Terms & Conditions

These terms and conditions (Terms) are entered into between Clique Enterprises Pty Ltd ABN 77 656 452 041 (we, us or our) and you, together the Parties and each a Party.

We provide a platform (Platform) where delivery drivers (Drivers) and users who have ordered a click and collect orders (Users) can connect and transact to have the User’s click and collect order picked up and delivered by a Driver.

In these Terms, you means (as applicable) the person or entity registered with us as either a User or Driver or the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

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.

You must be at least 18 years old to use the Platform.

We may amend these Terms at any time, by providing written notice to you. 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 “Termination” clause.

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.

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.

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.

When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

2. using the Platform to defame, harass, threaten, menace or offend any person;

3. using the Platform for unlawful purposes;

4. interfering with any user of the Platform;

5. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

6. using the Platform to send unsolicited electronic messages;

7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

8. facilitating or assisting a third party to do any of the above acts.

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 as a Driver and as a User.

You must provide basic information when registering for an Account including your contact name and email address and you must choose a password. As a Driver, you must also provide photos of your current driver’s licence and information about the vehicle you are using to provide delivery services.

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

All personal information you provide to us will be treated in accordance with our Privacy Policy.

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.

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.

If you are a Driver, we will review your request for an Account before approving the request. We may request additional information, including further proof of age, proof of valid insurance being held by you, proof of registration with Roads and Maritime Services or access to an appropriate vehicle. 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.

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.

We then allocate the Booking Request to the most appropriate Driver as per our discretion.

Users may choose to upgrade their Booking Request to a premium booking request before submitting their request (Premium Booking Request). If a User submits a Premium Booking Request and has marked a Driver as a favourite on their Account (Favourite Driver) the Booking Request will be allocated to the Favourite Driver first. If the Favourite Driver is unavailable, the Premium Booking Request will be allocated to the next Driver who has qualified as a premium driver by fulfilling criteria as set out on the Platform (Premium Driver).

If the Driver accepts the allocated Booking Request through the Platform, it becomes a Confirmed Booking.

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.

Risk in the Products will pass to the Driver when the Driver picks up the Products. Risk in the Products will pass to the User when the Driver has delivered the Products to the Delivery Location.

If the User is 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 the relevant User once the photo has been uploaded. The User can then also confirm delivery of the Products on the Platform.

1. As a User, we may from time-to-time issue to you promotional discount codes for use on the Platform.

2. As a User, we may from time-to-time issue to you promotional discount codes for use on the Platform.

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

2. Users and Drivers can communicate privately using:
   

   • our private messaging service once a Booking has been made; and

   • their telephone numbers which are privately displayed on the Platform between the Driver and the User once the Driver accepts a Booking Request and whilst the delivery services are being performed.
     

   • Users will receive notifications on the Platform updating them on the status of their Booking Request.

   • Users 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.
     

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.

It is free for Users to make Booking Requests.

As a Driver, when you create an Account and accept a Booking Request, you agree that:

1. all Delivery Fees are payable via the Platform and you appoint us as your limited payment collection agent solely for the purpose of accepting the Delivery Fee from the relevant User for the delivery services provided by you;

2. the Delivery Fee is the total fee the User pays for delivery services as determined by us. If you are a Premium Driver, the Delivery Fee will include the fees for your travel to the location to pick up the items to be delivered.
   

3. in consideration for us providing the Platform to you, we will charge you (a Driver) a service fee for each delivery service provided by you as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, excludes the payment processing fee and will be included in the Fee;
   

4. before any payment to you (the Driver) of the Delivery Fee, we will deduct from the Delivery Fee any fees and charges payable to us under these Terms including our Service Fee;
   

5. the costs associated with you (the Driver) performing the delivery services are the sole responsibility of you (the Driver). Without limitation, you (the Driver) are responsible for payment of all tolls and like charges for the Trip route; and
   

6. we will not be required to pay you (the Driver) any amount until we have received the Delivery Fee from the relevant User or if we are required to grant a refund to the Users in accordance with these Terms or otherwise by law.
   

