Yesterday App User Licence Agreement – Senders
Last updated on __ __ / __ __ / __ __ __ __
Definitions
In this User Licence Agreement:
Account means a User’s login account created by a User for the use and access to the APP.
Add-on means any additional feature of functionality that is not included in the standard version of the APP, but where a User can elect to Purchase on an ad-hoc basis.
APP means the Company Platform known as the “Yesterday” App, managed by us or our Related Body Corporate and used by us, or our Related Body Corporate to provide the Services.
App Store means the online sales and distribution platform (i.e. App Store or Google Play), operated by a third party by which the User has downloaded the APP.
App Store Terms and Conditions means the terms and conditions of the App Store that set out any rights and obligations of the User in relation to the APP or the Services.
Company Platform means the APP or other platforms and websites of or managed by us or our Related Body Corporate and used by us or our Related Body Corporate to provide the Services, or the system and server software used to provide the Services, as well as any other cloud based platform used by us and includes any computer hardware on which the APP or other platform, database, system or server software is installed.
Deliverer(s) means a User who accesses the APP with the intention of responding to delivery requests lodged by a Sender, bidding for delivery jobs and where successful, collecting, transporting and delivering the goods provided by the Sender.
Deliverers Terms and Conditions means the terms and conditions that relate specifically to Deliverers.
Effective Date means, the earlier of:
the date on which the User first uses the login and password to create an Account and access the APP; or
the date upon which the User receives a written confirmation that the Licence with the User has come into force following the User’s express consent to this Licence.
Export Laws means all applicable laws restricting and/or regulating:
the inter-jurisdictional import, export, supply, disclosure, transfer or transmission of goods, services, the APP, technology, technical know-how, data and information; and/or
the import, export, supply, disclosure, transfer or transmission of goods, Services, the APP, technology, technical know-how, data and information to designated entities or persons, or to designated classes of entities or persons.
Licence means this User Licence Agreement.
Member Materials has the meaning set out in Clause 5.1 of these Terms, and for the purposes of this Licence, includes access to the functionality of the APP that allows Senders to upload delivery job requests on a marketplace forum provided within the APP, to review, counter and/or accept bids lodged by Deliverers for such jobs, and to provide Products for collection, transport and delivery by the successful Deliverer.
Order Form means any in‑app or online process through which a User subscribes to or purchases Services offered via the APP.
Payment Method means a current and valid method of payment accepted by us, which may include payment by credit card or an external payment platform such as Paypal, Afterpay, zipPay or Stripe.
Price means the amount accepted and agreed between the Sender and Deliverer for a delivery request plus:
an 5% surcharge retained by us; and
any surcharge applicable to your selected Payment Method.
Product means any items posted, marketed or displayed for delivery by a Sender or other user on the APP.
Related Body Corporate means as described in Section 50 of the Corporations Act 2001 (Cth).
Sender means a User who accesses the APP with the intention of posting delivery requests for Products, specifying collection and delivery requirements, and engaging Deliverers through the APP to collect, transport and deliver those Products on the Sender’s behalf.
Services means the provision of access to the APP and related platform functionality, which enables Senders to post delivery requests for Products, specify collection and delivery requirements, and receive bids from Deliverers for the collection, transport and delivery of those Products.
Subscription means a subscription purchased by individuals to use the APP as a Deliverer.
User, you means you as an individual who is either an individual or the company or other legal entity on behalf of which you have been granted access to the APP with an Account and accept the terms of this Licence. Where you are accepting this Licence on behalf of a company or other legal entity on behalf of which you are accessing the APP, you represent that you are authorised by that company or other legal entity to accept this Licence on its behalf.
User Content means:
all data, works and materials uploaded to or stored on the APP or a Company Platform by the User, and that is:
transmitted by the APP or Company Platform at the instigation of the User;
supplied by the User to us for uploading to, transmission by or storage on the APP or Company Platform; or
generated by the APP or a Company Platform as a result of the use of the APP, a Company Platform or Services by the User (but excluding analytics data relating to the use of the APP or Company Platform and server log files).
Update means a hotfix, patch or minor version update to the APP.
