1. ABOUT GO PEOPLE
1.1 Go People is a web and mobile application-based platform, which can be found on the website via http://www.gopeople.com.au/ and can be downloaded onto certain compatible mobile phone (the “Application”) that:
- connects individuals or organisations who require courier services (the “Senders”) with individuals or organisations who wish to offer their courier service (the “Runners”). Subject to the applicable terms and conditions, the Runners can provide the Senders with the following types of courier services:
- courier services for Sender(s) to deliver a single or grouped order (the “On-Demand Jobs Runner Service”); and
- courier services for Sender(s) to deliver multiple orders during a shift (the “Shift Runner Service”).
(collectively referred to as the “Services”).
1.2 The Application is operated by Go People Pty Ltd (ACN 169 132 405) (“Go People”). Access to and use of the Application, or any of its associated products or services, is provided by Go People. Please read these General Terms and Conditions (the “General Terms”) carefully. By using the Services or by clicking to accept or agree to the General Terms and Additional Terms (as applicable), this signifies that you have read, understood and agree to be bound by the General Terms and Additional Terms (as applicable). If you do not agree with the General Terms and Additional Terms (as applicable), you must cease usage of the Application immediately.
1.3 In addition, certain areas of the Application (and your access to or use of certain aspects of the Application) may have additional terms and conditions posted or may require you to agree with and accept additional terms and conditions (each, “Additional Terms”). Where the Additional Terms state that the General Terms will be incorporated into the Additional Terms, the General Terms apply to the extent that they are not inconsistent with any of the Additional Terms. The Additional Terms shall prevail over the General Terms in the event of a conflict. The Additional Terms constitutes separate and distinct terms from any other Additional Terms.
1.4 Go People reserves the right to review and change any of the General Terms and any Additional Terms by updating their respective pages. When Go People updates the General Terms and any Additional Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the General Terms and any Additional Terms shall take immediate effect from the date of their publication. Your access and use of the Application and/or Services after Go People makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Application and Services immediately.
2. ACCOUNT REGISTRATION
2.1 In order to access the Application, you will need to register for an account on the Application (an “Account”). If you do, you are required to provide Go People with:
- your personal information such as your name, mobile number, email address, location;
- a user name;
- a password;
- a confirmation on whether or not you are registered for GST and if you are not registered for GST the GST will be withheld by Go People;
- an Australian Business Number (“ABN”) or Australian Company Number (“ACN”);
- the type or model of the vehicles you will use to deliver the goods; and
- a valid driver’s licence.
2.2 You represent warrant that any personal and/or registration information (including your driver’s licence details and vehicle details) you provide to Go People will always be accurate, correct and up to date. Should there be any changes to your personal and/or registration information (such as the status of your driver’s licence or your vehicle details), you must notify Go People of the changes as soon as practicable.
2.3 You understand that by supplying Go People with your personal information such as email address and phone number, you may receive regular emails, telephone calls, SMS updates or in-app notifications from Go People in order to keep you updated on the job availability, to keep you informed about invoices or other matters regarding the Application and/or Services.
2.4 You may not register for an Account and may not use the Application and Services if:
- you are not of legal age to form a binding contract with Go People; or
- you are a person barred from using the Application and/or Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Application and/or Services.
2.5 By registering for an Account or using the Application and/or Services, you represent and warrant to Go People that:
- you have reached the legal age in your jurisdiction;
- you have the right, authority and capacity to agree to and abide by the General Terms and any Additional Terms;
- if you are registering with Go People or using the Application and/or Services on behalf of a business, that business is taken to have accepted the General Terms and any Additional Terms and you are taken to have been duly authorised to bind the business; and
- you will use the Application and Services in a manner consistent with any and all applicable laws, regulations and all other Go People policies.
