Drive Yello Pty Ltd ACN  604 424 839 (MPC) is the developer of the Software and the provider of the MPC Service.

In order to access and use the MPC Service and the Software, you must accept the terms and conditions that are set out below (Terms).  Please read the Terms carefully, as they constitute a legal agreement between you and MPC.  If you do not accept the Terms, you must not access or use the Software or the MPC Service.

MPC reserves the right to amend the Terms without prior notice to you, by posting an updated version of the Terms on the Website.  If you are registered as a user, MPC will notify you of amendments to the Terms via the email address which you provided to receive email communications from MPC.  If the Terms are amended, you must comply with the updated version of the Terms.  You agree that your continued use of the Software and the MPC Service after amendments are made constitutes your acceptance of the amendments and evidence of your agreement to abide by (and be bound by) such amendments.  MPC recommends that you regularly check the Terms for any amendments.

If you do not understand the Terms or if you have any questions, please contact MPC on 1300 731 000 or email MPC at [email protected]

YOU SHOULD BE AWARE OF SEVERAL KEY TERMS 

This summary is designed to assist you by disclosing certain terms that may affect you.  However, it is not a substitute for reading and understanding the Terms, and it is not intended to substitute, expand or amend the Terms.  Unless otherwise stated, capitalised terms used in this summary have the meaning given to them in the Terms.  Please contact MPC if you have any questions.

Software, MPC Service and Delivery Service

The Software and the MPC Service are based on the model of the ‘gig economy’ and permit you to obtain Delivery Services from Couriers.  Importantly:

  • MPC does not employ any of the Couriers;
  • once a Courier has accepted your request for a delivery, an agreement is formed between you and that Courier; and
  • MPC is not responsible for the conduct of the Courier or the performance of the Delivery Service (including any damage to the Products that occurs during delivery).

You are using Delivery Services at your own risk and you are solely responsible for taking such precautions as may be reasonable and proper regarding your relationship with a Courier.

Products

You must pack the Products appropriately for transportation.  There are restrictions on the types of Products that can be transported by a Courier.  Specifically:

  • the weight of a packed Product must not exceed the weight stipulated in the App; and
  • the dimensions of a packed Product must not exceed the dimensions stipulated in the App. 

Fees

With regard to each Delivery Service, you will be charged the following fixed fees:

  • a Delivery Fee due to the Courier; and
  • a MPC Fee due to MPC.

The amount of the fees will be advised via the Software.  Payment is organised and processed via the MPC Service.

Liability and indemnity

Overall, MPC is limiting and excluding certain liability to you.  However, nothing in the Terms excludes, restricts or modifies the operation of the Consumer Guarantees.  The Terms also require you to indemnify MPC in respect of Infringement Claims – for example, if you breach the rights of a third party or if you provide MPC with data that you are not authorised to provide.

Suspension and termination

You must ensure that you comply with the Terms.  Otherwise, MPC may suspend or terminate your access to the Software and the MPC Service.

  1. LICENCE GRANT
    1. Subject to your compliance with these Terms and your registration with MPC (at all relevant times), MPC grants you a non-exclusive and non-transferable right to access and use the Software and the MPC Service.  All rights not expressly granted to you are reserved by MPC and its licensors.
    2. You must not:
      1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software or the MPC Service in any way;
      2. modify, or make derivative works based on, the Software or the MPC Service;
      3. create Internet “links” to the Software or the MPC Service;
      4. “frame” or “mirror” the Software on any other server, wireless or Internet-based device;
      5. reverse engineer, decompile, modify, or disassemble the Software, except to the limited extent expressly permitted by applicable laws;
      6. access and/or use the Software in order to:
        1. build a competitive product or service;
        2. build a product using similar ideas, features, functions or graphics as the Software or the MPC Service; or
        3. copy any ideas, features, functions or graphics of the Software or the MPC Service; or
      7. launch an automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Software or the MPC Service.
    3. You must not access and/or use the Software or the MPC Service in contravention of applicable laws or to:
      1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
      2. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material (including material harmful to or not suitable for children or violative of any individual’s privacy rights);
      3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
      4. interfere with or disrupt the integrity or performance of the Software or the MPC Service, or the data contained therein;
      5. attempt to gain unauthorized access to the Software or the MPC Service (including related systems or networks); or
      6. assist or enable any other person to do or attempt to do any of the foregoing.