Upgrade means a major version upgrade of the APP.
us, we, our, Yesterday means The Yesterday Group Pty Ltd, CAN: 702 382 834, ABN: 19 702 382 894 and all Related Body Corporates (across any jurisdiction).
Introduction
Yesterday operates a technology platform through the APP that creates a fast, flexible and community driven transport and delivery marketplace enabling Senders to post Products for delivery on the APP, and Deliverers to bid for, and where successful, collect, transport and deliver such Products on the instruction of the Senders. We do not provide delivery services and are not a carrier, agent or insurer.
Any agreement for the collection, transport or delivery of goods is solely between the Sender and the Deliverer. We are not responsible for the performance, quality, safety, legality or completion of any delivery services arranged through the APP.
Access to certain functionalities within the APP are available to Senders without the need to purchase a subscription. These terms and conditions apply to your use of the APP as a Sender.
By creating an Account and using the APP as a Sender, you acknowledge that you have read, understand and agree to follow and be bound by this Agreement together with the Yesterday Privacy Policy.
Overview
We offer the APP to you on the condition that you accept this Licence. The terms of this Licence apply to all Users of the APP that are Senders.
By accessing the APP, downloading it from a Company Platform or the App Store, creating an Account and using or engaging in our Services as a Sender, you agree to be bound by the terms of this Licence, including any additional terms and conditions and policies referenced in this Licence. This version of the Licence applies only to users acting as a Sender. If you elect to use the APP as a Deliverer, the terms and conditions relating to a Deliverer will apply to you.
Please read this Licence carefully before using the APP. If you do not agree to the terms of this Licence, then you must cease accessing the APP and our Services. The terms of this Licence are considered an offer and your acceptance is expressly limited to the terms of this Licence.
Your submission of personal information through our Services is governed by our Privacy Policy. Click [here] to view our Privacy Policy.
Eligibility, Term and Grant of Licence
You may create an Account and access the APP if you are at least 16 years of age. Where you are under 18 years of age, you may only create an Account and use the APP with the consent and supervision of your parent or legal guardian. By creating an Account or using the APP as a Sender, you represent and warrant that:
you have obtained the consent of your parent or legal guardian if you are under 18 years of age; and
your parent or legal guardian has reviewed and agreed to the terms of this Licence.
You acknowledge that we reserve the right to request evidence of parental or guardian consent at any time and may suspend or terminate your Account immediately where such consent cannot be verified.
This Licence is entered into on the Effective Date and will continue in full force and effect indefinitely, until the earlier of the following:
the date on which a User’s Account is terminated by the User or us, which may occur as a result of a determination made by us in our discretion or in accordance with any Related Body Corporate decision; or
termination of this Licence in accordance with any provision contained within this Licence.
Subject to the compliance by the User with the provisions of this Licence, and for such time as the User’s Account for the APP remains valid, we hereby grant to you from the Effective Date and for the period until terminated under clause 4.1, a personal, revocable, non-exclusive, royalty-free, non-transferrable, licence without any right to sub-license, to use the Services subject to the limitations and prohibitions otherwise set out and referred to in this Licence. This Licence permits Senders to access the APP solely for the purpose of posting delivery requests and engaging Deliverers and does not permit Senders to perform delivery services. If you wish to engage with the APP as a Deliverer, you must purchase a Subscription and comply with the Deliverers Terms and Conditions.
APP Terms
By agreeing to the terms of this Licence, you represent that you are at least the age of 16, or that you are the age of majority in your country, state or province of residence in which you reside, or in the event that the Services is to be accessed by a minor, you as the guardian of the minor have given us your consent to allow any of your minor dependents to use the APP and our Services.
You may not access the APP or use our Services for any illegal or unauthorised purpose or to violate any laws in your jurisdiction. You must also not transmit any malicious software via the APP.
A breach by you of the terms of this Licence may result in termination of the Services to you and termination of your Account, including any Subscription.
Except as otherwise required by law, we reserve the right to refuse access to the APP or the Services to anyone for any reason at any time.
App Stores
You acknowledge that your use of the APP may be subject to additional terms imposed by the App Store through which the APP is downloaded and that you must comply with any such additional terms.
