Welcome to MeowX Driver! We provide an on-demand local delivery platform where Drivers can perform delivery jobs for Users (App).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean MeowX Pty Ltd (ABN 91 698 182 580).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a Driver or potential Driver. You cannot use the App unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
our privacy policy (on our website or App) which sets out how we will handle your personal information;
our Cancellation, Refund and Claims Policy (available on our App) which sets out whether you can cancel Delivery Jobs and our cancellation, wait-time and return fees;
our Prohibited Items Policy (available on our App) which sets out which items cannot be delivered through our App;
clause 1.6 (Variations) which sets out how we may amend these Terms;
clause 13 (Cancellations, Lost or Damaged Items, and Disputes between Drivers and Users) which sets out that where we determine an item has been lost, stolen, damaged or undelivered, we may refund any amount paid by the User and recover that amount from you, including by deducting it from future payments owed to you via the App; and
clause 14 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the App, or for featuring certain goods or services on the App.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1.Engagement and Term
1.1These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their terms (Term).
1.2Subject to your compliance with these Terms, we will provide you with access to the App.
1.3Before you can receive, accept and complete Delivery Jobs, you must complete our onboarding process and meet our eligibility criteria, as set out in clause 2.
1.4We will not be responsible for any other services unless expressly set out in these Terms or on our App.
1.5If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
1.6We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the App.
2.Onboarding and Eligibility Criteria
2.1Eligibility Criteria: Before you can have an Account, you must:
(a)complete our driver onboarding declaration, provided via the App;
(b)pass our identity verification process (Identity Check). We may conduct this process ourselves or through a third party;
(c)hold all required vehicle registrations and licences to provide Delivery Jobs;
(d)have a clean driving record; and
(e)hold and maintain valid vehicle insurance, as required by law,
(Eligibility Criteria).
2.2You agree to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity). Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.
2.3If you do not pass the Identity Check or meet the Eligibility Criteria, we may refuse to allow you to create an Account or use the App.
3.App Summary
3.1Our App allows Users to request delivery jobs and be matched with assigned Drivers who will perform the delivery job.
3.2Users may submit requests for deliveries of specific goods via the App (Requests). The fee payable by the User for the delivery of the item (Delivery Price) and our Service Fee will be displayed on the App at the time of submitting a Request. By posting a Request, Users:
confirm that they are or the nominated recipient is (as applicable) legally entitled to receive the relevant goods;
warrant that all the information in their Request is accurate, complete and up to date;
agree to include all relevant details in the Request (including a description of the item, the collection address, and delivery address);
must declare the value of high-valued items (as set out in our Prohibited Items Policy); and
agree to communicate and cooperate with the assigned Driver to arrange deliveries.
3.3Requests will be automatically assigned to a Driver and will show the amount that the Driver will receive for completing the Request (Driver Payout). If the Driver accepts the Request, it will become a confirmed order (Delivery Job).
3.4Once a Delivery Job is confirmed, Users must provide all required collection details, authority, reference numbers, QR codes, passcodes or written authorisations before the Driver attends the pick-up location. The User is responsible for ensuring that the item can lawfully be collected by the Driver.
3.5If a User requests modifications to a Delivery Job after you have accepted it:
(a)for minor changes that do not significantly alter the Delivery Job duration or distance, you should accommodate the request if possible;
(b)for substantial changes, you should contact us via the App;
(c)any agreed modifications may result in an adjustment to the Delivery Price and Driver Payout which will be calculated and displayed in the App.
3.6Users and Drivers must not use our App to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our App.
3.7We may, at any time (at our sole discretion and without any Liability), remove any Requests, including where we consider a Request:
is illegal or offensive; and/or
contains graphic, inappropriate or unlawful content.
3.8Upon termination of these Terms:
(a)for Users, their existing Requests will be removed; and
(b)any Delivery Jobs will continue until completed or cancelled.
4.Driver Conduct, Safety and Equipment
4.1You must comply with all applicable laws when performing Delivery Jobs, including road safety laws and road rules, work health and safety laws, and any other laws applicable to your transport method and the items being delivered.
4.2You must maintain your vehicle, bicycle, e-bike or other transport method in a safe and roadworthy condition and ensure that you obtain and maintain any required vehicle registration and licences.
4.3Where required by law or our Driver policies, you must use appropriate safety and delivery equipment, which may include reflective or high-visibility clothing, delivery bags, insulated bags or other equipment. We may update equipment standards in our policies from time to time by written notice.
4.4You must not use non-navigation or non-essential App functions while driving or riding. You must stop safely before using in-app chat, managing delivery issues, handling PIN verification, contacting recipients or managing failed delivery options.
