BYDFARE PTY LTD
Driver Terms and Conditions
Version 1.0 | 2026 | Australia
Please read these terms carefully before registering as a driver on the Bydfare platform. By completing registration and activating your driver account, you agree to be bound by these terms and conditions in their entirety.
Part A — Definitions and Interpretation
1. Definitions
In these Terms, the following words have the meanings set out below:
| Term | Meaning |
|---|---|
| ACL | Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth). |
| App | The Bydfare mobile application available on iOS and Android platforms. |
| AUD | Australian Dollars, the lawful currency of Australia. |
| Booked Fare | The fare amount agreed between a Driver and Passenger following the completion of the bidding process on the App. |
| Commencement Date | The date on which the Driver's account is activated following successful completion of all registration requirements. |
| Driver | A natural person who has been approved by Bydfare to offer rideshare services through the App. |
| Driver App | The driver-facing interface of the Bydfare App. |
| Driver Dashboard | The driver-facing dashboard within the Driver App, showing trips, earnings and account information. |
| Driver Platform Fee | The monthly access fee payable by the Driver to Bydfare, as set out in Clause 7. |
| Founding Driver | A Driver who completes registration and account activation within three (3) calendar months of the platform's public launch date. |
| Gross Fare Volume | The total AUD value of all fares completed by a Driver in a given calendar month. |
| Major Breach | A breach of these Terms listed in Clause 19.2, including but not limited to criminal conduct, fraud, serious safety incidents, and licence revocation. |
| Minor Breach | A breach of these Terms listed in Clause 19.1 that does not constitute a Major Breach. |
| Passenger | A user of the Bydfare App who books rides using the passenger-facing interface. |
| Platform | The Bydfare App, backend systems, payment infrastructure and associated services operated by Bydfare. |
| Rideshare Accreditation | The state-specific commercial passenger vehicle driver authorisation required to operate as a rideshare driver in NSW, VIC or QLD. |
| Services | Rideshare transportation services provided by the Driver to Passengers via the Bydfare Platform. |
| Terms | These Driver Terms and Conditions, as amended from time to time in accordance with Clause 25. |
2. Interpretation
In these Terms, unless the context otherwise requires:
- Words in the singular include the plural and vice versa.
- References to legislation include all amendments and replacements.
- Headings are for convenience only and do not affect interpretation.
- 'Including' and similar expressions are not words of limitation.
- References to 'days' mean calendar days unless stated otherwise.
- References to 'writing' include email and in-app notifications.
Part B — Nature of the Relationship
3. Independent Contractor Status
The Driver is an independent contractor and not an employee, worker, agent, partner or joint venturer of Bydfare. Nothing in these Terms creates or implies an employment relationship, a labour hire arrangement, or any fiduciary obligation between Bydfare and the Driver.
Consequences of independent contractor status include:
- The Driver is solely responsible for payment of all income tax, GST (if registered), superannuation contributions and other statutory obligations arising from income earned through the Platform.
- Bydfare does not withhold PAYG tax from Driver payments.
- The Driver is not entitled to any employment benefits including annual leave, sick leave, redundancy pay, or workers' compensation through Bydfare.
- The Driver must obtain and maintain their own insurance as required by Clause 11.
4. Platform as Technology Intermediary
Bydfare operates a technology platform that connects Drivers with Passengers. Bydfare does not itself provide rideshare services and is not a party to any transport contract between the Driver and Passenger. The transport contract is formed directly between the Driver and the Passenger upon acceptance of a bid.
Bydfare's role is limited to: providing and maintaining the App; processing payments through Stripe; enforcing these Terms and the Passenger Terms of Service; and providing safety infrastructure including the SOS function and ride tracking.
Part C — Registration and Eligibility
5. Driver Eligibility Requirements
To register and remain active as a Driver, the Driver must at all times:
- Be at least 18 years of age.
- Hold a valid Australian driver's licence appropriate for the vehicle being driven.
- Hold a current and valid Rideshare Accreditation for each state in which the Driver operates:
- NSW: Point to Point Transport accreditation issued by Transport for NSW under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.
- VIC: Commercial passenger vehicle driver registration issued by Commercial Passenger Vehicles Victoria (CPVV).
- QLD: Booked Transport Driver Authorisation issued by the Department of Transport and Main Roads under the Transport Operations (Passenger Transport) Act 1994.
- Own or have lawful access to a vehicle that meets the vehicle standards set out in Clause 6.
- Hold a current comprehensive motor vehicle insurance policy that covers rideshare use.