Ownership and data

  1. MPC and its licensors (where applicable) own all rights (including Intellectual Property Rights) in and to the Software and the MPC Service.
  2. You grant to MPC, the right to host, use, process, display and transmit the User Data to provide the MPC Service.  You are responsible for the accuracy, quality, integrity, reliability and appropriateness of the User Data, and for obtaining all rights related to the User Data which are required by MPC to provide the MPC Service.
  3. MPC may:
    1. compile statistical and other information related to the performance, operation and use of the Software and/or the MPC Service, and
    2. use data from the Software and/or MPC Service in aggregated form:
      1. for security and operations management;
      2. for platform development;
      3. to create statistical analyses; and
      4. for research and development purposes,

(together, Service Analyses).  MPC retains all rights (including ownership and Intellectual Property Rights) in Service Analyses.

  • OBLIGATIONS AND RESPONSIBILITIES
    1. You must ensure that the Products are packed appropriately, in a manner that enables the Products to be safely transported and delivered (having regard, among other things, to the mass, dimension and loading of the Products).  The weight of all packed Products transported as part of a single Ride must not exceed the weight stipulated in the App.  The dimensions of a packed Product must not exceed the dimensions stipulated in the App.  All packed Products transported as part of a single Ride, when taken together, must fit comfortably in the boot of a mid-size motor vehicle or a backpack for bicycle or motorbike deliveries.  
    2. You must not use the MPC Service to send or obtain Prohibited Items.  It is your responsibility to ensure that you have checked the list of Prohibited Items each time you use the MPC Service.
    3. Despite clause 2.2, you may use the MPC Service to send alcoholic beverages provided that:
      1. the Products are suitably packed; and
      2. the Recipient is not a minor,

and you acknowledge and agree that the relevant Delivery Service will not be completed if doing so would infringe principles around the Responsible Service of Alcohol.  

  1. By using the MPC Service, you acknowledge and agree that a relationship exists between the relevant Courier and you in relation to (and for the duration of) the Delivery Service performed by that Courier.
  2. You also acknowledge and agree that MPC:
    1. is not offering or providing any Delivery Service; and
    2. is only providing a marketplace:
      1. to connect you with potential Couriers; and
      2. to facilitate payments between you and Couriers;
    3. does not participate in the interaction between you and Couriers, except to the limited extent expressly set out in these Terms (including in clause 4); and
    4. does not take, at any time, any title to the Products;

and accordingly, MPC is not responsible or liable for:

  1. your actions, omissions or behaviour;
  2. the actions, omissions or behaviour of any Courier (including the manner in which the Courier performs a Delivery Service);
  3. the performance of (or, subject to clause 4.6, any payment for) any Delivery Services, including with regard to the reliability, timeliness, quality, suitability or availability of the Delivery Services or any goods delivered through the use of the Delivery Services; or
  4. any loss of, or damage to, any Products or any other property or goods arising out of or in connection with the performance of any Delivery Service.
  1. To the maximum extent permitted by law, including the Australian Consumer Law, you agree that you are using the Delivery Services at your own risk and, without limiting the foregoing, that:
    1. you are solely responsible for taking such precautions as may be reasonable and proper regarding your relationship with a Courier; and
    2. independent factors such as traffic and weather conditions, as well as the acts and omissions of the Courier, may cause delays in the performance of a Delivery Service.
  2. Both parties must comply with all applicable laws, regulations, rules, statutes or ordinances (including applicable laws relating to the Products, the Software, the MPC Service and the Delivery Service, whether or not those have been advised by MPC).
  3. Your User ID, and any passwords used in connection with the Software or the MPC Service, must be kept confidential and safely stored at all relevant times.  You must not:
    1. disclose your User ID, or any associated password, to any person; or
    2. permit another person to access or use the Software and/or MPC Service with your User ID,

and you are responsible for any misuse of your User ID.

