Bearer - legal - Business Customer Agreement

BEARER BUSINESS CUSTOMER AGREEMENT

This Contractor Agreement (“Agreement”) is entered into between You (“as the User and as the Customer”) and SeyCo Pty Ltd (ACN 626 871 225) through its fully owned subsidiary, Bearer ABN 64 626 871 225 (“Bearer”).

1.
INTRODUCTION

This Agreement does not create a joint venture, partnership, employment, or agency relationship between You and Bearer.

Bearer may subcontract any of its obligations under this Agreement without your prior written consent.

This Agreement is governed by the laws of the State of Victoria.

d. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not invalidate the rest of this Agreement.

2.
CUSTOMER REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS

If You agree to the terms contained in this Agreement, You enter into a Customer Agreement with Bearer which will govern Your relationship with Bearer and any third party contemplated in this agreement

By entering this agreement, You expressly acknowledge that You have read, considered and understood the terms of this Agreement and the obligations and responsibilities which it creates.

You represent and warrant that through the period of this agreement You have full authority to ensure compliance with its terms and conditions

You represent and warrant that You have not previously entered into and You will not, during the term of this agreement, enter into any express or implied agreement that would prevent You from complying with this agreement.

You represent and warrant that You will not use the Bearer Platform for:

i.Sending or storing any unlawful or illegal material;

ii.Deceptive or fraudulent purposes;

iii.Causing an annoyance, inconvenience, trespass, or nuisance;

iv.Any other illegal activity.

You represent and warrant that You will comply with all local, state, national and international laws when performing this agreement.

You represent and warrant that any information You provide in accordance with this agreement, or in connection with Your use of the Bearer Platform, is true, complete and current and that You will immediately inform Bearer of any changes to the information You have provided

You represent and warrant that You will not copy, distribute or in any other way make available the Bearer Platform, or the software which supports the Bearer Platform, without the express written permission of Bearer

You acknowledge that Bearer is not responsible or liable for any action or omissions of any Customer, Delivery Contractor, Delivery Recipient or other third party that You come into contact with through the use of the Bearer Platform.

You are responsible for taking all reasonable precautions to protect Yourself, Delivery Recipients, other road users and any other third party during Your use of the Bearer Platform.

3.
REQUIRMENTS TO GAIN ACCESS TO THE BEARER PLATFORM

In order to gain access to the Bearer Platform, as an Individual Customer, You must provide:

First Name;

Last Name;

Mobile Phone Number;

Email address;

Gender;

Date of Birth;

First Name;

In order to gain access to the Bearer Platform, as a Business Customer, You must provide:

Registered legal name;

ABN;

Personal contact details of authorised representative;

•

First Name

•

Last Name;

•

Gender;

•

Date of Birth;

•

Email Address;

•

Mobile Number.

4.
LICENCE

If You satisfy the requirements necessary to gain access to the Bearer Platform, as set out at Clause 3, Bearer may grant You a licence to use the Bearer Platform.

There will be no fee charged for the provision of this licence.

Your profile within the Bearer Platform will be individualised for your business. You are not able to transfer, license, share, or modify your account. You must notify Bearer if You believe anyone else has access to or has accessed, your profile within the Platform.

You are solely and fully responsible for all activities that occur under Your account in the Bearer Platform.

5.
BEARER PLATFORM AND DELIVERY PROCESS

The Bearer Platform is a mobile and desktop application that allows individuals and businesses to create Delivery Requests, which will be offered to contractors. You connect to contractors who can provide delivery services.

Delivery Requests will be generated when You submit a request:

i.If You are an Individual Customer You must download the verified Bearer App in the mobile apps stores and submit the delivery request.

ii.If You are a Business Customer You may either use the verified desktop application or the web portal and submit a delivery request.

6.
PLACING AN ORDER

Choose Origin & Destination Address: Can be set by either:

i.Searching for an address in TEXT format

ii.Placing a Pin on the map view and crosscheck with the address extracted from that pin on the address search bar (only available on Mobile apps).

Provide Sender’s (Customer) and Recipient’s contact details:

i.Name;

ii.Phone Number;

iii.Tick a checkbox if they want to secure the parcel drop-off by a verification code.

Parcel type (size) You intend to send.

Look at the price options and choose the means of transport available to send the parcel with.