General information about how to subscribe to or cancel your Account through these providers is set out further below. Please be sure to review the App Store Terms and Conditions (if any).
In the event of any conflict between the provisions of this Licence and the App Store Terms and Conditions, the provisions of this Licence will take precedence.
Where the provisions of the App Store Terms and Conditions impose obligations or liabilities on the User in relation to the APP or its Services (excluding those relating to payments), those provisions are hereby incorporated into this Licence for the benefit of us and will be enforceable by us against the User.
You acknowledge that the operator of the App Store has rights under the App Store Terms and Conditions which may affect the exercise of the User’s rights under this Licence. Except as otherwise required by law, we will not be in breach of this Licence, and will not be liable to the User as a result of and in respect of any loss or damage arising out of operator’s exercise of its rights under the App Store Terms and Conditions.
Account Login and Access Credentials
When you create an Account, you will be required to provide login credentials and other personal details to access the APP as a Sender.
Where you are provided with a user identification code, password or any other piece of information as part of our security procedures (whether by our or our Related Body Corporate or affiliates), you must treat such information as confidential.
You may only access the APP by entering valid user login details associated with your Account, which may include an identification code and password.
You are responsible for maintaining the confidentiality of your Account credentials and for all actions conducted through your Account on the APP. You must notify us immediately if you become aware of, or reasonably suspect, any unauthorised access to or use of, your Account, including any security breach or misuse by a third-party. You must take all reasonable steps to prevent unauthorised access.
You must ensure that any information you input into the APP and/or include in your Account is true, accurate and not misleading to other users, including Deliverers. This includes, but is not limited to, all details provided in relation to posting of delivery requests for Products, which must be true, accurate, complete, and not misleading, including descriptions, dimensions, weight, value, and the legality of the Products.
We have the right to cancel, suspend and disable any user identification code or password, whether chosen by you or allocated by us and/or your Account at any time and without notice, if in our or a Related Body Corporate’s reasonable opinion(s):
you have failed to comply with any provision of this Licence;
we become aware of, or reasonably suspect, misuse of the APP, unauthorised access or a security breach;
we become aware of, or reasonably suspect, that any information provided you by is inaccurate, incomplete or misleading; or
continued use of the APP and access to the Services by you presents a risk to us, other users of the APP or our APP systems.
In the event of cancellation of your Account in accordance with this clause 7, you may not object, and must immediately cease using and accessing the APP.
You may cancel your Account at any time through the APP or by contacting us in writing. Cancellation of our Account does not affect any rights, obligations, payments, disputes or liabilities accrued prior to cancellation.
Upon cancellation or suspension of your Account:
your access to the APP may be disabled or restricted;
any active listings, bids, delivery requests, or services may be cancelled or removed;
we are not obliged to maintain or provide continued access to any data, content, or information associated with your Account; and
any provisions of this Licence which by their nature are intended to survive termination will continue to apply.
Transactions between users
You acknowledge and agree that the APP is a technology platform that facilitates connections between users. We do not control, manage or supervise any negotiations or communications between Deliverers and Senders, and any other users of the APP, delivery services and are not a party to any agreements between Senders and Deliverers. To the extent permitted by law, we are not responsible for:
any failure by a Deliverer to deliver a Product(s);
any loss of or damage to Product(s) caused by a Deliverer or other user of the APP, or any third-party;
any loss of, damage, destruction, injury, death or environmental harm to any real or personal property arising from or in connection with the collection, handling, loading, transportation, unloading or delivery of Product(s) by the Deliverer or any other third-party, including where such loss or damage results from the negligence, act or omission of a Deliverer;
any failure by you to make any payments agreed in respect to the delivery of Products;
any delay in delivery; or
any inaccurate or misleading information provided by other users of the APP, including Deliverers.
You acknowledge and agree that risk in any Products remains with you as the Sender until collection of the Product(s) by the Deliverer, and passes to the recipient upon delivery, unless otherwise agreed.
