BAJ DRIVER PLATFORM AGREEMENT

SECTION 1 – INTRODUCTION, ACCEPTANCE OF TERMS AND DEFINITIONS

 

1. INTRODUCTION

1.1 About this Agreement

This Driver Platform Agreement (“Agreement”) is a legally binding agreement between BAJ Technologies, trading as BAJ (“BAJ”, “we”, “our”, or “us”) and every individual, sole trader, company, partnership, trust, fleet operator, driver operator or other entity that registers, accesses or uses the BAJ Platform as a Driver.

This Agreement governs every aspect of a Driver’s relationship with BAJ and sets out the rights, responsibilities, obligations, standards, policies and conditions that apply when using the BAJ Platform.

This Agreement applies regardless of whether a Driver:

• registers through the BAJ mobile application;
• registers through the BAJ website;
• is invited by another Driver;
• joins through a Driver Operator;
• joins through a Fleet Operator;
• provides services occasionally;
• provides services full-time;
• provides services as an individual;
• provides services through a business entity;
• provides one transport service only; or
• provides multiple transport services through the BAJ Platform.

By accessing or using the BAJ Platform, the Driver acknowledges that they have read, understood and agreed to comply with this Agreement.

 

1.2 Purpose of this Agreement

The purpose of this Agreement is to establish clear legal and operational rules governing the Driver’s use of the BAJ Platform.

This Agreement is intended to:

• promote passenger safety;
• promote driver safety;
• establish professional operating standards;
• define the relationship between BAJ and Drivers;
• describe how bookings are facilitated;
• explain payment processes;
• explain Driver obligations;
• protect the interests of passengers;
• protect the interests of Drivers;
• protect the BAJ Platform;
• ensure compliance with applicable New Zealand laws;
• establish procedures for investigations, complaints, suspensions and account termination.

Nothing in this Agreement guarantees a Driver any minimum income, minimum number of bookings or continuous access to booking opportunities.

 

1.3 About BAJ

BAJ is a technology platform developed and operated by BAJ Technologies.

The BAJ Platform enables passengers and independent Drivers to connect electronically for the purpose of arranging transport and related travel services.

BAJ provides technology, software, communication tools, payment facilitation, booking management, mapping integration, account management and customer support.

Except where expressly stated otherwise, BAJ does not itself provide passenger transport services.

Passenger transport services are provided by independent Drivers who choose to accept bookings through the Platform.

 

1.4 BAJ Services

The BAJ Platform may facilitate one or more of the following services, depending on location, regulatory approval, Driver eligibility and Platform availability.

These services may include:

• Ride Bidding
• Taxi Services
• Immediate Bookings
• Scheduled Bookings
• Airport Transfers
• Point-to-Point Transport
• Long Distance Transport
• Outstation Travel
• Tourism Transport
• Day Tours
• Multi-Day Tours
• Hourly Hire
• Charter Services
• Corporate Transport
• Event Transport
• Fleet Management Services
• Driver Operator Services
• Future transport-related services introduced by BAJ.

BAJ may introduce additional services from time to time.

Drivers are only authorised to provide those services for which they have been approved by BAJ.

 

1.5 Scope of this Agreement

This Agreement applies to every interaction between a Driver and BAJ relating to:

• registration;
• account verification;
• account maintenance;
• bookings;
• ride bidding;
• cancellations;
• payments;
• commissions;
• Driver ratings;
• passenger ratings;
• customer support;
• complaints;
• investigations;
• Driver Operator activities;
• Fleet Operator activities;
• platform communications;
• incentives;
• promotions;
• Platform access;
• mobile applications;
• website services;
• software updates;
• digital wallets;
• electronic payments;
• tourism bookings;
• airport bookings;
• long-distance bookings;
• future services offered through BAJ.

 

1.6 Persons Bound by this Agreement

This Agreement applies to every person or organisation that accesses or uses the BAJ Platform as a Driver, including:

• Individual Drivers.
• Sole Traders.
• Taxi Drivers.
• Ride Bid Drivers.
• Tourism Drivers.
• Driver Operators.
• Fleet Operators.
• Companies operating vehicles.
• Trusts operating transport businesses.
• Partnerships.
• Any authorised representative acting on behalf of a Driver.

Where a Driver operates through a company or other legal entity, both the legal entity and the individual Driver may be jointly responsible for compliance with this Agreement to the extent permitted by applicable law.

 

1.7 Independent Contractor Relationship

The Driver acknowledges and agrees that:

BAJ operates a digital technology platform that facilitates bookings between passengers and independent transport providers.

The Driver independently decides:

• whether to register;
• when to log in;
• when to log out;
• which bookings to accept;
• which services to provide;
• where to operate;
• whether to continue operating.

Nothing contained in this Agreement creates:

• an employment relationship;
• a partnership;
• a joint venture;
• an agency relationship;
• a franchise;
• an employer-employee relationship;
• a fiduciary relationship,

between BAJ and the Driver.

The Driver remains solely responsible for operating their transport business and complying with all applicable legal, taxation and regulatory obligations.

 

1.8 Electronic Acceptance

The Driver accepts this Agreement by:

• selecting “I Agree”;
• clicking “Accept”;
• creating a Driver account;
• completing Driver registration;
• accessing the Driver Platform;
• logging into the Driver App;
• accepting a booking through the Platform; or
• otherwise using any Driver services provided by BAJ.

Electronic acceptance has the same legal effect as signing this Agreement by hand.

The Driver confirms that they have had a reasonable opportunity to read this Agreement before accepting it.

 

1.9 Capacity to Enter this Agreement

The Driver represents and warrants that they:

• have full legal capacity to enter into this Agreement;
• are legally entitled to operate transport services in New Zealand where required;
• possess all licences, endorsements and approvals necessary for the services they provide;
• have authority to bind any company or organisation they represent;
• have provided accurate information to BAJ;
• will promptly notify BAJ of any material changes affecting their eligibility.

Providing false, misleading or incomplete information may result in refusal of registration, suspension or termination of Platform access.

 

1.10 Entire Agreement

This Agreement forms the complete agreement between BAJ and the Driver regarding use of the BAJ Platform.

It replaces all previous understandings, negotiations, discussions or representations relating to the same subject matter, except where another written agreement expressly states that it continues to apply.

If the Driver has entered into additional written agreements with BAJ, those agreements apply only to the specific matters they address. Where there is a direct conflict, the agreement expressly identified as prevailing will take precedence for that specific subject.

 

1.11 Amendments

BAJ may amend this Agreement from time to time to reflect changes in:

• legislation;
• regulatory requirements;
• technology;
• platform functionality;
• safety standards;
• operational practices;
• payment systems;
• business services; or
• other legitimate business needs.

Where reasonably practicable, BAJ will provide advance notice of material changes through the Driver App, website, email or other electronic communication.

Continued use of the BAJ Platform after the effective date of an updated Agreement constitutes acceptance of the revised terms.

If a Driver does not agree to a material amendment, they must stop using the BAJ Platform before the amendment takes effect.

 

1.12 Definitions

Unless the context requires otherwise, the following words and expressions have the meanings set out below. These definitions apply throughout this Agreement, all related BAJ policies, and any future documents that expressly incorporate this Agreement.

 

“Account”

Means a Driver account created on the BAJ Platform that enables a Driver to access the BAJ Driver App, receive bookings, communicate with passengers, manage earnings, and use other Driver services.

 

“Agreement”

Means this BAJ Driver Platform Agreement, together with all schedules, policies, standards, manuals, guidelines, notices and any amendments issued by BAJ from time to time.

 

“Applicable Law”

Means every applicable law, regulation, statute, code, bylaw, rule, licence condition, industry standard, regulatory requirement, court order or government direction that applies to the Driver, BAJ or the services provided through the BAJ Platform in New Zealand.

 

“App”

Means the BAJ Driver mobile application, BAJ Passenger application, website portals and any other software, technology or digital interface operated by BAJ.

 

“Approved Driver”

Means a Driver who has successfully completed BAJ’s registration, identity verification, document verification and any other onboarding requirements and whose account has been activated by BAJ.

 

“BAJ”

Means BAJ Technologies, trading as BAJ, including its successors, permitted assigns, subsidiaries, related companies, authorised representatives and employees.

 

“BAJ Community Standards”

Means the behavioural, ethical, safety and professional standards published by BAJ from time to time which all Drivers are required to follow.

 

“BAJ Driver App”

Means the mobile application provided by BAJ specifically for Drivers to manage availability, accept bookings, submit bids, communicate with passengers, navigate trips, manage earnings and perform other Driver functions.

 

“BAJ Platform”

Means the complete technology ecosystem operated by BAJ including:

• Driver applications;
• Passenger applications;
• Websites;
• Booking systems;
• Ride bidding systems;
• Payment systems;
• Driver portals;
• Fleet portals;
• Driver Operator portals;
• APIs;
• software;
• databases;
• communication systems;
• support systems; and
• any future technology developed or operated by BAJ.

 

“Booking”

Means any request submitted by a Passenger through the BAJ Platform seeking transport or related travel services.

 

“Business Day”

Means any day other than a Saturday, Sunday or public holiday observed in New Zealand.

 

“Cancellation”

Means the withdrawal, cancellation or termination of a Booking by either the Passenger, Driver, Driver Operator or BAJ before completion of the requested service.

 

“Cancellation Fee”

Means any fee that may become payable under BAJ’s Cancellation Policy following a cancellation.

 

“Charge”

Means the total amount payable by a Passenger for a completed or partially completed service, including fares, waiting time, tolls, surcharges, airport fees, booking fees, service charges and any other applicable amounts.

 

“Commission”

Means the amount retained or payable under the BAJ Platform for facilitating bookings or services, including any commission earned by a Driver Operator where applicable.

 

“Confidential Information”

Means any non-public information relating to BAJ, its technology, software, pricing, business operations, passengers, Drivers, partners, suppliers or commercial activities.

 

“Customer”

Means any individual or organisation that uses the BAJ Platform to request, arrange or pay for transport or related services.

 

“Day Tour”

Means a tourism booking that begins and ends on the same calendar day.

 

“Digital Wallet”

Means the electronic wallet maintained within the BAJ Platform through which Driver earnings, adjustments, incentives, commissions and other payments may be processed.

 

“Dispute”

Means any disagreement, complaint, claim or conflict arising between BAJ, a Driver, Passenger, Driver Operator, Fleet Operator or any other user of the BAJ Platform.

 

“Driver”

Means any individual approved by BAJ to provide transportation or related services through the BAJ Platform, whether operating independently or on behalf of another entity.

 

“Driver Account”

Means the Driver’s registered account on the BAJ Platform.

 

“Driver Operator”

Means a Driver approved by BAJ to receive bookings and redistribute or assign eligible bookings to other approved Drivers within the BAJ Platform in accordance with BAJ’s Driver Operator Network rules.

 

“Driver Operator Network”

Means BAJ’s proprietary system allowing approved Driver Operators to coordinate, assign or manage bookings within the BAJ Platform in accordance with BAJ policies.

 

“Driver Rating”

Means the performance rating assigned to a Driver by Passengers or generated through BAJ’s quality monitoring systems.

 

“Electronic Communication”

Means communication delivered through email, SMS, push notification, in-app notification, website notification or any other digital communication method approved by BAJ.

 

“Emergency”

Means any event involving an immediate or potential risk to life, personal safety, health, property or public security.

 

“Fleet”

Means two or more vehicles operated under common ownership, management or control.

 

“Fleet Operator”

Means an individual or business approved by BAJ to manage one or more Drivers or vehicles operating through the BAJ Platform.

 

“Force Majeure Event”

Means an event beyond the reasonable control of the affected party, including natural disasters, severe weather, earthquakes, floods, pandemics, epidemics, acts of terrorism, civil unrest, strikes, war, government restrictions, widespread technology failures or utility outages.

 

“GST”

Means Goods and Services Tax imposed under New Zealand law, together with any replacement tax of a similar nature.

 

“Identity Verification”

Means BAJ’s process for confirming the identity of a Driver using documents, biometric verification, photographs, facial recognition, video verification or other approved verification methods.

 

“Independent Contractor”

Means a Driver who provides services independently and is not employed by BAJ.

 

“Long Distance Trip”

Means any journey designated by BAJ as a long-distance transport service.

 

“Lost Property”

Means any personal belongings left behind by a Passenger or other person in a Driver’s vehicle during or after a Booking.

 

“Multi-Day Tour”

Means a tourism service extending over more than one calendar day.

 

“Passenger”

Means any person who requests, books, pays for or receives transport or related services through the BAJ Platform.

 

“Passenger Rating”

Means a rating submitted by Drivers regarding a Passenger’s conduct or experience during a Booking.

 

“Platform Fee”

Means any fee charged by BAJ for access to or use of the BAJ Platform or its services.

 

“Privacy Policy”

Means BAJ’s Privacy Policy, as amended from time to time, governing the collection, use, storage and disclosure of personal information.

 

“Ride Bid”

Means a fare offer submitted by a Driver in response to a Passenger’s request under BAJ’s Ride Bidding service.

 

“Ride Bidding”

Means BAJ’s marketplace feature allowing Drivers to submit fare offers for Passenger review and selection.

 

“Scheduled Booking”

Means a Booking arranged in advance for a future date or time.

 

“Service Fee”

Means the amount retained by BAJ from a Booking in exchange for providing the BAJ Platform and related services.

 

“Tourism Services”

Means sightseeing, guided transport, customised tours, day trips, multi-day tours and other tourism-related services facilitated through the BAJ Platform.

 

“Trip”

Means the period beginning when a Driver accepts a Booking and ending when the relevant transport or tourism service has been completed or otherwise concluded.

 

“Vehicle”

Means any motor vehicle approved by BAJ for use on the Platform and meeting all applicable legal, regulatory and BAJ requirements.

 

“Website”

Means every website, web portal or online platform operated by BAJ.

 

1.13 Interpretation

Unless the context indicates otherwise:

1. Words importing the singular include the plural and vice versa.
2. Headings are for convenience only and do not affect interpretation.
3. References to legislation include amendments, replacements and subordinate legislation.
4. References to “including” or “includes” mean “including without limitation.”
5. A reference to a person includes an individual, company, partnership, trust, incorporated society, government authority and any other legal entity.
6. References to BAJ include its successors and permitted assigns where applicable.
7. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions continue in full force and effect unless the invalid provision is fundamental to the operation of the Agreement.
8. In the event of any inconsistency between this Agreement and any incorporated BAJ policy, this Agreement prevails unless the relevant policy expressly states that it overrides a specific provision of this Agreement.

 

 

SECTION 2 – DRIVER ELIGIBILITY, REGISTRATION AND ACCOUNT APPROVAL

2.1 Purpose of this Section

This Section establishes the eligibility requirements, registration procedures, approval process and continuing obligations that apply to every person seeking to register as a Driver on the BAJ Platform. BAJ is committed to operating a safe, reliable and professional technology platform that connects passengers with independent transport service providers throughout New Zealand. The integrity of the Platform depends upon ensuring that every Driver meets appropriate legal, operational and professional standards before being granted access to the Platform and continues to meet those standards throughout the duration of their relationship with BAJ.

The registration process is designed not only to verify a Driver’s identity and legal entitlement to provide transport services, but also to protect passengers, other Drivers, Driver Operators, Fleet Operators, business partners and the reputation of BAJ. Every applicant acknowledges that access to the BAJ Platform is conditional upon ongoing compliance with this Agreement and that continued approval is dependent upon maintaining the standards required by BAJ from time to time.

Nothing contained in this Agreement shall be interpreted as creating an automatic right to become a Driver merely because an application has been submitted or because supporting documentation has been provided. Approval to access the BAJ Platform is granted solely at the discretion of BAJ after consideration of all relevant legal, operational, safety and commercial factors.

 

2.2 Eligibility to Apply

Any individual seeking to register as a Driver must possess the legal capacity to enter into a binding contract under the laws of New Zealand and must be legally entitled to perform the transport services for which approval is sought. The applicant must satisfy all statutory requirements applicable to the category of transport services they intend to provide, including the possession of all licences, endorsements, permits, certificates and regulatory approvals required by law.

Where an applicant intends to operate through a company, partnership, trust or other legal entity, both the legal entity and the individual who will perform the transport services may be required to satisfy BAJ’s registration requirements. The individual who physically performs transport services remains personally responsible for complying with this Agreement, irrespective of the legal structure through which they operate.

Applicants who are not legally entitled to work in New Zealand, who are subject to legal restrictions preventing them from providing commercial passenger transport services, or who fail to satisfy the eligibility requirements established by BAJ shall not be entitled to register or continue operating on the BAJ Platform.

 

2.3 Registration Process

Every applicant must complete the registration process prescribed by BAJ before being permitted to access the Driver Platform. The registration process is intended to enable BAJ to verify the applicant’s identity, assess their eligibility, satisfy applicable legal and regulatory obligations, establish the categories of services the applicant may provide and determine whether the applicant satisfies BAJ’s operational standards.

The applicant agrees to provide all information reasonably requested by BAJ during the registration process and acknowledges that BAJ may require additional information at any time where it considers such information necessary for verification, compliance or operational purposes. Registration may occur through the BAJ website, the BAJ Driver Application or any other registration channel approved by BAJ from time to time.

Submission of a registration application does not constitute acceptance by BAJ, nor does it create any contractual right to receive bookings or access the Platform. A contractual relationship between BAJ and the Driver is established only after BAJ has approved the application and activated the Driver Account.

 

2.4 Information Provided by the Applicant

The applicant warrants that every statement, declaration, document and item of information provided to BAJ during registration is true, accurate, complete and not misleading. This warranty applies not only at the time the information is first submitted but continues throughout the duration of the Driver’s relationship with BAJ.

The applicant acknowledges that BAJ relies upon the information provided when determining eligibility for registration and continuing access to the Platform. Any omission, inaccuracy or misrepresentation may materially affect BAJ’s ability to assess risk, comply with regulatory obligations and protect passengers using the Platform.

Where any information previously supplied becomes inaccurate, incomplete or outdated, the Driver must notify BAJ without unreasonable delay and provide updated information together with any supporting documentation requested by BAJ. The Driver must not continue providing services through the BAJ Platform where they know, or reasonably ought to know, that information held by BAJ is materially incorrect.

BAJ reserves the right to suspend or terminate a Driver Account where false, misleading or fraudulent information has been supplied, whether intentionally or unintentionally, if such information materially affects the Driver’s eligibility or BAJ’s ability to administer the Platform.

 

2.5 Identity Verification

As part of the registration process, BAJ may require every applicant to successfully complete one or more identity verification procedures designed to confirm that the person applying for registration is the individual who will personally provide transport services through the Platform. Identity verification is an essential component of BAJ’s safety framework and assists in preventing fraud, identity theft, account sharing and other forms of misuse of the Platform.

The applicant authorises BAJ to verify their identity using any lawful method considered appropriate by BAJ. Such methods may include examination of government-issued identification documents, driver licence verification, passport verification, facial comparison technology, live photographic verification, biometric verification, video verification, electronic database searches or any other verification process that BAJ reasonably considers necessary.

The applicant acknowledges that identity verification may be repeated periodically throughout the duration of the Driver’s relationship with BAJ. BAJ may require additional identity verification following changes to account information, unusual account activity, security incidents, complaints, suspected fraud, prolonged inactivity or whenever BAJ reasonably considers that additional verification is necessary to protect passengers, Drivers or the integrity of the Platform.

Failure or refusal to complete identity verification, or any inability to satisfactorily establish the applicant’s identity, may result in the application being declined or, where the Driver has already been approved, the temporary suspension or permanent termination of the Driver Account.

 

2.6 Driver Eligibility Assessment

Following completion of the registration process, BAJ will assess the application having regard to all information available to it. In determining whether an applicant is suitable to operate on the BAJ Platform, BAJ may consider the applicant’s legal eligibility, regulatory compliance, driving history, professional conduct, safety record, previous experience, customer service history, integrity, honesty and any other matter that BAJ reasonably considers relevant to the safe and efficient operation of the Platform.

The applicant acknowledges that BAJ is under no obligation to approve every application and may refuse registration where BAJ reasonably considers that approval would expose passengers, other Drivers, BAJ or the public to an unacceptable level of legal, operational, financial or reputational risk.

The assessment process may include consultation with regulatory authorities, verification service providers or other organisations where permitted by applicable law and where reasonably necessary to confirm information supplied by the applicant.

2.7 Driver Licence Requirements

Every applicant must hold a current, valid and legally recognised driver licence that authorises the applicant to operate the class of vehicle intended to be used on the BAJ Platform. The Driver shall ensure that their licence remains valid at all times during the term of this Agreement and shall immediately cease providing services through the Platform if their driving privileges are suspended, cancelled, revoked, expired or otherwise restricted by any competent authority.

Where New Zealand law requires a Passenger (P) Endorsement, Transport Service Licence, Driver Identification Card or any other statutory authorisation to provide commercial passenger transport services, the Driver warrants that such authorisation has been lawfully obtained before accepting or performing any Booking through the BAJ Platform. The Driver further acknowledges that compliance with regulatory licensing requirements is a continuing obligation and not merely a condition of initial registration.

The Driver must immediately notify BAJ of any circumstance that affects the validity of their driver licence or any regulatory approval required to operate on the Platform. Such circumstances include, but are not limited to, licence suspension, licence disqualification, cancellation of endorsements, restrictions imposed by regulatory authorities, medical driving restrictions or any pending legal proceedings that may reasonably affect the Driver’s eligibility to provide transport services. BAJ may immediately suspend the Driver’s access to the Platform while such matters are investigated or until satisfactory evidence of continued eligibility has been provided.

Nothing in this Agreement shall require BAJ to independently monitor the status of a Driver’s licence or regulatory approvals. The primary responsibility for maintaining legal eligibility rests solely with the Driver.

 

2.8 Criminal History, Safety and Suitability Assessment

Passenger safety is fundamental to the operation of the BAJ Platform. Accordingly, every applicant acknowledges that BAJ may require criminal history checks, police vetting, background screening or other suitability assessments permitted under applicable law before approving an application or at any time during the Driver’s continued use of the Platform.

The Driver authorises BAJ, to the extent permitted by law, to obtain or verify information relating to criminal convictions, transport-related offences, serious traffic infringements, regulatory enforcement action or any other matter that BAJ reasonably considers relevant to passenger safety, public confidence or the integrity of the Platform.

BAJ recognises that not every criminal conviction automatically renders an individual unsuitable to operate on the Platform. Each application may be assessed individually having regard to the nature of the offence, its seriousness, the period that has elapsed since the offence occurred, evidence of rehabilitation, applicable legal restrictions and any other relevant circumstances. However, BAJ reserves the absolute discretion to refuse or revoke approval where it reasonably considers that continued participation by the Driver may create an unacceptable safety, legal or reputational risk.

The Driver further agrees to notify BAJ promptly if they are charged with, convicted of or become the subject of any criminal investigation or regulatory proceeding that may reasonably affect their suitability to continue providing transport services. Failure to disclose such information may constitute a material breach of this Agreement.

 

2.9 Medical Fitness and Ability to Provide Services

The Driver warrants that they are physically, mentally and medically fit to safely perform the transport services offered through the BAJ Platform. The Driver acknowledges that passengers place trust in the Driver’s ability to operate a vehicle safely and professionally and that this responsibility requires the Driver to exercise sound judgment regarding their fitness to drive at all times.

The Driver must not accept or perform any Booking while affected by illness, injury, fatigue, medication, alcohol, controlled substances or any other condition that may impair their ability to safely operate a vehicle or provide services to passengers. The Driver further acknowledges that legal compliance alone may not be sufficient where, in the reasonable opinion of BAJ, the Driver’s physical or mental condition presents an unacceptable safety risk.

Where BAJ reasonably believes that a Driver’s medical condition may affect passenger safety or compliance with applicable transport legislation, BAJ may require the Driver to provide evidence of medical fitness from a suitably qualified medical practitioner before restoring or continuing access to the Platform. Such a request shall be made only where reasonably necessary to protect passengers, Drivers or the public.

The Driver remains solely responsible for monitoring their own medical fitness and acknowledges that BAJ cannot continuously assess the Driver’s physical or mental condition between Bookings.

 

2.10 Professional Conduct and Competency

BAJ seeks to establish and maintain a professional transport marketplace that promotes safety, courtesy, reliability and customer confidence. Every Driver is therefore expected to conduct themselves in a manner consistent with generally accepted standards of professionalism throughout every interaction with passengers, Driver Operators, Fleet Operators, regulatory authorities, BAJ personnel and members of the public.

The Driver warrants that they possess the practical knowledge, communication skills and driving competency reasonably necessary to provide transport services safely and efficiently. Where BAJ introduces training programmes, operational guidelines, safety procedures or service standards, the Driver agrees to familiarise themselves with those requirements and to comply with them while using the Platform.

The Driver acknowledges that professional conduct extends beyond the period during which a passenger is physically inside the vehicle and includes all interactions occurring before, during and after a Booking, including communications conducted through the BAJ Platform.

Repeated complaints relating to discourteous behaviour, unsafe driving, poor customer service, discrimination, harassment or any conduct inconsistent with BAJ’s standards may result in remedial training, temporary suspension or termination of the Driver Account depending upon the seriousness of the conduct and the surrounding circumstances.

 

2.11 Vehicle Ownership and Authority to Operate

Before providing any transport services through the BAJ Platform, the Driver must demonstrate that they have lawful authority to use every vehicle registered on their Driver Account. Such authority may arise through ownership, lease, finance arrangements, employment, fleet management agreements or any other lawful arrangement recognised by BAJ.

Where the Driver is not the registered owner of the vehicle, BAJ may require documentary evidence establishing the Driver’s legal authority to operate the vehicle for commercial passenger transport purposes. The Driver warrants that the use of every registered vehicle complies with all contractual obligations owed to vehicle owners, finance companies, leasing organisations, insurers and regulatory authorities.

Nothing in this Agreement shall require BAJ to determine ownership disputes concerning any vehicle registered on the Platform. The Driver accepts full responsibility for ensuring that every vehicle used to provide services through BAJ is lawfully available for such use and that no third-party rights are infringed by its operation.

Where BAJ becomes aware of any dispute concerning ownership, possession or lawful use of a registered vehicle, BAJ may suspend the vehicle or Driver Account until the dispute has been satisfactorily resolved.

 

2.12 Document Verification and Continuing Compliance

The Driver acknowledges that the registration process does not end upon approval of the initial application. Throughout the duration of this Agreement, BAJ may require updated documentation to verify that the Driver continues to satisfy legal, regulatory and operational requirements.

Such documentation may include updated driver licences, passenger endorsements, vehicle registration certificates, certificates of fitness, warrants of fitness, insurance certificates, identity documents, right-to-work documentation, medical certificates or any other document reasonably required to demonstrate continuing eligibility.

Where a required document expires or becomes invalid, the Driver must ensure that an updated version is provided to BAJ before the expiry date or within such reasonable period as BAJ may specify. BAJ may temporarily suspend access to the Platform until satisfactory replacement documentation has been received and verified.

The Driver acknowledges that document verification may be undertaken manually, electronically or through approved third-party verification providers and consents to BAJ using such methods where reasonably necessary to administer the Platform efficiently and maintain compliance with applicable law.

2.13 Continuing Duty to Maintain Eligibility

The Driver acknowledges that approval to access and use the BAJ Platform is conditional upon the Driver continuing to satisfy all eligibility requirements throughout the duration of this Agreement. Approval is not permanent and does not create any ongoing entitlement to access the Platform. The Driver must continuously maintain all licences, permits, endorsements, insurance policies, vehicle approvals, regulatory authorisations and other qualifications required by law or reasonably required by BAJ for the provision of transport services.

The Driver further acknowledges that eligibility is an ongoing obligation rather than a one-time assessment completed during registration. BAJ reserves the right to reassess the Driver’s eligibility at any time where it reasonably considers such reassessment necessary to protect passengers, ensure regulatory compliance, safeguard the integrity of the Platform or respond to changes in applicable legislation, industry standards or operational requirements.

Should the Driver cease to satisfy any eligibility requirement, whether temporarily or permanently, the Driver must immediately discontinue accepting Bookings and notify BAJ without delay. Continued operation while knowingly ineligible constitutes a material breach of this Agreement and may result in immediate suspension or termination of the Driver Account without prior notice.

 

2.14 Obligation to Notify BAJ of Changes

The Driver shall promptly notify BAJ of any circumstance that materially affects, or may reasonably be expected to affect, the information previously provided during registration or the Driver’s continuing eligibility to provide services through the Platform.

Without limiting the general nature of this obligation, the Driver must notify BAJ as soon as reasonably practicable if there is any change to the Driver’s legal name, residential address, telephone number, email address, banking information, immigration status, right to work, driver licence, passenger endorsement, vehicle ownership, insurance arrangements, medical fitness, criminal proceedings, regulatory investigations or any other matter that may affect the Driver’s ability to comply with this Agreement or applicable law.

BAJ relies upon accurate and current information in order to administer the Platform effectively, communicate with Drivers, comply with legal obligations and protect passengers. Failure to promptly notify BAJ of material changes may prevent BAJ from properly assessing operational or regulatory risks and may therefore constitute grounds for suspension pending verification.

 

2.15 Accuracy of Ongoing Declarations

The Driver acknowledges that every declaration, representation and warranty made to BAJ continues throughout the term of this Agreement and is deemed to be repeated each time the Driver accesses the Platform, accepts a Booking or provides transport services through BAJ.

Where BAJ requests confirmation of previously supplied information, the Driver must respond honestly, completely and within the timeframe specified by BAJ. The Driver must not knowingly conceal information or provide incomplete responses where the omitted information may reasonably influence BAJ’s assessment of eligibility or compliance.

The Driver further acknowledges that BAJ may rely upon electronic declarations, digital acknowledgements, uploaded documentation and electronic communications as evidence of the Driver’s continuing representations under this Agreement.

 

2.16 BAJ’s Right to Request Further Information

BAJ may, at any time during the Driver’s relationship with the Platform, request additional information or supporting documentation where BAJ reasonably considers such information necessary to verify eligibility, investigate complaints, comply with legal obligations, assess operational risks or maintain the safety and integrity of the Platform.

The Driver agrees to cooperate fully with any reasonable request made by BAJ and to provide the requested information within the period specified. Where additional time is reasonably required due to circumstances beyond the Driver’s control, the Driver must notify BAJ before the expiry of the requested timeframe and explain the reasons for the delay.

If the Driver fails to provide the requested information within the required timeframe, BAJ may temporarily suspend access to the Platform until the requested information has been received and satisfactorily verified. Nothing in this clause limits BAJ’s right to terminate this Agreement where the Driver’s failure to cooperate constitutes a material breach.

 

2.17 Conditional Approval

Where BAJ considers it appropriate, BAJ may approve a Driver subject to specific conditions designed to address identified operational, regulatory or safety considerations. Conditional approval allows BAJ to facilitate participation on the Platform while ensuring appropriate safeguards remain in place.

Conditions may relate to completion of additional training, submission of outstanding documentation, periodic compliance reviews, limitations on service categories, temporary operational restrictions, enhanced monitoring, probationary periods or any other reasonable condition that BAJ considers necessary in the circumstances.

A Driver who receives conditional approval agrees to comply fully with every condition imposed by BAJ. Failure to satisfy any condition within the required timeframe may result in suspension or withdrawal of approval without affecting any other rights available to BAJ under this Agreement.

The removal, amendment or continuation of any condition remains entirely at BAJ’s discretion following consideration of the Driver’s compliance history and any other relevant information available to BAJ.

 

2.18 Refusal of Registration

BAJ reserves the right to refuse any application where BAJ reasonably considers that approving the application would be inconsistent with passenger safety, legal compliance, operational requirements, commercial objectives or the reputation of the Platform.

The Driver acknowledges that BAJ operates a private technology platform and is entitled to establish reasonable standards governing who may access its services. Accordingly, BAJ is not required to approve every applicant who satisfies minimum legal requirements if BAJ reasonably determines that additional factors justify refusal.

Nothing in this Agreement obliges BAJ to provide detailed reasons for refusing an application, except where disclosure is required by applicable law. However, where appropriate and legally permissible, BAJ may provide general information to assist the applicant in understanding the basis of the decision or the steps that may be taken before submitting a future application.

A refusal of registration shall not prevent an applicant from submitting a subsequent application unless BAJ has expressly notified the applicant that further applications will not be considered.

 

2.19 Suspension During Assessment or Investigation

BAJ may temporarily suspend a Driver’s access to the Platform where BAJ reasonably believes that continued operation may present an unacceptable safety, legal, operational or reputational risk while further enquiries are undertaken.

A temporary suspension under this clause does not constitute a determination that the Driver has breached this Agreement. Rather, it is a precautionary measure intended to allow BAJ sufficient opportunity to verify relevant information, assess potential risks and ensure that passengers and other Platform users remain protected during the investigation process.

Where reasonably practicable, BAJ will notify the Driver of the reason for the suspension and, where appropriate, provide the Driver with an opportunity to submit information or documentation relevant to the matters under investigation. BAJ shall determine the duration of any suspension having regard to the complexity of the investigation, the availability of relevant information and the seriousness of the issues being considered.

 

2.20 Compliance with Future Legislative and Regulatory Changes

The Driver acknowledges that laws governing commercial passenger transport services, digital marketplaces, privacy, consumer protection, taxation, employment, health and safety, immigration and other regulatory matters may change during the term of this Agreement.

Where changes in applicable law require BAJ to introduce additional eligibility requirements, modify registration procedures or implement new compliance measures, the Driver agrees to cooperate with BAJ in satisfying those new requirements within the timeframe reasonably specified by BAJ.

BAJ may update its registration procedures, operational standards or verification requirements where reasonably necessary to comply with legislative amendments, regulatory directions, industry standards or technological developments. Continued use of the Platform following implementation of such changes constitutes acceptance of the updated requirements, subject to the amendment provisions contained elsewhere in this Agreement.

The Driver acknowledges that maintaining compliance with future legal obligations is a shared responsibility and agrees to take all reasonable steps necessary to ensure that transport services continue to be provided lawfully and safely through the BAJ Platform.

 

2.21 General Provisions Relating to Registration and Eligibility

The Driver acknowledges that the registration and approval process forms the foundation of the contractual relationship between the Driver and BAJ and is intended to protect passengers, promote public confidence and ensure that transport services delivered through the Platform meet appropriate legal and professional standards.

Nothing contained within this Section limits BAJ’s rights under any other provision of this Agreement to monitor compliance, conduct audits, investigate complaints, verify information, suspend Driver Accounts or terminate access to the Platform where BAJ reasonably considers such action necessary. Similarly, nothing in this Section relieves the Driver of their independent obligation to comply with all applicable laws, maintain professional standards and exercise reasonable care in providing transport services.

The obligations contained in this Section continue throughout the entire period during which the Driver maintains a Driver Account with BAJ and, where relevant by their nature, survive the suspension or termination of this Agreement.

 

SECTION 3 – DRIVER ACCOUNT, PLATFORM ACCESS AND SECURITY

 

3.1 Purpose and Scope

This Section governs the establishment, ownership, operation, protection and management of every Driver Account created on the BAJ Platform. The Driver Account is the primary means through which Drivers access BAJ’s technology platform, receive Bookings, participate in Ride Bidding, communicate with passengers, receive payments and manage their professional relationship with BAJ.

The Driver acknowledges that the BAJ Platform is a proprietary technology system developed and operated by BAJ for the purpose of facilitating transport and related services. Access to the Platform is granted solely in accordance with this Agreement and remains subject to the Driver’s continuing compliance with all applicable contractual, legal and operational requirements.

The Driver further acknowledges that access to the Platform is a revocable licence granted by BAJ and does not confer any ownership interest in the software, technology, customer database, booking system, business model or intellectual property comprising the BAJ Platform.

 

3.2 Creation of a Driver Account

Upon approval of the Driver’s application, BAJ shall establish a Driver Account that enables the Driver to access the BAJ Driver Application and utilise the services available through the Platform. The Driver Account is intended exclusively for the personal use of the approved Driver and shall remain associated with that Driver unless otherwise authorised in writing by BAJ.

The Driver Account may contain personal information, operational records, compliance information, financial records, performance data, ratings, booking history, communication records, uploaded documents, verification information, incentive records, wallet balances and other information necessary for the administration of the Platform. The Driver acknowledges that BAJ may modify the structure or functionality of the Driver Account from time to time as new services, technologies or operational features are introduced.