3. YOUR OBLIGATIONS
3.1 You acknowledge that, in using the Application, you are not employed by Go People in any capacity and, accordingly, you do not have any rights as an employee of Go People. In offering your services as a Runner, you must:
- comply with all laws and regulations which apply to your provision of the Services. This includes, but is not limited to:
- the Consumer Guarantees with respect to services, that being that your Services will be offered and completed with due care and skill; it will be fit for a particular purpose; and that your Services will be supplied within a reasonable period of time if no time is set; and
- you not misleading or deceiving the Senders regarding your experience, ability and skills to provide the Services, any facet of the Services such as the length, scope, longevity, nature, quality or any other matters;
- comply with any licencing or permit requirements should you require a licence or permit to provide the Services;
- obtain professional indemnity insurance if you are engaging in conduct which require professional indemnity insurance;
- comply with all applicable workplace and industrial relations laws to which you may be subject which includes obtaining your own workers compensation insurance in compliance with the Work Health and Safety Act 2011;
- provide Go People with a copy of your professional liability insurance policy within seven (7) days upon request by Go People; and
- provide Go People with evidence of your permit or licence number (if required by law) within seven (7) days upon request by Go People.
3.2 As a user of the Application and Services, you agree to comply with the following:
- you will only use the Application and Services for purposes that are permitted by:
- the General Terms and any Additional Terms (as applicable); and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you will not share your Account with any other person and you acknowledge that you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer to safeguard such confidentiality and prevent any misuse of your Account;
- you will notify Go People immediately following any unauthorised use of your Account or any other breach of security;
- you will not use the Application and Services for any illegal and/or unauthorised use, including, but not limited to, collecting email addresses of other users by electronic or other means for the purpose of sending unsolicited communication or unauthorised framing of or linking to the Application;
- you will not use the Application and Services in connection with any commercial endeavours except those that are specifically endorsed or approved by the General Terms and any Additional Terms (as applicable);
- you must not expressly or impliedly impersonate another Runner or use the profile or password of another Runner at any time;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of the Services. Appropriate legal action may be taken by Go People for any illegal or unauthorised use of the Application;
- you will not broadcast, publish, transmit, post or upload content to the Application which is false, misleading; contains sexually explicit material, references or innuendos; contains disparaging comments or statements that might bring Go People into disrepute; or contains any other unlawful, defamatory, threatening, harassing, discriminatory, abusive or libellous materials;
- you will not harass, impersonate, stalk, threaten, or use inappropriate or offensive language and/or behaviour towards the Senders, recipients, our employees, agents, servants, contractors and/or other users of the Application and/or Services;
- access and use of the Application and/or Services is limited, non-transferable and allows for the sole use of the Application and/or Services by you for the purposes specified in the General Terms any Additional Terms (as applicable); and
- you agree that any automated use of the Application are prohibited.
3.3 Go People will use commercially reasonable endeavours to moderate your conduct and content in your use of the Application and your provision of the Services. If Go People reasonably determines that you breach any of the obligations mentioned herein, Go People may, depending on the severity of the conduct, do any one or a combination of any of the following:
- remove content that is misleading/deceptive or that is in breach of the General Terms and Additional Terms (as applicable);
- provide a warning to you;
- suspend your Account;
- terminate your Account; and/or
- in serious cases or where obliged by the law to do so, report your conduct to the relevant authorities.
4. INFORMATION VERIFICATION
4.1 You acknowledge and agree that in light of the nature of the Services, Go People may be required to verify your identity, the vehicle registration details (if you use a vehicle as a Runner), your ownership of the vehicle and/or any other information that Go People reasonably believes would increase the level of risk associated with your provision of the Services. Accordingly, you consent and authorise Go People to obtain such information for the purpose of assessing your risk.
4.2 You warrant that where Go People advises you in writing that they require further verification of the information that Go People reasonably believes would increase the level of risk associated with your use of the Services, then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of same.
4.3 You warrant that any information that you provide pursuant to this clause will be true and correct to the best of your knowledge and belief. Failure to comply with this clause will warrant an immediate termination of your Account.
5. TYPES OF GOODS
5.1 Restricted Goods
- The Application and Services must not be used to transport any illegal, prohibited, stolen, explosive, inflammable, or otherwise dangerous or hazardous goods and live animals (the “Restricted Goods”).
- If you are unsure whether the goods you are carrying are considered Restricted Goods, you should contact Go People on 1300 416 722.
