Reta Terms & Conditions
Please select the applicable terms and conditions below.
Customer Terms And Conditions
1. Introduction
1.1These Customer Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person or entity listed in the Customer Registration Portal (Customer, you or your) and Reta (Returns and Tracking) Pty Ltd (ACN 693 126 108) (Reta, we, our or us) (collectively, the agreement).
1.2By accessing and using the Reta App, you acknowledge that you have read, understood and agreed to be bound by the terms of this agreement.
2. Reta App
2.1The Reta App is an online platform that locates, matches and connects Drivers with Customers who require Drivers to facilitate online shopping returns to postal services sites as an on-demand or scheduled return service (Service).
2.2We are a mere a shopping returns facilitation tool and not a shopping returns or collections agency or service provider, nor are we a courier, delivery or transport service provider. Our role in providing you with access and use of the Reta App should be construed strictly in this context only.
2.3We grant you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to download, install, access and use the Reta App for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
3. Changes
3.1We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change or remove any functions or features of the Reta App, the Fees or other charges payable under this agreement, any user of the Reta App or any other products or services offered on, or via, the Reta App with, or without notice, to you.
3.2If we provide you with notice of changes to this agreement, we shall do so either by email or by posting it on the Reta App.
4. Term
This agreement commences on the date you create a Customer Account with us on, or via, the Reta App (Commencement Date) and continues, unless terminated in accordance with clause 16 (Term).
5. Customer Account
5.1If you wish to access and use the Reta App as a Customer, you must:
(a)download the Reta App on your mobile device (available on the iOS App Store and the Google Play Store);
(b)register with us and setup an account (Customer Account) via the Customer Registration Portal. The Customer Account will be operated by a username which will be your email address (Username) and password (Password) of your choosing. You can change your Password any time by you accessing the ‘Account Settings’ page on the Reta App;
(c)provide only accurate, complete registration information and Personal Information (including full name, email address, phone number and date of birth) and you will update that information if it changes. All Personal Information as well as the information you provide to register, is subject to our Privacy Policy; and
(d)be over 18 years of age and legally able to enter into contractual relations. If you are under the age of 18 years, you should not create a Customer Account. We reserve the right to ask for proof of age from you, and your Customer Account may be suspended until satisfactory proof of age is provided.
5.2In relation to your Customer Account, you undertake that you will:
(a)not allow another person to use your Customer Account. You are solely responsible for any activity conducted on, or through the Customer Account. Please notify us immediately if you become aware that your Customer Account is being used without authorisation or any other security breach relating to your Customer Account; and
(b)not impersonate another account holder or provide false identity information to gain access to or use the Reta App.
5.3We will not be liable to you or any third party for:
(a)any Loss or Claim incurred by you, any Customer or any third party as a result of any miscommunication, interruption, failure or upgrade of the Reta App; and
(b)any miscommunication between you and a Driver;
(c)no-show or cancellation by a Driver of a Reta Job;
(d)any missed Reta Jobs submitted on, or via, the Reta App or the failure of any Driver to collect your Permitted Goods from, or deliver your Permitted Goods to, the address or destination specified by you in Reta Job; or
(e)late collection and drop off by a Driver.
5.4We have the right to suspend or terminate any Customer Account or your access to, or use of, all or any part of the Reta App at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
6. Reta obligations
6.1We shall use commercially reasonable endeavours to provide you with access to, and use of, the Reta App as described on the Reta App.
6.2The undertaking in clause 6.1 shall not apply in the event of:
(a)any non-conformance which is caused, or contributed, by use of the Reta App contrary to our instructions or the terms of this agreement;
(b)modification or alteration of the Reta App by any party other than us or our duly authorised Personnel;
(c)Force Majeure Events; and
(d)the unsuitability or malfunction of the Reta App when used in conjunction with any software, platforms, applications and tools supplied by a third party provider.