Creation of a Driver Account does not guarantee the availability of Bookings, Ride Bids or any minimum level of income. The Driver acknowledges that access to the Platform merely provides an opportunity to participate in services facilitated through BAJ and does not constitute an offer of employment, guaranteed work or exclusive business opportunities.

 

3.3 Ownership of the Driver Account

The Driver acknowledges and agrees that every Driver Account created on the BAJ Platform remains the exclusive property of BAJ. The Driver receives only a limited, non-exclusive, non-transferable and revocable licence to access and use the Account for the purpose of providing authorised transport services through the Platform.

The Driver shall not acquire any proprietary rights, intellectual property rights or ownership interest in the Driver Account, the associated customer information, booking history, ratings, software, algorithms, operational systems or any other component of the BAJ Platform.

The Driver shall not sell, assign, lease, licence, pledge, transfer or otherwise dispose of the Driver Account or permit any third party to acquire any interest in the Account without the prior written consent of BAJ. Any attempt to transfer ownership or control of a Driver Account without authorisation shall be void and may result in immediate suspension or permanent termination of the Account.

 

3.4 Personal Nature of Platform Access

Approval to access the BAJ Platform is granted specifically to the individual whose identity has been verified during the registration process. The Driver acknowledges that BAJ’s decision to approve the application is based upon that individual’s qualifications, experience, regulatory compliance and suitability assessment.

Accordingly, the Driver must personally operate the Driver Account and personally perform every transport service accepted through the Platform unless another arrangement has been expressly approved by BAJ in writing. The Driver shall not permit another person to use the Driver Account, complete identity verification on behalf of the Driver, accept Bookings, communicate with passengers or otherwise represent themselves as the approved Driver.

The Driver further acknowledges that unauthorised account sharing significantly undermines passenger safety, regulatory compliance and public confidence in the Platform and therefore constitutes a serious breach of this Agreement.

 

3.5 Responsibility for Account Security

The Driver is solely responsible for maintaining the confidentiality and security of all credentials associated with the Driver Account, including usernames, passwords, personal identification numbers, one-time verification codes, authentication devices, biometric authentication methods and any other security measures implemented by BAJ.

The Driver shall exercise reasonable care to prevent unauthorised access to the Driver Account and shall immediately take appropriate action if there is any reason to believe that the confidentiality of the Account has been compromised. Reasonable care includes maintaining secure passwords, protecting mobile devices used to access the Platform, avoiding disclosure of login credentials and complying with any security recommendations issued by BAJ.

The Driver acknowledges that failure to adequately protect account credentials may expose passengers, BAJ and other Platform users to significant operational and financial risks. Accordingly, BAJ reserves the right to suspend access to the Driver Account where it reasonably believes that the security of the Account has been compromised.

 

3.6 Unauthorised Access and Security Incidents

Where the Driver becomes aware, or reasonably suspects, that the Driver Account has been accessed by an unauthorised person or that any security incident has occurred affecting the Account, the Driver must immediately notify BAJ using the reporting methods specified by BAJ from time to time.

Without limiting the generality of this obligation, the Driver must promptly report any suspected hacking, identity theft, unauthorised password changes, suspicious login activity, fraudulent Bookings, unauthorised banking changes, compromised mobile devices or any other activity indicating that the Driver Account may no longer be secure.

Upon receiving notification of a suspected security incident, BAJ may temporarily restrict access to the Driver Account while appropriate investigations are undertaken. Such temporary restrictions are intended to protect the Driver, passengers and the integrity of the Platform and shall not, of themselves, constitute a determination that the Driver has breached this Agreement.

 

3.7 Authentication and Identity Confirmation

To maintain the security and integrity of the Platform, BAJ may require Drivers to complete identity verification or authentication procedures at any time during their use of the Platform. Such verification procedures may occur during registration, before commencing work, after prolonged periods of inactivity, following unusual account activity, after changes to account information or whenever BAJ reasonably considers further verification necessary.

Authentication procedures may include password verification, one-time passwords, facial recognition technology, biometric verification, live photographic comparison, government-issued identification checks, electronic identity verification or any other lawful method reasonably adopted by BAJ to verify that the approved Driver is the individual accessing the Platform.

The Driver acknowledges that these verification measures are implemented primarily to protect passengers, reduce fraud, prevent account sharing and maintain confidence in the BAJ Platform. Failure or refusal to complete required verification procedures may result in temporary suspension until the Driver’s identity has been satisfactorily confirmed.

 

3.8 Use of Approved Devices

The Driver shall access the BAJ Platform only through devices that are compatible with the BAJ Driver Application and satisfy BAJ’s minimum technical requirements. The Driver is responsible for ensuring that any mobile phone, tablet or other device used to access the Platform remains functional, secure and capable of supporting the operational requirements of the BAJ Driver Application.

BAJ may limit the number of devices associated with a Driver Account and may require verification where repeated device changes occur within a short period or where unusual access patterns are detected. The Driver acknowledges that such restrictions are intended to minimise fraudulent activity and improve Platform security.

The Driver shall not use modified software, automated programs, virtual devices, unauthorised emulators or any technology designed to circumvent BAJ’s security systems or manipulate the operation of the Platform. Any attempt to interfere with the normal operation of the Platform through technological means may result in immediate suspension pending investigation.

 

3.9 Platform Availability

BAJ will use reasonable commercial efforts to maintain the availability and functionality of the Platform. However, the Driver acknowledges that uninterrupted access cannot be guaranteed due to the inherent nature of internet-based technology systems.

The Platform may occasionally become unavailable due to scheduled maintenance, emergency maintenance, software updates, telecommunications failures, internet disruptions, cybersecurity incidents, third-party service interruptions, natural disasters, governmental actions or other circumstances beyond BAJ’s reasonable control.

The Driver agrees that temporary interruptions in Platform availability shall not constitute a breach of this Agreement and that BAJ shall not be liable for any loss of income, missed Bookings or consequential losses arising solely from temporary service interruptions, except where liability cannot lawfully be excluded under applicable legislation.

 

3.10 Driver Dashboard and Operational Information

Upon activation of the Driver Account, BAJ may provide the Driver with access to a personalised Driver Dashboard through the BAJ Driver Application or any other platform designated by BAJ. The Driver Dashboard is intended to assist the Driver in managing their activities on the Platform and may display operational, financial and compliance information relevant to the Driver’s use of BAJ’s services.

The information available through the Driver Dashboard may include, without limitation, Booking history, Ride Bid activity, earnings, commissions, service fees, incentive payments, wallet balances, payment history, ratings, customer feedback, cancellation records, compliance notifications, expiring documents, promotional campaigns, training materials, announcements, account status and other information that BAJ considers relevant to the Driver’s operation on the Platform.

The Driver acknowledges that information displayed on the Driver Dashboard is provided for operational convenience and may be updated periodically as additional information becomes available. Certain financial information may remain subject to reconciliation, regulatory adjustments, chargebacks, customer refunds, payment disputes or administrative corrections before becoming final. Accordingly, information displayed within the Driver Dashboard should not be regarded as conclusive evidence of the Driver’s final entitlement until payments have been processed in accordance with this Agreement.

BAJ reserves the right to modify, redesign, expand, remove or replace any feature of the Driver Dashboard at any time in response to technological improvements, operational requirements or changes to the services offered through the Platform. Such modifications shall not constitute a variation of the Driver’s contractual rights unless expressly stated by BAJ.

 

3.11 GPS, Location Services and Trip Tracking

The Driver acknowledges that accurate location information is fundamental to the operation of the BAJ Platform. In order to facilitate Bookings, Ride Bidding, navigation, passenger safety, fare calculation, emergency assistance, fraud prevention and service quality monitoring, the Driver must permit the BAJ Driver Application to access location services while using the Platform.

The Driver agrees to maintain location services in accordance with BAJ’s technical requirements whenever they are logged into the Platform and available to receive Bookings or Ride Bids. Deliberately disabling location services, interfering with GPS signals or otherwise preventing the accurate transmission of location data may affect the Driver’s ability to receive Bookings and may compromise the operation of the Platform.

Location information collected through the Platform may be used for operational purposes including determining the nearest available Driver, calculating estimated arrival times, monitoring trip progress, calculating applicable fares, investigating complaints, resolving disputes, responding to emergencies, detecting fraudulent activity and improving the efficiency of the Platform. Such information shall be collected, stored and processed in accordance with BAJ’s Privacy Policy and applicable privacy legislation.

The Driver acknowledges that BAJ may retain location information for such periods as are reasonably necessary to comply with legal obligations, resolve disputes, investigate incidents, administer insurance claims, improve Platform performance and protect the legitimate interests of BAJ, its Drivers and its passengers.

 

3.12 Communications Through the Platform

The BAJ Platform provides communication tools designed to facilitate efficient interaction between Drivers, passengers, Driver Operators, Fleet Operators and BAJ. The Driver agrees to use these communication tools solely for legitimate operational purposes associated with Bookings and services facilitated through the Platform.

All communications conducted through the Platform must remain professional, courteous and respectful. The Driver must not use the Platform to transmit abusive, threatening, offensive, discriminatory, defamatory, misleading or unlawful communications or engage in conduct that may reasonably cause distress or inconvenience to another person.

Where telephone numbers are temporarily masked or communications are routed through BAJ’s systems, the Driver acknowledges that such measures are implemented to protect the privacy and security of all Platform users. The Driver shall not attempt to circumvent these protections or obtain personal contact information for purposes unrelated to the provision of services through the Platform.

BAJ may retain communication records where reasonably necessary to investigate complaints, resolve disputes, protect Platform users, comply with legal obligations or improve service quality. The Driver acknowledges that communications conducted through BAJ’s systems may be reviewed where reasonably required for these purposes.

 

3.13 Monitoring, Compliance and Fraud Prevention

The Driver acknowledges that BAJ operates a technology platform that requires continuous monitoring to ensure passenger safety, maintain regulatory compliance and protect the integrity of the marketplace. Accordingly, BAJ may monitor activity occurring on the Platform to the extent reasonably necessary to achieve these objectives.

Such monitoring may include analysis of login activity, Booking acceptance patterns, Ride Bid behaviour, cancellation rates, location information, trip completion records, payment activity, customer complaints, Driver ratings, communication records, document submissions, account changes and other operational information relevant to the administration of the Platform.

Monitoring activities are intended to identify unusual or potentially fraudulent conduct, detect technical issues, improve Platform performance, investigate complaints, ensure compliance with this Agreement and satisfy BAJ’s legal obligations. The Driver acknowledges that automated systems may also be used to identify unusual patterns requiring further investigation.

Where BAJ reasonably suspects fraudulent activity, dishonest conduct, unauthorised Platform manipulation or any behaviour that may compromise passenger safety or Platform integrity, BAJ may conduct further investigations, request additional information, temporarily restrict Platform access or take any other reasonable action permitted under this Agreement.

Nothing contained in this clause obliges BAJ to actively monitor every activity occurring on the Platform or guarantees that all improper conduct will be detected before harm occurs.

 

3.14 Prohibited Use of the Platform

The Driver agrees to use the BAJ Platform solely for lawful purposes consistent with this Agreement and the intended operation of the Platform. The Driver must not engage in any conduct that interferes with the security, reliability, fairness or proper functioning of the Platform or that may adversely affect passengers, other Drivers or BAJ.

Without limiting the general nature of this obligation, the Driver shall not knowingly manipulate fares, interfere with Ride Bidding processes, falsify trip information, create fictitious Bookings, submit fraudulent claims, impersonate another individual, use false documentation, deliberately interfere with GPS functionality, misuse promotional programmes, attempt to reverse engineer the Platform, introduce malicious software, circumvent security controls or otherwise seek to obtain an unfair advantage through technological or dishonest means.

The Driver must not use automated software, bots, scripts, artificial intelligence tools or other technologies designed to automatically accept Bookings, submit Ride Bids, manipulate Driver rankings or interfere with the normal operation of the Platform unless expressly authorised in writing by BAJ.

The Driver further agrees not to use the Platform for any unlawful purpose or in any manner that may expose BAJ, passengers or other Platform users to legal liability, regulatory enforcement action or reputational damage.

Any breach of this clause shall be regarded as a serious violation of this Agreement and may result in immediate suspension or permanent termination of the Driver Account without prejudice to any other legal rights available to BAJ.

 

3.15 Temporary Suspension of Platform Access

BAJ may temporarily suspend a Driver’s access to the Platform where BAJ reasonably considers that such action is necessary to protect passengers, Drivers, Driver Operators, Fleet Operators, regulatory compliance or the integrity of the Platform.

Temporary suspension may occur where BAJ is investigating complaints, verifying documentation, responding to security incidents, assessing regulatory compliance, investigating suspected fraud, reviewing safety concerns or considering whether the Driver continues to satisfy the eligibility requirements contained in this Agreement.

A temporary suspension is a precautionary administrative measure and does not necessarily indicate that BAJ has concluded the Driver has breached this Agreement. Where reasonably practicable, BAJ will provide the Driver with notice of the suspension and, where appropriate, an opportunity to provide information relevant to the matters under investigation.

During any period of suspension, the Driver shall not attempt to access the Platform through another account, another Driver’s credentials or any alternative method designed to circumvent the suspension. Any attempt to do so may constitute a separate and serious breach of this Agreement.

 

3.16 Closure and Deactivation of Driver Accounts

A Driver may request closure of their Driver Account by providing notice to BAJ in accordance with the procedures specified by BAJ from time to time. Before closing an account, BAJ may require completion of any outstanding Bookings, settlement of outstanding financial obligations, return of BAJ property where applicable and resolution of any ongoing investigations or disputes.

BAJ may also deactivate or permanently close a Driver Account where this Agreement has been terminated, where the Driver no longer satisfies the eligibility requirements for participation on the Platform or where continued operation of the Account would, in BAJ’s reasonable opinion, create an unacceptable legal, operational or safety risk.

Closure of a Driver Account does not extinguish any rights or obligations accrued prior to the date of closure, including obligations relating to payments, confidentiality, intellectual property, indemnities, dispute resolution, taxation, regulatory compliance or any provision which by its nature is intended to survive termination.

3.17 Record Retention

The Driver acknowledges that BAJ is required to maintain certain records relating to the operation of the Platform in order to comply with applicable legislation, regulatory requirements, taxation obligations, dispute resolution processes, insurance requirements and legitimate business purposes. Accordingly, BAJ may retain records relating to the Driver’s Account for such period as BAJ reasonably considers necessary or as required by law.

Such records may include registration information, identity verification documents, Booking history, Ride Bid records, payment records, invoices, wallet transactions, communications conducted through the Platform, GPS and trip information, ratings, complaints, investigations, disciplinary actions, uploaded documents, training records, compliance records and any other information relevant to the administration of the Platform.

The Driver acknowledges that the closure, suspension or termination of a Driver Account does not require BAJ to immediately delete operational records where continued retention is authorised or required by law or is reasonably necessary for the protection of BAJ’s legitimate legal or commercial interests. BAJ shall manage and protect retained information in accordance with its Privacy Policy and applicable privacy legislation.

Nothing in this Agreement shall prevent BAJ from retaining anonymised or aggregated operational data that no longer identifies the Driver personally and which is used for statistical analysis, business planning, service improvements, machine learning, artificial intelligence development or other legitimate commercial purposes.

 

3.18 Survival of Rights and Obligations

Termination, suspension or closure of a Driver Account shall not affect any right, remedy, obligation or liability that has accrued before the effective date of such suspension or termination.

Without limitation, obligations relating to confidentiality, intellectual property, privacy, payment obligations, indemnities, dispute resolution, limitation of liability, taxation, regulatory compliance, record retention and any provision which by its nature is intended to survive termination shall continue in full force and effect notwithstanding the termination of this Agreement.

The Driver further acknowledges that BAJ may continue to cooperate with regulatory authorities, law enforcement agencies, courts, insurers or other persons lawfully entitled to obtain information relating to the Driver’s activities on the Platform after termination where such disclosure is authorised or required by law.

 

3.19 General Provisions Relating to Driver Accounts

The Driver acknowledges that the Driver Account forms an essential component of BAJ’s technology ecosystem and that its proper administration is fundamental to the safe, reliable and efficient operation of the Platform.

Nothing contained in this Section limits BAJ’s rights under any other provision of this Agreement to investigate complaints, monitor compliance, conduct audits, verify information, suspend Platform access, modify operational requirements or terminate the contractual relationship where such action is reasonably necessary to protect passengers, Drivers, Driver Operators, Fleet Operators, regulatory compliance or the legitimate interests of BAJ.

Similarly, nothing in this Section relieves the Driver from their independent responsibility to comply with all applicable laws, exercise reasonable care in safeguarding their Account and cooperate fully with BAJ in maintaining the security and integrity of the Platform.

The provisions contained within this Section shall be interpreted consistently with the remaining provisions of this Agreement and, where any inconsistency arises, the interpretation that best promotes passenger safety, regulatory compliance and the proper operation of the BAJ Platform shall prevail to the fullest extent permitted by law.

 

SECTION 4 – DRIVER OBLIGATIONS, PROFESSIONAL STANDARDS AND CODE OF CONDUCT

4.1 Purpose of this Section

This Section establishes the professional standards, operational obligations and behavioural expectations applicable to every Driver using the BAJ Platform. These standards are intended to promote passenger safety, maintain public confidence, protect the reputation of BAJ and create a fair, respectful and professional marketplace for all users of the Platform.

The Driver acknowledges that passengers place significant trust in Drivers when arranging transport through the BAJ Platform. That trust extends beyond the safe operation of a motor vehicle and includes expectations of honesty, courtesy, professionalism, personal integrity, respect for privacy and compliance with applicable laws. Every Driver therefore agrees to conduct themselves in a manner that reflects positively upon BAJ and contributes to a safe and reliable transport network throughout New Zealand.

The obligations contained in this Section apply whenever the Driver is logged into the BAJ Platform, available to receive Bookings, travelling to collect a passenger, transporting a passenger, performing tourism or transport services arranged through BAJ, communicating with Platform users or otherwise representing BAJ in connection with services facilitated through the Platform.

 

4.2 Independent Professional Responsibility

The Driver acknowledges that, although BAJ provides the technology platform through which transport services may be arranged, the Driver remains independently responsible for the safe, lawful and professional provision of those services. Nothing contained within this Agreement transfers responsibility for the Driver’s personal conduct, driving decisions or compliance with applicable law to BAJ.

The Driver agrees to exercise independent judgment at all times while providing services and must not rely solely upon navigation systems, automated recommendations, artificial intelligence features or operational suggestions generated by the Platform where doing so would compromise safety or result in a breach of law. The Driver remains responsible for complying with all road rules, traffic management requirements, local bylaws and lawful directions issued by police, emergency services or authorised regulatory officers.

Where circumstances arise that require immediate decisions affecting passenger safety, the Driver shall prioritise the safety of passengers, members of the public and themselves over operational considerations, estimated arrival times or commercial outcomes.

 

4.3 General Standard of Professional Conduct

The Driver shall conduct themselves honestly, courteously and professionally in all dealings with passengers, prospective passengers, Driver Operators, Fleet Operators, BAJ personnel, regulatory authorities and members of the public.

The Driver shall treat every passenger with dignity, respect and courtesy regardless of the passenger’s nationality, ethnicity, race, gender, age, disability, religion, language, sexual orientation, gender identity, political opinion, socioeconomic background or any other characteristic protected by applicable law. BAJ is committed to providing an inclusive transport marketplace, and the Driver agrees to support that commitment through respectful and professional conduct at all times.

The Driver must communicate politely, avoid unnecessary confrontation and exercise patience when dealing with passengers experiencing language barriers, unfamiliarity with local transport systems, physical disabilities, emotional distress or other circumstances requiring additional assistance.

Professional conduct also requires the Driver to present themselves in a manner appropriate for providing commercial passenger transport services. While BAJ does not prescribe a mandatory uniform unless otherwise specified for particular services, Drivers are expected to maintain appropriate personal hygiene, wear clean and presentable clothing and conduct themselves in a manner consistent with the standards reasonably expected of a professional transport service provider.

 

4.4 Compliance with Laws and Regulatory Requirements

The Driver must comply with all legislation, regulations, bylaws, codes of practice, licensing requirements and lawful directions applicable to the services provided through the BAJ Platform. Compliance with this Agreement does not relieve the Driver of any obligation imposed by law, nor does compliance with legal requirements alone necessarily satisfy the standards expected by BAJ where higher operational standards are reasonably required to protect passengers or the integrity of the Platform.

The Driver acknowledges that transport legislation and regulatory requirements may change from time to time and agrees to familiarise themselves with such changes and implement any necessary operational adjustments without unreasonable delay. Where BAJ issues guidance regarding changes in legislation or regulatory requirements, the Driver remains responsible for ensuring that such guidance is properly understood and implemented.

The Driver shall cooperate fully with regulatory authorities during inspections, audits or investigations relating to transport services provided through the BAJ Platform and shall promptly notify BAJ of any regulatory action that may reasonably affect their continued eligibility to operate on the Platform.

 

4.5 Duty of Honesty and Good Faith

The relationship between BAJ and the Driver is founded upon mutual trust and the expectation that both parties will deal honestly and in good faith. The Driver therefore warrants that they will conduct all activities associated with the BAJ Platform honestly, transparently and without engaging in deceptive, misleading or fraudulent conduct.

The Driver shall not knowingly make false statements to passengers, BAJ, Driver Operators, Fleet Operators, insurers, regulatory authorities or any other person in connection with services provided through the Platform. Likewise, the Driver shall not falsify records, manipulate trip information, conceal material facts, submit inaccurate expense claims or otherwise seek to obtain financial or operational advantages through dishonest conduct.

Where the Driver becomes aware of an error affecting Bookings, payments, fare calculations or Platform operations, the Driver agrees to promptly notify BAJ and cooperate in resolving the matter fairly and transparently.

4.6 Acceptance and Performance of Bookings

The Driver acknowledges that the BAJ Platform has been developed to provide passengers with a reliable, efficient and professional transport service. While the Driver generally retains discretion to determine whether to accept a Booking or submit a Ride Bid, the Driver agrees that any Booking accepted through the Platform constitutes a contractual commitment to provide the requested transport service in accordance with this Agreement, except where cancellation is permitted under this Agreement or applicable law.

Once a Booking has been accepted, the Driver shall make every reasonable effort to proceed promptly towards the designated pickup location using the most appropriate route having regard to prevailing traffic conditions, road closures, weather conditions, passenger safety and any lawful directions issued by emergency services or regulatory authorities. The Driver shall not deliberately delay attendance, unnecessarily extend arrival times or engage in conduct intended to encourage passengers to cancel a Booking for the Driver’s financial or operational advantage.

Where circumstances arise that prevent the Driver from completing an accepted Booking, including mechanical failure, illness, emergencies, road closures or other events beyond the Driver’s reasonable control, the Driver must notify the passenger through the BAJ Platform as soon as reasonably practicable and, where appropriate, notify BAJ so that alternative arrangements may be made. The Driver acknowledges that repeated failures to complete accepted Bookings without reasonable justification may adversely affect the Driver’s standing on the Platform and may result in remedial action under this Agreement.

 

4.7 Ride Bidding Responsibilities

One of the distinguishing features of the BAJ Platform is its Ride Bidding system, through which eligible Drivers may submit competitive fare offers for transport requests made by passengers. The Driver acknowledges that the Ride Bidding system is intended to promote fair competition, provide passengers with greater choice and encourage efficient allocation of transport services while maintaining professional standards across the Platform.

When participating in Ride Bidding, the Driver shall submit bids honestly and in good faith based upon genuine commercial intentions to complete the requested service. The Driver must not submit speculative bids, intentionally misleading bids or bids that the Driver has no genuine intention of honouring should the passenger accept the offer.

The Driver further agrees not to manipulate the Ride Bidding process through coordinated conduct with other Drivers, the use of automated software, multiple Driver Accounts, artificial price inflation, predatory pricing designed solely to eliminate competition or any other conduct that undermines the integrity or fairness of the BAJ marketplace.

Where a passenger accepts the Driver’s Ride Bid, the accepted fare becomes binding upon both parties unless adjusted in accordance with this Agreement due to authorised route changes, additional passenger requests, toll charges, waiting time, additional stops or other circumstances specifically permitted by the BAJ Platform.

The Driver acknowledges that BAJ may continuously refine the Ride Bidding system to improve passenger experience, Driver opportunities and marketplace efficiency. Such refinements may include adjustments to bidding timeframes, visibility of competing bids, eligibility requirements, pricing mechanisms, ranking systems or operational rules. The Driver agrees to comply with any such operational changes introduced by BAJ from time to time.

 

4.8 Passenger Collection

The Driver shall make every reasonable effort to arrive at the designated pickup location within the estimated timeframe communicated through the BAJ Platform. Upon arrival, the Driver shall position the vehicle in a location that is safe, lawful and reasonably convenient for passenger boarding, having regard to traffic conditions, road safety and any applicable parking restrictions.

Where the passenger cannot immediately be located, the Driver shall make reasonable attempts to contact the passenger through the communication facilities provided by the BAJ Platform before considering cancellation. The Driver must not leave the pickup location prematurely where a reasonable opportunity exists for the passenger to locate the Driver within the applicable waiting period.

The Driver acknowledges that passengers may include elderly persons, visitors unfamiliar with the area, individuals with disabilities, families travelling with children or persons experiencing communication difficulties. The Driver agrees to exercise patience and professionalism in assisting passengers wherever reasonably practicable.

Nothing in this clause requires the Driver to wait indefinitely where the passenger fails to attend within the applicable waiting period or where safety considerations make continued waiting unreasonable.

 

4.9 Safe Operation of Vehicles

The Driver’s primary obligation at all times is the safe operation of the vehicle. Commercial considerations, passenger requests, navigation instructions, estimated arrival times, Ride Bid outcomes or other operational factors shall never take priority over the safe operation of the vehicle or compliance with applicable road laws.

The Driver shall operate the vehicle with due care, skill and attention, taking into account prevailing road conditions, weather, traffic, visibility, pedestrian activity and any other factors relevant to the safe transport of passengers. The Driver shall comply with all speed limits, traffic control devices, parking restrictions and lawful directions issued by authorised enforcement officers.

Passengers may occasionally request that the Driver exceed speed limits, perform unsafe manoeuvres or disregard traffic regulations in order to reduce travel time. The Driver must politely decline any such request and continue operating the vehicle lawfully and safely. The Driver shall not be penalised by BAJ for refusing passenger requests that would require unlawful or unsafe driving.

Where road conditions, weather events, natural disasters or emergencies require deviation from the planned route, the Driver shall exercise reasonable professional judgment in determining the safest available alternative while keeping the passenger appropriately informed where circumstances permit.

 

4.10 Passenger Care and Customer Service

The Driver acknowledges that every interaction with a passenger reflects upon the reputation of BAJ and contributes to public confidence in the Platform. Accordingly, the Driver agrees to provide courteous, respectful and professional customer service throughout every stage of the passenger’s journey.

The Driver shall greet passengers politely, verify the passenger’s identity where appropriate, assist passengers in boarding and exiting the vehicle where reasonably practicable and communicate in a respectful manner throughout the journey. The Driver shall remain patient when dealing with passengers who are unfamiliar with the area, have limited English proficiency or require additional assistance due to age or disability.

The Driver shall avoid unnecessary arguments, confrontational behaviour, offensive language or any conduct likely to make passengers feel uncomfortable, intimidated or unsafe. Where disagreements arise regarding routes, fares or operational matters, the Driver should seek to resolve the matter calmly and professionally and, where appropriate, refer the matter to BAJ for resolution rather than escalating the dispute during the journey.

The Driver acknowledges that exceptional customer service contributes to passenger satisfaction, repeat business and the long-term success of both the Driver and the BAJ Platform. Accordingly, Drivers are encouraged to maintain consistently high standards of professionalism in every interaction.

 

4.11 Passenger Privacy and Confidentiality

During the course of providing transport services, the Driver may become aware of personal information relating to passengers, including names, addresses, telephone numbers, travel destinations, conversations, business activities or other confidential matters. The Driver acknowledges that such information is private and must be treated with appropriate confidentiality.

The Driver shall not disclose, publish, record, photograph, video record or otherwise use passenger information for any purpose unrelated to the provision of transport services unless required by law or expressly authorised by the passenger. Likewise, the Driver shall not discuss passenger information with third parties except where reasonably necessary to comply with legal obligations or protect the safety of any person.

Passengers frequently conduct confidential business discussions or personal conversations while travelling. The Driver agrees to respect passenger privacy by refraining from unnecessary involvement in such conversations and by maintaining appropriate professional discretion regarding any information inadvertently overheard during the journey.

These confidentiality obligations continue after completion of the Booking and survive the termination of this Agreement.

 

4.12 Assistance with Luggage and Personal Belongings

Where reasonably practicable and having regard to the Driver’s own health and safety, the Driver shall provide reasonable assistance to passengers with loading and unloading luggage, mobility equipment, shopping, prams or other personal belongings.

The Driver is not required to lift items that are excessively heavy, unsafe to handle or likely to cause personal injury or damage to the vehicle. Where assistance cannot safely be provided, the Driver shall politely explain the reasons to the passenger and, where possible, assist in identifying an alternative solution.

The Driver shall exercise reasonable care when handling passenger belongings but shall not be liable for pre-existing damage, inadequate packing or damage arising from circumstances beyond the Driver’s reasonable control.

Passengers remain responsible for ensuring that all personal belongings have been removed from the vehicle upon completion of the journey. Nevertheless, the Driver agrees to take reasonable steps to check the passenger compartment following each trip in order to identify any property that may have been inadvertently left behind.

4.13 Airport Transfer Services

Where a Booking involves transportation to or from an airport, the Driver shall ensure that the service is conducted in a professional, organised and efficient manner, recognising that airport transfers often involve strict travel schedules and passengers travelling for business, holidays or international connections.

The Driver shall familiarise themselves with the operational procedures applicable to the relevant airport, including designated pickup and drop-off locations, commercial vehicle access requirements, airport service fees, waiting areas and any applicable airport regulations. The Driver shall comply with all lawful directions issued by airport authorities, security personnel or regulatory officers and shall not engage in any conduct that may jeopardise BAJ’s reputation or access to airport facilities.

Where flight details have been provided through the BAJ Platform, the Driver shall make reasonable efforts to monitor flight arrival information where such functionality is available. The Driver acknowledges that flight schedules may change due to delays, cancellations or operational circumstances beyond the passenger’s control and agrees to cooperate reasonably in accommodating such changes in accordance with BAJ’s operational policies.

The Driver shall not solicit passengers within airport terminals, approach travellers who have not booked through BAJ, obstruct other transport operators or otherwise engage in conduct contrary to airport regulations or fair commercial practices. Airport operations form an important component of BAJ’s services, and every Driver is expected to conduct themselves in a manner that enhances the reputation of the Platform.

 

4.14 Tourism, Sightseeing and Day Tour Services

The BAJ Platform facilitates not only point-to-point transport but also tourism, sightseeing, customised travel experiences and organised day tours throughout New Zealand. Drivers who elect to provide tourism-related services acknowledge that such services require a higher standard of professionalism, preparation and customer engagement than ordinary passenger transport.

Where the Driver accepts a tourism Booking, the Driver shall arrive with a clean, roadworthy and appropriately equipped vehicle suitable for the agreed itinerary. The Driver shall make reasonable efforts to adhere to the scheduled itinerary while remaining sufficiently flexible to accommodate minor adjustments requested by passengers where operationally practical and mutually agreed.

The Driver acknowledges that many passengers using BAJ’s tourism services may be visiting New Zealand for the first time. Drivers are therefore encouraged to conduct themselves as professional ambassadors for both BAJ and New Zealand by demonstrating courtesy, patience and respect while providing accurate information regarding destinations, travel times and local attractions. However, unless separately engaged as a licensed tour guide, the Driver shall not represent themselves as possessing professional guiding qualifications or provide misleading historical, cultural or regulatory information.

The Driver shall not alter agreed itineraries, substitute destinations or shorten tours for personal convenience without the passenger’s informed agreement, except where changes are reasonably necessary due to safety concerns, weather conditions, road closures or circumstances beyond the Driver’s reasonable control.

 

4.15 Long-Distance and Intercity Travel

Drivers accepting long-distance or intercity Bookings acknowledge that such journeys require careful planning and a heightened level of professional responsibility. Prior to commencing a long-distance journey, the Driver shall ensure that the vehicle is appropriately fuelled, mechanically suitable for the intended journey and equipped with any equipment reasonably necessary for safe travel.

Where extended driving periods are anticipated, the Driver shall appropriately manage fatigue and shall not continue driving where doing so may compromise safety. Reasonable rest breaks should be taken where necessary, and passengers should be informed of any planned rest stops where practical.

The Driver shall not abandon or prematurely terminate a long-distance Booking except where continuation of the journey would be unlawful, unsafe or impossible due to circumstances beyond the Driver’s reasonable control. Where unforeseen events prevent completion of the journey, the Driver shall cooperate with BAJ and the passenger in arranging appropriate alternative transport where reasonably practicable.

The Driver acknowledges that intercity travel frequently involves variable road conditions, weather events and remote locations. Accordingly, the Driver agrees to exercise additional caution and professional judgment throughout such journeys.

 

4.16 Multi-Day Tours and Extended Bookings

Where the Driver accepts a Booking involving services extending over multiple days, the Driver agrees to perform those services in accordance with the itinerary, booking confirmation and any additional instructions communicated through the BAJ Platform.

The Driver shall conduct themselves professionally throughout the entire duration of the engagement and recognise that passengers may spend significant periods of time in the Driver’s company. Professional boundaries, respectful communication and appropriate conduct shall therefore be maintained at all times.

Unless expressly authorised through the BAJ Platform or separately agreed in writing, the Driver shall not alter accommodation arrangements, itinerary schedules, pricing or included services without the passenger’s informed agreement and, where required, BAJ’s approval.

Where overnight accommodation is required for the Driver as part of the Booking, such arrangements shall be governed by the terms applicable to the relevant tourism service or commercial agreement entered into through BAJ.

 

4.17 Route Selection and Navigation

The Driver shall exercise independent professional judgment in selecting the most appropriate route for each journey. In doing so, the Driver should consider passenger preferences, prevailing traffic conditions, road safety, travel efficiency, weather conditions, road closures and any other circumstances reasonably affecting the journey.

Navigation systems provided through the BAJ Platform or third-party applications are intended to assist the Driver but do not replace the Driver’s obligation to exercise reasonable judgment. The Driver shall not blindly follow navigation instructions where doing so would require unlawful, unsafe or impractical manoeuvres.

Where a passenger reasonably requests an alternative route, the Driver should accommodate that request provided the alternative route can be travelled lawfully and safely. If the requested route is likely to significantly affect travel time or pricing, the Driver should advise the passenger before proceeding wherever reasonably practicable.

The Driver shall not intentionally extend the length of a journey for the purpose of increasing fares, generating additional waiting charges or otherwise obtaining financial benefit through unnecessary travel.

 

4.18 Waiting Time and Additional Stops

Certain Bookings may require the Driver to wait while passengers attend appointments, collect goods or make brief visits to intermediate locations. The Driver shall comply with waiting arrangements applicable to the Booking and shall remain courteous and professional throughout any waiting period.

Where waiting charges apply under BAJ’s pricing policies, such charges shall be calculated strictly in accordance with the operational rules established by BAJ. The Driver shall not demand additional payments directly from passengers for waiting time except where expressly authorised through the BAJ Platform.

Passengers may request additional stops during a journey. The Driver may agree to such requests where operationally practical, lawful and safe. Any additional charges arising from authorised stops shall be determined through the BAJ Platform or otherwise in accordance with BAJ’s pricing policies. The Driver shall not negotiate private side arrangements intended to avoid BAJ’s booking and payment systems.

Where a requested stop involves unreasonable delays, unsafe locations or circumstances that materially alter the nature of the original Booking, the Driver may politely decline the request after explaining the reasons to the passenger.

 

4.19 Accessibility and Assistance to Passengers

BAJ is committed to providing transport services that are inclusive and accessible to all members of the community. The Driver agrees to treat passengers with disabilities, reduced mobility, medical conditions or other accessibility needs with dignity, patience and respect.

