Terms of Service.

Welcome, and thank you for your interest in Joey Logistics Pty Ltd (ABN 15 652 707 143). Any reference to “Joey” in these terms refers to all websites, mobile applications, and related technologies (“Platform”) provided by us (our “Service”). These Terms of Service are a legally binding contract between you and Joey regarding your use of the Service.

Please read the following terms of service carefully. By creating an account, you (the “Customer”) acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the Joey Privacy Policy (together, these “Terms”). If you are not eligible, or do not agree to these terms, then you do not have our permission to use the service.

1. Service Overview 

1.1. Joey provides a last-mile delivery service for business users. Using the Joey Platform, Joey customers can request a Joey delivery operator (a “courier”) to meet them at a pre-specified time (“Pick Up Time”) and location (“Pick Up Location”) to collect the customer's items (“Packages”) that are in need of delivery. The Packages are then delivered to the receiving party (“Recipient”) at a pre-specified time (“Drop Off Time”) and location (“Drop Off Location”), completing the transaction. The collection of Packages sent to a single recipient at one time is considered an order (“Order”). There may be multiple Orders sent to the same recipient depending on the requirements of the user. 

1.2. Joey will always make our best effort to complete the Order as requested. However Joey and its operations team reserve the right to change the Pick Up Time or the Pick Up Location, and Drop Off Time or Drop off Location for any of the following reasons:

(a) unforseen traffic, mechanical, or other conditions that can cause delay

(b) inability to access the specified location or reach you via the registered mobile number

(c) parking restrictions or roadway regulations that prevent the courier from parking within a 2 minute walk of the Pick Up Location or Drop Off Location

(d) any other situation-specific reason deemed necessary by the operations team at Joey

1.3. Joey offers delivery services directly within our catchment zone (“Service Area”), as well as delivery services outside of our Service Area via third-party courier companies (“Delivery Partner”). By booking a service outside of the Service Area, you acknowledge and agree to any terms and conditions required by said Delivery Partner in addition to these Terms. 

1.4. You further acknowledge and agree that there may be additional fees in accordance with utilising the services provided by Delivery Partners. These fees will be made known to you prior to invoicing.

1.5. The pre-specification of pick-up and drop-off times occurs during the Order creation process on our online Platform. Other elements of each Order including special instructions and customer preference configurations are also specified through the Platform.

1.6. An Order is complete after the Packages have been dropped off to the recipient.

1.7. In the event that an Order is undeliverable after multiple attempts, Joey will endeavor to return the Order to the original Customer. However in the case where the Customer is unreachable or does not claim the contents of said Order, Joey reserves the right to dispose of all items within the Order one (1) year after the scheduled delivery time has passed, where no genuine attempt has been made by a Customer to reclaim their items, in accordance with the applicable laws regarding disposal of unclaimed goods.

2. Eligibility

2.1. You must be at least eighteen (18) years of age to use the Service. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Service.

2.2. By agreeing to these Terms, you represent and warrant to us that:

(a) you are at least eighteen (18) years of age;

(b) you have not previously been suspended or removed from the Service; and

(c) your registration and your use of the Service are in compliance with all applicable laws and regulations.

2.3. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

2.4. You accept these Terms by registering for the Service and/or making any payment as required under the Terms. You may also accept the terms by clicking accept or agree to the Terms where and if this option is made available to you in the App.

3. Accounts and Registration

3.1. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information.

3.2. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

3.3. When you register, you will be asked to provide a password.

3.4. You are solely responsible for maintaining the confidentiality of your account and password.

3.5. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@joeydelivers.com.au.

4. Member’s Obligations and Acknowledgements

4.1. Once you have completed the registration process in accordance with Clause 3 above, you will be a registered member of the Joey Platform (“Member”) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services.

4.2. You are solely responsible for ensuring that the Courier is able to pick up the Items at the Pick Up Time at the Pick Up Location and drop off the Items at the Drop Off Time at the Drop Off Location. Any costs incidental to or incurred as a result of your failure to comply with this Clause 4.2 will be charged to you.

4.3. You warrant that you will not supply us with any hazardous, dangerous, or illegal items contained within the Packages, and adhere to all conditions with section 7 regarding prohibited conduct. 

5. Payment

5.1. The schedule of fees relating to our Service (“Pricing”) is kept up to date on our website.

5.2. We may, from time to time, amend fees as necessary to best suit the needs of our customer base. We will make every reasonable effort to update and inform you of any upcoming changes, but please note that the Pricing listed at the time of the order will be the one used for the final invoice.

5.3. If you do not accept the changes, Joey has the right to discontinue providing the Service to you.

5.4. You authorize Joey to charge all sums as described in these Terms, for the Service, features, or transactions you select, to the payment method you specify.

5.5. You acknowledge and agree where a request for the payment of the Service Fee is returned or denied, for any reason by your financial institution or is unpaid by you for any other reason, then you are liable for any costs such as banking fees and charges, associated with the same.