6.3In the event that Reta fails to provide you with access and use of the Reta App in accordance with clause 6.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 6.1.
7. Customer obligations
7.1To access and use the Reta App, you must:
(a)open a Customer Account with us via the Reta App;
(b)pay the Fee each time you engage a Driver to complete a Reta Job on, or via, the Reta App;
(c)provide us with all necessary co-operation and information to facilitate and provide the Reta App, including (but not limited to) proof of identity;
(d)obtain and maintain all equipment, hardware and software required by you to access and use the Reta App (including ensuring that your location services on your mobile device are switched on so that we may match you with Drivers and help navigate them to the collection point); and
(e)carry out all of your responsibilities set out in this agreement in a timely and efficient manner.
7.2You must ensure that any goods, products or items lodged with a Driver on, or via, the Reta App:
(a)contain only Permitted Goods;
(b)are properly and securely packaged and packed, including, without limitation, adequate and secure packing, wrapping and cushioning;
(c)do not exceed the agreed maximum size or weight, as outlined 22kg and 105cm maximum length;
(d)have been photographed by you and the image of the Permitted Goods uploaded to the Reta App at the time you create the Reta Job; and
(e)are labelled for collection in accordance with our labelling and packaging guide, or as otherwise agreed in writing with us;
7.3You must make the Permitted Goods available for collection by the Driver at the time and location as specified in the relevant Reta Job.
7.4Reta and/or the Driver will refuse to collect, carry and deliver goods, products or items that contain Prohibited Goods or otherwise breach this agreement. You agree to defend, indemnify and hold us, our Affiliates and our Personnel (including Drivers) (collectively, the Indemnified) harmless from and against any and all Claims and Losses (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
(a)your failure to disclose to us or the Driver that the goods, products or items constitute or comprise Prohibited Goods; or
(b)any Driver completing a Reta Job in respect of Prohibited Goods.
7.5Without limiting clause 7.4, a Driver may refuse, in their absolute discretion, to collect, carry and deliver any Permitted Goods that:
(a)are not properly labelled (for example, the destination and recipient of the Permitted Goods has not been affixed to packaging (or securely affixed to the packaging) or written on the packaging or is illegible) or which contains labelling that may delay, mislead or misdirect the Driver in completing the Reta Job; and
(b)contains offensive, threatening or defamatory text or images on the external packaging or wrapping of the Permitted Goods.
8. Reta Jobs
8.1Provided you comply with your obligations under this agreement, you may, at any time post, publish, submit, update, edit, delete or add any Reta Jobs on, or via, the Reta App.
8.2By publishing, displaying or posting Reta Jobs on, or via, the Reta App, you warrant that:
(a)all information provided by you in relation to the Reta Jobs are true, complete and accurate. You will immediately update your Reta Jobs is inaccurate, incomplete, or out of date;
(b)nothing in the Reta Jobs will cause you or us (or anyone else) to breach any Relevant Laws;
(c)your Reta Jobs will not contain Prohibited Goods;
(d)no Reta Jobs is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or privacy or false and misleading;
(e)the Reta Jobs does not contain, nor will they cause, any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(f)nothing in the Reta Jobs would bring Reta or the Reta App, into disrepute or adversely affect the reputation and goodwill of Reta or the Reta App; and
(g)the Reta Jobs do not infringe the Intellectual Property Rights or other rights of any person.
8.3You acknowledge and agree that, to the maximum extent permitted by Relevant Laws:
(a)Reta is not responsible for monitoring or censoring Reta Jobs; however, we may (in our absolute discretion and with notice to you): (i) remove, modify, refuse to publish or alter the Reta Jobs if we consider that such Reta Jobs do not comply with this agreement or any of our policies or guidelines published by us from time to time; and/or (ii) restrict, suspend or terminate your Customer Account. For example, if we receive a report or complaint that your Reta Job contains Prohibited Goods;
(b)we are not responsible to you or anyone else for any actions, activities, conduct or transactions (whether online or offline) that occur as a result of, or in connection with, collection of Permitted Goods by Drivers introduced to you, or via, the Reta App;
(c)we do not control the supply, performance, collection or delivery of the Permitted Goods by Drivers, and we are not liable to you or anyone else for any Loss suffered by you as a result of the Driver’s acts or omissions; and
(d)the risk in the Permitted Goods, including from loss, theft, damage or destruction of the Permitted Goods, remains with the Customer until delivered to postal services site.