Discount Code (if You have one).

Add and/or choose a payment method for paying the order.

Press PAY button to place the order.

Wait for the platform to search and allocate the job to an available courier.

If the platform is unable to find / allocate a courier, You will be asked if You wish to run a second search to find a courier for the job.

If no courier is found, You will be advised that the search was unsuccessful and the order will be automatically marked as finished.

If a courier has been allocated, You will see:

i.The details of the courier including Name and Avatar (profile) photo.

ii.Motorbike registration details (if the means of transport is motorbike).

iii.Order’s secret code for verifying the recipient.

iv.Map view showing the Origin and Destination point (pins) AND a poly line on the map just for showing one of the possible routes from the origin to the destination. (the rout is not guaranteed to be chosen by the couriers).

iv.A chat area may be used for text message communications.

v.You will ONLY see the cancelled button if the delivery driver has not arrived or informed the platform about arrival.

vi.Call Support button, if the delivery driver has arrived or while the parcel is being delivered by the courier to the destination.

7.
CANCELLATION OF AN ORDER

Once delivery request has been created:

(i)The order may be cancelled by the Customer or the courier if the courier / delivery driver has not arrived at the destination address.

(ii)If You cancel an order before the allocated courier arrives you will be asked to provide a reason for the cancellation.

(iii)For cancelling an order after the order is being accepted by a courier, a Cancellation Fee will be charged. The pricing variables and details could be found on our website. However, You are always able to negotiate and provide valid reasons to be assessed to waive the cancellation fee for an order.

(iv)Cancellation during the courier search stage or by the courier at any step while the order is being accepted or while the courier is on the way to the destination, is not subject to any penalties and fees for Customers.

(v)If You intend to cancel an order while in transit (after being picked up from the origin), the full fee for the transport will be debited from your account (card) and there will be no refunds for personal reasons for cancelling an order such as, change of mind, wrong address provided while placing an order, etc.

(vi)For such cancellations, Customers (senders) MUST contact the Bearer support team to do so. Making any contacts to the delivery courier via Chat or any means of communication is not considered as legit request and the platform is not responsible for any damages or loss if a courier or a third party involved in such scenarios and requests out of the control and supervision of Bearer platform.

(vii)If an order is being cancelled after the parcel has been picked up the parcel must be delivered back to the sender at the earliest available time by the same or another Bearer courier. In some rare circumstances, there might be times when the parcel for a cancelled order is being transferred to Bearer’s trusted party’s depot location to be delivered later to the sender.

8.
MEANS OF DELIVERY

8.1

The Bearer Platform will allow You to choose which mode of delivery Your package will take to the delivery location. The modes of transport are:

i.Walking (Walking Contractor) - People who provide the service for short distance delivery orders. Short distance means any job with less than 2.5 Km walking distance between the origin and the destination (based on real-time online enquiry to the map and partner routing service providers made by the platform. If the distance for an order is determined to be more than 2.5 Km, this option will not be shown for the Customer as an available means of transport.

ii.Cycling (Bicycle Contractor) - People who provide the service for mid-range delivery orders. Mid ranged distance means any job with less than 7.0 Km AND less than 30 minutes cycling distance between the origin and the destination (based on real-time online enquiry to the map and partner routing service providers made by the platform. If the distance for an order is being determined to be more than 7.0 Km OR takes more than 30 minutes to be reached, this option will not be shown for the Customer as an available means of transport.

iii.Motorbiking (Motorbike Contractor) - People who provide the service using motorbikes (Electric/Petrol). Motorbike riders can accept any job with less than 60 Km AND less than 75 minutes driving distance between the origin and the destination (based on real-time online enquiry to the map and partner routing service providers made by the platform. If the distance for an order is being determined to be more than 60 Km OR takes more than 75 minutes to be reached, this option will not be shown for the Customer as an available means of transport

6.2

The Bearer Platform will allow You to choose different types of parcel based on their size and weight:

Envelope:

34 x 27 x 4 cm max

0.1 ~ 1.5 Kg max

ii.

Box (Small):

34 x 32 x 10 cm max

1.0 ~ 3.5 Kg max

iii.