  1. You must immediately notify MPC of any actual or suspected security breach or improper use of your User ID..
  2. To the maximum extent permitted by law, Couriers are not employees of MPC, and MPC is not responsible for any and all salary, wages, superannuation, employment benefits (if any) and/or tax arising in connection with the provision of the Delivery Service by the Courier.
  3. You must not:
    1. pay or remunerate any Courier otherwise that by paying the applicable Delivery Fee via the MPC Service;
    2. require that any Delivery Services be performed by a specific Courier;
    3. supply any tools, vehicles, devices or equipment to a Courier;
    4. supply to a Courier, or require a Courier to wear, any apparel, clothing, logo or commercial trademark;
    5. require the distribution or presentation of any presentation, document, signage, sales advertising or promotional marketing material by a Courier;
    6. request or require a Courier to work specific hours or times;
    7. provide or require any Courier to undertake education or training; or
    8. require a Courier to comply with any policy or procedure.
  • USE OF THE SOFTWARE AND MPC SERVICE
      1. Once a Courier has accepted your request for delivery:
        1. the Courier will receive User Information (including your name and geo-location); and
        2. you will receive Courier Information for that Courier (including the Courier’s name, photo and geo-location), via the Software.  For clarity, you must inform the Courier of the designated address for delivery via the Software.  In all cases, the designated address for delivery must be within allowed distance to deliver. 
      2. There may be circumstances where a Delivery Service is cancelled after a Courier has accepted your request for delivery.  This includes situation where the Courier declines to pick-up or deliver the Products because the packaging or the Products themselves do not comply with clause 2.1.
      3. A Courier who has performed a Delivery Service may be asked by MPC to comment on the Delivery Service and to provide a score for the Delivery Service and the Courier’s interaction with you.  MPC may also request you to comment on and to provide a score for the Courier.  MPC reserves the right to post comments and scores on the App or the Website (or such other platforms as owned, controlled or managed by MPC) without reference to you or a Recipient.  You must provide accurate and objective feedback on the Courier that does not violate any applicable laws and regulations.  If you wish to discuss a comment or score, you may contact MPC.  
      4. The Software and the MPC Service are provided “as is” and “as available”.  Subject to clause 6.1, to the maximum extent permitted by law, all representations, guarantees, conditions, warranties, indemnities or undertakings that would be implied in (or affect) this Agreement by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage are excluded.  Without limiting the foregoing, MPC cannot guarantee that access to the Software, MPC Service or Website will be uninterrupted or error free.  In addition, MPC cannot guarantee that no viruses or other contaminating or destructive code will be transmitted or that no damage will occur to your mobile device.  For clarity, MPC does not warrant or guarantee that Couriers will be available at all times and/or in all areas.  To the maximum extent permitted by law, MPC is not responsible if you incur any Loss as a result of any of the matters set out in this clause 3.4.
      5. The Software and the MPC Service may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications.  MPC is not responsible for any delays, delivery failures, or other damage resulting from such problems.
  • CALCULATION OF FEES & PAYMENT
    1. The pricing structure used in calculating the Delivery Fee and the MPC Fee will be advised to you via the Software, or can be communicated to you by MPC.  As part of the services provided to you, MPC may arrange for a third party payment processor or mobile payment platform to process the payment of the Delivery Fee and the MPC Fee via the Software.
    2. For each Ride, you must pay:
      1. the Delivery Fee to the Courier; and
      2. the MPC Fee to MPC,
    3. The Delivery Fee and the MPC Fee are fixed fees per Ride.  A Delivery Fee may be charged, at MPC’s discretion, if you cancel a Ride after a Courier has been assigned to pick up the delivery.
    4. MPC operates (and you accept) a system for invoices being issued by MPC, for and on behalf of the Courier, to you.  The invoices issued by MPC include the Courier’s name, Australian Business Number, details about the relevant delivery and total cost (including GST) 
    5. You must notify MPC of any corrections necessary to the receipt for a Ride within Fourteen Business Days after each Ride.  Unless MPC receives notice in accordance with this clause 4.5, MPC will not be liable for any mistakes in the receipt or in any calculation of the Delivery Fee or the MPC Fee. [email protected]
    6. Provided that you pay all applicable fees when due, MPC will ensure that the payment platform permits the Couriers to receive the applicable Delivery Fees.

GST 

  1. For the purposes of these Terms:
    1. if one party (in this clause, the supplying party) makes a taxable supply and the consideration for that supply does not expressly include GST, the party that is liable to provide the GST-exclusive consideration (in this clause, the receiving party) must also pay an amount (in this clause, the GST amount) equal to the GST payable in respect of that supply;
    2. the receiving party must pay the GST amount when it is liable to provide the GST-exclusive consideration and the supplying party must issue a tax invoice or adjustment note to the receiving party as appropriate;
    3. if a payment to a party under these Terms is a reimbursement or indemnification, calculated by reference to a Loss suffered or incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party, or the representative member of the GST group that party is a member of (as the case may be), is entitled for that Loss; and
    4. terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (in this clause, the GST Act) have the meaning given in the GST Act, unless the context makes it clear that a different meaning is intended.