- In the event that you become aware that a Sender is attempting to transport any Restricted Goods, then:
- you must cease providing your Services to the Sender immediately;
- you must notify Go People immediately that the Sender is attempting to send Restricted Goods and provide Go People with evidence why you believe that this is the case;
- you must promptly follow Go People and the Sender’s reasonable and lawful directions in dealing with the Restricted Goods. You must not deal with the Restricted Goods in any other manner without express written permission from Go People and the Sender; and
- when directed by Go People and the Sender, provided that their directions are lawful, you may be required to return the Restricted Goods to the Sender, or rendering safe, destroying the goods or delivering the goods to the police, defence or emergency services.
5.2 Perishable Goods
- Where the goods to be delivered are perishable but are undelivered for any reason whatsoever, then you may be required to hold onto the perishable goods, but for no longer than 2 Business Days.
- If Go People and/or the Sender direct you to dispose the perishable goods, you must promptly follow the direction and dispose the perishable goods appropriately.
- If you do not wish to deliver alcohol and/or tobacco goods, you must specify it in your profile or notify Go People in writing.
- Where the goods to be delivered consists of or contains alcohol and/or tobacco:
- you must not, in any circumstances whatsoever, deliver or hand over the goods to any person under 18; and
- if the recipient appears to be under 25, you must request for identification. If the recipient has no proof of identification, you must not deliver or hand over the goods to them.
6. DELIVERY ISSUES
6.1 To minimise and to prevent any damage to the delivery goods, you must handle and transport the goods in accordance with the delivery instructions given by the Senders (if any) and the industry standard.
6.2 To minimise and to prevent the loss of the delivery goods, you must:
- if the delivery goods are handed over to the intended Recipient as specified by the Sender, then obtain the signature of the Recipient;
- if the delivery goods are handed over to third party who are authorised to hold onto or accept the goods on behalf of the intended Recipients (such as receptionists or building managers), then at the bare minimum:
- obtain the full name of the person accepting the delivery goods and ask for signature; and
- if the Sender authorise you to leave the goods unattended at a specified location, then at the bare minimum:
- leave the goods at the nominated location in a manner as directed by Senders; and
- take a picture of the location where the goods are placed.
6.3 As part of the provision of the Services, the Senders and the recipients are given the opportunity to use the Application to track the location and the delivery of the goods. Accordingly, you must turn on your GPS location service on your mobile phone at all times during the delivery to enable the Senders to view the location of the goods while they are being delivered. By turning on the GPS location service on your mobile phone, you authorise Go People the Senders and/or the Recipients to view your GPS location for the purpose of tracking the delivery goods and any related matters.
6.4 To ensure timely and efficient delivery process, you must ensure that the destination address is entered correctly into any navigation system that you may be using in locating the destination.
6.5 If you encounter any issues during the delivery, you must promptly contact Go People, the Sender and/or the Recipient (as appropriate) for further instructions and assistance. You must not use the contact details of the Senders and the Recipients for any other purposes other than to ensure the goods are delivered timely to the Recipients.
6.6 You must not leave the goods unattended unless otherwise specified by the Senders and/or the Recipients, provided that the goods do not contain or consist of alcohol and/or tobacco. If the goods contain or consist of alcohol and/or tobacco, you must not leave the goods unattended as a person under 18 may have access to the goods.
6.7 Each delivery request by the Senders will prescribe a timeframe for pick-up and delivery of the goods. You must use reasonable endeavours to pick-up and deliver the goods within the first one half of the time frame.
6.8 In providing the Services to the Senders, you must understand that you have an obligation under the Australian Consumer Law, among others, to provide consumer guarantees to the Senders. Accordingly, you are to ensure that your Services are:
- provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
- fit for the purpose or give the results that you and Senders had agreed to; and
- delivered within a reasonable time when there is no agreed end date.
6.9 In the event you are unable to complete one or more delivery jobs for any reason whatsoever (such as break down of your vehicle):
- in the case of On-Demand Service, you will be paid for the delivery jobs that you have completed (provided that there is no dispute with the jobs) less an administrative fee of $30 for having to source an alternative Runner at short notice. You will not be paid for the delivery jobs that you have not completed; and
- in the case of Shift Runner Service, the EWT (as defined in the Additional Terms for the Roaming Runner and Dedicated Runner Service) will be calculated based on the jobs you have completed (provided that there is no dispute with the jobs). The amount you will be paid will be the EWT multiplied by the hourly rate less an administrative fee of $30 for having to source an alternative Runner at short notice. You will not be paid for the delivery jobs that you have not completed.