Box (Medium):

34 x 32 x 25 cm max

3.0 ~ 7.0 Kg max

9.
LOST AND DAMAGED PACKAGES

a.
For damaged packages:

Such issues should be reported to the platform within 24 hours after the parcel has been delivered. Neither couriers not the platform are not responsible for the packing quality and damages happen due to loose, weak, non-standard, non-protective materials used for packing. Customers need to ensure that the packing will protect the goods they send from environmental and normal carrying conditions. It is recommended to take photos of the package before handing them to the delivery drivers and keep them for further possible claims. If a damage occurs while the parcel is in transit due to an accident like vehicle crash, parcel drop, etc. and it has been reported by the delivery driver or the recipient, then Bearer will try its best to instruct the delivery contractor to pay for the damages using their own public liability or vehicle third party property damage insurance covers. In this case the fare will be fully refunded. This needs clear evidence showing that the delivery driver is responsible for the damage like photos, police reports, etc.

b.
For lost parcels:

These need to be reported as soon as the sender / recipient finds out that the parcel has not been delivered on-time (based on the delivery time estimate shown while placing an order). In such incidents, the platform will freeze the delivery driver’s account and escalate the case based on internal protocols to find the delivery person and the parcel. Although the delivery contractor is legally responsible for the loss, if after legal actions made by the platform it becomes clear that the delivery driver is not reachable, Customers can claim for the damage / loss and the platform would cover up-to $100 if enough evidence is provided by the Customer to the reasonable satisfaction of Bearer (proof of purchase, etc.). The goods covered for such claims must be within the list of eligible goods (Like not antique or hard to put a price on, etc.) mentioned on our website (or listed in this document).

For all claims, Customers must provide sufficient evidence to confirm the value of the goods being claimed for.

10.
DELIVERY OF RESTRICTED PRODUCTS

Hazardous and any illegal items, alcohol, tobacco (tobacco products) are not allowed to be sent. Bearer’s (deliverers) will not check the package for the contained products. However, the deliverers have been advised that if they discover that they are carrying a suspicious material, they must call the police without notifying the sender/recipient. You can find more details on the PACKAGING & SIZE GUIDE page (www.Bearer.au/Packaging).

11.
PAYMENTS

When Customers choose the order details (Origin, Destination, Parcel Type and Means of Transport) they will be given the exact amount they need to pay for the order (the price is not an estimate).

If a Customer wishes to apply a discount on any given order they can use their code and, if the code is valid, the amount would be adjusted based on the discount code details and specifications.

At the final step before placing an order both Business & Individual Customers must pay for the order using their bank card / bank account (direct debit) feature provided by Stripe Inc.

Stripe keeps the card / bank details on its servers and will processes the payment and ONLY accesses Bearer’s platform with the result codes (such as Authorised, Rejected, etc.)

The action at this stage of only authorising the bank card / account for the amount of the order means the amount will be held on their account until an order is finished / cancelled and the final payment amount is being captured.

After successful authorisation, platform will start searching for couriers to accept / allocate them to an order. Cancelling the order while searching will not incur any fees/penalties so the amount held will be simply released.

If the order has been allocated/accepted and subsequently cancelled by a courier, the Customer will be notified and being asked if they want to start another search for a replacement courier. Again this could be cancelled while searching or if not agreed to incurring a new search then no fees would be involved.

If the Customer intends to cancel an order after being accepted / allocated shown as “The bearer is on the way to the origin” on the app, the Customer can provide a reason for the cancellation and there will be a cancellation fee for that which is the BASE FARE for the means of transport being chosen by the Customer.

For cancellation requests while the parcel is in transit the Customer must pay the full amount.

For all above mentioned scenarios, when the job is marked as finalised by the platform, then an amount capture request will be sent to Stripe by Bearer and the amount authorised earlier will be released, captured in full or captured partially depend on what is the latest status of the finalised order.

Bearer does not keep any card / bank information on its databases as this information is all kept on the Stripe platform.

12.
PAYMENT DISPUTES

To the extent permitted by law, charges paid by You for completed and delivered orders are final and non-refundable and the Company has no obligation to provide refunds or credits. Nothing in this clause takes away from any rights You may have under the Australian Consumer Law.

