Legal & Policies
Scope and Application
1.1. These terms and conditions (the Terms) and the Requirements (which together form the Agreement) govern any contract for services arising between you (you) and Delivr Pty Limited (ACN 618 739 129) of 107 Main Road, Ballarat East (Delivr, Company, we, our or us) for the provision of Services.
1.2. We provide the Delivr Platform to pair restaurants with users (Customer/s) which allows Customers to purchase food and other goods from restaurants and have them delivered.
1.3. The Company has agreed with restaurants to use commercially reasonable efforts to procure independent contractors to collect and deliver food and other goods from the restaurants to the Customers.
1.4. By applying and logging in through our mobile application (the Courier Application) or the web portal (the Delivr Portal), you have shown your interest in providing Services from time to time.
1.5. If we provide you with the opportunity to perform Services, and you agree to provide Services, a separate contract for services will arise.
1.6. By ticking a box to indicate your acceptance of these Terms on the Delivr Portal or Courier Application, you agree that the Agreement and the scope of work provided to you for each Delivery Opportunity will govern each contract for services that arises between us and you. You acknowledge and agree that you have had the opportunity to read, understand, and properly consider your obligations and the consequences arising under these Terms and the Requirements and that you agree to be bound by them. You also acknowledge that you have read and understood the Guides available on the Delivr Portal.
2.1. We will advertise Delivery Run availability on the WhenIWork App and Delivr Portal.
2.2. You may register your availability to provide Services by registering for one or more Delivery Runs.
2.3. While you are signed into the Courier Application during any Delivery Run, we may make available Delivery Opportunities to you which you may accept.
2.4. We are not obliged to notify you of a Delivery Opportunity and you are not obliged to accept a Delivery Opportunity during a Delivery Run.
2.5. You are not contractually required to provide any particular volume of Services and we are not contractually required to provide you with any particular volume of business.
2.6. You acknowledge that you are required to use your business judgment in providing the Services, and that, based upon your exercise of your own business judgment, and your efficiency in providing the Services in connection with the Agreement, you will experience a potential range of business outcomes including the chance for profits and the risk of losses.
2.7. Subject to compliance with the Agreement, you have the absolute discretion to control the manner in which the Services are provided. You are not required to follow any suggested route or directions.
3.1. You warrant and represent that you operate an independent business (either as a sole trader, partnership or company) that provides delivery services, and, subject to clause 3.2, that you meet (and will continue to meet) the Requirements.
3.2. As a condition precedent to accepting any Delivery Opportunity, you must comply (to our satisfaction) with the Requirements within 20 days of accepting the Terms. If you are unable to meet the Requirements, this condition will not have been met and no binding contract for services will be regarded to have come into effect between the Parties in respect to any Delivery Opportunity offered to you.
3.3. You must provide us with the documents specified in the Requirements including licences, permits and consents at our request. You must provide updated documents should any provided documents expire, or if they are revoked or cancelled for any reason.
3.4. You expressly consent to us to verifying your documents through any means we consider reasonable (including, but not limited to, conducting Australian government checks).
3.5. You warrant that you meet the Minimum Standards and you undertake to ensure that all of your Personnel are able to meet the Minimum Standards.
3.6. You must not previously have had any agreement with Delivr terminated by us for any reason.
3.7. You acknowledge that products and services, including the Delivr Platform, the Delivr Portal and the Courier Application, and all rights therein shall remain the property of Delivr (or our licensors).
4.1. Personal Standards
You must be over 18 years old and not have a relevant criminal record.
4.2. Equipment standards
a) have access to a smart phone capable of operating the Courier Application;
b) download the Courier Application and keep it updated;
c) have a sealable, commercial grade, insulated food transportation bag that can be used to provide the Services.
4.3. Vehicle Standards
a) You are solely responsible for obtaining, using and maintaining all Equipment required to provide services including but not limited to, a motor vehicle if you provide services as a Vehicle Courier, or a bicycle if you provide services as a Bicycle Courier.
b) If you are providing the Services as a Vehicle Courier:
you must have access to a registered motor vehicle or motorcycle which you will use (the Vehicle) to provide the Services;
you must have a valid driver's licence that is accepted in the Australian State in which you will be providing Services;
you must ensure that the Vehicle is in good operating condition and meets the industry safety standards for a motor vehicle of its kind;
if you are using a motorcycle, you must wear an Australian standards compliant helmet;
you will be solely responsible for any and all liability which results or is alleged as a result of the use of the Vehicle including, but not limited to personal injuries, death and property damages;
you will obey all laws related to the provision of the Services and will be solely responsible for any breach of applicable laws.
c) If you are providing the Services as Bicycle Courier:
you must have access to an electronic (pedal assisted) bicycle that you will use to provide the Services;
the bicycle must be in good operating condition and meet the required standards for a bicycle of its kind;
you must wear an Australian standards compliant bicycle helmet;
you will be solely responsible for any and all liability which results or is alleged as a result of the use of the bicycle including, but not limited to personal injuries, death and property damages;
you must obey all local laws related to providing services and will be solely responsible for any breach of the laws.
