his simply isn't true. Australia operates under contract law, and unless a term is illegal or "unconscionable" to the public, they will not alter that.
And you just said I was right.
A contract has to be legal, companies cannot defer their duty of care in a contract (otherwise you'd see every mining and transport company doing this with their EBA's to reduce their liabilty insurance costs).
There are many ways lawyers can arrange this agreement to severely limit Uber's liability.
No, as long as Uber is facilitating the service they are liable. The same as any other taxi company except Uber do not get the same protections because they are operating outside the law.
For example, they could force both parties using the app to agree to terms limiting the right to sue to a certain jurisdiction friendly to them.
Shrinkwrap contracts are not enforceable in Australia. They cant simply force the app user to agree to a limitation to sue. Besides, it wont be the app user that hits them. It will be the insurers and this is where it gets interesting, what protects normal taxi companies against these lawsuits are two fold, 1. they have sufficient insurance, 2. The law protects them, limiting liability. Uber fails on both these counts.
The entirely of the contract needs to be explained to you before you can agree to it. You cant even get a bank account here without being read a full page document outlining the key responsibilities of both parties.
This is not a proper use of this analogy.
Actually it is.
Uber facilitates the organisation and the payment, this in effect makes it a taxi company. Attempting to claim they aren't a taxi company when they advertise themselves as such will be considered at best, "misleading conduct" if not outright fraud. The fact they use contractual drivers does not change this (cluebat, normal taxi companies use drivers con a ontract or casual basis, in fact few will be FT or PT employees).
. The contract defines the terms of the relationship, and unless they are breaching that, is valid.
Contracts do not trump Australian law, as you stated in your second sentence.
If Uber acts like a taxi company, it will be treated like one in the eyes of the law.