Terms & Conditions
Welcome to Safver! We are looking to connect Drivers, Owner-Drivers and Companies all across Australia, quickly and easily through our Platform. Before you continue using our Platform, please read these marketplace terms and conditions (Terms) as they set out your rights and responsibilities.
On our Platform, people who can drive a truck (Drivers), people who own their own truck and want to offer their services (Owner Drivers) and companies who need people to drive for them (Companies) can connect (Platform). Our Platform allows for Driver and Owner-Driver searches and for the management of individuals and fleets.
These Terms are entered into between 3rd Eye Movement Pty Ltd ABN 22 665 332 650 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy. These Terms govern your access to and use of our website(s), our APIs, mobile app, and any other software, tools, features, or functionalities provided on or in connection with the Platform.
In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Driver or Owner-Driver; or (2) the person or entity registered with us as a Company. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- We may amend these Terms or your Membership at any time, by providing written notice to you;
- Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
- To the maximum extent permitted by law, the Membership Fees are non-refundable;
- Our liability under these Terms is limited to us repaying you the amount of the Membership Fees paid by you to us in the month in which the Safver Services were provided to which the Liability relates, and we will not be liable for Consequential Loss;
- We will have no liability for the use or results of any Third Party ID Service or Identity Check, any aspect of the Company and Driver or Owner-Driver interaction including the services offered by the Driver or Owner-Driver, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control;
- We may terminate these Terms at any time by giving 30 days’ written notice to you;
- We will handle your personal information in accordance with our privacy policy, available at https://safver.com.au/privacy-policy; and
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform;
Nothing in these terms limit your rights under the Australian Consumer Law.
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Acceptance and Platform Licence
- You accept these Terms by checking the box, clicking “I accept”, registering on the Platform, or using the Platform or the Safver Services.
- You must be at least 18 years old to use the Platform.
- We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Cancellations and Changes to your Membership” clause.
- If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
- Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
- When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Platform to defame, harass, threaten, menace or offend any person;
- using the Platform for unlawful purposes;
- interfering with any user of the Platform;
- tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
- using the Platform to send unsolicited electronic messages;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
- facilitating or assisting a third party to do any of the above acts.
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Account
- You must register on the Platform and create an account (Account) to access the Platform’s features.
- You may only have 1 Account as a Driver or Owner-Driver or Company on the Platform.
- You must provide basic information when registering for an Account including your business or trading name, contact name and email address and you must choose a password.
- Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
- All personal information you provide to us will be treated in accordance with our Privacy Policy.
- You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
- You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
- If you are a Driver or Owner-Driver, we will review your request for an Account before approving the request. We may request additional information, including information related to our Third Party Identity Check. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
- We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
- When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods as set out on our Platform.
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Platform summary
- The Platform is a marketplace where Companies and Drivers and Owner-Drivers can find each other, buy and sell services online, store their documentation and engage with training. We provide the Platform to users (including hosting and maintaining the Platform), process payments between Companies and Drivers and Owner-Drivers and facilitate training and certification for Drivers and Owner Drivers (together the Safver Services). You understand and agree that we only make available the Safver Services. We are not party to any agreement entered into between a Company and a Driver or Owner-Driver and we have no control over the conduct of Drivers and Owner-Drivers, Companies or any other users of the Platform.
- A Driver or Owner-Driver wanting to provide services creates an Account on the Platform and posts an accurate and complete description of the services they can provide, including the fees for the services (Listing Fees) and their qualifications, location and available times (Driver and Owner-Driver Listing).
- A Company wanting to buy services creates an Account on the Platform to view and browse Driver and Owner-Driver Listings.
- A Company may request services described in a Driver and Owner-Driver Listing by sending a request through the Platform. The request is an offer from the Company to the Driver or Owner-Driver to book the services described in the Driver and Owner-Driver Listing (Booking Request).
- If the Driver or Owner-Driver accepts the Booking Request through the Platform, it becomes a Confirmed Booking.
- By accepting a Booking Request, the Driver or Owner-Driver confirms that it is legally entitled to and capable of supplying the services described in the Booking Request.
- Companies and Drivers and Owner-Drivers may enter into written agreements in relation to the services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
- Drivers and Owner-Drivers must include all additional terms and conditions relating to their services in the relevant Driver and Owner-Driver Listing or must clearly state that there are additional terms and conditions. By sending a Booking Request, a Company is accepting the additional terms and conditions of the relevant Driver or Owner-Driver.
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Safver Services
- In consideration for your payment of the Fees, we agree to provide you with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your Account.
- We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
- Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the help desk, via the Platform, over the phone, or via email. We will endeavour to respond to any support requests in a reasonable period.