6. License

6.1. All trademarks, service marks and trade names are owned, registered and/or licensed by Joey, who grants to you a worldwide, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license whilst you are a registered Member to:

(a) use the Platform pursuant to the Terms;

(b) copy and store material from the Platform contained in the in your device’s cache memory; and

(c) print pages from the App and the Website for your own personal and non-commercial use.

6.2. Joey does not grant you any other rights whatsoever in relation to the Platform and Services. All other rights are expressly reserved by Joey.

6.3. Joey retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform will transfer to you any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

6.4. You may not, without the prior written permission of Joey and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Platform and Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the website which are freely available for re-use or are in the public domain.

7. Prohibited Conduct.

7.1. By using the service you agree NOT to:

(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;

(b) violate, or encourage others to violate, any right of a third party;

(c) provide us with any hazardous or dangerous items with respect to us carrying out the Services. This includes, but is not limited to:

(i) dangerous goods

(1) these are substances or articles with hazardous properties which, if not handled correctly, can:

(a) explode

(b) asphyxiate

(c) burn

(d) poison

(e) eat skin or metals

(f) pollute the environment

(g) become unstable with other products

(2) this includes, but are not limited to:

(a) toxic gasses or substances 

(b) explosive goods 

(c) goods which are or may become dangerous (including radioactive materials) or spontaneously combust 

(d) organic peroxide Infectious substances 

(e) corrosive substances Flammable liquids or solids 

(f) any other goods which may become liable to damage any person or property whatsoever

(ii) any Package that exceeds:

1) 25kg

2) more than a combined length, width and height of 1.5 meters

(iii) items that are illegally procured

(iv) item that can be utilised for illegal purposes

(v) live animals or other living goods

(vi) cigarettes or tobacco products

(vii) firearms or weapons, including dummy, non-firing or replicas

(viii) any item which Joey deems:

1) dangerous to handle; or

2) does not meet the intended usage of the Service; or

3) liable to cause undue loss or damages to Joey

(d) interfere with security-related features of the Service, including by:

(i) disabling or circumventing features of the Service that determine or verify the validity of any transaction, or the location or identity of any person; or

(ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

(e) interfere with the operation of the Service, including by:

(i) collecting personal information or transaction information of any other user without consent;

(ii) engaging in inappropriate or offensive behaviour towards, or otherwise interfering with, our Couriers or other personnel providing the Service;

(iii) repeatedly scheduling and cancelling Orders,

(iv) requesting Orders that are dangerous, needlessly difficult, unreasonably costly, or otherwise not successfully completed, or

(v) hacking or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;

(f) perform any fraudulent activity, including:

(i) impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;

(ii) allowing any other person to use the Services with your account or credentials;

(iii) misleading or deceiving our personnel, including our couriers;

(iv) falsifying your name, age, or date of birth; or

(v) entering any fraudulent or false transaction, including any transaction upon a payment account which is not your own, has been cancelled, or will not have the funds necessary to complete the transaction;

(g) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; or

(h) attempt to do any of the acts prohibited in these Terms, or assist or permit any person in engaging in any of the acts prohibited in these Terms.

8. Platform

8.1. Third Party Accounts.

(a) In order to use the Platform, you may be required by the third party who is distributing or providing you access to the Platform (e.g., Google, Inc., Apple, Inc.) (each, a “Distributor”) to create an account.

(b) You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor.

(c) Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Joey is not responsible for any act or omission of any Distributor.

8.2. Access to the Platform

Joey does not provide you with the equipment to use the Platform. You are responsible for all fees charged by third parties to access and use the Platform (e.g., charges by mobile carriers).

8.3. Special Terms Regarding Apple and Google

(a) If you download App from Apple Inc.’s App Store or Google Inc.’s Google Play, your use of the App must at all times be in accordance with the respective usage rules set forth in the Apple, Inc. App Store Terms of Service and Google Play Terms of Service (collectively “Platform Terms of Service”).

(b) You acknowledge that these Terms are entered into solely between you and Joey. These Terms are not intended to provide for usage rules for the App that are less restrictive than the usage rules set forth for Licensed Applications in, or that otherwise conflict with, the Platform Terms of Service as of the date that you accept either Platform Terms of Service (which you acknowledge you have had the opportunity to review).

(c) You also acknowledge and agree that:

(i) if any third party claims that your possession or use of the App infringes a third party’s intellectual property rights, Apple and Google are not responsible for the investigation, defence, settlement or discharge of any such intellectual property infringement claim;

(ii) Apple and Google have no responsibility for addressing any claims relating to the App, including but not limited to, product liability claims; maintenance and support; any claim that the App fails to conform to any applicable legal or regulatory requirement; and any claim arising under consumer protection or similar legislation; and

(iii) Apple and Google and their subsidiaries are intended third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

9. Termination of Use; Discontinuation and Modification of the Service

9.1. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Joey may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice.

9.2. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

9.3. You may terminate your use of the App at any time by deleting the App from your device or personal computer or mobile device.

9.4. You may terminate your account at any time by contacting customer service at support@joeydelivers.com.au

9.5. Deletion and termination of your account is your sole right and remedy with respect to any dispute with Joey regarding the Platform or these Terms.

