TERMS AND CONDITIONS OF USE
1. GENERAL
1.1. These Terms are important and
you should ensure that you read them carefully and contact us if you have any
questions. You can email is to contact@delmyway.com.
1.2. By using the Site you
acknowledge and agree that you have had sufficient opportunity to read and
understand the Terms and you agree to be bound by them. If you do not agree to
the Terms, please do not use the Site. Delmyway attempts to match the needs and
requirements of Senders to Deliverers and vice versa for the provision of those
services.
1.3. You acknowledge and agree that
Delmyway is in no way directly involved in any interactions and agreements
between Senders to Deliverers and only provides this medium to facilitate the
introduction of Senders to Deliverers and vice versa
1.4. Delmyway in no way guarantees the
services of the Deliverer, nor does it provide any guarantees as to the
authenticity and financial viability of the Sender.
1.5. Acceptance of the Terms and
Conditions of this Site in no way forms a relationship of agency between you
and Delmyway
1.6. Delmyway reserves the right to
change these Terms, the Site or content contained within the Site:
1.6.1. with
or without further notice to you; and
1.6.2. without giving you any
explanation or justification for such change.
1.7. From time to time, the website
will generate automated emails to registered users and/or website users will
send emails and messages to one another through the website. Emails sent by the
website or through the website are considered a part of the Delmyway website.
Consumers reading articles, emails or other material posted on our website
should review the information carefully. The information is not intended in any
way to be a substitute for professional advice. Neither the content nor any
other service offered through the website or our emails is intended as
professional advice. Should you no longer wish to hear from us via email,
SMS or push notification, you may either update your preferences in the
notification section of your Delmyway account and/or you may email is at
contact@delmyway.com.
2. CUSTOMERS
REQUESTING A SERVICE
The Site is available for you to locate delivery
requests and find deliverers, without alteration, of the terms set out below.
By continuing to access the Site you are agreeing to the terms and conditions
set out below.
2.1. Use of material on the Site
2.1.1. Except for the limited use set
out in points you may not use the Site, or the material contained on it or
within it, for any other purpose that involve
2.1.1.1. Carrying out illegal
activities or delivering illegal goods;
2.1.1.2. Uploading and/or reposting
the request to any other site.
2.1.2. The above are unlawful in any
jurisdiction and are specifically prohibited by these Terms.
2.1.3. Notwithstanding the above
restrictions on the use of the material on the Site, you may download material
from the Site for your personal non-commercial use, provided you do not remove
any copyright and/or trademark notices contained on the material.
2.1.4. Delmyway reserves all intellectual
property rights, including, but not limited to, copyright in material and/or
services provided by it. The material provided on the Site is provided for personal use only
and may not be:
2.1.4.1. Re-sold and/or
re-distributed in any material form;
2.1.4.2. Stored in any storage media;
and/or
2.1.4.3. Re-transmitted in any media without
the prior written consent of Delmyway
2.2. Fees
2.2.1. Fees may change
2.2.2. There
are no standard tariffs and the fees for the delivery are to be mutually agreed
upon by the Deliverer and the Requestor.
2.2.3. All transactions through dmy
2.2.4. Using the Site and requesting
a delivery and receiving offers by a Deliverer comes with a fee. However, when
you accept a quote and enter into a contract with a Deliverer for that job you
will be solely liable to that Deliverer for the work performed.
2.2.5 Delmyway accepts no liability
for costs the deliverer may incur to fulfil the commitment of the delivery for
the agreed cost.
2.2.6. At the time of listing and
prior to accepting an offer, the Requester should make their own reasonable
enquiries and searches to ascertain the credibility and suitability of that
Deliverer to perform the job.
2.3. Introductions to Deliverers
2.3.1. The Site provides a platform
to connect with Deliverers who are not under the control of Delmyway.
2.3.2. In relation to the Deliverers
and Requesters who have been connected, Delmyway:
2.3.2.1. provides the platform to
find and/or connect with the Deliverers as a convenience to you and the
background check and ratings of the Requester or Deliverer does not imply any
recommendation or endorsement by Delmyway of that individual; and
2.3.2.2. Is not responsible for the
actions and services provided by those individuals.
2.3.3. You are solely and completely
responsible for the selection of the offer and the Deliverer, including payment
for the work undertaken at your request. Delmyway makes neither
recommendations nor prescribes to you the method of choice of Deliverer.
2.4. Disclaimer relating to the services
2.4.1. Delmyway operates the Site
making it available for you to post requests for deliveries without
assuming a duty of care to users. Delmyway does not and will not provide
professional advice and gives no warranty, guarantee or representation about
the accuracy, reliability or timeliness or otherwise, of the information
contained on the Site and/or linked to the Deliverer.
