Due to changes in government regulation myShuttle has ceased operations till further notice effective 24/08/17​​

Existing Bookings please contact

0423 222 720
bookings@myShuttle.com.au

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Passenger Terms and Conditions

The myShuttle Franchising Company Pty Ltd (myfc)
February 2017
This Passenger Agreement (“Agreement”) is between The myShuttle Franchising Company Pty Ltd (myfc) ABN 43 602 440 693 (referred to as “we”, “us” or “our”) and an individual registering to be a user of our services (referred to as “you” or “your”).
We provide a booking system web & mobile phone software application called ‘myShuttle’ (“myShuttle App”) and a system which, amongst other things, enables you, as a user of the "myShuttle App", to identify drivers of private vehicles (that is, vehicles that are not taxis) (“Registered Drivers”) and maxi drivers who are registered on the "myShuttle App" (“Registered Maxi Drivers”) on a map, connect in real-time, make requests for services to take you from one location to another (“Transportation Services”) and pay for the Transportation Services through the "myShuttle App" (referred to collectively as “Service”).
Registered Drivers are required to meet all of our Registered Driver requirements and either own, lease or otherwise have in their lawful possession a vehicle which meets the relevant safety standards, laws or regulations in the State or Territory in which they operate or intend to operate (“Registered Private Vehicle”).  Registered Maxi Drivers are required to meet all of our Registered Maxi Driver requirements.  Registered Private Vehicles and maxi vehicles of Registered Maxi Drivers are referred to collectively as “Registered Vehicles”.
In order to use the Service you must agree to the terms and conditions set out in this Agreement (“Terms”).  Upon your electronic acceptance of this Agreement via the myShuttle App, you will be legally bound by the Terms of this Agreement.
If you have any questions or feedback on the Service, please contact us at support@myshuttle.com.au .
1. YOUR USE OF THE SERVICE
1.1 To use the Service you are required to register for an account as a passenger on the myShuttle App (“Account”).
1.2 To register for an Account, you must be at least 18 years old.
1.3 Account registration requires you to provide certain information, including without limitation, personal information, a valid payment method, and a username and password (“User Information”).
1.4 You warrant that all information that you have provided to us for registration is true, accurate and up-to-date in all respects. If your details or information changes you must notify us immediately. You can update or correct your details or information at any time via the myShuttle App or by contacting us via email at support@myshuttle.com.au .
1.5 You are required to keep your User Information confidential. You are responsible for all activity that occurs under your Account. If you suspect that there has been unauthorised access to your Account, please contact us immediately at support@myshuttle.com.au .
1.6 Through your Account you will be able to see the locations of Registered Drivers or Registered Maxi Drivers and make requests for Transportation Services. Once your request is accepted by a Registered Driver or Registered Maxi Driver, you are required to remain at your pick-up location until the Registered Driver or Registered Maxi Driver arrives.
1.7 Through your Account you will be able to see the locations of Registered Drivers or Registered Maxi Drivers and make requests for Transportation Services. Once your request is accepted by a Registered Driver or Registered Maxi Driver, you are required to remain at your pick-up location until the Registered Driver or Registered Taxi Driver arrives.
(a) comply with all applicable laws and regulations;
(b) follow any reasonable instructions given by Registered Drivers or by Registered Maxi Drivers;
(c) do not ask a Registered Driver or Registered Maxi Drivers to break any laws;
(d) treat Registered Drivers or Registered Maxi Drivers with courtesy and respect; and
(e) do not perform any acts which may cause damage to a Registered Vehicle.
1.8 You warrant that:
(a) you have full power and authority to enter into this Agreement and perform your obligations; and
(b) by entering into this Agreement you will not be in breach of any agreements with any third parties.