- Pass Bydfare's background check, including criminal history verification and driving record check.
- Not be disqualified from holding a driver's licence in any Australian state or territory.
- Not be subject to any court order, prohibition or restriction that would prevent the Driver from providing the Services.
6. Vehicle Standards
The Driver's vehicle must at all times meet the following minimum standards:
| Requirement | Standard |
|---|---|
| Vehicle Age | No more than 10 years old from date of manufacture |
| Vehicle Type | Passenger car (4-door sedan or hatchback) or rideshare van/SUV (up to 7 seats) |
| Condition | Roadworthy, clean interior and exterior, no visible damage affecting passenger safety |
| Registration | Current and valid registration in the state of operation |
| Rideshare Authorisation | Vehicle must be registered or authorised for rideshare use per applicable state law |
| Child Restraints | Available upon passenger request where applicable law requires |
| Air Conditioning | Fully functioning air conditioning required |
| Accessibility | Seatbelts operational for all passenger seats |
Bydfare reserves the right to inspect vehicle photographs and documentation at any time and to require the Driver to submit updated photos upon request.
Part D — Platform Fee and Earnings
7. Driver Platform Fee
In consideration for access to the Bydfare Platform, the Driver agrees to pay Bydfare the monthly Driver Platform Fee as set out in this clause.
| Fee Tier | Amount & Conditions |
|---|---|
| Standard Platform Fee | $49.00 AUD per calendar month |
| Founding Driver Rate | $24.50 AUD per calendar month — permanently applicable to Drivers who complete registration within three (3) months of the platform's public launch date |
| Promotional Rates | Reduced rates may be offered by Bydfare from time to time at its discretion — communicated via the Driver Dashboard before the relevant month commences |
7.1 Fee Deduction Mechanism
The Driver Platform Fee is deducted automatically from the Driver's AUD earnings at the commencement of each calendar month, as follows:
- Deductions are applied incrementally to each completed trip's AUD payout until the full monthly fee amount has been collected.
- Example: A Driver on the standard rate ($49.00) completes their first trip earning $30.00 AUD — $30.00 is withheld as platform fee. The Driver completes their second trip earning $40.00 — $19.00 is withheld as the remaining fee balance, and $21.00 is released to the Driver. All subsequent trip earnings that month are paid to the Driver in full.
- If the Driver's total AUD earnings in a calendar month are less than the applicable fee, only the amount actually earned is deducted. No fee shortfall is carried forward to the following month.
- If the Driver earns $0.00 AUD in a calendar month, no platform fee is charged for that month.
7.2 Founding Driver Status
Founding Driver status is granted to Drivers who complete full registration and account activation within three (3) calendar months of the date of Bydfare's public platform launch in their city. Founding Driver status:
- Permanently locks the Driver's platform fee at $24.50 AUD per month, regardless of any future increases to the standard rate.
- Is tied to the individual Driver account and is non-transferable.
- Is displayed as a 'Founding Driver' badge on the Driver's profile visible to Passengers.
- Is forfeited if the Driver's account is terminated for a Major Breach. Bydfare may, at its discretion, restore Founding Driver status if the Driver is subsequently reinstated following a successful appeal.
Important: Bydfare reserves the right to increase the standard Driver Platform Fee with not less than 30 days' written notice. The Founding Driver rate is permanently locked and will never be increased for qualifying Drivers.
8. Earnings
For each completed trip, the Driver's earnings are as follows:
9. Payouts
9.1 Weekly Bank Transfer
Each week, Bydfare transfers the Driver's available earnings balance, less any Driver Platform Fee still owing for that month, in AUD to the Driver's nominated Australian bank account. The Driver is responsible for keeping their bank account details accurate and up to date.
9.2 Tax Obligations
The Driver is solely responsible for all tax on their earnings, as set out in Clause 3.
Part E — Driver Obligations
10. Service Standards
The Driver agrees to provide the Services in a professional, safe and courteous manner at all times, including:
- Arriving at the agreed pickup location within the estimated arrival time displayed in the App.
- Maintaining the vehicle in a clean, roadworthy and safe condition at all times.
- Treating all Passengers with courtesy and respect, free from any discrimination on any basis.
- Not using a mobile phone (other than hands-free) or any other device while driving.
- Not driving under the influence of alcohol, drugs or any substance that impairs driving ability.
- Not carrying more passengers than the vehicle's registered seating capacity.
- Not making any unauthorised stops or detours during a trip without Passenger consent.
- Ensuring all Passengers are properly seated and seatbelted before commencing each trip.