Where you successfully arrange for the collection and delivery of a Product through the APP, you acknowledge and agree that the Deliverer is responsible for the collection, handling, transportation and delivery of the Product(s) in a reasonable and safe manner. You acknowledge that the Deliverer assumes all risk in relation to the loss of, or damage to, Product(s) while in their possession except due to a breach by you as the Sender of any terms and conditions associated with the APP.
The bidding functionality offered by the APP:
allows you, as a Sender, to nominate an indicative or preferred budget for a delivery request whereby any such budget is provided for guidance purposes only and does not bind any Deliverer or limit the amount of any bid submitted;
allows Deliverers to submit bids at amounts determined solely by them, which Senders may then accept, reject, or counter. The APP may permit a limited number of counter bids between the Sender and Deliverer and once the counter bidding process is exhausted, the relevant Deliverer may elect to accept the final proposed terms or withdraw their bid for the delivery request.
allows a Sender to accept a bid from any Deliverer at any time and upon acceptance of a bid by the Sender, all other outstanding bids or counter bids relating to that delivery request will be automatically rejected through the APP.
allows the bidding process, including information relating to the delivery request, submitted bids, counter bids, and questions or communications regarding the request to be visible to the Sender and Deliverer(s) participating in the bidding process.
You acknowledge and agree that where you accept a bid offered by a Deliverer, or a Deliverer accepts a counterbid offered by you, at any stage during the bidding process, then a contract is formed between you and the Deliverer, and the terms of such contract include:
those details set out in the delivery request posted by you;
the Price; and
any other terms agreed expressly between you and the Deliverer.
You acknowledge that while the APP facilitates communication and provides the bidding functionality between Deliverers and Senders as set out above:
we are not a party to any agreement or arrangement between Deliverers and Senders;
we do not set, recommend, control, endorse, or guarantee pricing, bid amounts, delivery fees, or commercial terms between users of the APP, including Deliverers and Senders;
all pricing and bidding decisions in respect to delivery requests are made independently by Senders and Deliverers, with the exception of the 5% surcharge payable to us by the Sender(s) once the Sender has accepted a bid by a Deliverer, or a Deliverer has accepted a counter-bid by the Sender (as the case may be); and
to the extent permitted by law, we take no responsibility for any negotiations, acceptance, rejection, or performance of any bid or delivery arrangement between users.
Payments
You acknowledge that where you accept a bid by a Deliverer in respect to a delivery request, or a Deliverer accepts a counteroffer provided by you in respect to a delivery request, and you, as the Sender, and the Deliverer make an agreement regarding the delivery request, you must pay the Price.
All payments made through the APP, whether by you, a Sender or any other user, must be completed using a valid Payment Method and you acknowledge and agree that:
by making any payment via a Payment Method, you represent and warrant that you are authorised to use that Payment Method and authorise us, and any applicable third-party payment processor, to charge the applicable fees, charges, subscriptions or transaction amounts to that Payment Method; and
where payments are processed through a third-party payment platform or payment processor, including Stripe:
those payments are subject to the applicable terms and conditions, policies and privacy practices of the relevant third-party provider, and may include surcharges as imposed by the third-party provider; and
we are not responsible for the operation, security, or performance of any third-party payment platform.
Intellectual Property Notice
Copyright: All content included on the APP is our property or licensed by us and our suppliers and is protected by Australian and international copyright laws. All software used on the APP is our property or our suppliers and is protected by Australian and international copyright laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the APP or the Services, without express written permission by us.
Trade Marks: All graphics, logos, page headers, button icons, scripts, and service names displayed on the APP are exclusively the trade marks or registered trade marks of the APP in Australia and/or other countries (Our Trade Marks). Our Trade Marks may not be used in connection with any product or service that is not ours in any manner. All other trade marks not owned by us and that appear on the APP are the property of their respective third party owners, who may or may not be affiliated with or sponsored by us.
Limited Licence: We do not grant you a licence and do not permit you to use any of our Trade Marks or logos that are displayed on the APP without written permission. You may view, access and use the content contained within the APP, by using your mobile phone or web browser. In accessing the APP you are able to save an electronic copy of any part of the APP or a Company Platform by means of the usual operation of your mobile or web browser only.
