Our complete terms and conditions are contained below, but some important points for you to know before you become a Driver 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;
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 delivery drivers (Driver, you and your) and set out how you must perform the delivery services (Delivery Services) to users of our Platform (Customers) 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 in relation to the Delivery Services and delivery offsider services (together iDlvr Services). 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 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.
2.3 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.
2.4 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 All payments in relation to the Delivery Services are processed through our third-party payment processor, Stripe. You must create an account with Stripe when creating an Account in order for us to pay you.
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, including information about the vehicle you are using to provide Delivery Services. We may also ask you to provide your details to our third-party processors, including the National Crime Check (NCC) and InfoAgent, for the purposes of conducting a background verification check and vehicle registration check on you.
3.4 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
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.
3.8 We will review your request for an Account and the results from the NCC before approving the request, and you acknowledge and agree that your request will be contingent on the results of the NCC and any other factors outlined in this clause 3.8, these Terms, and which we, in our sole discretion, consider to be relevant to your request. You acknowledge and agree that we may rely on results from third parties we engage, including in relation to identification checks, vehicle registration checks and any additional information relevant to your request. If set out on the Platform, you may be required to provide us with a certificate of currency of the insurances you hold. If you do not provide us with the information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates, in our sole discretion, that you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account.
3.9 We may conduct spot checks to confirm any of the information set out in clause 3.8.
3.10 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 Delivery Services and threshold of reviews.
4.1 On our Platform, we may notify you of the opportunity to perform Delivery Services in accordance with orders placed by Customers or Merchants (Booking Request). You agree that by creating an Account, you are making yourself available to receive Booking Requests, which you may accept or reject.
4.2 Booking Requests will include an accurate description of the Products, any delivery instructions, including how the delivery address is accessed, the vehicle required, any vehicle features required if applicable, whether Delivery Offsider Services are required (where not automatically applied by a Merchant), whether there is a second Driver to help load or unload the Products, the Customer’s authorisation to collect, and other information relevant to the Deliver Services.
4.3 If you accept the allocated Booking Request through the Platform, it becomes a Confirmed Booking.
4.4 Subject to clause 4.2, by accepting a Booking Request, you agree:
4.5 Risk in the Products will pass to you when you pick up the Products. Risk in the Products will pass to the Customer when you have delivered the Products to the Delivery Location.
4.6 If the Customer, or a person nominated by the Customer as set out in the Booking Request, is not available to take the Products directly from you, you 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 the relevant Customer once the photo has been uploaded. The Customer must then confirm delivery of the Products on the Platform.
4.7 Customers and Merchants may include Delivery Offsider Services in a Booking Request. Where Delivery Offsider Services are requested, we may impose certain delivery restrictions, including but not limited to a maximum number of stairs the Driver and/or delivery offsider is required to climb in order to deliver the Products to the Delivery Location. You may reject a Booking Request if the Booking Request does not comply with our delivery restrictions.
5.1 You represent, warrant and agree that:
5.2 You acknowledge and agree that while performing the Delivery Services you:
6.1 As a Driver, at a minimum, you are required to effect and maintain the following insurances with a reputable insurance provider:
6.2 Where we request you to provide evidence of any licence or insurance you are required to hold in accordance with clause 6.1, we are not confirming that the licence or 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 licence or insurance this does not indicate that you do not require the licence or insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the licences and insurances you require and we make no warranty to you or Customers or Merchants in this respect.
7.1 You may be requested to present evidence of your identity when you pick up a Product as part of a Confirmed Booking, this includes, but is not limited to your name, phone number, email, vehicle model and make, your vehicle registration number and order proof of purchase. You agree to present such evidence, if requested by the Customer or Merchant to do so, through the Platform such as using the customer authorisation PDF.
7.2 If we choose to conduct identity verification or background checks on any Customer or Driver we will conduct these checks through an external third party, and to the maximum extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Customer or Driver or guarantee that a Customer or Driver will not engage in misconduct in the future. Any verification of Drivers on the Platform is not an endorsement or recommendation that the Driver is trustworthy or suitable.
