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Service Agreement

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

GENERAL

All defined terms in this Service Agreement (the "Agreement") have the meaning given to them in the DeliveryTasker Glossary. Terms of Shift Contract in Appendix A and Country Specific Terms in Appendix B shall also apply to this Agreement. The Agreement sets out DeliveryTasker’s and the Users’ responsibilities and obligations on the Platform.

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 this Agreement, 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.

The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

 

This Agreement may be assigned or novated by DeliveryTasker to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

 

This Agreement sets out the entire understanding and agreement between the User and DeliveryTasker with respect to its subject matter.

 

1. SCOPE OF DELIVERYTASKER SERVICES
 
Basic Principles

 

1.1 DeliveryTasker provides the Platform to Businesses to publish Shifts. A Shift must contain an address where the Services will be provided, a description of the Services requested by the Business, a budgeted Hourly Rate, Petrol Rate (for Delivery Shifts only), Incentive Fee (for Delivery Shifts only), Transport Type (for Delivery Shifts only), number of Taskers required, the proposed Shift Start Time and Shift End Time. Some parts of Shift details may be made publicly available, including to internet users who are not Users.

1.2 A Tasker may submit a Quote in response to a Shift via the App. A Quote may contain an Hourly rate, Petrol Rate (for Delivery Shifts only), Incentive Fee (for Delivery Shifts only), description of Services that the Tasker offer and a Shift Start Time. Some parts of Quote details may be made publicly available, including to internet users who are not Users.

 

1.3 The Platform and DeliveryTasker Services must only be used in Australia.

 

1.4 A Shift Contract is created between the Business and the Tasker each time a Tasker accepts or applies for a Shift in the App and DeliveryTasker confirms assignment of the Shift by notifying the Business and Tasker of the Shift assignment via the App.

 

1.5 A Business may cancel a Shift at any time in accordance to section 9 of this Agreement and section 8 of the Shift Contract in Appendix A.

 

1.6 A Tasker may quit a Shift at any time in accordance to section 9 of this Agreement and section 8 of the Shift Contract in Appendix A.

 

1.7 DeliveryTasker reserves the right to cancel or modify a Shift or Quote any time.

 

1.8 Once the Shift Contract is created, the Tasker and Business may vary the Shift Contract on the Platform. The Business and Tasker are encouraged to use the Platform’s messaging system to amend or vary the Shift Contract or to otherwise communicate.

 

1.9 After the Shift Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Platform.

 

 

2. DELIVERYTASKER'S ROLE AND OBLIGATIONS

 

2.1 DeliveryTasker provides the Platform only, enabling Users to publish Shifts or publish Quotes for Services.

 

2.2 DeliveryTasker only permits individuals over 18 years of age to become Users.

 

2.3 Users must be natural persons but can specify they represent a business entity by setting up their Account as a Business.

 

2.4 At its sole and absolute discretion, DeliveryTasker may refuse to allow any person to register or create an account with DeliveryTasker or cancel or suspend or modify any existing account including if DeliveryTasker reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Platform.

 

2.5 Registering and creating an account with DeliveryTasker is free. There is no charge for a Business to post Shifts, or for Taskers to review content on the DeliveryTasker Platform, including Shifts.

 

2.6 DeliveryTasker accepts no liability for any aspect of the Business and Tasker interaction, including but not limited to the description, performance or delivery of Services.

 

2.7 DeliveryTasker has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Taskers to perform the Services of a Shift, or the honesty or accuracy of any information provided by Businesses or the Business's ability to pay for the Services requested.

 

2.8 Except for liability in relation to any Non-excludable Condition, the DeliveryTasker Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, We and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 

2.9 DeliveryTasker has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.

 

2.10 You understand and agree that DeliveryTasker and its Third Party Identify Verification Service providers may undertake certain checks for Taskers who use the Platform and those checks may include identify verification, right to work, criminal background checks, skills and experience checks based on either documentation submitted by the Taskers or other forms of communication and information provided by the Taskers. You understand that these checks are point in time checks and may not be accurate at the time a Tasker forms a Shift Contract with a Business. You acknowledge, understand and agree that DeliveryTasker and its Third Party Identity Verification Service providers have no responsibility and make no warranty that the results of these checks are accurate and correct and you agree to assume all risks and expressly release, indemnify and hold harmless DeliveryTasker and its Third Party Identity Verification Service providers from any and all loss, liability, injury, death, damage, or costs arising or in any way related to Your reliance of these checks and Services provided by a Tasker in a Shift Contract.