- Following the navigation route displayed in the Driver App or the Passenger's requested route.
- Not recording Passengers without their explicit consent.
- Keeping in-app chat communication professional and limited to trip-related matters.
11. Compliance Obligations
The Driver must at all times:
- Maintain a valid Rideshare Accreditation for each state in which they operate and provide updated documentation to Bydfare upon renewal.
- Maintain current and valid rideshare vehicle insurance and provide updated certificates of currency to Bydfare upon renewal.
- Comply with all applicable road traffic laws, vehicle standards and rideshare regulations in each state of operation.
- Comply with Bydfare's compliance obligations by completing KYC verification at registration and providing updated information upon request.
- Immediately notify Bydfare if the Driver's Rideshare Accreditation is suspended, revoked or not renewed.
- Immediately notify Bydfare of any criminal charge, conviction or finding of guilt, including traffic offences involving disqualification.
- Not engage in any conduct that could bring Bydfare into disrepute.
12. Safety Obligations
The Driver acknowledges that passenger safety is the platform's highest priority and agrees to:
- Familiarise themselves with and use the SOS emergency button in the Driver App in the event of an emergency or safety incident during a trip.
- Cooperate fully with any Bydfare safety investigation arising from a Passenger complaint, SOS activation or reported incident.
- Not pick up additional passengers outside the App during an active Bydfare trip.
- Immediately end any trip and contact emergency services (000) if a Passenger appears to be in medical distress or danger.
- Report any trip involving a safety incident to Bydfare via the in-app reporting function within 24 hours.
Part F — Bidding and Fare Negotiation
13. Bidding Process
The Bydfare fare negotiation process operates as follows:
- A Passenger submits a ride request with a proposed fare amount.
- The Driver may: (a) accept the Passenger's proposed fare; (b) submit a counter-bid at a different fare; or (c) decline the request.
- The Driver has 60 seconds to respond to a ride request before it expires.
- If the Passenger accepts the Driver's counter-bid, a binding transport contract is formed at the counter-bid amount.
- The Driver is obligated to complete the trip at the agreed Booked Fare and may not seek additional payment from the Passenger.
14. Fare Conduct
The Driver must not:
- Submit bids that bear no reasonable relationship to the distance, time or conditions of the proposed trip.
- Collude with other Drivers to inflate fares or suppress Passenger bids.
- Cancel a trip after acceptance except in circumstances of genuine safety concern or Passenger no-show (as defined in Clause 15.3).
- Accept a ride and then demand a higher fare from the Passenger in person.
Fare conduct that is flagged as an outlier by Bydfare's monitoring systems may result in a warning, temporary suspension or account review under the breach process in Clause 19.
15. Cancellations and No-Shows
15.1 Driver Cancellation
The Driver may cancel an accepted ride prior to Passenger pickup only in the following circumstances: genuine safety concern regarding the Passenger or route; vehicle breakdown; or medical emergency. Repeated or unexplained cancellations will be treated as a Minor Breach.
15.2 Cancellation Rate
A Driver cancellation rate exceeding 10% of accepted rides in any 30-day period will trigger an account review. A cancellation rate exceeding 20% will constitute a Minor Breach subject to the process in Clause 19.
15.3 Passenger No-Show
If a Passenger fails to appear at the agreed pickup location within 5 minutes of the Driver's arrival, the Driver may cancel the trip without penalty. The Driver should mark the trip as a 'No Show' in the App. A cancellation fee is charged to the Passenger and paid to the Driver in accordance with the Passenger Terms of Service.
Part G — Ratings and Reviews
16. Rating System
Following the completion of each trip, both the Driver and the Passenger rate each other on a scale of 1 to 5 stars. Ratings are aggregated and displayed publicly on the Driver's profile and to Passengers during the bidding process.
The Driver's rating is calculated as a rolling average of the Driver's most recent 500 trips (or all trips if fewer than 500 have been completed).
17. Rating Thresholds
The following rating thresholds apply:
| Average Rating | Consequence |
|---|---|
| 4.0 – 5.0 | Active — no action required |
| 3.5 – 3.9 | Advisory notice sent to Driver with guidance on improving service quality |
| 3.0 – 3.4 | Formal warning issued — improvement plan required within 14 days |
| Below 3.0 | Account suspended pending review — Driver may appeal per Clause 21 |
Rating thresholds are applied only after a Driver has completed a minimum of 50 trips. Drivers with fewer than 50 trips receive advisory guidance only.