Accuracy, Completeness and Timelines of Information
Information contained on the APP has been prepared by us as a convenience to you and are not intended to constitute advice or recommendations upon which you should rely. Information provided is general in nature and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. We have used reasonable efforts in collecting, preparing and providing quality information and material, and to the extent permitted by law, we make no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the APP and in particular, how that information may relate to your personal circumstances. Any reliance on the material on the APP is at your own risk.
The APP may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the APP or the Services at any time, but we have no obligation to update any information on the APP or the Services. You agree that it is your responsibility to monitor changes to the APP and the Services you access.
Except as required by law, we undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information. No specified update or refresh date noted in our Services should be taken to indicate that all information in our Services have been modified or updated.
Modifications of the Services and Prices
We may at any time modify, suspend or discontinue the APP or one or more of the Services without notice to you.
We are not liable to you or to any third-party for any modification, subscription price changes, suspension or discontinuance of the Services.
Integrations
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties and without any endorsement. We are not liable for any matter arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through our Services is entirely at your own risk. You should ensure that you are familiar with and approve the terms and conditions on which tools are provided by the relevant third-party provider(s).
In the future we may also offer new features through our Services. These new features will also be subject to this Licence.
Third-Party Links
Certain content, products and Services available via the APP may include materials from third-parties.
Third-party links on the APP may direct you to third-party websites or other Apps that are not affiliated with us. We are not responsible for examining the content of those third-party websites or Apps and will not have any liability or responsibility for any third-party materials, websites or Apps, or for any other materials, products, or services provided by third-parties.
We are not liable for any harm related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites or apps. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction with a third-party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our links with third-party websites or applications should not be construed as an endorsement by us of the owners or operators of those linked websites or applications and third parties, or of any information on those linked websites or applications.
We accept no responsibility for the content of any advertisement appearing on an APP or a service from a third-party. The inclusion of any advertisement on an APP or a Service does not constitute a recommendation by us of the advertiser’s products.
You must not create any hyperlink to the APP on another website or app without our prior written permission. If you do create a hyperlink to the APP or embed the APP in another website, you do so at your own risk and you will be responsible for all losses we may suffer as a result of that conduct.
User Content
The User hereby grants to us and our Related Body Corporate a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate User Content to the extent reasonably required for the performance of our obligations and the exercise of our rights under this Licence. The User also grants to us and our Related Body Corporate the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in this Licence.
The User warrants to us and our Related Body Corporate that the User Content does not and will not infringe the intellectual property rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
If, at our request, you send submissions or creative ideas, suggestions, proposals, plans, or other materials, whether through the APP or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to:
maintain any comments in confidence;
pay compensation for any comments; or
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content on the APP or a Company Platform that we consider, in our absolute discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violates any third party’s intellectual property or the terms of this Licence.
You agree that your comments will not violate any rights of any third-parties. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any malicious software that could in any way affect the operation of the APP, the Service or any related Company Platform. You must not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
User Conduct
You agree to use the APP and the Services we provide in a lawful, safe and respectful manner at all times.
Without limiting the above, you must:
not engage in any prohibited conduct, including any prohibited conduct noted in clause 17 of this Licence;
not harass, threaten, abuse or harm any other user of the APP;
not provide false, inaccurate or misleading information; and
communicate with other users, including Senders, in good faith and act reasonably in relation to delivery requests you post.
You acknowledge and agree that we may, in our sole discretion, investigate any suspected breach of this clause by you and take appropriate action, which may include immediately suspending or terminating your Account.
You acknowledge that while we are not responsible for the conduct of other users of the APP, we reserve the right to take action in accordance with this clause where we consider it necessary, in our sole discretion, to protect other users and/or the integrity of the APP and the Services we provide.
Prohibited Uses
In addition to other prohibitions as set out in this Licence, you are prohibited from using the APP and accessing our Services:
for any unlawful purpose whatsoever, which may include but is not limited to:
the transportation of illegal drugs, controlled substances, unsafe supplements, weapons and/or explosives;
the transportation of stolen goods or counterfeit items;
the transportation of a person;
the transportation of hazardous items; and
the transportation of live animals;
participation in any activity involving fraud, money laundering or harassment.
to reverse engineer the Service or the Company Platform;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the APP, the Services or of any other Company Platform;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the APP, the Services or other Company Platform or any other websites or the Internet.
