1. ABOUT GO PEOPLE
1.1 Go People is a web and mobile application-based platform, which can be found on the website via https://www.gopeople.com.au/ and can be downloaded onto certain compatible mobile phone devices (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 features is provided by Go People. Please read these General Terms and Conditions (the “General Terms”) carefully. The General Terms and Conditions may change from time to time. By using the Application 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 and as amended from time to time (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, the different features of the Application (and your access to or use of certain aspects of the Application) may have additional terms and conditions posted and may require you to agree with and accept additional terms and conditions (each, “Additional Terms”). The Additional Terms may change from time to time. 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 its features 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 its features 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 contact details such as your name, mobile number, email address, location;
- a user name;
- a password;
- an Australian Business Number (“ABN”)
- if you are a company, your 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 and warrant that any registration information (including drivers’ licence details and vehicle details) you provide to Go People is true, accurate and current and that you will notify Go People immediately of any changes to that information.
2.3 You understand that by supplying Go People with information such as an 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, including in relation to potential Runner engagements and to keep you informed about invoices or other matters regarding the Application and/or its features.
2.4 You may not register for an Account and may not use the Application and its features if:
- you are not of legal age to form a binding contract with Go People; or
- you are barred from using the Application and/or its features under the laws of Australia, laws of any Australian state or territory or other countries, including the country in which you are resident or from which you use the Application and/or its features.
2.5 By registering for an Account or using the Application and/or its features, you represent and warrant to Go People that:
- you have reached the legal age to form a binding contract with Go People 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 its features 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;
- you have all the necessary capabilities, personnel, equipment, skills and licences to provide the Services;
- you are registered for GST;
- you will use the Application and its features in a manner consistent with any and all applicable laws, regulations and all other Go People service standards;
- you and the personnel engaged by you are authorised to work in Australia and hold the relevant visas and permits to perform the Services; and
- you have not relied on any representations, warranty or any other statement made by or for Go People that is not expressly stated in the General Terms or the Additional Terms.
3.1 You acknowledge and agree that, in using the Application and by providing the Services:
- you and any personnel engaged by you are not employed by Go People in any capacity and, accordingly, you and your personnel do not have any rights as employees of Go People; and
- nothing in the General Terms or the Additional Terms, or otherwise, creates, or will be deemed to create, any partnership, the relationship of principal and agent (other than the arrangement set out in clause 10.1), or the relationship of employer and employee.
3.2 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, agent, joint venturer, or partner of Go People. You must not do anything to create any false impression that you have such a relationship with Go People as Go People is only a facilitator and the Senders are engaging you directly via the Application.
3.3 You acknowledge that this is not an exclusive agreement, and subject to clause 12, nothing in the General Terms or the Additional Terms prevents, or is to be taken to prevent, you from accepting engagements with any third parties or preventing Go People from allowing other Runners to use the Application.
4. PERFORMANCE OF SERVICES
4.1 If you accept an engagement to provide Services, you acknowledge that you are solely responsible for providing those Services and agree that those Services are to be performed:
- in accordance with all applicable laws and regulations which apply to your provision of the Services, including but not limited to Consumer Guarantees with respect to services, delivery of alcohol/tobacco, road rules and licencing or permit requirements;
- with due care, skill and diligence, and to a standard expected of a person both competent and experienced in providing services the same or similar to the Services;
- within a reasonable period of time, if no time for the performance of Services is suggested;
- in a proper, workmanlike, professional and ethical manner;
- honestly, faithfully, diligently and in a competent, courteous, respectful and professional manner;
- in accordance with these General Terms, Go People’s Runner Delivery Service Standards, any other service standards that may be issued by Go People, and the reasonable requests of Go People and or the Sender, including in relation to restricted goods, perishable goods, alcohol/tobacco and delivery instructions; and
- in a manner determined by you having regard to the above.
4.2 Go People may at any time contact you and suspend your access to the Application indefinitely if it reasonably believes that you or your personnel do not have the requisite licences or permits to perform the Services or have engaged in misconduct or are incompetent or negligent or are otherwise failing to deliver the Services in accordance with the General Terms.
4.3 You must advise Go People immediately, or as soon as reasonably practicable (if you cannot advise immediately), of any damage, injury, delay or expected delay in respect of performance of the Services.
4.4 You must immediately report to Go People:
- anything that may affect the delivery of Services adversely; and
- any complaints, disputes, or claims that you receive or become aware of as soon as possible after receiving these.
4.5 Go People may issue company service standards which set out the procedures for providing the Services from time to time, including in relation to restricted goods, perishable goods, alcohol/tobacco and or delivery instructions.
