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Terms and conditions
GENIE'S TERMS OF ENGAGEMENT
This Agreement is a standing arrangement forthe
supply of on-demand courier services (the Services)
by the GENIE and enables the GENIE to provide
services from time to time which will be governed by
The GENIE is an independent Contractor who wishes to provide services to Genies4hire and clients of Genies4hire who book delivery services through the Genies4hire online platform.
The GENIE understands and acknowledges that:
(a) He/she is acting as an independent contractor and has had the opportunity to obtain professional advice in relation to his rights and obligations as a contractor generally and in relation to the specific rights and obligations of this contract.
(b) He/she is not entitled to receive from Genies4hire any wages, loadings, superannuation contributions, paid annual holidays, paid public holidays, long service leave, sick leave, Pay As YouGo payment summaries, workers compensation cover, or other statutory or common law benefits; and
(c) Genies4hire will not withhold any income tax from any fees paid to the GENIE pursuant to this Agreement.
The GENIE must perform the Services with reasonable
skill, care and diligence.
The GENIE is required to comply with the rules, regulations, procedures and policies of Genies4hire, as amended from time to time.
Genies4hire will pay to the GENIE the agreed fees for the supply of Services as recorded in the Genies4hire Platform. Genies4hire will pay the GENIE the Fees by way of Paypal (less any applicable Paypal fees) or by direct deposit to the GENIEs nominated bank account.
Confidentiality and Privacy
The GENIE shall not at any time during or subsequent to this Agreement, divulge or disclose any Confidential Information with respect to Genies4hire, Customers, business operations, Company Platform, orfinances of Genies4hire which have come into its possession as a result of this Agreement to any third party.
The GENIE enters into this Agreement and performs the
Services at its own risk and Genies4hire will
not be liable to the GENIE for any loss, damage,
injury or death sustained by the GENIE, any Customer
or any other person or to any property or Vehicle
The GENIE indemnifies Genies4hire against any claim, liability, loss or damage Genies4hire suffers because of the GENIE's failure to act or negligence with respect to death orinjury of a Customer, person, damage to or destruction of property or Vehicle, or infringement of Intellectual Property in connection with the Services.
The GENIE indemnifies Genies4hire against any claim, liability, loss or damage Genies4hire suffers because of the GENIEs failure to comply with any laws or regulations.
The GENIE must take and maintain during the term of this Agreement any insurances against its own personal liabilities as would be reasonably expected of a GENIE undertaking the Services.
Where, in the event of a dispute arising out of or relating to this contract, the parties wish to seek an amicable settlement of that dispute by mediation. The mediation shall take place in Sydney, Australia and be administered by the Australian Disputes Centre (ADC).
Termination and general
This Agreement can be terminated by either parties
without cause or reason, by providing 1 days' notice
in writing, to the other party.
This Agreement is governed by the laws in force in New South Wales.
Warning and Waiver of Liability:
Stay Safe. You need to be very careful about the
legitimacy of the jobs you take. The last thing you
want is to be caught transporting contraband (or
worse) on a plane. A good way to avoid this is to
only take the courier job from the sender you trust,
thoroughly check the goods before accepting and make
sure that they are not in the prohibited
You agree that you will inspect the goods supplied by the sender as outlined in the warning above and that you agree to indemnify and defend Send it with Genie Pty Ltd against all claims, causes of action, damages, judgements, costs or expenses, including legal fees and other litigation costs, which may in any way arise from acting as a courier on behalf of the sender introduced by Send it with Genie Pty Ltd.
SENDER/REQUESTER'S TERMS & CONDITIONS
The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and SendITwithGenie Pty Ltd (the "Company"). In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the "Service"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at Terms & Conditions or through the Service. THE COMPANY DOES NOT PROVIDE LOGISTICS OR COURIER SERVICES, AND THE COMPANY IS NOT A LOGISTICS CARRIER. IT IS UP TO THE THIRD PARTY COURIER OR LOGISTICS PROVIDER TO OFFER COURIER SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY COURIER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE COURIER SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COURIER OTHER THAN STATED HEREIN SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.
By using the Software or the Services, you agree
• You will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
• You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
• You will provide us with whatever proof of identity we may reasonably request.
Any fees which the Company may charge you for Service, are due immediately and are refundable at the company discretion.
Intellectual Property Ownership
The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Agreement shall be governed by Australian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service or Software shall be subject to the exclusive jurisdiction of the state and federal courts located in Sydney NSW, Australia.
End of Agreement