Terms of Service
The Company provides delivery services to support local businesses. Use of Go-Loco is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
- ABN means an Australian Business Number.
- Booking Form means the online form completed by the Customer to make a Delivery Request.
- Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Perth, Australia.
- Company means GO-LOCO Pty Ltd ABN 21 640 538 156.
- Corporations Act means the Corporations Act 2001 (Cth).
- Customer means a registered customer of GO-LOCO.
- Delivery means a delivery to be completed by Drivers.
- Delivery Demand means the estimated number of Delivery Requests that the Customer will make for any given to the best of their knowledge.
- Delivery Request means a booking for delivery services offered by a Driver.
- Delivery Request Confirmation means a notification that a Delivery Request has been confirmed.
- Delivery Fee means the fixed fee charged by the Company to the Customer for each Delivery, as updated by the Company from time-to-time.
- Driver means a person that is registered to make Deliveries via GO-LOCO.
- Driver Manual means the Company’s Driver manual that is sent out to contractors separately during the application process, for driving for Go-Loco, including Go-Loco’s processes, representations & requirements, as updated from time-to-time with notification to the contractors.
- End Customer means a customer of the Customer’s business that receives a Delivery.
- GO-LOCO means the “GO-LOCO” digital delivery platform as found at the Site.
- GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
- Privacy Act means the Privacy Act 1988 (Cth).
- Report means the written summary of the Customer’s use of Go-Loco, including number, duration and distance of deliveries completed in the previous payment cycle.
- Site means http://www.go-loco.com.au/ and any other URL where the Company makes GO-LOCO available from time-to-time.
- Tax Invoice has the same meaning as in A New Tax System (Goods and Services Tax) Act1999 (Cth).
- Terms of Service means the terms and conditions of using Go-Loco, as updated from time-to-time, published on the Site.
- Third-Party Service means an online third-party service which is used by the Company to deliver GO-LOCO, such as Vromo.
- Vromo means the third-party delivery management software operated by Vromo Limited.
- To use GO-LOCO, the Customer must have registered and set up an account with GO-LOCO and be accepted by the Company in its absolute discretion.
- The Customer agrees that all use of GO-LOCO is subject to these Terms of Service.
- Anyone over the age of 18 may use GO-LOCO. People under 18 years of age must not use GO-LOCO without their parent or legal guardian’s consent.
- The Company may suspend the account or restrict the access of any Customer that breaches the terms of these Terms of Service.
- To make a Delivery Request, the Customer must complete the Booking Form, or such other process approved by the Company from time-to-time.
- The Customer is responsible for ensuring that all information, including pick up time and address for delivery, is complete and accurate. The Company (or Drivers) shall not be held responsible for any errors in the Booking Form.
- The Company and/or the Driver may seek clarification or further information from the Customer with respect to any Delivery Requests.
- Once the Booking Form has been submitted, a Driver will be automatically allocated for the Delivery Request via Vromo, subject to availability. The Customer shall have no discretion in selecting which Driver will be assigned for a Delivery Request.
- Each Delivery Request must be accepted before it is confirmed. Once confirmed, the Customer will receive a Delivery Request Confirmation.
- The Company makes no guarantee or representation that every Delivery Request can be met and accepted.
- The Customer acknowledges that Drivers are independent contractors of the Company and have complete discretion to reject a Delivery Request.
- Where requested by the Company, the Customer agrees to confirm the Delivery Demand with the Company.
- The Delivery Demand provides the Company with an approximate idea of the number of Delivery Requests the Customer will make so that the Company can seek to organise Drivers accordingly to meet the demand.
- Where the Delivery Demand is materially lower than actual Delivery Requests for any given night, then the Customer acknowledges that this may result in Delivery Requests not being confirmed or Deliveries being delayed.
- Upon receipt of a Delivery Request Confirmation, the Customer will be granted access to Vromo to view and track information for the Delivery.
- The Customer acknowledge and agrees that live updates on the Delivery are provided by Vromo independently of the Company, and the Company cannot guarantee the accuracy of any information provided to the Customer via Vromo.
- The Customer warrants that it will not offer direct payment from the Driver to complete a Delivery so as to avoid the payment of the Delivery Fees to the Company.
The Customer acknowledges and accepts that:
- The Company accepts no responsibility for the conduct of any Driver; and
- The Company accepts no responsibility for any interaction between the Driver and the Customer or End Customers.
