Driver Agreement To Use Move It Now For Its Services
TERMS AND CONDITIONS
Last Revised date: 27/02/19.
1.1.1 Definitions. In these Terms and Conditions, unless the context requires otherwise: Approvals means any certificate, licence, consent, permit, approval or other requirement of any Authority having jurisdiction in connection with the activities contemplated by this Agreement.
Authority means any government, semi-governmental, statutory, administrative, fiscal or judicial body, department, commission, authority, tribunal, public or other person.
Booking Fee means the Fee payable to MoveItNow as specified in the Commercial Details.
Business Day means a day which is not a Saturday, Sunday or public holiday in Victoria.
Claim includes any claim, including a notice, demand, debt, account, action, expense, damage, loss, cost, lien, liability, proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown, current or contingent.
Commercial Details mean the commercial details attached to these terms and conditions or as displayed to or completed by the Delivery Professional on the Website.
Customer means a party seeking Transportation Services that is connected to a Delivery Professional using the Platform.
Customer’s Goods means the goods of a Customer which is being moved using the Transportation Services.
Delivery Professional means the Delivery Professional described in the Commercial Details.
Transportation Services means the services to be provided by a Delivery Professional, using the Delivery Professional’s Vehicle and equipment (as necessary) to a Customer involving the pickup, transportation and delivery of the Customers Goods.
Delivery Zone means the areas in which the Delivery Professional is available to provide the Transportation Services as specified in the Commercial Details.
Event of Default means an event of default described in clause 9.1.1.
Force Majeure Event means an act of God, fire, lightning, earthquake, explosions, flood, subsidence, insurrection or civil disorder or military operations or act of terrorism, expropriation, strikes, lock-outs or other industrial disputes of any kind not relating solely to the party affected, and any other event which is not within the reasonable control of the party affected but does not include any act or omission of the other party.
GST has the meaning given in GST Law.
GST Law has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Insolvency Event means the happening of any one or more of the following events:
Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental.
MoveItNow Services means the provision of access and use of the Platform that connects Delivery Professionals with Customers seeking to book Transportation Services.
Platform means the Website or any other application through which MoveItNow provides the MoveItNow Services.
Related Entity has the meaning given to that term in section 9 of the Corporations Act.
Special Conditions means any special conditions set out in the Commercial Details.
State means the state in which the Vehicle is registered and primarily operated by the Delivery Professional.
Taxes means any tax, levy, charge, impost, rates, duty, fee, deduction, compulsory loan or withholding tax which is (or is able to be) assessed, levied, imposed or collected by or payable to any Authority and includes, but is not limited to, any interest, fine, penalty, charge, fee or other amount imposed or made on or in respect of the above.
Transport Capabilities means the capabilities of a Delivery Professional as specified in the Commercial Details or updated from time to time by a Delivery Professional through the Platform.
Transportation Fee means the fees (including the minimum charge and any additional charges that may be incurred or negotiated with the Customer) payable by the Customer to the Delivery Professional, as updated or agreed from time to time in consideration of the Delivery Professional providing the Transportation Services.
Vehicle means the Vehicle described in the Commercial Details.
Website means www.MoveItNow.com.au and includes any sub-domains, payment portals and other domains hosted by MoveItNow in connection with the Services.1.1.2 Interpretation
In these Terms and Conditions:
The headings are for ease of reference only and do not affect the interpretation of this Agreement.
2.1.1 The Delivery Professional agrees to engage MoveItNow to provide the MoveItNow Services and MoveItNow agrees to provide the MoveItNow Services to the Delivery Professional on the terms of this Agreement.
3.1.1 The Delivery Professional warrants and agrees that at the date of this Agreement and at all times during the Term:
3.1.2 The Delivery Professional must at all times during the Term:
3.1.3 The Delivery Professional must obtain and maintain insurance for its Vehicle and its Delivery Professionals as required by law. MoveItNow requires the Delivery Professional to supply MoveItNow with evidence (certificates of currency and/or policies) of their insurance including but not limited to Public Liability, Motor Vehicle and Goods in Transit Insurance.
3.1.4 The Delivery Professional must pay all expenses and Taxes in connection with this Agreement and the operation of the Vehicle.
3.1.5 The Delivery Professional must immediately notify MoveItNow if the Vehicle breaks down or is otherwise not able to begin or complete a Booking.
3.1.6 The Delivery Professional will provide immediate written notice to MoveItNow if the Delivery Professional becomes aware that a representation, warranty or undertaking given by the Delivery Professional under this clause 3 has become untrue or misleading.
3.1.7 The Delivery Professional acknowledges that MoveItNow entered into this Agreement with the Delivery Professional in reliance on the representations and warranties set out in this clause 3.
3.1.8 The Delivery Professional is responsible for all expenses incurred in providing the Delivery Services including but not limited to running costs of the Vehicle, tolls and fines.
3.1.9 The Delivery Professional acknowledges and agrees that they have read, understand and agree to be bound by the User Terms and Conditions, which for the avoidance of doubt, form part of this Agreement.
