Driver Agreement To Use Move It Melbourne For Its Services
Agreement for Delivery Owner/Drivers to Engage MoveItMelbourne For Its Services
Last Revised: 08/06/18
This Agreement for Delivery Owner/Drivers to Engage MoveItMelbourne for Its Services (this “Agreement”) constitutes a binding contract between you (“you”, “Delivery Professional”) and Move It Melbourne Pty Ltd and our affiliates and subsidiaries (“MoveItMelbourne”, “us”, or “we”) governing your use of the Service for marketing, sales, and other services for delivery service entrepreneurs.
Capitalized terms used but not defined in this Agreement have the meaning specified in the EULA. The parties hereby agree as follows:
1. MoveItMelbourne Services.
MoveItMelbourne will make commercially reasonable efforts to provide the following services to you (the “MoveItMelbourne Services”):
1. Site Listing. MoveItMelbourne may list your services via the Service, which may include your biography and other information provided by you and approved by MoveItMelbourne. MoveItMelbourne will share your name and phone number with Customers.
2. Engagement Service. MoveItMelbourne will provide a Web and mobile based engagement system via the Service, through which Customers that use the Service can engage you to perform a Project. You may accept, reject, or ignore any available Project within the days, times, and locations for which you have indicated you have availability to complete Projects (“Availability”) at your sole discretion.
3. Recordkeeping Service. For payment processing and administrative purposes, MoveItMelbourne will maintain general records of Projects performed by you for Customers.
4. Administrative, Management, and Technology Services. MoveItMelbourne will provide miscellaneous administrative and management services to facilitate your business, including the technology and operations necessary to communicate with you and your Customers.
5. Billing Service. MoveItMelbourne will provide an online billing and payment system for you to bill your Customers. MoveItMelbourne uses Stripe for payment processing services. By using the Stripe payment processing services you agree to the Stripe Connected Account Agreement available at https://stripe.com/au/connect-account/legal, and the applicable bank agreement available at https://stripe.com/payment-terms/legal
6. Customer Service. MoveItMelbourne will provide operators to field your Customers’ complaints, communicate with you, and refund requests as appropriate.
2. Exclusions from the Service.
The Service only relates to the MoveItMelbourne Services described above. The Service does not include anything related to picking-up or delivering objects. You are solely responsible for all of your own tools, equipment, training, licensing, and other materials or requirements related to pick-up or delivery in connection with Projects. MoveItMelbourne is not, and will not be, responsible for any liability arising out of the pick-up or delivery services you provide, including, but not limited to, injuries to Customers or traffic accidents occurring during a Project. MoveItMelbourne will also not have any input into your work schedule, time off, or other control over your performance of your work.
3. Your Responsibilities.
You will supply MoveItMelbourne with a copy of your current driver’s licence, other applicable licences, and any relevant professional certifications. If you elect to use a Car (as defined below) to perform Projects, we may also ask you to provide additional information. You may be required to provide other information we need in order to verify your identity or capacity as an independent delivery owner/driver with your own business. You represent that all information you provide is accurate and complies with relevant law, and, during the term of this Agreement, will immediately notify MoveItMelbourne of any change in contact, certification, licensing, or insurance information. You assume complete responsibility for all services provided to each Customer and for compliance with all laws, regulations, and standards pertaining to your services. You represent that you are (a) free to enter into this Agreement and perform each of its terms, (b) not restricted (contractually or otherwise) from entering into and performing this Agreement, and (c) not subject to, and will immediately notify MoveItMelbourne of, any suit, action, claim, arbitration, or legal, administrative, or other proceeding, or government or professional investigation, pending or threatened or affecting your ability to perform services under this Agreement.
4. Projects; Payment
1. Projects. If a Project becomes available in your Availability, you may be notified of the opportunity via the Service. If you accept a Project, and your acceptance is confirmed by MoveItMelbourne, you will notify MoveItMelbourne, through the functionality provided via the Service, when you arrive at the Project and when the Project is completed to enable MoveItMelbourne to perform the MoveItMelbourne Services, including payment processing. All Delivery Owner/Drivers within the applicable zone of service may get the opportunity to accept the Project. The first Delivery Owner/Driver to respond with acceptance of the available Project and to have that response confirmed by MoveItMelbourne will be confirmed as the provider of that Project.
2. Payment. The Projects that you will be notified of via the Service are those for Customers who have agreed to accept the fees calculated by the Service based on the specific Project details submitted by the applicable Customer (the “Base Fee”). You are entitled to negotiate additional fees or gratuities with Customers. You are responsible for any expenses incurred in the normal course of completing your Project, including, without limitation, any tolls. On a weekly basis, MoveItMelbourne will transfer to you, through the payment account you specify via the Service, the Base Fee for all eligible Projects completed during the prior week, less the charge for your use of the Service, which will be set forth on the Service (the “MoveItMelbourne Fee”).
3. Expenses. Except as otherwise specifically provided herein, you and MoveItMelbourne will each bear your own expenses relating to this Agreement and performance under this Agreement.
4. Claims. If a claim is filed against you with MoveItMelbourne’s insurance provider or MoveItMelbourne is otherwise required to pay for damages caused by you, in MoveItMelbourne’s sole discretion, MoveItMelbourne may charge you any or all of the deductible or other out-of-pocket expenses MoveItMelbourne is required to pay as a result of that claim.
5. Cancellations. If a delivery owner/driver accepts a project and cancels or does not complete the Project as scheduled three times in a one year period, MoveItMelbourne may at its discretion impose penalties that include: (a) temporary suspension of your MoveItMelbourne account; (b) monetary fines not to exceed $50; (c) permanent deactivation of your MoveItMelbourne account. Monetary fines will be due the same day of the cancellation. MoveItMelbourne is authorized to collect these fines by charging the credit card on file or deducting from future payments for Services provided to MoveItMelbourne customers.