1.9 You must not:
(a) use the myShuttle App to make any requests for Transportation Services on behalf of any other individual or entity, including a person under the age of 18 years;
(b) use the myShuttle App to make a request for Transportation Services that you cannot or do not intend to honour if your request is accepted;
(c) use the Service for any unlawful purpose; (d) use the Service in any way that interrupts, damages, impairs or makes the Service less efficient;
(e) use the service for the purpose of transporting goods or furniture;
(f) attempt to: (i) transfer any files which contain viruses, trojans or other harmful programs via the myShuttle App, (ii) access the accounts of other users of the myShuttle App, (iii) penetrate any of our security measures, or (iv) decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the myShuttle App;
(g) use the Service to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
(h) engage in any screen scraping or data acquisition and consolidation;
(i) use the Service to advertise or promote third party or your own products or services;
(j) perform any act which we reasonably believe may be capable of damaging our reputation or bringing our business into disrepute; or
(k) advocate, encourage, or assist any third party in doing any of the above.
1.10 You are responsible for:
(a) obtaining the necessary telecommunication and data services; and
(b) acquiring and updating compatible devices; to access and use the Service.
2. CHARGES AND PAYMENT
2.1 It is free to download the myShuttle App.
2.2 You will be charged a fare for each Transportation Service (“Fare”). The Fare will comprise of:
(a) the in app metered fare for the Transportation Service;
(b) toll charges incurred during the Transportation Service;
(c) if applicable, a tip amount as nominated by you on the myShuttle App;
(d) if applicable, any agreed charges between you and the Driver;
(e) if applicable, a card payments surcharge of 1.8% (inclusive of GST); and
(f) if applicable, a booking fee.
2.3 In addition to the Fare, you may be charged:
(a) if you do not complete a booked journey or cancel a journey when a vehicle has already been allocated to you, a cancellation fee, which we may impose from time to time, in which case we will give you reasonable notice either by email or via the myShuttle App;
(b) an additional fee of up to $150.00 if a Registered Vehicle requires cleaning; and/or
(c) an additional amount to rectify any damage, which is in excess to normal wear and tear, to a Registered Vehicle,
as a result of providing Transportation Services to you (“Additional Charges”).
2.4 The Fare and Additional Charges are inclusive of GST.
2.5 The Fare and Additional Charges may be amended from time to time in order to reflect changes to the Service (including the myShuttle App), in which case we will give you reasonable notice either by email or via the myShuttle App.
2.6 You acknowledge and agree that:
(a) payment of the Fare and Additional Charges to Registered Drivers must be made through the myShuttle App;
(b) payment of the Fare and Additional Charges to Registered Maxi Drivers must be made through the myShuttle App or via another accepted payment method;
(c) payment of the Fare will be taken automatically at the end of the Transportation Service using the most recent payment details you have provided us, unless you elect to pay a Registered Maxi Driver via another accepted payment method;
(d) payment of any Additional Charges, if applicable, will be taken using the most recent payment details you have provided to us;
(e) we may, from time to time, undertake authorisation checks on your nominated payment method; and
(f) we act in a limited capacity as a payment collection agent for Registered Drivers and Registered Maxi Drivers (when payment is made through the myShuttle App) in relation to Transportation Services.
2.7 If you wish to dispute the Fare and/or any Additional Charges, please contact us at support@myshuttle.com.au . You agree to co-operate with and support us in the event of a dispute over any transaction.
3. PROMOTIONAL CODES
3.1 We may, in our sole discretion, create promotional codes (“Promo Codes”) which may be redeemed by you through the myShuttle App, subject to any additional terms which we establish on a per Promo Code basis (“Promo Terms”).
3.2 You agree that Promo Codes:
(a) are to be used by the intended audience only;
(b) must not be used by myShuttle drivers;
(c) are limited to one use per Passenger;
(d) may only be used pursuant to the Promo Terms;
(e) may not be duplicated, sold or transferred to any third party;
(f) must not be made available to the general public;
(g) may be disabled by us at any time for any reason;
(h) are not valid for cash; and may expire prior to redemption;
(i)  are limited to $50 in value in any six month period.
4. TERM AND TERMINATION
4.1 This Agreement commences from the date that this Agreement is executed by you and will continue until terminated in accordance with this clause.
4.2 You may terminate this Agreement at any time by closing your Account by following the instructions on the myShuttle App.
4.3 We may terminate this Agreement and close any account that you have with us, for any reason, by giving you 7 days’ notice in writing.
4.4 We may terminate this Agreement and close any account that you have with us, immediately and without notice, if you commit a material breach of these Terms.