Where reasonably practicable and within the Driver’s physical capabilities, the Driver shall provide appropriate assistance with boarding, exiting the vehicle, loading mobility aids and securing personal equipment. The Driver shall not refuse a Booking solely because a passenger requires reasonable assistance, except where the Driver is genuinely unable to provide the required service safely or lawfully.

Drivers operating vehicles specifically equipped for accessibility services shall maintain familiarity with the safe operation of accessibility equipment and comply with any additional operational standards applicable to such vehicles.

Nothing in this clause requires a Driver to perform medical procedures, physically unsafe lifting or assistance beyond what can reasonably be expected of a professional transport provider.

 

4.20 Child Passengers and Safety Restraints

The Driver acknowledges that the safety of child passengers is of paramount importance. Where applicable law requires the use of approved child restraints or booster seats, the Driver shall comply with those legal requirements and shall not knowingly transport a child in circumstances that would breach applicable safety legislation.

Where passengers are responsible for providing child restraints, the Driver shall allow reasonable time for their installation before commencing the journey. If the Driver reasonably believes that a restraint has not been properly secured, the Driver should draw the matter to the passenger’s attention before proceeding.

Nothing in this Agreement requires the Driver to install child restraints where doing so would expose the Driver to legal liability or where the Driver lacks appropriate knowledge to safely install specialised restraint systems. In such circumstances, responsibility for installation remains with the passenger or accompanying adult.

4.21 Vehicle Cleanliness, Presentation and Maintenance

The Driver acknowledges that the condition of the vehicle directly influences passenger comfort, public confidence and the reputation of BAJ. Every vehicle used to provide services through the BAJ Platform shall be maintained in a clean, safe, hygienic and presentable condition, both internally and externally, throughout the period in which it is available to accept Bookings.

Before commencing each operating period, the Driver shall undertake a reasonable inspection of the vehicle to ensure that it is clean, free from excessive dirt, unpleasant odours, rubbish and unnecessary personal items, and that all seating areas, seatbelts, windows and passenger compartments are suitable for commercial passenger transport. The Driver shall also ensure that air conditioning, heating, interior lighting, doors, luggage compartments and other passenger facilities are functioning properly, so far as reasonably practicable.

The Driver shall not operate a vehicle that is mechanically unsafe, visually unroadworthy or otherwise unsuitable for transporting passengers. Where the Driver becomes aware of any mechanical defect or safety issue that may compromise passenger safety or the proper operation of the vehicle, the Driver shall immediately cease providing services until the defect has been appropriately repaired.

BAJ reserves the right to inspect or request evidence of the condition of any vehicle registered on the Platform and may temporarily suspend the vehicle from service where it reasonably considers that the vehicle fails to satisfy BAJ’s operational standards or applicable legal requirements.

 

4.22 Personal Appearance and Professional Presentation

Every Driver represents BAJ whenever providing services through the Platform. The Driver therefore agrees to maintain a professional standard of personal presentation that promotes confidence, comfort and trust among passengers.

The Driver shall present themselves in a clean, tidy and well-groomed manner appropriate for the provision of commercial passenger transport services. Clothing should be clean, in good condition and suitable for interacting with members of the public. Clothing or accessories displaying offensive language, discriminatory messages, political campaigning, unlawful content or material likely to cause discomfort to passengers should not be worn while providing services through the BAJ Platform.

Drivers providing executive transport, corporate services, tourism services or premium vehicle services may be required by BAJ to comply with additional presentation standards appropriate to those categories of service.

Nothing in this Agreement requires Drivers to wear a mandatory uniform unless BAJ expressly introduces such a requirement for a particular category of service.

 

4.23 Smoking, Vaping, Alcohol and Controlled Substances

Passenger health and comfort are fundamental priorities of BAJ. The Driver shall not smoke, vape or use any tobacco or nicotine product inside the vehicle while providing services through the Platform or at any time when passengers are present.

The Driver shall not consume alcohol before or during the provision of transport services where such consumption may affect the Driver’s ability to safely operate the vehicle. Under no circumstances shall a Driver operate a vehicle while impaired by alcohol, illegal drugs, controlled substances, prescription medication or any other substance capable of affecting the Driver’s judgment, concentration or ability to safely perform transport services.

Where prescription medication has the potential to impair driving performance, the Driver shall obtain appropriate medical advice before providing services through the BAJ Platform and shall refrain from driving whenever impairment is reasonably possible.

The Driver acknowledges that BAJ may immediately suspend Platform access where there are reasonable grounds to believe that the Driver has provided services while impaired by alcohol or drugs. Such suspension may remain in effect until BAJ has completed any investigation considered reasonably necessary.

 

4.24 Fatigue Management

The Driver acknowledges that fatigue significantly increases the risk of accidents and may impair judgment to a degree comparable with alcohol impairment. Accordingly, the Driver accepts personal responsibility for managing working hours, rest periods and general fitness to drive.

The Driver shall not accept or continue a Booking where the Driver knows, or reasonably ought to know, that fatigue may impair the safe operation of the vehicle. Where necessary, the Driver shall take appropriate rest breaks before continuing to provide services.

Although BAJ may provide reminders or operational tools designed to encourage safe working practices, the Driver acknowledges that BAJ cannot continuously monitor the Driver’s physical condition or level of fatigue. Responsibility for determining fitness to drive remains solely with the Driver.

Where BAJ reasonably believes that a Driver’s activity on the Platform indicates excessive driving without appropriate rest, BAJ may temporarily restrict access to the Platform until the Driver has had a reasonable opportunity to rest.

 

4.25 Mobile Phones and Electronic Devices

The Driver shall comply with all applicable laws regulating the use of mobile phones and electronic devices while operating a motor vehicle.

The Driver shall not manually operate a mobile phone, messaging application, social media platform or other electronic device while the vehicle is in motion except where such use is expressly permitted by law and can be undertaken safely using approved hands-free technology.

The BAJ Driver Application is intended to support the Driver’s operation of the Platform; however, the Driver must not allow interaction with the Application to distract attention from the safe operation of the vehicle. Where interaction with the Application is necessary and cannot safely be completed while driving, the Driver shall first stop the vehicle in a safe and lawful location.

The Driver acknowledges that passenger safety always takes priority over responding to messages, accepting Bookings, participating in Ride Bidding or managing operational matters through the Platform.

 

4.26 Lost Property

The Driver acknowledges that passengers occasionally leave personal belongings in vehicles following completion of a journey. Where the Driver becomes aware that property has been left behind, the Driver shall take reasonable care to secure the property and promptly notify BAJ through the procedures established by the Platform.

The Driver shall not intentionally retain, use, conceal, dispose of or claim ownership of property belonging to a passenger. Reasonable efforts shall be made to facilitate the return of lost property to its lawful owner in accordance with BAJ’s Lost Property Policy.

Where the owner cannot be identified or contacted after reasonable efforts have been made, the Driver shall comply with BAJ’s procedures and any applicable legal requirements relating to unclaimed property.

BAJ may facilitate communication between the Driver and the passenger for the purpose of arranging the return of lost property. However, unless otherwise required by law, BAJ does not guarantee the recovery of lost property or accept responsibility for items left inside vehicles.

 

4.27 Cash Handling and Fare Integrity

Where BAJ permits cash payments for particular services, the Driver shall accurately collect, record and account for all fares in accordance with BAJ’s operational procedures.

The Driver shall not intentionally overcharge passengers, demand unauthorised additional payments, manipulate fare calculations, refuse to provide required receipts or otherwise engage in dishonest practices relating to passenger payments.

Where the BAJ Platform processes electronic payments, the Driver acknowledges that all transactions must be completed through the Platform unless BAJ expressly authorises an alternative payment method. The Driver shall not encourage passengers to avoid BAJ’s payment systems or negotiate private payment arrangements intended to circumvent applicable Platform fees or operational requirements.

Integrity in financial dealings is fundamental to the relationship between BAJ, its Drivers and its passengers. Any dishonest handling of fares or passenger payments may constitute serious misconduct and may result in immediate termination of this Agreement together with any other legal remedies available to BAJ.

 

4.28 Solicitation of Off-Platform Business

The Driver acknowledges that BAJ has invested substantial resources in developing, operating and promoting the Platform. Accordingly, the Driver agrees not to misuse Bookings obtained through BAJ for the purpose of diverting passengers away from the Platform.

Unless expressly authorised by BAJ, the Driver shall not encourage passengers to make future Bookings directly with the Driver in order to avoid BAJ’s Platform, service fees or booking systems. Likewise, the Driver shall not distribute personal business cards, promotional materials, private contact details or other marketing material during a Booking where the primary purpose is to divert future business from BAJ.

Nothing in this clause prevents the Driver from operating independent transport businesses outside the BAJ Platform or accepting work obtained independently of BAJ, provided such activities do not involve the misuse of passenger information, confidential information or business opportunities introduced through the BAJ Platform.

 

4.29 Conflicts of Interest

The Driver shall avoid situations in which personal interests conflict, or may reasonably appear to conflict, with the legitimate interests of BAJ, passengers or the proper operation of the Platform.

Where a conflict of interest arises or is reasonably foreseeable, the Driver shall promptly disclose the relevant circumstances to BAJ where such disclosure may reasonably affect passenger safety, operational integrity or compliance with this Agreement.

The Driver shall not misuse confidential information, passenger information or operational knowledge obtained through the Platform for personal advantage where such use would unfairly prejudice BAJ or other Platform users.

 

SECTION 5 – VEHICLE REQUIREMENTS, INSPECTIONS, SAFETY STANDARDS AND OPERATIONAL COMPLIANCE

 

5.1 Purpose and Application

The Parties acknowledge that the safety, reliability and quality of every service provided through the BAJ Platform depend substantially upon the condition, suitability and lawful operation of the vehicles used to transport passengers. Accordingly, the purpose of this Section is to establish the minimum contractual standards applicable to every vehicle operated through the BAJ Platform and to define the continuing obligations of every Driver, Driver Operator and Fleet Operator in relation to vehicle safety, legal compliance, maintenance, presentation and operational suitability.

The standards contained within this Section are fundamental conditions of participation on the BAJ Platform and are intended to protect passengers, Drivers, Driver Operators, Fleet Operators, BAJ and the public. The Parties acknowledge that passengers are entitled to expect that every vehicle providing services through the BAJ Platform has been properly maintained, is legally authorised to operate, is mechanically safe, is clean and professionally presented, and is suitable for the category of transport service being provided.

This Section applies to every vehicle used in connection with the BAJ Platform irrespective of whether the vehicle is privately owned by the Driver, leased from a finance company, rented from a commercial vehicle supplier, supplied by a Driver Operator or Fleet Operator, or otherwise lawfully made available for commercial passenger transport. Approval of a vehicle by BAJ does not transfer ownership of the vehicle to BAJ, nor does it create any warranty that the vehicle will remain suitable for operation throughout the duration of this Agreement. The continuing responsibility for ensuring that every vehicle remains safe, roadworthy and legally compliant rests solely with the Driver and, where applicable, the Driver Operator or Fleet Operator responsible for that vehicle.

The Parties further acknowledge that different categories of services offered through the BAJ Platform, including ride bidding, taxi services, executive transport, airport transfers, tourism services, charter transport, shuttle operations, courier services and any future transport services introduced by BAJ, may require different operational standards. BAJ therefore reserves the right to establish additional vehicle requirements for specific categories of service where such requirements are reasonably necessary to comply with legislation, industry practice, insurance requirements, commercial agreements or the operational needs of the Platform. Such additional standards shall form part of this Agreement from the date specified by BAJ, provided that Drivers are given reasonable notice where the changes materially affect existing vehicle eligibility.

Nothing contained in this Section limits or replaces any obligation imposed upon the Driver by applicable legislation, transport regulations, licensing authorities, insurance policies, airport authorities or any other lawful requirement governing commercial passenger transport within New Zealand. Where a statutory requirement imposes a higher standard than that contained in this Agreement, the higher statutory standard shall prevail to the extent of any inconsistency, and the Driver shall remain responsible for complying with that higher obligation.

 

5.2 Vehicle Eligibility

As a condition of registration on the BAJ Platform, every vehicle proposed to be used for the provision of transport services must satisfy BAJ that it is suitable for commercial passenger transport and capable of providing passengers with a safe, comfortable and reliable travelling experience. Vehicle approval is not automatic and shall only be granted after BAJ has completed such assessment as it reasonably considers necessary, taking into account the vehicle’s age, condition, maintenance history, legal compliance, presentation, intended category of service and any other matters relevant to passenger safety or the proper operation of the Platform.

The Driver warrants that every vehicle submitted for approval is lawfully registered for use on New Zealand roads, holds all certificates, licences and authorisations required by law, and complies with every statutory requirement applicable to the services intended to be provided through the BAJ Platform. The Driver further warrants that the vehicle is mechanically sound, structurally safe, appropriately maintained and free from any defect that may reasonably compromise passenger safety, driver safety or the safe operation of the vehicle.

BAJ may require the Driver to provide documentary evidence demonstrating compliance with these requirements before approving a vehicle for use on the Platform. Such documentation may include, without limitation, vehicle registration records, Certificates of Fitness or Warrants of Fitness, transport service licences, insurance certificates, maintenance records, engineering certifications, photographs of the vehicle, identification details and any additional information reasonably required by BAJ to assess the vehicle’s suitability.

Approval of a vehicle by BAJ constitutes permission for that vehicle to operate on the Platform only for so long as it continues to satisfy the standards prescribed by this Agreement. Vehicle approval is therefore conditional rather than permanent, and BAJ may review, suspend or withdraw approval whenever it reasonably believes that the vehicle no longer satisfies the standards required for continued participation on the Platform.

The Driver acknowledges that BAJ is entitled to adopt quality standards exceeding the minimum legal requirements where BAJ reasonably considers such standards necessary to protect passenger confidence, maintain the reputation of the Platform or support the commercial objectives of BAJ. Compliance with minimum legal standards alone shall not automatically entitle a Driver to approval where BAJ reasonably concludes that a vehicle is otherwise unsuitable for commercial passenger transport.

5.3 Ownership, Legal Possession and Authority to Operate Vehicles

The Driver represents and warrants that every vehicle used to provide services through the BAJ Platform is lawfully possessed and operated and that the Driver has full legal authority to make that vehicle available for commercial passenger transport. Where the Driver is the registered owner of the vehicle, the Driver warrants that there are no legal restrictions preventing its use in connection with the services contemplated by this Agreement. Where the vehicle is leased, financed, hired, rented or otherwise supplied by another individual or organisation, the Driver further warrants that the owner or lawful possessor has expressly authorised the vehicle’s use for commercial passenger transport and that such authority shall remain valid for the duration of the vehicle’s participation on the BAJ Platform.

The Driver acknowledges that BAJ relies upon the accuracy of the information supplied during the vehicle approval process and that BAJ is not required to independently verify ownership or contractual rights relating to every vehicle submitted for registration. Accordingly, the Driver accepts full responsibility for ensuring that the use of the vehicle does not breach any finance agreement, lease agreement, rental agreement, insurance policy, employment arrangement or any other legal obligation affecting the Driver’s right to possess or operate the vehicle.

Where any dispute arises concerning ownership, possession or lawful authority to operate a vehicle registered on the BAJ Platform, BAJ may immediately suspend the vehicle from the Platform until satisfactory evidence establishing the Driver’s legal authority has been provided. Such suspension shall not constitute a breach of this Agreement by BAJ and shall remain in effect until BAJ is reasonably satisfied that the legal uncertainty has been resolved.

The Driver further agrees to immediately notify BAJ of any circumstance that materially affects the Driver’s legal authority to operate the vehicle, including but not limited to repossession proceedings, termination of a lease, cancellation of finance arrangements, insolvency of the owner, seizure by any enforcement authority, cancellation of insurance, or any court order or statutory direction affecting the vehicle. Failure to provide prompt notification of such circumstances may constitute a material breach of this Agreement.

 

5.4 Registration and Approval of Vehicles

Before any vehicle may be used to provide services through the BAJ Platform, the vehicle must be registered with BAJ and receive written or electronic approval through the procedures established by the Platform. The Driver acknowledges that registration of a Driver Account does not automatically authorise the use of any particular vehicle and that each vehicle must be individually assessed against BAJ’s operational standards before it becomes eligible to accept Bookings.

As part of the approval process, BAJ may require the Driver to provide information concerning the vehicle’s identity, specifications, condition, service history, insurance arrangements, regulatory compliance, accessibility features, seating capacity, luggage capacity, fuel type, emissions classification, commercial licensing and any other information that BAJ reasonably considers necessary to determine the vehicle’s suitability. The Driver warrants that all information provided during the approval process is complete, accurate and not misleading in any material respect.

The Driver acknowledges that BAJ may utilise manual reviews, automated verification systems, photographic assessments, artificial intelligence tools, third-party databases or independent verification services when assessing vehicle applications. The use of such technologies is intended to improve the integrity and efficiency of the approval process and does not relieve the Driver of the responsibility to provide truthful and accurate information.

Approval of a vehicle is conditional upon the continuing accuracy of all information supplied during registration. Where any material aspect of the vehicle changes following approval, including alterations affecting the vehicle’s appearance, seating configuration, accessibility features, registration details, mechanical condition or legal status, the Driver shall notify BAJ without unreasonable delay so that BAJ may determine whether the vehicle continues to satisfy Platform requirements.

The Driver further acknowledges that BAJ retains absolute discretion to refuse approval of a vehicle where BAJ reasonably believes that approval would compromise passenger safety, damage the reputation of the Platform, create unacceptable operational risks or otherwise conflict with BAJ’s legitimate commercial interests. The exercise of such discretion shall not be regarded as unreasonable solely because the vehicle complies with minimum legal standards.

 

5.5 Continuing Compliance with Vehicle Standards

The Driver acknowledges that compliance with BAJ’s vehicle standards is not limited to the date upon which a vehicle is first approved. Rather, compliance constitutes a continuing contractual obligation that applies throughout the entire period during which the vehicle remains registered on the Platform. The Driver therefore undertakes to continuously maintain the vehicle in a condition that satisfies both the requirements of this Agreement and all applicable legal obligations governing commercial passenger transport within New Zealand.

The Driver shall not knowingly permit a vehicle to remain available for Bookings where any defect, deterioration or change in circumstances has rendered the vehicle unsuitable for passenger transport. This obligation applies regardless of whether the defect arises through ordinary wear and tear, accidental damage, mechanical failure, environmental conditions, vandalism or any other cause. The Driver accepts that even minor defects, when left unaddressed, may compromise passenger confidence, reduce vehicle safety or adversely affect the reputation of BAJ.

Where BAJ becomes aware, whether through passenger feedback, Driver self-reporting, regulatory inspections, photographic evidence, telematics data or any other reliable source, that a vehicle may no longer comply with Platform standards, BAJ may require the Driver to produce evidence demonstrating continuing compliance. Such evidence may include updated inspection reports, repair invoices, maintenance records, photographs, engineering certificates or any other documentation reasonably requested by BAJ. Until BAJ is satisfied that compliance has been restored, the Platform may suspend the vehicle from accepting further Bookings.

The Driver acknowledges that BAJ’s continuing review of vehicle compliance is an essential component of passenger protection and quality assurance and agrees to cooperate fully with all reasonable requests made for that purpose. The Driver further acknowledges that repeated failures to maintain vehicle standards may indicate a pattern of operational non-compliance and may result in disciplinary action extending beyond the suspension of the individual vehicle, including restrictions upon the Driver’s continued participation on the Platform.

 

5.6 Mechanical Safety and Roadworthiness

The Driver acknowledges that the mechanical integrity of every vehicle operating through the BAJ Platform is fundamental to passenger safety and public confidence. Accordingly, the Driver warrants that the vehicle shall, at all times during its operation on the Platform, remain mechanically sound, structurally safe and capable of being operated without creating an unreasonable risk to passengers, pedestrians, other road users or property.

Without limiting the general nature of this obligation, the Driver shall ensure that all mechanical systems necessary for the safe operation of the vehicle are maintained in proper working order and are serviced at intervals appropriate to the manufacturer’s recommendations, the age and usage of the vehicle and the demands of commercial passenger transport. The Driver shall promptly repair any mechanical defect that may affect braking performance, steering response, suspension, tyres, lighting, electrical systems, engine performance, transmission, cooling systems, occupant protection systems or any other component relevant to the safe operation of the vehicle.

The Driver shall immediately withdraw the vehicle from service where the Driver knows, or ought reasonably to know, that continued operation would be unlawful or unsafe. This obligation applies irrespective of whether the defect has been formally identified by a mechanic or regulatory authority. The Driver acknowledges that commercial inconvenience, anticipated loss of income or passenger demand shall never justify the continued operation of an unsafe vehicle.

For the purposes of this Agreement, a vehicle shall be regarded as unsafe where a reasonably competent commercial passenger transport operator would conclude that continued operation may expose passengers or members of the public to an unacceptable level of risk. BAJ may rely upon regulatory inspection reports, independent mechanical assessments, engineering advice, photographic evidence or any other reliable information in determining whether a vehicle satisfies this standard.

5.7 Preventative Maintenance and Servicing Obligations

The Driver acknowledges that commercial passenger vehicles are subjected to substantially greater use than privately operated vehicles and, as a consequence, require a higher standard of maintenance in order to ensure the continued safety, reliability and comfort expected by passengers using the BAJ Platform. The Driver therefore undertakes to maintain the vehicle in accordance with the recommendations of the manufacturer, the requirements of applicable legislation, recognised industry practice and any additional maintenance standards reasonably introduced by BAJ from time to time.

The Driver shall ensure that all scheduled servicing is completed within the intervals recommended for the particular vehicle, having regard not only to the passage of time but also to the total distance travelled and the intensity of commercial use. Where the vehicle is operated extensively for passenger transport, airport transfers, tourism services or long-distance travel, the Driver acknowledges that more frequent maintenance may be reasonably necessary to preserve the vehicle’s safe and reliable operation.

The Driver shall not postpone or avoid necessary servicing for the purpose of reducing operating expenses or maximising vehicle availability. The Parties acknowledge that preventative maintenance forms an essential component of passenger safety and that delaying repairs or servicing may expose passengers, the Driver and members of the public to unnecessary risks. The Driver therefore accepts that commercial considerations shall never take precedence over the proper maintenance of the vehicle.

Where BAJ reasonably requests evidence that servicing has been completed, the Driver shall provide maintenance records, invoices, inspection reports or other documentation demonstrating that the vehicle has been appropriately maintained. BAJ may retain copies of such documentation for compliance, audit and regulatory purposes.

Nothing contained in this Agreement obliges BAJ to monitor servicing schedules on behalf of the Driver, and the Driver accepts sole responsibility for ensuring that all servicing requirements are identified and completed within appropriate timeframes.

 

5.8 Daily Vehicle Inspection

Before making a vehicle available to accept Bookings through the BAJ Platform on any operating day, the Driver shall conduct a careful inspection of the vehicle to determine whether it remains safe, clean and suitable for commercial passenger transport. The Driver acknowledges that such inspections represent an important safeguard against mechanical failure and contribute significantly to the prevention of accidents, service interruptions and passenger complaints.

The inspection shall be sufficiently thorough to enable the Driver to identify any defect that would reasonably be apparent to a competent commercial transport operator. Without limiting the general nature of this obligation, the Driver shall satisfy themselves that the vehicle’s tyres are correctly inflated and free from dangerous damage, that exterior lighting and indicators are functioning correctly, that mirrors provide adequate visibility, that seatbelts are operational, that braking and steering systems appear to function normally, that warning lights do not indicate unresolved mechanical faults and that the passenger compartment remains clean, hygienic and suitable for occupancy.

Where the Driver identifies any matter that raises reasonable concerns regarding the vehicle’s safety or legal compliance, the Driver shall immediately investigate the issue and, where necessary, withdraw the vehicle from service until the matter has been properly rectified. The Driver acknowledges that uncertainty regarding the seriousness of a defect shall not justify continued operation where a reasonably prudent commercial transport operator would suspend use of the vehicle pending further assessment.

The Driver further agrees that completion of a daily inspection does not limit the Driver’s continuing obligation to remain alert for defects arising during the course of the operating day. Should any safety concern become apparent while transporting passengers, the Driver shall respond promptly and appropriately, giving priority to passenger safety above all commercial considerations.

 

5.9 Vehicle Presentation and Passenger Comfort

The Driver acknowledges that the physical presentation of a vehicle forms an important part of the passenger experience and materially affects public confidence in the BAJ Platform. Every vehicle used to provide services through the Platform shall therefore be maintained in a condition that reflects professionalism, cleanliness and proper care.

The exterior of the vehicle shall be maintained in a reasonably clean condition appropriate to prevailing weather conditions and normal commercial use. While BAJ recognises that temporary accumulation of dust, rainwater or road debris may occur during ordinary operation, the Driver shall take reasonable steps to ensure that the vehicle does not present an appearance suggesting neglect or poor maintenance.

The interior passenger compartment shall be maintained in a clean, sanitary and comfortable condition at all times. Seats shall be free from excessive wear, damage or contamination, windows shall provide appropriate visibility, flooring shall be clean and free from rubbish, and the vehicle shall be free from persistent unpleasant odours arising from smoking, food waste, animals, mould, fuel, chemicals or other avoidable sources. Heating, ventilation and air-conditioning systems shall be maintained in proper working order so far as reasonably practicable, recognising that passenger comfort forms an important aspect of the services facilitated through the BAJ Platform.

The Driver shall ensure that luggage compartments remain clean and capable of safely accommodating passenger property. Where a vehicle is marketed through the Platform as suitable for larger groups, airport transfers or tourism services requiring significant luggage capacity, the Driver warrants that the available storage space accurately reflects the description provided through the Platform.

The Driver acknowledges that repeated complaints regarding cleanliness, odours, vehicle presentation or passenger comfort may indicate a failure to comply with this Agreement and may result in inspections, corrective action or suspension from the Platform until appropriate standards have been restored.

 

5.10 Modifications and Alterations to Vehicles

The Driver acknowledges that the vehicle approved by BAJ is assessed on the basis of its documented specifications, condition and compliance with applicable legal requirements. Accordingly, the Driver shall not make any modification or alteration that materially affects the vehicle’s safety, structural integrity, passenger capacity, accessibility, emissions compliance or suitability for commercial passenger transport without first ensuring that such modification is lawful and does not compromise the standards required by this Agreement.

Where a modification requires certification, inspection or approval under New Zealand law, the Driver shall obtain all necessary approvals before returning the vehicle to service through the BAJ Platform. Upon request, the Driver shall provide BAJ with documentary evidence demonstrating that the modification has been lawfully completed and certified where required.

The Driver further agrees not to install equipment, accessories or decorative features that may obstruct the Driver’s vision, interfere with the operation of safety systems, reduce passenger safety or create an unreasonable risk of injury during ordinary vehicle operation. Likewise, modifications intended to misrepresent the category, quality or capabilities of the vehicle offered through the Platform are strictly prohibited.

Where BAJ reasonably concludes that a modification has adversely affected the vehicle’s suitability for commercial passenger transport, BAJ may require the Driver to reverse the modification, obtain further certification or suspend the vehicle from the Platform until compliance has been restored.

 

5.11 BAJ Vehicle Inspections and Compliance Reviews

In order to maintain consistent operational standards across the Platform, BAJ reserves the right to conduct inspections and compliance reviews of any vehicle registered under this Agreement whenever BAJ reasonably considers such action necessary. The Driver acknowledges that these inspections form an essential component of BAJ’s quality assurance programme and contribute to passenger safety, regulatory compliance and the protection of BAJ’s commercial reputation.

Vehicle inspections may be conducted before initial approval, periodically during the life of this Agreement, following passenger complaints, after accidents, upon renewal of vehicle documentation or whenever BAJ reasonably believes that a vehicle may no longer satisfy Platform standards. Depending upon the circumstances, BAJ may conduct inspections directly, appoint appropriately qualified third-party inspectors or require the Driver to obtain an inspection from an independent organisation approved by BAJ.

The Driver agrees to cooperate fully with all reasonable inspection requests and shall provide access to the vehicle, relevant documentation and any information reasonably necessary to complete the assessment. Unreasonable refusal to cooperate with an inspection, repeated failure to attend scheduled inspections or deliberate attempts to obstruct the inspection process may constitute a material breach of this Agreement.

The Driver acknowledges that a satisfactory inspection does not constitute a permanent certification of the vehicle’s condition. Rather, each inspection represents an assessment of the vehicle’s condition at a particular point in time, and the Driver remains continuously responsible for maintaining the vehicle in accordance with this Agreement regardless of whether subsequent inspections are conducted.

5.12 BAJ Branding, Vehicle Identification and Platform Signage

The Parties acknowledge that BAJ may, from time to time, require or permit approved vehicles to display branding, decals, identification devices, digital identifiers, QR codes, roof signs, window stickers, electronic displays or other materials identifying the vehicle as operating through the BAJ Platform. Such branding assists passengers in identifying authorised vehicles, enhances public confidence in the Platform and supports the commercial reputation of BAJ.

Where BAJ requires the display of approved branding, the Driver shall ensure that all branding materials are installed, displayed, maintained and removed strictly in accordance with BAJ’s instructions. The Driver shall not alter, reproduce, modify, obscure or misuse any BAJ logo, trade mark, trade dress or branding without BAJ’s prior written consent. Likewise, the Driver shall not display branding that falsely suggests endorsement by BAJ where the vehicle has not been approved for the relevant category of service.

The Driver acknowledges that BAJ’s intellectual property constitutes valuable commercial assets and agrees that all branding materials remain the exclusive property of BAJ unless expressly transferred in writing. Upon suspension or termination of this Agreement, or upon BAJ’s request, the Driver shall promptly remove all BAJ branding from the vehicle and shall not continue to represent the vehicle as affiliated with the Platform.

Nothing contained within this clause obliges BAJ to require branding for every service category. BAJ may determine that certain categories of transport, including executive transport, premium chauffeur services or other specialised services, should operate without visible external branding where this better reflects the commercial expectations of passengers or contractual clients.

 

5.13 GPS, Telematics and Location Technology

The Driver acknowledges that accurate location information forms an essential component of the BAJ Platform and enables the efficient allocation of Bookings, navigation assistance, fare calculations, Ride Bidding functionality, passenger safety features, fraud prevention measures and customer support services. The Driver therefore agrees that every vehicle operating through the Platform shall utilise location technology compatible with BAJ’s operational requirements.

The Driver shall not intentionally disable, interfere with, manipulate or otherwise compromise the proper operation of any GPS, telematics or location services required by the Platform except where temporary interruption results from circumstances beyond the Driver’s reasonable control, including network failures, satellite interruptions, hardware malfunction or emergency situations. Where any such interruption occurs, the Driver shall take reasonable steps to restore normal functionality as soon as practicable.

The Driver further acknowledges that BAJ may record and retain location information before, during and after Bookings for purposes including operational management, passenger safety, dispute resolution, regulatory compliance, fraud detection, insurance administration, quality assurance and service improvement. The Driver consents to the collection and use of such information in accordance with this Agreement and BAJ’s Privacy Policy.

Nothing contained within this Agreement guarantees uninterrupted GPS accuracy or continuous telecommunications coverage. The Driver remains responsible for exercising independent professional judgment where technological systems become unavailable or inaccurate and shall not rely exclusively upon automated navigation where doing so would compromise safety or legal compliance.

 

5.14 Dash Cameras, Audio Recording and Onboard Monitoring Devices

BAJ recognises that dash cameras and other onboard recording devices may contribute to passenger safety, driver protection, evidence preservation and the fair investigation of complaints or accidents. Subject to applicable law, the Driver may install and operate approved recording devices within the vehicle, provided that such devices are used responsibly, lawfully and consistently with passengers’ reasonable expectations of privacy.

Where recording devices are installed, the Driver shall ensure that passengers are informed of their presence where notification is required by applicable law. The Driver shall not use recording equipment for unlawful surveillance, personal entertainment, social media publication, harassment or any purpose unrelated to legitimate operational, legal or safety interests.

Any recordings obtained during the provision of services through the BAJ Platform shall be stored securely and protected against unauthorised access. The Driver shall not alter, manipulate or selectively edit recordings for the purpose of misleading BAJ, passengers, insurers, regulatory authorities or any court or tribunal. Where BAJ reasonably requests access to relevant recordings for the investigation of an accident, complaint, safety incident or legal proceeding, the Driver shall cooperate to the extent permitted by law.

Nothing in this clause obliges BAJ to provide or maintain recording equipment, nor does BAJ accept responsibility for the maintenance, operation or legal compliance of recording devices installed independently by the Driver.

 

5.15 Insurance Requirements

Throughout the duration of this Agreement, the Driver shall maintain insurance appropriate to the operation of commercial passenger transport services and shall ensure that every vehicle operating through the BAJ Platform remains insured in accordance with all legal requirements and any additional standards reasonably specified by BAJ. The Driver acknowledges that insurance constitutes a fundamental safeguard for passengers, Drivers, BAJ and third parties who may be affected by the operation of the vehicle.

The Driver warrants that all insurance policies remain valid, current and enforceable and that all premiums are paid when due. The Driver further warrants that the insurer has been accurately informed of the commercial use of the vehicle and that the Driver has not made any material misrepresentation or omission that may prejudice insurance cover.

Where an insurance policy is cancelled, suspended, expires or becomes subject to material limitations affecting the operation of the vehicle, the Driver shall immediately notify BAJ and shall not continue providing services until appropriate replacement cover has been obtained. The Driver acknowledges that failure to maintain appropriate insurance may expose passengers and BAJ to significant financial risk and therefore constitutes a material breach of this Agreement.

Upon reasonable request, the Driver shall provide BAJ with certificates of insurance, policy schedules or other documentary evidence reasonably necessary to verify continuing compliance with this clause. BAJ’s review of such documentation shall not constitute legal advice, insurance advice or confirmation that the level of insurance maintained by the Driver is adequate for the Driver’s individual circumstances.

 

5.16 Accidents, Vehicle Damage and Incident Management

Where a vehicle operating through the BAJ Platform is involved in a collision, accident, fire, natural disaster, criminal damage or any other event that may affect its structural integrity or mechanical safety, the Driver shall immediately assess whether it is safe and lawful to continue operating the vehicle. Passenger safety shall remain the Driver’s overriding priority, and no commercial consideration shall justify continued operation where the vehicle may have been rendered unsafe.

Following any incident that may reasonably affect the vehicle’s roadworthiness, the Driver shall arrange for appropriate inspection and repair before returning the vehicle to service. The Driver acknowledges that cosmetic damage may, in some circumstances, indicate underlying structural defects requiring professional assessment and therefore agrees not to rely solely upon visual appearance when determining whether continued operation is appropriate.

The Driver shall promptly notify BAJ of any accident or incident materially affecting the vehicle’s condition and shall provide such information as BAJ reasonably requires for insurance administration, passenger support, regulatory compliance or operational assessment. Where photographs, repair estimates, engineering reports or insurer assessments become available, the Driver shall provide copies upon reasonable request.

Where BAJ reasonably concludes that the vehicle no longer satisfies Platform standards following an accident or incident, BAJ may suspend the vehicle from accepting further Bookings until satisfactory evidence demonstrates that all necessary repairs have been completed and the vehicle has been restored to an appropriate standard.

 

5.17 Replacement Vehicles and Temporary Vehicle Changes

The Driver acknowledges that circumstances may arise in which an approved vehicle becomes temporarily unavailable due to servicing, repairs, accidents, regulatory inspections or other unavoidable events. In such circumstances, the Driver may request approval to operate an alternative vehicle through the BAJ Platform, provided that the replacement vehicle satisfies the standards prescribed by this Agreement and receives prior approval from BAJ.

The Driver shall not substitute one vehicle for another without first obtaining BAJ’s approval except where BAJ has expressly established an expedited approval process for temporary vehicle replacements. The Driver acknowledges that passengers rely upon vehicle information displayed through the Platform, including make, model, registration details and photographs, and that unauthorised vehicle substitutions may compromise passenger safety and confidence.

Where a replacement vehicle is approved, such approval shall remain subject to the same continuing obligations applicable to all vehicles operating through the Platform. Approval of a temporary replacement shall not constitute permanent registration unless BAJ expressly confirms otherwise.