7. REVIEW AND RATING
7.1 As part of the Services, the Application provides the Senders with the opportunity to review and rate the Runners whom they have engaged previously in order to assist other Senders to assess whether they want to engage a particular Runner and to assist Go People in determining which Runners to assign to the Senders. The reviews and ratings will be listed on the respective Runner profile for view by Senders and recipients of goods.
7.2 The Senders may rate the Runners on a three-point scale: Good, Neutral or Bad. The rating for a Runner will then be calculated as an aggregate of all ratings provided by the Senders (the “Review and Rating System”).
7.3 Go People will use commercially reasonable endeavours to moderate the content of and to manage any dispute regarding the Review and Rating System in accordance with the Moderation Policy which can be found at moderation policy. However, Go People does not assume any responsibility or liability of any kind for any content or any use or reliance of such content in the Review and Rating System.
8.1 Where a Sender (which includes his/her/its employees, agents, representatives, related entities or associated entity as defined in the Corporations Act 2001) contacts you for the engagement of further delivery services outside the Go People Application, you must during the period of 12 months after first being introduced to the Sender by Go People, direct the Sender to engage you via the Application.
8.2 In the event that you are engaged by a Sender outside the Application, you acknowledge and agree that you are liable to Go People for the equivalent of 25% (less GST and disbursements) of all services rendered by you to the Sender during the abovementioned period of 12 months (the “Introduction Fee”). This means that you must use the Go People Application as your exclusive method to perform the Services for a Sender unless Go People agrees otherwise (in writing) and you pay Go People the Introduction Fee.
8.4 You acknowledge and agree that this clause 8 is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect Go People’s business interests as it has expended significant resources in advertising, marketing and staffing to make its Application and Services possible.
9. APPLICATION CONTENT
9.1 User Content
- In this clause, “User Content” means any and all information and content that a user or visitor of the Application submits to or uploads to the Application.
- Go People does not claim ownership of the User Content. Go People makes no guarantees about the User Content and Go People does not endorse or accept any responsibility for the User Content.
- You are solely responsible for your User Content and you assume all risks associated with the use of the User Content, including any reliance on its accuracy or completeness.
- You represent and warrant that your User Content does not violate any third party licenses.
- By posting a content to the Application, you expressly grant to Go People and its successors an irrevocable, non-exclusive, transferable, sub-licensable, perpetual, royalty-free, worldwide license to broadcast, republish, upload to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit the User Content.
9.2 Third Party Website
- The Application may be linked with third party websites (each a “Third Party Website”).
- Go People is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Go People makes no guarantees about the content or quality of the products or services provided by such sites.
10. COPYRIGHT AND INTELLECTUAL PROPERTY
10.1 The Application, the Services and all of the related products of Go People are subject to copyright, trademark and/or other proprietary rights. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, software, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Go People or its contributors.
10.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Go People, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user to:
- download the Application to a mobile device via a web browser and/or app store;
- use the Application and Services pursuant to the General Terms any Additional Terms (as applicable);
- copy and store the Application and the material contained in the Application in your phone’s cache memory; and
- print pages from the Application for your own personal and non-commercial use.
Go People does not grant you any other rights whatsoever in relation to the Application or the material on the Application. All other rights are expressly reserved by Go People.
10.3 Go People retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright,
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
10.4 You may not, without the prior written permission of Go People and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
11. GENERAL DISCLAIMER
11.1 Nothing in the General Terms and/or any Additional Terms (as applicable) limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2 Subject to this clause 11, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the General Terms any Additional Terms (as applicable) are excluded; and
- Go People will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3 Use of the Application, the Services, and any of the products of Go People, is at your own risk. Everything on the Application, the Services, and the products of Go People, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Go People make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Go People) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the Service, or any of its Content related products (including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the Services or any of the products of Go People;
- the Content or operation in respect to links which are provided for your convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12. LIMITATION OF LIABILITY
12.1 Subject to clause 12.6, Go People’s total liability arising out of or in connection with the Services, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent commission fee received by Go People for the delivery job regarding the most recent delivery job or where Go People has not received commission fee, then the total liability of Go People is the Commission Fee that Go People ought to have received.