2.4.2. To the full extent permitted
by law, Delmyway disclaims any and all warranties, expressed or implied,
regarding:
2.4.2.1. The
accuracy, reliability, timeliness, condition of the goods delivered or
otherwise of any information contained or referred to on the Site and/or of the
Deliverer and Requester; and
2.4.2.2. Delmyway
has a system whereby certain details and credentials of the Deliverer and
Requester (provided by the individuals) are inspected by our staff. Delmyway
does not conduct any of its own searches and does not provide any assurances or
warranties concerning the legality or validity of the documents other than that
they have been received.
2.4.2.3. Delmyway
will not be liable under any circumstances for any loss of profits or any
damages of any kind recognised by law (even if it has been advised of the
possibility of such loss of profits or damages) which are the consequence of
you:
2.4.2.4. Acting, or failing to act,
on any information contained on or referred to on the Site and/or part of the
conversation between the Sender and Deliverer.
2.4.2.5. Using or acquiring, or your
inability to use or acquire, any service contained or referred to on the Site.
2.5. Disclaimer relating to Delmyway
2.5.1. Delmyway does not warrant,
guarantee or make any representation that:
2.5.1.1. The Site or the server that
makes the site available, are free of software viruses;
2.5.1.2. The functions contained in any
software contained on the Site will operate uninterrupted or are error-free;
and
2.5.1.3. Errors and defects in the
Site will be corrected.
2.5.2. Delmyway is not liable to you
for:
2.5.2.1. Errors or omissions in the
Site, or of the Senders or Deliverers;
2.5.2.2. Delays to, interruptions of,
or cessation of the services provided in the Site, or linked individuals; and
2.5.2.3. Defamatory, offensive or
illegal conduct of any user of the Site, whether caused through negligence of Delmyway,
its employees or independent contractors, or through any other cause.
2.5.3. You agree to accept the full
cost of any necessary repair, correction and maintenance of any of your
computer software or hardware, which may be necessary as a consequence of you
accessing the Site.
2.6. Limitation of liability
2.6.1. Delmyway bares no
responsibility or is not liable to costs for the delay in services or damages
to goods.
2.6.2. To the full extent permitted
by law, Delmyway’s liability for any implied condition is limited, at the
choice of Delmyway, to one or more of the following:
2.6.2. If the breach of an implied condition
relates to services:
2.6.2.1. The supply
of the services again; or
2.6.2.2. The
payment of the cost of having the services supplied again.
2.6.3. If the breach of an implied condition
relates to goods:
2.6.3.1. The
replacement of the goods or the supply of equivalent goods;
2.6.3.2. The repair
of such goods;
2.6.3.3. The
payment of the cost of replacing the goods or acquiring equivalent goods, or
having the goods repaired.
2.7. Use of information gathered
2.7.1. Delmyway and/or parties
authorised by it, may gather and process the information:
2.7.1.1. Which you may provide when
accessing the Site, such as your name, address, email address and other
personal information about you; and
2.7.1.2. Programmed during the
accessing of the Site.
2.7.2. Delmyway may use the
information acquired through (2.7.1.1.) and (2.7.1.2.) above to engage in
direct marketing to you in any medium.
2.8. Termination of access
2.8.1. Delmyway may terminate access
to the Site at any time without giving any explanation or justification for the
termination of access, and Delmyway has no liability for any costs, losses or
damages of any kind arising as a consequence of terminating access to the Site.
2.9. Alteration of Terms of Use
2.9.1. Delmyway reserves the right to
change these Terms of Use:
2.9.1.1. With or without further notice
to you; and
2.9.1.2. Without giving you any
explanation or justification for such change.
2.10. Relevant jurisdiction
2.10.1. If any part of this Agreement
is found to be void, unlawful or unenforceable, then that part will be
deemed to be severable from the balance of this Agreement and the severed part
will not affect the validity and enforceability of any remaining provisions.
2.10.2. This Agreement will be
governed by and interpreted in accordance with the law of Australian Capital
Territory, without giving effect to any principles of conflicts of laws.
2.10.3. You agree to the jurisdiction
of the courts of Australian Capital Territory to determine any dispute arising
out of this Agreement.
2.11. Personal information
2.11.1. This Site is available to
provide information about service conditional on your acceptance without
alteration of the terms and conditions set out below. By continuing to provide information about yourself or your goods you
are agreeing to the terms and conditions set out below.
2.11.2. Uploading information
2.11.3. You represent and warrant in
relation to any material and/or information you provide to the Site that:
2.11.3.1. Is true and can be
substituted with appropriate proof.
