Appendix B:
Country Specific Terms

Australian Terms

If You are a User who has Your DeliveryTasker Platform account in (or the Services are performed in) Australia, then the following terms will also apply to or may vary this Agreement to the extent specified:

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a) a reference to "A$", "$A", "dollar" or "$" is to Australian currency;

 

b) "DeliveryTasker" means VoxSpot Pty Ltd ACN 627 658 459;

 

c) "ACL" means the Australian Consumer Law;

 

d) "Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL;

 

e) “GST” means Goods and Services Tax, as defined in the GST Act;

 

f) “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time;

 

g) "Personal Information" has the same meaning given to it in the Privacy Act 1988 (Cth);

 

h) This Agreement is governed by the laws of Victoria, Australia. You and DeliveryTasker submit to the exclusive jurisdiction of the courts of Victoria, Australia;

 

i) The following is added as clause 3.3 in the Shift Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Shift Contract, even if they are not already incorporated by law.";

 

j) The exclusions and limitations of liability shall be as follows:

1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, DeliveryTasker specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Businesses and Taskers.

 

2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, DeliveryTasker specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Platform.

 

3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, DeliveryTasker is not liable for any Consequential Loss arising out of or in any way connected with the services provided by the Platform.

 

4) Except for liability in relation to a breach of any Non-excludable Condition, DeliveryTasker's liability to any User of the DeliveryTasker Service is limited to the total amount of payment made by that User to DeliveryTasker for purposes directly connected to the incident causing liability of DeliveryTasker, or AUD$50.00, whichever is greater.

 

5) DeliveryTasker's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.