RELATIONSHIP BETWEEN THE PARTIES

      1. The relationship between the parties is solely that of independent contracting parties.  The parties agree that no joint venture, partnership, employment, or agency relationship exists between them as a result of these Terms or the use of the Software or the MPC Service.

LIABILITY AND INDEMNITY

Australian Consumer Law

  1. Nothing in this Agreement (including the limitations and exclusions of liability in this clause 6) excludes, restricts or modifies any Consumer Guarantee, right or remedy conferred on you by the Australian Consumer Law, or any other applicable law that cannot be excluded, restricted or modified by agreement.

Limitations and exclusions of liability

  1. If you are acquiring the MPC Service as a Consumer, to the maximum extent permitted by law, MPC’s liability for a failure to comply with a Consumer Guarantee in relation to the MPC Services is limited to (at MPC’s option):
    1. in relation to goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and
    2. in relation to services, re-supplying the services or paying the cost of having the services re-supplied; and
  2. Subject to clauses 6.1 and 6.2, to the maximum extent permitted by law:
    1. MPC’s total aggregate liability arising under or in connection with these Terms, or from the use of (or inability to use) the Software and/or the MPC Service, is limited to $1000; and
    2. MPC is not liable for:
      1. any indirect, incidental, special, exemplary, punitive or consequential losses or damages;
      2. any loss of use, benefits or data;
      3. any damages for service interruption, computer damage, damage to a device (including a mobile phone or tablet), or system failure;
      4. any downtime costs;
      5. Losses under or in relation to any other contract;
      6. Losses suffered or incurred by any third party; or
      7. any other Loss that does not arise naturally (that is according to the usual course of things) from an event giving rise to the Loss,

arising under or in connection with these Terms, or from the use of (or inability to use) the Software and/or the MPC, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MPC has been informed of the possibility of such Loss.

  1. The limitations and exclusions in clause 6.3 do not apply to MPC’s liability for Loss suffered or incurred in respect of:
    1. death or personal injury; or
    2. damage to, or loss or destruction of, tangible property,

to the extent that the Loss is directly attributable to the fraud, negligence or unlawful acts or omissions of MPC or its Personnel.

Indemnity

  1. You indemnify MPC and MPC’s Personnel (together, the Indemnified Persons) against any Loss suffered or incurred by the Indemnified Persons arising in connection with:
    1. an Infringement Claim;
    2. services or goods sent or obtained through your use of the MPC Service (including if you use the MPC Service to send or obtain Prohibited Items); or
    3. your fraudulent, negligent or unlawful acts or omissions, including where those acts or omissions cause damage to (or loss or destruction of) tangible property, death, personal injury or mis-delivery (including delivery otherwise than to the relevant Recipient, delayed delivery, early delivery or failure to deliver).
  2. Your liability to MPC under clause 6.5 will be reduced proportionately if, and to the extent that, the relevant Loss is directly attributable to the negligence or wrongful act or omission of an Indemnified Person.

SUSPENSION

      1. MPC may suspend, limit or otherwise restrict you from accessing or using the Software:
        1. for security or technical reasons (including if your use of the Software impairs access or use by other users);
        2. if you have breached these Terms;
        3. if you breach the MPC Standards.  
      2. MPC will notify you of any suspension, limitation or restriction made under clause 7.1.  However, you acknowledge and agree that where the suspension, limitation or restriction results from security or technical issues, notice may be given only after the occurrence of the event giving rise to the relevant suspension, limitation or restriction.

TERMINATION

      1. MPC may terminate these Terms with respect to you, or cease offering or deny access to the Software and/or the MPC Service to you:
        1. immediately, if you:
          1. commit a material breach of these Terms;
          2. your access or use of the Software or MPC Service is fraudulent or otherwise breaches any applicable law; or
          3. do not, or are likely not to, qualify to access and use the Software and/or the MPC Service pursuant to an applicable law or due to your failure to comply with the MPC Standards; or
        2. by giving you reasonable notice, if MPC stops making the Software and/or the MPC Service available for any business, legal or regulatory reason.
      2. If MPC exercises its right under clause 8.1, you will no longer be authorised to access or use the Software of the MPC Service.
      3. You may stop accessing and using the Software and the MPC Service at any time, for any reason.
      4. Termination does not extinguish or otherwise affect any rights or remedies of either party which arose before to the time of termination, or the provisions of these Terms which by their nature survive termination.