6. Nonpayment/Disputes. If a customer disputes the time of service or other fees that a Delivery Owner/Driver has submitted to MoveItMelbourne, the payment to Delivery Owner/Driver may be withheld pending the outcome of an investigation by MoveItMelbourne to determine if the fees are appropriate. If the customer refuses to pay fees over and above the estimated amount, MoveItMelbourne will investigate to determine if the fees submitted by the Delivery Owner/Driver are accurate. If MoveItMelbourne determines that the fees are accurate MoveItMelbourne will attempt to collect any fees owed by the customer. In cases where the full fees can not be collected, MoveItMelbourne will pay out to Delivery Owner/Driver at least 80% of the Authorized Amount collected from the customer at the time of booking. The Authorized Amount will equal $100 or the estimated delivery fees (whichever is greater) as determined by MoveItMelbourne and agreed to by customer before they request a Delivery Owner/Driver.
5. Representations and Warranties; Indemnity.
You represent, warrant, and covenant to MoveItMelbourne that: (a) you are at least 18 years of age; (b) you possess a valid driver’s licence and are authorized to operate a motor vehicle; (c) you own, or have the legal right to operate, the motor vehicle(s) or bicycle(s) you intend to use or do actually use for Projects (each, a “Car”), and maintain all legally mandated registrations and insurances for such vehicle; (d) in the event of any claim or accident, you will be solely responsible for reporting that accident in compliance with applicable law and your insurance policy; (e) you are solely responsible for any and all liability that results from or is alleged as a result of the operation of the Car you use during a Project, including, but not limited to personal injuries, death, and property damage; (f) if you lift or otherwise move any Item, you do so at your own risk and MoveItMelbourne has no liability for any claim, loss, or damage related thereto; (g) you will not make any representations regarding MoveItMelbourne or the Service; (h) you will not, under any circumstances transport any items that would violate local or federal laws (i) you will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any applicable law, rule or regulation. You will indemnify MoveItMelbourne from and against any damages resulting from your performance of Projects, including any personal injury, property damage, or death.
6. Your Business.
You affirm that you hold a current Australian Business Number (ABN) and had clients for whom you performed pick-up and delivery prior to entering into this Agreement.
7. Confidential Information.
You must keep MoveItMelbourne’s confidential information absolutely confidential, except as required or provided by law, including but not limited to information about other users of the Service, Items, photos relating to the Service or Customers, and MoveItMelbourne’s business model. This section does not apply to information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by MoveItMelbourne; (b) becomes publicly known and made generally available after disclosure by MoveItMelbourne to you through no action or inaction on your part, (c) is already in your possession at the time of disclosure, as shown by your files and records; or (d) is obtained by you from a third party without a breach of the third party’s obligations of confidentiality.
8. Nature of Relationship.
Neither this Agreement, MoveItMelbourne’s provision of the Services and performance of the MoveItMelbourne Services, nor your performance of Projects will create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee, between you and MoveItMelbourne. You will be solely responsible for all tax withholding or payment in connection with the fees paid to you by MoveItMelbourne.
9. Limitation of Liability.
To the fullest extent permitted by law, MoveItMelbourne’s Liability under this Agreement will be limited to the MoveItMelbourne Fees retained under this Agreement.
Either party may terminate this Agreement by giving the other party notice. Notwithstanding the foregoing, Sections 5 – 13 and any liabilities or payment obligations that have accrued prior to termination will survive termination.
Except for changes in the calculation of Base Fees and MoveItMelbourne Fees (which MoveItMelbourne may, in its sole discretion, amend from time to time), changes to this Agreement will be binding upon a party who confirms that change in writing, including via electronic mail, if that writing specifically refers to this Agreement.
12. Dispute Resolution.
All disputes under this Agreement must be resolved in accordance with the dispute resolution provisions set forth in the EULA.
1. Indemnification. You will indemnify and hold the MoveItMelbourne Parties harmless from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses (including reasonable legal fees) arising out of or resulting from (i) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from your acts or omissions, (ii) your breach of any representation or warranty in this Agreement, (iii) any negligent, reckless or intentionally wrongful act by you or your assistants, employees, contractors or agents, (iv) a determination by a court or agency that the you are an employee of MoveItMelbourne or a Customer, or (v) any claim by a Customer arising from or related to your or your assistants, employees, contractors or agents services for such Customer.
3. Amendment; Waiver. Except as expressly provided in this Agreement, this Agreement may be amended only by a written agreement signed by both parties. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the provision’s benefit. MoveItMelbourne’s failure or delay in the exercise of any power or right under this Agreement will operate as a waiver thereof. No single or partial exercise of any right or power under this Agreement will operate as a waiver of any right or power. MoveItMelbourne’s waiver of a breach of any provision of this Agreement will not operate or be construed as a waiver of any other or subsequent breach of this Agreement.
4. Severability. Except as expressly provided in this Agreement, if any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be severable from the remainder of this Agreement and will not affect the validity and enforceability of any remaining provisions.
5. Assignment. You may not assign this Agreement or any of the rights or licences granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without MoveItMelbourne’s prior written consent. MoveItMelbourne may assign this Agreement without your prior written consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties’ permitted successors and assigns. Any assignment in violation of this section is void.
6. No Agency. No joint venture, partnership, employment, or agency relationship exists between you and MoveItMelbourne as a result of this Agreement or use of the Service.
7. Headings. Headings are for convenience only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any provision of this Agreement.
8. Third Party Beneficiaries. There are no third party beneficiaries to this Agreement.