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Glossary

Last updated: 18 May 2023, 9.16pm (AEST)

RULES OF INTERPRETATION

In the DeliveryTasker Service Agreement and all Policies, except where the context otherwise requires:

 

(a) the singular includes the plural and vice versa, and a gender includes other genders;

 

(b) another grammatical form of a defined word or expression has a corresponding meaning;

 

(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

 

(d) the applicable currency shall be the currency specified in Your Country Specific Terms in Appendix B of the Agreement;

 

(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

 

(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

 

(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

 

(h) headings are for ease of reference only and do not affect interpretation;

 

(i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and

 

(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.

“Account” means the account that is created when a User downloads and installs the App and registers the User’s mobile phone number and a password in the App.

 

"Agreement" means the most updated version of the Service Agreement between DeliveryTasker and a User.

 

“App” means the mobile phone application called DeliveryTasker which is owned and operated by DeliveryTasker.

 

"Badge" means a DeliveryTasker Badge and Verification Icon.

 

“Business” means a User who has set up a business account on the Platform and has the intention to use the Platform to look for Taskers to fulfil certain services for its business.

 

"Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their Account, other than a Saturday, Sunday or public holiday.

 

“Break Fee” means an amount equivalent to the Hourly Rate multiplied by one hour.

 

"Cancellation Fee" means the fee payable by a Business or a Tasker to DeliveryTasker for cancelling a Shift Contract. The amount for the fee (if applicable) is displayed in the App prior to a User cancelling the Shift Contract. DeliveryTasker in its absolute discretion may change the amount from time to time.

 

"Cash Out Fee" means the fee payable by the Tasker to DeliveryTasker as consideration for the DeliveryTasker Services. This fee is displayed to a Tasker prior to cashing out the credits in the Tasker’s Account.

 

“Completed” means the completion of a Task which is achieved when the Tasker is physically at the drop of address and either dropped off the items for delivery at a reasonably safe spot (away from public reach) or has handed the items for delivery to the recipient. The items must be damage-free. Completion of a Task is evidenced when the Tasker’s GPS-enabled mobile phone produces GPS coordinates that are within Proximity of the drop off address at the time of drop off, and the Tasker uploads a photo of the items that were dropped off at the drop off address using the App, and updates the status of the Task in the App.

 

"Consequential Loss" means any loss, damage or expense recoverable at law:

(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or

(b) which is a loss of:

a. opportunity or goodwill;

b. profits, anticipated savings or business;

c. data; or

d. value of any equipment,

and any costs or expenses incurred in connection with the foregoing.

 

"Country Specific Terms" means those terms set out in Appendix B.

 

“Credit” means the amount of money that is temporarily held in a User’s Account including money that the User has topped up using the App and received from other Users or DeliveryTasker.

 

“Credit Card Fees” means the fee charged by the Payment Provider for the usage of the services provided by the Payment Provider.

 

“Credit Validation Period” means the period starting from two hours prior to the Shift Start Time to the Shift Start Time of a Shift Contract.

 

"DeliveryTasker", "we" "us" or "our" means the legal entity VoxSpot Pty Ltd ACN 627 658 459 trading as DeliveryTasker.

 

"DeliveryTasker Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by DeliveryTasker.

 

“DeliveryTasker Email Address” means the email address support@deliverytasker.com.au.

 

"DeliveryTasker Service" means the service of providing the Platform.

 

“Delivery Fee” means the sum of the Petrol Fee (if any) and any Incentive Fee (if any) payable for a Task.

 

“Delivery Shift” means a Shift requesting for Services that include the delivery of commercial products from the Business’s physical address to a third-party address.

 

“Delivery Shift Contract” means a Shift Contract where Services provided by the Tasker includes delivery of products from the Business’s venue to a third-party address.

 

“Duration” means the period in hours from the Shift Start Time to the Shift End Time of a Shift Contract.

 

“Favourite Rates” means the custom hourly rate, petrol rate and incentive fee that a Business offers to a Favourite Tasker.

 

“Favourite Tasker” means a Tasker that a Business added to its list of favourite taskers on the Platform.

 

"Fees" means all or any fees payable to DeliveryTasker by Users in accordance to the Agreement including the Service Fee, Cancellation Fee, Cash Out Fee and Subscription Fee.

 

“Google Maps Services” means the coordinate, distance and location mapping services provided by Google LLC, used by DeliveryTasker.

 

“Hourly Rate” means the hourly rate as set out in a Valid Accepted Quote or if in the absence of a Valid Accepted Quote, the hourly rate as set out in the Favourite Rates if available or otherwise the hourly rate as set out in the information of a Shift.

 

“Hourly Payment” means the amount of money payable by the Business to a Tasker for a Shift Contract calculated as the Duration multiplied by the Hourly Rate.

 

"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, DeliveryTasker Badges and Verification Icons.

 

“Incentive Fee” means the flat fee per delivery payable for a Task as set out in a Valid Accepted Quote or if in the absence of a Valid Accepted Quote, as set out in the Favourite Rates if available or otherwise as set out in the information of a Shift.as set out in the information of a Shift.

