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Terms and Conditions

Taxi Operator Agreement

I, hereby acknowledge and understand that upon receipt of my ID card to drive a taxi for Oopal Cabs, the Oopal Cabs Taxi Network will collect and store my personal information and images in accordance with the “Point to Point Transport (Taxis and Hire Vehicles) Act 2016″,”Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017” and The Privacy Act 1988. I have no objections to the collection and storage of this information, provided that it is not unlawfully disclosed to third parties. As a public transport driver, I pledge to abide by and comply with all Australian transport-related laws and regulations as well as the terms and conditions set forth by Oopal Cabs. I, the undersigned, hereby confirm that I am of legal age, being over 18 years old, possess no psychological disabilities, and am not currently under the influence of any intoxicating substances, as required by Australian law. In witness whereof, the parties have executed this Agreement as of the date mentioned in this agreement. I, hereby acknowledge and understand that upon receipt of my ID card to drive a taxi for Oopal Cabs, the Oopal Cabs Taxi Network will collect and store my personal information and images in accordance with the “Point to Point Transport (Taxis and Hire Vehicles) Act 2016″,”Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017” and The Privacy Act 1988. I have no objections to the collection and storage of this information, provided that it is not unlawfully disclosed to third parties. As a public transport driver, I pledge to abide by and comply with all Australian transport-related laws and regulations as well as the terms and conditions set forth by Oopal Cabs. I, the undersigned, hereby confirm that I am of legal age, being over 18 years old, possess no psychological disabilities, and am not currently under the influence of any intoxicating substances, as required by Australian law. In witness whereof, the parties have executed this Agreement as of the date mentioned in this agreement.

This is a Taxi Operator agreement between Oopal Group Pty Ltd. (Oopal Cabs Taxi Network), a duly incorporated and registered company under the laws of Australia, having its registered office at 82 Mulholland Avenue, Campbelltown NSW 2560 and taxi operator. Oopal Group Pty Ltd. (Oopal Cabs Taxi Network) utilises The MY Taxi Partner booking and dispatch system and duress alarm system, which is powered by My Taxi, a renowned provider of advanced technology solutions for transportation services. Pursuant to this Agreement, Oopal Cabs Taxi Network has agreed to provide the Client with cutting edge Equipment such as Tablets, software, Book and Ride apps, GPRS and 4g or 5g capability, thereby enabling the Client to render high-quality and efficient transportation services to passengers. Cabcharge EFTPOS may be supplied by Oopal Cabs if requested, subject to the nature of this Agreement, or the Client can alternatively use their own cabcharge payment system. I acknowledge and agree that I am liable to pay for any damages that may occur to any devices of Oopal Group Pty Ltd. or replace them with a brand-new device, whether the damage was caused intentionally or as a result of my negligence. This agreement is legally binding under Australian law and I understand and accept the terms outlined above. This Agreement constitutes a binding and enforceable legal instrument, which is subject to the terms and conditions set forth in this document. The Client acknowledges and agrees to adhere to these terms and conditions in full, and shall act as the full guarantor of the Taxis listed in this Agreement. Any breach of this Agreement or failure to comply with the terms and conditions set forth herein shall be subject to legal action, including but not limited to termination of this Agreement and/or any legal remedies available under the laws of Australia.

I hereby affirm and declare, under penalty of perjury, that I have carefully read and understood all the details provided in this document and that I agree to abide by all the terms and conditions set forth herein. Furthermore, I confirm that all information provided by me is true, accurate, and complete to the best of my knowledge, and I understand that any misrepresentation or omission of any material fact may result in the termination of this agreement and/or any legal action taken against me.

DIRECT DEBIT AUTHORISATION FROM BANK ACCOUNT OR DEBIT & CREDIT CARD

I, hereby authorise Oopal Group Pty Ltd, ABN [33663654886], to initiate debit transactions from my nominated bank account on the invoice due date for the amount indicated on the invoice in accordance with the terms and conditions agreed upon by both parties and complies with the laws and regulations of Australia. I acknowledge that I am fully responsible for ensuring that there are sufficient funds in my account to cover the authorised debits and that I have the right to cancel this authorization at any time by providing written notice to Oopal Group Pty Ltd. This authorization will remain in effect until revoked by me or until the termination of the agreement between Oopal Group Pty Ltd and myself.