The Driver further acknowledges that repeated requests for temporary replacement vehicles may indicate underlying operational issues requiring further review, and BAJ reserves the right to investigate the circumstances where such requests become excessive or inconsistent with normal commercial operations.

 

5.18 Continuing Audit Rights

The Driver acknowledges that BAJ has a legitimate commercial and regulatory interest in ensuring that every vehicle operating through the Platform continues to satisfy the standards established by this Agreement. Accordingly, BAJ reserves the right, acting reasonably and in good faith, to conduct periodic compliance audits relating to vehicle documentation, maintenance history, insurance, licensing, inspections and other matters relevant to vehicle eligibility.

The Driver agrees to cooperate fully with such audits and to provide truthful, complete and timely information in response to any reasonable request. Where deficiencies are identified, BAJ may require corrective action within a reasonable period having regard to the nature and seriousness of the non-compliance. Where the deficiency presents an immediate risk to passenger safety or legal compliance, BAJ may suspend the vehicle pending completion of the required corrective action.

The Parties acknowledge that BAJ’s audit rights are preventative rather than punitive in nature and are intended to promote consistent standards across the Platform. However, deliberate concealment of information, falsification of records or repeated failures to cooperate with audit processes may constitute serious misconduct and may result in suspension or termination of this Agreement in accordance with its terms.

SECTION 6 – FARES, RIDE BIDDING, PAYMENTS, COMMISSIONS, DRIVER WALLET AND FINANCIAL OBLIGATIONS

 

6.1 Purpose and Scope

The Parties acknowledge that the financial relationship established through the BAJ Platform is fundamental to the successful operation of the marketplace. This Section governs the calculation, collection, processing and distribution of fares, commissions, service fees, incentives, refunds, adjustments and all other financial transactions arising from services facilitated through the BAJ Platform.

The Parties further acknowledge that BAJ operates a technology platform connecting passengers with independent Drivers and, where applicable, Driver Operators and Fleet Operators. The financial arrangements established under this Agreement are designed to ensure transparency, accuracy, accountability and efficiency while protecting the legitimate commercial interests of all participants in the Platform.

The Driver acknowledges that BAJ provides the technological infrastructure necessary to calculate fares, process payments, administer Ride Bidding, manage Driver Wallets, facilitate settlements, apply commissions, investigate payment disputes and maintain financial records. The Driver further acknowledges that BAJ’s financial systems may evolve over time as technology develops, legislation changes or new Platform services are introduced. Accordingly, the Driver agrees to comply with all reasonable financial procedures implemented by BAJ, provided such procedures are consistent with this Agreement and applicable law.

Nothing contained within this Section shall be interpreted as creating an employment relationship, partnership or joint venture between BAJ and the Driver. The financial arrangements described herein relate solely to the commercial operation of the BAJ Platform and the administration of payments arising from transport services facilitated through the Platform.

 

6.2 Nature of Passenger Fares

The Driver acknowledges that every fare displayed through the BAJ Platform represents the consideration payable by the passenger for the transport services requested through the Platform, together with any additional charges lawfully applicable to that particular Booking. Depending upon the category of service selected by the passenger, the fare may be determined through fixed pricing, Ride Bidding, distance and time calculations, airport pricing, tourism packages, long-distance pricing, promotional pricing, negotiated commercial agreements or any other pricing methodology adopted by BAJ.

The Driver acknowledges that the fare presented to the passenger through the Platform may comprise several individual components, including the transport charge, booking fees, airport access charges, toll charges, waiting charges, additional stop charges, applicable taxes, service fees or any other authorised component disclosed to the passenger before or during the Booking. The Driver shall not represent to passengers that only part of the displayed fare belongs to BAJ or that any component may be ignored, waived or privately negotiated unless expressly authorised through the Platform.

Where the Platform provides an estimated fare before commencement of a journey, the Driver acknowledges that such estimate may change where permitted under this Agreement due to authorised variations in route, waiting time, passenger-requested changes, additional destinations or circumstances beyond the reasonable control of either Party. Any adjustment shall be calculated strictly in accordance with BAJ’s pricing rules and shall not be manipulated by the Driver for personal financial advantage.

The Driver further acknowledges that BAJ may introduce new pricing models from time to time in response to market conditions, regulatory requirements, technological developments or commercial opportunities. Such pricing models may apply to particular service categories, geographic areas, promotional campaigns or commercial partnerships and shall become binding upon the Driver following reasonable notice provided through the Platform.

 

6.3 Ride Bidding Pricing System

The Driver acknowledges that Ride Bidding is a distinctive feature of the BAJ Platform that allows eligible Drivers to compete for passenger Bookings by submitting individual fare offers. The Driver further acknowledges that the integrity of the Ride Bidding system depends upon fair competition, genuine commercial decision-making and the absence of manipulation or collusion.

When submitting a Ride Bid, the Driver warrants that the quoted fare reflects a genuine offer to complete the requested service and that the Driver intends to honour that offer if selected by the passenger. The Driver shall not submit artificially low bids for the purpose of attracting Bookings with the intention of later demanding additional payment, nor shall the Driver submit inflated bids designed solely to discourage passenger acceptance or manipulate market pricing.

The Driver further agrees not to coordinate pricing with other Drivers, Driver Operators or Fleet Operators in a manner that restricts competition, artificially inflates fares or otherwise undermines the integrity of the BAJ marketplace. The use of automated software, multiple Driver Accounts, coordinated bidding arrangements or any technological method designed to distort competitive pricing is strictly prohibited.

Once a passenger accepts a Ride Bid, the agreed fare shall become contractually binding upon both the passenger and the Driver, subject only to adjustments expressly authorised under this Agreement. The Driver shall not seek to renegotiate the accepted fare during the journey unless the passenger voluntarily requests material changes to the Booking that justify a revised fare under BAJ’s operational rules.

The Driver acknowledges that BAJ may continuously improve the Ride Bidding algorithm to promote marketplace efficiency, reduce passenger waiting times, encourage fair competition and enhance Driver earning opportunities. Such improvements may affect bid visibility, ranking methodology, response times, pricing recommendations or other operational features without altering the underlying contractual obligations established by this Agreement.

 

6.4 Dynamic Pricing and Promotional Pricing

The Driver acknowledges that market demand for passenger transport fluctuates according to numerous factors including time of day, weather conditions, public events, traffic congestion, holidays, emergencies, airport activity, tourism demand and the availability of Drivers. In order to maintain an efficient marketplace capable of meeting passenger demand, BAJ may implement dynamic pricing mechanisms that adjust fares according to prevailing market conditions.

Where dynamic pricing applies, the Driver agrees that fare adjustments shall be calculated exclusively through the BAJ Platform and shall not be independently determined by the Driver. The Driver shall not represent to passengers that dynamic pricing has been personally imposed by the Driver or that additional payments outside the Platform are required because of increased demand.

BAJ may also introduce promotional pricing, discount programmes, loyalty rewards, marketing campaigns, referral incentives or commercial partnerships designed to encourage passenger growth or Driver participation. The Driver acknowledges that promotional discounts offered to passengers may, depending upon the applicable programme, be funded by BAJ, shared between BAJ and participating Drivers or otherwise administered in accordance with the terms of the relevant promotion. BAJ shall clearly communicate the financial impact of any promotion affecting Driver earnings before participation becomes mandatory.

Nothing contained within this clause obliges BAJ to maintain any particular pricing methodology indefinitely. BAJ reserves the right to modify pricing structures where reasonably necessary for commercial sustainability, regulatory compliance or operational efficiency, provided that material changes affecting Driver earnings are communicated with reasonable notice.

 

6.5 Driver Responsibility for Fare Integrity

The Driver acknowledges that passengers rely upon the accuracy and integrity of the BAJ Platform when making transport decisions. Accordingly, the Driver agrees to conduct all financial dealings honestly, transparently and in accordance with this Agreement.

The Driver shall not intentionally manipulate route selection, waiting time, trip commencement, trip completion, GPS information or any other operational feature for the purpose of increasing the fare payable by a passenger beyond the amount properly calculated under the BAJ Platform. Likewise, the Driver shall not intentionally shorten a journey, terminate a Booking prematurely or otherwise manipulate the Platform in a manner that deprives the passenger or BAJ of amounts properly payable under this Agreement.

The Driver further agrees not to demand cash payments where electronic payment has been selected through the Platform, refuse electronic payments in order to avoid Platform commissions or encourage passengers to cancel Platform Bookings so that transport services may be provided privately outside the BAJ Platform.

Where the Driver becomes aware of an error affecting fare calculations, duplicate payments, incorrect adjustments or any other financial irregularity, the Driver shall promptly notify BAJ and cooperate fully in correcting the error. The Parties acknowledge that occasional technical errors may occur despite reasonable precautions and agree to resolve such matters in good faith and in accordance with the dispute resolution provisions of this Agreement.

 

6.6 Financial Accuracy and Good Faith

The Parties acknowledge that mutual trust is essential to the operation of the BAJ Platform. The Driver therefore undertakes to maintain complete honesty in every financial interaction connected with the Platform and to refrain from any conduct that may reasonably be regarded as fraudulent, deceptive or misleading.

The Driver shall not create fictitious Bookings, artificially inflate trip volumes, manipulate incentive programmes, submit false reimbursement claims, misuse promotional credits, exploit software vulnerabilities or otherwise obtain financial benefits to which the Driver is not lawfully entitled. Similarly, the Driver shall not knowingly assist any other person to engage in fraudulent conduct affecting BAJ, passengers or other Platform users.

Where BAJ reasonably suspects fraudulent activity, BAJ may temporarily withhold payments, suspend Driver Wallet access, delay settlements or implement additional verification procedures while an investigation is undertaken. Such measures shall be exercised reasonably and only for so long as necessary to protect the legitimate financial interests of BAJ, passengers and other Platform participants.

The Driver acknowledges that any deliberate financial fraud may result not only in immediate termination of this Agreement but also in civil recovery proceedings, reporting to regulatory authorities and referral to law enforcement agencies where appropriate.

6.7 BAJ Platform Service Fee and Commission

The Driver acknowledges that BAJ has developed, owns and operates a sophisticated technology platform through which passengers and Drivers are connected, Bookings are managed, Ride Bidding is facilitated, payments are processed, customer support is provided, fraud prevention systems are maintained and numerous operational, technological and administrative services are delivered. In consideration of these services, BAJ is entitled to receive a Platform Service Fee, commission or other charges determined in accordance with the commercial arrangements applicable to the Driver’s Account.

The Driver acknowledges that the applicable commission structure may vary according to the category of transport service provided, the geographical area in which services are performed, commercial agreements negotiated with Driver Operators or Fleet Operators, promotional programmes, subscription models or any other pricing arrangements approved by BAJ. The existence of different commission structures for different Drivers, service categories or commercial partners shall not of itself constitute unfair treatment or discrimination, provided that such arrangements are established for legitimate commercial purposes.

Unless otherwise expressly agreed in writing, BAJ shall deduct its Platform Service Fee or commission directly from fares processed through the Platform before settlement of the remaining balance to the Driver, Driver Operator or Fleet Operator, as applicable. The Driver authorises BAJ to make such deductions automatically and acknowledges that each deduction constitutes payment for the ongoing operation, maintenance and development of the BAJ Platform and associated services.

BAJ reserves the right to review and amend its commission structure where reasonably necessary to respond to changes in operating costs, taxation, legislation, market conditions, technological developments or the introduction of new Platform services. Where any proposed amendment materially affects the Driver’s financial position, BAJ shall provide reasonable prior notice through the Platform before the revised commission structure takes effect.

Nothing contained in this Agreement guarantees that any particular commission rate shall remain unchanged for the duration of this Agreement, and the Driver acknowledges that continued use of the Platform following implementation of revised commission arrangements constitutes acceptance of those revised terms, subject always to any mandatory rights available under applicable law.

 

6.8 Driver Wallet

The Driver acknowledges that BAJ may operate a digital Driver Wallet through which earnings, commissions, incentives, adjustments, refunds, deductions and other financial transactions are administered. The Driver Wallet is provided solely as an operational feature of the BAJ Platform and does not constitute a bank account, deposit-taking facility, trust account or regulated financial product unless expressly required by applicable legislation.

Amounts displayed within the Driver Wallet represent financial transactions recorded by the BAJ Platform and may include completed trip earnings, pending settlements, promotional incentives, referral rewards, reimbursements, commission deductions, passenger adjustments, chargebacks, taxes or any other amounts properly recorded under this Agreement. The Driver acknowledges that certain transactions may remain pending while verification procedures, payment processing, fraud prevention reviews or dispute investigations are completed.

The Driver shall regularly review the Driver Wallet and promptly notify BAJ of any transaction that the Driver reasonably believes to be inaccurate. Failure to immediately identify an error shall not prevent either Party from correcting that error once discovered, provided the correction is made within any applicable limitation period established by law.

The Driver further acknowledges that access to the Driver Wallet may be temporarily restricted where reasonably necessary to investigate suspected fraud, comply with legal obligations, protect passenger funds, resolve payment disputes or maintain the security of the Platform. Any such restriction shall remain in effect only for so long as reasonably necessary to address the relevant circumstances.

 

6.9 Settlement of Driver Earnings

Subject to compliance with this Agreement, BAJ shall arrange settlement of Driver earnings in accordance with the payment schedule applicable to the Driver’s Account. Settlement periods may differ depending upon the payment method selected by the Driver, the category of service provided, banking arrangements, geographical location, commercial agreements or other operational considerations determined by BAJ.

The Driver acknowledges that payment processing involves third-party financial institutions whose operating procedures may affect the timing of settlements. Accordingly, while BAJ shall use reasonable efforts to initiate payments promptly, BAJ does not guarantee that funds will become immediately available in the Driver’s nominated bank account following processing. Delays caused by banking systems, payment processors, public holidays, technical failures or regulatory requirements shall not constitute a breach of this Agreement by BAJ where BAJ has acted reasonably and in good faith.

The Driver shall ensure that all banking information provided to BAJ remains accurate and current. BAJ shall not be responsible for losses arising from payments made to bank accounts nominated by the Driver where such information was incorrectly supplied or where unauthorised changes were made as a consequence of compromised account credentials attributable to the Driver’s failure to maintain appropriate security.

Where a payment cannot be completed due to inaccurate banking information, regulatory restrictions or other circumstances beyond BAJ’s reasonable control, BAJ may retain the funds until the matter has been resolved. During that period, the funds shall remain recorded within the Driver’s financial records but shall not accrue interest unless required by law.

 

6.10 Adjustments, Corrections and Financial Reconciliation

The Parties acknowledge that despite the implementation of sophisticated payment systems, occasional errors may occur in relation to fare calculations, commissions, payment allocations, promotional incentives, refunds or other financial transactions. Both Parties therefore agree to cooperate in correcting any genuine error promptly upon its discovery.

Where BAJ identifies that a Driver has received an overpayment, duplicate payment or any amount to which the Driver was not lawfully entitled, BAJ may recover that amount by deducting it from future settlements, offsetting it against other amounts payable to the Driver or requesting direct repayment where no further settlements are anticipated. Before making any significant recovery, BAJ shall provide the Driver with reasonable details explaining the basis of the adjustment unless immediate action is required to prevent fraud or comply with legal obligations.

Conversely, where BAJ determines that a Driver has been underpaid due to an administrative, technical or operational error, BAJ shall credit the outstanding amount to the Driver’s Wallet or otherwise arrange payment within a reasonable period after the error has been confirmed.

The Driver acknowledges that financial reconciliation is an essential component of the Platform’s operation and agrees to cooperate with reasonable requests for information required to verify transactions, investigate discrepancies or complete accounting procedures.

 

6.11 Passenger Refunds and Fare Adjustments

BAJ may, acting reasonably and in good faith, determine that a passenger is entitled to a full or partial refund where circumstances indicate that the service provided did not substantially comply with the Booking, applicable law, this Agreement or BAJ’s customer service standards. Such circumstances may include duplicate charging, technical payment errors, incomplete journeys, significant service failures, fraudulent conduct, verified complaints or any other situation in which BAJ reasonably concludes that a refund is appropriate.

Before deducting a substantial refund from a Driver’s earnings where the Driver may reasonably dispute responsibility, BAJ shall ordinarily provide the Driver with an opportunity to present relevant information unless immediate action is necessary to protect passengers, comply with payment network requirements or prevent financial loss. BAJ shall consider all relevant information fairly before making a final determination.

The Driver acknowledges that passenger satisfaction forms an essential part of BAJ’s commercial reputation and agrees that reasonable refunds issued in accordance with this Agreement do not constitute an admission of liability by BAJ or the Driver unless expressly stated otherwise. Where responsibility for a refund rests wholly or partly with the Driver, BAJ may recover the corresponding amount from future settlements in accordance with this Agreement.

Nothing contained within this clause limits any statutory rights available to passengers under applicable consumer protection legislation.

 

6.12 Chargebacks, Payment Reversals and Fraudulent Transactions

The Driver acknowledges that payments processed through banks, credit card networks, digital wallets or other financial institutions may occasionally become subject to chargebacks, payment reversals or fraud investigations initiated by payment providers or regulatory authorities. Such events may arise independently of BAJ’s actions and are governed in part by the operating rules of the relevant financial institution.

Where BAJ receives notice that a payment relating to a completed Booking has been reversed, disputed or identified as potentially fraudulent, BAJ may temporarily withhold settlement of the disputed amount while appropriate enquiries are undertaken. The Driver agrees to provide all information reasonably required to assist BAJ in responding to such investigations, including trip records, communications, receipts or any other evidence relevant to the transaction.

Where a chargeback is ultimately determined in favour of the payment provider or passenger and BAJ is required to refund the disputed amount, BAJ may recover from the Driver any earnings previously paid in respect of that transaction to the extent that the Driver has already received those funds and the Driver bears responsibility under this Agreement. Conversely, where the dispute is resolved in favour of BAJ or the Driver, any amounts withheld shall be released promptly following final determination.

The Driver acknowledges that fraudulent payment activity presents a significant risk to the integrity of the Platform and agrees to cooperate fully with BAJ in preventing, detecting and investigating such conduct.

6.13 Driver Incentives, Promotional Rewards and Referral Programmes

From time to time BAJ may introduce incentive programmes, promotional campaigns, referral rewards, performance bonuses, guaranteed earning programmes or other commercial initiatives designed to encourage passenger growth, improve service quality, increase Driver participation or promote particular transport services. Participation in any such programme shall be governed by the specific terms applicable to that programme together with the provisions of this Agreement.

Unless BAJ expressly guarantees an incentive in writing, the Driver acknowledges that promotional programmes are entirely discretionary and may be introduced, modified, suspended or withdrawn by BAJ at any time where reasonably necessary for commercial, operational or regulatory reasons. Participation in any incentive programme does not create an ongoing contractual entitlement to receive similar incentives in the future.

The Driver further acknowledges that BAJ may verify eligibility for any incentive before payment is made. Where BAJ reasonably believes that a Driver has manipulated Bookings, created artificial demand, established duplicate accounts, engaged in fraudulent referrals or otherwise attempted to improperly obtain incentive payments, BAJ may refuse payment, recover previously paid incentives, suspend the Driver’s participation in future programmes or take any other action permitted under this Agreement.

Where incentive payments are approved, such payments shall ordinarily be credited through the Driver Wallet and settled together with other earnings unless BAJ specifies an alternative payment method.

 

6.14 Driver Operators, Fleet Operators and Earnings Distribution

Where the Driver provides transport services under the authority of a Driver Operator or Fleet Operator approved by BAJ, the Driver acknowledges that financial settlements may be processed in accordance with the commercial arrangements established between BAJ, the Driver Operator, the Fleet Operator and the Driver.

Unless BAJ expressly agrees otherwise, BAJ shall not become a party to any private agreement governing the division of earnings between Drivers, Driver Operators or Fleet Operators. Responsibility for distributing earnings between those parties remains entirely with the parties to those private commercial arrangements.

Where BAJ has agreed to facilitate automated revenue sharing through the Platform, each participating party authorises BAJ to distribute earnings according to the allocation percentages or payment instructions recorded within the Platform. BAJ shall not be responsible for verifying the fairness or commercial reasonableness of those arrangements and may rely upon the payment instructions provided by the authorised account holder unless notified otherwise through approved Platform procedures.

Any dispute regarding the allocation of earnings between Drivers, Driver Operators or Fleet Operators shall not affect BAJ’s entitlement to deduct its Platform Service Fee or commission and shall not require BAJ to delay settlements unless required by law or where BAJ reasonably believes that fraud or unlawful conduct may have occurred.

 

6.15 Goods and Services Tax (GST), Income Tax and Other Tax Obligations

The Driver expressly acknowledges and agrees that they operate as an independent business and are solely responsible for complying with all taxation obligations arising from the provision of transport services through the BAJ Platform.

Unless otherwise expressly stated by BAJ in relation to a particular service or statutory requirement, all fares displayed to passengers through the BAJ Platform are GST-inclusive where Goods and Services Tax is applicable under New Zealand law. The Driver acknowledges that the fare received for a completed Booking includes any GST for which the Driver is legally liable. Accordingly, where the Driver is registered or becomes required to be registered for Goods and Services Tax, the Driver shall be solely responsible for identifying, reporting, accounting for and paying the GST component of the Driver’s earnings to Inland Revenue.

The Driver further acknowledges that BAJ does not pay the Driver’s Goods and Services Tax, income tax, ACC levies, provisional tax, withholding tax, KiwiSaver contributions, business expenses or any other taxation liability arising from the Driver’s business activities. BAJ merely facilitates the collection and settlement of passenger payments through the Platform and shall not be regarded as assuming any taxation responsibility that properly belongs to the Driver.

The Driver warrants that they will maintain appropriate accounting records, obtain independent taxation advice where necessary and comply with all obligations imposed by the Tax Administration Act 1994, the Goods and Services Tax Act 1985, the Income Tax Act 2007 and any other applicable taxation legislation. The Driver further agrees to indemnify BAJ against any claim, assessment, penalty, interest or liability arising from the Driver’s failure to properly account for taxation obligations for which the Driver is legally responsible.

Nothing contained within this Agreement shall be interpreted as creating an obligation upon BAJ to calculate the Driver’s taxable income, prepare taxation returns, determine GST registration requirements or provide taxation advice. The Driver acknowledges that responsibility for taxation compliance remains exclusively with the Driver and any professional advisers retained by the Driver.

 

6.16 Right of Set-Off

The Driver agrees that BAJ may, acting reasonably and in good faith, deduct or set off against any amounts otherwise payable to the Driver any amount that the Driver lawfully owes to BAJ under this Agreement. Such amounts may include unpaid Platform Service Fees, commission adjustments, overpayments, duplicate payments, approved passenger refunds, chargebacks, fraudulent transactions, contractual debts, administrative charges expressly authorised under this Agreement or any other amount that has become properly payable by the Driver.

Except where immediate action is reasonably necessary to prevent fraud, comply with legal obligations or protect passenger funds, BAJ shall provide the Driver with reasonable notice explaining the basis of any significant set-off before the deduction is made. The Driver shall have an opportunity to raise any genuine dispute concerning the proposed deduction in accordance with the dispute resolution procedures established under this Agreement.

Where the amount owed by the Driver exceeds the balance available for deduction, BAJ may recover the outstanding amount through future settlements or pursue any other lawful remedy available under this Agreement or applicable law.

 

6.17 Financial Records and Audit

The Driver shall maintain complete and accurate financial records relating to transport services provided through the BAJ Platform for the period required by applicable law. Such records shall be sufficient to demonstrate compliance with taxation obligations, regulatory requirements and the financial provisions of this Agreement.

BAJ may, where reasonably necessary to verify compliance with this Agreement, request access to information reasonably relevant to Platform transactions, including invoices, receipts, taxation records, settlement statements or other financial documents relating to services provided through the Platform. Any such request shall be limited to information reasonably necessary for the purpose of the audit, investigation or compliance review and shall be conducted in a manner that respects the confidentiality of the Driver’s broader business affairs.

The Driver acknowledges that BAJ’s audit rights are intended to protect the integrity of the Platform, ensure compliance with applicable legislation and investigate suspected fraud or material financial irregularities. BAJ shall exercise those rights reasonably and shall not require disclosure of information unrelated to the operation of the BAJ Platform.

 

6.18 Survival of Financial Obligations

The termination, suspension or expiry of this Agreement shall not affect any financial rights or obligations that accrued before the effective date of termination. The Driver remains responsible for the payment of any outstanding amounts lawfully owed to BAJ, while BAJ remains responsible for settling any undisputed earnings properly payable to the Driver, subject to the deductions, adjustments and verification procedures permitted by this Agreement.

The provisions relating to taxation, financial reconciliation, debt recovery, indemnities, record retention, audit rights, confidentiality and dispute resolution shall survive termination to the extent necessary to give effect to their intended purpose.

6.19 Platform Fare Structure and BAJ Pricing Authority

The Driver expressly acknowledges that the BAJ Platform operates using pricing methodologies developed and controlled exclusively by BAJ. In order to maintain consistency, fairness, operational efficiency and commercial sustainability across the Platform, BAJ shall have the sole and absolute discretion, acting reasonably and in good faith, to establish, modify, suspend or replace any pricing parameter applicable to any service offered through the Platform.

Without limiting the generality of this clause, BAJ may determine or amend base fares, minimum fares, maximum fares, booking fees, Ride Bidding parameters, dynamic pricing rules, airport charges, toll charges, waiting charges, cancellation fees, no-show fees, long-distance pricing, tourism pricing, hourly pricing, fixed-route pricing, subscription pricing, promotional pricing, convenience fees, service charges, operator dispatch fees, Driver Operator fees, Fleet Operator pricing structures and any other pricing component used within the Platform.

The Driver acknowledges that BAJ may establish different pricing structures for different cities, regions, airports, transport categories, vehicle classes, tourism products, Driver Operators, Fleet Operators, corporate clients, government contracts, commercial partners, promotional campaigns or any other category reasonably determined by BAJ.

The Driver shall not acquire any vested right to a particular pricing model merely because it has previously applied to the Driver or to any Booking. BAJ may introduce revised pricing methodologies whenever reasonably necessary to respond to market conditions, competition, legislation, inflation, fuel costs, operational requirements, customer demand, technological developments or commercial strategy.

Nothing contained within this Agreement obliges BAJ to maintain identical pricing across all services or geographical areas, and the Driver acknowledges that commercial flexibility is essential to the successful operation of a nationwide transport marketplace.

 

6.20 Driver Wallet System

The Driver acknowledges that the Driver Wallet forms the central financial account through which all financial transactions relating to the Driver’s participation on the BAJ Platform are administered.

The Driver Wallet shall record, among other things, recharge payments, passenger fare settlements, commissions, Platform Service Fees, convenience fees, dispatch charges, operator network charges, promotional incentives, bonuses, refunds, adjustments, penalties, chargebacks, administrative fees, taxes where applicable, credits and any other financial transaction arising under this Agreement.

The Driver further acknowledges that the Driver Wallet operates as a continuously adjusted ledger rather than a conventional banking facility. The balance displayed within the Driver Wallet represents the current financial position between BAJ and the Driver and may increase or decrease automatically as transactions occur through the Platform.

BAJ may improve, redesign or introduce additional Wallet functionality from time to time in order to improve operational efficiency, reduce fraud, introduce new services or comply with legislative requirements.

 

6.21 Driver Wallet Recharge

The Driver agrees that participation on the BAJ Platform may require the Driver to maintain a positive Wallet balance.

The Driver may recharge the Driver Wallet using payment methods approved by BAJ from time to time, including bank transfer, debit card, credit card, internet banking, electronic funds transfer, payment gateway, digital wallet or any other payment method made available through the Platform.

Recharge funds shall become available within the Driver Wallet once successfully received and verified through BAJ’s payment systems. BAJ shall not be responsible for delays caused by banks, payment gateways, telecommunications failures or payment processing institutions beyond BAJ’s reasonable control.

BAJ reserves the right to establish minimum recharge amounts, maximum transaction values, processing limits, anti-money laundering verification procedures and payment security requirements where reasonably necessary to protect the Platform and comply with applicable legislation.

Recharge payments are intended solely for use within the BAJ Platform unless BAJ expressly agrees otherwise in writing.

 

6.22 Automatic Wallet Deductions

The Driver expressly authorises BAJ to automatically deduct from the Driver Wallet any amount properly payable under this Agreement without obtaining separate approval for each individual deduction.

Such deductions may include, without limitation, Platform Service Fees, commissions, convenience fees, payment processing charges, dispatch fees, Operator Network charges, Driver Operator charges, Fleet Operator charges, promotional contribution charges, subscription fees, advertising fees, penalties authorised under this Agreement, passenger refunds, chargebacks, financial adjustments, overpayments, administrative fees, taxes required by law, legal recoveries and any other amount lawfully payable by the Driver to BAJ or through the BAJ Platform.

The Driver acknowledges that automatic deductions are essential for the efficient operation of the Platform and minimise unnecessary administrative costs while allowing financial settlements to occur in real time.

Where multiple deductions become payable simultaneously, BAJ may determine the order in which deductions are applied.

 

6.23 Minimum Wallet Balance Requirement

The Driver acknowledges that maintaining a sufficient Wallet balance forms an essential operational requirement of the BAJ Platform.

Where the Wallet balance falls below the minimum balance established by BAJ from time to time, BAJ may temporarily restrict some or all Platform functions until the Wallet has been recharged to the required level.

Such restrictions may include preventing acceptance of new Bookings, preventing participation in Ride Bidding, suspending access to Operator Network dispatches, disabling Driver availability, restricting withdrawal of earnings or limiting other Platform functions necessary to protect BAJ from unpaid financial obligations.

The Driver acknowledges that these restrictions are preventative rather than punitive and are intended to ensure the efficient financial operation of the Platform.

 

6.24 Mandatory Wallet Balance for Operator Network Dispatch

The Driver expressly acknowledges that participation within the BAJ Operator Network requires the maintenance of an active Driver Wallet with sufficient available balance.

Accordingly, a Driver whose Wallet balance falls below the minimum amount prescribed by BAJ shall not be eligible to receive, accept, dispatch or complete Bookings allocated through the Operator Network until the Wallet has been recharged to the required minimum balance.

The Driver accepts that this requirement protects BAJ, Driver Operators, Fleet Operators and passengers by ensuring that Platform charges, dispatch fees and related financial obligations can be settled automatically.

The Driver further agrees that BAJ shall not be liable for any loss of earnings resulting from the Driver’s failure to maintain the required Wallet balance.

 

6.25 Wallet Expiry Following Inactivity

The Driver acknowledges that the Driver Wallet is maintained solely for the operation of the BAJ Platform and is not intended to function as a long-term stored-value account.

Where no Booking, recharge, settlement, withdrawal or other financial activity occurs within the Driver Wallet for a continuous period of three (3) months, BAJ may classify the Wallet as inactive.

Before applying any expiry process, BAJ shall provide reasonable notice to the Driver through the Platform, by email or by any other communication method ordinarily used by BAJ.

If the Driver fails to reactivate the Wallet within the period specified in that notice, BAJ may suspend the Wallet and any remaining promotional credits, bonus credits, loyalty credits or other non-cash incentives associated with the Wallet may expire.

Where permitted by applicable law and after making reasonable efforts to contact the Driver, BAJ may also close inactive Wallets. Any treatment of remaining monetary balances will comply with applicable New Zealand law, including obligations relating to unclaimed money. BAJ will not appropriate a Driver’s remaining cash balance contrary to law.

The Driver acknowledges that this inactivity policy assists BAJ in maintaining accurate financial records, reducing fraud risks and efficiently administering inactive accounts.

 

6.26 Negative Wallet Balance

Where the Driver Wallet enters a negative balance for any reason, including refunds, chargebacks, commission adjustments, administrative corrections or any other lawful deduction, the Driver shall promptly restore the Wallet to a positive balance.

BAJ may suspend the Driver from accepting further Bookings until the outstanding balance has been paid.

If the negative balance remains unpaid after reasonable notice, BAJ may recover the outstanding amount through future settlements, debt recovery proceedings or any other lawful remedy available under this Agreement.

6.27 Monthly Subscription Plans

The Driver acknowledges that BAJ may, at its sole discretion, introduce one or more subscription plans for access to particular services, Platform features, geographical service areas, vehicle categories, Operator Networks or commercial programmes. Such subscription plans may operate in place of, or in addition to, Platform Service Fees, commissions or other charges described in this Agreement.

The Driver may only participate in a subscription plan after accepting the applicable commercial terms published by BAJ. Unless otherwise expressly stated, subscription fees shall be payable in advance and shall remain due regardless of the number of Bookings accepted or completed during the relevant subscription period.

BAJ reserves the right to establish different subscription plans for different categories of Drivers, Driver Operators, Fleet Operators, geographical regions, vehicle classes, tourism services, airport services, corporate transport services or any other category determined by BAJ from time to time.

Unless prohibited by applicable law, subscription fees shall be non-refundable once the applicable subscription period has commenced, except where BAJ determines otherwise in its absolute discretion or where a refund is required by law.

Where a subscription fee remains unpaid, BAJ may suspend or restrict access to the relevant services until payment has been received. Continued use of subscription-based services following renewal shall constitute acceptance of the subscription charges applicable at that time.

Nothing in this Agreement obliges BAJ to continue offering any particular subscription model, and BAJ may introduce, amend or discontinue subscription plans upon providing reasonable notice through the Platform.

 

6.28 Debt Recovery and Recovery Costs

The Driver acknowledges that any amount lawfully owing to BAJ under this Agreement constitutes a debt immediately due and payable upon demand unless another payment period is expressly provided.

Where the Driver fails to pay any outstanding amount within the period specified by BAJ, BAJ may, after providing reasonable notice, take such lawful action as it considers appropriate to recover the debt. Without limiting its rights under this Agreement or at law, BAJ may recover the outstanding amount by deducting it from the Driver Wallet, future settlements, incentive payments, bonuses or any other monies payable to the Driver.

If the outstanding amount remains unpaid, BAJ may appoint solicitors, licensed debt collection agencies, recovery agents or any other authorised recovery service to recover the debt.

To the extent permitted by New Zealand law, the Driver agrees to indemnify BAJ for all reasonable costs and expenses actually incurred in recovering overdue amounts arising from the Driver’s default, including legal costs on a solicitor-client basis where awarded or recoverable, court filing fees, enforcement costs, licensed debt collection fees, tracing costs, investigator’s fees, recovery agent charges and any other reasonable expenses directly associated with recovering the debt.

The appointment of a debt recovery agency shall not prevent BAJ from exercising any other remedy available under this Agreement or applicable law.

SECTION 7 – DRIVER WALLET, PLATFORM CREDITS, SUBSCRIPTIONS AND FINANCIAL CONTROLS

7.1 Purpose

The Parties acknowledge that the BAJ Driver Wallet forms an integral component of the BAJ Platform and is designed to facilitate the efficient administration of financial transactions between BAJ, Drivers, Driver Operators, Fleet Operators and other authorised Platform participants. The Driver Wallet enables the automatic processing of Platform charges, subscription fees, commissions, convenience fees, dispatch charges, promotional credits, settlements, adjustments and other financial transactions arising from the Driver’s participation in the Platform.

The Driver acknowledges that the Driver Wallet is a proprietary operational feature of the BAJ Platform and does not constitute a bank account, stored value facility, trust account, electronic money account or financial product unless expressly required by applicable law.

 

7.2 BAJ Ownership and Control of the Wallet System

The Driver acknowledges that the Driver Wallet software, transaction engine, recharge system, accounting methodology, financial rules and associated technology are developed, owned and controlled exclusively by BAJ.

BAJ may introduce new Wallet functions, recharge methods, withdrawal facilities, credit systems, subscription models, automated billing processes, promotional credits, loyalty programmes, digital payment technologies or other financial services whenever BAJ reasonably considers such improvements necessary for the operation or development of the Platform.

Nothing in this Agreement obliges BAJ to maintain any particular Wallet functionality indefinitely.

 

7.3 Wallet Transactions

The Driver agrees that the Driver Wallet may record every financial transaction connected with the Driver’s participation on the Platform including, without limitation:

passenger fare settlements;

Platform commissions;

Platform Service Fees;

convenience charges;

Operator Network dispatch fees;

Driver Operator fees;

Fleet Operator charges;

subscription fees;

marketing contributions;

advertising fees;

airport access charges;

booking fees;

payment gateway charges;

manual adjustment entries;

refunds;

chargebacks;

bonuses;

referral rewards;

promotional incentives;

Wallet recharge transactions;

debt recovery deductions;

administrative fees;

penalties authorised under this Agreement;

government levies required by law; and

any other financial transaction relating to the operation of the BAJ Platform.