 

“Non-cancellable Period” means the period starting from four hours prior to the Shift Start Time to the Shift End Time of a Shift Contract.

 

"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

 

"Payment Account" means the account operated by the Payment Provider.

 

“Payment Method” means the credit or debit card account that the Business entered into the App to use for payment of Fees and Shift Payments.

 

"Payment Provider" means an entity appointed by DeliveryTasker that manages and operates the Payment Account including accepting payments from and making payments to Users.

 

"Personal Information" has the same meaning as described in Your Country Specific Terms.

 

“Petrol Fee” means the fee payable for a Task which is calculated as the Petrol Rate multiplied by the Task Distance.

 

“Petrol Rate” means the fee per kilometre as set out in a Valid Accepted Quote or if in the absence of a Valid Accepted Quote, as set out in the Favourite Rates if available or otherwise as set out in the information of a Shift.

 

“Platform” means the means the Website, the App, and any other affiliated platform that may be introduced from time to time.

 

"Policies" means all the policies and guidelines published or posted by DeliveryTasker on the Platform including but not limited to Privacy PolicyTermsEnd User License AgreementAgreementShift ContractCountry Specific Terms, Shift Guidelines, Penalties, Cash Out Fees and Membership Level.

 

“Post A Task” means the action of recording the details of a Task in the App by a Tasker which includes the drop off address for the delivery assigned and uploading to the Platform an official document evidencing the delivery such as a delivery docket, payment receipt or order receipt of the items for delivery.

 

“Proximity” means a radius of 100 metres (a value which is modified by DeliveryTasker from time to time), measured from a centre point which is either the drop off address of a Task when made in reference to a Task or the physical address of a Business when made in reference to a Shift.

 

“Quote” means a quote submitted by a Tasker via the App in response to a Shift posted by a Business on the Platform.

 

"Services" means the services to be rendered as described in a Valid Accepted Quote or in the absence of a Valid Accepted Quote, the services to be rendered as described in the information of a Shift.

 

"Service Fee" means the fee that DeliveryTasker charges a Non-subscribed Business each time a Tasker attends or completes the work for a Shift Contract.

 

"Shift" means the Business's request for Services published on the Platform and includes the date for the Services, start time, end time, budgeted Hourly Rate, budgeted Petrol Rate, budgeted Incentive Fee and description of the Services to be provided.

 

“Shift Address” means the physical address as described in the information of the Shift.

 

“Shift Attendance Confirmation Deadline” means four hours (or any time as modified by DeliveryTasker from time to time) prior to the commencement time of the Shift Contract.

 

"Shift Contract" means the separate contract which is formed between a Business and a Tasker for Services. In the absence of, or in addition to, any terms specifically agreed, terms of which are included in Appendix A to the Agreement apply to Shift Contracts.

 

“Shift End Time” means the time from which a Tasker finish rendering the Services under the Shift Contract.

 

“Shift Extension Request” means a request in the App to extend the Shift End Time for a Shift Contract.

 

“Shift Payment” means the total amount of money payable to the Tasker for the Services provided by the Tasker in accordance to a Valid Accepted Quote or in the absence of a Valid Accepted Quote, the Favourite Rates, or in the absence of Favourite Rates, the Shift Rates.

 

“Shift Period” means the period from the Shift Start Time to the Shift End Time of a Shift Contract.

 

“Shift Rates” means the Hourly Rate, Petrol Rate and Incentive Fee as set out in the Shift information.

 

“Shift Start Time” means the time from which a Tasker starts rendering Services under the Shift Contract.

 

“Subscribed Business” means a Business who has purchased a Subscription on the Platform and the Subscription is not expired.

 

“Subscription” means a 30-day or longer period subscription product that is offered by DeliveryTasker to Businesses.

 

“Task” means a delivery assignment undertaken by a Tasker for a Delivery Shift Contract.

 

“Task Distance” means the one-way distance measured from the Shift Address to the drop off address of a Task as provided by Google Maps Services at the time that the Task is Posted, multiplied by two.

 

"Tasker" means an independent contractor who is a User and has setup a Tasker account on the Platform with the intention to provide Services to Businesses.

 

“Terminating Party” means the party to the Shift Contract who terminated or wishes to terminate the Shift Contract.

 

"Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve any disputes between Users.

 

"Third Party Service" means the services or promotions and links to services offered by third parties as may be featured on the Platform from time to time.

 

“Third Party Identity Verification Services” means identity or background verification services provided by third parties that are used by DeliveryTasker to verify the identity, skills, experience or other relevant background of a User.

 

“Transport Type” means the type of vehicle that a Business requires a Tasker to use in a Delivery Shift.

 

"User" or "You" means the person who has signed up to use the Platform, whether as the Business, Tasker, or otherwise.

 

“Valid Accepted Quote” means a quote that was accepted by a Business, not expired and not withdrawn by the Tasker.

 

"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Platform to confirm details such as a User's qualification, license, certificate or other skill.

 

“Website” means the website www.deliverytasker.com.au, www.deliverytasker.au and any other websites which are owned and operated by DeliveryTasker.

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