18. Driver Rating of Passengers
The Driver must rate each Passenger following trip completion. Ratings are used by Bydfare to maintain platform safety and quality and may be used to restrict Passengers with sustained low ratings from accessing the platform.
The Driver may report a Passenger for inappropriate conduct using the in-app reporting function. Reports are reviewed by Bydfare's trust and safety team within 5 business days.
Part H — Breach, Deactivation and Termination
19. Tiered Breach Framework
19.1 Minor Breaches
The following are Minor Breaches of these Terms:
- Driver cancellation rate exceeding 10% in a 30-day period.
- Sustained Driver rating between 3.0 and 3.4 stars (after 50+ trips).
- Failure to maintain vehicle cleanliness standards following Passenger complaints.
- Unprofessional conduct in in-app chat.
- Failure to update expired documentation (licence, insurance) within 14 days of expiry.
- Minor violations of the Service Standards in Clause 10.
Process for Minor Breach:
- Bydfare issues a written warning via the Driver App and email, detailing the breach and required remediation.
- The Driver has 14 days to remediate the breach or respond in writing.
- If the breach is not remediated within 14 days, or if three Minor Breaches occur within any 6-month period, Bydfare may treat the matter as a Major Breach.
19.2 Major Breaches
The following are Major Breaches for which Bydfare may immediately suspend and/or permanently deactivate the Driver's account:
- Any criminal offence, charge or conviction (including traffic offences involving disqualification from driving).
- Fraud, misrepresentation or dishonesty in connection with the Platform or any Passenger.
- Physical or verbal assault, harassment or threatening behaviour toward any Passenger, Bydfare staff or third party.
- Any form of sexual misconduct toward a Passenger.
- Driving under the influence of alcohol or drugs.
- Operating without a valid Rideshare Accreditation.
- Providing false or fraudulent documentation to Bydfare.
- Sustained Driver rating below 3.0 stars (after 50+ trips) without improvement following formal warning.
- Driver cancellation rate exceeding 20% in any 30-day period without explanation.
- Tampering with or attempting to circumvent the App, payment systems or user accounts.
- Breach of any applicable privacy, compliance or data protection law.
- Any conduct that poses an imminent risk to Passenger safety.
Process for Major Breach:
- Bydfare may immediately suspend the Driver's account pending investigation.
- Bydfare will notify the Driver in writing within 24 hours of suspension, stating the reason for suspension.
- Bydfare will conduct an investigation and provide the Driver with an opportunity to respond within 5 business days.
- Following investigation, Bydfare will determine whether to reinstate the account, impose further conditions, or permanently deactivate.
- The Driver may appeal the decision under Clause 21.
20. Termination by Driver
The Driver may terminate their account and cease using the Platform at any time without notice by deactivating their account in the Driver App or by notifying Bydfare in writing.
Upon termination by the Driver:
- Any outstanding unpaid AUD earnings will be paid to the Driver within 14 business days of termination.
- Bydfare retains the right to collect any unpaid Driver Platform Fee from outstanding earnings prior to final payout.
- The Driver's profile, ratings and trip history data will be retained in accordance with Bydfare's Privacy Policy and applicable data retention obligations.
21. Appeals Process
A Driver who has been deactivated — whether following a Minor Breach process or a Major Breach — has the right to appeal the decision. The appeals process is as follows:
- The Driver must submit a written appeal to Bydfare's appeals team (appeals@bydfare.com) within 14 days of receiving the deactivation notice.
- The appeal must include: the Driver's grounds for appeal; any supporting evidence; and the Driver's proposed remedy.
- Bydfare will acknowledge receipt of the appeal within 2 business days.
- Bydfare's appeals panel (comprising at least two persons not involved in the original decision) will review the appeal and provide a written determination within 14 business days.
- The appeals panel may: uphold the deactivation; reinstate the account unconditionally; reinstate the account subject to conditions; or vary the original decision.
- The appeals panel's determination is final within the internal Bydfare process, subject to the Driver's right to pursue external dispute resolution under Clause 24.
During the appeals process, the Driver's account remains deactivated unless Bydfare determines in its discretion to reinstate access pending appeal outcome.
Part I — Liability and Indemnity
22. Limitation of Liability
To the maximum extent permitted by law (including the ACL), Bydfare's total liability to the Driver in connection with these Terms and the Platform, whether in contract, tort (including negligence), statute or otherwise, is limited to the total Driver Platform Fees paid by the Driver to Bydfare in the 3 months immediately preceding the event giving rise to the claim.