 

 

3. USER OBLIGATIONS

 

3.1 You will at all times:

3.1.1. comply with this Agreement (including all Policies) and all applicable laws and regulations;

3.1.2. only post accurate information on the Platform;

3.1.3. ensure that You are aware of any laws that apply to You as a Business or Tasker, or in relation to using the Platform.

 

3.2 You understand and acknowledge that the Platform is only intended to be used in Australia and if You are a Business User, you must only publish Shifts to the extent that the Shift Address is a valid physical address in Australia which belongs to the Business you represent. If you are a Tasker, You must only submit Quotes, accept or apply for a Shift if you can physically be at the Shift Address at the Shift Start Time.

 

3.3 You agree that any content (whether provided by DeliveryTasker, a User or a third party) on the Platform may not be used on third party sites or for other business purposes without DeliveryTasker's written permission.

 

3.4 You must not use the Platform for any illegal or immoral purpose.

 

3.5 You must maintain control of Your Account at all times. This includes not allowing others to use Your Account, or by transferring or selling Your Account or any of its content to another person.

 

3.6 You grant DeliveryTasker an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of publishing material on the Platform and as otherwise may be required to provide the DeliveryTasker Service, for the general promotion of the DeliveryTasker Service, and as permitted by this Agreement.

 

3.7 You agree that any information posted on the Platform must not, in any way whatsoever, be potentially or actually harmful to DeliveryTasker or any other person. Harm includes, but is not limited to, economic loss and reputational damage that will or may be suffered by DeliveryTasker.

 

3.8 Without limiting any provision of this Agreement, any information You supply to DeliveryTasker or publish in a Shift or Quote must be up to date and kept up to date and must not

a) be false, inaccurate or misleading or deceptive;

b) be fraudulent or involve the sale of counterfeit or stolen items;

c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

e) be defamatory, libellous, threatening or harassing;

f) be obscene or contain any material that, in DeliveryTasker's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any DeliveryTasker Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

 

3.9 The Platform may from time to time engage location-based or map-based functionality. The DeliveryTasker Platform may display the location of Businesses and Taskers to persons browsing the Platform.

 

3.10 If You are a Tasker:

3.10.1. You must have the right to provide Services under a Shift Contract, the right to work in the jurisdiction where the Services are performed and have the necessary skills and experience to perform the Services for the Shift Contract;

3.10.2. You must comply with tax and regulatory obligations in relation to any payment received on the Platform or under a Shift Contract. The Platform does not withhold any form of tax (income tax or GST) from payments to Taskers. You are solely and fully responsible for all tax reporting and payment obligations associated with the payments received on the Platform. If you are registered for GST, you must allocate the appropriate amount from the payments you receive to fulfill your own GST and income tax obligations. If you are GST registered, then all fees and rates published on the Platform that affect your payments for a Shift are already GST-inclusive;

3.10.3. You must not, when supplying Services, charge a Business any fees on top of the Shift Payments for the Shift Contract;

3.10.4. You must not request payments outside of the Platform from the Business for the Services; and

3.10.5. You must use the App to check-in a Shift that you’ve been assigned prior to the Shift Start Time, but no earlier than 15 minutes before the Shift Start Time.

 

3.11 If a Tasker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Tasker is solely responsible for obtaining any reimbursement from the Business. DeliveryTasker advises Taskers not to agree to incur costs in advance of receiving the payment for these costs, unless the Tasker is confident the Business will reimburse the costs promptly.

 

3.12 The Users acknowledge that a Tasker may subcontract a Shift to another Tasker on the platform only with consent from the Business. For the proper operation of the Platform (including insurance (if any), proper pricing and compliance with Policies), the Tasker must ensure that, if it subcontracts any part of the performance of the Services to another Tasker (Subcontractor), it must inform DeliveryTasker and provide the DeliveryTasker account information of the Subcontractor and information of the affected Shift at least 1 hour before the Shift starts via phone, messaging in the DeliveryTasker app or email to support@deliverytasker.com.au.

 

3.13 If DeliveryTasker determines at its sole discretion that You have breached any obligation under section 3 or that You have breached one or more Shift Contracts, it reserves the rights to remove any content, Shift or Quote You have submitted to the DeliveryTasker Service or cancel or suspend Your account and/or any Shift Contracts.