8.1 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.
8.2 Customers and Drivers can communicate privately using:
8.3 Customers will receive notifications on the Platform, by email or text message updating them on the status of their Booking Request.
8.4 You acknowledge and agree that your live location will be shared with the Customer through the Platform during your performance of the Delivery Services to allow the Customer to track your location and determine when you will arrive at the Delivery Location.
8.5 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.
9.1 To register as a Driver on our Platform, you are required to link your Stripe account to your Account. By making or accepting payment through Stripe, you accept Stripe’s terms and conditions.
9.2 A Customer 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.
9.3 As a Driver, when you create an Account and accept a Booking Request, you agree that:
9.4 Upon receipt of the Delivery Fee from the Customer, we will hold the Delivery Fee on your behalf until such time as it is paid to you in accordance with these Terms, refunded to the Customer (if the Customer is entitled to a refund in accordance with clause 11 of these Terms) or paid to us as our Service Fee.
9.5 Upon a completion of the Delivery Services of a Confirmed Booking, we will pay the Delivery Fee to you after deduction of our Service Fee (plus any other amounts owed by the Driver to us under these Terms). We will not be required to pay you any amount until we have received the Fee from the relevant Customer or if we are required to grant a refund to the Customer for cancelled services under clause 11 or otherwise by law.
10.1 In the event of a Dispute between Customers and Drivers:
10.2 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.
10.3 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).
11.1 A Customer may cancel the Delivery Services and receive a refund of the Booking Fee if the relevant Booking Request has not been marked as collected by a Driver within 5 minutes of the Booking Request being submitted by the Customer.
11.2 Once a Driver has accepted a Booking Request, the cancellation, variation, or refund of any Delivery Services ordered on this Platform may incur a fee as set out on the Platform.
11.3 Subject to clause 11.4, once you pick up the Product of a Confirmed Booking, the Confirmed Booking cannot be cancelled.
11.4 In the event the Booking Request made by a Customer is inaccurate and does not comply with any delivery restrictions, you may, in your sole discretion, cancel the Confirmed Booking.
11.5 This clause will survive the termination or expiry of these Terms.
12.1 You may review and rate your experience with Customers on the Platform whom you have engaged for the receipt or provision of Delivery Services (Review).
12.2 Reviews can be viewed by any Customer or Driver and will remain viewable until the relevant Account is removed or terminated.
12.3 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.
12.4 Where you have a negative experience performing the Delivery Services to a Customer, you may flag that Customer (as set out on the Platform). You will not receive a Booking Request from a Customer you have flagged.
12.5 You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) you have engaged the Customer through the Platform; or (2) you can otherwise document your interaction with the Customer in relation to the Platform, including via correspondence (collectively referred to as Your Experience).
12.6 You may not write a review about a Customer if you are an executive or employee of that Customer, or work for the Customer. Similarly, you may not write a Review about a direct competitor to the Customer that you are employed by or work for.
12.7 Your Experience must have occurred in the 12 months prior to you writing a Review.
12.8 You may only write about Your Experience. You are not permitted to write a Review about somebody else’s experience with a Customer, such as that of a family member or friend.
12.9 You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Customer to write a Review, you should include information about this in your Review. Incentives include the Customer offering you a gift, reward, discount or advantage for writing a Review about the Customer on the Platform.
12.10 This clause will survive the termination or expiry of these Terms.
13.1 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.
13.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
13.3 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.
13.4 You must not, without our prior written consent:
13.5 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:
13.6 This clause will survive the termination or expiry of these Terms.
14.1 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.
14.2 You may elect for us not to use Your Data in accordance with clause 14.1 by opting out on the Platform.
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 As a Driver, if you repeatedly receive reviews below 3 stars, you agree that we may immediately terminate these Terms on written notice to you.
18.5 We may terminate these Terms immediately if:
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.
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.