4.1.1 MoveItNow will notify the Delivery Professional through the Platform when a request for Transportation Services is received from a Customer and such a request matches the Transport Capabilities of a Delivery Professional (Booking Request).
4.1.2 The first Delivery Professional to accept a Booking Request and be confirmed (such confirmation not to be unreasonably withheld) by MoveItNow shall have the right to provide the Delivery Services for that Booking Request.
4.1.3 MoveItNow must provide the Delivery Professional access to the Platform and use all reasonable endeavours to maintain the Platform and keep the Platform live.
5.1.1 MoveItNow is entitled to the Booking Fee in accordance with clause 13 of the User Terms and Conditions.
5.1.2 The balance of the Transportation Fee shall be payable to the Delivery Professional in accordance with clause 13 of the User Terms and Conditions.
5.1.3 If the Delivery Professional is in breach of this Agreement or owes any amount to MoveItNow (whether under these terms and conditions or otherwise), MoveItNow may, in its sole discretion and without prejudice to any of its other rights, withhold or set-off that amount against any amount owing by MoveItNow to the Delivery Professional.
To the maximum extent permitted by law, MoveItNow will not be liable for any Claim or Loss arising in connection with this Agreement, the use of the MoveItNow Services by the Delivery Professional, or the undertaking of the Transportation Services by the Delivery Professional, whether arising in negligence, from breach of contract or otherwise.
7.1.1 To the extent permitted by law, the Delivery Professional agrees to use the MoveItNow Services at its own risk. The Delivery Professional agrees that MoveItNow bears no responsibility or liability for any Claim Loss to any of the Delivery Professional’s property (including the Vehicle).
7.1.2 To the fullest extent permitted by law the Delivery Professional releases and discharges MoveItNow and its agents and employees from:
7.1.3 The Delivery Professional indemnifies and holds MoveItNow, its Related Entities, agents and employees harmless to the full extent permitted by law for any Claim or Loss whatsoever arising in connection with this Agreement.
8.1.1 This Agreement commences on the Commencement Date and continues until terminated in accordance with this Agreement.
9.1.1 Each of the following events is an Event of Default, namely:
9.1.2 If an Event of Default occurs MoveItNow may at its option:
9.1.3 Where MoveItNow considers that an Event of Default constitutes a breach of a fundamental term of this Agreement, in addition to any other rights, MoveItNow may give written notice to the Delivery Professional confirming that the Agreement has been repudiated by the Delivery Professional and MoveItNow may pursue all remedies available to it in connection with such repudiation.
9.1.4 Without prejudice to MoveItNow’ right to pursue the Delivery Professional for Loss arising from a breach of this Agreement, upon termination under this clause 9 the Delivery Professional must immediately pay MoveItNow all amounts owing under this Agreement.
10.1.1 Neither party will be liable for any loss incurred as a result of delay or failure to observe any of these Terms and Conditions due to an event of Force Majeure. The parties’ obligations under these Terms and Conditions will be suspended and will resume as soon as the cause of the Force Majeure has ceased to have effect.
11.1 Taxable Supply
If the supply of goods or services by one party (Supplier) to another party (Recipient) under this Agreement is a taxable supply, then the amount due to the Supplier for that supply will be the sum of:
11.2 Tax Invoice
The Recipient’s obligation to pay to the Supplier the amount by which consideration is increased under clause 11.1 is subject to the Supplier first providing to the Recipient a tax invoice conforming with the requirements of GST law.
11.3 Penalties and Interest
If a party becomes liable for any penalties or interest as a result of a late payment of GST, where that late payment is as a direct result of a failure of another party to comply with the terms of this clause 11, that other party shall pay to the first party an additional amount on demand equal to the amount of those penalties and interest.
In this clause 11, any expression used that is defined in GST law has that defined meaning.
12.1.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings and communications, whether written or oral.
12.1.2 Except as required by law, the Delivery Professional must not disclose to any person without MoveItNow’ prior written consent the existence of, or details in, the Agreement or any other information MoveItNow gives the Delivery Professional.
12.1.3 The Delivery Professional may not, without the prior written consent of MoveItNow, assign, transfer or grant any security interest over, its right, title and interest in or to the Agreement to any person (or agree or purport to do so).
12.1.4 A notice under this Agreement must be in writing by mail or email to the recipient.
12.1.5 MoveItNow may, without the prior written consent of the Delivery Professional, assign, transfer or grant any security Interest over, its right, title and interest in or to the Agreement to any person (or agree or purport to do so).
12.1.6 If any provision of the Agreement is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of these terms and conditions.
12.1.7 All waivers must be in writing. A single or partial exercise or waiver by a party of a right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other right.
12.1.8 Except where this Agreement expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties and the Delivery Professional is solely responsible for all tax withholding or payment in connection with any money paid to the Delivery Professional through the MoveItNow Services.
12.1.9 Clauses 1, 3, 4, 6, 7, 11, 12 and all indemnities survive expiration or termination of this Agreement.
12.1.10 The Agreement is governed by and is to be construed in accordance with the laws applicable in Victoria, Australia.