I, hereby authorise Oopal Group Pty Ltd, ABN [33663654886], to initiate debit transactions from my nominated debit or credit card on the invoice due date, and I acknowledge that I am liable to pay card payment processing fee up to 2.5% may be associated with this payment. This authorization is in accordance with the terms and conditions agreed upon by both parties and complies with the laws and regulations of Australia. I understand that I am fully responsible for ensuring that there are sufficient funds available on my nominated card to cover the authorised debits and that I have the right to cancel this authorization at any time by providing written notice to Oopal Group Pty Ltd. This authorization will remain in effect until revoked by me or until the termination of the agreement between Oopal Group Pty Ltd and myself.

I acknowledge and agree that it is my responsibility to maintain accurate records of all payments made to Oopal Group Pty Ltd. I understand that such records must be kept for a period of at least 5 years, in compliance with Australian taxation laws and other relevant regulations. Failure to maintain adequate records may result in penalties, fines, or other legal consequences.

Payment Obligations: The Party agrees to pay Oopal Cabs a fee for each completed service performed by or the Party on behalf of Oopal Cabs in accordance with the fee structure provided by Oopal Cabs. The Party acknowledges and agrees that the fee structure may change from time to time, in Oopal Cabs’s sole discretion, and that the Party’s continued use of the Oopal platform constitutes acceptance of any such changes.

Independent Contractor: The Party acknowledges and agrees that he/she/it is an independent contractor and is not an employee, partner, or joint venture of Oopal Cabs. The Party further acknowledges and agrees that he/she/it is solely responsible for all taxes, Passenger Service Levy, fees, and other costs associated with providing transportation services on behalf of Oopal Cabs according to the Income Tax Assessment Act 1936 (ITAA 1936) and the Income Tax Assessment Act 1997 (ITAA 1997), and the Fringe Benefits Tax Assessment Act 1986.

Representations and Warranties: The Party represents and warrants that he/she/it has the right and authority to enter into
this Agreement and to perform the obligations hereunder. The Party further represents and warrants that he/she/it will provide transportation services in a safe and professional manner and in accordance with all applicable laws, regulations, and industry standards.

Indemnification: The Party agrees to indemnify and hold harmless Oopal Cabs and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Party’s provision of transportation services on behalf of Oopal Cabs.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or related to this Agreement shall be resolved exclusively by the courts located in Australia.

Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

Operator & Driver requirements

1.01 All drivers must hold a valid driver authority issued by the NSW government. This authority is issued after the driver has undergone a criminal history check, a driving history check.
1.02 Drivers must be at least 21 years of age. Drivers must demonstrate a minimum level of English language proficiency.
1.03 Drivers must complete approved training courses that cover topics such as customer service, road safety, and disability awareness.
1.04 Drivers must keep accurate records of their work, including details of trips, fares, and payments.
1.05 Drivers must conduct themselves in a professional and courteous manner at all times, and must not discriminate against passengers on the basis of their race, religion, or any other characteristic.
1.06 Drivers must ensure that their vehicles meet the standards set out by the NSW government, including safety and cleanliness standards.
1.07 Drivers must comply with all relevant laws and regulations, including those relating to safety, licensing, and accreditation.
1.08 Drivers must hold an unrestricted Australian driver licence for a total of at least 12 months in the preceding 2 years.
1.09 Taxi drivers must possess a driver identity document in the form of either a card or electronic document. This document must feature a clear photograph of the driver and an identification number provided by the taxi service provider.

2. Notifiable Occurrences

drivers are required to report any notifiable occurrences that impact the service to the Network as soon as possible. This obligation extends to incidents involving passengers as well. Notifiable occurrences are defined as accidents or incidents that are prescribed by the regulations.