4.5You are responsible for ensuring your device is sufficiently charged and has adequate network and location access to complete accepted deliveries. If your device battery is critically low or location access is unavailable, we may pause or reduce the Requests that are available to you via the App and you should not accept new Delivery Jobs.
4.6If an active Delivery Job is interrupted because your device battery dies, you disable location access or you become unreachable, you remain responsible for the safe handling of any items in your possession and must contact the User as soon as practicable.
5.Deliveries
5.1Post Office and Third-Party Collection: Where a Delivery Job involves collection from a post office or third-party collection point, you must seek all required collection details, authority, and access information from the User. If the third party refuses to release the item, you may coordinate with the User to arrange an alternative option or cancel the Delivery Job. If you cancel, you must mark the delivery as unable to proceed in the App.
5.2Restricted and Excluded Items: You must not accept or carry any items listed in our Prohibited Items Policy (available on our App) or items that you cannot lawfully collect and/or deliver. We may cancel any Delivery Job that we reasonably suspect involves a prohibited or restricted item.
5.3Proof of Delivery: You must complete proof of delivery in the manner required by the App, our policies and the Delivery Job, which may include a delivery PIN, recipient signature, photograph, or other confirmation method. Where a delivery PIN is required, you must obtain the correct PIN from the recipient before releasing the item and must not release the item to anyone who cannot provide the correct PIN.
6.Account
6.1You must sign up for an Account in order to access and use the App.
6.2While you have an Account with us, you agree to:
(a)keep your information up-to-date (and ensure it remains true, accurate and complete);
(b)keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c)notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
6.3If you close your Account, you will lose access to the App.
7.Fees and Payouts
7.1In consideration for us providing the App, we will charge the Delivery Price and a service fee to Users as set out on our App at the time of confirmation and payment for the Delivery Job (Service Fee). The Service Fee is not included in the Delivery Price and must be paid separately. Where applicable, payment processing fees may also be charged separately and will be disclosed on the App at the time of confirmation and payment.
7.2Payments to Drivers for their Driver Payouts will be processed weekly through our third-party payment processor and distributed to the bank account they have provided. Payout processing times are estimates only and may be delayed by public holidays or bank processing times. If you do not receive a Driver Payout, you must promptly notify us.
8.Licence
8.1During the Term, we grant you a right to use our App in accordance with these Terms. This right cannot be passed on or transferred to any other person.
8.2You must not:
access or use the App in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
interfere with the App or interrupt any other person’s access to or use of the App;
introduce any viruses or other malicious software code into the App;
use any unauthorised or modified version of the App, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the App;
attempt to access any data or log into any server or account that you are not expressly authorised to access;
use the App in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
access or use the App to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
9.Availability, Disruption and Downtime
9.1While we strive to always make the App available to you, we do not make any promises that it will be available 100% of the time. The App may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
9.2The App may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
9.3We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the App.
10.Intellectual Property and Data
10.1We own all intellectual property rights in the App. This includes how the App looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the App.
10.2We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
10.3We do not own any of Your Data, but when you enter or upload any of Your Data into the App, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the App (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a)supply the App to you (for example, to enable you to access and use the App), and otherwise perform our obligations under these Terms;
(b)diagnose problems with the App;
(c)improve, develop and protect the App;
(d)send you information we think may be of interest to you based on your marketing preferences;
(e)perform analytics for the purpose of remedying bugs or issues with the App; or
(f)perform our obligations under these Terms (as reasonably required).
10.4You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
10.5You are responsible for (meaning we are not liable for):
(a)the integrity of Your Data on your systems, networks or any device controlled by you; and
(b)backing up Your Data.
10.6When you use the App, we may create anonymised statistical data from Your Data and usage of the App (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the App, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
10.7If you do not provide Your Data to us, it may impact your ability to receive the App.
10.8This clause 10 will survive the termination or expiry of these Terms.
11.Confidential Information and Personal Information
11.1While using the App, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
11.2However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
11.3We collect, hold, disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our App or website, and applicable privacy laws.
11.4You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
11.5We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
11.6Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
11.7This clause 11 will survive the termination or expiry of these Terms.
12.Consumer Law Rights
12.1In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
12.2If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
12.3This clause 12 will survive the termination or expiry of these Terms.
13.Cancellations, Lost or Damaged Items, and Disputes between Drivers and Users
13.1This clause is subject to (and any refunds must comply with) (as applicable) Apple’s Refund Policy and Google Play Refund Policy.
13.2Cancellations: Users and Drivers may cancel a Delivery Job in accordance with our Cancellation, Refund and Claims Policy (available on our App). Cancellations, wait-times, failed deliveries, and deliveries involving prohibited items may incur a fee.
