Driver Merchant Terms and Conditions

On acceptance by the Driver of a Delivery offered by the Merchant via the Platforms, the Merchant and the Driver agree that these Terms and Conditions will apply to such Delivery and both agree to be bound by them.

1.          Engagement and payment

1.1         The Merchant appoints the Driver, as an independent contractor, to complete the Delivery on these Terms and Conditions and the Driver accepts such appointment.

1.2         The Merchant has offered, and agrees to pay, the Driver the Driver Charges on completion of the Delivery by the Driver in accordance with these Terms and Conditions.

1.3         These Terms and Conditions terminate on completion or cancellation of the Delivery in accordance with these Terms and Conditions.  

2.          Provision of services

2.1         The Driver:

2.1.1        must complete the Delivery:

(a)    with the degree of professional skill, care and diligence that may reasonably be expected of a skilled, professional person, suitably qualified and experienced in the performance of services similar to the Delivery;

(b)    in accordance with all applicable laws and applicable industry standards;

(c)    in accordance all reasonable and lawful instructions or directions of the Merchant; and

(d)    in a timely manner from collection of the Product Items from the Merchant’s nominated premises.

2.1.2        acknowledges and agrees that it is responsible for providing, running and maintaining all equipment and materials required to complete the Delivery (including all costs associated with this), including:

(a)    any transportation and communication devices;

(b)    storage bags for Product Items which are appropriately insulated for transporting the Product Items; and

(c)    safety and protective equipment;

2.1.3        must:

(a)    press the ‘Delivery Complete’ (or equivalent) button on the Platform immediately following successful delivery of the Order to the Customer and ensure that this button is not pressed where the Order has not been delivered to the Customer;

(b)    be polite and courteous when interacting with Customers;

(c)    use the Vehicle to complete the Delivery;

(d)    immediately notify the Merchant of any Customer Claim received by a Customer in connection with an Order of which the Driver becomes aware; and

(e)    not use, store or disclose any personal information relating to a Customer or an Order other than in connection with completion of the Delivery, following which such personal information must not be saved or stored by the Driver;

2.1.4        represents and warrants that:

(a)    in accepting and completing the Delivery, it will not have received more than 50% of its total income from the Merchant over a particular financial year;

(b)    it, or any persons assisting in the completion of the Delivery on behalf of the Driver, have not been convicted of any prior criminal offences; and

(c)    it has the requisite skills and equipment to complete the Delivery; and

2.1.5        acknowledges and agrees that:

(a)    the Merchant is able to leave feedback on the Platforms in connection with the performance of the Delivery by the Driver, which may be accessible to other merchants seeking delivery services via the Platforms and will be factored into the Driver’s overall rating on the Platforms;

(b)    Customers will also have the ability to leave feedback on the Platforms in connection with a Driver’s performance and behaviour, which is not reviewed or approved by the Merchant; and

(c)    the Merchant may ban or block the Driver on the Platform, in which case the Driver will not be offered any future Deliveries from Merchant; and

(d)    the Merchant may be able to track the location of the Driver via the Platform in connection with the performance of the Delivery, and the Driver consents to such tracking surveillance.

2.2         The Merchant and the Driver each acknowledge and agree that:

2.2.1        nothing in these Terms and Conditions obligates each other to offer and accept (as applicable) deliveries other than the Delivery;

2.2.2        nothing in these Terms and Conditions creates an employment relationship between the Merchant (or any of its affiliates) and the Driver;

2.2.3        the Driver is not required to wear any uniform, logo or other identification when completing the Delivery;

2.2.4        nothing in these Terms and Conditions grants either party any form of exclusivity in connection with deliveries similar to the Delivery or otherwise; and

2.2.5        the Driver has the right to delegate or sub-contract the Delivery to persons engaged by the Driver, provided that the Driver:

(a)    ensures such persons comply with these Terms and Conditions as if that person was named as Driver;

(b)    at all times remains liable for the acts or omissions of that person as if the Driver had completed the Delivery; and

(c)    acknowledges and agrees that the Merchant does not have any contractual or other relationship with such person, and such person is engaged directly by the Driver on terms agreed between the Driver and such person.

3.          Driver Charges and Payment

3.1        The Merchant agrees to pay the Driver the Driver Charges (and any tips given by a Customer to the Driver) on completion of the Delivery, which will be deemed to have occurred:

3.1.1        on the successful delivery of the Order to the Customer in accordance with these Terms and Conditions within an appropriate timeframe and the Driver subsequently pressing the “Delivery Complete” (or equivalent) button on the Rolla App; provided

3.1.2        no Customer Claims are made by the Customer following delivery of the Product Items related or connected to delivery of such Product Items.

3.2        For the avoidance of doubt, the Driver will not be paid if the Driver or the Merchant cancels a Delivery via the Platforms prior to completion of the Delivery as set out in clause 3.1.

4.          Indemnity

4.1        The Driver indemnifies the Merchant and its employees, contractors and agents against any losses, liabilities, costs or action, claim, demand or proceeding arising directly or indirectly as a result of or in connection with:

4.1.1        a breach by the Driver of these Terms and Conditions;

4.1.2        any injury to, or loss of property of, any person in or on premises from which the Driver provides services to the Merchant;

4.1.3        any negligent or wilful act or omission of the Driver, its employees, agents, servants, contractors; and

4.1.4        any warranty, promise or representation made by the Driver or any employee, agent, contractor, or other person acting on behalf of the Driver being incomplete, inaccurate or misleading;

but this indemnity does not extend to amounts incurred by the indemnified parties related to any acts or omissions of the Merchant, its employees, or their negligence.