As a User, when you make a Booking Request, you agree that:

• all Delivery Fees for delivery services are payable via the Platform;  

• your payment method in your User account will be debited the Delivery Fee and the payment processed at the time you accept the Booking Request (for the avoidance of doubt, this is before the Booking becomes a Completed Booking). You authorise us to use Stripe to hold the Delivery Fee until the Confirmed Booking has been completed and the Products delivered to the Delivery Location. Subject to our cancellation policy in clause 9 of these Terms, payment of the Fee is non-refundable.
  

• Upon receipt of the Delivery Fee from the User, we will hold the Delivery Fee on behalf of the Driver until such time as it is paid to the Driver in accordance with these Terms, refunded to the User (if the User is entitled to a refund in accordance with clause 9 of these Terms) or paid to us as our Service Fee.  

• Upon a completion of the delivery services of a Confirmed Booking, we will pay the Delivery Fee to the Driver 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 a Driver any amount until we have received the Fee from the relevant User or if we are required to grant a refund to the User for cancelled services under clause 9 or otherwise by law.
  

• 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.
  

• A User may cancel the delivery services and receive a refund of the Booking Fee if the relevant Booking Request has not been accepted by a Driver within 5 minutes of the Booking Request being submitted by the User.

• Once a Driver has accepted a Booking Request, the cancellation, variation, or refund of any delivery services ordered on this Platform is a matter between the relevant User and Driver, subject to the following clauses.
  

• If: (1) User and Driver mutually agree to cancel a Confirmed Booking; or (2) following reasonable attempts by a User to contact a Driver for the Driver to fulfil the Confirmed Booking, the Confirmed Booking is cancelled; and (3) we are satisfied that the Delivery Fees should be returned to the User, we will return the Delivery Fees to the User, provided that the Delivery Fees have not yet been paid to the Driver. The Service Fee for the refunded Confirmed Booking shall be a debt due and payable by the Driver to us, and we may deduct this Service Fee from any future Delivery Fees payable to the Driver.
  

• For disputes between Users and Drivers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
  

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

• If we choose to conduct identity verification or background checks on any User or Driver, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or Driver or guarantee that a User 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.

• You may review your experience with Users or Drivers on the Platform whom you have engaged for the receipt or provision of delivery services (Review).

• Reviews can be viewed by any User or Driver and will remain viewable until the relevant 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 User or Driver if you have had an experience with that Driver, which means that (1) you have engaged the User or Driver through the Platform; or (2) you can otherwise document your interaction with the User or Driver in relation to the Platform, including via correspondence (collectively referred to as Your Experience).

• You may not write a review about a User or Driver if you are an executive or employee of that User or Driver, or work for the User or Driver. Similarly, you may not write a Review about a direct competitor to the User or Driver that you are employed by or work for.

• Your Experience must have occurred in the 12 months prior to you writing a Review.

• You may only write about Your Experience. You are not permitted to write a Review about somebody else’s experience with a User or Driver, such as that of a family member or friend.

• You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User or Driver to write a Review, you should include information about this in your Review. Incentives include the User or Driver offering you a gift, reward, discount or advantage for writing a Review about the User or Driver on the Platform.

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

• • 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.

  • We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
    

  • You must not, without our prior written consent:
    

    • copy, in whole or in part, any of Our Intellectual Property;

    • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

    • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
      

• 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:
  

  • you do not assert that you are the owner of Our Intellectual Property;
    

  • unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

  • you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

  • you comply with all other terms of these Terms.
    

• A User may cancel the delivery services and receive a refund of the Booking Fee if the relevant Booking Request has not been accepted by a Driver within 5 minutes of the Booking Request being submitted by the User.

• Once a Driver has accepted a Booking Request, the cancellation, variation, or refund of any delivery services ordered on this Platform is a matter between the relevant User and Driver, subject to the following clauses.
  

