The Courier App Platform

Terms Of Use

TERMS AND CONDITIONS

These terms and conditions (Terms) are between The Courier App Pty Ltd ABN 84 640 444 015 (we, us or our) and you, together the Parties and each a Party. In these Terms, when we refer to you, we mean (as applicable) (1) the person or entity registered with us as either a Customer or Driver; or (2) the individual accessing or using the Platform.

We provide a Platform where drivers who are equipped to pick up and drop off goods between locations (Drivers) and customers who would like goods picked up and dropped off between locations (Customers) can connect and transact. The platform is available at www.thecourierapp.com.au and via other channels or addresses including our mobile application (Platform).

Our privacy policy, website terms of use and Driver Invitation Pack posted on the Platform are incorporated into these Terms.

Acceptance

You accept these Terms by registering on the Platform or using the Platform or the services. As a Driver, you warrant that you have read and that you must, during the term of these Terms, comply with the Driver Invitation Pack.

You must be 18 years old to use the Platform.

We may change these Terms at any time, by providing written notice to you on the Platform. By continuing to use the Platform after the date of notice, you agree to the amended terms from the date of notice on the Platform.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Platform summary

The Platform is a marketplace where Customers can advertise the delivery service they would like to receive, and where Drivers can offer to provide delivery services online. We provide the Platform to users (including hosting and maintaining the Platform), assist Customers and Drivers to form contracts for the supply of services and process payments between Customers and Drivers (together the The Courier App Services). You agree that we only make available the Platform and the The Courier App Services. Although we screen Drivers to the best of our ability, we are not party to any agreement entered into between a Customer and a Driver and we have no control over the conduct of Drivers, Customers or any other users of the Platform.

A Customer may post an accurate and complete description of the delivery services they require, the good/s to be delivered and the price they will pay (including any GST payable) through the Platform (Job Listing). The Job Listing should contain the pick up and delivery times and locations as well as any relevant instructions for the delivery. A Customer may request to use a Driver they used for a previous delivery. A Customer may change the price for a job in the Job Listing any time before a Job is created however the price is not negotiated between the Customer and the Driver. Certain goods cannot be delivered via the Platform, including any illegal items, toxic materials, medication or drugs, and Customers may not list any such items in their Job Listing. Customers should review the non-exhaustive list (available on the Platform) of items which are prohibited from being delivered.

Drivers can browse Job Listings based on their location.

The first Driver (or the previous Driver, if the Customer requests them and the previous Driver accepts) to accept a Job Listing will secure the job which then becomes a Job. By accepting a Job Listing, the Driver confirms that they are legally entitled to and capable of supplying the services described in the Job Listing.

Delivery process: Customers will receive a personal identification number (PIN) from the Platform when a Job is created. When a Driver delivers goods to the delivery location, the Customer or their nominated Personnel should provide the Driver with this PIN. The Driver should input the PIN to the Platform to complete the Job. If the Customer or their nominated Personnel are not at the delivery location to accept delivery, the Driver should place the goods in a safe location, take a photo of the delivered goods, and upload the photo to the Platform to complete the Job.

Customers must independently purchase the goods, and arrange for the goods to be dismantled, disassembled, and ready to be picked up from outside the pick up location. Similarly, when Drivers deliver the goods, they are required to deliver them to outside the delivery location, and are not responsible for assembling or taking the goods inside. Drivers may use their Personnel to assist with the delivery of certain goods, such as heavy or unwieldy goods, at their discretion.

The Platform may use location-based functionality to display the location of Drivers while completing a Job.

If a Driver has an accident or for any reason cannot complete a Job, the Listing Fees will be returned to the Customer in accordance with the ‘Payment’ clause.

Accounts

Create an Account

You must register on the Platform and create an account (Account) to access the Platform’s features.

You may only have 1 Account on the Platform which you can use both as a Driver and a Customer.

Information required to create an Account

You must provide basic information when registering for an Account including your business name (if applicable), contact name and email address and you must choose a password.

If you are a Driver, we will review your request for an Account before approving the request, and you will need to go through a screening process to determine your suitability as a Driver. You will need to have thoroughly read the Driver Invitation Pack, have a video conference meeting with us, and you will need to answer a series of questions, and obtain at least 75% correct answers. We may request additional information, including a police check, copy of your driver’s licence, copies of your insurance, photos of your vehicle and details of your vehicle registration. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

Account obligations

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services and threshold of reviews.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.

Customers and Drivers can communicate privately using our private messaging service provided on the Platform and are not permitted to share their phone numbers or other personal contact details through our private messaging service or in any other manner.

Payment

It is free to register an Account on the Platform, for Customers to create Job Listings, or for other users to review content on the Platform, including Job Listings.

Customers may wish to purchase The Courier App protection for loss or damage to goods, up to the value of $300. The price of this protection is set out on the Platform. In the event of loss or damage to the goods, Drivers will be charged for claims up to $300.

In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable and will be deducted as a percentage of the Listing Fees, as set out on the Platform.

As a Customer, you agree to pay the relevant fees set out in your Job Listing which include the delivery services fee and our Service Fee (Listing Fees).