12.2 Subject to clause 12.6, Go People, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3 Subject to clause 12.6, Go People is not responsible or liable in any manner for any claim arising out of your incorrect, improper or unlawful use of the Application and Services, including but not limited to any use that does not comply with the General Terms any Additional Terms (as applicable), or any use that is not expected or not reasonable.
12.4 Go People does not control and is not responsible for the behaviours and actions of its users, their comments, posts or information that they upload. Whilst Go People will use commercially reasonable endeavours to moderate the content on the Application, Go People is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Application or in connection with any of the Services.
12.5 Nothing in the General Terms and any Additional Terms (as applicable) shall constitute an express or implied warranty by Go People that the Services will be uninterrupted or error free. Furthermore, Go People and its directors, officers, employees, agents, contractors and their respective personnel (“Personnel”) are not liable for any failure, delay, interruption, corruption, errors or faults which are a consequence of any governmental body, war, insurrection, sabotage, embargo, breakdown, civil disturbance, crime, lockout, riot, theft, tempest, war, earthquake, fire, flood, strike or labour disturbance, interruption or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or hardware or any other matter beyond Go People’s control (the “Force Majeure Event”), provided that Go People and its Personnel takes all steps reasonably necessary to mitigate the effect of the Force Majeure Event and to recommence performance of the affected obligations.
12.6 Notwithstanding anything else to the contrary in the General Terms and any Additional Terms (as applicable), Go People does not exclude or limit liability to you in the following circumstances:
- any fraudulent or unlawful act or omission of Go People;
- any damage to or loss or destruction of real or personal property caused or contributed to by any negligent act or omission of Go People;
- any death or personal injury caused or contributed to by any act or omission of Go People; and
- any matter for which it would be unlawful for Go People to exclude or limit liability.
12.9 Go People does not represent itself as a courier service provider nor is this implied. Go People does not provide or intend to provide any courier services. Your relationship with Go People is limited to being a user of the Application, and not an employee, independent contractor, agent, joint venturer, or partner of Go People. You must not do anything to create any false impression that you have such relationship with Go People as Go People is only a facilitator and the Senders are engaging you directly via the Application.
13.1 You agree to indemnify Go People and its Personnel from and against from and against any and all actions, suits, claims, demands, liabilities, losses, damages, settlements, costs and expenses (legal fees on a full indemnity basis) (the “Loss”) which arise out of or in connection with:
- any misuse of the Application and/or Services by you or your Personnel, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
- any death or personal injury caused or contributed to by any act or omission by you or your Personnel;
- any damage to or loss or destruction of real or personal property caused or contributed to by you or your Personnel;
- your breach of the General Terms and any Additional Terms (as applicable); or
- the use of any intellectual property created in respect of the Services not contemplated by the General Terms and any Additional Terms (as applicable) or as a consequence of a breach of the General Terms and any Additional Terms (as applicable); or
- any claim whatsoever and howsoever arising out of or in relation to the law or any determination including a claim for wages, salary, bonuses, leave, accrued leave, allowances, superannuation payments, expenses, ladings and any loss, damage or liability arising out of or in relation to a claim alleging breach of contract, breach of equitable duty, breach of statutory duty, negligence or unfair contract.
except to the extent that the Loss is directly attributable to the negligence or wrongful act or omission of Go People.