 

 

4. FEES

 

4.1 If a Business is not a Subscribed Business, the Business must pay DeliveryTasker a Service Fee in respect of each Shift Contract completed. For the avoidance of doubt, the Service Fee is still payable if the Shift Contracted is terminated after the Shift Start Time.

 

4.2 When a Business purchases a Subscription, the Business must pay the full amount of the Subscription Fee at the time of purchase. Subscription Fees are not refundable.

 

4.3 A Business understands and agrees that the Payment Provider charges a Credit Card Fee (including GST) for each Credit top up transaction on the Platform and the Business must pay the Credit Card Fee (including GST) each time it tops up its Account with Credits or when DeliveryTasker tops up its Account with Credits on its behalf.

 

4.4 By using the Platform, a Tasker understands and agrees that all earnings that the Tasker makes through the Platform will be subject to a Cash Out Fee when the Tasker withdraws funds from its Account, unless otherwise determined by DeliveryTasker.

 

4.5 All Fees include GST.

4.6 All Fees payable to DeliveryTasker are non-cancellable and non-refundable, save for Your rights under any Non-excludable Conditions and subject to other applicable terms and conditions in this Agreement.

4.7 If DeliveryTasker introduces a new service on the DeliveryTasker Platform, depending on the nature of the service, the Fees applying to that service may be payable from the launch of the service or as determined by DeliveryTasker in its sole and absolute discretion.

 

4.8 DeliveryTasker reserves the right to amend the amount for Fees from time to time and any changes will be updated on the Website and / or the App.

 

5. PAYMENTS & REFUNDS

5.1 A Business must have sufficient Credits in its Account to pay for the Fees and Shift Payments of a Shift prior to the Credit Validation Period.

 

5.2 Credits for the Shift Payment (unless otherwise covered in section 5 or other parts of this Agreement) of a Shift Contract will be deducted from the Business’s Account and transferred to the Tasker’s Account at the finishing time of the Shift. Once transferred, a 24-hour period to enable any dispute resolution must pass before the Tasker can withdraw the funds from the Tasker’s Account.

 

5.3 Credits for Service Fee (if applicable) will be deducted from the Business’s Account and retained by DeliveryTasker at the finishing time of the Shift.

 

5.4 DeliveryTasker reserves the right to cancel or put on hold a Shift Contract if a Business does not have sufficient Credits in its Account for the Shift prior to the Credit Validation Period. If DeliveryTasker cancels a Shift in accordance to this clause, then the Business is deemed to have cancelled the Shift and will be liable to pay a Cancellation Fee.

 

5.5 The Business grants DeliveryTasker permission to charge its Payment Method to enable DeliveryTasker to top up its Account with sufficient Credits for all payments and Credits due or owing under this Agreement.

 

5.6 The Tasker grants DeliveryTasker permission to deduct the Credits in its Account for payments due or owing under this Agreement.

 

5.7 Any amount returned by DeliveryTasker to a Business on behalf of a Tasker will be a debt owed by the Tasker to DeliveryTasker and may be offset by DeliveryTasker against any other payments owed at any time to the Tasker.

 

5.8 Any outstanding Cancellation Fee owed by a User will be a debt owed by that User to DeliveryTasker and may also be offset by DeliveryTasker against any other payments owed at any time to the User.

 

5.9 Any unused Credit in a Business’s Account may be refunded to the Business to the extent that the Credit was not provided by DeliveryTasker as part of any marketing campaign, offers or similar, and DeliveryTasker is satisfied that the Business has no amount due, payable or owing to DeliveryTasker or to any User.

 

5.10 To the extent the Credits in a User’s Account have not been used or withdrawn after 12 months from the date the Credits are created, it will be cancelled and retained by DeliveryTasker.

 

6. DELIVERIES

 

6.1 If a Shift Contract is a Delivery Shift Contract, the Tasker must Post A Task for each Task during the Shift Period.

 

6.2 A Tasker must update the status of a Task in the App when the Tasker arrives at the drop off address of a Task, and either just before or after the items for delivery has been dropped off or handed to the recipient for the delivery.

 

6.3 Credits for the Delivery Fee (if any) for a Task will be temporarily deducted from the Business’s Account when a Tasker Post A Task.

 

6.4 Credits for the Delivery Fee (if any) for a Task will be transferred to the Tasker’s Account when the Task is Completed.

