Our complete terms and conditions are contained below, but some important points for you to know before you become a Customer are set out below:
Our liability under these Terms is limited to us resupplying the Platform to you, and we will not be liable for Consequential Loss;
We will have no liability for the use or results of any Third Party ID Service or Identity Check, any aspect of the Customer and Driver interaction including the Delivery Services offered by the Driver, the description of the Delivery Services requested or offered, the performance of Delivery Services and any event outside of our reasonable control;
We may terminate these Terms at any time by giving 30 days’ written notice to you;
We receive a service fee/commission from each Driver for payments made through the Platform; and
We will handle your personal information in accordance with our privacy policy, available on our website.
Nothing in these terms limit your rights under the Australian Consumer Law.
These terms and conditions (Terms) are entered into between Clique Enterprises Pty Ltd ACN 656 452 041 (we, us or our) and users of the Platform (Customer, you or your) and set out how you request the delivery services (Delivery Services) from drivers performing the Delivery Services (Drivers) or retailers using our Portal (Merchants).
1.1 We host and maintain the online Platform and Portal which facilitates Booking Requests. As Part of our Platform, we facilitate the processing of payments between Customers, Drivers and Merchants via external payment gateways and third parties we engage and we provide the Delivery Services and Delivery Offsider Services (together iDlvr Services).
1.2 You understand and agree that we only make available the iDlvr Services. We are not party to any agreement entered into between a Customer and a Driver, or a Customer and a Merchant, and we have no control over the conduct of Drivers, Merchants, Customers or any other users of the Platform.
2.1 You accept these Terms by clicking “Accept and Continue” at the “Terms and Conditions” stage of the registration process on the Platform or using the Platform.
2.2 You must be at least 18 years old to use the Platform.
2.3 We may amend these Terms at any time, by providing written notice to you through a notification on the Platform. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the clause 18.
2.4 If you access or download our Platform 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.
2.5 We may use Google APIs, including Google Maps and Google Earth mapping services, and Apple APIs. Your use of Google APIs and Apple APIs are subject to each of Google and Apple’s Additional Terms of Service.
3.1 You must register on the Platform and create an account (Account) to access the Platform’s features. You may not create multiple Accounts.
3.2 You must link a payment method to your Account as set out on the Platform.
3.3 When registering for an Account, you must provide basic information to us, including your contact name, phone number and email address. We may ask you to provide basic information to us.
3.4 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
3.5 All personal information you provide to us will be treated in accordance with our Privacy Policy which can be found at https://www.idlvr.com.au/privacy-policy and any information you provide to any third parties (including Stripe) will be treated in accordance with that third party’s privacy policy.
3.6 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
3.7 You are responsible for keeping your Account details and your username and 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.
4.1 To purchase the Delivery Services, including Delivery Offsider Services, you must create an Account on the Platform and:
4.2 When making a Booking Request you acknowledge and agree that you must, at a minimum, include an accurate description of the Products, any delivery instructions, including how the delivery address is accessed, and whether Delivery Offsider Services are required (where not automatically applied by a Merchant). You also agree to provide proof of purchase (as set out in the Platform) where requested.
4.3 If you require iDlvr Services, including Delivery Offsider Services, you acknowledge and agree that:
4.4 Where you are requesting delivery from a Merchant:
4.5 If the Driver accepts the allocated Booking Request through the Platform, it becomes a Confirmed Booking.
4.6 Subject to clause 4.2 and 4.3, by accepting a Booking Request, the Driver confirms that they are legally entitled to and capable of supplying the Delivery Services described in the Booking Request.
4.7 Risk in the Products will pass to you when the Driver has delivered the Products to the Delivery Location.
4.8 If you are not available to take the Products directly from the Driver, the Driver will leave the Products in a secure location at the Delivery Location, take a photo of the delivered Products at the Delivery Location and upload this photo to the Platform to confirm delivery. The risk in the Products will pass to you once the photo has been uploaded. You can then also confirm delivery of the Products on the Platform or where you do not have an Account, through email or text message.
4.9 In using the Platform, you understand and agree that we make no warranties or representations as to the availability of Drivers on the Platform or whether your Booking Request will be accepted by a Driver.
5.1 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
6.1 We may from time-to-time issue to you promotional discount codes for use on the Platform.
6.2 To claim the discount, you must enter the promotional discount code at the time of submitting your Booking Request on the Platform. The conditions of use relating to promotional discount codes will be set out on the Platform. We may also from time to time run competitions on the Platform or on social media. These competitions are subject to terms and conditions which will be made available on the Platform at the time of the competition.
7.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message, phone call or email.
7.2 Customers and Drivers can communicate privately using:
7.3 You will receive notifications on the Platform, by email or by text message, updating you on the status of your Booking Request.
7.4 Customers and Drivers must not use the contact details to organise the provision of the Delivery Services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.
8.1 To register as a Customer on our Platform, you are required to link a payment method to your Account as set out on the Platform.
8.2 You must pay the fee set out on the Platform to us via the Platform to make a Booking Request in accordance with the payment terms set out on the Platform.
8.3 When you make a Booking Request, you agree that:
8.4 Subject to clause 9, in the absence of fraud or mistake, all payments made are final. If you make a payment by a payment method, you warrant that the information you provide to us is true and complete, that you are authorised to use the payment method to make the payment, that your payment will be honoured by the provider, and that you will maintain sufficient funds in your account to cover the payment.
