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 your 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:
- Senders may book courier services as and when required by the Senders at any time (the “GoNOWService”);
- Senders with verified merchant account may book courier services that aim to deliver the goods on the same day that they are booked (the “GoSAMEDAY Service”);
- Senders may book a Runner for a shift where the Runner will deliver multiple orders during the shift (the “GoSHIFT Service”);
- provides an opportunity for the Senders to use Go People’s Application to compare the rates provided by third party couriers such as Startrack, Fastway or DHL and select a courier (the “Courier”) to deliver their goods either on the next business day or over a number of days (the “GoINTERSTATE Service”); and
(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 You may choose 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; and
- a password.
2.2 You may also be invited by Go People to become a member and have a verified account (the “Merchant Account”). If you activate your Merchant Account, you will be asked to:
- provide your personal, contact and store details, username and password; and
- make an initial deposit. The deposit amount may be subject to change and Go People will use reasonable endeavours notify you of the change.
2.3 You warrant that any personal and/or registration information you provide to Go People will always be accurate, correct and up to date.
2.4 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 delivery status, to keep you informed about invoices or other matters regarding the Application and/or Services.
2.5 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.
2.6 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 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;
- if you have an Account registered with Go People, you will not to share your Account with any other person and you acknowledge that you are responsible for maintaining the confidentiality of your user name 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 user or use the profile or password of another user 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, up-load, post or upload content to the Application which is false, misleading or contains sexually explicit material, references or innuendos;
- you will not harass, impersonate, stalk, threaten, or use inappropriate or offensive language and/or behaviour towards 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.
3.2 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. TYPES OF GOODS
4.1 Restricted Goods
- You must not use the Application and Services 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 wish to transport are considered Restricted Goods, you should contact Go People on 1300 416 722.
- If Go People, the Runner and/or the Courier believe on reasonable grounds that the goods you wish to deliver consists of or contains Restricted Goods, then:
- Go People, the Runner and/or the Courier are not obliged to deliver the goods to the intended recipient or return the goods to you;
- you will be liable to pay a cancellation fee or a return fee (if applicable) to return the goods from the recipient to you, (as specified in each Additional Terms);
- Go People, the Runner and/or the Courier may deal with the goods in accordance with any applicable laws, which may include rendering safe, destroying the goods or delivering the goods to the police, defence or emergency services. If Go People, the Runner and/or the Courier does so on reasonable grounds and in accordance with the law, then Go People, the Runner and/or the Courier shall not be liable to reimburse you in full or in part for the goods so dealt with. In addition, any costs incurred by Go People, the Runner and/or the Courier in relation to rendering safe or destroying the goods pursuant to this clause shall be recoverable from you.
4.2 Perishable Goods
- Where the goods to be delivered are perishable, you must ensure that they are properly packed for carriage and delivery.
- Where the perishable goods are not delivered to the intended recipient due to the Sender’s failure to nominate a correct delivery address or to arrange for the collection of the perishable goods at the nominated address, then:
- Go People will notify you of the delivery issue and you must provide instructions to Go People, the Runner and/or the Courier within 48 hours;
- Go People, the Runner and/or the Courier may hold onto the perishable goods, and if they do, they shall not be obliged to hold onto the perishable goods for more than 48 hours; and
- if Go People, the Runner and/or the Courier do not receive any instructions from you within 24 hours from request, then Go People, the Runner and/or the Courier have the right to dispose the perishable goods and you consent to such disposal.
- Where the goods to be delivered consists of or contains alcohol and/or tobacco, you must notify Go People, the Runner and/or the Courier of same in the delivery instructions.
5. DELIVERY ISSUES
5.1 To prevent any delivery issues from arising, you must ensure that:
- all delivery information (such as recipient’s address, name and contact details) provided to Go People is accurate and complete; and
- all delivery orders (including any delivery instructions) are given to the particular Runner assigned to you for a particular delivery order.
If the delivery information provided to Go People is not accurate or if the delivery order is given to a Runner that is not assigned for that particular order, Go People, the Runner and/or the Courier shall not be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the goods.
5.2 You must ensure that the goods to be delivered are packaged to withstand handling, transport and storage.The Runner and/or the Courier may refuse to deliver the goods if they deem that the goods are packaged in a way that there is a risk of the goods being damaged during the delivery process. If so, the Delivery Services Fee will not be refundable and in addition you will be liable for any additional costs and expenses (such as cancellation fee) that may be incurred in relation to the delivery goods.