In the event that Bearer fails to make payment in a timely and accurate manner you should notify Bearer of the failure and provide Bearer with 30 days to rectify the failure. If Bearer does not rectify the failure to your satisfaction or you wish to challenge a decision of Bearer, you may proceed by requesting Mediation by serving written notice (the Notice) on Bearer. If agreement is not reached with Bearer within seven (7) days of receipt of the Notice the parties must mediate the dispute in accordance with the Rules of the Australian Commercial Dispute Centre (“ACDC”) in accordance with the ACDC guidelines for commercial mediation which are operating at the time the dispute is referred to ACDC. The guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved and the terms of the guidelines are hereby deemed incorporated into this Agreement.

13.
ASSISTANCE AVAILABLE

You can find your order history and all details on them including the fare / cancellation fees for any given order. You can request a digital receipt for the paid amounts including the order details to be emailed to You.

You can contact us:

i.if You find a captured amount in your bank account which could not be linked to an order in the order history;

ii.if an authorised amount for a cancelled (types with no fees) order has not been released for more than seven (7) business days;

iii.If You have a complaint about a damaged / lost parcel and raised the claim within 24 hours after it has been delivered. In this case, Bearer will start an investigation and if the courier person is found responsible for the damage / loss, You will be advised about further steps You have to take and a full refund for the paid fare for the order will be done.

14.
INTELLECTUAL PROPERTY RIGHTS

Bearer owns all rights to the Bearer Platform, all data collected in accordance with this agreement. All rights not granted under this agreement are reserved by Bearer.

Subject to You complying with the obligations created under this Customer Agreement, Bearer may grant You a license to use the Bearer Platform. This licence is:

i.Non-transferable;

ii.Non-assignable.

You are only entitled to use the Bearer Platform to:

i.Create Delivery Requests;

ii.Correspond with Bearer;

iii.Review and change Your profile and the details You have provided;

iv.Submit requests to delete Your account;

v.Manage Your preferred mode of transport;

vi.Review Your delivery history;

vii.Review any Bearer Promotional material;

viii.Manage payment details;

ix.Access Bearer’s legal documents and community guidelines.

Subject to this agreement You must not use any of Bearer’s names, logos, slogans, advertising material, photos, designs, videos, animations, written content, trademarks, copyrights, animations, software, or other identifying symbols, without Bearer’s express written permission.

15.
GENERAL DISCLAIMER OF BEARER’S LIABILIY

This section 15 only applies only to the maximum extent permitted under the relevant laws and does not override any rights that You have in accordance with any applicable law, including the Australian Consumer Law and the Independent Contractors Act 2006 (Ctw).

You understand and agree that Bearer will, if it deems appropriate, alter:

i.Delivery Fees;

ii.Distance Brackets;

iii.Bonuses available;

iv.Base fares used for any mode of transport You choose to provide Your Delivery Services with;

v.Distance fee brackets;

vi.Job duration fees and rates;

vii.After hours surcharges applied to Delivery Services;

viii.Surcharges for special events and environmental conditions;

ix.Platform fees for Delivery Service;

x.Bonus and promotional on platform fees

Bearer makes no representations as to the availability of the Bearer Platform and expressly disclaims any warranties that may have been expressly or implicitly created regarding the Bearer Platform.

Bearer does not guarantee the availability, or accuracy of the Bearer Platform, or that Your use of the Bearer Platform will be uninterrupted, or without error.

You acknowledge that the Bearer Platform may be unavailable for periods of time due to scheduled maintenance, unscheduled maintenance, internet outages, data breaches, network failure, or any other issue inherent to the provision of services via electronic communication platforms and the Bearer is not liable for any loss or damage suffered by You, or a third party as a result of this unavailability.

Bearer makes no representations or guarantees and takes no responsibility as to:

i.The contents of the packages to be delivered;

ii.The actions of the Delivery Contractor;

iii.The actions of the Delivery Recipients;

iv.The route to be taken for the Delivery Service;

v.The safety of the pick up/ drop off location;

vi.The availability of couriers for Delivery Requests;

vii.The quality, weight, or content of Delivery Packages;

viii.Damage to parcels during Delivery Services.