Insurance
By downloading the APP and making an Account, you acknowledge and agree that we do not provide any insurance coverage to you in connection with the APP and the Services we provide, including but not limited to, insurance for goods, deliveries, personal injury or property damage.
You acknowledge that you are responsible for insuring Products of value and that we do not provide goods‑in‑transit or cargo insurance.
We do not represent or warrant that any user of the APP holds adequate insurance, and we are not responsible for verifying the existence, validity or sufficiency of any insurance held by other users of the APP.
To the extent permitted by law, we are not liable for any loss, damage, injury, or claim arising from or in connection with the transportation or delivery of goods arranged through the APP.
Maintenance Services
We may from time to time during the term of this Licence, provide maintenance services to the User but has no obligation to do so.
The User must apply each Update and Upgrade to the APP made available by us through the maintenance services in a timely manner.
If the User does not apply an Update or Upgrade to the APP, then in our discretion, the User may cease to have any right to use the APP until such time as it does so.
The User acknowledges that the supply and licensing of Upgrades may, at our discretion, be subject to additional terms and conditions.
Disclaimer of Warranties and Limitation of Liability
We do not guarantee your use of our Services will be uninterrupted, timely, secure or error-free. You agree that any issues, which may include errors, interruptions or security limitations, will not be a breach of the terms of this Licence. To the extent permitted by law, we will not be liable to you should any of our Services contain errors, or become unavailable, interrupted, or delayed for any reason.
You agree that every now and then we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use the Services is at your sole risk. To the maximum extent permitted by law, all warranties and conditions with regard to the APP and the content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, accessibility, reliability, currency and accuracy are expressly disclaimed by us.
Suitability for purpose – We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the APP and the content contained on the APP for any purpose including in relation to the Services (except where express representations are made to the contrary).
Protecting your computer systems – To the maximum extent permitted by law, we do not accept responsibility for any loss or damage, caused in connection with your use of our Services or any linked website. You must take your own precautions to ensure that your hardware and software is free of viruses and that any content downloaded from the APP is free from viruses and other unwanted applications (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operation of their computer systems.
Limitation of Liability – YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE AN APP, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATED TO THE APP, COMPANY PLATFORM, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT OR ANY OF THE CONTENT IS UNRELIABLE, NO LONGER CURRENT OR INACCURATE, THE SOLE AND EXCLUSIVE REMEDY IS FOR YOU IS TO DISCONTINUE USING THE APP.
General Warnings
You must ensure that your access to our Services is not illegal, unlawful or prohibited by laws which apply to you. You agree not to engage in any conduct that may impair or cause damage to the operation of our Services.
Our Services have been provided in accordance with Australian law but may not satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you live and if the details do not satisfy the laws of your jurisdiction, you must not use the Services or purchase or use any products from us.
Nothing in the terms of this Licence is intended to exclude, restrict or modify any rights you may have under the Competition And Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
Indemnification and further warranties
To the extent permitted by law, you agree to indemnify us, including our Related Body Corporates, subsidiaries, affiliates, directors and employees, against any claim or demand arising out of your breach of this Licence or your violation of any law or the rights of a third-party. This may include but is not limited to claim(s) relating to:
your use of the APP, including any transportation, collection, handling or delivery services you arrange, offer, accept or perform through the APP;
any loss of, or damage to, or delay in the delivery of any goods;
any personal injury, death or property damage caused by your acts or omissions;
your failure to comply with any licensing, insurance or vehicle requirements;
the transportation of prohibited, dangerous or illegal items;
any dispute between you and another user (including Senders or recipients);
any User Content you submit, post or transmit through the APP;
any loss of or any claim made by another user or third party arising from your conduct or User Content;
inaccurate, misleading or unlawful Product information provided by you; and
the nature, condition or legality of Products posted by you.
Each party warrants to the other party that it has the legal right and authority to enter into this Licence and to perform its obligations hereunder.