8.4You acknowledge and agree that:
(a)to the maximum extent permitted by Relevant Laws, Reta and Drivers are not common carriers, and we and our Drivers do not accept any liability as common carriers, and Reta and Drivers reserve the right to: (i) decline any Reta Job; and (ii) refuse to collect and deliver any Permitted Goods;
(b)Drivers have the flexibility and freedom to decide upon the means, route and procedure to be followed in the collection, handling, transportation and delivery of the Permitted Goods subject of a Reta Job; and
(c)Reta may, at our absolute discretion: (i) organise for the Permitted Goods to be collected and delivered by the most convenient method as we may determine; and (ii) engage any Driver to complete the Reta Job.
9. Restrictions
Except as otherwise permitted under this agreement, you must not:
(a)engage in aggressive, confrontational, threatening or harassing behaviour or other forms of offensive behaviour when interacting or communicating with Drivers;
(b)license, sell, rent, lease, transfer, assign, distribute, display, disclose, copy, reproduce, publish, communicate or otherwise commercially exploit, or otherwise make the Reta App available to any third party;
(c)violate the Reta IP;
(d)misrepresent your true legal identity in your dealings with us;
(e)modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Reta App or your Customer Account;
(f)access all or any part of the Reta App (or any Reta IP contained therein) for the purposes of building a product, service or code which competes with the Reta App; and
(g)renegotiate the Fees directly with a Driver or circumvent the obligation to pay the Fee by (directly or indirectly) entering into a separate contract of service or contract for service with the Driver introduced to you on, or via, the Reta App; and
(h)make any communication (directly or indirectly), through any means to any person that disparages or is otherwise negative about Reta App or Reta (or any of our Personnel).
10. Intellectual Property Rights
10.1You acknowledge that, notwithstanding anything else, Reta and/or our licensors own all Intellectual Property Rights in the Reta App and anything else generated, discovered or otherwise coming into existence as a result of, or in connection with, your access to, and use of, the Reta App (including all improvements, upgrades, modifications, amendments or enhancements to any of the foregoing) (collectively, the Reta IP).
10.2Accessing and using the Reta App does not give you (or anyone else) ownership of, or any right, title or interest in the Reta IP, or any information, content or technology that may be provided to, or accessed by, you in connection with your use of the Reta App, all of which is, and will remain, owned by Reta or our licensors.
10.3You grant Reta a worldwide, non-exclusive, royalty-free and perpetual licence to use, disclose, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, your User Data (and all Intellectual Property Rights contained therein) for the purpose of:
(a)enabling Reta to provide the Reta App and the Services and otherwise perform our obligations and exercising our rights under this agreement;
(b)informing you about other products or services that Reta may offer from time to time or in relation to third party products and/or services offered by us, our Affiliates or our third party providers;
(c)complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request; and
(d)using usage patterns, trends, and other statistical or behavioural data derived from use of the Reta App and/or the Services for the purposes of providing, operating, maintaining, or improving the Services, the Reta App, or our other products and services.
11. Fees and payment
11.1We do not charge you a fee to install the Reta App or to create a Customer Account.
11.2Each time you engage a Driver to perform Reta Jobs on, or via, the Reta App, we will charge you (as the Driver’s payment collection agent) the full price for the Driver to complete the Reta Job for you as displayed on the Reta App (inclusive of processing fees payable to our Third Party Payment Processors) (Fee).