Upon receipt of the Listing Fees from the Customer, we will hold the Listing Fees on behalf of the Driver until such time as they are paid to the Driver, refunded to the Customer (if the Customer is entitled to a refund in accordance with these Terms) and/or paid to us as our Service Fee. Upon a completed Job, we will pay the Listing Fees on behalf of the Customer to the Driver after deduction of our Service Fee. If a Job is not completed and we are satisfied that the Listing Fees should be returned to the Customer, we will return the Listing Fees to the Customer.
If you are a Driver, you appoint us as your limited payment collection agent solely for the purpose of accepting the Listing Fees from the relevant Driver. You agree that we will not be required to pay you any amount until we have received the Listing Fees from the relevant Driver, that we will deduct our Service Fee from any Listing Fees we receive and that we may grant refunds to Drivers in accordance with these Terms.

General

We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

We may from time to time issue promotional discount codes for the Platform. To claim a discount as a Customer, you must enter the promotional discount code at the time of submitting your Job Listing through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Refunds and Cancellation Policy

Either a Customer or a Driver can cancel a Job any time up until 4 hours before the arranged pick up time. If a Customer cancels less than 4 hours before the arranged pick up time, we will not return the Listing Fees to the Customer and the Listing Fees will be paid to the Driver, after our deduction of our Service Fee. If a Driver cancels less than 4 hours before the arranged pick up time, and we are satisfied that the Listing Fees should be returned to the Customer, we will return the Listing Fees to the Customer and will not deduct our entire Service Fee, but we will deduct any payment processing fee.

For disputes between Customers and Drivers, the Parties should notify us of any disputes using the email address at the end of these Terms, and we will make a determination as to how the dispute should be resolved. We will endeavor to respond to any notifications within 24 hours.

Reviews

Customers may review their experience with the Driver on the Platform (Review).

Reviews can be viewed by any user and will remain viewable until the Driver’s Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a Driver if you have had an experience with that Driver, which means that (1) you have engaged the Driver through the Platform; or (2) you can otherwise document your interaction with the Driver in relation to the Platform, including via correspondence. Customers will be prompted to write a Review after a Job is completed.

You may only write about your own Customer Experience. You are not permitted to write a Review about somebody else’s Customer Experience, such as that of a family member or friend.

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (The Courier App Content and together with User Content, Content).

Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, or sell any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

(a) you will not use our Platform, including the Content, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

(e) you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;

(f) as a Driver, you will comply with the Driver Invitation Pack and any other manuals or guidelines available on the Platform;

(g) as a Driver, you are responsible for complying with all laws, including traffic laws, rules and regulations which apply to providing the services;

(h) as a Driver, you are appropriately qualified, you have your full driver’s licence, and have any required skills, knowledge or training, to provide the services; and

(i) where you are a Driver, you are solely responsible for determining which Job Listings to accept, the type, timing, manner and means, methods or processes of providing your services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your work hours, your schedule or your location. We do not provide you with training, equipment or tools to provide your services. You are responsible for any taxes payable on any fee you receive for your services.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Customer, the services provided by a Driver may also confer on you certain rights and guarantees under the ACL from the Driver.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) your or your Personnel’s acts or omissions;

(b) any use or application of the The Courier App Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;

(c) any aspect of the Customer and Driver interaction including the services offered by the Driver, the description of the services requested or offered, the performance of services and delivery of goods by the Driver;

(d) any works, services, goods, materials or items which do not form part of the The Courier App Services (as expressed in these Terms), or which have not been provided by us;

(e) any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;

(f) the The Courier App Services being unavailable, or any delay in us providing the The Courier App Services to you, for whatever reason; and/or

(g) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

(a) we will not be liable for Consequential Loss;

(b) our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your Personnel); and

(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the The Courier App Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us (if you are a Customer) in respect of the supply of the The Courier App Services to which the Liability relates, or where there are no Service Fees paid, $10.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

(a) you (or any of of your Personnel) materially breach any provision of these terms

(b) you (or any of your personnel) breach any of these Terms and that breach has not been remedied within 10 business days of being notified by us;

(d) there is any reason outside our control which has the effect of compromising our ability to provide The Courier App Services; or

(e) you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

(a) materially breach any provision of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or

(b) are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform;

(b) we will immediately cease providing the The Courier App Services to you;

(c) you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;

(d) where you are a Customer, we will cancel any existing Job and you will lose any Listing Fees and other amounts paid other than where termination is due to our Termination for Convenience. Where you are a Driver, we will cancel any existing Jobs and refund the relevant Customers; and

(e) where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Driver insurance and vehicle upkeep

As a Driver, we may request that you provide evidence of your vehicle registration and insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

If your vehicle is subject to the Heavy Vehicle National Law or similar regulations, you must obtain any relevant licences and registrations and you are solely responsible for complying with such laws and regulations.

Drivers are responsible for the upkeep of their vehicle, including the cost of cleaning, repairs and maintenance.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Driver and us, a Party may not commence court proceedings relating to a Dispute without first meeting with the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of South Australia to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Driver Invitation Pack means the guide which sets out rules and responsibilities for Drivers and which is available on the Platform.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Personnel means, if you are a Customer, any people who may accept your delivery on your behalf, or, if you are a Driver, any of your subcontractors or friends who may assist you with a Job.

For any questions or notices, please contact us at:

The Courier App Pty Ltd ABN 84 640 444 015

Email:hello@courierdriver.com.au

Last update: 13 Feb 2021