- You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
- To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
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Communication
- We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
- Companies and Drivers and Owner-Drivers can communicate privately using our private messaging service or offline using the listed contact details once a Booking has been made. Companies and Drivers and Owner-Drivers must not communicate outside of the Platform until a Booking has been made. Companies and Drivers and Owner-Drivers must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Membership Fees to us.
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Memberships
- Your Membership may begin with a free trial. The free trial period of your Membership will last for the period specified on the Platform. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible. After the trial period expires, you will have the choice to continue using the Platform or cancel your subscription. We will not automatically bill you when your free trial expires. If you choose to continue, we will charge your chosen payment method for the Membership you have chosen and its corresponding membership fee (Membership Fee) The date you make payment, your Membership will start and the free trial will end. If you cancel prior to the end of your Free Trial, you will not be charged.
- There is no minimum term to your Membership, and you may cancel your Membership at any time in accordance with these Terms.
- Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing monthly basis, and you will be charged the same Membership Fee each month, starting on the date you sign up and for each month thereafter (Payment Date).
- Cancellations and Changes to your Membership: If you wish to cancel, suspend or change your Membership (for example, by upgrading to a different Membership tier), you must provide notice to us through your Account by completing the cancellation form that you wish to cancel or vary your Membership at least 24 hours before the next Payment Date. Email or phone cancellations are not valid methods of unsubscribing. If you vary your membership and the Membership Fee also varies, you will be charged the new Membership Fee on the next Payment Date. If you cancel your Membership before the next Payment Date, your cancellation will take effect immediately and you will be charged the prorated amount for the days you used the Service.
- To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.
- We may need to change the Membership (for example, the inclusions and exclusions) and Membership Fee from time to time. If we change your Membership or Membership Fee, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the new Membership Fee to your existing payment details for all future Payment Dates, and your Membership changes will take effect on the same date. If you do not agree with the new Membership or Membership Fee, you may cancel your Membership in accordance with these terms.
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Payments
- As a Company, you agree to pay (and your chosen payment method will be charged) the Listing Fees when a Booking Request is accepted and becomes a Confirmed Booking.
- Upon receipt of the Listing Fees from the Company, our third party payment processor will hold the Listing Fees until such time as the Driver or Owner-Driver has completed the services in the Confirmed Booking, or until such time as the Listing Fees are refunded to the Company (if the Company is entitled to a refund in accordance with these Terms).
- We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
- The payment methods we offer for the Membership Fees and for the Listing Fees are set out on the Platform. We may offer payment through a third-party provider for example, Afterpay, ZipPay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
- You must not pay, or attempt to pay, the Listing Fees or the Membership Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
- You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
- We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
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Refunds and Cancellation Policy
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The cancellation, variation, or refund of any services ordered on this Platform is strictly a matter between the relevant Company and Driver or Owner-Driver. The terms and conditions agreed to between the Driver or Owner-Driver and the Company must be set out clearly in the relevant Listing or Booking Request.
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For disputes between Companies and Drivers and Owner-Drivers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
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This clause will survive the termination or expiry of these Terms.
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Identify verification
- If we choose to conduct identity verification or background checks on any Driver or Owner-Driver, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Driver or Owner-Driver or guarantee that a Driver or Owner-Driver will not engage in misconduct in the future. Any verification of Drivers and Owner-Drivers on the Platform is not an endorsement or recommendation that the Driver or Owner-Driver is trustworthy or suitable. You should do your own due diligence before engaging a Driver or Owner-Driver for services.
- As a Driver or Owner-Driver, we may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).
- Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check; and (3) you will be charged a non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms.
- Following a successful Identity Check, you acknowledge and agree that (1) we may permit you to use verification signs, icons or badges in connection with your Account to indicate that a successful Identity Check has been performed (Verification Icon); and (2) a Verification Icon may only be used by the individual or business for whom the relevant Identity Check has been successfully performed and the relevant Verification Icon has been issued, and then, only where that individual is directly providing the relevant services.
- You acknowledge and agree that (1) the Identity Check and the issuance of a Verification Icon may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks or the Verification Icons, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.
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Reviews
- Companies, Drivers and Owner-Drivers may review their experience with the Driver or Owner-Driver on the Platform, including by reviewing the services or their experience with the other user (Review).
- Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
- You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- Companies may not write a review about a Driver or Owner-Driver if you are an executive or employee of that Driver or Owner-Driver, or work for the Driver or Owner-Driver. Similarly, Companies may not write a Review about a direct competitor to the Driver or Owner-Driver that you are employed by or work for.
- Your experience or interaction with the user you are reviewing must have occurred in the 12 months prior to you writing a Review.
- You may only write about your own experience. You are not permitted to write a Review about somebody else’s experience, such as that of a family member or friend.
