Last update: 29 July 2021
This Terms and Conditions (“T&Cs”, hereinafter also referred to as the “Agreement”) constitutes a legally binding agreement between a natural person, you (hereinafter also referred to as “Delivery User” or “Delivery Service Provider”) and EASI Australia Pty Ltd (ACN 628 727 060) of Unit 2, Level 5, 380-394 Docklands Drive, Docklands, VIC 3008, Australia (hereinafter referred to as “EASI”).
Welcome to https://www.easi.com.au/terms.html (the “Website”). The Website provides you with an opportunity to read through all the terms in the Agreement prior to rendering your services as a Delivery User to EASI referred to as the “Delivery Service” which will be defined in below. Upon your execution of this Agreement, you and EASI shall be bound by the terms and conditions set forth in this Agreement. “EASI Group” shall be taken as a reference to EASI and each of its affiliates. You acknowledge and agree that EASI or EASI Group is a Technology Service Provider rather than a Delivery Service Provider. In order to provide the Delivery Services, you need to download an on-demand mobile application in “delivery” or “driver” version (the “EASI App”) on Google Play Store or Apple App Store, as the EASI App may be updated by EASI or its affiliates from time to time. The Website and EASI App are owned and operated by EASI or EASI Group.
“Addendum” means an addendum to this Agreement setting forth additional Territory-specific and/or service-specific terms, as made available and as updated by EASI from time to time.
“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on winding up.
“Delivery Fee” has the meaning set forth in clause 4.1.
“Delivery Recipient” means the intended recipient of goods being delivered by you in connection with your Delivery Services.
“Delivery Recipient Information” means information about a Delivery Recipient made available to you in connection with a request for and use of Delivery Services, which may include delivery drop-off location, a Delivery Recipient’s name, a Delivery Recipient’s contact information, a Delivery Recipient’s signature, and a Delivery Recipient’s photo, as well as any other relevant details specific to the items to be delivered.
“Delivery Service(s)” means your provision of delivery services to or on behalf of Users via the EASI Delivery Services in the Territory using the applicable Transportation Method.
“Provider App” means the mobile application licensed to you by EASI that enables delivery providers to access the EASI Delivery Services for the purpose of seeking, receiving and fulfilling on-demand requests for delivery services by Users, as may be updated or modified from time to time.
“Provider ID” means the identification and password key assigned to you that enables you to use and access the Provider App.
“Service Fee” has the meaning set forth in clause 4.4.
“Territory” means the city or metro areas within the State of Victoria, New South Wales and Western Australia in which you are enabled by the Provider App to receive requests for Delivery Services.
“Tolls” means any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner-city congestion, environmental or similar charges as reasonably determined by the EASI Delivery Services based on available information.
“Transportation Method” means a mode of transportation that: (a) meets the then-current EASI requirements for the delivery of the applicable items by you when using the EASI Delivery Services or Provider App (e.g., if Delivery Services require a motor vehicle, then “Transportation Method” shall mean a motor vehicle); and (b) EASI authorizes for your use for the purpose of providing Delivery Services.
“EASI App/Website” means the mobile application provided to authorized Users seeking on-demand requests for delivery services.
“EASI Data” means all data related to the access and use of the EASI Delivery Services hereunder, including all data related to Users (including User Information), all data related to Delivery Recipients (including Delivery Recipient Information), all data related to the provision of Delivery Services via the EASI Delivery Services and the Provider App, and the Provider ID.
“User” means an end user (an individual or an entity) authorized by EASI to use the EASI App/Website for the purpose of requesting Delivery Services offered by EASI’s delivery provider customers (for clarity, such Delivery Services may be obtained in either of the following ways by a User: (a) to receive specific goods from a third party (including goods purchased from a third party (e.g., a restaurant), or (b) to deliver specific goods to a third party).
“User Information” means information about a User made available to you in connection with a request for and use of Delivery Services, which may include delivery pick-up location, delivery drop-off location, the User’s name, the User’s contact information, the User’s signature, and the User’s photo, as well as any other relevant details specific to the items to be delivered.
“Your Device” means a mobile device owned or controlled by you: (a) that meets the then-current EASI specifications for mobile devices; and (b) on which the Provider App has been installed as authorized by EASI solely for the purpose of providing Delivery Services.
Subject to the terms and conditions of this Agreement, EASI hereby grants you, for no consideration, a non-exclusive, royalty-free, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the Provider App in connection with the provision of the EASI Delivery Services by EASI solely for the purpose of providing Delivery Services to Users and tracking resulting Delivery Fees and fees. EASI, its Affiliates and respective licensors reserve all rights not expressly granted in this Agreement. The Provider App and EASI Data (including all intellectual property rights in all of the foregoing) are and remain the property of EASI, its Affiliates and respective licensors. You shall not improperly use the EASI Delivery Services or Provider App. You shall not use any of EASI’s names, logos or marks for any commercial purpose except as EASI expressly allows, nor shall you try to register or otherwise use or claim ownership over any of EASI or its Affiliates’ names, logos or marks. You shall not copy, modify, distribute, sell or lease any part of the Provider App or EASI Data, nor shall you reverse engineer or attempt to extract the source code of EASI’s software, except if allowed by law.
This Agreement and any information provided by EASI to you, which EASI designates as confidential or which you should reasonably know should be treated as confidential, should be treated accordingly.
This clause 11 applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have pursuant to applicable law. EASI and each of its Affiliates shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) your or any third party’s property damage or loss, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for the obligations on EASI to pay amounts due to you pursuant to clause 4 above, but subject to any limitations or other provisions contained in this Agreement which are applicable thereto, in no event shall the liability of EASI and/or its Affiliates under this Agreement exceed the amount of Service Fees actually paid to or due to EASI hereunder in the six (6) month period immediately preceding the event giving rise to such claim. You acknowledge and agree that any and all claims you have or purport to have against EASI and/or its Affiliates should be notified to EASI and/or its Affiliates within one (1) year after the event(s) that gave rise to such claim and that you forfeit all rights in respect of that claim if you fail to do so. These limitations do not purport to limit liability that cannot be excluded under applicable law.
Except as otherwise set forth in this Agreement, this Agreement shall be governed by and construed in accordance with the laws of Victoria, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The language of the arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the ICC, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Nothing herein limits or excludes (nor is intended to limit or exclude) any statutory rights that you may have under applicable law, that cannot be lawfully limited or excluded. By clicking “Yes, I accept” or signing below (as such may be required by applicable law), you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with EASI.