5.          Health and safety

5.1        Definition

In this clause, H & S Laws means applicable laws in respect of the health and safety of workers and workplaces and includes the Occupational Health and Safety Act 2004 (Vic) and associated regulations, standards and codes of practice together with any equivalent legislation in any other state or territory.

5.2        Health and safety responsibilities of the Driver

Without limiting the Driver’s obligations to comply with all laws, the Driver must, in completing a Delivery:

5.2.1        identify all reasonably foreseeable hazards that could give rise to a risk to health and safety in respect of completing the Delivery;

5.2.2        assume responsibility for assessing risks to themselves and others while completing the Delivery;

5.2.3        ensure that control measures are in place to eliminate, prevent or minimise those risks (as applicable) to the extent reasonably practicable;

5.2.4        consult, cooperate and coordinate activities with all other persons who have a health and safety duty in respect of completing the Delivery, so far as is reasonably practicable.

5.3        Health and safety responsibilities of the Merchant

Without limiting the Merchant’s responsibilities to comply with all laws, the Merchant must ensure that it complies with all H&S Laws and ensure that it understands its obligations under all H&S Laws. Among other things, the Merchant must:

5.3.1        assist the Driver in maintaining a safe system of work by co-operating with the Driver to put in place any control measures necessary to eliminate or prevent risks to health & safety; and

5.3.2        notify the Driver of any known or likely hazards that are significant, or are not readily apparent to the Driver, that are within the knowledge and control of the Merchant.

5.4        Notification of accidents

The Driver must:

5.4.1        immediately give the Merchant notice of any accident, notifiable incident (being an incident which is notifiable under H & S Laws), injury or property damage which occurs during or in respect of the completion of the Delivery;

5.4.2        within 5 business days of the Merchants’ written request, provide a written report to the Merchant giving complete details of the accident, incident, injury or damage, including results of investigations into the cause of the accident, incident, injury or damage and strategies for future prevention; and

5.4.3        cooperate with the Merchant in providing copies of any notices, entry reports, charges or other documents received from the relevant regulator in respect of the completion of the Delivery.

5.5        The Merchant must comply with incident notification requirements under H&S Laws.

6.          Insurance

6.1        The Driver represents and warrants to the Merchant that it has in effect:

6.1.1        workers compensation insurance as required by law; and

6.1.2        public liability insurance with sufficient coverage having regard to the nature of the services provided by the Driver.

7.          GST

7.1        In this clause:

7.1.1        words and expressions that are not defined in this Agreement but which have a defined meaning in the GST Law have the same meaning as in the GST Law;

7.1.2        GST means GST within the meaning of the GST Law and includes penalties and interest; and

7.1.3        GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7.2        Except as otherwise provided in this Agreement, all consideration payable under this Agreement in relation to any supply is exclusive of GST.

7.3        If GST is payable in respect of any supply made by a supplier under this Agreement (GST Amount), the recipient must pay to the supplier an amount equal to the GST payable on the supply.  Subject to clause 7.4, the recipient must pay the GST Amount at the same time and in the same manner as the consideration for the supply is to be provided under this Agreement in full and without deduction, set off, withholding or counterclaim (unless otherwise provided in this Agreement).

7.4        The supplier must provide a tax invoice to the recipient before the supplier will be entitled to payment of the GST Amount under clause 7.3.

7.5        If this Agreement requires a party to pay, reimburse or contribute to any expense, loss or outgoing suffered or incurred by another party, the amount which the first party must pay, reimburse or contribute is the sum of:

7.5.1        the amount of the payment, reimbursement or contribution, less any input tax credit in respect of the payment, reimbursement or contribution to which the other party is entitled; and

7.5.2        if the payment, reimbursement or contribution is subject to GST, an amount equal to that GST.

8.          General

8.1        Any provision of these Terms and Conditions that is held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable.  If it is not possible to read down a provision as required by this clause, part or all of the clause of these Terms and Conditions that are unlawful or unenforceable will be severed from these Terms and Conditions and the remaining provisions continue in force.

8.2        These Terms and Conditions are governed by and is to be construed in accordance with the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria

9.          Definitions and interpretation

9.1        In these Terms and Conditions, the following terms have the following meaning:

9.1.1        Customer means a person who has placed an order for Product Items via the Delivery Angel Platform.

9.1.2        Customer Claims means any complaint, action, claim, demand or other proceedings relating to the sale or delivery of Product Items, including claims relating to temperature, portion sizes, quality, suitability, packaging, spillages, descriptions or photographs, product safety, contamination, ingredients, pricing, dietary or allergen labels, delays, Driver behaviour, uncooked food and food safety issues. 

9.1.3        Delivery means the delivery of Product Items which have been Ordered by a Customer from the Merchant’s premises to the Customer’s nominated address.

9.1.4        Delivery Angel means Delivery Angel Pty Ltd ACN 649 785 768.

9.1.5        Delivery Angel Platform means the platform made available by Delivery Angel whereby Customers can place Orders for Product Items with Merchants.

9.1.6        Driver means the driver which has accepted the Delivery via the Platforms.

9.1.7        Driver Charges means the amount specified by the Merchant on the Platforms as being payable for the Delivery.

9.1.8        Merchant means the business which has offered the Delivery via the Platforms.

9.1.9        Order means an order by a Customer for Product Items via the Delivery Angel Platform.

9.1.10     Platforms means either or both the Rolla App or the Delivery Angel Platform as the context requires.

9.1.11     Product Items means items offered by a Merchant for purchase by Customers on the Delivery Angel Platform, such as food and drink.

9.1.12     Rolla means Rolla Delivery Pty Ltd ACN 649 785 731.

9.1.13     Rolla App means application and any web based portal made available by Rolla which allows the Driver to accept Deliveries offered by Merchants for delivery services for Orders.

9.1.14     Vehicle means the vehicle identified in the Platforms as being used by the Driver.