- Where a Driver receives a complaint from an End Customer with respect to any Delivery, the Driver will inform the End Customer to take up the issue with the Customer and also report the complaint via Vromo.
- The Customer may lodge a complaint to the Company via email at email@example.com, including with respect to the conduct of a particular Driver or the Company’s services generally (such as delayed or incomplete Delivery Requests).
- Where the complaint relates to specific Delivery, including any request for waiver of Delivery Fee, the Customer must lodge the complaint within 24 hours of the time the relevant Delivery was completed.
- The Company agrees to review and investigate any complaints received by the Customer and provide its written response within 7 days.
Fees, payments & refund
- The Delivery Fee will be charged on each completed Delivery.
- The Delivery Fee will apply in accordance with the pricing described on the Site, or as otherwise agreed with the Company.
- The Delivery Fee shall be calculated and paid on weekly basis.
- The Company shall provide the Customer with a Tax Invoice for the total Delivery Fees for each weekly payment cycle, as well as the Report to support the Customer’s activity using Go-Loco.
- The Customer agrees to pay any Tax Invoice promptly and within the stated timeframe, which in default shall be paid by direct debit payment, or as otherwise stipulated by the Company.
- If Delivery Fees are paid by direct debit the Customer acknowledges that the respective third party direct debit party’s terms and conditions will apply and the Customer agrees to be bound by the said terms and conditions and liable to pay the direct debit party’s fees.
All Fees are payable in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or Euros).
For Customers in Australia, GST is applicable to any Fees charged by the Company to the Customer. Unless expressed otherwise, all Fees shall be deemed exclusive of GST. The Company will provide the Customer with a Tax Invoice for any payments.
No other refunds are provided except where required under law, subject to the Company’s absolute discretion.
- By accepting the terms and conditions of these Terms of Service, the Customer is granted a limited, non-exclusive and revocable licence to access and use Go-Loco for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.
- The Company may revoke or suspend the Customer’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the Customer.
Modification of Terms
- The terms of these Terms of Service may be updated by the Company from time-to-time.
- Where the Company modifies the terms, it will provide the Customer with written notice, and the Customer will be required to accept the modified terms in order to continue using GO-LOCO.
Third Party Services
- The Customer agrees and acknowledges that use of Go-Loco is dependent on Third Party Services (such as Vromo).
- The Customer acknowledges and is aware that access to Go-Loco may be unavailable if a Third Party Service becomes unavailable.
- The Company cannot guarantee the efficacy of any Third Party Service.
- Where necessary, the Customer must comply with the terms and conditions of any Third Party Service.
- The Company provides Customer support for Go-Loco via the email address firstname.lastname@example.org.
- The Company shall endeavour to respond to all support requests within 3 Business Day.
Use & Availability
- The Customer agrees that it shall only use Go-Loco for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
- The Customer acknowledges and is aware that the Company shall provide access to Go-Loco to the best of its abilities, however:
– Access to Go-Loco may be prevented by issues outside of its control; and
– It accepts no responsibility for ongoing access to Go-Loco.
- Trade marks. The Company has moral & registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
- Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Customer warrants that it shall not infringe on any third-party rights through the use of Go-Loco.
- Content. All content submitted to the Company, whether via Go-Loco or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any other party with respect to Go-Loco.
Liability & Indemnity
- The Customer agrees that it uses Go-Loco at its own risk.
- The Customer agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with Go-Loco, including any breach by the Customer of these Terms of Service.
- In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use Go-Loco, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
– The re-supply of services or payment of the cost of re-supply of services; or
– The replacement or repair of goods or payment of the cost of replacement or repair.
- Either party may terminate these Terms of Service at any time by giving the other party written notice.
- Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.
Electronic Communication & Notices
- The parties agree to be bound by these Terms of Service where the terms of these Terms of Service are accepted by the Customer electronically.
- The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the Customer of a change of details from time-to-time.
- The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.
- A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
- Notices must be sent to the parties’ most recent known contact details.
- Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
- Assignment. The Customer may not assign or otherwise create an interest in these Terms of Service.The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the Customer.
- Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
- Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
- Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
- Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
- Governing Law. These Terms of Service is governed by the laws of Western Australia, Australia. Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction there.
- Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.