End User License Agreement
Last updated: 18 May 2023, 9.16pm (AEST)
DeliveryTasker's End User License Agreement ("EULA") stipulates the rights and license (including the conditions tied to the use of the license) that VoxSpot Pty Ltd (owner and developer of DeliveryTasker) grants to and receives from the users in relation to the usage of the DeliveryTasker mobile phone application and website.
As with most other mobile apps, do note that when you download and install DeliveryTasker in your mobile device and/or use or access our website, you acknowledge and accept the terms outlined in our Policies. Where a defined term is referenced and the definition is not contained within this policy, then the definition of the defined term can be found in the DeliveryTasker Glossary ("Glossary"). Policies include the following and other rules and guidelines that are displayed in the DeliveryTasker mobile phone application:
Note that "we", "us", "our" and "DeliveryTasker" are used interchangeably in the above documents and they refer collectively to the DeliveryTasker mobile phone application (including its websites) and VoxSpot Pty Ltd, the developer and owner of the DeliveryTasker mobile phone application and websites.
LICENSE TO USER
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use DeliveryTasker, subject to and in accordance with our Terms.
This license is for the sole purpose of enabling you to use DeliveryTasker, in accordance with our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
LICENSE TO US
In order to operate and provide you with the services and features offered by DeliveryTasker, you grant DeliveryTasker a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform operations in DeliveryTasker using the information (including the content) that you create, upload, submit, store, send or receive on or through DeliveryTasker.
The information and content that you enter into DeliveryTasker (except for information related to your bank account, credit card, photo identity, national criminal record check and commercial insurance) will be treated as being non-confidential, non-personal and non-proprietary. DeliveryTasker will be free to reproduce, use, and distribute the information and content to others without restriction.
DeliveryTasker will also be free to use any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such information and content.
You agree that if your account is banned, suspended or removed by DeliveryTasker for any reason, your mobile number, email address and mobile device ID may be maintained in our list of banned or suspended users and DeliveryTasker's right and license to maintain a record of the aforementioned information will survive the termination of the EULA. Your request to delete your account will not affect in any way, DeliveryTasker's right to maintain a record of the said information.
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with DeliveryTasker. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express written permission, which may be withheld for any or no reason.
DeliveryTasker does not claim ownership of the information and content that you submit or share in DeliveryTasker. You must have the necessary rights to such information and content and the right to grant the rights and licenses stipulated in this EULA and Terms.
You acknowledge and agree that, in the event that a third party claims that DeliveryTasker or your possession or your use of DeliveryTasker infringes any third party's intellectual property rights, you will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify DeliveryTasker in writing of such a claim.
TERM AND TERMINATION
The EULA shall be effective until terminated unless otherwise expressly stated.
DeliveryTasker may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this license and the rights granted to you in this EULA with or without prior notice.
If you fail to comply with any terms and conditions of the EULA, then the associated license and rights granted to you will automatically be terminated without any notice or other action by DeliveryTasker. Upon termination, you shall cease all use of DeliveryTasker and uninstall DeliveryTasker from your mobile device.
LIMITATION OF LIABILITY
Under no circumstances shall DeliveryTasker or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use DeliveryTasker.
You shall indemnify, defend and hold harmless DeliveryTasker and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following:
your access to or use of DeliveryTasker or any third-party content and services
your breach of the EULA
your violation of law
your negligence or wilful misconduct
your violation of the rights of a third-party, including the infringement of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
These obligations will survive termination of the EULA.
Compatibility and interoperability problems can cause the performance of your mobile device to diminish or fail completely, result in permanent damage to your mobile device, loss of the data located on your mobile device and/or corruption of the software and files located on your mobile device.
DeliveryTasker does not warrant that the DeliveryTasker mobile phone application and website will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device.
You acknowledge and agree that DeliveryTasker and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with problems associated with compatibility or interoperability.
You are responsible for addressing any third-party claims relating to your use or possession of DeliveryTasker and agree to notify DeliveryTasker of any third-party claims relating to DeliveryTasker as soon as you become aware of the relevant claims. You release DeliveryTasker from any liability resulting from your use or possession of DeliveryTasker, including, without limitation, the following:
any product liability claims
any claim that DeliveryTasker fails to conform to any applicable legal or regulatory requirement and
any claim arising under consumer protection or similar legislation.
The EULA shall be deemed to take place in the State of Victoria, Australia and shall be governed by and construed in accordance with the laws of the State of Victoria, Australia excluding its conflicts of law principles.
Any disputes arising from this EULA shall be adjudicated in the courts of the City of Melbourne in the State of Victoria, Australia.
If any part of the EULA becomes invalid or unenforceable on either DeliveryTasker or yourself, the remainining parts will continue to be effective and enforceable to the fullest extent permitted by law.
Unless expressly stated elsewhere in our EULA, the failure to exercise a right or required performance of an obligation under the EULA shall not affect yours or DeliveryTasker's ability to exercise such right or require such performance at any time thereafter. The waiver of a breach does not constitute waiver of any subsequent breach.
MODIFICATION OR AMENDMENT
We may amend or update our EULA from time to time. We will provide you notice of amendments to this EULA, as appropriate, and update the “Last updated” date at the top of this EULA. Your continued use of DeliveryTasker confirms your acceptance of our EULA, as amended. If you do not agree to our EULA as amended, you must stop using DeliveryTasker. Please review our EULA from time to time.
Notwithstanding other terms and clauses contained within this EULA, you agree that DeliveryTasker may disclose, without your prior approval, any information collected, stored, analyzed or observed about your use of DeliveryTasker (including your DeliveryTasker account personal information) if it is required by law, regulation or government authority.