The Driver acknowledges that the Wallet balance may increase or decrease automatically whenever authorised transactions occur.

 

7.4 Wallet Recharge

The Driver agrees to maintain sufficient funds within the Driver Wallet whenever required by BAJ for the operation of Platform services.

Wallet recharges may be completed using payment methods approved by BAJ including internet banking, debit cards, credit cards, payment gateways, digital wallets, electronic funds transfer or any other payment method introduced by BAJ.

Recharge funds shall become available only after successful verification by BAJ’s payment systems.

BAJ reserves the right to establish minimum recharge values, maximum recharge limits, transaction limits, fraud prevention measures, payment verification requirements and anti-money laundering procedures.

Recharge payments are non-interest bearing.

 

7.5 Mandatory Wallet Balance

The Driver acknowledges that BAJ may prescribe minimum Wallet balances for different Platform services.

Where the Wallet balance falls below the required minimum, BAJ may automatically suspend or restrict any Platform functionality until the Driver restores the required balance.

Such restrictions may include:

refusing Ride Bids;

preventing acceptance of passenger Bookings;

preventing receipt of Operator Network dispatches;

preventing dispatch of rides by Driver Operators;

preventing Fleet dispatch functions;

preventing withdrawal of earnings;

restricting Platform access;

or temporarily placing the Driver Offline.

The Driver acknowledges that these restrictions protect the financial integrity of the Platform and are not disciplinary action.

 

7.6 Operator Network Wallet Requirement

The Driver expressly agrees that participation within the BAJ Operator Network is conditional upon maintaining the minimum Wallet balance prescribed by BAJ.

A Driver whose Wallet balance is below the prescribed level shall not be entitled to:

receive Operator dispatches;

dispatch work to other Drivers;

participate in Driver Operator activities;

receive Fleet allocations;

or otherwise participate in the Operator Network.

The Driver acknowledges that BAJ shall have no liability whatsoever for any loss of earnings arising from suspension resulting from insufficient Wallet balance.

 

7.7 Automatic Financial Deductions

The Driver irrevocably authorises BAJ to automatically deduct from the Driver Wallet any amount lawfully payable under this Agreement without obtaining further consent for each individual transaction.

Without limitation, automatic deductions may include:

Platform commissions;

Platform Service Fees;

convenience fees;

subscription charges;

monthly membership fees;

dispatch charges;

Driver Operator charges;

Fleet Operator charges;

advertising charges;

payment gateway charges;

chargebacks;

approved passenger refunds;

taxes required by law;

administrative charges;

penalties;

interest lawfully payable;

debt recovery costs;

court costs;

legal expenses recoverable under this Agreement;

and any other lawful amount payable by the Driver.

The Driver acknowledges that automatic deductions form a fundamental condition of participation on the BAJ Platform.

 

7.8 Wallet Credit Facility

Where BAJ introduces a Wallet credit facility, overdraft facility or deferred payment arrangement, the Driver acknowledges that such facility is entirely discretionary.

BAJ may approve, reduce, suspend or withdraw any credit facility at any time without creating any obligation to continue providing credit.

Any Wallet credit shall become immediately repayable whenever requested by BAJ or immediately upon suspension or termination of this Agreement unless BAJ expressly agrees otherwise in writing.

 

7.9 Monthly Subscription Plans

BAJ may establish monthly, quarterly, annual or other recurring subscription plans for participation in particular services offered through the Platform.

Subscription plans may apply to individual Drivers, Driver Operators, Fleet Operators, airport services, tourism services, premium services, dispatch systems, advertising packages or any other commercial service provided through the Platform.

Unless otherwise agreed, subscription fees shall be automatically deducted from the Driver Wallet on the applicable renewal date.

Where sufficient Wallet funds are unavailable, BAJ may suspend access to the relevant subscription services until payment has been successfully processed.

The Driver acknowledges that continued use of subscription services following renewal constitutes acceptance of the applicable subscription fee.

 

7.10 Wallet Inactivity

The Driver acknowledges that the Driver Wallet exists solely for the operation of the BAJ Platform.

Where the Driver Wallet records no recharge, Booking, settlement, withdrawal or other financial activity for a continuous period of three (3) months, BAJ may classify the Wallet as inactive.

BAJ may provide notice requesting the Driver to reactivate the Wallet within a reasonable period.

If the Driver fails to do so, BAJ may suspend the Wallet, close the Wallet account, cancel access credentials and expire promotional credits, referral rewards, bonus credits, loyalty credits or similar non-cash benefits associated with the Wallet.

Any remaining monetary balance shall be dealt with in accordance with applicable New Zealand law governing unclaimed money and contractual debts. Nothing in this clause authorises BAJ to confiscate or retain a Driver’s money contrary to law.

 

7.11 Debt Recovery

Where the Driver fails to pay any amount due under this Agreement, BAJ may recover the outstanding debt by any lawful means available.

Without limitation, BAJ may:

deduct the amount from the Driver Wallet;

deduct the amount from future earnings;

deduct the amount from bonuses or incentives;

set off the amount against any monies payable to the Driver;

suspend the Driver Account;

terminate this Agreement;

appoint solicitors;

appoint licensed debt collection agencies;

appoint recovery agents;

commence court proceedings;

or enforce any judgment obtained against the Driver.

The Driver agrees to indemnify BAJ for all reasonable costs actually incurred in recovering overdue debts arising from the Driver’s breach of this Agreement, including solicitor and client legal costs where recoverable, court filing fees, enforcement expenses, tracing fees, investigator’s charges, debt collection agency fees, recovery agent commissions and any other reasonable costs directly associated with debt recovery, to the extent permitted by New Zealand law.

SECTION 8 – BOOKINGS, DISPATCH, OPERATOR NETWORK AND PLATFORM OPERATIONS

 

8.1 Purpose

The Parties acknowledge that the BAJ Platform is designed to facilitate the efficient allocation, acceptance, management and completion of passenger transport services through a technology-driven marketplace. This Section governs the operational rules applicable to Bookings, Ride Bidding, Operator Network dispatching, Driver availability, Driver Operators, Fleet Operators and all other methods by which transport requests are allocated through the Platform.

The Driver acknowledges that the BAJ Platform may operate different dispatch methodologies for different services, geographical locations, customer categories or commercial partners. The Driver agrees to comply with the operational rules applicable to each Booking accepted through the Platform.

 

8.2 BAJ’s Sole Authority Over Dispatch Operations

The Driver acknowledges that BAJ retains exclusive ownership, control and discretion over the operation of the Platform’s dispatch systems, booking algorithms, Ride Bidding engine, Driver matching technology, priority systems, queue management systems and all other mechanisms used to allocate Bookings.

BAJ may establish, modify or discontinue any dispatch methodology whenever reasonably necessary for operational efficiency, passenger service, marketplace balance, regulatory compliance, technological improvements or commercial strategy.

The Driver acknowledges that no Driver acquires any contractual right to receive a minimum number of Bookings, any particular category of Booking, preferential dispatch treatment or continued access to any particular dispatch methodology.

 

8.3 Booking Allocation Methods

Bookings may be allocated by BAJ using one or more allocation methods, including but not limited to automatic dispatch, Ride Bidding, nearest available Driver allocation, airport queue management, Driver Operator dispatch, Fleet Operator dispatch, tourism allocation, scheduled bookings, corporate dispatch, preferred Driver selection, artificial intelligence matching, manual dispatch by authorised operators or any other dispatch methodology developed by BAJ.

BAJ may apply different allocation methods to different transport services without obtaining separate consent from Drivers.

The Driver agrees that BAJ shall determine which allocation method applies to each Booking.

 

8.4 No Guarantee of Work

The Driver acknowledges that registration with the BAJ Platform does not guarantee any minimum income, minimum number of Bookings, minimum working hours or minimum utilisation rate.

Booking availability depends upon passenger demand, Driver availability, market conditions, geographical location, competition, pricing, Ride Bidding outcomes, customer preferences, Platform algorithms and numerous other factors beyond BAJ’s reasonable control.

The Driver accepts the commercial risks associated with operating an independent transport business and acknowledges that BAJ makes no representation regarding future earnings.

 

8.5 Driver Availability

The Driver retains complete discretion regarding the days, hours and locations in which the Driver chooses to make themselves available through the Platform, subject to compliance with this Agreement and applicable legislation.

The Driver may activate or deactivate availability at any time unless participating in a pre-arranged Booking, scheduled transport service, corporate assignment or any other commitment previously accepted through the Platform.

The Driver acknowledges that repeated activation without genuine intention to accept work, frequent cancellations immediately after becoming available or other conduct that disrupts the efficient operation of the Platform may adversely affect dispatch priority or constitute misconduct under this Agreement.

 

8.6 Acceptance of Bookings

Where a Booking is offered to the Driver through the Platform, the Driver may accept or decline the Booking unless participation in a particular dispatch programme requires mandatory acceptance under separately agreed commercial arrangements.

Once the Driver accepts a Booking, the Driver enters into a contractual obligation to complete that Booking professionally and in accordance with this Agreement unless cancellation becomes reasonably necessary due to safety concerns, legal requirements, vehicle breakdown, passenger misconduct, emergency circumstances or other legitimate operational reasons.

The Driver shall not accept Bookings solely for the purpose of preventing allocation to competing Drivers.

 

8.7 Driver Cancellations

The Driver acknowledges that unnecessary cancellations adversely affect passengers, other Drivers and the reputation of the BAJ Platform.

Accordingly, the Driver agrees not to cancel accepted Bookings except where cancellation is reasonably justified by circumstances beyond the Driver’s control or by legitimate safety, legal or operational concerns.

BAJ may monitor cancellation patterns and may investigate repeated cancellations, selective acceptance practices, discriminatory conduct, manipulation of dispatch systems or any behaviour indicating misuse of the Platform.

Where cancellation patterns materially disrupt Platform operations, BAJ may require additional training, temporarily reduce dispatch priority, suspend access to certain services or take other reasonable action permitted under this Agreement.

 

8.8 Passenger Cancellations

Passengers may cancel Bookings in accordance with BAJ’s cancellation policies applicable to the relevant service category.

Where cancellation charges apply, BAJ shall determine the amount payable in accordance with the pricing rules applicable to the Booking.

The Driver acknowledges that cancellation charges remain subject to adjustment where technical errors, payment disputes, fraudulent activity or exceptional circumstances arise.

 

8.9 Operator Network Dispatch

The Driver acknowledges that BAJ operates an integrated Operator Network allowing approved Driver Operators and Fleet Operators to dispatch transport services using BAJ technology.

Participation in the Operator Network is conditional upon maintaining an active Driver Account, complying with all Platform requirements and maintaining any minimum Wallet balance prescribed by BAJ.

Operator dispatches may be allocated manually, automatically or through intelligent dispatch systems developed by BAJ.

The Driver agrees that acceptance of an Operator dispatch creates the same contractual obligations as acceptance of any other Booking facilitated through the Platform.

 

8.10 Dispatch Priority

BAJ may establish dispatch priority systems for operational efficiency.

Dispatch priority may take into consideration numerous factors including, without limitation:

the Driver’s proximity to the passenger;

vehicle suitability;

service category;

Ride Bidding results;

customer preferences;

airport queue position;

tourism specialisation;

corporate requirements;

historical service quality;

Driver ratings;

completion rates;

cancellation history;

Wallet compliance;

subscription status;

commercial programmes;

fleet allocation;

Driver Operator allocation;

artificial intelligence recommendations;

traffic conditions;

or any other operational factor reasonably considered relevant by BAJ.

The Driver expressly acknowledges that the dispatch algorithm constitutes confidential intellectual property belonging exclusively to BAJ.

BAJ shall have no obligation to disclose the detailed operation of its dispatch algorithms or priority calculations.

 

8.11 Platform Operational Improvements

The Driver acknowledges that BAJ is a developing technology platform and may continuously improve its software, dispatch systems, artificial intelligence, Ride Bidding mechanisms, payment systems, navigation systems, safety technologies, fraud prevention systems and customer service tools.

Accordingly, BAJ reserves the right to introduce software updates, modify Platform functionality, replace operational procedures, implement new technologies and discontinue outdated systems whenever reasonably necessary.

The Driver agrees to install application updates within a reasonable time after release and acknowledges that continued use of outdated software may result in restricted functionality or temporary suspension where necessary to protect Platform security or operational integrity.

SECTION 9 – DRIVER OPERATORS, FLEET OPERATORS, DISPATCH NETWORKS AND COMMERCIAL PARTICIPATION

 

9.1 Purpose

The Parties acknowledge that the BAJ Platform has been designed to operate as a comprehensive multi-service transport marketplace that enables independent Drivers, Driver Operators, Fleet Operators and other approved commercial participants to utilise BAJ’s technology platform for the allocation, management and completion of passenger transport services.

The Driver acknowledges that the Driver Operator and Fleet Operator systems are proprietary commercial features developed by BAJ to improve service availability, reduce passenger waiting times, expand geographical coverage, encourage business growth and provide flexible operating models for participants using the Platform.

Nothing contained in this Agreement shall be interpreted as creating a partnership, franchise, agency, joint venture, employment relationship or fiduciary relationship between BAJ and any Driver, Driver Operator or Fleet Operator. Each participant remains an independent business responsible for its own commercial decisions, legal obligations and financial affairs.

 

9.2 BAJ’s Ownership of the Operator Network

The Driver acknowledges that the Operator Network, including its dispatch software, business model, allocation methodology, operating procedures, commercial rules, algorithms, user interfaces and supporting technology, has been exclusively developed by BAJ and forms part of BAJ’s valuable intellectual property.

Participation within the Operator Network grants only a limited, revocable and non-exclusive right to use those services in accordance with this Agreement. No Driver acquires any ownership interest in the Operator Network, dispatch software, customer database, pricing methodology, commercial model or any associated intellectual property.

BAJ reserves the unrestricted right to modify, expand, suspend, discontinue or replace any part of the Operator Network where reasonably necessary for commercial, operational, legal or technological reasons.

 

9.3 Appointment of Driver Operators

Subject to BAJ’s approval, an eligible Driver may apply to become a Driver Operator through the Platform.

Approval as a Driver Operator shall remain entirely at BAJ’s discretion and may be granted subject to additional eligibility criteria, operational standards, financial requirements, compliance obligations, insurance requirements, training programmes or commercial conditions determined by BAJ from time to time.

Approval as a Driver Operator does not create any exclusive territory, monopoly, guaranteed income, permanent appointment or continuing right to participate within the Operator Network.

BAJ may approve multiple Driver Operators within the same geographical area where BAJ considers such approval beneficial for passengers or the efficient operation of the Platform.

 

9.4 Appointment of Fleet Operators

BAJ may approve businesses or individuals operating multiple vehicles to participate as Fleet Operators.

Fleet Operators may manage one or more Drivers, one or more vehicles or one or more transport services through the Platform subject to compliance with this Agreement and any additional Fleet Operator Agreement executed with BAJ.

Fleet approval remains discretionary and may be withdrawn where BAJ reasonably concludes that operational, financial, regulatory or safety requirements are no longer being satisfied.

Nothing in this Agreement guarantees that Fleet Operators will receive any minimum volume of Bookings or preferential treatment unless expressly agreed by BAJ in writing.

9.5 Commercial Independence

Each Driver, Driver Operator and Fleet Operator acknowledges that they operate their own independent business.

Each participant is solely responsible for:

their taxation obligations;

employment obligations;

insurance;

ACC obligations;

vehicle ownership;

fuel;

maintenance;

repairs;

licensing;

business expenses;

employees;

contractors;

subcontractors;

professional advisers;

and every other cost associated with operating their own business.

BAJ neither supervises nor controls the day-to-day operation of each independent business beyond the operational requirements reasonably necessary to protect passengers, comply with legislation and maintain Platform standards.

 

9.6 Operator Dispatch Rights

Subject to continued compliance with this Agreement, BAJ may permit approved Driver Operators and Fleet Operators to allocate Bookings using dispatch functionality provided through the Platform.

Dispatch rights may include manual dispatch, automated dispatch, scheduled dispatch, corporate dispatch, airport dispatch, tourism dispatch, emergency dispatch, regional dispatch or any other dispatch functionality developed by BAJ.

The Driver acknowledges that dispatch rights remain conditional upon continuing compliance with Platform requirements, including maintenance of any prescribed Wallet balance, subscription requirements, operational standards, payment obligations and regulatory compliance.

BAJ reserves the right to suspend dispatch privileges immediately where reasonably necessary to protect passengers, maintain Platform integrity or ensure legal compliance.

 

9.7 Operator Responsibilities

Every Driver Operator and Fleet Operator shall exercise dispatch functions fairly, honestly and professionally.

Without limiting this obligation, Operators shall not:

allocate work in a discriminatory manner;

accept secret payments for dispatch priority;

manipulate dispatch queues;

create fictitious Bookings;

artificially inflate demand;

operate duplicate accounts;

misuse passenger information;

misuse Driver information;

favour related parties contrary to Platform rules;

interfere with Ride Bidding;

attempt to bypass BAJ financial systems;

or otherwise manipulate the operation of the Platform.

Operators acknowledge that dispatch authority is granted solely for legitimate business purposes.

 

9.8 BAJ Oversight

The Driver acknowledges that BAJ retains continuous supervisory authority over every component of the Operator Network.

Accordingly, BAJ may monitor dispatch activity, booking allocation, acceptance rates, cancellations, customer complaints, response times, dispatch decisions, financial transactions, communications, operational performance and other matters reasonably necessary for the proper operation of the Platform.

Where BAJ reasonably believes that an Operator has failed to comply with this Agreement, BAJ may investigate the matter and require corrective action before permitting continued participation.

Nothing in this Agreement limits BAJ’s right to temporarily suspend dispatch privileges during an investigation where such suspension is reasonably necessary to protect passengers or the Platform.

 

9.9 No Exclusive Territory

Unless BAJ expressly agrees otherwise in writing, no Driver, Driver Operator or Fleet Operator shall acquire any exclusive right to operate within any city, airport, region, tourism area, transport category, dispatch zone or geographical location.

BAJ may establish additional Driver Operators, Fleet Operators or dispatch centres within any area whenever BAJ reasonably considers such action necessary for commercial growth, improved passenger service or operational efficiency.

The Driver expressly waives any claim arising solely because BAJ approves additional participants within the same operating area.

 

9.10 Operator Performance Standards

Driver Operators and Fleet Operators shall maintain operational standards reasonably prescribed by BAJ.

Performance may be assessed having regard to matters including:

service availability;

dispatch efficiency;

customer satisfaction;

complaint history;

Driver management;

financial compliance;

Wallet compliance;

response times;

booking completion rates;

vehicle standards;

regulatory compliance;

training participation;

technology adoption;

and overall contribution to the quality and reputation of the BAJ Platform.

Where BAJ reasonably determines that performance consistently falls below acceptable standards, BAJ may require improvement plans, additional training, operational audits or other corrective measures before allowing continued participation.

 

9.11 Future Expansion of the Operator Network

The Driver acknowledges that BAJ intends to continuously develop and expand its Operator Network as new technologies, commercial opportunities and transport services become available.

Accordingly, BAJ may introduce additional operator classifications, regional management systems, dispatch technologies, artificial intelligence dispatch tools, marketplace services, franchise-style commercial models (without creating a legal franchise relationship), logistics services, courier services, delivery services, tourism services, shuttle services, rental transport services, government transport contracts or any other transport-related services that BAJ considers appropriate.

The Driver agrees that the Platform may evolve substantially over time and that reasonable operational changes introduced as part of that evolution shall not constitute a breach of this Agreement.

SECTION 10 – PASSENGER SAFETY, INCIDENT MANAGEMENT, EMERGENCY PROCEDURES AND REGULATORY COMPLIANCE

 

10.1 Purpose

The Parties acknowledge that passenger safety represents the highest operational priority of the BAJ Platform. Every Driver, Driver Operator and Fleet Operator participating on the Platform accepts an ongoing obligation to conduct transport services in a manner that protects passengers, members of the public, other road users, BAJ’s reputation and the integrity of the Platform.

The Driver acknowledges that commercial considerations, dispatch priorities, financial incentives, customer ratings or operational targets shall never take precedence over passenger safety, compliance with applicable law or the Driver’s professional responsibilities.

The obligations contained within this Section apply before, during and after every Booking facilitated through the BAJ Platform.

 

10.2 General Duty of Care

The Driver shall exercise the degree of care, skill, diligence and professional judgment reasonably expected of a competent commercial passenger transport operator operating within New Zealand.

The Driver shall take all reasonable precautions to ensure that passengers are transported safely, courteously and lawfully from the commencement of the Booking until its completion.

The Driver further acknowledges that this duty extends not only to passengers but also to pedestrians, cyclists, emergency services personnel, members of the public and other road users who may reasonably be affected by the operation of the Driver’s vehicle.

 

10.3 Compliance With Safety Laws

The Driver shall comply at all times with the Land Transport Act 1998, the Land Transport Rule: Operator Licensing 2017, the Health and Safety at Work Act 2015, all applicable Land Transport Rules, bylaws, regulations and every other applicable New Zealand law governing commercial passenger transport.

Where any legislative requirement changes during the term of this Agreement, the Driver agrees to comply with the revised legal requirements immediately upon those requirements becoming legally effective.

BAJ may issue operational guidance to assist Drivers in complying with legal obligations; however, such guidance does not replace the Driver’s independent responsibility to understand and comply with applicable law.

 

10.4 Passenger Identification and Pickup Safety

Before commencing a Booking, the Driver shall take reasonable steps to confirm that the passenger being collected corresponds with the Booking accepted through the BAJ Platform.

Where uncertainty exists regarding passenger identity, pickup location or booking details, the Driver shall exercise reasonable caution before commencing the journey.

The Driver shall not knowingly transport an unauthorised passenger under another person’s Booking where doing so would compromise passenger safety, Platform security, payment integrity or compliance with applicable law.

 

10.5 Passenger Conduct

The Driver shall treat every passenger fairly, professionally and without unlawful discrimination.

The Driver shall not engage in intimidating, threatening, abusive, offensive, harassing or inappropriate conduct towards any passenger.

Likewise, the Driver shall not tolerate behaviour that presents a genuine risk to safety.

Where a passenger becomes violent, threatening, criminally abusive or otherwise creates an immediate safety risk, the Driver may terminate the Booking at the nearest safe location and immediately contact Police or emergency services where appropriate.

The Driver shall prepare a complete incident report through the BAJ Platform as soon as reasonably practicable following any such incident.

 

10.6 Intoxicated Passengers

The Driver acknowledges that passengers who are affected by alcohol or drugs may nevertheless require transport services.

Where a passenger appears intoxicated but does not present an unreasonable safety risk, the Driver shall exercise reasonable care and professional judgment while transporting that passenger.

However, where the Driver reasonably believes that a passenger presents an immediate danger to themselves, the Driver, the vehicle or other passengers, the Driver may refuse or discontinue the Booking provided that such decision is made honestly, reasonably and with due regard for passenger safety.

Nothing in this Agreement requires the Driver to place themselves at unreasonable personal risk.

 

10.7 Medical Emergencies

Where a passenger experiences an apparent medical emergency during a Booking, the Driver shall take all reasonable steps expected of an ordinary prudent person under the circumstances.

Where appropriate, this includes safely stopping the vehicle, contacting emergency services, following emergency operator instructions and remaining with the passenger until emergency responders arrive where it is safe to do so.

The Driver acknowledges that BAJ does not expect Drivers to provide medical treatment beyond their level of training or competence.

 

10.8 Road Traffic Accidents

Where a vehicle operating through the BAJ Platform is involved in a collision or road traffic accident, the Driver shall immediately prioritise the safety of passengers and other affected persons.

The Driver shall comply with all legal obligations relating to accident reporting and shall cooperate fully with Police, emergency services, insurers and regulatory authorities.

The Driver shall notify BAJ through the Platform as soon as reasonably practicable and shall provide accurate information regarding the circumstances of the accident.

The Driver shall not knowingly provide false information, conceal material facts or attempt to interfere with any subsequent investigation.

 

10.9 Criminal Activity

The Driver shall immediately notify Police where the Driver reasonably believes that serious criminal activity has occurred during or in connection with a Booking.

Where lawful and reasonably requested, the Driver shall cooperate with Police investigations, regulatory authorities, courts and government agencies.

The Driver acknowledges that BAJ may also cooperate with lawful requests from competent authorities where required by applicable legislation or court order.

 

10.10 Lost Property

Where property is found within the vehicle following completion of a Booking, the Driver shall take reasonable steps to preserve the property and facilitate its return to the rightful owner.

The Driver shall promptly notify BAJ through the Platform where required by Platform procedures.

The Driver shall not intentionally retain, conceal, sell, dispose of or use passenger property for personal benefit.

Where property remains unclaimed, the Driver shall deal with the property in accordance with BAJ procedures and applicable New Zealand law.

 

10.11 Complaints and Incident Reporting

The Driver acknowledges that BAJ maintains procedures for receiving complaints, investigating incidents and improving service quality.

The Driver agrees to cooperate honestly and promptly with every reasonable investigation conducted by BAJ.

This includes providing written explanations, supporting documentation, dash camera footage, GPS records, photographs, witness information or any other material reasonably relevant to the investigation.

Knowingly providing false information during an investigation constitutes serious misconduct under this Agreement.

 

10.12 Serious Safety Events

Where BAJ reasonably believes that a Driver may present an immediate risk to passenger safety, BAJ may immediately suspend the Driver Account, Vehicle Account, Operator Account or any associated Platform access pending investigation.

Such suspension is precautionary only and does not constitute a finding that misconduct has occurred.

BAJ may maintain the suspension for so long as reasonably necessary to complete the investigation, protect passengers or comply with legal obligations.

The Driver agrees to cooperate fully throughout the investigation.

 

10.13 Regulatory Cooperation

The Driver acknowledges that BAJ operates within a regulated transport environment and may be required to cooperate with government departments, enforcement agencies, transport regulators, airports, local authorities, courts and other competent public authorities.

Accordingly, BAJ may disclose information where required or authorised by law, including information relating to Bookings, payments, location data, Driver identity, vehicle information, safety incidents or regulatory compliance.

The Driver acknowledges that such disclosure does not constitute a breach of confidentiality where disclosure is required or authorised by applicable law.

 

10.14 Safety Technology

The Driver acknowledges that BAJ may introduce safety technologies including emergency assistance features, live trip monitoring, GPS tracking, emergency alerts, driver verification, passenger verification, artificial intelligence monitoring, dash camera integration, telematics, fatigue monitoring, route analysis, fraud detection systems or any other technology reasonably designed to improve passenger safety and Platform integrity.

The Driver agrees to use such safety technologies where required by BAJ and not to disable, interfere with or intentionally circumvent their operation.

 

10.15 Continuous Safety Improvement

The Driver acknowledges that passenger safety standards evolve over time in response to technological developments, legislative changes, industry best practices and operational experience.

Accordingly, BAJ may introduce new safety procedures, mandatory training, operational standards, emergency protocols, equipment requirements, verification processes or compliance measures whenever reasonably necessary to improve the safety, security and reliability of the Platform.

The Driver agrees to comply with such requirements within any reasonable implementation period specified by BAJ.

SECTION 11 – RATINGS, PERFORMANCE STANDARDS, QUALITY ASSURANCE AND CONTINUOUS IMPROVEMENT

 

11.1 Purpose

The Parties acknowledge that the continued success of the BAJ Platform depends upon maintaining consistently high standards of customer service, professionalism, operational reliability and passenger safety. The purpose of this Section is to establish the quality assurance framework applicable to every Driver, Driver Operator and Fleet Operator using the BAJ Platform.

The Driver acknowledges that performance monitoring is intended to improve the quality of services provided through the Platform, protect passengers, maintain public confidence and preserve the commercial reputation and goodwill of BAJ. Performance standards shall be applied reasonably, consistently and in accordance with this Agreement.

 

11.2 BAJ Quality Standards

The Driver agrees to maintain professional standards that meet or exceed the minimum standards prescribed by BAJ from time to time.

Without limiting the general nature of this obligation, BAJ may establish standards relating to punctuality, vehicle presentation, customer service, communication, driving behaviour, booking acceptance, cancellation rates, response times, complaint resolution, passenger safety, regulatory compliance, operational efficiency, professionalism, tourism knowledge, airport procedures, accessibility requirements and any other matter reasonably connected with the operation of the Platform.

The Driver acknowledges that BAJ may amend or expand these standards to reflect legislative changes, customer expectations, industry developments or improvements to the Platform.

11.3 Passenger Ratings

BAJ may permit passengers to provide ratings, reviews, comments or other feedback concerning the services received through the Platform.

The Driver acknowledges that passenger ratings are intended to provide a general indication of customer satisfaction and do not constitute conclusive evidence regarding the Driver’s performance in relation to any individual Booking.

BAJ reserves the right to determine the design, calculation methodology, weighting, publication, visibility and continued operation of any rating system used within the Platform. The Driver acknowledges that the methodology used to calculate ratings constitutes confidential commercial information belonging exclusively to BAJ.

BAJ may display ratings to passengers, Drivers, Driver Operators or Fleet Operators where BAJ considers such disclosure appropriate for the operation of the Platform.

 

11.4 Customer Reviews

Passengers may submit written comments, compliments, complaints or suggestions relating to services provided through the BAJ Platform.

BAJ reserves the right to moderate, edit, remove, summarise or decline to publish any review that BAJ reasonably believes is false, abusive, defamatory, discriminatory, unlawful, fraudulent, irrelevant, misleading or otherwise inconsistent with the operation of the Platform.

The Driver acknowledges that BAJ has no obligation to publish every customer review and may determine how customer feedback is presented within the Platform.

 

11.5 Performance Measurement

The Driver acknowledges that BAJ may evaluate Driver performance using one or more operational indicators developed by BAJ.

Such indicators may include overall customer satisfaction, booking completion rates, cancellation history, response times, punctuality, passenger complaints, safety incidents, vehicle standards, compliance history, Ride Bidding participation, Operator Network performance, tourism service quality, airport service quality, corporate service quality, Wallet compliance, subscription compliance, regulatory compliance and any other factor reasonably relevant to maintaining the quality of the Platform.

No single performance indicator shall necessarily determine a Driver’s suitability to continue using the Platform. BAJ may consider the Driver’s overall performance together with the surrounding circumstances of each case.

 

11.6 Quality Assurance Reviews

BAJ may conduct quality assurance reviews periodically or whenever BAJ reasonably considers such review necessary.

Quality assurance reviews may include analysis of customer feedback, complaint history, booking records, GPS data, communication records, training completion, vehicle inspections, operational compliance, financial compliance, safety performance and any other information reasonably relevant to assessing the Driver’s performance.

The Driver agrees to cooperate fully with quality assurance reviews and to provide information reasonably requested by BAJ for that purpose.

 

11.7 Performance Improvement Measures

Where BAJ reasonably concludes that a Driver’s performance has fallen below acceptable standards, BAJ may require the Driver to undertake reasonable corrective measures before continuing unrestricted participation on the Platform.

Such measures may include additional training, mentoring, coaching, operational reviews, supervised driving assessments, compliance programmes, vehicle inspections, customer service education, technology training or any other reasonable improvement programme designed to address identified deficiencies.

The Driver acknowledges that such measures are intended to support improvement rather than punish the Driver and agrees to participate in good faith.

 

11.8 Performance Incentives

BAJ may establish programmes recognising Drivers, Driver Operators or Fleet Operators who consistently demonstrate exceptional performance.

Recognition may include promotional opportunities, preferred dispatch eligibility, bonus programmes, premium service eligibility, marketing benefits, awards, public recognition within the Platform or other commercial incentives determined by BAJ.

Participation in any incentive programme shall remain discretionary and may be modified or withdrawn by BAJ at any time.

Nothing contained within this Agreement guarantees continued eligibility for any incentive programme.

 

11.9 Passenger Compliments

BAJ may record compliments received from passengers regarding outstanding customer service, professionalism, exceptional assistance, safe driving, tourism knowledge or any other positive contribution made by the Driver.

BAJ may take such positive feedback into account when assessing overall Driver performance, eligibility for promotional programmes, participation in premium services or other commercial opportunities available through the Platform.

 

11.10 Artificial Intelligence and Performance Analytics

The Driver acknowledges that BAJ may utilise artificial intelligence, machine learning, predictive analytics, statistical modelling and other automated technologies to assist in monitoring operational performance and improving the quality of services provided through the Platform.

Such technologies may analyse patterns relating to booking acceptance, cancellations, customer feedback, driving behaviour, GPS accuracy, fraud detection, service quality, response times, pricing behaviour, safety indicators and operational efficiency.

The Driver acknowledges that automated analysis may assist BAJ’s decision-making processes; however, where a significant decision materially affecting the Driver’s continued participation on the Platform is made, BAJ shall consider the relevant circumstances and any information provided by the Driver before making a final determination, where appropriate and consistent with applicable law.

 

11.11 Continuous Improvement

The Driver acknowledges that BAJ continuously seeks to improve the quality, efficiency, safety and competitiveness of the Platform.

Accordingly, BAJ may introduce revised operational standards, quality assurance procedures, customer service requirements, technology enhancements, training programmes, service categories or performance expectations whenever reasonably necessary to improve the Platform.

The Driver agrees to comply with such requirements within the reasonable implementation period specified by BAJ.

 

11.12 No Guaranteed Rating or Platform Status

The Driver acknowledges that participation in the BAJ Platform does not create any contractual entitlement to maintain a particular customer rating, performance classification, dispatch priority, premium status, subscription level or commercial designation.

BAJ may revise the criteria applicable to any rating system, recognition programme, service tier or performance classification from time to time, provided such revisions are implemented in good faith and for legitimate commercial, operational or regulatory reasons.

The Driver further acknowledges that performance classifications are internal operational tools intended to assist BAJ in managing the Platform and do not constitute representations regarding the Driver’s professional competence outside the BAJ Platform.

SECTION 12 – TECHNOLOGY, SOFTWARE LICENCE, ARTIFICIAL INTELLIGENCE, INTELLECTUAL PROPERTY AND DIGITAL SERVICES

 

12.1 Purpose

The Parties acknowledge that BAJ has invested substantial financial resources, technical expertise, time and intellectual effort in developing the BAJ Platform, including its software, mobile applications, cloud infrastructure, artificial intelligence systems, dispatch technology, Ride Bidding engine, Driver Wallet, payment systems, mapping technology, operational workflows, commercial methodologies and related technology.

The purpose of this Section is to protect BAJ’s intellectual property rights, proprietary technology, confidential business methods and future technological developments while granting the Driver a limited right to access and use the Platform solely for the purposes authorised by this Agreement.

 

12.2 Ownership of the BAJ Platform

The Driver acknowledges and agrees that BAJ is, and shall remain, the sole and exclusive owner or lawful licensee of all rights, title and interest in and to the BAJ Platform and every component thereof.

Without limitation, this includes all software, mobile applications, websites, cloud services, source code, object code, databases, APIs, algorithms, dispatch engines, Ride Bidding systems, pricing methodologies, Driver Wallet systems, payment technologies, booking systems, artificial intelligence models, machine learning systems, automation tools, analytics systems, user interfaces, layouts, workflows, documentation, graphics, icons, logos, trade marks, service marks, domain names, business methods, inventions, know-how, trade secrets and all other intellectual property associated with the Platform, whether existing now or developed in the future.

Except for the limited licence expressly granted under this Agreement, no ownership rights are transferred to the Driver.

 

12.3 Limited Licence to Use the Platform

Subject to the Driver’s ongoing compliance with this Agreement, BAJ grants the Driver a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the BAJ Platform solely for the purpose of providing transport services authorised through the Platform.

This licence exists only for the duration of the Driver’s authorised participation on the Platform and automatically terminates upon suspension, deactivation or termination of the Driver Account.

The Driver shall not use the Platform for any purpose unrelated to services authorised by BAJ.