9.6. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.

10. Privacy Policy

Please read the Joey Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Joey Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

11. Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"), such as end-user license agreements for any downloadable App applications, or rules that applicable to a particular feature or content on the Service, subject to clause 11 below. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

12. Modification of these Terms

12.1. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes.

12.2. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service.

12.3. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Joey has the sole discretion in identifying a modification as a Material or Immaterial modification.

12.4. Disputes arising under these Terms will be resolved in accordance with clause 19 of these Terms that was in effect at the time the dispute arose.

13. Intellectual Property

The Service is owned and operated by Joey. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, services, and all other elements of the Service (“Materials”) provided by Joey are protected by intellectual property and other laws. All Materials contained in the Service are the property of Joey or our third-party licensors. Except as expressly authorized by Joey, you may not make use of the Materials. Joey reserves all rights to the Materials not granted expressly in these Terms.

14. Feedback

We appreciate the opinions of our customers. If you choose to help Joey by identifying potential errors or suggesting any modifications or improvements (“Feedback”), then you hereby grant Joey an unrestricted, perpetual, irrevocable, fully-paid, royalty-free right to use your Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

15. Indemnity

15.1. You agree that you are responsible for your use of the Service, and you agree to defend and indemnify Joey and its officers, directors, employees, consultants, contractors, affiliates, subsidiaries, and agents (together, the "Joey Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

(a) your access to, use of, or alleged use of, the Service;

(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

(d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.

16. Insurance & Claims

16.1. Each Order includes insurance up to $100, which applies to situations whereby an Order is damaged or lost as a result of utilising the Service. This insurance is included in as part of the transaction fee for each Order.

16.2. Additional insurance can be purchased at $1.00 per additional $100 of cover desired, up to a maximum of $500 per Order.

16.3. In the event that a Package or Order is damaged or lost, you must notify Joey of the issue affecting the Order (a “Claim”), within ten (10) business days from the Drop Off Time of the Order with the affected issue. Joey is not liable for any Claims made outside of this period. 

16.4. By making a Claim, you confirm that:

i)  your Order does not contain any prohibited goods, as outlined in Section 7.

(ii) the Order has been lost or damaged after it was picked up, and before it was delivered

(iii) Joey has declared the parcel as lost or damaged as a result of utilising the Service, after the conclusion of an internal review. 

(1) "Lost" meaning the parcel was unable to be found or located.

(2) “Damaged” meaning the contents of the parcel has been materially impaired with respect to its value or function during delivery by Joey or a Delivery Partner.

(iv) the Claim includes documentation proving the value of the parcel contents, and evidence of adequate packaging and proper labelling.

(v) the Claim will be invalidated if it cannot be determined that the loss or damage was caused or contributed to by Joey through reasonable enquiry conducted by Joey. 

(vi) the Claim will be invalidated if the Order is lost or damaged due to force majeure including, but not limited;

(1) acts of god

(2) any natural disaster

(3) acts of war

(4) Terrorism

(5) pandemic

(6) sabotage

(7) revolution

(8) governmental acts and orders or restrictions

(vii) the Claim’s value is limited by the Terms outlined in Section 17.

(viii) you cannot make a Claim if your Package or Order is also covered by a third-party cover provider and you have already filed a claim with them.

16.5. Any Claim which does not comply with the entirety of Section 16.3 and 16.4 will render the Claim invalid.Any breaches in Section 16.4 will immediately indemnify any Claim.

17. Limitation of Liability

17.1. In no event will the Joey entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any Materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Joey entity has been informed of the possibility of damage.

17.2. You agree that if any lawsuit or court proceeding is permitted under this agreement, the aggregate liability of the Joey entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the lesser of:

(a) ten (10) times the amount you have paid to Joey for the delivery of the impacted Order;

(b) $100.

17.3. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.

17.4. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this clause 17 will apply even if any limited remedy fails of its essential purpose.

18. Governing Law

18.1. These Terms are governed by the laws of the laws of Victoria, Australia without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Joey agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Melbourne, Victoria for the purpose of litigating any dispute. We operate the Service from our offices in Melbourne, Victoria, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

19. General

19.1. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Joey regarding your use of the Service.

19.2. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.

19.3. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.

19.4. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

19.5. Use of clause headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.

20. Dispute Resolution

20.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

20.2. Notice

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

20.3. Resolution

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Institute of Victoria or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Melbourne, Australia.

20.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

20.5. Termination of Mediation

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

21. No Class Actions

21.1. You and Joey agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Joey agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding

22. Venue and Jurisdiction

22.1. The Services offered by Joey is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the PlatformWebsite, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

23. Independent Legal Advice

23.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

24. Severance

24.1. If any part of these terms is found to be void or unenforceable by any court of competent jurisdiction that part shall be severed and the rest of the Terms shall remain in force.

25. Consent to Electronic Communications

25.1. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

26. Contact Information

26.1. You may contact the team at Joey by emailing us at hello@joeydelivers.com.au