Bydfare is not liable for:
- Any loss of income, loss of profit, loss of opportunity or loss of earnings arising from unavailability of the Platform.
- Any loss arising from the Driver's failure to comply with their tax obligations.
- Any indirect, consequential, special or punitive loss or damage of any kind.
- Any loss caused by events outside Bydfare's reasonable control (force majeure), including but not limited to natural disasters, government actions, cyberattacks, or cloud network disruptions.
Nothing in these Terms excludes or limits liability that cannot be excluded by law, including rights under the ACL that cannot be contracted out of.
23. Driver Indemnity
The Driver indemnifies Bydfare and its officers, employees and agents against any loss, damage, liability, cost or expense (including legal fees on a full indemnity basis) arising from or in connection with:
- Any claim by a Passenger arising from the Driver's provision of, or failure to provide, the Services.
- Any breach by the Driver of these Terms.
- Any negligent or unlawful act or omission by the Driver in connection with the Services.
- The Driver's failure to hold or maintain required Rideshare Accreditation or insurance.
- Any claim by a third party arising from an accident or incident involving the Driver's vehicle during a trip.
Part J — Dispute Resolution
24. Dispute Resolution Process
The parties agree to attempt to resolve any dispute arising from or in connection with these Terms through the following sequential process before commencing court proceedings:
24.1 Step 1 — Internal Resolution
The Driver must first raise any dispute with Bydfare in writing via the in-app support function or by emailing support@bydfare.com. Bydfare will respond within 5 business days and the parties will attempt to resolve the dispute within 21 days of the dispute being raised.
24.2 Step 2 — Mediation
If the dispute is not resolved through internal resolution within 21 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) or a mutually agreed mediator. The costs of mediation are shared equally between the parties unless the mediator orders otherwise. The parties must participate in mediation in good faith.
24.3 Step 3 — Arbitration
If mediation does not resolve the dispute within 30 days of the appointment of a mediator, either party may refer the dispute to binding arbitration administered by the Resolution Institute under its Arbitration Rules. The arbitration shall be conducted in English in Sydney, New South Wales. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
24.4 Step 4 — Courts
Either party may commence court proceedings only after completing Steps 1 through 3, except where urgency or injunctive relief is required to prevent irreparable harm.
These Terms are governed by the laws of the Commonwealth of Australia and, where Commonwealth law does not apply, the laws of the state in which the Driver primarily operates. The parties submit to the non-exclusive jurisdiction of the courts of the relevant state and the Federal Court of Australia.
Part K — General Provisions
25. Amendments to These Terms
Bydfare may amend these Terms at any time. Where an amendment materially affects the Driver's rights or obligations, Bydfare will provide not less than 30 days' written notice via the Driver App and email before the amendment takes effect.
If the Driver does not agree to the amended Terms, the Driver may terminate their account prior to the effective date of the amendment by notifying Bydfare in writing. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms.
Notwithstanding the above, Bydfare may make amendments with immediate effect where required by law or to address a material safety risk.
26. Privacy
Bydfare collects, uses and discloses the Driver's personal information in accordance with its Privacy Policy (available on the Bydfare website and in the App) and the Privacy Act 1988 (Cth). By registering as a Driver, the Driver consents to the collection and use of their personal information as described in the Privacy Policy, including for the purpose of identity verification, background checks, payment processing and regulatory compliance.
27. Entire Agreement
These Terms, together with Bydfare's Privacy Policy, constitute the entire agreement between the Driver and Bydfare with respect to the Driver's use of the Platform and supersede all prior agreements, representations and understandings.
28. Severability
If any provision of these Terms is found to be invalid, void or unenforceable, that provision is severed from the Terms and the remaining provisions continue in full force and effect.
29. Waiver
A failure or delay by Bydfare to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. No waiver is effective unless it is in writing and signed by Bydfare.
30. Assignment
The Driver may not assign or transfer any rights or obligations under these Terms without Bydfare's prior written consent. Bydfare may assign these Terms to any successor entity or in connection with a merger, acquisition or sale of all or substantially all of its assets, provided that such assignment does not materially diminish the Driver's rights.
Acknowledgement and Agreement
By completing the Bydfare driver registration process and activating your driver account, you confirm that:
- You have read, understood and agree to be bound by these Driver Terms and Conditions.
- You are at least 18 years of age and legally competent to enter into a binding agreement.
- All information provided during registration is true, complete and accurate.
- You hold, and will maintain, all required licences, accreditations and insurance.
- You understand and accept the independent contractor nature of your relationship with Bydfare.
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