4.5 We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This does not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5. INTELLECTUAL PROPERTY
5.1 For the duration of this Agreement, we grant you a royalty-free, non-exclusive and non-transferable licence to use the myShuttle App for the purpose of using the Service (“IP Licence”).
5.2 You have no right to sub-licence the IP Licence.
5.3 You acknowledge and agree that the IP Licence grants you no rights in relation to our copyright, trademarks or other intellectual property rights, including without limitation, rights in and to logos, graphics, photographs, animations, videos, software, applications and website, or the intellectual property of our partners, other than the non-transferable, personal right to use and receive the Service, in accordance with these Terms.
6. PRIVACY STATEMENT
6.1 By registering for an Account, you acknowledge and consent to our collection of your personal information including, but not limited to:
(a) your name;
(b) contact details including mobile phone number and email address;
(c) your location; and
(d) financial information (such as your credit card payment details).
6.2 Your personal information is collected in accordance with the Privacy Act 1988 (Cth).
6.3 Your personal information may be used for the purposes of:
(a) enhancing the security of both driver and passenger;
(b) registering and managing your Account;
(c) providing you with the Service or offers in relation to the Service;
(d) placing you in contact with Registered Drivers or Registered Maxi Drivers;
(e) processing payments (where applicable);
(f) contacting you in respect of any queries or complaints;
(g) for our internal business management including accounting;
(h) to advise you about new product offering or promotions;
(i) to advise you about changes to our terms and conditions;
(j) complying with our legal or regulatory obligations; or
(k) for any other purposes you may reasonably expect.
6.4 From time to time, your personal information may be disclosed to:
(a) our staff, Registered Maxi Drivers and Registered Drivers in order to provide you with the Service;
(b) to third parties, agents, contractors or suppliers who assist us in the provision of the Service (for example, payment processors, website hosting service providers, information cloud storage service providers);
(c) law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; or
(d) other platforms to which you have asked us to interface.
6.5 Privacy Policy https://www.iubenda.com/privacy-policy/7980166
6.6 Further information about our policies for managing your personal information, including how you may request access to or seek the correction of the personal information we hold about you, or how you may submit a complaint about a breach of privacy or a general privacy-related query, is set out in our privacy policy available at https://www.iubenda.com/privacy-policy/7980166.
7. CONSUMER GUARANTEES, LIMITATION OF LIABILITY AND DISCLAIMERS
7.1 The Service comes with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by these Terms. Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.
7.2 To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Service is limited to us re-supplying the Service to you or, at our option, refunding to you the amount you have paid for the Services to which your claim relates.
7.3 We are an introductory service only. We provide a platform to connect you with Registered Drivers and/or Registered Maxi Drivers and facilitate payment for Transportation Services. You acknowledge and agree that:
(a) we do not endorse any user of the Service;
(b) we make no representations that your requests for Transportation Services will be accepted;
(c) any arrangements made for the provision of Transportation Services is between you and the Registered Driver or Registered Maxi Driver only;
(d) we are not a party to any arrangements between you and any Registered Driver or Registered Maxi Driver, and we act in a limited capacity as a booking and payment collection agent for the Registered Driver or Registered Maxi Driver in relation to Transportation Services;
(e) we are not responsible for a Registered Driver or Registered Maxi Driver’s behavior, actions or inaction's, and we disclaim all liability (howsoever arising) for all such behavior, actions or omissions; and
(f) we are not affiliated with or responsible for any taxi network.
7.4 Subject to clause 7.1, we provide the Service to you on an “as is” and “as available” basis. We do not represent, warrant or provide any guarantees in relation to the availability or uptime of the Service, nor do we represent, warrant or provide any guarantee that your access to or use of the myShuttle app or Service will be uninterrupted or error free. The myShuttle app and Service are subject to limitations, delays and other problems which are inherent in the use of internet and electronic communications. We accept no responsibility for any delays, delivery failures or losses or damages which you may suffer as a result of such problems.
7.5 Subject to clause 7.1, you acknowledge that whilst we take reasonable steps to ensure the information provided to you through the Service is accurate, we accept no responsibility for and make no representations or warranties to you or to any other user as to the reliability, accuracy or completeness of the information provided through the Service. We recommend that you maintain your own records and use your discretion when acting on information received through the Service.