 

12.4 Restrictions on Use

Except to the extent expressly permitted by applicable law, the Driver shall not, directly or indirectly:

copy, reproduce, modify, adapt or create derivative works from any part of the Platform;

reverse engineer, decompile or disassemble any software or application;

attempt to discover source code;

interfere with the operation of Platform security systems;

circumvent technological protection measures;

develop competing software using knowledge obtained from the Platform;

copy the user interface or system design;

extract or reproduce BAJ databases;

automatically scrape Platform information;

use bots or automated software;

interfere with Platform communications;

attempt to gain unauthorised access to BAJ systems;

or otherwise exploit BAJ technology beyond the rights expressly granted under this Agreement.

The Driver acknowledges that any unauthorised use may cause substantial commercial harm to BAJ.

 

12.5 Mobile Applications

The Driver acknowledges that BAJ may make available one or more mobile applications for Drivers, Driver Operators, Fleet Operators, passengers, administrators or commercial partners.

BAJ may update, replace, suspend, modify or discontinue any application whenever reasonably necessary for operational, security, commercial or regulatory reasons.

The Driver agrees to install updates within a reasonable period and acknowledges that outdated versions may cease to function.

 

12.6 Artificial Intelligence

The Driver acknowledges that BAJ may utilise artificial intelligence, machine learning, predictive analytics, automation technologies and intelligent decision-support systems throughout the Platform.

Without limitation, artificial intelligence may assist with:

dispatch allocation;

Ride Bidding recommendations;

dynamic pricing;

fraud detection;

driver verification;

document verification;

vehicle compliance;

customer support;

route optimisation;

earnings analysis;

performance monitoring;

risk assessment;

quality assurance;

marketing;

forecasting;

tourism recommendations;

business intelligence;

or any other operational function developed by BAJ.

The Driver acknowledges that artificial intelligence forms part of BAJ’s proprietary technology and shall not be copied, analysed or commercially exploited by the Driver.

 

12.7 Future Technology

The Driver acknowledges that BAJ intends to continuously develop new technology throughout the duration of this Agreement.

Accordingly, this Agreement automatically applies to all future software, applications, artificial intelligence systems, APIs, payment systems, blockchain technology, digital identity systems, dispatch engines, autonomous vehicle technology, electric vehicle management systems, charging systems, mapping systems, robotics, logistics systems, mobility services, tourism systems, cloud infrastructure and every other technology introduced by BAJ after the execution of this Agreement.

Unless BAJ expressly agrees otherwise in writing, every future technological development shall remain the exclusive property of BAJ.

 

12.8 Driver Data and Operational Data

The Driver acknowledges that information generated through the operation of the BAJ Platform, including booking history, dispatch records, performance statistics, operational analytics, GPS records, platform usage metrics, transaction records, system logs, service history, response times, cancellation data, acceptance data and other operational information forms part of BAJ’s business records.

Nothing in this Agreement prevents the Driver from accessing information relating to their own activities where such access is provided through the Platform or required by applicable law. However, the Driver acknowledges that the compilation, organisation, analysis and commercial use of Platform data remains the exclusive property of BAJ.

BAJ may use aggregated, anonymised or de-identified operational data for analytics, service improvements, research, product development, artificial intelligence training, business planning and other lawful commercial purposes, provided that such use complies with applicable privacy legislation.

 

12.9 Customer Information and Business Relationships

The Driver acknowledges that passengers introduced through the BAJ Platform are customers of the BAJ marketplace and that the commercial relationship between BAJ and those passengers forms a valuable business asset.

Except as necessary to complete an authorised Booking, the Driver shall not use passenger information obtained through the Platform for personal marketing, solicitation, competing transport services or any purpose unrelated to the Booking.

The Driver shall not compile passenger databases, create independent customer lists from Platform information or otherwise attempt to appropriate BAJ’s customer relationships.

Nothing in this clause prevents a passenger from independently choosing to use the Driver’s services outside the Platform without solicitation by the Driver, but the Driver must not actively encourage or induce passengers to bypass the BAJ Platform or its payment systems.

 

12.10 Feedback and Suggestions

The Driver may voluntarily provide BAJ with suggestions, recommendations, feature requests, operational improvements, technical ideas or other feedback relating to the Platform.

Unless otherwise expressly agreed in writing, the Driver acknowledges that BAJ may use, modify, develop, commercialise or incorporate such feedback into the Platform without restriction and without any obligation to compensate the Driver.

Nothing in this clause transfers ownership of any pre-existing intellectual property independently owned by the Driver before providing such feedback.

 

12.11 Cybersecurity and System Integrity

The Driver shall take reasonable steps to protect the security of devices used to access the BAJ Platform, including maintaining current operating systems, security updates, passwords and anti-malware protections appropriate for commercial use.

The Driver shall immediately notify BAJ upon becoming aware of any actual or suspected unauthorised access, cyberattack, malware infection, credential compromise, data breach or other security incident that may affect the integrity or security of the Platform.

The Driver shall not knowingly introduce malicious software, ransomware, spyware, viruses, automated attack tools or other harmful code into any BAJ system.

 

12.12 Platform Availability

The Driver acknowledges that the BAJ Platform depends upon telecommunications networks, cloud infrastructure, internet connectivity, satellite systems, mapping providers, payment gateways and numerous third-party technology providers that are outside BAJ’s direct control.

While BAJ will use commercially reasonable efforts to maintain a reliable and secure Platform, BAJ does not warrant that the Platform will operate continuously, without interruption or free from technical faults.

Scheduled maintenance, emergency maintenance, software updates, cybersecurity responses, telecommunications failures, power outages, natural disasters, third-party service interruptions or other circumstances beyond BAJ’s reasonable control may temporarily affect Platform availability.

BAJ shall not be liable for temporary interruptions where it has acted reasonably and in good faith to restore services as soon as practicable.

 

12.13 Intellectual Property Infringement

The Driver shall immediately notify BAJ upon becoming aware of any actual or suspected infringement, unauthorised use, copying, imitation, counterfeiting, reverse engineering or misuse of BAJ’s intellectual property by any person.

The Driver shall not knowingly assist any third party in infringing BAJ’s intellectual property rights.

Where reasonably requested, the Driver shall cooperate with BAJ in protecting its intellectual property, including by providing relevant information or evidence concerning suspected infringement.

 

12.14 Reservation of Rights

Except for the limited rights expressly granted under this Agreement, BAJ reserves all rights, title and interests in and to the Platform and its intellectual property.

No licence, assignment, waiver or transfer of any intellectual property rights shall arise by implication, estoppel or otherwise.

The Driver acknowledges that nothing contained within this Agreement limits BAJ’s ability to develop new technologies, compete in any market, license its technology to others or introduce additional transport, tourism, logistics or mobility services under the BAJ brand or any other brand owned or controlled by BAJ.

SECTION 13 – PRIVACY, CONFIDENTIALITY, DATA PROTECTION AND INFORMATION SECURITY

 

13.1 Purpose

The Parties acknowledge that the operation of the BAJ Platform requires the collection, creation, use, storage, disclosure and protection of information relating to Drivers, Driver Operators, Fleet Operators, passengers, commercial partners and Platform operations.

The purpose of this Section is to establish the respective rights and obligations of the Parties regarding confidential information, personal information, operational data, commercial information and information security while ensuring compliance with applicable New Zealand law.

The Driver acknowledges that trust and confidentiality are fundamental to the continued operation of the BAJ Platform and agrees to comply with the obligations contained in this Section throughout the duration of this Agreement and, where applicable, after its termination.

 

13.2 Collection of Information

The Driver acknowledges that BAJ may collect information directly from the Driver, from the Driver’s use of the Platform, from passengers, Driver Operators, Fleet Operators, government agencies, identity verification providers, payment providers, insurers, mapping providers, telecommunications providers and other lawful sources where reasonably necessary for the operation of the Platform.

Such information may include identity information, licensing information, vehicle information, contact details, photographs, verification records, payment details, GPS location information, booking history, Driver Wallet transactions, customer feedback, safety reports, communication records, regulatory information, compliance records and any other information reasonably required for the operation of BAJ’s services.

The Driver warrants that all information supplied to BAJ is true, complete and accurate and agrees to promptly notify BAJ of any material change affecting that information.

 

13.3 Use of Information

The Driver authorises BAJ to collect, hold, use and process information for purposes reasonably connected with the operation, administration and improvement of the Platform.

Without limitation, BAJ may use information for identity verification, regulatory compliance, dispatch operations, Ride Bidding, payment processing, Driver Wallet administration, customer support, fraud prevention, dispute resolution, insurance administration, service improvement, artificial intelligence training, statistical analysis, marketing (where permitted by law), product development, regulatory reporting, legal proceedings and any other lawful business purpose reasonably connected with the Platform.

The Driver acknowledges that BAJ may continue to use anonymised or aggregated information after termination of this Agreement where such information no longer identifies the Driver.

 

13.4 Privacy Compliance

BAJ shall handle personal information in accordance with the Privacy Act 2020, applicable privacy principles and BAJ’s Privacy Policy as amended from time to time.

The Driver acknowledges that BAJ’s Privacy Policy forms part of the overall contractual framework governing the use of the Platform to the extent it is consistent with this Agreement and applicable law.

Where there is any inconsistency between this Agreement and mandatory privacy legislation, the mandatory legislative requirements shall prevail.

 

13.5 Driver Responsibilities Regarding Personal Information

The Driver acknowledges that passengers entrust personal information to the BAJ Platform solely for the purpose of facilitating authorised transport services.

Accordingly, the Driver shall use passenger information only to the extent reasonably necessary to complete the relevant Booking and shall not use, copy, disclose, retain or otherwise exploit passenger information for any unrelated purpose.

Without limiting this obligation, the Driver shall not create independent passenger databases, distribute passenger information, use passenger contact details for personal marketing, solicit future business outside the Platform, disclose passenger information to unauthorised persons or otherwise misuse personal information obtained through the Platform.

The Driver shall immediately notify BAJ if the Driver becomes aware of any unauthorised access to, disclosure of or misuse of personal information.

 

13.6 Confidential Information

For the purposes of this Agreement, Confidential Information includes all non-public information relating to BAJ, its business operations, software, technology, pricing models, algorithms, dispatch systems, Ride Bidding systems, Driver Wallet systems, commercial strategies, business methods, financial information, customer information, supplier information, future business plans, research, source code, APIs, databases, trade secrets and any other information that a reasonable person would regard as confidential.

Confidential Information also includes non-public information relating to Driver Operators, Fleet Operators, passengers and commercial partners where BAJ has an obligation to protect such information.

 

13.7 Confidentiality Obligations

The Driver agrees to maintain the confidentiality of all Confidential Information obtained through participation in the BAJ Platform.

The Driver shall not disclose, publish, reproduce, distribute, copy or otherwise communicate Confidential Information to any person except where disclosure is expressly authorised by BAJ, required by law or reasonably necessary for the lawful performance of the Driver’s obligations under this Agreement.

The Driver shall implement reasonable safeguards to prevent unauthorised access to Confidential Information and shall ensure that any employees, contractors or representatives under the Driver’s control who receive Confidential Information are bound by confidentiality obligations no less protective than those contained in this Agreement.

 

13.8 Communications Through the Platform

The Driver acknowledges that communications conducted through the BAJ Platform, including messages between Drivers, passengers, Driver Operators, Fleet Operators and BAJ support personnel, may be recorded, stored and reviewed where reasonably necessary for quality assurance, customer support, fraud prevention, dispute resolution, training, regulatory compliance or legal purposes.

The Driver shall communicate professionally and shall not use the Platform’s communication systems to send offensive, abusive, discriminatory, threatening, misleading, defamatory, unsolicited commercial or unlawful content.

BAJ reserves the right to moderate, restrict or remove communications that reasonably appear to breach this Agreement or applicable law.

 

13.9 Data Security

BAJ shall implement and maintain reasonable administrative, technical and organisational measures designed to protect information held by BAJ against unauthorised access, alteration, disclosure, loss or destruction, having regard to the nature of the information and the risks associated with its processing.

The Driver acknowledges that no electronic system can be guaranteed to be completely secure and agrees that BAJ does not warrant absolute protection against every possible cyber threat. Nevertheless, BAJ shall take commercially reasonable steps to maintain appropriate information security standards and to respond promptly to known security incidents affecting the Platform.

 

13.10 Cross-Border Processing

The Driver acknowledges that BAJ may utilise cloud service providers, payment processors, identity verification providers, mapping services, artificial intelligence providers, customer support providers or other technology partners located within or outside New Zealand.

Where personal information is transferred or made accessible outside New Zealand, BAJ shall take reasonable steps to ensure that such transfers comply with the Privacy Act 2020 and any other applicable legal requirements.

The Driver consents to such processing where it is reasonably necessary for the operation of the Platform and undertaken in accordance with applicable law.

 

13.11 Retention and Destruction of Information

BAJ may retain information for as long as reasonably necessary to fulfil the purposes for which it was collected, to comply with legal obligations, to resolve disputes, to enforce this Agreement, to protect BAJ’s legal rights or to satisfy regulatory record-keeping requirements.

Where information is no longer required for these purposes, BAJ shall take reasonable steps to securely destroy, anonymise or otherwise dispose of the information in accordance with applicable law and BAJ’s internal data retention policies.

 

13.12 Public Statements and Media

The Driver shall not make any public statement, press release, media interview or social media communication purporting to speak on behalf of BAJ unless expressly authorised in writing by BAJ.

The Driver shall not disclose Confidential Information or publish misleading statements likely to damage the reputation, goodwill or commercial interests of BAJ.

Nothing in this clause prevents the Driver from making truthful statements required by law or protected disclosures under applicable legislation.

 

13.13 Survival

The obligations relating to confidentiality, protection of personal information, intellectual property, data security, permitted use of information and protection of Confidential Information shall survive the termination or expiry of this Agreement for so long as the relevant information remains confidential or for any longer period required by applicable law.

 

SECTION 14 – FRAUD, MISCONDUCT, PLATFORM ABUSE, ETHICAL CONDUCT AND PROHIBITED ACTIVITIES

 

14.1 Purpose

The Parties acknowledge that the BAJ Platform operates on trust, transparency, fairness and compliance with applicable law. Fraudulent conduct, dishonest behaviour, misuse of Platform services or any activity that compromises passenger safety, financial integrity or BAJ’s reputation may cause significant commercial harm to BAJ, passengers, Drivers and other Platform participants.

The purpose of this Section is to prohibit conduct that undermines the proper operation of the Platform and to establish BAJ’s rights to investigate, prevent and respond to actual or suspected misconduct.

The Driver acknowledges that the examples contained in this Section are illustrative only and are not intended to limit BAJ’s ability to address other conduct that is dishonest, unlawful, unethical or materially inconsistent with the objectives of this Agreement.

 

14.2 General Duty of Honesty and Good Faith

The Driver shall act honestly, fairly and in good faith in all dealings connected with the BAJ Platform.

The Driver shall not engage in any conduct that is fraudulent, deceptive, misleading, dishonest, reckless or likely to damage the integrity, security, commercial interests or reputation of BAJ or the confidence of passengers in the Platform.

The Driver further agrees to cooperate with BAJ in maintaining a trustworthy marketplace and to report suspected fraud or serious misconduct of which the Driver becomes aware.

 

14.3 Fraudulent Bookings

The Driver shall not create, request, arrange, participate in or assist with any fictitious, manipulated or fraudulent Booking.

Without limitation, the Driver shall not create self-bookings, arrange bookings through relatives or associates for the purpose of obtaining incentives, manipulate promotional campaigns, inflate Booking numbers, create duplicate journeys, falsely complete journeys that never occurred or otherwise generate artificial Platform activity.

Any Booking created primarily for obtaining financial benefit rather than genuine transport services constitutes a material breach of this Agreement.

 

14.4 Ride Bidding Manipulation

The Driver shall not manipulate or attempt to manipulate the Ride Bidding system.

Without limitation, the Driver shall not coordinate bids with other Drivers, submit fictitious bids, use multiple accounts to influence pricing, intentionally distort market pricing, artificially suppress competition or otherwise interfere with the integrity of the Ride Bidding marketplace.

The Driver acknowledges that BAJ may monitor bidding behaviour using automated systems and may investigate unusual pricing patterns where fraud or anti-competitive conduct is reasonably suspected.

 

14.5 GPS, Location and Journey Manipulation

The Driver shall not intentionally interfere with the accuracy of location information generated by the BAJ Platform.

Without limitation, the Driver shall not use GPS spoofing applications, location simulators, signal manipulation software, modified operating systems, unauthorised applications or any technological method intended to misrepresent the Driver’s location, vehicle movement, journey distance, waiting time, arrival time or Booking status.

The Driver acknowledges that accurate location information is fundamental to passenger safety, fare calculations, dispatch operations, Ride Bidding and regulatory compliance.

 

14.6 Driver Wallet Fraud

The Driver shall not misuse the Driver Wallet or any financial feature of the Platform.

Without limitation, the Driver shall not manipulate Wallet balances, exploit software errors, obtain unauthorised credits, create false recharge transactions, reverse legitimate payments without authority, misuse promotional credits, exploit subscription systems or otherwise obtain financial benefit through dishonest or deceptive conduct.

The Driver acknowledges that BAJ may immediately freeze Wallet transactions where fraud is reasonably suspected.

 

14.7 Identity Fraud

The Driver shall not impersonate another person or permit another individual to operate the Driver Account.

The Driver shall not submit forged, altered, expired or misleading identity documents, driver licences, transport licences, vehicle documents, insurance certificates, medical certificates or any other document required by BAJ.

The Driver further agrees not to use another person’s photograph, biometric information, identity credentials or verification records for the purpose of obtaining or maintaining Platform access.

Identity fraud shall constitute serious misconduct and may result in immediate suspension, termination and referral to the appropriate authorities.

 

14.8 Passenger Solicitation and Circumvention

The Driver acknowledges that passengers introduced through the BAJ Platform represent valuable commercial relationships of BAJ.

Accordingly, the Driver shall not knowingly encourage, persuade or induce passengers to bypass the BAJ Platform for future transport services, avoid Platform commissions or make direct payments outside the authorised payment systems.

Without limitation, the Driver shall not distribute personal business cards during a Platform Booking for the purpose of diverting future business, request passengers to cancel Platform Bookings so that transport can be provided privately, offer unauthorised discounts conditional upon payment outside the Platform or otherwise interfere with BAJ’s legitimate commercial relationship with its customers.

Nothing in this clause prevents a passenger, acting entirely independently and without solicitation by the Driver, from choosing to engage the Driver outside the Platform.

 

14.9 Cash Payment Circumvention

Where a Booking has been accepted through the BAJ Platform using an authorised electronic payment method, the Driver shall not require, request or encourage the passenger to make payment in cash or through any payment method outside the Platform unless expressly authorised by BAJ or required because of a verified technical failure.

Similarly, where BAJ permits cash Bookings, the Driver shall accurately record the transaction through the Platform and shall not manipulate records to reduce commissions, avoid Platform fees or misrepresent earnings.

 

14.10 Collusion and Anti-Competitive Conduct

The Driver shall not enter into any arrangement with other Drivers, Driver Operators, Fleet Operators or third parties for the purpose of improperly influencing prices, restricting competition, manipulating dispatch systems, dividing markets, excluding competitors or otherwise undermining the competitive operation of the BAJ Platform.

The Driver acknowledges that BAJ may cooperate with regulatory authorities where anti-competitive conduct is reasonably suspected.

 

14.11 Bribery, Corruption and Improper Influence

The Driver shall not offer, promise, request, solicit or accept any bribe, secret commission, kickback or other improper benefit intended to influence the allocation of Bookings, dispatch priority, customer ratings, regulatory compliance, investigations or any other decision relating to the BAJ Platform.

Likewise, the Driver shall not attempt to improperly influence any BAJ employee, contractor, Driver Operator, Fleet Operator or representative in connection with the administration of the Platform.

 

14.12 Misuse of Promotional Programmes

The Driver shall not misuse referral programmes, promotional campaigns, bonuses, discounts, subscription benefits, loyalty programmes or any other commercial incentive offered by BAJ.

The Driver shall not create multiple accounts, fictitious identities or artificial transactions for the purpose of qualifying for promotional benefits.

BAJ may recover any improperly obtained benefit together with any other remedies available under this Agreement.

 

14.13 Misuse of BAJ Property and Brand

The Driver shall not misuse BAJ’s name, logo, trademarks, branding, advertising materials, software, marketing content, customer information or any other property belonging to BAJ.

Without BAJ’s prior written consent, the Driver shall not represent themselves as a director, employee, shareholder, authorised spokesperson or legal representative of BAJ.

The Driver shall not make false or misleading statements concerning BAJ’s services, policies or commercial arrangements.

 

14.14 Duty to Report Misconduct

Where the Driver becomes aware of conduct that reasonably appears to involve fraud, corruption, serious safety risks, criminal activity, cyberattacks, identity fraud, money laundering, document forgery, exploitation of Platform systems or any other serious misconduct affecting the BAJ Platform, the Driver shall notify BAJ as soon as reasonably practicable.

The Driver shall provide information honestly and shall not knowingly make malicious or false allegations against another Platform participant.

BAJ may keep the identity of a reporting Driver confidential to the extent reasonably practicable and permitted by law.

 

14.15 BAJ Investigation Powers

Where BAJ reasonably suspects that a breach of this Section has occurred, BAJ may investigate the matter using any lawful means reasonably necessary to establish the relevant facts.

Such investigations may include reviewing Booking records, Driver Wallet transactions, GPS information, communications, photographs, video recordings, audit logs, payment records, device information, identity records, passenger complaints, Driver responses and any other information reasonably relevant to the investigation.

The Driver agrees to cooperate fully with any investigation and acknowledges that failure to cooperate may itself constitute a breach of this Agreement.

Nothing in this clause limits BAJ’s right to temporarily suspend access to the Platform while an investigation is ongoing where such action is reasonably necessary to protect passengers, preserve evidence, prevent further misconduct or comply with legal obligations.

 

14.16 Reservation of BAJ Rights

The remedies described in this Section are cumulative and do not limit any other contractual, statutory or equitable rights available to BAJ.

Where the Driver engages in fraudulent, unlawful or seriously unethical conduct, BAJ may exercise one or more remedies available under this Agreement, including suspension, deactivation, recovery of losses, set-off against Wallet balances or earnings, referral to insurers, notification of regulatory authorities, reporting to law enforcement agencies and commencement of civil proceedings where appropriate.

The Driver acknowledges that BAJ’s decision to exercise or refrain from exercising any particular remedy in one instance does not constitute a waiver of its rights in relation to any future breach.

SECTION 15 – COMPLIANCE MONITORING, INVESTIGATIONS, AUDIT POWERS AND REGULATORY COOPERATION

 

15.1 Purpose

The Parties acknowledge that BAJ must be able to monitor compliance with this Agreement, investigate actual or suspected breaches, protect passengers, maintain regulatory compliance and preserve the integrity of the BAJ Platform.

The purpose of this Section is to establish BAJ’s contractual rights to conduct compliance monitoring, audits and investigations, together with the Driver’s obligation to cooperate fully with such processes.

The Driver acknowledges that compliance activities undertaken under this Section are intended to protect the interests of passengers, Drivers, Driver Operators, Fleet Operators, BAJ and the wider public.

 

15.2 Ongoing Compliance Monitoring

The Driver acknowledges that BAJ may continuously monitor compliance with this Agreement through lawful operational and technological means.

Such monitoring may include review of booking activity, GPS information, route history, dispatch records, Driver Wallet activity, payment records, customer ratings, complaint history, communication records, identity verification status, document validity, insurance status, vehicle inspections, regulatory compliance records, platform usage data and other operational information reasonably required for the management of the Platform.

The Driver acknowledges that such monitoring forms part of BAJ’s ordinary business operations and is not, of itself, evidence that misconduct is suspected.

15.3 BAJ’s Right to Conduct Investigations

Where BAJ reasonably believes that this Agreement, applicable law, Platform policies or safety requirements may have been breached, BAJ may commence an investigation.

Investigations may relate to customer complaints, Driver complaints, payment disputes, fraud, accidents, safety incidents, regulatory matters, criminal allegations, document verification, technology misuse, intellectual property concerns, financial irregularities or any other matter reasonably connected with the operation of the Platform.

BAJ shall conduct investigations fairly, impartially and in good faith, having regard to the information reasonably available at the time.

 

15.4 Driver’s Duty to Cooperate

The Driver shall cooperate fully and promptly with every lawful investigation conducted by BAJ.

Without limitation, the Driver shall provide truthful explanations, relevant documents, photographs, video recordings, dash camera footage, receipts, maintenance records, insurance information, identity documents, regulatory licences, communication records and any other information reasonably requested by BAJ.

The Driver shall not intentionally delay, obstruct or interfere with an investigation or knowingly provide false, incomplete or misleading information.

Failure to cooperate without reasonable excuse may itself constitute a material breach of this Agreement.

 

15.5 Vehicle Inspections

BAJ may require a vehicle operating through the Platform to undergo inspection where reasonably necessary to verify compliance with safety, presentation, regulatory or operational standards.

Vehicle inspections may include assessment of mechanical condition, cleanliness, branding, accessibility equipment, safety equipment, insurance documentation, registration, certification, technology integration or any other matter reasonably relevant to the operation of the Platform.

The Driver agrees to present the vehicle for inspection within the reasonable time specified by BAJ.

Where an inspection identifies deficiencies affecting safety or regulatory compliance, BAJ may require those deficiencies to be remedied before the vehicle continues operating through the Platform.

 

15.6 Document Verification

The Driver shall maintain accurate, current and valid records relating to all licences, permits, certificates, insurance policies and other documents required under this Agreement.

BAJ may request updated documentation at any time where reasonably necessary to verify continuing eligibility.

The Driver shall provide requested documentation within the reasonable timeframe specified by BAJ.

Where documentation expires, becomes invalid or is not provided within the required period, BAJ may temporarily suspend the relevant Driver Account or Vehicle Account until compliance has been restored.

 

15.7 Digital Audit Rights

The Driver acknowledges that operational records maintained through the BAJ Platform constitute important business records.

BAJ may review digital records including booking histories, Driver Wallet transactions, GPS information, dispatch logs, Ride Bidding activity, payment records, communication records, login histories, device identifiers, security logs and other electronic records reasonably necessary to verify compliance with this Agreement.

The Driver shall not intentionally delete, alter, conceal or manipulate electronic records for the purpose of frustrating an audit or investigation.

 

15.8 Preservation of Evidence

Where BAJ has commenced an investigation or reasonably anticipates legal proceedings, regulatory action or an insurance claim, BAJ may require the Driver to preserve documents, electronic records, communications, photographs, video recordings, dash camera footage or other relevant evidence.

The Driver shall not intentionally destroy, alter or conceal relevant evidence after receiving such a request.

Nothing in this clause requires the Driver to retain records beyond any applicable legal retention period unless preservation has been reasonably requested before that period expires.

 

15.9 Interviews and Explanations

BAJ may request that the Driver participate in interviews, meetings or written correspondence reasonably necessary to clarify matters arising during an investigation.

The Driver shall answer questions honestly and may provide any explanation, supporting evidence or mitigating information that the Driver considers relevant.

BAJ shall consider information provided by the Driver before making a final determination where it is reasonably practicable to do so, except where immediate action is required to protect passenger safety, comply with legal obligations or prevent ongoing harm.

 

15.10 Interim Protective Measures

Where BAJ reasonably believes that immediate action is necessary to protect passengers, preserve evidence, prevent financial loss, maintain Platform security or comply with applicable law, BAJ may implement temporary protective measures while an investigation is ongoing.

Such measures may include temporary suspension of Platform access, temporary restriction of dispatch privileges, temporary suspension of Driver Wallet transactions, temporary restriction of particular Platform features, temporary removal of a vehicle from service or any other proportionate interim measure reasonably necessary under the circumstances.

The implementation of an interim protective measure does not constitute a final determination that the Driver has breached this Agreement.

 

15.11 Cooperation With Authorities

The Driver acknowledges that BAJ may receive lawful requests for information from Police, courts, transport regulators, government departments, airport authorities, insurance providers or other competent authorities.

Subject to applicable law, BAJ may provide information reasonably required to comply with statutory obligations, court orders, regulatory investigations or lawful enforcement activities.

Where legally permitted and reasonably practicable, BAJ may notify the Driver before disclosing information, unless doing so would prejudice an investigation, contravene legal requirements or create a risk to public safety.

 

15.12 Independent Expert Assessments

Where a dispute concerns technical, mechanical, medical, technological or other specialised matters, BAJ may require an independent assessment by a suitably qualified person.

Such assessments may relate to vehicle condition, safety equipment, identity verification, digital evidence, technology systems, payment records or any other specialised matter relevant to the investigation.

BAJ shall determine the appropriate expert having regard to the nature of the issue.

Unless otherwise determined following the outcome of the investigation, each Party shall bear its own costs associated with participation in the assessment. Where the assessment establishes that the Driver materially breached this Agreement through dishonest or unlawful conduct, BAJ may recover its reasonable investigation costs to the extent permitted by law and this Agreement.

 

15.13 Regulatory AuditsThe Driver acknowledges that BAJ may itself be subject to inspections, audits or investigations by transport regulators, tax authorities, privacy regulators, courts or other public authorities.

The Driver agrees to provide reasonable assistance requested by BAJ where such assistance is necessary to enable BAJ to comply with lawful regulatory obligations relating to services provided through the Platform.

Nothing in this clause requires the Driver to waive any legal right or privilege recognised under New Zealand law.

 

15.14 Confidentiality of Investigations

To protect the integrity of investigations, the Driver shall not publicly disclose confidential details of an ongoing BAJ investigation where such disclosure is reasonably likely to prejudice the investigation, compromise evidence, interfere with witnesses or expose confidential information.

This clause does not prevent the Driver from obtaining legal advice, complying with legal obligations, exercising statutory rights, communicating with regulators or making protected disclosures under applicable legislation.

 

15.15 Findings and Outcomes

Following completion of an investigation, BAJ may determine that no further action is required or may implement one or more measures authorised by this Agreement, including education, additional training, corrective action plans, written warnings, reimbursement obligations, recovery of losses, suspension, deactivation, termination or referral to relevant authorities.

In determining the appropriate outcome, BAJ may have regard to the seriousness of the conduct, whether the conduct was intentional or repeated, the impact on passengers or the Platform, any previous compliance history, the Driver’s cooperation during the investigation and any other relevant circumstances.

BAJ shall act reasonably, in good faith and consistently with this Agreement when determining the outcome of an investigation.

 

15.16 Survival

The obligations contained in this Section relating to cooperation, preservation of evidence, confidentiality of investigations and assistance with regulatory matters shall continue after termination of this Agreement to the extent reasonably necessary to conclude any investigation, legal proceeding, insurance claim, regulatory process or dispute arising from events occurring before termination.

SECTION 16 – SUSPENSION, DEACTIVATION, TERMINATION AND POST-TERMINATION OBLIGATIONS

 

16.1 Purpose

The Parties acknowledge that BAJ must maintain the ability to suspend, restrict or terminate access to the Platform where reasonably necessary to protect passengers, comply with legal obligations, safeguard the integrity of the Platform or respond to breaches of this Agreement.

The Parties further acknowledge that suspension and termination are important risk management tools designed to ensure that the BAJ Platform continues to operate safely, lawfully and efficiently. BAJ shall exercise the powers contained within this Section reasonably, in good faith and consistently with the terms of this Agreement.

Nothing in this Section limits any other contractual, statutory or equitable rights available to BAJ.

 

16.2 Administrative Suspension

BAJ may temporarily suspend all or part of a Driver’s access to the Platform where reasonably necessary for routine administrative purposes.

Administrative suspension may occur where documentation requires renewal, identity verification is pending, insurance has expired, vehicle certification requires updating, mandatory training has not been completed, subscription payments remain outstanding, minimum Driver Wallet requirements have not been maintained or other administrative requirements reasonably necessary for continued participation have not been satisfied.

Administrative suspension is intended to facilitate compliance and shall not, by itself, constitute a finding of misconduct.

 

16.3 Immediate Safety Suspension

Where BAJ reasonably believes that a Driver’s continued participation presents an immediate or significant risk to passenger safety, public safety, other Platform participants or BAJ’s legal obligations, BAJ may immediately suspend the Driver’s access to the Platform without prior notice.

Circumstances that may justify immediate suspension include serious safety incidents, allegations of violence, dangerous driving, driving while impaired, serious criminal allegations connected with Platform services, fraudulent identity verification, vehicle safety failures or any comparable circumstance where immediate action is reasonably necessary.

Where practicable, BAJ shall notify the Driver of the reasons for the suspension as soon as reasonably possible after the suspension has been implemented.

 

16.4 Suspension During Investigation

BAJ may temporarily suspend a Driver Account, Vehicle Account, Driver Operator Account, Fleet Operator Account or specific Platform functions while an investigation is conducted under Section 15.

Such suspension shall be precautionary in nature and shall not be interpreted as a determination that the Driver has breached this Agreement.

The duration of the suspension shall be no longer than reasonably necessary, having regard to the complexity of the investigation, the availability of relevant information, regulatory requirements and the need to protect passengers and the Platform.

 

16.5 Partial Suspension

BAJ may restrict access to particular services or features rather than suspending the Driver’s entire account where BAJ reasonably considers that a partial restriction is sufficient.

Without limitation, BAJ may temporarily suspend access to airport transfers, tourism services, Ride Bidding, Driver Operator functions, Fleet Operator functions, corporate bookings, premium services, scheduled bookings or other Platform modules while permitting continued participation in other authorised services.

BAJ may also impose temporary operational conditions, including additional supervision, mandatory training, enhanced verification requirements or increased compliance monitoring, where such measures are reasonably necessary to address identified concerns.

 

16.6 Grounds for Termination

Without limiting any other right available under this Agreement or at law, BAJ may terminate this Agreement where the Driver:

materially breaches this Agreement and fails to remedy the breach within a reasonable period after receiving notice where the breach is capable of remedy;

commits fraud, dishonesty or serious misconduct;

knowingly provides false or misleading information;

fails to maintain the licences, approvals or insurance required to operate lawfully;

engages in conduct that seriously damages the reputation or goodwill of BAJ;

repeatedly fails to comply with operational standards despite reasonable opportunities to improve;

fails to satisfy ongoing legal or regulatory requirements;

or otherwise demonstrates that continued participation on the Platform is no longer appropriate having regard to passenger safety, legal compliance or the legitimate commercial interests of BAJ.

Where the breach is incapable of remedy or involves serious misconduct, BAJ may terminate this Agreement immediately without prior notice.

 

16.7 Driver Termination Rights

The Driver may terminate participation in the BAJ Platform at any time by providing notice through the procedures specified by BAJ.

Termination by the Driver does not extinguish any financial obligations, investigation, legal proceeding, indemnity, confidentiality obligation or other provision intended to survive termination.

The Driver remains responsible for completing any outstanding obligations that arose before the effective date of termination.

 

16.8 Effect of Suspension

During any period of suspension, BAJ may restrict the Driver’s ability to accept new Bookings, receive dispatches, participate in Ride Bidding, access Driver Operator functions, access Fleet Operator functions or use any other Platform feature affected by the suspension.

Unless otherwise determined by BAJ, Bookings accepted before the suspension may be reassigned where necessary to protect passengers or maintain service continuity.

Suspension does not automatically release the Driver from obligations arising before the suspension took effect.

 

16.9 Effect of Termination

Upon termination of this Agreement, the Driver’s licence to use the BAJ Platform immediately ceases unless otherwise expressly authorised by BAJ.

The Driver shall immediately cease representing themselves as an authorised BAJ Driver, Driver Operator or Fleet Operator and shall discontinue the use of BAJ branding, logos, promotional materials and any other BAJ intellectual property.

The Driver shall also return or destroy BAJ property and confidential information where required by BAJ, except where retention is required by law.

 

16.10 Outstanding Financial Obligations

Termination or suspension does not affect the obligation of either Party to satisfy financial liabilities that arose before the effective date of suspension or termination.

BAJ may apply lawful set-off rights against Driver Wallet balances, unpaid earnings or other amounts held by BAJ to recover outstanding commissions, subscription fees, chargebacks, reimbursements, court-awarded costs or other amounts properly owing under this Agreement.

Where the Driver remains indebted to BAJ following termination, BAJ may pursue recovery using any lawful means available under this Agreement or applicable law.

 

16.11 Reinstatement

A Driver whose participation has been suspended may apply for reinstatement where the reason for suspension has been remedied.