PRIVACY

      1. MPC will collect, use, hold, disclose and otherwise handle Personal Information in accordance with MPC’s privacy policy (as amended from time to time) which is available on the Website or via the App.  This may include Personal Information about you (such as your name and email address) and Personal Information about Recipients (such as their name and address).
      2. You must ensure that you have received all necessary consents before disclosing any Personal Information to us, including Personal Information about a Recipient.

DISPUTES

      1. If you have any issues in relation to these Terms, the Software or the MPC Service, you must notify MPC in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with MPC before commencing any court or tribunal proceedings.
      2. Any dispute in connection with a Delivery Service is to be addressed directly by you and the relevant Courier.  MPC will not be a party to any dispute between you and a Courier.  However, where practicable, MPC will use reasonable endeavours to assist with the resolution of a dispute between you and a Courier.

MISCELLANEOUS

Notice

  1. Notices and other communications in connection with these Terms must be in writing and sent to MPC at:

Chief operating officer
Drive Yello Pty Ltd
Level 2, 2 Hill Street
Surry Hills  NSW  2010 

  1. MPC may give you notices and other communications in connection with these Terms by means of a general notice on the Website or the app, electronic mail to your email address (provided as part of the User Information), or written communication sent to your address (provided as part of the User Information).
  2. All notices and other communications in connection with these Terms take effect from the time they are received, unless another time is specified in them.

Waiver

  1. MPC does not waive a right, power or remedy in connection with these Terms if MPC fails to exercise or delays in exercising that right, power or remedy.

Severability

  1. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.

Assignment

  1. You may not assign, novate or otherwise transfer any of your rights or obligations arising out of or under these Terms to another person without MPC’s prior written consent.
  2. MPC may assign, novate or otherwise transfer any of its rights or obligations under this Agreement, in whole or part, to a Related Body Corporate of MPC or to any other person.

Entire Agreement

  1. You agree that you have not relied on any previous arrangements, agreements, pre-contractual representations, understandings or statements (whether orally or in writing) in accepting these Terms.  These Terms:
    1. constitute the entire agreement between the parties on the subject matter of these Terms; and
    2. supersede any other agreements, correspondence or understandings between the parties in connection with the subject matter of these Terms.

Governing law and jurisdiction

  1. These Terms are governed by the laws of New South Wales.  The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, and will not object to the exercise of jurisdiction by those courts on any basis.

Survival

  1. The parties agree that clauses 1.7, 2.11, 4.7, 6, 9, 10, 11, 12 and any other provision of these Terms which, by its nature, should survive the termination, survive the termination.

Force Majeure

  1. If a party is unable to perform or is delayed in performing an obligation under these Terms (other than an obligation to pay money) because of an event beyond that party’s reasonable control (Force Majeure Event), that obligation is suspended but only so far and for so long as it is affected by the Force Majeure Event.
  • DEFINITIONS AND INTERPRETATION
    1. In these Terms, unless the contrary intention appears:

App means the software application developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by MPC (or its Related Bodies Corporate) to run on smartphones, tablet computers and/or other devices, through which the MPC Service is made available.

Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day other than a Saturday, Sunday, public holiday or bank holiday in Sydney, New South Wales.

Consumer has the meaning given in section 3 of the Australian Consumer Law.

Consumer Guarantees means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.

Corporations Act means the Corporations Act 2001 (Cth).

Couriers means a person who renders a Delivery Service and who is both:

(a) registered and authorised by MPC to use the App; and

(b) engaged via the MPC Service (that is, the relationship between you and a Courier arises solely from your use of the App).

For clarity, Couriers are not Personnel of MPC.

Courier Information means information about a Courier which is provided to you via the App.  This may include the Courier’s name, Vehicle details and other relevant information.

Delivery Fee means the fee that you must pay the Courier for a Delivery Service.

Delivery Service means the delivery of Products to the designated address of a Recipient by a Courier, through the use of the App.

MPC Standards means the minimum standards developed by MPC which are available at  http://mypersonalcourier.com/standards, as amended by MPC from time to time.  

Equipment means the Vehicle plus any safety equipment (such as helmets for motor-bikes and mopeds), smartphone, food satchels, or any other equipment deemed necessary for the Delivery Services.

Intellectual Property Rights means any patent, copyright, invention, database right, design right, registered design, trademark, trade name, brand, logo, slogan, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (under whatever extension, e.g. .com, .au, .fr, .eu, etc.) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction anywhere in the world.

Infringement Claim means a claim by a person that:

(a) you have infringed the rights (including Intellectual Property Rights) of that person, where the infringement occurred as a result of you breaching any provision of these Terms; or

(b) the provision of any material (including the User Data) by you, or its enjoyment or use in accordance with these Terms, infringes the rights (including Intellectual Property Rights) of that person.