7.6 You acknowledge and agree that we are not liable for:
(a) your actions, inaction, acts or omissions, in your capacity as a passenger of a Registered Vehicle;
(b) the actions or inactions of any Registered Drivers, Registered Maxi Drivers or other users of the Service;
(c) loss caused by our breach of these Terms which does not arise in the natural and ordinary course of events, or which exceeds $1,000, although we acknowledge that this limitation will not apply if and to the extent that we are also liable for that loss caused by our breach of the consumer guarantees under the Australian Consumer Law;
(d) loss of revenue, profit, goodwill, reputation, opportunity, data or information arising out of your access and use, or inability to access or use, the myShuttle app and/or Service; or
(e) a failure to provide the Service or meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control (for example, a network or third party software failure).
7.7 You acknowledge and agree that we have limited control over the nature and content of the information that is transmitted or received by you or other users of the Service. Although we reserve the right to do so, we do not monitor such content in the usual course of business, and to the extent permitted by law, we will not be liable for such content.
8. INDEMNITY
8.1 You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
(a) any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete;
(b) your breach of any applicable laws and regulations;
(c) your breach of any of the Terms; or
(d) a misuse of the Service by you.
8.2 This clause 8 will survive the termination of this Agreement.
9. DISPUTE RESOLUTION
9.1 If you wish to:
(a) provide us with any feedback;
(b) make a complaint in relation to the Service or make a claim under these Terms; or
(c) make a complaint about other users of the Service,
please email us at admin@myShuttle.com.au.
9.2 Each party agrees to act reasonably and without delay in seeking to resolve any disputes arising under these Terms.
10. GENERAL
10.1 Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
10.2 Relationship of the parties. The relationship between the parties under this Agreement is that of independent contractors. This Agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties.
10.3 Assignment. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 4.2, you may terminate your agreement with us at any time.
10.4 No waiver. Any delay by us in exercising a right under these Terms do not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.
10.5 Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
10.6 Amendment. We may amend these Terms from time to time in order to reflect changes to the Service (including the myShuttle app) in which case we will give you reasonable notice either by email or via the myShuttle app. Your continued use of the Service constitutes your acceptance of the changes and your consent to be bound by the amended Terms. As set out in clause 4.2, you may terminate your agreement with us at any time.
10.7 Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address. Any notice delivered by you to us under this Agreement will be delivered by you emailing us at admin@myshuttle.com.au .
10.8 Governing law. These Terms are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts operating in New South Wales.



Driver Terms & Conditions


The myShuttle Franchising Company
February 2017
Taxi Apps Pty Ltd (“myShuttle” or “we”) provides a software application called myShuttle (the “myShuttle app”) and a system that, amongst other things, lets passengers see nearby available Maxi Drivers on a map, connect in real-time (including by mobile phone) and pay for maxi vehicle transportation services through the myShuttle app (the “myShuttle service”).
The myShuttle service is designed to give you as much control and ownership over how you manage your work as possible, and generally help passengers and drivers connect more efficiently. You however must be responsible for your own use of the myShuttle service and your own behavior as a Maxi Driver. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others. If you have any questions or feedback on the myShuttle service you can contact us at admin@myshuttle.com.au .
SUMMARY OF IMPORTANT TERMS AND CONDITIONS
Service Quality
– Only accept a job if you are confident that you can complete it
– Do not abandon a job once you have accepted it unless absolutely necessary i.e. you are too far away from the pick up location
– When you accept a job, always drive directly to the Passenger’s pick up location
– Always be polite and respectful to the Passenger
           ~ Report any unacceptable Passenger conduct to admin@myshuttle.com.au
           ~ Do not talk on the phone, eat or use offensive language during a job
– Always be presentable and have good personal hygiene (this is a common Passenger complaint against some drivers)
Passenger Payments Fraud Prevention
– Passenger Fraud is a serious issue with online payments and we require your help to prevent credit card fraud
– myShuttle is not able to verify passengers or their payment details
– Drivers should only process in-app payments up to a maximum of $200.00 per job and a maximum job duration of 1.5 hours
– Drivers should never process two transactions to exceed the $200 limit.