4.6 In respect of health and safety, you will:
- provide all reasonable assistance to Go People to ensure your health, safety and welfare;
- comply with all reasonable instructions relating to health and safety; and
- take reasonable care that your acts or omissions do not adversely affect the health and safety of other persons.
4.7 You must:
- provide Go People with evidence of your and your personnel’s permit or licence number (if required by law) within seven (7) days upon request by Go People;
- keep and maintain accurate and complete record relating to the Services, including but not limited to, hours logged, engagements completed, income received and GST for the purposes of complying with your obligations under any applicable law such as the Migration Act 1958 (Cth) (if applicable); and
- turn on your GPS location service on your mobile phone at all times during a 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.
5. YOUR OBLIGATIONS
5.1 As a user of the Application and its features, you agree to comply with the following:
- you will only use the Application and its features 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 its features 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 its features to mislead or deceive Senders in any way about the provision of Services by you;
- you will not use the Application and its features 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 its features;
- access and use of the Application and/or its features is limited, non-transferable and allows for the sole use of the Application and/or its features by you for the purposes specified in the General Terms any Additional Terms (as applicable);
- you will not:
- reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or part of the Application;
- gain or attempt to gain unauthorised access to the Application, computer systems or networks connected to Application, including through hacking, password mining or any other means; or
- you agree that any automated use of the Application (including through macros) are prohibited;
- you will not disparage Go People, Senders or any of their related bodies corporate or any of their respective officers, directors, shareholders or employees, or make any statement or publication, whether oral or in writing which does, or is likely to, bring them into disrepute or ridicule.
5.2 Go People may 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.
6.1 At all times, you must take out and maintain at your own cost, adequate and appropriate insurance, including:
- professional indemnity insurance, if you are performing Services which require professional indemnity insurance;
- workers compensation insurance in compliance with the Work Health and Safety Act 2011 (Cth) as amended from time to time; and
- any other insurance that may be required under statute or reasonably required by Go People, including but not limited to motor vehicle insurance and compulsory third party insurance.
6.2 You must pay all premiums for insurances and must bear the cost of any excesses and deductibles under those insurances.
6.3 You must produce certificates of currency for any of the insurance policies taken out by you within seven (7) days upon request by Go People.
7.1 You carry all risk associated with providing the Services.
8.1 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.
8.2 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.
8.3 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.
9. EQUIPMENT AND EXPENSES
9.1 You must provide and maintain, at your own expense, all equipment and tools necessary to perform the Services.
9.2 In respect of the vehicle which you use for the provision of Services, you must, at your own expense, regularly service the vehicle in accordance with manufacturer recommendations.
10.1 The Runner appoints Go People as its duly appointed agent for the purposes of:
- accepting orders from Senders on behalf of the Runner for the supply of Services; and
- invoicing and collecting payment from Senders for the supply of Services by the Runner (in the manner determined by Go People).
10.2 Subject to the resolution of any Dispute, Go People will remit all funds received from Senders under clause 10.1(b) within a reasonable period after receipt, usually within 48 hours.
10.3 The parties acknowledge that the provisions of clauses 10.1 and 10.2 detail an arrangement whereby Go People, as agent, will, on behalf of the Runner, as principal, make specified supplies of the Services to third parties (ie Senders) and, for the purposes of Subdivision 153-B to the A New Tax System (Goods and Services Tax) Act 1999 (Cth):
- Go People will be treated as making the supplies to Senders;
- the Runner will be treated as making corresponding supplies to Go People;
- Go People will issue to Senders, in Go People’s own name, all tax invoices and adjustment notes relating to those supplies; and
- the Runner will not issue to the Sender any tax invoices or adjustment notes relating to those supplies.
- the provisions of this clause 10.3 cease to have effect if one or both of the parties cease to be registered for GST purposes.
11. REVIEW AND RATING
11.1 1 Following the performance of Services by Runners, the Application provides the Senders with the opportunity to review and rate the Runners whom they have engaged 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.
11.2 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”). The Review and Rating System may affect the reputation of the Runner’s business and may impact prospective engagements of the Runner on the Application.
11.3 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.
12.1 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.
12.2 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 Application as your exclusive method to accept engagements to perform the Services for a Sender unless Go People agrees otherwise (in writing) and you pay Go People the Introduction Fee.
12.3 You acknowledge and agree that this clause 11 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 its features possible.
13. APPLICATION CONTENT
13.1 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 rights or 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.