Performance and Personnel
5.1. You are not required to provide Services personally, and you may employ or engage Personnel. You are solely responsible for the hiring, direction, control, management, supervision and payment of any Personnel who provide the Services in connection with the Agreement.
5.2. You are permitted to provide your login details to your Personnel to enable them to log into the Courier Application and Delivr Portal, provided that you ensure that your Personnel keep those details confidential.
5.3. Other than in accordance with clause 5.2 you must at all times keep secure and confidential all login, password(s) or other identification details required to access the Delivr Platform or as otherwise required in your dealings with us.
5.4. If you use Personnel to provide the Services, the Personnel must comply with the terms of the Agreement. You will not be relieved of any of your liabilities or obligations under the Agreement and you are liable to us for the acts and omissions of your Personnel as if they were your acts or omissions.
5.5. Neither you nor the Personnel will receive from us, and you acknowledge and agree that neither you nor the Personnel are entitled to receive from us, any wages, loadings, superannuation contributions, paid annual holidays, paid public holidays, long service leave, paid personal leave, PAYG payment summaries, workers compensation cover, or any other statutory or common law employment benefits.
5.6. If you employ Personnel you must comply with the provisions of the Fair Work Act 2009 (Cth) and any other applicable workplace laws.
5.7. You agree to indemnify us for any and all liabilities, obligations, claims, penalties or costs that we suffer or incur in relation to taxation, superannuation or employment matters for you or for any Personnel.
5.8. You may be required to submit to checks for records of criminal charges and convictions relating to you (or your Personnel) from time to time. You agree to provide your consent for the results of any such checks to be provided to us and, to the extent that any such checks are facilitated by us, you agree to provide us with any information and consents we may require for such purposes.
5.9. You undertake to notify us if you or any of your Personnel are charged with a criminal offence at any time after entering into the Agreement (for so long as the Agreement remains in force).
5.10. If you or your Personnel are not a permanent resident, you or your Personnel must:
have a current visa issued by the Department of Home Affairs which enables you or your Personnel to provide the Services; and
comply with any visa conditions imposed on you or your Personnel.
5.11. If your, or your Personnel's, visa status changes, you are required to notify us immediately and provide full details and information in respect of your changed circumstances.
5.12. From time to time, we (or our agents) may conduct a Visa Entitlement Verification Online with the Department of Home Affairs. Your, and your Personnel's, acceptance of these Terms constitutes your or your Personnel's consent to us (or our agents) undertaking any Visa Entitlement Verification Online.
5.13. Your Personnel must read and understand the Guides available on the Delivr Portal.
Health and safety
6.1. You will be responsible for your compliance and your Personnel’s compliance with all applicable work, health and safety legislation, as well as road and traffic laws.
6.2. You must immediately inform us if you are involved in any accident when using your vehicle while providing the Services, if you are arrested or if you are issued with a fine in respect of an offence while providing Services, or if you are suspended or disqualified from driving. As soon as practicable after any accident, arrest or fine, you must complete and provide to us an incident report through the Delivr Portal.
6.3. You are required to co-operate with us in the event that there is an investigation of any incident or accident, including any workplace safety incident or near miss.
6.4. If you are delivering alcohol, you must ensure the Customer has a valid government issued photo identification that is not expired and matches the customer. You must never deliver alcohol to a customer that is visibly intoxicated. If a Customer is underage or intoxicated you must contact us via the Delivr Portal or the Courier App.
You agree that you are responsible for all costs and expenses arising from the provision of the Services, including, but not limited to, costs related to your Personnel, your Equipment and any costs associated with any parking or other traffic penalties.
Fees and Payment
8.1. You will receive payment for the provision of the Services on a weekly basis, or more frequently if our technology enables us to do so, into your nominated Australian bank account. All payments from us to you shall be communicated to you via the Delivr Platform.
8.2. If you are GST registered, we will generate a recipient created tax invoice (RCTI) on your behalf detailing the fees you will receive for providing the Services and you must not issue tax invoices in respect of these supplies. If you are not GST registered, we will send you a statement detailing the fees you will receive for providing the Services.
8.3. You understand and acknowledge that:
we will not withhold any income tax from any monies or fees paid to you; and
you must hold and continue to hold an Australian Business Number (ABN) while you provide the Services.
9.1. While it is not an obligation for you to be GST registered, you must keep us updated as to your GST registration status at all times. If you inform us you are GST registered but then cease to be registered for any reason, you must inform us immediately.