3. Vehicle insurance

For taxi operators it is mandatory to maintain one or more insurance policies for each vehicle used to provide a passenger service. These policies must provide coverage of at least $5,000,000 against liability for any third-party property damage caused by or arising out of the use of the vehicle. Such policies must be issued by a corporation that is authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.

4. Operation of fare calculation device by taxi driver

4.01 The driver must not start the device before the taxi is hired but must start the device as soon as the taxi is hired. During the hiring, the driver must keep the device running at all times, except when it is necessary to stop it to prevent it from registering a charge.

4.02 Overcharging passengers is strictly prohibited, and our organisation has a zero-tolerance policy towards such unethical behaviour. It is our utmost obligation to provide fair and equitable services to all passengers, and we take this responsibility seriously. Our commitment to upholding the highest standards of integrity and professionalism in our services is unwavering. We ensure that passengers are charged appropriately and transparently, and any violation of our policy will not be tolerated. In the event of any complaint against overcharging, the driver must refund 100% of the charged amount. We remain committed to providing a safe, reliable, and transparent transport service to all our valued customers.

4.03 It is imperative that a driver of a wheelchair accessible taxi, to which a fare calculation device is fitted, must not commence using the device before the taxi is fully equipped and prepared to safely transport a passenger in a wheelchair. This provision is in place to ensure the safety and comfort of all passengers, including those who require special assistance. Our organisation takes this responsibility seriously and requires all drivers to strictly adhere to this rule. Any violation of this provision will not be tolerated and appropriate action will be taken against the driver in question.

4.04 If a maxi-cab is providing a taxi service in an Urban Area or a Country Area and there are 5 or more passengers, the driver is allowed to request an amount of up to 150% of the fare and other associated arrangements, as per the applicable regulations.

4.05 If a passenger soils a taxi during a taxi service to such an extent that the taxi is no longer clean and tidy, and it cannot be reasonably used to provide another passenger service before being cleaned, then the driver can request a cleaning fee not exceeding $120.00 (plus GST), which the hirer is obliged to pay.
4.06 The maximum amount of a non-cash payment surcharge payable for a passenger service provided by a taxi is 5% inclusive of GST.
4.07 Fare calculating device must be impervious to both tampering and vandalism, and must remain functional whenever the vehicle is available for hire. Additionally, all fares and associated figures displayed on the fare calculation device, whether presented directly on the device or through the use of an auxiliary mechanism, must be conspicuously visible to all passengers present in the vehicle at any given time.

5. Wheelchair Vehicle

5.01 wheelchairs must have a dedicated space that meets specific size requirements, with no obstructions other than adjustable restraint devices.
5.02 The vehicles must also comply with various safety standards, including the use of wheelchair restraints and an approved child restraint.

6. Taxi Operator

6.01 In adherence to our commitment towards providing safe and reliable transportation services, it is of utmost importance that every prospective taxi operator acquire the necessary knowledge and expertise to effectively operate a taxi service prior to joining the Oopal Cabs Taxi Network. Such training would ensure a comprehensive understanding of their obligations as a taxi operator, thereby enabling them to deliver high-quality services to our esteemed clientele.
6.02 The requirement for operators who decide to leave the Oopal Cabs taxi network is that they must provide written notice to Oopal Cabs at least 2 full months prior to their intended departure date. This notice requirement is in place to ensure that Oopal Cabs can make the necessary arrangements and maintain a high level of service for our customers. Failure to comply with this requirement may result in additional charges.

7. Others Terms

7.01 Failure to pay overdue amount owed to Oopal Cabs may result in legal action against the driver/operator, at their own expense.
7.02 By accessing and using the Oopal Cabs Taxi Network, you agree to comply with all applicable laws and regulations set by Point to Point Transport Commission as well as Network By-Laws, and acknowledge that failure to do so will result in immediate termination of your access to the network, as Oopal Cabs Taxi Network has a zero-tolerance policy for non-compliance.