released or dismissed pursuant to this clause Release.If the Driver brings a Claim against 2Airport, which Claim has been released or discharged pursuant to this clause Release, the Driver must indemnify and hold harmless 2Airport at all times for any and all costs (including all actual legal costs and disbursements on a solicitor/client basis and all other actual professional costs), damages, or other detriment or liability arising out of or in connection with that Claim.
At all times, the Driver will indemnify 2Airport and its officers, employees, and agents (those indemnified) from and against any loss or cost (including legal costs and expenses) or liability incurred or suffered directly or indirectly by any of those indemnified in connection with any of the following:
- any act or omission on the part of the Driver in connection with this agreement; and/or
- a breach of this agreement by the Driver; and/or,
- without limiting the foregoing, a breach of a warranty given by the Driver.
including, but not limited to, any Claim brought by a Customer against 2Airport arising out of or in connection with such Driver’s performance of Driver Services to a Customer.
19.3 Reduction of indemnity
The Driver’s obligation under paragraph Indemnity shall be reduced to the extent that any action, process, claim, or demand is brought as a result of the Driver’s negligence or other unlawful act or omission 2Airport.
19.4 Survival of indemnity
Any indemnification provided under this agreement survives termination (including as a result of this agreement’s expiration) and applies to Claims that may have happened but were not reported during the time of this agreement.
- General Complete Agreement
This agreement contains the parties’ full understanding and replaces any earlier offers, agreements, understandings, and communications.There Will Be No Merger The covenants, conditions, terms, and warranties included in this agreement do not merge or terminate with the conclusion of the transactions contemplated by this agreement, but remain in full force and effect to the extent they remain unfulfilled and satisfied or are capable of having effect.Severability If any term or condition of this agreement is found to be void or unenforceable, it will be read down to make it enforceable or, if that is not possible, it will be severed from this agreement without affecting the enforceability of the other terms or conditions.Rights Cumulative The rights of 2Airport under this agreement are cumulative and do not preempt any rights conferred by law. Waiver Any party’s failure to assert any of its rights under this agreement shall not be regarded as a waiver of such rights. Additional Assurance. Each party must take all necessary steps and execute all further papers to give effect to this agreement and refrain from doing anything that might jeopardize its execution.Legislation and Jurisdiction. This agreement is governed by the laws of the Australian State or Territory in which the Driver provides the Driver Services. Each party irrevocably submits to the courts of that jurisdiction (and their courts of appeal) and waives any right they may have to object to an action being brought in those courts, including but not limited to claiming that the action was brought in an inconvenient forum or that those courts lack jurisdiction.Insurance Driver Authorisations
- Valid driver’s licence
- Valid driver authority from relevant transport authority
- National Police Check
- Driving record
- Vehicle registration papers
- Comprehensive insurance policy
- Injury and property insurance for Passenger or third parties
Passenger transport operator accreditation
- Proof of GST registration
- Certificate of currency of public liability insurance
Any additional paperwork, qualification, or authorization necessary to provide the Driver Services that 2Airport may seek from time to time via the Application (or otherwise).Current Authorisations must be maintained, and prior to the expiration of each Authorisation, evidence of renewal must be submitted.