Losses means all liabilities, losses, damages, costs, fines and expenses suffered or incurred by any person whether arising in contract or tort (including negligence) or under any statute or under any other cause of action, and Loss has a corresponding meaning.

MPC Fee means the fee that you must pay MPC for a Delivery Service rendered by a Courier.

MPC Service means the on-demand service made available by or on behalf of MPC that allows you to request Delivery Services from a Courier as available to and accepted by you.  The MPC Service also includes MPC’s arrangement for a third party payment processor or mobile payment platform to process the payment of the applicable fees (including the payment of the Delivery Fee to the Courier).

Personal Information has the meaning given in the Privacy Act.

Personnel means a person’s officers, agents, contractors and sub-contractors.  In the case of MPC, Personnel does not include the Couriers.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means:

(a) the Privacy Act;

(b) any registered APP Code that binds MPC; and

(c) any other applicable legislation, principles, and industry codes and policies relating to the handling of Personal Information.

Product means an item of tangible personal property or other goods.

Prohibited Items means goods, items, articles or substances that fall within any of the following categories:

(a) weapons and explosives (including ammunition, blasting caps, fireworks, fuses, igniters, flares and sparklers);

(b) gases and aerosols (including flammable gases, non-flammable and non-toxic gases and toxic gases);

(c) flammable liquids (including cleaning compounds, gasoline, pain and solvents);

(d) flammable solids, substances liable to spontaneous combustion and substances which in contact with water emit flammable gases (including matches of all kinds);

(e) oxidising substances and organic peroxides (including bleaching agents, disinfectants, fertilisers, and some hair colouring products);

(f) toxic and infectious substances (including rat poison, solid fungicides, tear gas devices, biological products, clinical and medical waste, used medical equipment, and blood and its components);

(g) radioactive materials;

(h) corrosives (including batteries, loose/spare lithium batteries, corrosive cleaning liquids and articles containing mercury);

(i) items that a law of the Commonwealth, a state or a territory defines as dangerous;

(j) items the possession or carriage of which is prohibited by a law of the Commonwealth, a state or a territory;

(k) banknotes, coins gift cards, lottery tickets, travellers cheques, financial securities payable to the bearer, precious stones and bullions;

(l) people and live animals (including human and animal parts);

(m) narcotic goods within the meaning of the Customs Act 1901 (Cth);

(n) prescription drugs, over-the-counter medications and other pharmaceutical products;

(o) unsolicited indecent or offensive materials;

(p) tobacco, tobacco products, vaping products and similar;

(q) cannabidiol (CBD) including oil or food products, any form of marijuana or paraphernalia and other herbal controlled substances; and

(q) stolen goods and any items for which you do not have permission to send.  

Recipient means, in the context of a Delivery Service, the person you have nominated as the recipient of the relevant Product.

Related Body Corporate has the meaning given in the Corporations Act.

Ride means the transportation of Products by the Courier from the point of pick-up from you to the designated address of the Recipient.

Service Analyses has the meaning given in clause 1.7.

Software means MPC’s application and associated software known as My Personal Courier, including the App.

User Data means all data provided by you that is run on (or through) the Software or the MPC Service (including the User Information and other data relating to you, Recipients, Delivery Services and Rides).  User Data does not include Courier Information and Service Analyses.

User ID means the identification (including user name and email address) by which you can access and use the Software.

User Information means information about you which is provided to the Courier via the App, including your name and your pick-up location.

Vehicle means any motorised vehicle, motorbike, or bicycle that has been accepted by MPC and identified as the vehicle to be used by the Courier in the provision of the Delivery Service.

Website means the MPC website at Http://mypersonalcourier.com  (or such other domain name that MPC may use in relation to the Software and the MPC Service from time to time). 

You and your means the individual who has registered with MPC to access and use the Software and the MPC Service.

  1. In these Terms, unless the contrary intention appears:
  1. the singular includes the plural and vice versa, and a gender includes other genders;
  2. another grammatical form of a defined word or expression has a corresponding meaning;
  3. a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these Terms, as amended from time to time in accordance with these Terms;
  4. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
  5. a reference to A$, $A, dollar or $ is to Australian currency;
  6. a reference to time is to the time in the place where the Delivery Services are provided;
  7. a reference to a party is to a party to these Terms, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
  8. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
  9. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
  10. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
  11. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of them.
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NSW 2010

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