2.11.3.2. You are the owner and have
authority to request services for the goods.
2.11.3.3. The goods are safe and
legal. Please refer to the list of prohibited items.
2.11.3.4. You are authorised to
provide the material and/or information and service that you are requesting.
2.11.3.5. The material and/or
information is not defamatory or a malicious falsehood in relation to any
product, service, person or corporation.
2.12. Offering and Accepting Deliveries
2.12.1. You acknowledge and agree
that:
2.12.1.1. Any and all of the terms
and conditions pertaining to the service and the quote constitute a contract
between the Deliverer and the Sender and do not involve or implicate Delmyway
in any way;
2.12.1.2. The lowest priced or best
quote will not necessarily be the quote selected by the Customer;
2.12.1.3. Delmyway
plays no role, whether active or inactive, in the method of selection of the
Deliverer by the Sender.
2.12.1.4. Delmyway takes no
responsibility for the accuracy, reliability or timeliness of the commitment made
by a Deliverer making an offer.
2.12.1.5. Delmyway takes no
responsibility of the accuracy of the information or description provided by
the Sender of the goods to be delivered.
2.12.1.6. It is solely the responsibility
of the Deliverer and Sender to authenticate the contents of the delivery and
ensure the original condition of the goods.
2.12.1.7. Delmyway makes no guarantee
that the supplied information, contact number or address is genuine.
2.13. Removal of information
2.13.1. In relation to any material
and/or information included on the Site, Delmyway may remove any material
and/or information, including but not limited to personal information, at any
time without giving any explanation or justification for removing the material
and/or information.
2.14. Limit of liability
2.14.1. Delmyway and its respective
officers, employees and agents have no liability for any costs, losses or
damages of any kind, which you may incur, arising whether directly or
indirectly. This applies in relation to, or in connection with, any material being
delivered and/or information supplied via the goods being delivered or in respect
of posting a request for delivery.
2.14.2. You warrant that you will
perform all services in accordance with legislative and industry standards and
that you have taken out and will maintain any required insurances, approvals
and licences as required by the state and federal laws of Australia.
2.15. Indemnity
2.15.1. You will at all times
indemnify, and keep indemnified, Delmyway and its respective officers,
employees and agents (referred to as “those indemnified”) from and against any
loss (including reasonable legal costs and expenses) or liability incurred by
any of those indemnified arising from any claim, demand, suit, action or
proceeding by any person against any of those indemnified where such loss or
liability arose out of, in connection with or in respect of any breach of this
Agreement by you; and the material and/or information supplied by you.
2.16. Provision of services and associated fees
2.16.1. We may charge you a fee for
the provision of our services as described on the Site or through direct
communication with you.
2.16.2. By making use of our
services, you acknowledge that you understand the features of those services as
described on the Site or through direct communication with you.
2.16.3. Delmyway’s service fees are
subjected to change.
2.16.4. The fees/cost transactions
may take up to 5 working days and in some cases more.
2.16.5. Delmyway is not responsible
for the poor standing of the Senders bank account.
2.17. Refund policy
2.17.1. You acknowledge and agree
that as a term and condition of using the Site, any fees incurred are
non-refundable.
2.17.2. If you are unhappy with the
service of Delmyway and have outlined in detail the reasons for your grievance,
Delmyway will consider the application for a refund and in its absolute
discretion will either:
2.17.2.1. Reject the claim; or
2.17.2.2. Offer you credit on your
account; or
18.2.3. Refund your payment.
2.17.3. In any other
case, refunds will only be given at the absolute discretion of Delmyway.
2.17.4. If we find your account is in
poor standing or there has been abuse reported against your account, we may
refuse any cash or credit refund.
2.18. Termination of access
2.18.1. Delmyway may terminate access
to the Site at any time without giving any explanation or justification for the
termination of access.
2.19. Relevant jurisdiction
2.19.1. If any part of this Agreement
is found to be void, unlawful, or unenforceable then that part will be deemed
to be severable from the balance of this Agreement and the severed part will
not affect the validity and enforceability of any remaining provisions.
2.19.2. This Agreement will be
governed by and interpreted in accordance with the law of Australian Capital
Territory, without giving effect to any principles of conflicts of laws.
2.19.3. You agree to the jurisdiction
of the courts of Australian Capital Territory to determine any dispute arising
out of this Agreement.
CODE OF CONDUCT
The Delmyway Code
of Conduct is created to maintain the integrity of our platform for the benefit
of all our Customers and Users. A breach of the Code of Conduct can result in a
warning or immediate termination subject to the Terms and Conditions (report on
any of the above breaches will be further investigated prior to warning and
termination).