• If: (1) User and Driver mutually agree to cancel a Confirmed Booking; or (2) following reasonable attempts by a User to contact a Driver for the Driver to fulfil the Confirmed Booking, the Confirmed Booking is cancelled; and (3) we are satisfied that the Delivery Fees should be returned to the User, we will return the Delivery Fees to the User, provided that the Delivery Fees have not yet been paid to the Driver. The Service Fee for the refunded Confirmed Booking shall be a debt due and payable by the Driver to us, and we may deduct this Service Fee from any future Delivery Fees payable to the Driver.
  

• For disputes between Users and Drivers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
  

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

• If we choose to conduct identity verification or background checks on any User or Driver, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or Driver or guarantee that a User 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.

• You may review your experience with Users or Drivers on the Platform whom you have engaged for the receipt or provision of delivery services (Review).

• Reviews can be viewed by any User or Driver and will remain viewable until the relevant 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 User or Driver if you have had an experience with that Driver, which means that (1) you have engaged the User or Driver through the Platform; or (2) you can otherwise document your interaction with the User or Driver in relation to the Platform, including via correspondence (collectively referred to as Your Experience).

• You may not write a review about a User or Driver if you are an executive or employee of that User or Driver, or work for the User or Driver. Similarly, you may not write a Review about a direct competitor to the User or Driver that you are employed by or work for.

• Your Experience must have occurred in the 12 months prior to you writing a Review.

• You may only write about Your Experience. You are not permitted to write a Review about somebody else’s experience with a User or Driver, such as that of a family member or friend.

• You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User or Driver to write a Review, you should include information about this in your Review. Incentives include the User or Driver offering you a gift, reward, discount or advantage for writing a Review about the User or Driver on the Platform.

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

• • 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.

  • We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
    

  • You must not, without our prior written consent:
    

• copy, in whole or in part, any of Our Intellectual Property;

• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

• breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
  

• 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:
  

  • you do not assert that you are the owner of Our Intellectual Property;
    

  • unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

  • you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

  • you comply with all other terms of these Terms.
    

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

• To the maximum extent permitted by law:  
  

  • neither Party will be liable for Consequential Loss;

  • each Party’s 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 the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and

  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the iDlvr Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the iDlvr Services to which the Liability relates.  
    

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

• 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).
  

• These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
  

  • the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

  • the Defaulting Party is unable to pay its debts as they fall due.
    

• the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  

• the Defaulting Party is unable to pay its debts as they fall due.
  

  • As a Driver, if you repeatedly receive reviews below 3 stars, then this will be considered a breach of a material term for the purpose of the above clause.
    

  • we will immediately cease providing the iDlvr Services;
    

  • you agree that other than where termination is due to our Termination for Convenience and to the maximum extent permitted by law, any payments made by you to us (including any Service Fees) are not refundable to you;
    

  • where you are a User, we will cancel any existing Confirmed Bookings and you will lose any Delivery 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 Confirmed Bookings and refund the relevant Users in accordance with the Refunds and Cancellation Policy clause; and
    

  • where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).
    

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.

• As a Driver, we may request that you provide evidence of any licence or insurance you are required to hold by law. Where we do so, we are not confirming that the licence or insurance you have is sufficient or suitable for the services you choose to provide to Buyers. If we do not ask you to provide evidence of licence or insurance this does not indicate that we believe 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 not warranty to you or Buyers in this respect.

• 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.

• 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).

• 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.

• 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 User, or by a Driver.

• 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 User 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.

• 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.

• 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.

• 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.  

• 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.

• 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.

• 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.

• Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship 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.

• 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.

• 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.
  

• Delivery Location means the location for delivery particularised in a Confirmed Booking.
  

• 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.
  

• 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.
  

• Products means the products to be delivered as particularised in a Confirmed Booking.
  

• Trip means a vehicle journey made by a Driver who is providing delivery services.