5.3 In addition, you must ensure that the sizes of the delivery goods to be handed over to the Runner and/or the Courier match the description of the sizes as specified by you when placing the delivery requests. The Runner and/or the Courier may refuse to deliver the goods if the sizes of the delivery goods do not match your description. If so, the Delivery Services Fee will not be refundable and in addition you will be liable for any additional costs and expenses (such as cancellation fee) that may be incurred in relation to the delivery goods.
5.4 Where you have provided your contact details and/or the recipient’s contact details, you authorise Go People to disclose your contact details and/or the recipient’s contact details to the Runner and/or the Courier for the sole purpose of contacting you and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the Runner and/or the Courier are not able to contact you and the recipient, to prevent the loss of the delivery goods, you authorise the Runner and/or the Courier to return the delivery goods to you and you will be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the goods.
5.5 Where you have provided for an authority to leave the goods at the location nominated by you, Go People, the Runner and/or the Courier shall be allowed do so without incurring any liability, except to the extent where Go People, the Runner and/or the Courier have acted negligently or wrongfully.
5.6 As part of the provision of the Services, you are given the opportunity to use the Application to track the location and the delivery of the goods. You must only use the GPS location service for the sole purpose of tracking the delivery of the goods and you must not use it for any other purposes.
5.7 GoINTERSTATE Service is not completed by the Runners and are completed by the Courier. You authorise Go People to arrange for the Courier to complete any GoINTERSTATE Service that you have requested. Further, should the Courier refuse to handle, transport or store your goods for any reason whatsoever, you agree that Go People is not liable to you in any manner whatsoever.
5.8 You represent and warrant that:
- you alone own the goods or if there are other owners, you at as their agent and they agree to the General Terms and Additional Terms (as applicable);
- you have complied with all laws in connection with the goods to ensure that they can be lawfully handled, transported and stored;
- you have not asked us to handle, transport or store the goods in any way that may be unlawful; and
- you agree to only send goods that are properly packaged and send goods that we can transport; If the goods are not properly packaged or do not comply with the General Terms and Additional Terms (as applicable), you may be liable for additional fees as applicable.
5.9 You give us authority to:
- use any method for handling, transporting or storing the goods. Go People will give priority to any instructions given by you, but if such instructions cannot be followed you authorise Go People to use another method;
- deviate from any usual route of transport or place of storage;
- claim a general or particular lien over the goods, and any documents relating to them for outstanding payments relating to those goods which have been, or are to be, handled, transported or stored on your behalf; and
- sell any goods held by Go People for outstanding payments by public auction or private sale without any notice to you.
5.10 In the event where there is a dispute or disagreement regarding the estimated distance required to be travelled, all relevant parties agree that the estimated distance that will apply to the relevant transaction is the distance as estimated by Google Map.
6. REVIEW AND RATING
6.1 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.
6.2 The Senders may rate the Runners based on 100-point scale. The rating for a Runner will then be calculated as an aggregate of all ratings provided by the Senders (the “Review and Rating System”).
6.3 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 cannot 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. Any use or reliance of such content is solely at your own risk. In addition, the Review and Rating System does not constitute a guarantee, warranty, or prediction regarding the Runner or the outcome of any delivery.
7.1 Where you circumvent the Application and/or Services after discovering a Runner through the Application and/or Services and subsequently hires that Runner, you will be liable to Go People for a success fee equal to 25% of the amount which would have been charged to you by the Runner (excluding GST) over a 12-month period commencing on the date the Runner begins its Services to you (the “Success Fee”).
7.2 Where you have engaged a Runner via the Application, you and/or your employees, agents, representatives, related entities or associated entity (as defined in the Corporations Act 2001) will not, during the period of your registration with Go People and during the subsequent 12 months after first being introduced to the Runner by Go People, either directly or indirectly, without written consent from Go People, employ, solicit, or engage or attempt to engage with that Runner for performance of services, other than via the Application. If you contravene this clause, you will be liable to Go People for an introduction fee equivalent to 25% of the amount which would have been charged to you by the Runner (excluding GST) over a 12-month period commencing on the date the Runner begins its Services to you (the “Introduction Fee”).