9.2. If any taxable supply made by a party under these Terms is subject to GST and you are registered for GST, the party making the supply may, in addition to consideration for the supply, recover an additional amount on account of GST.
9.3. The additional amount payable under this clause:
is equal to the consideration payable to you for the relevant supply multiplied by the prevailing GST rate; and
is payable at the same time and in the same manner as the consideration for the supply to which the additional amount relates.
Relationship of Parties
10.1. You will be providing the Services as an independent contractor. Nothing in this Agreement creates an employment relationship, partnership or other joint venture or enterprise between us and you. You acknowledge and agree that you are not an employee of ours or of any restaurant by operation of the Agreement.
10.2. Neither party has the right to bind the other by contract or otherwise except as specifically provided in these Terms.
10.3. Nothing in the Agreement and no verbal or written communication between the parties, will be construed as an express or implied employment agreement or a promise by Delivr to employ you, any Personnel or any of your agents or representatives.
10.4. You retain the right to provide services to or to undertake work for others and to hold yourself out to the general public as an independent business. These Terms do not restrict you from providing services or working for other businesses, customers or consumers at any time, even if that business directly competes with us.
Insurance and permits
11.1. At all times, you must have in place at your own expense:
Compulsory Third Party (CTP) motor vehicle insurance; and
any other insurances required by law or reasonably requested by us (which may include public liability insurance and comprehensive motor vehicle insurance).
11.2. You must hold all permits, licences and approvals which may be required under any local laws to provide the Services.
11.3. You must, on request, promptly provide us with evidence of the insurance obtained by you in accordance with this clause, including certificates or currency and policy terms (including exclusions).
12.1. You are responsible for the rectification of any errors and omissions in the provision of the Services.
12.2. In the event there is a Service Failure, you will not be entitled to payment, or part-payment, for any part of the Services affected by the Service Failure, as determined by us in our reasonable discretion.
12.3. We reserve the right to interrupt, restrict or limit your access to the Delivr Platform (or any part of it), or to temporarily or permanently withdraw, discontinue or terminate your access to the Delivr Platform or your participation in it, at any time for the purpose of investigating alleged breaches of the Agreement or conducting maintenance or technical upgrading, development or repair of the Delivr Platform.
13.1. If there is any dispute between us relating to the provision of services or arising from these Terms, each party must use good faith efforts to informally resolve the dispute.
13.2. If the dispute or difference is not settled within 30 days (unless this period is extended by agreement), it must be submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. The decision of the arbitration on the dispute shall be final and binding on the parties.
13.3. Unless the parties agree upon an arbitrator an arbitrator will be nominated by the Chair of the Resolution Institute.
13.4. You agree that any claim you may have against us, including past and present related entities, officers, directors, employees and agents, must be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action, collective or representative proceeding of any kind (existing or future) against us or a Related Entity.
13.5. This clause will remain operative after the Agreement has ended and notwithstanding its termination.
13.6. Nothing in this clause shall prevent Delivr suspending your access to the Delivr Platform pending any resolution of a dispute if it considers it prudent to do so.
14.1. The Agreement will terminate without any further action on the part of the Company or you if you do not provide any Services during any consecutive six (6) month period.
14.2. Either party may terminate the Agreement and end the relationship between you and us for any or no reason on the giving of seven (7) days written notice (including via email) via the Delivr Portal.
14.3. Without prejudice to any other right or remedy we may have against you, we may terminate the Agreement with immediate effect with no liability to make any further payment to you if at any time you or your Personnel:
breach the terms of the Agreement;
are charged with any criminal or traffic offence;
breach any relevant laws or regulations;
commit any fraud or dishonesty;
persistent failures to complete the Services in a manner consistent with the Community Respect Guide and the Community Health & Safety Guide;
acts in any manner which in our opinion brings or is likely to bring us into disrepute; or
lose the right to work in Australia.
14.4. You agree that you will assist us in the investigation of any customer complaints that may be made about you, or your Personnel or in relation to any incident in which you may be able to assist.
14.5. Termination of the Agreement will not release you from liability in respect of any breach, non-performance of any obligation or any Service Failure by you prior to the date of termination.
We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of our products or services to which your provision of the services relates. Our services and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
16.1. You are liable for and agree to indemnify us and any of our Related Entities, against any liability and any loss or damage directly arising out of your (or your Personnel’s) acts, omissions, breach of default whether or not the acts or omissions are in tort (including negligence), contract or otherwise in relation to your provision of the Services, except to the extent that liability or loss directly arises out of our negligent acts or omissions.
16.2. You agree that you will defend, indemnify and hold us harmless (including our officers, directors, members, employees) and any of our Related Entities from and against all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with:
your (or your Personnel’s) breach of or failure to comply with the Agreement;
any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; and
to the maximum extent permitted by law, your (or your Personnel’s) ownership, use or operation of a motor vehicle or bicycle in connection with the Courier Application or Delivr Portal
except to the extent that liability or loss directly arises out of our negligent acts or omissions.