– All in-app payments must relate to a job that has been booked and GPS tracked via the myShuttle app.
           ~ Pre-payments are strictly prohibited
           ~ Processing a payment via the app for a job which has not been booked and tracked in app is strictly prohibited
– Any suspect transactions such as:
           ~ overnight jobs lasting more than 1 hour;
           ~ Passengers asking the Driver to wait for extended periods;
           ~ multiple trip destinations not entered via the app; or
           ~ large tips and /or offers to pay more than the metered fare,
must not be processed via the app and should be reported to myShuttle via admin@myshuttle.com.au
Failure to follow the above fraud prevention rules will result in non payment of the fare.
myShuttle offers a $50.00 reward for genuine information leading to the successful closure of a suspicious Passenger account.
Voucher Referrals
– Passenger Referral Codes may only be used to recruit Passengers who regularly use maxi or rideshare booking services
– The use of referral codes and voucher credit by Drivers or their family members is strictly prohibited
1. YOUR USE OF THE MYSHUTTLE SERVICE
1.1 You can only use the myShuttle service if you are and remain a licensed and accredited Maxi Driver and provide and update the required information for registration as a Maxi Driver.
1.2 You agree:
           1.2.1 and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the myShuttle app or contact us directly admin@myshuttle.com.au;
           1.2.2 your use of the myShuttle service grants you no rights in relation to our copyright, trademarks or other intellectual property rights (including, without limitation, rights in and to logos, graphics, photographs, animations, videos, myShuttle software, applications and website) or the intellectual property of our partners, other than the non-transferable, personal right to use and receive the myShuttle service in accordance with these Terms;
           1.2.3 that you will not use the myShuttle service: for any unlawful purpose; in any way that interrupts, damages, impairs or renders the myShuttle service less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users (including other passengers or drivers) or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your driving services in the normal course of using the myShuttle service);
           1.2.4 and warrant that: you have all the appropriate licenses, approvals and authority to provide maxi transportation services to passengers; that you own or have the legal right to operate the maxi vehicle you use when using the myShuttle service and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;
           1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation, including without limitation creating any false bookings or otherwise breaching our Driver Code of Conduct;
           1.2.6 and acknowledge that we have no control over the nature and content of communications between you and other users of the myShuttle service. If you have a complaint about another user please contact us via the myShuttle or via admin@myshuttle.com.au;
           1.2.7 that you will comply with all applicable laws and be responsible for the provision of your maxi transportation services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);
           1.2.8 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
1.3 In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate but we can’t guarantee that it will always be accurate or correct and therefore you should keep your own records and use your own judgment when acting on the basis of information provided.
1.4 Please note that we are not responsible for the behaviour, actions or inactions of passengers. Any contract for the provision of transportation services is between you and the passenger, and not myShuttle. myShuttle provides a platform to connect providers of transport services to passengers and to facilitate payments for those services provided, in an agency capacity only.
1.5 You must not accept any job on behalf of another driver. 
1.6 You must not accept any job that you cannot complete immediately.
2. GOODS AND SERVICES TAX (GST)
2.1 myShuttle (the Recipient) will act as agent for you (the Supplier) through myShuttle's dealings with customers, including arranging bookings and where payment is made via the app, collecting fares, fees and charges.
2.2 Where the customer pays via the app, the Recipient will issue tax invoices in respect of supplies of vehicle transport services from the Supplier within 2 business days.
2.3 Where the Recipient issues tax invoices to the Supplier within the time agreed between the parties, the Supplier will not issue tax invoices in respect of such supplies.
2.4 The Supplier acknowledges that it is registered for GST and that it will notify the Recipient if it ceases to be registered.
2.5 The Recipient acknowledges that it is registered for GST and that it will notify the Supplier if it ceases to be registered or if it ceases to satisfy any requirement of the Australian Taxation Office (ATO) regarding RCTIs.
2.6 The Recipient and the Supplier agree to abide by the requirements from time to time of the ATO regarding RCTIs.
3. PAYMENTS AND FRAUD PREVENTION
3.1 Charges for use of the myShuttle system are set out in the myShuttle app.  Such charges may include individual or periodic job access fees, payment processing fees and/or an account management fee. myShuttle reserves the right to update these charges at any time.