 

6.5 If a Tasker cancels or quits the Task in the App, the Credits for the Task will be refunded to the Account of the Business and the Tasker will not be entitled to the Credits for the Task.

 

6.6 If a Task is not Completed, DeliveryTasker in its sole and absolute discretion may either cancel the Task or update the status of the Task. DeliveryTasker may do this in consultation with the Tasker and / or Business.

7. EXTENSIONS

If a Business wishes to extend the Shift Period of a Shift Contract, the Business must do so in accordance with section 5 of the Shift Contract.

8. REPLACEMENT

8.1 DeliveryTasker reserves the right to cancel a Shift Contract at any time and re-post the Shift on the Platform if either the Business or DeliveryTasker is unable to contact the Tasker or if the Tasker does not confirm its attendance for the Shift in the App prior to the Shift Attendance Confirmation Deadline.

 

8.2 When a Shift Contract is cancelled by DeliveryTasker in accordance to section 8, the Tasker is deemed to have cancelled the Shift Contract and will be liable to pay a Cancellation Fee.

 

 

9. CANCELLATIONS

 

9.1 A User may cancel or quit a Shift in accordance to section 8 of the Shift Contract.

 

9.2 Upon cancellation of a Shift Contract by a Tasker, unless otherwise instructed by the Business, DeliveryTasker reserves the right to re-publish the Shift on the Platform to assist the Business with finding a replacement Tasker for the Shift.

 

9.3 If a Shift Contract is cancelled by a Tasker or Business during the Non-cancellable Period of a Shift Contract, then the Tasker or Business who cancelled the Shift Contract must pay a Cancellation Fee.

 

9.4 DeliveryTasker may decide in its absolute full discretion to waive, refund or reverse the payment of the Cancellation Fee for the Users if DeliveryTasker is satisfied that a valid, commercially reasonable and unavoidable situation is the main reason for the cancellation of the Shift Contract.

 

9.5 If the Shift Contract is cancelled and a User who is party to the Shift Contract can show that work or Services under a Shift Contract was commenced, then the amount of the Shift Payment to be paid to the Tasker by the Business will be conditional upon the mediation and dispute process in section 22.

 

9.6 If a Task for a Delivery Shift Contract is cancelled by a User who is party to the Delivery Shift Contract, then the Delivery Fee for the Task is refunded in full to the Business, unless a User who is party to the Delivery Shift Contract can show that the Tasker has commenced work for the Task, then the amount of the Delivery Fee to be paid to the Tasker by the Business will be conditional upon the mediation and dispute process in section 22.

 

 

10. PAYMENT FACILITY

 

10.1 DeliveryTasker uses a Payment Provider to operate the Payment Account.

 

10.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.

 

10.3 If DeliveryTasker changes its Payment Provider, You may be asked to agree to any further additional terms with those providers. If you do not agree to them, You may be given alternative means of payment subject to the sole and absolute discretion of DeliveryTasker.

 

 

11. THIRD PARTY SERVICES

 

11.1 DeliveryTasker may from time to time include Third Party Services on the Platform. These Third Party Services are not provided by DeliveryTasker.

 

11.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Platform as a convenience to our Users who may find the Third Party Services of interest or of use.

 

11.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.

 

11.4 DeliveryTasker makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Platform, Users may inform DeliveryTasker of their Third Party Service experience.

 

 

12. VERIFICATION & BADGES

 

12.1 DeliveryTasker may use Identity Verification Services or Third Party Identity Verification Services.

 

12.2 You agree that Identity Verification Services and Third Party Identity Verification Services may not be fully accurate as these services are fully dependent on User-supplied information and/or information from verification services provided by third parties.

 

12.3 You are solely responsible for your reliance on the Identity Verification Service and Third Party Identity Verification Services on the Platform and DeliveryTasker accepts no responsibility for your reliance on these services.

 

12.4 Identity Verification Services may be modified at any time.

 

12.5 The Platform may also include a User-initiated feedback system to help evaluate Users.

 

12.6 DeliveryTasker may make Badges available to Taskers. The available Badge can be requested by the Tasker via the Platform by uploading certain information or documentation via the Platform. The information or documentation received by DeliveryTasker will be evaluated by DeliveryTasker and/or Third Party Identity Verification Service provider used by DeliveryTasker. DeliveryTasker has sole and absolute discretion in determining the final results of the evaluation in accordance to terms and criteria set by DeliveryTasker which DeliveryTasker may modify from time to time.