7.3 For the avoidance of doubt, you must use the Application and/or Services as your exclusive method to engage any Runner you have been introduced to via the Application unless Go People agrees otherwise in writing. Under no circumstances will Go People grant you the right to employ, solicit or engage the Runner without Go People receiving the Success Fee or Introduction Fee.
7.4 Where Go People agrees to release you from this clause 7 for consideration of the Success Fee or Introduction Fee, you are required to pay Go People the Success Fee or Introduction Fee in advance prior to the Runner performing the services to you, unless agreed otherwise. This amount shall be due and payable no later than 30 days after the start date of the engagement, unless agreed otherwise.
7.5 In the event of a Success Fee or Introduction Fee dispute and if you can establish that you had an Active Process (as defined in clause 7.6) with the Runner before using the Application and/or Services, you may be exempted from paying the Success Fee or Introduction Fee. However, the final determination as to whether a Success Fee or Introduction Fee is owed by you will be at the sole discretion of Go People, which shall not be unreasonably made.
7.6 Active Process means continuous direct, interactive communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Application and/or Services.
7.7 If you do not agree with any of these provisions, please terminate your Account immediately and cease usage of the Application and Services. Your obligation to pay any Success Fee and/or Introduction shall survive any termination or modification of the General Terms any Additional Terms (as applicable).
7.8 You grant Go People the right to examine your books, accounts and records at such reasonable times as may be reasonably requested by Go People for the sole purpose of ascertaining whether you are in breach of this clause 7. You further agree to deliver up a copy of any engagement agreement between you and the Runner (if any) within 7 days from Go People’s written request, such request not to be unreasonably made.
7.9 You acknowledge and agree that this clause 7 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.
8. APPLICATION CONTENT
8.1 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 the 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, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit the User Content.
8.2 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.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
9.1 The Application, the Services and all of the related products of Go People are subject to copyright, trade mark 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.
9.2 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.
9.3 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, trade mark 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),
9.4 You may not, without the prior written permission of Go People and the permission of any other relevant rights owners: broadcast, republish, up-load 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.
10. GENERAL DISCLAIMER
10.1 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.
10.2 Subject to this clause 10, 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.
10.3 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.
11. LIMITATION OF LIABILITY
11.1 Subject to clause 11.8, Go People is not and will not be liable for any loss or damage to goods during the carriage and while the goods are in the possession of Go People or the Runners. If you wish to protect your goods during the provision of the Services, then we highly recommend you to purchase a warranty (the “Warranty”). The terms and conditions of the Warranty can be found at www.gopeople.com.au/freightsafe-about/. Please read the terms carefully.
11.2 Subject to clause 11.8, 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 delivery fee received by Go People for the delivery job for the most recent delivery job or where Go People has not received delivery fee, then the total liability of Go People is the resupply of the Services to you.
11.3 Subject to clause 11.8, 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.
11.4 Subject to clause 11.8, Go People is not responsible or liable in any manner for any claim arising out of your incorrect or improper 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.
11.5 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.
11.6 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.
11.7 Subject to clause 11.8, if Go People is liable under the General Terms and any Additional Terms (as applicable), any payment made (including payment made under the Warranty) shall be calculated by reference to the cost price of the goods in question. Under no circumstances shall the payment be made by reference to the retail prices of the goods, unless reasonably determined otherwise by Go People. You agree to provide Go People with a receipt regarding the purchase price of the goods if requested, within 7 days from the request.
11.8 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.
11.9 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. You are engaging the Runners directly for the courier services and Go People is merely a facilitator.
12.1 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 any negligent act or omission 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);
except to the extent that the Loss is directly attributable to the negligence or wrongful act or omission of Go People.
13. DISPUTE RESOLUTION
13.1 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:
- either 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);
- 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 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 13.1(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.
13.2 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 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.
14.1 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.
14.2 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.
14.3 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.
14.4 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.
14.5 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.
15. VENUE AND JURISDICTION
15.1 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.
16. GOVERNING LAW
16.1 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.
17.1 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.
18.1 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.
18.2 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.
18.3 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.
19.1 Go People may not assign or transfer its rights or obligations under the Terms 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 Terms, without your consent, to:
- any third party service provider such as the Courier for the purpose of providing the Services to you. Further, any third service service provided engaged by Go People may in turn subcontractor part or all of their obligations to other third party;
- 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.
19.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Go People. Such consent not to be unreasonably withheld or delayed.
19.3 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.