- You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a user to write a Review, you should include information about this in your Review. Incentives include being offered a gift, reward, discount or advantage for writing a Review about the user on the Platform.
- This clause will survive the termination or expiry of these Terms.
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Intellectual Property
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All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
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We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
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You must not, without our prior written consent:
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copy, in whole or in part, any of Our Intellectual Property;
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reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
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breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
- Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
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This clause will survive the termination or expiry of these Terms.
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Content you upload
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You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
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If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
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You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:
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you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
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neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
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We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
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This clause will survive the termination or expiry of these Terms.
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Acceptable Use
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You must not do or attempt to do anything that in unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes
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anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
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using the Site to defame, harass, threaten, menace or offend any person;
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using the Site to share any content that is pornographic or obscene;
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using the Site for unlawful purposes;
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interfering with any user of the Site;
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tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
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using the Site to send unsolicited electronic messages;
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using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
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facilitating or assisting a third party to do any of the above acts.
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Third Party Inputs
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You acknowledge and agree that the Services may interact with, or be reliant on, certain Third Party Inputs, including your operating system, web browser, and our vendors, who supply hardware, software, storage and other related technology (Third Party Inputs).
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We do not make any warranty or representation in respect of any Third Party Inputs.
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As a cloud-based Platform, new features added into the Platform from any Third Party Input or as part of our updates may result in unintentional bugs. We will use reasonable endeavours to efficiently resolve any technical issues within a reasonable period. Encountering and reporting a bug or glitch does not entitle you to free service, refunds, credit, or compensation of any kind from us
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To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Inputs, subject to clause 14.5.
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Should any unavailability, error or change to a Third Party Input have a substantial and adverse impact on your use and enjoyment of the Services you agree to notify us in writing within 10 days of the change coming into effect and following receipt of such notice by us, we will use all reasonable endeavours to work together with you to resolve the matter.
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This clause will survive the termination or expiry of this Agreement.
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Warranties
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You represent, warrant and agree that:
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you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
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you will be responsible for maintaining the security of your Account and your password;
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you will be responsible for all content posted and any activity occurring on your Account;
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you will be responsible for all content posted and any activity occurring on your Account;
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all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
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you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
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where you are a Driver or Owner-Driver, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Driver and Owner-Driver Listings;
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where you are a Driver or Owner-Driver, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and
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where you are a Driver or Owner-Driver, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services and the price you charge for services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your services.
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Australian Consumer Law
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Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
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If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
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Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
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As a Company, the services provided by a Driver or Owner-Driver may also confer on you certain rights under the ACL.
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This clause will survive the termination or expiry of these Terms.
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Exclusions to liability
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Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
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the use or results of any Third Party ID Service or Identity Check;
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any aspect of the Company and Driver or Owner-Driver interaction including the services offered by the Driver or Owner-Driver, the description of the services requested or offered, any advice provided, the performance of services or; and
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any event outside of our reasonable control.
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You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Acceptable Use clause, the Confidentiality clause and the Intellectual Property clause of these Terms.
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This clause will survive the termination or expiry of these Terms.
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Limitations on liability
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To the maximum extent permitted by law:
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neither Party will be liable for Consequential Loss;
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each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
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our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Safver Services to you or, in our sole discretion, to us repaying you the amount of the Membership Fees paid by you to us in the month in which the Safver Services were provided to which the Liability relates.
- This clause will survive the termination or expiry of these Terms.
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Termination
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Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.
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We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).
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These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
- the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
- the Defaulting Party is unable to pay its debts as they fall due.
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Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
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Upon expiry or termination of these Terms:
- we will remove your access to the Platform;
- we will immediately cease providing the Safver Services;
- you agree that to the maximum extent permitted by law, any payments made by you to us (including any Membership Fees) are not refundable to you;
- where you are a Company, we will cancel any existing Confirmed Bookings and you will lose any Listing Fees and other amounts paid other than where termination is due to our Termination for Convenience;
- where you are a Driver or Owner-Driver, we will cancel any existing Confirmed Bookings and refund the relevant Companies in accordance with the Refunds and Cancellation Policy clause; and
- where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).
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Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
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This clause will survive the termination or expiry of these Terms.
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Driver and Owner-Driver insurance
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As a Driver or Owner-Driver, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Companies. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
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General
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Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld)
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Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
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Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
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Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Company and us, or a Driver or Owner-Driver and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
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Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
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Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
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Governing law: This Agreement is governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts
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Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
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Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Safver Services to you, including on our website or in our promotional material
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Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties
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Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
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Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links
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Definitions
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Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise
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Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing
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Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
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Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
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Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise
For any questions or notices, please contact us at:
3rd Eye Movement Pty Ltd | ABN 22 665 332 650
Email: info@safver.com.au
Last update: 17 June 2022
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