16.
GENERAL INDEMNIFICATION

By entering this Agreement You indemnify and agree to hold Bearer, including all parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys and employees, (“Bearer and Affiliates”) harmless for any claim, or damage arising from:

i.Your failure to comply with this agreement;

ii.Your failure to comply with any local, state, national, or international laws, rules, or regulations;

iii.Third party claims which are directly, or indirectly related to the provision of Delivery Services in accordance with the Bearer Platform;

iv.Third part claims which are directly, or indirectly related to your use of the Bearer Platform.

as far as is permitted by law.

By entering this agreement You acknowledge that by accessing the Bearer Platform You indemnify Bearer from all claims, demands, damages, suits, losses, liabilities and causes of action arising directly or indirectly from, as a result of, or in connection with Your actions, or arising from the performance of Delivery Services under this Agreement, including personal injury or death to any person (including to You) as well as any liability arising from Your failure to comply with the terms of this Agreement

17.
INTERACTIONS WITH CONTRACTORS AND RECIPIENTS

You must not contact contractors outside of the Bearer Platform.

18.
TERMINATING THIS AGREEMENT – YOU

You are under no obligation to enter this agreement or remain a party to this agreement.

You are under no obligation to use the Bearer Platform even after executing this agreement.

You may choose to stop using the Bearer Platform and terminate this agreement without providing Bearer with any notice.

19.
TERMINATING THIS AGREEMENT – BEARER

Bearer may, acting reasonably, terminate this agreement in its entirety, for any legal, business, or regulatory reason, by providing You with written notice 30 days prior to termination.

Bearer may, at their reasonable discretion, restrict, or deny Your access to the Bearer Platform if it determines that an act or omission You have committed has the potential to prove detrimental to Bearer’s reputation, good name, or brand. If Bearer restricts Your access to the Bearer Platform You will be provided written notice and will be provided the opportunity to respond to this restriction.

20.
NOTICES

System alerts and service notices will be sent to You via SMS and mobile push notifications.

Changes to this agreement, guidelines, privacy policy and any other binding documents will be provided by email or text message or Apps notifications provided during onboarding.

Notices to Bearer should be addressed to Level 5, 447 Collins Street, Melbourne, Victoria, 3000.

21.
CHANGES TO THIS AGREEMENT

Bearer may modify, update, add, or replace, these terms of this Agreement, the privacy policy, or any other document necessary for the continued operation of this agreement, by making the updated documents available through the Bearer Platform. Bearer may prevent You from accessing the Bearer Platform until You have acknowledged and agreed to the updated documents.

You will have consented to the modifications made under this section if You continue to use the Bearer Platform after the modifications are made.

22.
RIGHT TO NEGOTIATE

You may negotiate the terms of this agreement with Bearer.

23.
ASSIGNMENT BY BEARER

Bearer has the right to assign or transfer this Agreement or any or all of their respective rights or obligations under this Agreement, without obtaining Your prior consent. You may not assign or transfer this Agreement.

24.
EXECUTION

The terms and conditions of the Bearer Privacy Policy are currently available at www.Bearer.au/Legal/PrivacyPolicy. These terms will apply to the collection, use and processing of any personal data collected from You.

You must comply with all Australian Data Protection Laws when performing any obligations under this agreement.

You are responsible for maintaining the secrecy of any information necessary for You to gain access to the Bearer Platform, including Your username and password. You must inform Bearer if You believe that another party has gained access to this information.

You must do everything reasonably within Your power to protect and secure, all personal data used in connection with the Bearer Platform against any threats, or unauthorised access.

You must only use any data received from the Bearer Platform to perform Your obligations under this agreement and must not use any data received for any other purpose.

You must inform Bearer, as soon as practicable, if You become aware of any actual or potential, un-authorised use, modification, disclosure, loss, access, or interference with data received from, or provided to the Bearer Platform, or the Platform itself.

If a data breach, or a suspected data breach has occurred, You must immediately provide Bearer with any assistance, information, or confirmation reasonably requested by Bearer for the purpose of investigating and responding to any breach, non-compliance, or breach of Australian data protection laws.

25.
EXECUTION

The Electronic Transactions (Victoria) Act 2000 establishes the regulatory framework for transactions to be completed electronically. This agreement requires you to complete an electronic signature via tick-box before signing up or being able to continue using Bearer platform. By ticking the box you will have indicated your approval of the contents of this electronic communication before using the App.

v1.0.110 – March 2023

SeyCo Pty Ltd | Bearer

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