3.2 We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these terms.
3.3 Any fees due to you shall be paid by us less:
(i) any fees for use of the myShuttle service, (ii) any chargebacks where a passenger disputes the services you provided and we believe you have not taken sufficient steps to avoid such fraud; and (iii) any fees or costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay. You agree to co-operate with and support us (including through the provision of relevant information) in the event of a dispute over any transaction.
3.4 The balance of any payments owing to you from passengers will be provided within 5 business days. We may withhold or delay payments to you where:
           (A) Where the owner of the card or Passenger denies authorising or we have reasonable grounds to suspect that the passenger did not authorise the relevant transaction; or
           (B) Pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.
3.5 You acknowledge that payment providers may ask that we or they conduct an audit of your activities to ensure compliance with these Terms and the use of the myShuttle service and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies.
3.6 You acknowledge that myShuttle does not provide payment protection or guarantees in relation to transactions with passengers. This means that you may bear the risk in the event that a transaction proves to be fraudulent or unauthorised, particularly where myShuttle determines that you have not taken sufficient steps to avoid that fraud.
3.7 You acknowledge that although myShuttle requires Passengers to enter contact details and a payment method on registration, myShuttle is not able to verify the identify of Passengers. myShuttle relies on Drivers to detect and report suspicious activity and potential payments fraud.
3.8 You agree that you will terminate any job, not accept payment via the app and notify myShuttle immediately (admin@myshuttle.com.au) where any Passenger engages in behaviour that is suspicious. 
Suspicious behaviour would typically include:
           (A) Passengers who take long duration trips with multiple locations, particularly where the Driver is asked to wait for extended periods;
           (B) Passengers who appear to have little regard for the cost of the fare or offer large tips; and
           (C) Passengers who use their myShuttle account to pay for the fare of another Passenger;
3.9 You acknowledge that myShuttle only permits jobs from one location to another lasting no longer than 2 hours in duration. Booking a driver for a period of time (e.g. for 2 hours) and/or taking payment in advance is strictly prohibited.
3.10 You agree that you will only accept payment via the app for the Passenger who travels in your maxi and owns the myShuttle account.  If you are unsure or suspicious, you should ask the Passenger to show you photo ID which matches their myShuttle account name.
3.11 You agree that you will never provide cash out to a passenger.
3.12 You agree that you will not process any metered fare greater than $200.00 and you will not process more than 1 fare with the same Passenger, in order to breach this in app payment limit.
3.13 You acknowledge that any payment processed by a driver in breach of the above terms, will be withheld for a period of 3 months, in order to ascertain whether the payment has been rejected by the card holder. 
3.14 Any driver who reports suspicious activity which results in the termination of a Fraudulent Passenger or Driver will receive a $50.00 reward.
4. REFERAL PROGRAMS
4.1 myShuttle operates a driver and passenger referral program with the aim of introducing new drivers and genuine Passengers to the Platform. From time to time, myShuttle also offers driver job bonuses.
4.2 You acknowledge and agree that the Passenger Referral Codes may only be used to recruit Passengers who regularly use maxi or rideshare booking services.
4.3 You acknowledge and agree that the use of referral codes and voucher credit by yourself, family members or with other Drivers is strictly prohibited.
4.4 You agree that myShuttle has absolute discretion in determining which Passenger accounts and jobs are considered to be eligible for our referral program.
4.5 We reserve the right to suspend, restrict or terminate your access to the myShuttle Service and withhold any job related payments, if at any time we believe that you have not complied with the above terms and conditions.
5. TERM & TERMINATION
5.1 We may terminate these Terms and close any account you have with us by giving you 1 business day notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you commit a material breach of any of your obligations under these Terms or the Driver Code of Conduct or if you cease to be an accredited driver.
5.2 We reserve the right to suspend, restrict or terminate your access to the myShuttle service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms or the Driver Code of Conduct. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5.3 You may cancel these Terms at any time by simply closing your account by following the instructions on the myShuttle app.
6. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
6.1 The myShuttle service comes with consumer guarantees under Australian consumer law that cannot be excluded by these Terms. These include that we will provide the myShuttle service with due care and skill.  Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.