 

12.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Shift Contract, you do so aware of this limitation. You should seek to verify any Badge with the Tasker prior to the commencement of the Shift Contract.

 

12.8 It remains the Tasker's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform DeliveryTasker immediately if a Badge is no longer valid.

 

12.9 DeliveryTasker may, at its sole and absolute discretion, issue Badges to Taskers.

 

12.10 The issue of a Badge to a Tasker remains in the control of DeliveryTasker and the display and use of a Badge is licensed to the Tasker for use on the Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Platform.

 

12.11 DeliveryTasker retains sole and absolute discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by DeliveryTasker.

 

 

13. CONSENT TO PROCESS DATA

 

13.1 By submitting Your personal information or otherwise using the Platform, You consent to the use, processing and storage of Your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that DeliveryTasker may provide Your personal information to any third-party service provider contracted for the purposes of assessing Your data. DeliveryTasker (and its third-party processors) may store your personal information for the duration of Your period as a User of the Platform and up to 6 months after you terminate your Account on the Platform with the exception of Accounts which are banned, suspended or restricted by DeliveryTasker, in which case, clause 13.2 will apply.

 

13.2 If your Account is banned, suspended or restricted by DeliveryTasker for any reason, the mobile number and email address that you used for your Account will be stored by DeliveryTasker for an indefinite period to prevent You from using Your Account or creating a new account on the Platform.

 

 

14. VERIFICATION RELIANCE & DISCLAIMER

 

14.1 You understand and agree that individual Users (Business or Tasker) are solely responsible for the accuracy of the information they provide and DeliveryTasker does not undertake investigations in relation to Users’ vaccination status or document authenticity. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Business or Tasker) you may come in contact with during the course of a Shift Contract, whether or not they have a Verified Account. You expressly release, indemnify and hold harmless DeliveryTasker and its associates and its third party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the identity and any other verified status, skill or experience of a User in relation to any services provided or acquired through the Platform.

 

14.2 Users of the platform acknowledge that the only steps DeliveryTasker has taken to assess the veracity of identity documentation, covid vaccination status, skills and experience of a Tasker documentation are as set out above. Consequently, the issue of a Badge to a User by DeliveryTasker may not be relied upon as verification that:

14.2.1. the User’s identity displayed on the Platform is accurate and correct;

14.2.2. has valid covid documentation issued by a relevant government authority or is vaccinated; or

14.2.3. has the skills and experience that satisfies the Services required of a Shift Contract or any other services requested by the Business for a Shift.

 

14.3 DeliveryTasker expressly disclaims any liability for any loss or damage incurred by a user of the platform in reliance on the Identity Verification Services and Badges other than as expressly contemplated by the terms and conditions in sections 12, 13 and 14.

 

 

15. INSURANCE

 

15.1 Each User must make its own enquiries about whether any further insurance is required for each Shift and Taskers remain solely and fully responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Platform (including but not limited to insurances such as Work Cover, Public Liability, Motorvehicle Third-Party Property & Personal Injury).

15.2 DeliveryTasker does not currently offer any form of insurance to Users but may in the future, offer its Users in Australia an opportunity to obtain insurance for certain Shift Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the Platform when they are available. DeliveryTasker confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.

15.3 DeliveryTasker does not represent that any insurance it acquires or which is offered via the Platform is adequate or appropriate for any particular User.

15.4 DeliveryTasker may at any time choose to take out other insurance itself and that insurance may at DeliveryTasker's option extend some types of cover to Users. If so, DeliveryTasker reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time and a summary of the policies will be made available on the Website and the policy details can be requested via DeliveryTasker. Users will be responsible for familiarising themselves with these details.

 

15.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by DeliveryTasker (if any) responds to that claim then this clause applies. If a claim is made against a Tasker, DeliveryTasker may (provided that the Tasker consents) elect to make a claim under any applicable policy and if the claim is successful, DeliveryTasker reserves its right to recover any excess or deductible payable in respect of the claim from the Tasker. Where DeliveryTasker makes a claim and the insurer assesses that the Tasker is responsible, DeliveryTasker is entitled to rely on that assessment. If You do not pay any excess due under this clause, DeliveryTasker may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.

