Welcome to MeowX Go! We provide an on-demand local delivery platform for booking delivery jobs (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 User. 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 App or website) 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 1.5 (Variations) which sets out how we may amend these Terms; and
clause 12 (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.
1.3We will not be responsible for any other services unless expressly set out in these Terms or on our App.
1.4If 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.
1.5We 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.App Summary
2.1Our App allows Users to request delivery jobs and be matched with assigned Drivers who will perform the delivery job.
2.2Users may submit requests for deliveries of specific items 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 item;
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.
2.3Requests will be automatically assigned to a Driver. If the Driver accepts the Request, it will become a confirmed order (Delivery Job).
2.4Once 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.
2.5To request a modification to a Delivery Job, please contact us or your assigned Driver through the App. Where you contact us, we will do our best to accommodate your request, but cannot guarantee all modifications, especially those made close to or during the delivery. All Delivery Job modifications will be implemented through the App and may result in an adjustment to the Delivery Price.
2.6Users 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.
2.7We 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.
2.8Upon termination of these Terms:
(a)for Users, their existing Requests will be removed; and
(b)any Delivery Jobs will continue until completed or cancelled.
3.Items and Deliveries
3.1You must accurately describe the item to be delivered and refrain from misrepresenting its nature, size, weight or value.
3.2You may request that the Driver provide proof of delivery in your Request or by negotiating a modification to a Delivery Job.
3.3Where we provide a delivery PIN mechanism, we may request the item recipient’s email or mobile number to send them a delivery PIN. The recipient must provide the PIN to the Driver before the Driver can release the item. By providing the recipient’s contact details, you warrant and agree that you have the recipient’s consent to provide us and the Driver with their contact details for the purpose of us providing the delivery PIN and the Driver contacting them about their delivery. You are responsible for ensuring that the recipient’s contact details are correct. If you have provided the wrong contact details, you must contact us via the App.
3.4Restricted and Excluded Items: You must not request delivery of any items listed in our Prohibited Items Policy (available on our App), items that the Driver cannot lawfully collect and/or deliver, or items that you cannot lawfully receive. By placing a delivery request, you confirm that the item does not fall within any prohibited or restricted category and can be lawfully delivered in accordance with the Delivery Job.
3.5We may cancel any Delivery Job that we reasonably suspect involves a prohibited or restricted item, and may charge you a cancellation fee, as set out in our cancellation policy.
4.Account
4.1You must sign up for an Account in order to access and use the App.
4.2While 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.
4.3If you close your Account, you will lose access to the App.
5.Fees
5.1In 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.
5.2Our payments methods will be set out at the time you submit a Request. If you choose to pay the Delivery Price and our Service Fee using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
5.3You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the App by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
5.4If any fees due under these Terms or as a result of your use of the App are not paid on time, we may:
(a)suspend your access to the App; and
(b)charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
5.5You are responsible for paying any levies or taxes associated with your use of the App, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
6.Licence
6.1During 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.
6.2You 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 or interrupt the supply of the App, or 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.
7.Availability, Disruption and Downtime
7.1While 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.
7.2The 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.
7.3We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the App.
8.Intellectual Property and Data
8.1We own all intellectual property rights in the App. This includes how the App looks and function, 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.
8.2We 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
8.3We 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).
8.4You 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.
8.5You 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.
8.6When 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.
8.7If you do not provide Your Data to us, it may impact your ability to receive the App.
8.8This clause 8 will survive the termination or expiry of these Terms.
9.Confidential Information and Personal Information
9.1While 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.
9.2However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
9.3We 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.
9.4You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
9.5We 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).
9.6Where 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.
9.7This clause 9 will survive the termination or expiry of these Terms.
10.Consumer Law Rights
10.1In 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.
10.2If 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)).
10.3This clause 10 will survive the termination or expiry of these Terms.
11.Cancellations and Disputes between Drivers and Users
11.1This clause is subject to (and any refunds must comply with) (as applicable) Apple’s Refund Policy and Google Play Refund Policy.
11.2Cancellations: 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.
11.3Disputes 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.
11.4Lost, 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 11.5 will apply.
11.5Investigations: 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 Drivers about unfulfilled Delivery Jobs, 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 items;
(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 determine (in our reasonable discretion) that an item has been lost, stolen, damaged or undelivered, 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 those fees are a debt due and payable by Drivers to us which we may deduct from any future payments made in favour of the Drivers via the App.
You may have Consumer Law Rights in addition to any remedy we offer under this clause, and nothing in this clause limits or excludes those rights.
12.Liability
12.1To 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.
12.2Regardless of whatever else is stated in these Terms, subject to your Consumer Law Rights, 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;
where you have declared the value of an item, our liability to you for any Liability arising from or in connection with any loss, theft, damage or non-delivery of that item is limited to the declared value of the item;
our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the total amount of any Delivery Prices and Service Fees paid by you to us in the 12 months preceding the event that gave rise to the relevant Liability, and where no Delivery Prices or Service Fees have been paid, AU$1000.
12.3This clause 12 will survive the termination or expiry of these Terms.
13.Notice Regarding Apple
13.1To 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.
13.2Apple has no obligation to furnish you with any maintenance and support services with respect to the App.
13.3If our mobile application 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.
13.4Apple 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.
13.5Apple 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.
13.6You agree to comply with any applicable third-party terms when using our mobile application.
13.7Apple 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.
13.8You 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.
14.Suspension and Termination
Suspension
14.1We may suspend your access to the App where we reasonably believe:
(a)there has been any unauthorised access to or use of the App (such as the unauthorised sharing of login details for the App);
(b)you have placed a Request or Delivery Job for a prohibited or restricted item;
(c)you have provided false or misleading information in connection with a Request or Delivery Job;
(d)you have engaged in illegal or unsafe behaviour; or
(e)you have breached these Terms.
14.2If 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
14.3We may terminate these Terms (meaning you will lose access to the App) if:
(a)you fail to pay your fees when they are due;
(b)you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c)you breach these Terms and that breach cannot be remedied;
(d)we decide to discontinue the App, in which case we will provide you with at least 90 days’ written notice; or
(e)you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
14.4You 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.
14.5You 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 15.8), and termination will take effect immediately.
14.6Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
14.7Termination of these Terms will not affect any other rights or liabilities that we or you may have.
14.8This clause 14 will survive the termination or expiry of these Terms.
15.General
15.1Assignment: 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.
15.2Disputes: 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.
15.3Events 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.
15.4Governing 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.
15.5Illegal 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.
15.6Marketing: 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.
15.7Nature 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.
15.8Notices: 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.
15.9Professional 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.
16.Definitions
16.1In 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.
Driver Payout means the payout that the Driver receives for performing a Delivery Job.
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 5.1.
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.