6.2 If we fail to comply with a consumer guarantee, our liability will be limited to supplying the myShuttle service again, or paying the cost of having the myShuttle service supplied again.
6.3 Subject to clause 5.1, we are not liable for: (i) the actions or inactions of any passengers (other than in the circumstances set out in clause 2.2) or other drivers; (ii) loss caused by our breach of these Terms which does not arise in the natural and ordinary course of events, or which exceeds $1,000; (iii) loss of revenue, profit, reputation, opportunity, data or information; or (iv) failure to provide the myShuttle service or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network or third party software failure).
7. PRIVACY STATEMENT
7.1 By registering as a driver, you acknowledge and consent to our collection of your personal information including your name, location, mobile number, financial information (such as your bank account details) and email address.
7.2 This personal information is collected in accordance with the Privacy Act 1988 (Cth) and may be used for the purposes of registering and managing your driver account with myShuttle; providing you with the myShuttle service or offers in relation to the myShuttle service; placing you in contact with potential passengers and jobs; processing payments to you (where applicable); contacting you in respect of any queries or complaints; for our internal business purposes (such as our accounting or management purposes); if required or authorised by law and for the purposes of complying with our legal or regulatory obligations; or for any other purposes you may reasonably expect.
7.3 From time to time, we may disclose your personal information to our staff and to third parties, for example: to passengers in order to connect you with potential passengers and jobs; to third parties, agents, contractors or suppliers who assist us in the provision of the myShuttle service (for example, payment processors, website hosting service providers, information cloud storage service providers); law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; and other platforms to which you have asked myShuttle to interface. Driver personal information is hosted by Google on servers located in Australia.
7.4 If you are not comfortable giving us permission to collect and manage your personal information in this manner, you do not have provide us with your personal information.  However, if you do not provide us with certain required personal information we will be unable to provide you with, and you will not be able to avail yourself of the full myShuttle service. 
7.5 Further information about our policies for managing your personal information, including how you may request access to or seek the correction of the personal information we hold about you, or how you may submit a complaint about a breach of privacy or a general privacy-related query, is available in the myShuttle Privacy Policy at https://www.iubenda.com/privacy-policy/7980166 .
8. MYPOINTS
8.1 MyPoints are part of a system that rewards drivers for completing myShuttle jobs.
8.2 MyPoints can be awarded and be removed at any time at the sole discretion of MyPoints and without compensation to drivers.
8.3 MyPoints are accumulated only to indicate your status level as a myShuttle driver. MyPoints cannot be transferred to another person or business and cannot be exchanged for any real currency or value.
8.4 If you choose to terminate these Terms your MyPoints will be cancelled. If you later register with myShuttle again, your MyPoints level will begin from zero.
9. INDEMNITY
9.1 You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
           (A) any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete;
           (B) your breach of any applicable laws and regulations;
           (C) your breach of any of the Terms; or
           (D) a misuse of the myShuttle Service by you.
This clause will survive the termination of this Agreement.
10. DISPUTE RESOLUTION
If you wish to provide us with any feedback; make a complaint in relation to the myShuttle Service; or make a complaint about other users of the myShuttle Service, please email us at admin@myshuttle.com.au.
Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms.  You acknowledge and agree that you will not, for the duration of this Agreement, make any disparaging comments about us on social media or any public forum.
11. GENERAL
11.1 Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
11.2 Relationship of the parties. The relationship between the parties under this Agreement is that of independent contractors. This Agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties. 
11.3 Assignment. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 3, you may terminate your agreement with us at any time.
11.4 No waiver. Any delay by us in exercising a right under these Terms do not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.
11.5 Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
11.6 Amendment. We may amend these Terms from time to time in order to reflect changes to the myShuttle Service (including the myShuttle App) in which case we will give you reasonable notice either by email or via the myShuttle App. Your continued use of the Rideshare Service constitutes your acceptance of the changes and your consent to be bound by the amended Terms. As set out in clause 5 you may terminate your agreement with us at any time.
11.7 Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address. Any notice delivered by you to us under this Agreement will be delivered by you emailing us at admin@myshuttle.com.au.
11.8 Governing law. These Terms are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts operating in New South Wales.