16.3. Each indemnity is a continuing obligation separate and independent from other obligations and survives termination of these Terms.
16.4. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity conferred by these Terms.
16.5. You will be solely responsible for any and all liability which results or is alleged as a result of the operation of the motor vehicle and/or bicycle including, but not limited to personal injuries, death and property damages.
17.1. In the course of providing the Services, you may have access to Confidential Information, about us, our Related Entities or third parties including Customers, restaurants and other merchants, and their employees and representatives, or others through our website or through other means, including names, addresses, email addresses, and telephone numbers, order information and other information about identifiable individuals (collectively Confidential Information).
17.2. You agree that while you are an independent contractor and at all times thereafter, you will not, and you must ensure that your Personnel do not, without our prior written consent, except where required by law or for you to obtain professional advice:
reveal, disclose or make known any Confidential Information to any person; or
use the Confidential Information for any purpose, other than for the purpose of providing the Services in connection with the Agreement.
17.4. You will not use the Personal Information for your own purposes except with our prior written approval. In particular, you must not communicate with customers except via any masked telephone number, hardware or software provided by us to you. You must immediately notify us if you become aware of any actual or possible breach of this clause. You indemnify us for any loss, damage, dispute or third-party claim incurred by us as a result of your breach of this clause.
18.1. You represent and warrant that you have not been convicted of any offence involving slavery and human trafficking; nor have you been the subject of any investigation, inquiry or enforcement proceedings related to slavery and human trafficking. In providing your obligations under the Agreement, you must:
comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force including but not limited to the Modern Slavery Act 2018 (Cth), and with our Modern Slavery Policy as posted on the Delivr Portal; and
not engage in any activity, practice or conduct that would constitute an offence under the Modern Slavery Act 2018 (Cth), whether such activity, practice or conduct was carried out within, or outside Australia; and
notify us as soon as you become aware of any actual or suspected slavery or human trafficking that has a connection with the Agreement.
Further legal terms
19.1. The Agreement records the entire agreement between the parties and replace and supersede all prior agreements whether written or otherwise in relation to its subject matter.
19.2. The Agreement governs the legal relationship and all legal issues between the parties, including any dispute arising from or related to it or any previous agreement between the parties.
19.3. The Agreement is governed and construed by the laws of Victoria. The parties submit to the jurisdiction of the courts of Victoria, and courts of appeal from them. A party may only waive a breach of these Terms in writing signed by that party or its authorised representative.
19.4. Amendments will be effective upon the Company posting updated Terms or Requirements (and any schedules and annexures), as applicable, at this location. Your continued provision of the Services after the posting constitutes your consent to be bound by the amended Agreement.
19.5. If any provision of the Agreement is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement will continue in full force and effect.
19.6. Each party has entered into the Agreement without relying on the representation by any other party or any person purporting to represent that party.
19.7. You must not assign, transfer or encumber (by registering a security interest) any rights or obligations under the Agreement without our prior written consent.
19.8. Nothing in these Terms nor your provision of the services shall operate as to grant you any rights:
in the product or services; or
in our name, logo, trademarks or that of our Related Entities or the right to use our name, logo, or trademarks.
In these Terms, the following capitalised terms shall have defined meaning below:
Agreement means these Terms and the Requirements.
Bicycle Courier means the provision of Services by using a bicycle.
Delivery Opportunity means a notification from the Delivr Platform to you of the opportunity to enter into a contract for Services.
Delivery Run(s) means a period(s) of time for which you can register your availability to provide services on the Delivr Platform.
Equipment means the tools, devices, and any vehicle or bicycle required to enable you to provide the Services as specified in the Requirements.
GST means goods and services tax levied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Guides means the Community Health and Safety Guide and the Community Behaviour Guide posted on the Delivr Portal, as may be amended from time to time.
Delivr Platform means the Delivr web page or mobile application platform that connects independent contractors, restaurants and/or other businesses, and consumers and includes, as applicable, the Courier Application or the Delivr Portal.
Minimum Standards means the minimum standards specified at Clause 4.
Parties means you and us.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
Personnel means any employees or subcontractors that you engage or employ to provide all or some of any Services.
Related Entities mean Delivr and all parent, subsidiary and/or affiliated companies, as well as past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees.
Requirements means the Courier Requirements document available on the Delivr Portal that describes the minimum Equipment, licenses and other requirements for a Courier to be able to provide Services.
Service Failure means any circumstance in which you fail to provide or complete all or part of any contract to provide Services.
Services means the collection of food and goods from restaurants or other businesses and the delivery of such food and goods to Customers.
Vehicle Courier means the provision of Services by using a motor vehicle which includes a car, motorbike or scooter.
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