- You agree that we may remove any User Consent we reasonably consider to be inappropriate or offensive or otherwise not in compliance with these General Terms or any Additional Terms without notice to you.
13.2 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.
14. COPYRIGHT AND INTELLECTUAL PROPERTY
14.1 The Application and all of the related products and features 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.
14.2 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;
- b. use the Application and its features 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.
14.3 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, trademark, 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),
14.4 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.
15. GENERAL DISCLAIMER
15.1 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.
15.2 Subject to this clause 14, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the General Terms or 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 its features or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15.3 Use of the Application and any of its features is at your own risk. Everything on the Application is provided to you “as is” and “as available” without warranty or condition of any kind. Neither Go People nor any of its 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, features or services (including the products, features 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, its features, or any of its Content related products (including third party material and advertisements on the Application);
- c. costs incurred as a result of you using the Application and its features;
- 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.
16. LIMITATION OF LIABILITY
16.1 Subject to clause 16.6, Go People’s total liability arising out of or in connection with your use of the Application and otherwise under these General Terms and any Additional Terms, 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 in respect of the most recent engagement or where Go People has not received a commission fee, then the total liability of Go People is the commission fee that Go People ought to have received.
16.2 Subject to clause 16.6, 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.
16.3 Subject to clause 16.6, 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 its features, including but not limited to any use that does not comply with the General Terms any Additional Terms (as applicable), any use that is not expected or not reasonable, or in connection with the provision of Services by you or other users.
16.4 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.
16.5 Nothing in the General Terms and any Additional Terms (as applicable) shall constitute an express or implied warranty by Go People that the Application and its features 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.
16.6 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.
17.1 You agree to indemnify Go People and its Personnel from and against any and all actions, suits, claims, demands, liabilities, losses, damages, settlements, costs and expenses (including legal fees on a full indemnity basis) (the “Loss”) which arise out of or in connection with:
- any misuse of the Application and/or its features by you or your personnel, including and without limitation, any dishonest, inaccurate, incomplete, careless, 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 in the provision of Services except to the extent that the Loss is directly attributable to the negligence or wrongful act or omission of Go People;
- any damage to or loss or destruction of real or personal property and goods caused or contributed to by you or your personnel in the provision of Services except to the extent that the Loss is directly attributable to the negligence or wrongful act or omission of Go People;
- your breach of the General Terms and any Additional Terms (as applicable);
- 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);
- 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, PAYG withholding, superannuation payments, expenses, loadings 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; or
- any liability for or in connection with payroll tax, superannuation guarantee charge, GST, PAYG withholding or any other tax in relation to you or your personnel and any penalty, interest or other charges in the event a regulator makes such a determination.
except to the extent that the Loss is directly attributable to the negligence or wrongful act or omission of Go People.
18. DISPUTE RESOLUTION
18.1 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 for the provision of Services, 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-day 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 17.1(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 acts or omissions 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.
18.2 Where the Dispute arises out of or in connection with the provision of Services, including 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.
19.1 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.
19.2 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. Your notice must be sent, in writing, to Go People; and
- closing your Account for all of the features which you use, where Go People has made this option available to you.
19.3 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 Application and/or its features in the country in which you are resident or from which you use the service;
- the provision of the Application and/or its features to you by Go People is, in the opinion of Go People, no longer commercially viable;
- you have, in Go People’s reasonable opinion, disparaged Go People or brought Go People into disrepute; or
- your Account has been inactive for a period of twenty-four (24) months.
19.4 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 its features 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.
19.5 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.
20. VENUE AND JURISDICTION
20.1 The features 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 its features, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
21. GOVERNING LAW
21.1 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 provision of Services, the Application and/or its features 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.
22.1 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.
23.1 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.
23.2 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.
23.3 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.
24. CONTACT INFORMATION
24.1 Go People may be contacted by email at firstname.lastname@example.org.
25.1 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 must 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.
25.2 You may assign or transfer your rights or obligations under the General Terms and any Additional Terms (as applicable) (including subcontracting the engagements) with the express written consent of Go People. Such consent may not to be unreasonably withheld or delayed.
25.3 A purported assignment without written consent will be deemed to be void and convey no rights.
26.1 All subcontractors and/or assignees described pursuant to clause 24.2 that are Runners must register with their own account, and provide their identification and vehicle documents for verification pursuant to clauses 2 and 8.
26.2 If you have agreed to provide a Service, you remain responsible to Go People for the performance of the Service despite any subcontract and are liable for the acts, defaults and negligence of each of your subcontractors or personnel as if they were the acts, defaults or negligence of you.