14. DISPUTE RESOLUTION
14.1 If a dispute arises out of or in connection with the General Terms and any Additional Terms (as applicable) (the “Dispute”), then you agree to comply with the following:
- no party may not commence any Tribunal or Court proceedings in relation to the Dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought);
- where the Dispute arises between the Sender and the Runner, then you authorise Go People to act as an intermediary for the purpose of determining, among others, if Go People should provide a refund to the Sender or if Go People should suspend your Account;
- the party claiming that a Dispute has arisen must give written notice to Go People within 72 hours from the completion of the delivery or if a delivery is not completed, from the expected completion time. In the written notice, you must detail the nature of the dispute, the desired outcome and the action required to settle the Dispute (“Notice”);
- on receipt of the Notice by Go People, Go People will attempt to provide a resolution within 14 business days of the Notice;
- during this 14-days period, all relevant parties to the Dispute must endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- in the interest of resolving the Dispute expeditiously, you agree that you will promptly respond to any correspondence and/or requests by Go People and in any event no later than 48 hours;
- if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, all relevant parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
- the mediation will be held in Sydney, Australia;
- subject to clause 14.1(i), the relevant parties to the Dispute are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
- if the Dispute does not arise out of or in connection with negligence or wrongful act or omission of Go People, Go People shall not be liable for the fees and expenses of a mediator;
- all communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence;
- if thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so; and
- in the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
14.2 Where the Dispute arises out of or in connection with the delivery job, delivery goods or any other matter where the Runner may be held financially liable, Go People may, in its discretion, which shall not be exercised unreasonably:
- freeze and suspend the Runner’s account;
- withhold the security bond that the Runner has deposited with Go People, if there is no security bond, Go People will withhold a minimum of $100.00/per Dispute from the Runner’s account (the “Withheld Amount”); and
- not release the Withheld Amount until the Dispute is resolved in accordance with this clause or there is a court order requesting the Withheld Amount to be released.
15.1 The General Terms and any Additional Terms (as applicable) will continue to apply until terminated by either you or by Go People as set out below.
15.2 You may, at any time, terminate the General Terms and any Additional Terms (as applicable) by:
- notifying Go People by giving two (2) weeks’ notice of your intention to terminate the General Terms and any Additional Terms (as applicable) with Go People; and
- closing your Account for all of the Services which you use, where Go People has made this option available to you. Your notice should be sent, in writing, to Go People.
15.3 Go People may, at any time, terminate the General Terms and any Additional Terms (as applicable) with you if:
- you have breached any provision of the General Terms and Additional Terms (as applicable) or intend to breach any provision;
- Go People is required to do so by law;
- the partner with whom Go People offered the Services to you has terminated its relationship with Go People or ceased to offer the Services to you;
- Go People is transitioning to no longer providing the Services in the country in which you are resident or from which you use the service;
- the provision of the Services to you by Go People is, in the opinion of Go People, no longer commercially viable;
- you disparage Go People or bring Go People into disrepute; or
- your Account has been inactive for a period of twenty-four (24) months.
15.4 Subject to local applicable laws, Go People reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application and/or the Services without notice if you breach any provision of the General Terms and any Additional Terms (as applicable) or any applicable law or if your conduct impacts Go People’s name or reputation or violates the rights of those of another party. Go People will not exercise such discretion unreasonably.
15.5 When the General Terms any Additional Terms (as applicable) come to an end, all of the legal rights, obligations and liabilities that you and Go People have benefited from, been subject to (or which have accrued over time whilst the General Terms any Additional Terms (as applicable) have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16. VENUE AND JURISDICTION
16.1 The Services offered by Go People are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application and/or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. GOVERNING LAW
17.1 The General Terms and any Additional Terms (as applicable) are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating the Application and/or Services and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This clause shall be binding to the benefit of the parties hereto and their successors and assigns.
18.1 The General Terms and any Additional Terms (as applicable) will be enforced to the fullest extent permitted by applicable law. If any part of the General Terms and any Additional Terms (as applicable) is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the General Terms and any Additional Terms (as applicable) shall remain in force.
19.1 A waiver of any right, power or remedy under the General Terms and any Additional Terms (as applicable) must be in writing signed by the party granting it.
19.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
19.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under the General Terms and any Additional Terms (as applicable) does not amount to a waiver.
21.1 Go People may not assign or transfer its rights or obligations under the General Terms and any Additional Terms (as applicable) without your prior written consent. Such consent not to be unreasonably withheld or delayed. Notwithstanding same, Go People may assign or transfer its rights or obligations under the General Terms and any Additional Terms (as applicable), without your consent, to:
- a third party that acquires all or a substantial amount of the assets of Go People; or
- any Go People’s Affiliates. In this clause, the term “Affiliates” means any person or entity that controls, is controlled by, or is under common control of such person.
21.2 You may not assign or transfer your rights or obligations under the General Terms and any Additional Terms (as applicable) without prior written consent of Go People. Such consent not to be unreasonably withheld or delayed.
21.3 A purported assignment without written consent will be deemed to be void and convey no rights.
20. CONTACT INFORMATION
20.1 Go People may be contacted by email at firstname.lastname@example.org.