Dispute resolution
Given the APP is a merely a platform that connects Senders and Deliverers, and we are not a party to any agreement between such users of the APP, we are not responsible for resolving any dispute that may arise between you and another user of the APP, including a Sender.
If a dispute arises between you and another user in connection with the collection, transportation and/or delivery of any Products, then you agree to first attempt to resolve the dispute directly with the other user in good faith.
We may, in our sole discretion, elect to assist in resolving a dispute between users. Any such assistance is provided on a voluntary basis only, and we are not obliged to become involved in, or to resolve, any dispute between users of the APP.
If we elect to assist you, you agree to cooperate with us and provide any information reasonably requested. Any outcome, recommendation, or decision we make in connection with a dispute is not binding on us and does not make us a party to the dispute in any way.
To the extent permitted by law, we are not liable for any loss or damage arising out of or in connection with any dispute between users, including where we elect to assist in resolving the dispute.
Severability
If any of the terms of this Licence are held to be invalid, unenforceable or illegal for any reason then that term (or part thereof) will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms will continue in full force.
Termination
We reserve the right to terminate your use of the Services and any Account of yours associated with the APP for violating any of the prohibited uses in clause 17 or otherwise breaching any other term of this Licence.
The obligations and liabilities of the parties incurred prior to the termination of this Licence will survive the termination of this Licence. Our disclaimers and limitations and exclusions of liability provided in this Licence survive any such termination.
We may terminate this Licence at any time by notifying you, including by publishing a notice of this termination on the APP or discontinuing availability of the APP.
If in our sole judgment you fail, or we suspect that you have failed, to comply with this Licence then we also may terminate this Licence at any time without notice and you will remain liable for all amounts due up to and including termination. Accordingly, we may deny you access to our Services. We may communicate termination by disabling the User’s Account which may occur as a result of a determination made by us in our discretion.
Assignment
The User hereby agrees that we may assign our contractual rights and obligations under this Licence to our Related Body Corporate or to any successor to all or a substantial part of the business of us from time to time or to any third party, providing that, if the User is a consumer, such action does not serve to reduce the guarantees benefiting the User under this Licence.
Save to the extent expressly permitted by applicable law, the User must not without our prior written consent, assign, transfer or otherwise deal with any of the User’s contractual rights or obligations under this Licence. Your Account, username and passwords are not transferable, even between your own Accounts, and digital items supplied on the App have no retail value and are not redeemable for cash.
Export control
The User acknowledges that materials and/or information supplied to the User under this User Licence may be subject to the Export Laws.
The User must comply with the Export Laws insofar as they affect materials and information supplied to the User under this User Licence.
Without prejudice to the generality of clause 26.2, the User:
must not import, export, supply, disclose, transfer or transmit any materials or information supplied to the User under this Licence if such import, export, supply, disclosure, transfer or transmission would contravene any embargo or exclusion list applying under the Export Laws; and
must, where applicable, obtain all licences and consents required under the Export Laws for any import, export, supply, disclosure, transfer or transmission by or on behalf of the User of materials or information supplied to the User under this Licence.
Entire Agreement
The failure of us to exercise or enforce any right under the terms of this Licence does not constitute a waiver of our rights.
The terms of this Licence and any policies posted by us on our Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements or communications.
Any ambiguities in the interpretation of the terms of this Licence will not be construed against us as the drafting party.
We are not liable for any failure by us to comply with the terms of this Licence where such failure is beyond our reasonable control.
If we waive any rights available to us under the terms of this Licence on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Governing Law
To the extent permitted by law, the terms of this Licence are to be governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and agree that the courts of Queensland are the exclusive forum in which to resolve any dispute arising in relation to this Licence.
Changes to Terms of Services
You can review the most current version of this Licence any time at this page.
We reserve the right, at our sole discretion, to update the terms of this Licence by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. If you continue to use our Services, following the posting of any changes, you will be deemed to have accepted those changes. Any new features added to the Services will also be subject to this Licence, as amended from time to time.
How we handle e-mails
When you access the APP or send e-mails to us on any Company Platform, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the APP. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.