11.3The Fee are payable in advance in Australian Dollars and is exclusive of GST, which is payable in addition. The Fees will be automatically deducted from your bank account at the time you create a Reta Job and will only be released to the Driver once the Reta Job has been completed. By creating a Reta Job on, or via, the Reta App, you authorise us to deduct the Fee displayed on the Reta App at the time you create a Reta Job.
11.4Fees displayed on the Reta App are estimates only and are current at the time of issue. Fee estimates may not include toll charges, state levies other similar taxes, which may be payable in addition. Fee and the availability of Drivers are subject to change at any time. You agree to pay the price current at the time of payment.
11.5If the Driver must pay additional fees to drop off the Permitted Goods at the postal services site because the size and weight of the Permitted Goods exceed the package size listed by the Customer in the Reta Job, then the Customer will be charged additional Fees by Reta. The additional Fees will only be released to the Driver once the Reta Job is completed and the Driver has provided us with proof that additional payments were made at the postal service site to process the Permitted Goods. You us authorise us to deduct the additional Fees from your bank account at the time the Driver drop off the Permitted Goods at the postal services site. We use a Third Party Payment Processors to process payments on our behalf. To make payment of the Fees to us, you agree to provide our Third Party Payment Processors with accurate and complete billing information, and you agree to share billing information with our Third Party Payment Processor for the purpose of processing payments.
11.6We may, at our absolute discretion and without notice to you, change the payment methods that can be used to process payments made under this agreement at any time.
11.7To the extent permitted by Relevant Laws and unless otherwise stipulated in this agreement or determined by Reta, you agree that all Fees which are paid to us are non-refundable.
11.8If you fail to pay the Fee, or if the transaction has been declined, we may in our absolute discretion, do all or any of the following:
(a)instruct the Driver that the Reta Job had been cancelled without further notice to you (in which case, the Driver will not perform the Reta Job);
(b)request you made payment by another method;
(c)suspend your access to, and use of, the Reta App; or
(d)terminate in the agreement in accordance with clause 16.
12. Cancellation and complaint policy
12.1You may cancel a Reta Job any time before the Driver assigned to collect the Permitted Goods from you arrives at your location and you will not be charged any penalties or cancellation fees. Once a Driver has arrived to collect the Permitted Goods from you, the Reta Job cannot be cancelled, unless Reta otherwise agrees (and the Fee paid by you is non-refundable).
12.2If the Reta Job was not completed to the Customer’s reasonable satisfaction (for example, the Driver delivered the Permitted Goods to the wrong location or did not deliver the Permitted Goods), the Customer may submit a complaint to Reta via the ‘Help Centre’ page in the Reta App or by emailing us at here2help@returnsandtracking.com
12.3To make a complaint, the Customer must:
(a)identify the Driver subject of the complaint; and
(b)clearly and concisely explain the nature of your complaint, including providing any evidence in support of the complaint.
12.4If Reta determines, at our absolute discretion, that the Driver failed to perform the Reta Job as described on the Reta App, we shall, refund you the Fee within 10-15 Business Days. The refund of the Fee, will be your sole and exclusive remedy arising out of, or in connection with, the Driver failing to perform the Reta Job.
13. Warranties
13.1To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) whether these are made in connection with the provision and use of the Services or the Reta App.
13.2Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
13.3You acknowledge and agree that, to the extent permitted by Relevant Laws, we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency, quality, safety or security of the Services or the Reta App. We will not be liable if the Reta App and the Services is unavailable for any reason, including directly or indirectly as a result of:
(a)telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b)negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
(c)network or platform maintenance or upgrade (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any systems or network used in connection with the provision of the Reta App;
(d)services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
(e)a Force Majeure Event.