13.3Disputes between Users and Drivers: We encourage Users and Drivers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our App or through external communication methods. In the event that a dispute cannot be resolved through these means, Users and Drivers may choose to resolve the dispute through other means, such as mediation.
13.4Lost, Stolen, Damaged or Undelivered Goods: If a User’s items are lost, stolen, damaged or undelivered, you may notify us via the App. The Driver is responsible for delivering the User’s item with reasonable care. However, as a minimum standard, we may investigate incidents. If we decide to investigate, clause 13.5 will apply.
13.5Investigations: If Drivers fail to deliver items in accordance with the Delivery Job or items are lost, stolen, or damaged, and Users have made an effort to communicate with the assigned Driver, then we may investigate the incident. Users and Drivers agree to cooperate with our investigation and provide evidence upon request (including proof of pickup and proof of delivery), and:
(a)we may suspend or terminate a Driver’s access to the App where we reasonably suspect that the Driver has lost, stolen, damaged or failed to deliver the item(s);
(b)we may issue a credit to the User's Account for the whole or part of the amount paid by the User in respect of the relevant Delivery Job; and/or
(c)where we reasonably determine that the Driver has lost, stolen, damaged or failed to deliver the item(s), we may process a refund of the whole or part of the amount paid by the User. Where we have remitted any portion of the Driver Payout to the Driver, that amount will become a debt due and payable by the Driver to us, which we may deduct from any future payments made in favour of the Driver via the App. Any relevant Service Fees are still due to us even where we have refunded Users and are a debt due and payable by the Driver to us which we may deduct from any future payments made in favour of the Drivers via the App.
14.Liability
14.1To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
prohibited or restricted items;
your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);
your failure to comply with any app store requirements of Apple Inc. or the Google Play Store; or
any use of the App by a person or entity other than you.
14.2Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
neither we nor you are liable for any Consequential Loss;
a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(where the App is not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the App again or paying the cost of having the App supplied again; and
our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.
14.3This clause 14 will survive the termination or expiry of these Terms.
15.Notice Regarding Apple
15.1To the extent that you are using or accessing the App on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the App and any content available on the App.
15.2Apple has no obligation to furnish you with any maintenance and support services with respect to the App.
15.3If our mobile App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
15.4Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
15.5Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
15.6You agree to comply with any applicable third-party terms when using our mobile App.
15.7Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
15.8You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
16.Suspension and Termination
Suspension
16.1We may suspend your access to the App where we reasonably believe:
(a)you have lost, stolen, damaged, or failed to deliver a User’s item;
(b)there has been any unauthorised access to or use of the App (such as the unauthorised sharing of login details for the App);
(c)you no longer meet the Eligibility Criteria;
(d)you have engaged in illegal or unsafe behaviour (including by failing to comply with applicable laws and road rules); or
(e)you have breached these Terms.
If we suspend your access to the App, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the App will end.
Termination
16.2We may terminate these Terms (meaning you will lose access to the App) if:
(a)you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(b)you breach these Terms and that breach cannot be remedied;
(c)we decide to discontinue the App, in which case we will provide you with written notice; or
(d)you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
16.3You may terminate these Terms if:
(a)we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b)we breach these Terms and that breach cannot be remedied.
16.4You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 17.8), and termination will take effect immediately.
16.5Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
16.6Termination of these Terms will not affect any other rights or liabilities that we or you may have.
16.7This clause 16 will survive the termination or expiry of these Terms.
17.General
17.1Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
17.2Disputes: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a)where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b)where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
17.3Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the App), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
17.4Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
17.5Illegal Requests: We reserve the right to refuse any request for or in relation to the App that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
17.6Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
17.7Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
17.8Notices: Any notice you send to us must be sent to the email set out on our App. Any notice we send to you will be sent to the email address registered against your Account.
17.9Professional Services Disclaimer: The App and any material, information or data provided via the App does not constitute, and are not a substitute for, financial, legal or risk management advice.
18.Definitions
18.1In these Terms:
Account means an account accessible to the individual or entity who signed up to the App.
App means the app we provide to you, as detailed at the beginning of these Terms.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the App will not constitute “Consequential Loss”.
Driver means an independent rider or courier who has completed our onboarding process and is eligible to accept and complete delivery jobs through the App.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Service Fee has the meaning given in clause 7.1.
User means an individual or entity who has registered for an Account on our App and who places delivery Requests.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when accessing the App or stored by or generated by your use of the App, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the App. Your Data does not include any data or information that is generated as a result of your usage of the App that is a back-end or internal output or an output otherwise generally not available to users of the App.