BAJ may require updated documentation, additional training, vehicle inspections, identity verification, payment of outstanding amounts, compliance reviews or any other reasonable condition before restoring access to the Platform.

Nothing in this Agreement obliges BAJ to reinstate a Driver where BAJ reasonably concludes that reinstatement would be inconsistent with passenger safety, regulatory obligations or the legitimate operation of the Platform.

 

16.12 Survival of Obligations

Termination or expiry of this Agreement shall not affect any provision which, by its nature or express wording, is intended to survive termination.

Without limitation, provisions relating to payment obligations, confidentiality, intellectual property, privacy, indemnities, liability, dispute resolution, audit rights, investigation cooperation, debt recovery, record retention and governing law shall continue to bind the Parties after termination for so long as reasonably necessary to give effect to those provisions.

 

SECTION 17 – LIABILITY, INDEMNITIES, INSURANCE, RISK ALLOCATION AND LIMITATION OF LIABILITY

 

17.1 Purpose

The Parties acknowledge that the BAJ Platform operates as a technology-enabled marketplace connecting passengers with independent Drivers, Driver Operators and Fleet Operators. The Parties further acknowledge that the provision of transport services involves commercial, operational, technological and regulatory risks that cannot be entirely eliminated.

The purpose of this Section is to allocate responsibility for those risks fairly, clarify the respective liabilities of the Parties and establish the limitations and indemnities that apply in connection with the operation of the Platform.

Nothing contained in this Section is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded or limited under applicable New Zealand legislation.

 

17.2 Independent Responsibility of the Driver

The Driver acknowledges that they are solely responsible for the safe, lawful and professional operation of their vehicle and for the transport services personally provided to passengers.

Without limiting the generality of this obligation, the Driver accepts responsibility for compliance with road traffic laws, transport licensing requirements, vehicle safety, insurance, taxation, employment obligations, fatigue management, passenger safety, vehicle maintenance, operational decisions and any other legal responsibilities arising from the Driver’s independent business activities.

The Driver acknowledges that BAJ does not supervise or control the Driver’s manner of driving, route selection, operation of the vehicle or day-to-day business decisions except to the limited extent necessary to operate the Platform and maintain compliance with this Agreement.

 

17.3 Nature of BAJ’s Services

The Driver acknowledges that BAJ primarily provides technology services that facilitate bookings, communications, payment processing, dispatch functionality and related digital services.

Except where BAJ expressly agrees otherwise in writing, BAJ does not own, operate or control the Driver’s vehicle, employ the Driver, guarantee the availability of Bookings or assume responsibility for the transport services personally provided by the Driver.

The Driver further acknowledges that passengers contract for transport services with the Driver or other relevant transport provider through the BAJ Platform, while BAJ provides the underlying technology and marketplace services that facilitate those arrangements.

 

17.4 Driver Liability

The Driver shall be responsible for any loss, damage, liability, claim, penalty, cost or expense arising directly from:

the Driver’s negligent, reckless or unlawful conduct;

breach of this Agreement;

breach of applicable law;

operation of the Driver’s vehicle;

injury caused by the Driver’s acts or omissions;

damage to passenger property while under the Driver’s control;

misuse of the Platform;

fraudulent conduct;

or any other act or omission for which the Driver is legally responsible.

Nothing in this clause prevents the Driver from relying upon any insurance policy or statutory protection otherwise available.

 

17.5 BAJ Liability

To the maximum extent permitted by applicable law, BAJ shall not be liable for losses arising from matters outside BAJ’s reasonable control, including failures of telecommunications networks, internet connectivity, satellite systems, mapping providers, payment gateways, cloud infrastructure, mobile device failures, third-party software, cyberattacks by third parties, natural disasters, industrial action, government restrictions or other events beyond BAJ’s reasonable control.

Where BAJ is found legally liable for a breach of this Agreement, BAJ’s liability shall be limited to the remedies available under applicable law and any limitations expressly permitted by this Agreement.

 

17.6 Third-Party Service Providers

The Driver acknowledges that the BAJ Platform integrates with services provided by independent third parties, including mapping providers, payment processors, identity verification providers, cloud service providers, telecommunications providers, messaging providers, analytics providers and other technology partners.

Although BAJ exercises reasonable care in selecting and managing such providers, BAJ cannot guarantee the uninterrupted performance of services supplied by independent third parties and shall not be responsible for failures solely attributable to those providers, except to the extent liability cannot lawfully be excluded.

 

17.7 Insurance

The Driver shall maintain all insurance required by law and any additional insurance reasonably required by BAJ for participation on the Platform.

The Driver warrants that such insurance shall remain valid throughout participation on the Platform and shall promptly notify BAJ of any cancellation, lapse, material amendment or refusal of insurance coverage.

The Driver acknowledges that BAJ’s own insurance arrangements, if any, are maintained primarily for BAJ’s business operations and do not replace the Driver’s obligation to maintain adequate insurance for the transport services personally provided.

 

17.8 Indemnity in Favour of BAJ

Subject to applicable law, the Driver shall indemnify and keep indemnified BAJ, its directors, officers, employees, contractors, related companies and authorised representatives against all reasonably foreseeable losses, liabilities, damages, claims, costs and expenses (including reasonable legal costs on a solicitor-client basis where recoverable under New Zealand law) arising directly from:

the Driver’s breach of this Agreement;

the Driver’s negligent, fraudulent, reckless or unlawful conduct;

breach of applicable legislation;

infringement of third-party rights;

misuse of the BAJ Platform;

or any claim brought against BAJ that arises primarily from the Driver’s acts or omissions.

This indemnity shall not apply to the extent that the relevant loss has been caused or materially contributed to by BAJ’s own negligence, breach of this Agreement or unlawful conduct.

 

17.9 Passenger Claims

Where a passenger raises a complaint, claim or legal proceeding relating to transport services provided by the Driver, the Driver acknowledges responsibility for cooperating fully with BAJ, insurers and relevant authorities.

Nothing in this clause prevents BAJ from assisting passengers with complaint resolution or complying with its legal obligations as a marketplace operator.

Where BAJ incurs reasonable costs responding to claims that primarily arise from the Driver’s breach of this Agreement or unlawful conduct, BAJ may seek recovery of those costs to the extent permitted by this Agreement and applicable law.

 

17.10 Limitation of Certain Losses

To the fullest extent permitted by applicable law, neither Party shall be liable to the other for indirect, incidental, special, exemplary or consequential loss arising out of this Agreement, including loss of anticipated profits, loss of business opportunities, loss of goodwill or loss of future revenue, except where such losses arise from fraud, wilful misconduct, breach of confidentiality, infringement of intellectual property rights, indemnity obligations or any other circumstance in which liability cannot lawfully be excluded.

Nothing in this clause affects any statutory remedies that cannot be excluded by law.

 

17.11 Force Majeure

Neither Party shall be liable for failure or delay in performing obligations under this Agreement where such failure or delay results directly from events beyond that Party’s reasonable control, including natural disasters, earthquakes, floods, pandemics, acts of terrorism, civil unrest, war, widespread telecommunications failures, cyber incidents caused by third parties, power outages, government actions or other force majeure events.

The affected Party shall take reasonable steps to minimise the impact of the event and resume normal performance as soon as reasonably practicable.

 

17.12 Duty to Mitigate Loss

Each Party agrees to take reasonable steps to minimise any loss arising from a breach of this Agreement or other event giving rise to liability.

Nothing in this clause requires either Party to incur unreasonable expense or undertake measures that are disproportionate to the likely benefit.

 

17.13 No Waiver of Statutory Rights

Nothing contained within this Agreement shall exclude, restrict or modify any statutory right, guarantee or remedy that cannot lawfully be excluded or limited under New Zealand law.

Where any provision of this Agreement would otherwise conflict with mandatory legislative requirements, that provision shall be interpreted and applied only to the extent permitted by law, and the remainder of this Agreement shall continue in full force and effect.

 

17.14 Survival

The indemnities, limitations of liability, insurance obligations and risk allocation provisions contained in this Section shall survive the termination or expiry of this Agreement to the extent necessary to resolve claims, legal proceedings or liabilities arising from events that occurred before termination or from obligations expressly intended to continue after termination.

SECTION 18 – DISPUTE RESOLUTION, GOVERNING LAW, NOTICES AND GENERAL LEGAL PROVISIONS

 

18.1 Purpose

The Parties acknowledge that, despite their intention to cooperate in good faith, disputes or disagreements may occasionally arise concerning the interpretation, operation or enforcement of this Agreement.

The purpose of this Section is to establish fair, efficient and commercially practical procedures for resolving disputes while preserving the Parties’ respective legal rights and minimising unnecessary disruption to the operation of the BAJ Platform.

The Parties further acknowledge that continued cooperation, where reasonably practicable, is generally preferable to formal legal proceedings and agree to attempt to resolve disputes in a constructive manner before commencing litigation, except where immediate legal action is reasonably necessary to protect rights, property, confidential information, passenger safety or compliance with applicable law.

 

18.2 Good Faith Discussions

Where a dispute arises concerning this Agreement or the operation of the BAJ Platform, either Party may notify the other Party of the nature of the dispute.

Following receipt of such notice, the Parties shall use reasonable endeavours to discuss the matter in good faith with the objective of resolving the dispute promptly and commercially.

Nothing in this clause prevents either Party from taking urgent action where delay would materially prejudice its legal rights or obligations.

 

18.3 Internal Review

Before commencing legal proceedings, the Driver may request that BAJ conduct an internal review of a decision made under this Agreement, including decisions relating to suspension, deactivation, payment adjustments or other operational matters.

Upon receiving such a request, BAJ shall review the relevant decision in good faith, taking into account any additional information provided by the Driver.

An internal review does not require BAJ to reverse its decision where BAJ reasonably concludes that the original decision was appropriate.

Nothing in this clause limits BAJ’s ability to maintain interim protective measures during the review where reasonably necessary for passenger safety, regulatory compliance or the integrity of the Platform.

 

18.4 Mediation

Where a dispute cannot be resolved through good faith discussions or internal review, either Party may propose that the dispute be referred to mediation before an independent mediator agreed upon by the Parties.

Unless otherwise agreed, the costs of the mediator shall be shared equally, while each Party shall bear its own legal and professional costs associated with the mediation.

Participation in mediation shall not prevent either Party from seeking urgent interim relief from a court where such relief is reasonably necessary.

 

18.5 Court Proceedings

If a dispute remains unresolved following the procedures outlined in this Section, either Party may commence proceedings before a court or tribunal having jurisdiction over the dispute.

Nothing contained within this Agreement prevents a Party from exercising statutory rights available under New Zealand law or responding to proceedings commenced by another Party.

 

18.6 Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand.

The Parties acknowledge that the BAJ Platform is intended to operate in accordance with New Zealand’s legal and regulatory framework. Where BAJ expands into other jurisdictions, BAJ may require Drivers operating in those jurisdictions to enter into supplementary agreements or comply with additional jurisdiction-specific terms without affecting the validity of this Agreement to the extent applicable.

 

18.7 Jurisdiction

Subject to any mandatory statutory rights, the Parties submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to disputes arising out of or connected with this Agreement.

Nothing in this clause prevents BAJ from seeking urgent injunctive relief or other protective orders in any court having competent jurisdiction where reasonably necessary to protect its intellectual property, confidential information, technology or other legal rights.

 

18.8 Electronic Communications

The Driver acknowledges that BAJ primarily operates through digital communication systems.

Accordingly, notices, updates, operational instructions, invoices, statements, policy updates, compliance requests, suspension notices, payment information and other communications may be provided through the BAJ mobile application, email, SMS, in-app notifications, the Driver Portal or other electronic communication methods designated by BAJ.

Electronic communications transmitted in accordance with this clause shall be deemed received when they become capable of being accessed by the intended recipient, unless the contrary is established.

 

18.9 Formal Notices

Where this Agreement requires formal notice, such notice shall be given in writing and delivered through the communication methods approved by BAJ or otherwise required by applicable law.

The Driver is responsible for ensuring that contact details held by BAJ remain accurate and up to date.

A Party shall not be responsible for a failure to receive a notice resulting from the other Party’s failure to maintain current contact information.

 

18.10 Electronic Acceptance and Signatures

The Driver acknowledges that this Agreement may be accepted electronically through the BAJ Platform.

Acceptance by electronic signature, digital authentication, click-wrap acceptance, in-app confirmation, biometric verification or other reliable electronic method approved by BAJ shall constitute legally binding acceptance of this Agreement to the extent permitted by applicable law.

Electronic records maintained by BAJ relating to acceptance of this Agreement shall constitute prima facie evidence of acceptance unless proven otherwise.

 

18.11 Amendments

BAJ may amend this Agreement where reasonably necessary to reflect changes in legislation, regulatory requirements, technology, operational practices, commercial services, security requirements or the continued development of the Platform.

Where a proposed amendment materially affects the Driver’s contractual rights or obligations, BAJ shall provide reasonable notice through the Platform or other approved communication channels before the amendment takes effect, except where immediate changes are required to comply with applicable law or respond to urgent safety or security matters.

Continued use of the Platform after the effective date of an amendment shall constitute acceptance of the amended Agreement, except where mandatory law requires express acceptance.

 

18.12 Assignment

BAJ may assign, transfer, novate or otherwise deal with its rights and obligations under this Agreement in connection with a corporate restructure, merger, acquisition, sale of business, financing transaction or other legitimate commercial arrangement, provided that the assignee assumes the relevant obligations under this Agreement.

The Driver shall not assign, transfer, sublicense or otherwise dispose of any rights or obligations under this Agreement without BAJ’s prior written consent.

 

18.13 Entire Agreement

This Agreement, together with any schedules, policies, operational manuals and documents expressly incorporated by reference, constitutes the entire agreement between the Parties relating to the Driver’s participation on the BAJ Platform.

It supersedes all prior negotiations, discussions, understandings, representations and agreements concerning the subject matter of this Agreement, except where expressly preserved in writing.

Nothing in this clause excludes liability for fraudulent misrepresentation or any representation that cannot lawfully be excluded.

 

18.14 Severability

If any provision of this Agreement is determined by a court or tribunal of competent jurisdiction to be unlawful, invalid or unenforceable, that provision shall be severed only to the extent necessary.

The remaining provisions shall continue in full force and effect unless the removal of the invalid provision fundamentally alters the commercial purpose of the Agreement.

Where reasonably possible, the invalid provision shall be interpreted or modified to give effect to its original commercial purpose while remaining legally enforceable.

 

18.15 Waiver

A failure or delay by either Party in exercising any right or remedy under this Agreement shall not constitute a waiver of that right.

Any waiver shall be effective only if recorded in writing by the Party granting the waiver and shall apply only to the specific circumstances for which it was given.

A waiver relating to one breach shall not operate as a waiver of any future or continuing breach.

 

18.16 Relationship of the Parties

Nothing contained in this Agreement creates a relationship of employer and employee, principal and agent, partnership, joint venture, franchise or fiduciary relationship between BAJ and the Driver.

The Driver participates on the Platform as an independent contractor operating an independent business and is solely responsible for the legal and financial obligations associated with that business, except where this Agreement expressly provides otherwise.

Nothing in this Agreement prevents BAJ from exercising reasonable operational controls necessary to operate the Platform, protect passengers, comply with legal obligations or maintain service quality.

 

18.17 Rights and Remedies

The rights and remedies provided under this Agreement are cumulative and are in addition to any rights or remedies available under applicable law.

The exercise of one remedy does not prevent either Party from exercising another remedy available under this Agreement or at law unless expressly prohibited.

 

18.18 Further Assurances

Each Party agrees to execute any additional documents and take any further reasonable action necessary to give full effect to this Agreement and the lawful intentions of the Parties.

 

18.19 Counterparts

Where this Agreement is executed in multiple counterparts or through electronic execution processes, each counterpart shall constitute an original and all counterparts together shall constitute one and the same agreement.

 

18.20 Interpretation

Unless the context otherwise requires, references in this Agreement to legislation include amendments, replacements and subordinate legislation made under that legislation. Headings are included for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. References to a person include an individual, company, partnership, trust, government agency or other legal entity. References to “including” or similar expressions are to be interpreted as meaning “including, without limitation.”

 

18.21 Survival

Any provision of this Agreement which, by its nature or express wording, is intended to continue after termination shall survive termination or expiry, including provisions relating to confidentiality, privacy, intellectual property, payment obligations, indemnities, dispute resolution, governing law, liability, audit rights, debt recovery and record retention.

 

 

SCHEDULE A – DEFINITIONS AND INTERPRETATION

A.1 Purpose

This Schedule forms an integral part of the BAJ Driver Platform Agreement. Unless the context requires otherwise, the following definitions apply throughout this Agreement, all incorporated schedules, policies, manuals and any future amendments expressly adopted by BAJ.

Words defined in the singular include the plural and vice versa. References to one gender include every gender. References to legislation include amendments, replacements and subordinate legislation. References to “including” or similar expressions mean “including without limitation.”

 

A.2 Definitions

Account

Means any account created, approved or maintained by BAJ for access to any BAJ Platform service.

 

Active Driver

Means a Driver whose Account remains approved and eligible to receive Bookings.

 

Administrator

Means any employee, contractor or authorised representative appointed by BAJ to administer the Platform.

 

Affiliate

Means any parent company, subsidiary, related company, associated entity, successor or entity under common ownership or control with BAJ.

 

Agreement

Means this BAJ Driver Platform Agreement together with every Schedule, incorporated Policy, Operational Manual, amendment and document expressly incorporated by reference.

 

Airport Booking

Means any Booking commencing from, terminating at or otherwise involving an airport or airport-controlled location.

 

Airport Charges

Means any airport fees, access charges, parking charges, pickup charges, drop-off charges or similar charges payable in connection with airport operations.

 

Algorithm

Means any mathematical model, software logic, artificial intelligence model, machine learning process or automated decision-making system used by BAJ.

 

Appeal

Means a request submitted by a Driver seeking review of a BAJ decision under this Agreement.

 

Artificial Intelligence or AI

Means any automated technology capable of analysing information, learning patterns, making recommendations, supporting decisions or performing intelligent functions within the BAJ Platform.

 

Audit

Means any review, inspection, examination or verification undertaken by BAJ for the purpose of ensuring compliance with this Agreement.

 

Authorised Driver

Means a Driver approved by BAJ to operate through the Platform.

 

BAJ

Means BAJ Technologies Limited together with its successors, permitted assigns and affiliated entities operating the BAJ Platform.

 

BAJ App

Means every mobile application developed, licensed or operated by BAJ.

 

BAJ Brand

Means every trademark, logo, trade name, service mark, business name, domain name, branding element, slogan and other commercial identifier owned or licensed by BAJ.

 

BAJ Platform

Means the complete technology ecosystem operated by BAJ, including mobile applications, websites, APIs, cloud systems, dispatch systems, Ride Bidding, Driver Wallet, payment services, Operator Network, customer support systems and future technology introduced by BAJ.

 

Booking

Means a passenger transport request accepted or processed through the BAJ Platform.

 

Business Day

Means any day other than a Saturday, Sunday or public holiday observed in New Zealand.

 

Cancellation

Means termination of a Booking before completion.

 

Cancellation Fee

Means any fee payable under BAJ’s pricing rules following cancellation of a Booking.

 

Chargeback

Means reversal of a payment initiated through a financial institution or payment provider.

 

Commercial Information

Means non-public commercial information relating to BAJ’s operations.

 

Confidential Information

Has the meaning provided in Section 13 of this Agreement and includes every non-public commercial, operational, technical and financial record belonging to BAJ.

 

Convenience Fee

Means any service fee charged by BAJ for facilitating electronic payments or Platform services.

 

Corporate Account

Means a business customer account approved by BAJ for commercial transport services.

 

Corporate Booking

Means any Booking made through a Corporate Account.

 

Customer

Means any passenger, corporate client or authorised user receiving services through the BAJ Platform.

 

Data

Means any electronic, digital, written or recorded information processed through the Platform.

 

Deactivation

Means permanent or indefinite removal of Platform access.

 

Debt

Means every amount lawfully owing to BAJ under this Agreement.

 

Dispatch

Means allocation or assignment of Bookings through the BAJ Platform.

 

Dispatch Algorithm

Means the automated or manual process used by BAJ to allocate transport requests.

 

Dispute

Means any disagreement arising from or connected with this Agreement.

 

Driver

Means an individual approved by BAJ to provide transport services through the Platform.

 

Driver Account

Means the Driver’s Platform account.

 

Driver Operator

Means a Driver approved by BAJ to dispatch or manage other Drivers through the Operator Network.

 

Driver Wallet

Means the electronic account maintained within the Platform for processing earnings, fees, subscriptions, adjustments and other authorised financial transactions.

 

Earnings

Means gross amounts earned by a Driver before deductions authorised under this Agreement.

 

Electronic Communication

Means any notice transmitted through email, SMS, in-app notification, Driver Portal or another electronic method approved by BAJ.

 

Emergency

Means any circumstance involving an immediate risk to life, health, safety or significant property damage.

 

Fleet

Means two or more vehicles operated under common management.

 

Fleet Operator

Means a business or individual approved by BAJ to manage multiple Drivers or vehicles.

 

Force Majeure Event

Means an event beyond the reasonable control of the affected Party, including natural disasters, earthquakes, floods, pandemics, war, civil unrest, terrorism, government action, widespread power failures or telecommunications failures.

 

Fraud

Means dishonest, deceptive or unlawful conduct intended to obtain an improper benefit.

 

Future Services

Means every transport, logistics, tourism, mobility, delivery or technology service introduced by BAJ after execution of this Agreement.

 

Good Faith

Means honesty, fairness and reasonableness in commercial dealings.

 

GPS

Means Global Positioning System technology or any successor positioning technology.

 

Intellectual Property

Means every copyright, patent, trademark, design, database right, trade secret, know-how, confidential process, software right and other proprietary right recognised under applicable law.

 

Investigation

Means an inquiry undertaken by BAJ into actual or suspected breaches of this Agreement.

 

Long Distance Booking

Means a Booking travelling beyond the geographical limits defined in BAJ policies or pricing rules.

 

Marketplace

Means the digital environment through which BAJ connects passengers and independent transport providers.

 

Passenger

Means any individual travelling under an authorised Booking.

 

Payment Gateway

Means any electronic payment processing service integrated with the BAJ Platform.

 

Platform Fee

Means any commission, subscription, convenience fee or other authorised fee payable to BAJ.

 

Policy

Means any operational, technical, safety, financial or administrative policy published by BAJ and expressly incorporated into this Agreement.

 

Premium Service

Means any enhanced category of transport service designated by BAJ.

 

Privacy Policy

Means BAJ’s Privacy Policy as amended from time to time.

 

Rating

Means any customer rating or performance score generated within the Platform.

 

Refund

Means repayment of all or part of a fare or other amount.

 

Ride Bid

Means an individual price offer submitted through the Ride Bidding system.

 

Ride Bidding

Means BAJ’s proprietary marketplace allowing eligible Drivers to submit bids for passenger transport requests in accordance with BAJ’s operating rules.

 

Service Fee

Means any fee payable to BAJ for providing Platform services.

 

Subscription

Means any recurring fee payable for participation in all or part of the BAJ Platform.

 

Suspension

Means temporary restriction of access to all or part of the Platform.

 

Technology

Means every software, hardware, cloud system, AI system, database, API, mobile application, website, communication system or digital infrastructure used by BAJ.

 

Tourism Booking

Means a Booking involving sightseeing, tourism, excursions, guided travel, day tours, multi-day tours or tourism-related transport services.

 

Vehicle

Means any motor vehicle approved by BAJ for operation through the Platform.

 

Vehicle Account

Means the Platform record relating to an approved Vehicle.

 

Wallet Balance

Means the current monetary balance recorded within the Driver Wallet after authorised credits and deductions.

 

Working Day

Means a Business Day unless otherwise stated.

 

A.3 Interpretation

Where a word or expression is defined in this Schedule, the same meaning applies throughout this Agreement unless the context clearly requires otherwise.

If any inconsistency arises between this Agreement and a BAJ Policy, the provisions of this Agreement shall prevail unless the Agreement expressly provides that the relevant Policy governs the matter in question. Where two incorporated policies appear inconsistent, BAJ may issue a written clarification identifying which policy applies, provided such clarification is not inconsistent with this Agreement or mandatory law.

 

 

SCHEDULE B – BAJ SERVICES, PLATFORM MODULES AND FUTURE SERVICE EXPANSION

B.1 Purpose

This Schedule identifies the transport, mobility, logistics and digital services that may be offered through the BAJ Platform. The Parties acknowledge that BAJ is a technology company operating a multi-service digital marketplace and that its services will continue to evolve.

Unless BAJ expressly provides otherwise in writing, every service made available through the Platform shall be governed by the terms of this Agreement together with any applicable BAJ Policy, Operational Manual or Service Standard incorporated by reference.

Nothing in this Schedule obliges BAJ to introduce or continue any particular service, nor does it guarantee that every service will be available in every geographical location.

 

B.2 Passenger Transport Services

The BAJ Platform may facilitate passenger transport services, including traditional taxi services, rideshare services, Ride Bidding services, pre-booked transport, on-demand transport and any comparable passenger transport services introduced by BAJ.

Drivers approved for passenger transport services shall comply with this Agreement together with any operational standards, licensing requirements and service-specific policies issued by BAJ.

 

B.3 Ride Bidding Services

Ride Bidding is BAJ’s proprietary marketplace system allowing eligible Drivers to submit competitive fare offers for passenger transport requests.

Participation in Ride Bidding remains subject to BAJ’s eligibility requirements, pricing rules, operational standards and technological controls.

BAJ reserves the right to determine which Drivers may participate, how bids are displayed, the timing of bid submissions, bid validity periods, pricing limits, automated recommendations and any other operational rules governing Ride Bidding.

Nothing in this Agreement guarantees that a Driver will receive Ride Bidding opportunities or that a submitted bid will be accepted by a passenger.

 

B.4 Airport Transfer Services

BAJ may facilitate airport transportation including scheduled transfers, on-demand airport pickups, airport drop-offs, meet-and-greet services and airport shuttle operations.

Drivers participating in airport services shall comply with airport operating procedures, airport authority requirements, designated pickup and drop-off zones, permit conditions, parking requirements and any airport-specific policies published by BAJ.

Where airport authorities amend their operating rules, BAJ may update its operational requirements accordingly.

 

B.5 Tourism and Sightseeing Services

The BAJ Platform may facilitate tourism-related transport including sightseeing tours, private tours, day trips, multi-day tours, customised itineraries, scenic journeys and tourism transfers.

Drivers approved for tourism services shall maintain standards of professionalism appropriate for visitors and shall comply with any tourism service standards, itinerary requirements, presentation standards, customer service requirements and operational procedures prescribed by BAJ.

Nothing in this Agreement authorises a Driver to represent themselves as a licensed tour guide where such representation would be misleading or contrary to applicable law.

 

B.6 Long-Distance and Inter-City Transport

BAJ may facilitate transport services extending beyond local operating areas, including regional, inter-city and long-distance travel.

BAJ may establish separate pricing structures, cancellation rules, waiting time provisions, accommodation arrangements, fuel policies, return journey provisions or other operational requirements applicable to long-distance transport.

Drivers may decline long-distance Bookings where permitted by BAJ policies, provided such decisions are made consistently with Platform rules.

 

B.7 Corporate and Business Services

BAJ may provide transport services to businesses, government agencies, educational institutions, healthcare providers, tourism operators and other commercial organisations through Corporate Accounts.

Drivers participating in Corporate Bookings shall comply with any additional confidentiality, service quality, invoicing, reporting, identification or operational requirements applicable to those customers.

Corporate customers may be subject to contractual arrangements that differ from standard passenger bookings, and Drivers acknowledge that BAJ may establish service-specific operating procedures to meet those contractual obligations.

 

B.8 Driver Operator Network

BAJ may operate a Driver Operator Network under which approved Driver Operators dispatch, supervise or coordinate transport services within areas or service categories approved by BAJ.

Participation in the Driver Operator Network remains subject to the additional rights and obligations contained in this Agreement and any Driver Operator Policy issued by BAJ.

Driver Operators acknowledge that dispatch authority is delegated by BAJ and may be modified, restricted or withdrawn in accordance with this Agreement.

 

B.9 Fleet Operator Services

BAJ may approve Fleet Operators to manage multiple Drivers and Vehicles through the Platform.

Fleet Operators remain responsible for ensuring that every Driver and Vehicle under their management complies with this Agreement and any applicable Fleet Operator Policy.

BAJ reserves the right to establish minimum operational standards, reporting requirements, insurance requirements, financial requirements and compliance obligations applicable to Fleet Operators.

 

B.10 Accessibility Services

BAJ may introduce transport services specifically designed for passengers with disabilities, reduced mobility or other accessibility requirements.

Drivers participating in accessibility services shall complete any training reasonably required by BAJ and shall operate accessibility equipment in accordance with applicable legislation, manufacturer instructions and BAJ operational standards.

BAJ may establish separate vehicle eligibility requirements for accessibility services.

 

B.11 Delivery and Logistics Services

BAJ may introduce parcel delivery, courier services, document delivery, food delivery, grocery delivery, pharmacy delivery or other logistics services through the Platform.

Where a Driver elects to participate in delivery services, the provisions of this Agreement shall apply with such modifications as are reasonably necessary having regard to the nature of the service.

BAJ may publish separate operational standards governing collection procedures, proof of delivery, handling requirements, prohibited goods and delivery timeframes.

 

B.12 Future Mobility Services

The Driver acknowledges that transportation technology continues to evolve rapidly.

Accordingly, BAJ may introduce new mobility services including vehicle subscription services, car sharing, electric vehicle charging coordination, autonomous vehicle operations, micro-mobility services, integrated transport planning, Mobility-as-a-Service (MaaS), artificial intelligence dispatch systems, robotics-assisted logistics or any other transport-related technology or commercial service.

Unless BAJ expressly provides otherwise, participation in any future service shall remain subject to this Agreement together with any supplementary service-specific requirements.

 

B.13 Geographic Expansion

BAJ may expand its Platform into additional cities, regions or countries.

Where BAJ introduces services outside New Zealand, BAJ may publish jurisdiction-specific policies, regulatory requirements or supplementary contractual terms applicable to Drivers operating within those jurisdictions.

Nothing in this Agreement guarantees a Driver the right to operate in every geographical location in which BAJ conducts business.

 

B.14 Modification of Services

BAJ may introduce, suspend, consolidate, replace or discontinue any Platform service where reasonably necessary for commercial, operational, technological or regulatory reasons.

Where a material change affects a Driver’s participation in a particular service category, BAJ shall provide reasonable notice through the Platform unless immediate changes are required to comply with law or address urgent operational or safety concerns.

The suspension or discontinuation of one service category does not affect the continued operation of this Agreement in relation to other authorised services unless this Agreement itself is terminated.

 

B.15 Relationship with Service-Specific Policies

This Schedule establishes the categories of services that may be offered through the BAJ Platform.

Operational procedures, service standards, pricing methodologies, eligibility requirements, training obligations and technical specifications applicable to particular service categories may be set out in separate BAJ Policies or Operational Manuals.

To the extent permitted by law, those Policies and Manuals shall form part of the contractual framework governing participation in the relevant service, provided they are expressly incorporated by reference and are not inconsistent with the express terms of this Agreement.

 

 

SCHEDULE C – DRIVER WALLET, FEES, COMMISSIONS, PAYMENTS AND FINANCIAL RULES

C.1 Purpose

This Schedule establishes the financial framework governing the Driver Wallet, commissions, subscriptions, Platform fees, settlements and other monetary transactions processed through the BAJ Platform.

The Driver acknowledges that BAJ operates an electronic financial management system designed to facilitate the collection, distribution, reconciliation and administration of payments relating to services provided through the Platform.

This Schedule shall be read together with Sections 6, 7, 16 and all other applicable provisions of this Agreement.

 

C.2 Driver Wallet

Every approved Driver shall be provided with a Driver Wallet unless BAJ determines that a particular service category requires an alternative financial arrangement.

The Driver Wallet is an electronic ledger maintained by BAJ for recording authorised financial transactions connected with the Driver’s participation on the Platform.

The Driver acknowledges that the Driver Wallet is an internal accounting mechanism operated by BAJ and is not a bank account, stored-value facility, investment account or trust account unless expressly required by applicable law.

A Driver Wallet may record credits, debits, commissions, subscription fees, taxes, refunds, adjustments, promotional credits, incentives, penalties, reimbursements, chargebacks and any other financial transactions authorised under this Agreement.

 

C.3 Wallet Ownership and Access

The Driver may view Wallet activity through the BAJ Platform, subject to the availability of Platform services.

BAJ retains ownership of the software, accounting systems and transaction records supporting the Driver Wallet.

The Driver is responsible for reviewing Wallet transactions regularly and notifying BAJ within a reasonable time if the Driver believes that an error has occurred.

Failure to immediately dispute a transaction does not prevent BAJ from correcting genuine accounting errors discovered later.

 

C.4 Wallet Recharge

Where required by BAJ, the Driver shall maintain a minimum Wallet balance by depositing funds using payment methods approved by BAJ.

Wallet recharge methods may include debit cards, credit cards, bank transfers, electronic payment services or any other payment methods approved by BAJ.

BAJ may establish minimum recharge amounts, maximum recharge amounts, processing requirements and identity verification procedures to protect the integrity of the Platform.

Funds deposited into the Wallet may be subject to verification and fraud prevention procedures before becoming available for use.

 

C.5 Automatic Deductions

The Driver authorises BAJ to automatically deduct amounts lawfully payable under this Agreement from the Driver Wallet, Driver earnings or other amounts held by BAJ.

Without limitation, automatic deductions may include Platform Service Fees, commissions, subscription fees, convenience fees, airport charges, payment processing costs, chargebacks, refunds, debt recovery amounts, reimbursements, fines properly recoverable under this Agreement, adjustments resulting from accounting corrections and any other amount expressly authorised by this Agreement or applicable law.

Each deduction shall be recorded within the Driver Wallet or otherwise made available through the Platform.

 

C.6 Platform Service Fees

The Driver acknowledges that BAJ earns revenue by providing technology, marketplace, dispatch, payment processing and related Platform services.

Accordingly, BAJ may charge Platform Service Fees in accordance with the pricing structure applicable to the relevant service category.

Platform Service Fees may differ between Ride Bidding, taxi services, airport transfers, tourism services, corporate services, delivery services or any future BAJ service.

BAJ may revise Platform Service Fees from time to time by providing reasonable notice where required under the Agreement.

 

C.7 Subscription Plans

BAJ may require participation in one or more subscription plans as a condition of accessing certain Platform features, service categories or commercial opportunities.

Subscriptions may be charged weekly, fortnightly, monthly, quarterly, annually or under another recurring billing cycle determined by BAJ.

Subscription fees may vary depending upon geographical location, service category, Driver classification, Fleet participation, Driver Operator status or other commercial factors reasonably determined by BAJ.

Where a subscription remains unpaid, BAJ may suspend access to all or part of the Platform until payment has been received.

 

C.8 Settlement of Driver Earnings

Subject to this Agreement, BAJ shall calculate Driver earnings based upon completed Bookings and other authorised transactions recorded through the Platform.

Settlements shall ordinarily be made in accordance with the payment cycle published by BAJ, provided that BAJ may delay settlement where reasonably necessary to investigate suspected fraud, resolve payment disputes, process chargebacks, comply with legal obligations or protect the financial integrity of the Platform.

The Driver acknowledges that displayed earnings may remain provisional until final settlement has been completed.

 

C.9 Taxes

Unless expressly stated otherwise, fares displayed to passengers through the BAJ Platform are inclusive of Goods and Services Tax (GST) where applicable.

The Driver acknowledges that the Driver operates an independent business and remains solely responsible for determining, reporting and paying all GST, income tax, ACC levies and any other taxes, duties or statutory charges arising from the Driver’s business activities.

BAJ may provide transaction summaries or tax reports to assist Drivers in meeting their obligations; however, such information is provided for convenience only and does not constitute tax advice. Drivers should obtain independent accounting or taxation advice where appropriate.

 

C.10 Chargebacks and Payment Disputes

Where a financial institution, payment processor or card issuer reverses or disputes a payment relating to a Booking, BAJ may investigate the matter and make reasonable adjustments to the Driver Wallet where appropriate.