 

15.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by DeliveryTasker (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. DeliveryTasker may elect to reject or pay an amount to settle a claim not covered by DeliveryTasker's own insurance policies. To the extent that the Tasker was or would be liable for the amount of the claim, if DeliveryTasker elects to pay an amount to settle the claim the amount paid by DeliveryTasker may be recovered by DeliveryTasker from the Tasker. DeliveryTasker may also elect to set this amount off against future moneys it may owe to the Tasker.

16. FEEDBACK

 

16.1 You can complain about any matter related to the DeliveryTasker Platform using the contact support options available on the Platform.

 

16.2 DeliveryTasker is entitled to suspend, terminate or restrict Your account at any time if DeliveryTasker, in its sole and absolute discretion, is concerned by any feedback about You, considers Your feedback rating to be problematic for other Users or considers Your action and behaviour on the Platform to be in violation of our policies, community guidelines, this Agreement or any other reason.

 

 

17. LIMITATION OF LIABILITY

Please see Appendix B for the applicable exclusions and limitations of liability.

 

 

18. PRIVACY

 

18.1 Third Party Service providers will provide their service pursuant to their own privacy policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.

 

18.2 In order to ensure DeliveryTasker can reduce the incidence of fraud and other behaviour in breach of the Policies and Agreement, DeliveryTasker reserves the right to ask Users to verify themselves in order to remain a User.

 

 

19. MODIFICATIONS TO THE AGREEMENT

 

19.1 DeliveryTasker may modify this Agreement or the Policies (and update the DeliveryTasker pages on which they are displayed) from time to time. DeliveryTasker will send notification of such modifications to Your Account or advise You the next time You login.

 

19.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Platform in any manner, including engaging in any acts in connection with a Shift Contract, the amended terms will be effective immediately. In all other cases, if an effective date and time of the amended terms is provided, the amended terms will automatically be effective from the effective date and time, or if the effective date and time is not specified, 30 days after the amended terms are initially notified to You.

 

19.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must cancel all upcoming Shift Contracts to which you are party to, then terminate Your Account and stop using the Platform.

 

 

20. NO AGENCY

 

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind DeliveryTasker, its related entities or affiliates in any way whatsoever. DeliveryTasker confirms that all Third Party Services that may be promoted on the Platform are provided solely by such Third Party Service providers. To the extent permitted by law, DeliveryTasker specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.

 

 

21. NOTICES

 

21.1 Except as stated otherwise, any notices to DeliveryTasker must be given by email and sent to the DeliveryTasker Email Address. A notice is deemed given the later of:

21.1.1. the next Business Day following the day that the email was sent; and

21.1.2. 24 hours after the email is sent,

unless the User is notified that the email address is invalid or the email is undeliverable, in which case the notice is not deemed to be given to DeliveryTasker.

 

21.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

 

 

22. MEDIATION AND DISPUTE RESOLUTION

 

22.1 DeliveryTasker encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that DeliveryTasker may, in its sole and absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.

 

22.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.

 

22.3 DeliveryTasker may elect to assist Users resolve disputes. Any User may refer a dispute to DeliveryTasker. You must co-operate with any investigation undertaken by DeliveryTasker. DeliveryTasker reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or DeliveryTasker's determination in an applicable court or tribunal.

 

22.4 DeliveryTasker has the right to hold any Shift Payment that is the subject of a dispute in the Payment Account, until the dispute has been resolved.

 

22.5 Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

 

22.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.

 

22.7 If DeliveryTasker provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to DeliveryTasker for any costs, losses or liabilities incurred by DeliveryTasker in relation to any claims relating to any other use of information not permitted by this Agreement.

 

 

23. TERMINATION

 

23.1 Either You or DeliveryTasker may terminate your account and this Agreement at any time for any reason.

 

23.2 Termination of this Agreement does not affect any Shift Contract that has been formed between Users.

 

23.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.

 

23.4 Sections 4, 5, 17, 22 and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

 

23.5 If Your account or this Agreement are terminated for any reason, then You may not without DeliveryTasker's consent (in its sole and absolute discretion) create any further accounts with DeliveryTasker and we may terminate any other accounts You operate.

 

23.6 You may terminate your account held with any other Third Party Service provider, including our Payment Provider, in accordance with their respective terms and conditions. DeliveryTasker will not be liable to assist or be held responsible for the termination of your account (if any) with any Third Party Service provider or our Payment Provider.

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