9.1 In the event of a Dispute between Customers and Drivers:
9.2 Where we determine that you are the party at fault, you agree to: (1) where you are the Customer, pay for relevant fee for the Booking Request either through the Platform or as otherwise instructed by us; or (2) where you are the Driver, pay us the Delivery Fee (less our Service Fee) that you would have received if the Booking Request was completed.
9.3 If any payment has not been made in accordance with this Disputes Policy, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under this policy or at law) after a period of 5 Business Days from the relevant due date recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs).
10.1 You may cancel the Delivery Services and receive a refund of the Booking Fee if the Products subject of a Booking Request has not been collected by a Driver and marked as collected within 5 minutes of the Booking Request being submitted by you.
10.2 Once a Driver has accepted a Booking Request, the cancellation of any Delivery Services ordered on this Platform will incur a cancellation fee as set out on the Platform.
10.3 Subject to clause 10.4, once the Driver picks up the Product of a Confirmed Booking, the Confirmed Booking cannot be cancelled.
10.4 In the event the Booking Request made by a Customer is inaccurate and does not comply with any delivery restrictions, the Driver may, in its sole discretion, cancel the Confirmed Booking.
10.5 This clause will survive the termination or expiry of these Terms.
11.1 You may review and rate your experience with Drivers on the Platform whom you have engaged for the receipt or provision of Delivery Services (Review).
11.2 Reviews can be viewed by any Customer or Driver and will remain viewable until the relevant Account is removed or terminated.
11.3 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.
11.4 Where you have a negative experience with a Driver performing the Delivery Services to you, you may flag that Driver (as set out on the Platform). Your future Booking Requests will then not be allocated to a Driver who you have flagged.
11.5 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 (collectively referred to as Your Experience).
11.6 You may not write a review about a Driver if you are an executive or employee of that Driver, or work for the Driver. Similarly, you may not write a Review about a direct competitor to the Driver that you are employed by or work for.
11.7 Your Experience must have occurred in the 12 months prior to you writing a Review.
11.8 You may only write about Your Experience. You are not permitted to write a Review about somebody else’s experience with a Driver, such as that of a family member or friend.
11.9 You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Driver to write a Review, you should include information about this in your Review. Incentives include the Driver offering you a gift, reward, discount or advantage for writing a Review about the Driver on the Platform.
11.10 This clause will survive the termination or expiry of these Terms.
12.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
12.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
12.3 Unless otherwise agreed between the Parties in writing, subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
12.4 You must not, without our prior written consent:
12.5 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
12.6 This clause will survive the termination or expiry of these Terms.
13.1 You acknowledge and agree that we may store, backup and/or otherwise access or use Your Data for marketing purposes, including to send you promotional offers and information about our services.
13.2 You may elect for us not to use Your Data in accordance with clause 13.1 by opting out on the Platform.
14.1 You represent, warrant and agree that:
15.1 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 (Consumer Law Rights).
15.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law 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.
15.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and Delivery 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.
15.4 As a Customer, the Delivery Services provided by a Driver may also confer on you certain rights under the ACL.
15.5 This clause will survive the termination or expiry of these Terms.
16.1 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:
16.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.
16.3 This clause will survive the termination or expiry of these Terms.
17.1 To the maximum extent permitted by law:
17.2 This clause will survive the termination or expiry of these Terms.
18.1 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.
18.2 Either Party may terminate these Terms at any time by giving 30 days’ written notice to the other Party (Termination for Convenience).
18.3 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
18.4 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
18.5 Upon expiry or termination of these Terms:
18.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
18.7 This clause will survive the termination or expiry of these Terms.
19.1 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.
19.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
19.3 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.
19.4 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.
19.5 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.
19.6 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.
19.7 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.
19.8 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.
20.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
20.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
20.3 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Customer, or by a Driver.
20.4 Disputes in relation to these Terms: 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 a senior representative of 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 New South Wales 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.
20.5 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
20.6 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
20.7 Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
20.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided 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.
20.9 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
20.10 Publicity: With your prior written consent, You agree that we may advertise or publicise the broad nature of our supply of the iDlvr Services to you, including on our website or in our promotional material.
20.11 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
20.12 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.
20.13 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
20.14 Amendments: You agree that we may amend these Terms from time to time by providing at least 30 days’ written notice to you. Where we provide this notice, the amendment will take effect 30 days following the date of the notice. If you do not agree to the amendment and the amendment materially and adversely affects your rights, within 30 days of the amendment coming into effect, you may choose to work with us to resolve the matter or terminate Your Account and these Terms in accordance with clause 18.
21.1 Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
21.2 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.
21.3 Delivery Location means the location for delivery particularised in a Confirmed Booking.
21.4 Delivery Offsider Services means the provision of Delivery Offsider Services including unloading and handling Products that require greater care or effort for example, where more than one Driver is required to deliver a Product.
21.5 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, 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.
21.6 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.
21.7 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).
21.8 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.
21.9 Platform means the platform we provide to Customers where they can make Booking Requests.
21.10 Portal means the portal we provide to Merchants where they can make Booking Requests.
21.11 Products means the products to be delivered as particularised in a Confirmed Booking.
21.12 Merchant means a retail business who has partnered with us to provide Delivery Services, including Delivery Offsider Services, on applicable purchases by Customers.
21.13 Trip means a vehicle journey made by a Driver who is providing Delivery Services.
Clique Enterprises Pty Ltd ACN 656 452 041
Email: info@idlvr.com.au
© LegalVision ILP Pty Ltd