The Driver agrees to cooperate with BAJ by providing information reasonably required to respond to payment disputes.

Where a chargeback results from the Driver’s fraud, breach of this Agreement or other conduct for which the Driver is responsible, BAJ may recover the disputed amount together with any reasonable processing costs incurred by BAJ to the extent permitted by law.

 

C.11 Refunds and Fare Adjustments

BAJ may issue refunds, credits or fare adjustments to passengers where BAJ reasonably concludes that a refund is appropriate under applicable law, BAJ policy or the circumstances of a particular Booking.

Where the refund primarily results from the Driver’s breach of this Agreement, negligence or other conduct for which the Driver is responsible, BAJ may recover the refunded amount from the Driver Wallet or future earnings.

Nothing in this clause limits BAJ’s ability to absorb refunds as a commercial decision where BAJ considers it appropriate.

 

C.12 Promotional Credits and Incentives

BAJ may offer bonuses, referral incentives, promotional credits, loyalty rewards or other commercial incentives to Drivers from time to time.

Unless expressly stated otherwise, promotional benefits are discretionary, may be subject to eligibility criteria and may be amended, suspended or withdrawn by BAJ at any time.

Promotional credits have no cash value unless BAJ expressly provides otherwise and may expire in accordance with the applicable promotional terms.

Where BAJ reasonably determines that a promotional benefit was obtained through fraud, abuse or breach of this Agreement, BAJ may cancel the benefit and recover any amounts already credited.

 

C.13 Negative Wallet Balance

If deductions exceed available Wallet funds, the Driver Wallet may display a negative balance.

The Driver shall promptly repay any negative balance using payment methods approved by BAJ.

BAJ may suspend Platform access, withhold future earnings, apply lawful set-off rights or pursue debt recovery procedures until the outstanding balance has been satisfied.

 

C.14 Financial Records

BAJ shall maintain electronic records of Wallet transactions for such period as BAJ reasonably considers appropriate, having regard to legal, taxation and operational requirements.

The Driver acknowledges that electronic transaction records maintained in the ordinary course of BAJ’s business shall constitute prima facie evidence of the relevant transactions unless demonstrated to be incorrect.

Drivers are encouraged to download or retain copies of transaction statements for their own accounting and taxation purposes.

 

C.15 Financial Amendments

BAJ may revise operational financial procedures contained in this Schedule where reasonably necessary to reflect changes in legislation, taxation, payment technologies, fraud prevention measures, commercial practices or Platform development.

Where a proposed amendment materially affects the Driver’s financial obligations, BAJ shall provide reasonable notice through the Platform before the amendment takes effect, except where immediate implementation is required to comply with applicable law or address urgent security or fraud risks.

SCHEDULE D – VEHICLE STANDARDS, APPROVAL, CONTINUING COMPLIANCE AND OPERATIONAL REQUIREMENTS

D.1 Purpose

This Schedule forms an integral part of the Agreement and establishes the standards governing every Vehicle approved to operate through the BAJ Platform. The Parties acknowledge that the quality, safety, presentation and mechanical condition of Vehicles operating through the Platform are fundamental to passenger safety, regulatory compliance, public confidence and the commercial reputation of BAJ. Accordingly, every Driver accepts that approval of a Vehicle is not a one-time administrative process but an ongoing condition of participation in the Platform, requiring continuous compliance with this Agreement, all applicable legislation and any operational standards lawfully introduced by BAJ from time to time.

The Driver further acknowledges that BAJ operates a technology-enabled marketplace in which passengers reasonably expect Vehicles to be safe, reliable, clean, professionally presented and suitable for the category of service being offered. The standards contained within this Schedule are therefore intended not only to promote compliance with applicable transport legislation but also to protect the integrity of the BAJ Brand and to ensure a consistent customer experience across every transport service facilitated through the Platform.

Nothing contained in this Schedule limits any higher standard imposed by legislation, regulatory authorities, airport operators, commercial customers or service-specific operational manuals. Where multiple standards apply simultaneously, the Driver shall comply with whichever requirement establishes the higher level of safety, legality or operational quality.

 

D.2 Vehicle Approval

No Vehicle may be used to provide services through the BAJ Platform unless it has first been approved by BAJ in accordance with the procedures established under this Agreement. Approval of a Vehicle constitutes confirmation only that, at the time of assessment, the Vehicle satisfied BAJ’s minimum operational requirements. Such approval shall not constitute a representation or warranty by BAJ that the Vehicle will remain roadworthy, mechanically sound or legally compliant thereafter, nor shall it relieve the Driver of any statutory or contractual responsibility relating to the ownership, maintenance or lawful operation of the Vehicle.

The Driver warrants that every Vehicle submitted for approval has been lawfully registered, possesses every licence, certificate and authorisation required under New Zealand law, and is suitable for the transport services for which approval is sought. The Driver further warrants that all information supplied to BAJ regarding the Vehicle, including its registration, ownership, insurance, safety certifications, mechanical condition, service history and specifications, is true, complete and not misleading in any material respect.

BAJ reserves the right to require documentary evidence, photographic evidence, video verification, physical inspection or independent mechanical assessment before granting or renewing Vehicle approval. Where BAJ reasonably considers that additional information is necessary to assess the suitability of a Vehicle, the Driver shall promptly provide such information within the time specified by BAJ.

Approval of one Vehicle shall not constitute approval of any replacement Vehicle, temporary Vehicle or additional Vehicle unless separately approved in accordance with this Schedule.

 

D.3 Continuing Compliance

The Driver acknowledges that Vehicle compliance is a continuing contractual obligation extending throughout the entire period during which the Vehicle participates in the BAJ Platform. The Driver shall continuously maintain the Vehicle in a condition that satisfies this Agreement regardless of whether BAJ conducts inspections or requests updated documentation.

Should any circumstance arise that may materially affect the Vehicle’s legality, roadworthiness, safety, insurance status or suitability for passenger transport, the Driver shall immediately cease operating the Vehicle through the Platform until the relevant issue has been rectified. This obligation applies irrespective of whether the defect has resulted from mechanical failure, collision damage, vandalism, ordinary wear and tear, manufacturer recalls or any other cause capable of affecting passenger safety or regulatory compliance.

The Driver further acknowledges that BAJ’s decision not to inspect a Vehicle on any particular occasion shall not constitute acceptance that the Vehicle continues to satisfy Platform requirements, nor shall it operate as a waiver of BAJ’s rights under this Agreement. The responsibility for maintaining continuous compliance remains solely with the Driver at all times.

 

D.4 Roadworthiness and Mechanical Integrity

Every Vehicle operating through the BAJ Platform shall remain mechanically safe, structurally sound and fully compliant with all legislative requirements applicable to passenger transport within New Zealand. The Driver accepts responsibility for ensuring that every component affecting the safe operation of the Vehicle is maintained in proper working order, serviced in accordance with manufacturer recommendations where reasonably practicable, and repaired promptly whenever deterioration, malfunction or damage becomes apparent.

Without limiting the general obligation to maintain a safe Vehicle, the Driver shall ensure that braking systems, steering systems, suspension components, tyres, wheels, lighting equipment, indicators, mirrors, glazing, windscreens, seat belts, restraint systems, engine components, transmission systems, electrical systems, exhaust systems, safety warning systems, heating, ventilation, air-conditioning equipment and every other mechanical or electronic component necessary for the lawful and safe operation of the Vehicle remain fully functional throughout the period of Platform participation.

Where a warning light, mechanical fault, unusual vibration, fluid leak, abnormal noise, manufacturer recall or other circumstance could reasonably indicate that continued operation of the Vehicle may compromise passenger safety, legal compliance or service quality, the Driver shall immediately withdraw the Vehicle from service until appropriate repairs have been completed. Where BAJ reasonably requires evidence that repairs have been undertaken, the Driver shall provide invoices, inspection reports, repair certificates or such other documentation as BAJ may reasonably request before the Vehicle is returned to active service.

The Driver acknowledges that passenger safety shall always take precedence over commercial considerations and agrees that no Booking, financial incentive or operational requirement shall justify the continued use of a Vehicle whose condition creates an unreasonable risk to passengers, road users or the reputation of the BAJ Platform.

 

SCHEDULE E – INCORPORATED POLICIES, OPERATIONAL MANUALS, PLATFORM STANDARDS AND FUTURE GOVERNANCE

E.1 Purpose

This Schedule forms an integral part of the Agreement and establishes the governance framework under which BAJ may publish, maintain, amend and implement operational policies, technical standards, service manuals and procedural requirements applicable to participation in the BAJ Platform.

The Parties acknowledge that BAJ operates a continuously evolving technology platform providing multiple transport and mobility services across different geographical locations, customer sectors and regulatory environments. Accordingly, while this Agreement establishes the fundamental contractual rights and obligations governing the relationship between BAJ and the Driver, it is neither practical nor commercially desirable for every operational procedure, technical requirement or administrative process to be contained within the body of this Agreement.

The Driver therefore acknowledges that BAJ may establish supplementary operational documents to regulate the practical administration of the Platform, provided that those documents are issued in accordance with this Schedule and remain consistent with the express terms of this Agreement and applicable law.

 

E.2 Nature of Incorporated Policies

Every policy, operational manual, technical standard or procedural document expressly incorporated into this Agreement shall form part of the contractual framework governing the Driver’s participation on the BAJ Platform.

Such documents are intended to provide operational guidance regarding the practical implementation of the Agreement and may prescribe procedures, technical standards, administrative requirements, safety protocols, service quality expectations, operational workflows and compliance measures appropriate to the relevant service category.

Unless expressly stated otherwise, incorporated policies supplement this Agreement and do not replace or diminish any contractual obligation contained within it.

Where a Driver participates in multiple BAJ services, the Driver agrees to comply with every incorporated policy applicable to each service in which the Driver elects to participate.

 

E.3 Relationship Between the Agreement and Policies

This Agreement shall remain the primary contractual document governing the relationship between BAJ and the Driver.

Where an incorporated policy provides operational guidance relating to matters already addressed within the Agreement, that policy shall be interpreted consistently with the Agreement so far as reasonably possible.

If an inconsistency arises between the express provisions of this Agreement and an incorporated policy, the provisions of this Agreement shall prevail unless applicable legislation requires otherwise.

Nothing contained within an incorporated policy authorises BAJ to remove or substantially diminish contractual rights granted to the Driver under this Agreement except where such modification is expressly permitted by this Agreement or required by law.

 

E.4 Categories of Incorporated Policies

Without limiting BAJ’s ability to develop additional operational documents as its business evolves, the Parties acknowledge that incorporated policies may include documents governing driver conduct, vehicle standards, Driver Wallet operations, payment procedures, Ride Bidding, Driver Operator administration, Fleet Operator management, airport services, tourism operations, accessibility services, customer service standards, complaints handling, fraud prevention, platform security, privacy management, artificial intelligence governance, business continuity planning, technology standards, identity verification, promotional programmes, dispute resolution procedures and other operational matters reasonably connected with the administration of the Platform.

The inclusion or amendment of any incorporated policy shall not of itself create a new contractual relationship separate from this Agreement, but shall operate as part of the overall contractual framework established between the Parties.

 

E.5 Publication and Accessibility

BAJ shall make incorporated policies reasonably available to Drivers through the BAJ Platform, Driver Portal, electronic communication systems or other reasonable methods determined by BAJ.

The Driver acknowledges that operational policies may be published in digital form and that electronic publication satisfies BAJ’s obligation to make such documents available.

The Driver further acknowledges responsibility for reviewing operational updates made available through the Platform and for ensuring continuing familiarity with policies applicable to the services in which the Driver participates.

 

E.6 Amendment of Policies

The Parties acknowledge that operational requirements may require amendment from time to time as a consequence of changes in legislation, regulatory expectations, technological development, cybersecurity risks, payment systems, commercial practices, customer expectations, transport industry standards or the ongoing development of the BAJ Platform.

Accordingly, BAJ may amend incorporated policies where BAJ reasonably considers such amendment necessary for the proper administration, safety, security or commercial operation of the Platform.

Where a proposed amendment materially affects the operational obligations of Drivers, BAJ shall provide reasonable notice through the Platform before the amendment takes effect unless immediate implementation is reasonably necessary to comply with law, respond to a security incident, protect passengers, prevent fraud or address another urgent operational requirement.

Nothing contained within this clause authorises BAJ to retrospectively alter completed transactions or accrued contractual rights unless required by applicable law.

 

E.7 Regulatory Compliance

Where legislation, transport licensing requirements, airport regulations, local authority bylaws or directions issued by competent regulatory authorities require BAJ to implement new operational procedures, the Driver agrees to comply with such procedures from the date reasonably specified by BAJ.

The Driver acknowledges that certain regulatory requirements may require immediate implementation without the ordinary notice period otherwise applicable to policy amendments.

BAJ shall nevertheless provide notice of such changes as soon as reasonably practicable after implementation.

 

E.8 Technology and Platform Development

The Driver acknowledges that BAJ will continue investing in the development of its software, artificial intelligence systems, dispatch technology, payment infrastructure, security systems and operational processes.

As new technologies are introduced, BAJ may establish technical operating standards governing the use of those technologies, provided that such standards remain reasonably connected with the operation of the Platform and are implemented consistently with this Agreement.

The Driver agrees to cooperate with reasonable technological upgrades, software updates, security improvements and authentication procedures introduced by BAJ to maintain the integrity, safety and efficiency of the Platform.

 

E.9 Service-Specific Operational Standards

Certain BAJ services may require operational procedures that differ from those applicable to standard passenger transport.

Accordingly, Drivers participating in specialised services, including but not limited to airport transfers, tourism operations, corporate transport, accessibility services, Ride Bidding, Fleet Operations or future mobility services, acknowledge that additional operational manuals may apply exclusively to those services.

Participation in a specialised service constitutes acceptance of the operational standards reasonably applicable to that service, provided those standards have been made available in accordance with this Schedule.

 

E.10 Compliance Monitoring

BAJ may monitor compliance with incorporated policies through audits, inspections, system analytics, customer feedback, Driver performance data, incident reports, technological monitoring tools and other lawful compliance mechanisms.

Where BAJ reasonably concludes that a Driver has failed to comply with an incorporated policy, BAJ may take action in accordance with this Agreement, including issuing warnings, requiring remedial training, restricting access to particular services, suspending participation or terminating the Agreement where justified by the seriousness of the breach.

Any enforcement action shall be exercised consistently with the procedural protections contained elsewhere in this Agreement.

 

E.11 Future Governance Framework

The Parties acknowledge that BAJ intends to expand its services, technology platforms and geographical operations over time.

Accordingly, BAJ may establish additional governance documents addressing new commercial activities, provided that those documents remain reasonably connected with the operation of the Platform and do not fundamentally alter the contractual relationship established by this Agreement without following the amendment procedures applicable to the Agreement itself.

The Driver acknowledges that a flexible governance framework is necessary to enable BAJ to respond efficiently to technological innovation, commercial growth and regulatory change while maintaining consistent operational standards across the Platform.

 

E.12 Good Faith Administration

BAJ shall exercise its rights under this Schedule honestly, reasonably and in good faith, having regard to the legitimate interests of Drivers, passengers, commercial customers, regulatory authorities and the continued operation of the BAJ Platform.

The Driver likewise agrees to cooperate in good faith with operational requirements introduced under this Schedule and to raise concerns or requests for clarification through the procedures established by BAJ where uncertainty arises regarding the application of an incorporated policy.

 

E.13 Survival

The obligations contained within incorporated policies relating to confidentiality, privacy, intellectual property, dispute resolution, audit rights, financial reconciliation, record retention, investigations and any other obligations intended by their nature to continue after termination shall survive the termination or expiry of this Agreement to the extent necessary to give effect to their purpose.

 

SCHEDULE F – LEGISLATIVE REFERENCES, REGULATORY FRAMEWORK AND COMPLIANCE GUIDE

F.1 Purpose

This Schedule is incorporated into the Agreement for guidance and administrative purposes only. It identifies the principal legislative and regulatory framework that governs, or may govern, the operation of the BAJ Platform and the services provided by Drivers through the Platform.

The Parties acknowledge that this Schedule is intended to assist in understanding the legal environment in which the BAJ Platform operates. It does not limit the obligation of either Party to comply with any applicable law, including legislation, regulations, bylaws, licence conditions or lawful directions that may not be specifically identified in this Schedule.

The inclusion or omission of any legislation in this Schedule shall not be interpreted as limiting the application of any other law that may apply to the Parties or to services provided through the BAJ Platform.

 

F.2 New Zealand Legislative Framework

The Driver acknowledges that participation in the BAJ Platform may be subject to numerous legislative obligations depending upon the nature of the services provided.

Without limiting the generality of this obligation, the principal legislation currently relevant to the operation of the Platform may include the Land Transport Act 1998, the Land Transport Rule: Operator Licensing 2017, the Privacy Act 2020, the Electronic Transactions Act 2002, the Health and Safety at Work Act 2015, the Contract and Commercial Law Act 2017, the Fair Trading Act 1986, the Consumer Guarantees Act 1993 (where applicable), the Goods and Services Tax Act 1985, the Income Tax Act 2007, and any other enactment applicable to passenger transport, digital marketplaces, payment processing, taxation, employment status, accessibility, consumer protection or commercial operations.

The Driver accepts responsibility for remaining informed regarding legal obligations applicable to the Driver’s independent business activities and acknowledges that BAJ does not provide legal, taxation or regulatory advice through this Agreement.

 

F.3 Local Government and Airport Requirements

The Driver acknowledges that transport services may also be affected by local authority bylaws, airport operating conditions, access permits, commercial licence requirements, traffic management rules and other operational directions issued by competent authorities.

Where participation in a particular service category requires compliance with additional operational rules imposed by airports, ports, event venues, commercial customers or government agencies, the Driver agrees to comply with those requirements as a condition of participating in the relevant service.

 

F.4 Industry Standards

BAJ may adopt recognised industry standards, technical specifications, cybersecurity frameworks, privacy standards, payment security standards, accessibility guidance or transport safety standards where BAJ reasonably considers that doing so will improve the safety, security, efficiency or reliability of the Platform.

Such standards may be reflected in BAJ Policies or Operational Manuals and shall apply only to the extent they are incorporated into the contractual framework established by this Agreement.

 

F.5 Legislative Amendments

The Parties acknowledge that legislation and regulatory requirements change over time.

Where amendments to applicable legislation affect the operation of this Agreement, BAJ may update incorporated Policies, Operational Manuals or administrative procedures in accordance with the amendment provisions contained within this Agreement.

Where amendments require changes to the Agreement itself, BAJ may amend the Agreement in accordance with its contractual amendment procedures and applicable law.

 

F.6 No Limitation of Legal Obligations

Nothing contained within this Schedule limits the obligation of the Driver or BAJ to comply with any applicable legislation, regulation, licence condition, judicial decision or lawful direction issued by a competent authority.

The Driver acknowledges that the absence of a reference to particular legislation within this Schedule shall not be interpreted as meaning that such legislation is irrelevant or inapplicable.

 

F.7 Guidance Only

This Schedule is provided solely as a contractual guide to the regulatory environment in which the BAJ Platform operates.

It does not constitute legal advice, taxation advice, accounting advice or regulatory advice.

Drivers should obtain independent professional advice where necessary regarding their individual legal or taxation obligations.

 

 

 

 

 

SECTION 19 – ELECTRONIC ACCEPTANCE

19.1 Electronic Contract Formation

The Driver acknowledges that the BAJ Platform operates entirely through electronic communications and that this Agreement is intended to be accepted electronically. The Parties agree that no handwritten signature is required to create a legally binding agreement and that acceptance may occur through the electronic processes established by BAJ in accordance with applicable New Zealand law, including the Electronic Transactions Act 2002.

The Driver further acknowledges that, by completing the electronic acceptance process described in this Section, the Driver enters into a legally enforceable contract with BAJ Technologies Limited.

 

19.2 Methods of Acceptance

A Driver shall be deemed to have accepted this Agreement when the Driver completes any electronic acceptance process designated by BAJ, including but not limited to selecting an “I Accept”, “Agree”, “Continue”, “Register”, “Create Account”, “Become a Driver”, “Submit Application” or similar confirmation button after being provided with an opportunity to review this Agreement.

Where BAJ requires additional authentication, acceptance may also be confirmed through one-time passwords (OTP), biometric authentication, multi-factor authentication, verified email confirmation, verified mobile telephone confirmation or any other authentication process reasonably implemented by BAJ.

A Driver who does not accept this Agreement shall not be entitled to create a Driver Account, access the Driver Platform or provide transport services through BAJ.

 

19.3 Confirmation of Acceptance

By electronically accepting this Agreement, the Driver confirms and warrants that the Driver:

• has read this Agreement in its entirety;
• understands the legal obligations created by this Agreement;
• has had a reasonable opportunity to obtain independent legal, taxation or financial advice before accepting it;
• agrees to be legally bound by every provision of this Agreement and every incorporated Schedule and Policy;
• confirms that all information provided during registration is accurate and complete; and
• confirms that the Driver is legally entitled to enter into this Agreement.

 

19.4 Electronic Records

The Driver expressly authorises BAJ to maintain electronic records relating to the formation and administration of this Agreement.

Without limitation, BAJ may retain records including:

• the version of the Agreement accepted;
• the exact date and time of acceptance;
• the Driver’s account identifier;
• the registered email address;
• the verified mobile telephone number;
• the IP address;
• the device identifier;
• the operating system;
• the application version;
• authentication logs;
• OTP verification records;
• audit logs;
• subsequent amendments accepted by the Driver.

Subject to applicable law, these electronic records shall constitute prima facie evidence of acceptance of this Agreement.

 

19.5 Continuing Acceptance

Each time the Driver logs into the BAJ Platform, accepts a Booking, accesses Driver services or otherwise continues using the Platform after being notified of amendments made in accordance with this Agreement, the Driver acknowledges continuing acceptance of the current version of this Agreement to the extent permitted by applicable law.

 

19.6 Refusal of Acceptance

A person who declines to accept this Agreement shall not be permitted to register as a Driver, receive Bookings, access Driver Wallet services or otherwise participate in the BAJ Platform.

 

SECTION 20 – FINAL PROVISIONS

20.1 Entire Agreement

This Agreement, together with every Schedule, Policy, Operational Manual and other document expressly incorporated by reference in accordance with its terms, constitutes the complete and exclusive agreement between BAJ and the Driver concerning the Driver’s participation in the BAJ Platform.

This Agreement supersedes every previous discussion, negotiation, proposal, understanding, representation, communication and arrangement relating to the same subject matter, whether oral or written, except where expressly preserved by this Agreement.

Nothing contained within this clause excludes liability for fraudulent misrepresentation or any liability that cannot lawfully be excluded under applicable law.

 

20.2 Continuing Effect

This Agreement shall commence immediately upon the Driver’s electronic acceptance through the BAJ Platform and shall continue in force until terminated in accordance with its provisions.

Termination of the Agreement shall not affect rights, liabilities or obligations that accrued before termination, nor shall it affect provisions that are expressly intended, or by their nature are intended, to survive termination.

 

20.3 Electronic Records

The Driver acknowledges that BAJ may maintain this Agreement and all associated contractual records entirely in electronic form.

Electronic records maintained by BAJ in the ordinary course of business, including acceptance records, authentication logs, audit trails, communications, amendments, payment records, compliance records and investigation materials, may be relied upon by BAJ as evidence of the contractual relationship between the Parties to the fullest extent permitted by applicable law.

BAJ may migrate, archive or replace its document management systems provided that reasonable measures are taken to preserve the integrity, authenticity and accessibility of contractual records.

 

20.4 Version Control

BAJ shall maintain version control over this Agreement and each incorporated Schedule and Policy.

Every published version shall identify its effective date and version number.

Where this Agreement is amended in accordance with its amendment provisions, the version electronically accepted by the Driver shall govern the contractual relationship from its effective date until lawfully replaced by a subsequent version.

Historical versions may continue to be retained for evidentiary, regulatory, operational and compliance purposes.

 

20.5 Headings

The headings contained in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision.

 

20.6 Preservation of Rights

Except where expressly stated otherwise, the rights, powers, discretions and remedies conferred upon BAJ by this Agreement are cumulative and shall not exclude any other right or remedy available under applicable law.

The exercise, delay or partial exercise of any right shall not constitute a waiver of any other right or remedy.

 

20.7 Effective Date

This Agreement becomes legally binding immediately upon the Driver completing BAJ’s electronic acceptance process and shall remain effective until terminated in accordance with this Agreement.

SECTION 21 – PLATFORM GOVERNANCE, BUSINESS DEVELOPMENT AND FUTURE SERVICES

21.1 Purpose

The Parties acknowledge that BAJ operates a continuously developing technology platform designed to support a broad range of transport, mobility, tourism and related commercial services. The Driver further acknowledges that innovation, technological development and changing customer expectations require BAJ to continually improve, expand and adapt the Platform throughout the duration of this Agreement.

Accordingly, this Section establishes the principles governing BAJ’s ongoing development of the Platform and confirms that the contractual framework established by this Agreement is intended to accommodate future commercial growth without requiring the Parties to execute an entirely new agreement whenever BAJ introduces new technologies, service categories or operational capabilities.

 

21.2 Continuous Platform Development

BAJ may research, develop, test, modify, improve or discontinue any aspect of the Platform where BAJ reasonably considers such action necessary for commercial development, regulatory compliance, technological advancement, cybersecurity, passenger safety or operational efficiency.

Such development may include new booking technologies, artificial intelligence systems, automated dispatch methods, payment technologies, customer interfaces, communication systems, operational workflows, pricing models, fleet management tools, driver support systems or any other technology reasonably connected with the operation of the Platform.

The Driver acknowledges that participation in a modern digital marketplace necessarily involves periodic technological change and agrees to cooperate with reasonable software updates, authentication procedures and technical requirements introduced by BAJ.

 

21.3 Introduction of New Services

BAJ may introduce additional services, whether within New Zealand or internationally, including but not limited to new transport categories, logistics services, parcel delivery, freight coordination, tourism experiences, corporate mobility solutions, vehicle subscription services, electric vehicle infrastructure, Mobility-as-a-Service (MaaS), autonomous vehicle integration, artificial intelligence-assisted transport services or any other commercial activity reasonably related to BAJ’s business objectives.

Where a Driver elects to participate in a newly introduced service, that participation shall be governed by this Agreement together with any supplementary operational standards or service-specific policies lawfully introduced by BAJ.

Nothing contained within this Agreement obliges any Driver to participate in every service offered by BAJ unless participation in a particular service forms part of the Driver’s approved operating category.

 

21.4 Commercial Flexibility

The Driver acknowledges that BAJ must retain reasonable flexibility to respond to changes in market conditions, customer demand, competitive pressures, technological innovation and regulatory developments.

Accordingly, BAJ may reorganise service categories, introduce new pricing structures, establish new operating regions, create additional driver classifications, expand commercial partnerships or modify operational processes, provided that such changes are implemented consistently with this Agreement and applicable law.

 

21.5 No Guarantee of Future Services

Nothing contained within this Agreement shall be interpreted as guaranteeing that BAJ will continue operating any particular service, technology, pricing model, geographical region or commercial programme.

BAJ may suspend, consolidate or discontinue services where reasonably necessary for commercial, operational or regulatory reasons.

The suspension or discontinuation of one service shall not of itself terminate this Agreement unless BAJ expressly notifies the Driver that the Agreement is terminated in accordance with its provisions.

SECTION 22 – REGULATORY COOPERATION, LEGISLATIVE CHANGE AND INDUSTRY COMPLIANCE

22.1 Purpose

The Parties acknowledge that the transport, technology and mobility industries operate within a dynamic regulatory environment in which legislation, regulatory standards, licensing requirements, judicial decisions, government policies and industry practices may evolve throughout the duration of this Agreement. The continued lawful operation of the BAJ Platform therefore requires ongoing cooperation between BAJ and every Driver to ensure that the services provided through the Platform remain compliant with applicable legal obligations while maintaining high standards of passenger safety, commercial integrity and public confidence.

The Driver acknowledges that regulatory compliance is not solely a matter of obtaining initial approval to operate through the Platform but is a continuing contractual obligation that applies throughout the Driver’s participation in the BAJ Platform.

 

22.2 Continuing Compliance with Applicable Law

The Driver shall, at all times while participating in the BAJ Platform, comply with every applicable Act of Parliament, regulation, rule, bylaw, licence condition, permit requirement, code of practice, lawful direction of a competent authority and any other legally binding obligation relevant to the services provided by the Driver.

Without limiting the generality of this obligation, the Driver shall maintain all licences, approvals, endorsements, certifications and legal authorisations required to lawfully provide the services undertaken through the Platform and shall immediately notify BAJ if any such authorisation is suspended, revoked, expires or becomes subject to material restriction.

The Driver further acknowledges that compliance with this Agreement does not relieve the Driver from independent obligations imposed by law, nor does compliance with legislation relieve the Driver from contractual obligations contained within this Agreement where those obligations impose higher operational standards.

 

22.3 Regulatory Changes

Where legislation, judicial decisions, regulatory guidance or government policy materially affects the operation of the BAJ Platform, BAJ may amend its operational procedures, incorporated Policies, technical requirements or administrative processes to the extent reasonably necessary to achieve compliance.

Where such changes materially affect the Driver’s operational obligations, BAJ shall provide reasonable notice through the Platform unless immediate implementation is reasonably necessary to comply with law, protect passenger safety or respond to an urgent regulatory requirement.

The Driver agrees to cooperate with the implementation of such changes and acknowledges that timely compliance is fundamental to the continued lawful operation of the Platform.

 

22.4 Cooperation with Regulatory Authorities

The Driver shall cooperate with lawful requests made by regulatory authorities, transport licensing agencies, law enforcement authorities, courts and tribunals where such cooperation relates to services provided through the BAJ Platform.

Where BAJ is required by law to provide information, documentation or records relating to the Driver or the Driver’s activities, the Driver acknowledges that BAJ may comply with those legal obligations without obtaining further consent, subject to applicable privacy legislation.

Nothing contained in this Agreement requires BAJ to disclose information where disclosure would itself be unlawful or subject to legal privilege.

 

22.5 Industry Standards

The Driver acknowledges that BAJ may adopt operational standards reflecting recognised industry best practice, international technology standards, cybersecurity frameworks, transport safety guidance or other recognised professional standards where BAJ reasonably considers such standards appropriate for improving passenger safety, operational efficiency or service quality.

The adoption of such standards shall not of itself create obligations beyond those reasonably necessary for the administration of the Platform, and BAJ shall implement such standards consistently with this Agreement and applicable law.

 

22.6 Compliance Audits

To verify continuing compliance with this Agreement and applicable legal requirements, BAJ may conduct compliance reviews, document verification, operational audits, system monitoring or other reasonable compliance activities.

The Driver agrees to cooperate fully with such reviews by providing information, documentation and reasonable assistance requested by BAJ, provided that BAJ exercises these rights proportionately and for legitimate business, regulatory or safety purposes.

 

22.7 Future Legislative Reform

The Parties acknowledge that future legislative reform may alter the legal framework governing digital marketplaces, transport services, independent contracting, privacy, artificial intelligence, payment services or related commercial activities.

Where any provision of this Agreement becomes inconsistent with mandatory legislation enacted after the commencement of this Agreement, that provision shall be interpreted or modified only to the extent necessary to achieve compliance while preserving, as far as reasonably possible, the original commercial intention of the Parties.

 

22.8 Survival

The obligations contained within this Section relating to regulatory investigations, legal proceedings, record retention and cooperation with competent authorities shall survive termination of this Agreement to the extent necessary to resolve matters arising before or after termination.

 

SECTION 23 – GENERAL INTERPRETATION, SAVING PROVISIONS AND CLOSING CLAUSES

23.1 Commercial Interpretation

This Agreement shall be interpreted as a whole and in a manner that gives practical and commercially sensible effect to the intentions of the Parties. No provision shall be interpreted in isolation where the context of the Agreement clearly indicates a different meaning.

The Parties acknowledge that this Agreement has been drafted to regulate the operation of a sophisticated digital transport marketplace and therefore provisions concerning technology, operational administration and commercial development shall be interpreted consistently with that purpose.

 

23.2 Preservation of Commercial Purpose

Where any uncertainty arises concerning the interpretation of this Agreement, preference shall be given to an interpretation that preserves the lawful operation of the BAJ Platform, promotes contractual certainty and gives practical effect to the commercial objectives of the Parties, provided that such interpretation remains consistent with applicable law.

 

23.3 No Third-Party Rights

Except where expressly provided by applicable legislation or expressly stated within this Agreement, nothing contained in this Agreement is intended to confer enforceable rights upon any person who is not a Party to this Agreement.

This clause does not prevent BAJ’s Affiliates, authorised contractors or service providers from exercising rights expressly conferred upon them under this Agreement where such rights are intended for their benefit.

 

23.4 Independent Advice

The Driver acknowledges that, before electronically accepting this Agreement, the Driver has been provided with a reasonable opportunity to read its contents carefully, seek clarification regarding any provision and obtain independent legal, accounting, taxation or other professional advice if the Driver considers such advice appropriate.

The Driver further acknowledges that acceptance of this Agreement is voluntary and is based solely upon the express terms contained within the Agreement and not upon any representation, promise or expectation not expressly recorded herein.

 

23.5 Language

This Agreement is executed in the English language.

Where BAJ provides translations into other languages for convenience, those translations are intended solely to assist understanding. In the event of any inconsistency between the English version and a translated version, the English version shall prevail to the extent permitted by applicable law.

 

23.6 Document Integrity

The Parties acknowledge that this Agreement may be stored, reproduced and transmitted electronically. The integrity of electronically stored versions shall not be affected merely because the Agreement is maintained within secure digital document management systems rather than in paper form.

 

23.7 Final Acknowledgement

By electronically accepting this Agreement, the Driver acknowledges that the Driver has read the Agreement, understands its legal effect, accepts every incorporated Schedule and Policy forming part of the contractual framework, and agrees to be legally bound by its terms from the effective date of electronic acceptance.

The Driver further acknowledges that continued participation in the BAJ Platform after lawful amendments have taken effect constitutes continuing acceptance of the Agreement as amended, except where applicable law requires express acceptance of a particular amendment.

 

23.8 Closing Provision

This Agreement represents the complete legal framework governing the relationship between BAJ and the Driver and is intended to support the safe, lawful, efficient and commercially sustainable operation of the BAJ Platform as it continues to develop and expand.

The Parties acknowledge that the success of the Platform depends upon mutual cooperation, compliance with applicable law, respect for contractual obligations and the maintenance of professional standards expected within New Zealand’s transport and technology industries.

 

 

23.9 Incorporated Policies and Legal Centre

The Driver acknowledges and agrees that this Agreement incorporates by reference the BAJ policies, standards, manuals, guidelines and other operational documents published by BAJ from time to time through the BAJ Platform or the BAJ Legal Centre located at https://baj.co.nz/legal, as amended from time to time in accordance with this Agreement.

The Driver further acknowledges that such documents form part of the contractual framework governing the Driver’s participation in the BAJ Platform to the extent expressly incorporated by this Agreement or referenced within the applicable Schedule or Policy. These documents may include, without limitation, the Driver Code of Conduct, Driver Operator Manual, Fleet Operator Manual, Ride Bidding Policy, Financial Policy, Safety Manual, Technology and AI Governance Policy, Airport Operations Manual, Tourism Operations Manual, Complaints and Appeals Policy, Privacy Policy, and any other policy or operational standard lawfully introduced by BAJ.

BAJ may amend, replace, withdraw or introduce such policies where reasonably necessary for operational efficiency, technological development, regulatory compliance, safety, security, commercial requirements or the continued operation of the BAJ Platform. Where a policy amendment materially affects the Driver’s rights or obligations, BAJ shall provide notice in accordance with the notification provisions of this Agreement and, where required by applicable law, obtain the Driver’s renewed electronic acceptance.

The Driver agrees to regularly review the BAJ Legal Centre and acknowledges that continued access to or use of the BAJ Platform after a policy has taken effect constitutes acceptance of that policy to the extent permitted by applicable law and this Agreement.

For certainty, where there is any inconsistency between this Agreement and an incorporated policy, the provisions of this Agreement shall prevail unless the Agreement expressly provides otherwise or the applicable law requires a different outcome.