13.4You warrant, acknowledge and agree that:
(a)your use of the Reta App has not been made on the basis of any representations made by us regarding features or functionality of the Reta App, the Services or the availability of Drivers;
(b)Reta does not guarantee or warrant that the Reta Jobs will be performed in a professional, competent, safe and diligent manner and will be fit for purpose and comply with all Relevant Laws;
(c)you will as far as possible, be respectful and courteous in all your dealings and communications with Drivers; and
(d)your Customer Account and all the User Data disclosed to us (including all information contained in your Reta Jobs) are true, accurate, complete and up to date. You agree to maintain the currency of any information, including Personal Information by updating us promptly after you become aware of (or ought reasonably to have been aware of) any change;
(e)we do not perform any criminal history or background checks on Drivers; and
(f)you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, you will not breach any third party rights.
13.5We do not recommend or endorse any Drivers or content, comments or submissions published or posted by Drivers, other Customers or any third party or on the Reta App, the Website, or on our related social media pages.
13.6You acknowledge that, to the extent permitted by Relevant Laws, we do not warrant:
13.7that any information or other content available offered or displayed on, or via the Reta App (including information relating to Drivers) is accurate, complete, reliable, current or error-free or is suitable for any particular purpose, and is provided on an ‘as is’ and ‘where is’ basis;
13.8the Driver has the right to work in Australia, a valid driver’s licence, current motor vehicle insurance or that the Driver’s motor vehicle is roadworthy, suitable or safe for the transportation of Permitted Goods;
13.9the reliability, legitimacy, repute or credibility of any Driver, or the suitability or skill of Drivers when performing Reta Jobs, nor their ability or willingness of a Driver to deliver, or complete Reta Jobs; or
13.10the Reta App will be available 24 hours a day, 7 days a week.
13.11In the event of any Loss of your Customer Account and User Data, your sole and exclusive remedy shall be for Reta to use reasonable endeavours to restore the Customer Account and User Data, that is lost or damaged, from the latest back-up of Customer Account and User Data maintained by Reta in accordance with our standard archiving and backup procedures.
13.12Reta will not be responsible for any Loss, destruction, alteration, corruption or disclosure of Customer Accounts and User Data caused by us, your acts or omissions or the acts or omissions of other users of the Reta App or any third party.
14. Limitation of Liability
14.1To the fullest extent permitted by Relevant Laws, Reta, our Affiliates and Personnel (including Drivers) will not be liable to you or any third party for:
(a)any Claims or Losses (including Consequential Loss); or
(b)Loss of, or damage to, any property belonging to you or any personal injury, illness or death to you or any third party;
(c)any delays caused by a Driver in collecting and delivering the Permitted Goods to the relevant postal services site; or
(d)loss of or damage to any property or any personal injury or death to you or any third person,
arising out of, relating or connected to, the provision or use of the Reta App and the Services (including the performance of any Reta Jobs) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
14.2Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees (less Service Fees) paid to you by us under this agreement, in the preceding one month of the Claim.
14.3You agree to defend, indemnify and hold us, our Affiliates and our Personnel (including Drivers) (collectively, the Indemnified Parties) harmless from and against any and all Claims and Losses (including legal costs on a full indemnity basis) that may be brought against the Indemnified Parties or which the Indemnified Parties may pay, sustain or incur as a direct or indirect result of, or arising out of:
(a)breaches or non-performance by, you of any your obligations under this agreement; or
(b)the loss, destruction or damage to any Permitted Goods while in the custody or possession of the Drivers; or
(c)any access and use of the Reta App and Services by you.
14.4Reta may satisfy such indemnity (in whole or in part) by way of deduction from any other payment due to you under this agreement.
15. Privacy
All Personal Information you provide to us to open a Customer Account and any User Data (including Personal Information) you disclose to us in the course of submitting Reta Job or otherwise using the Reta App, is subject to our Privacy Policy, which is incorporated into this agreement. You warrant that, in relation to any Personal Information disclosed to us by you on, or via, the Reta App:
(a)it has been collected in accordance with Privacy Laws;
(b)you have the authority to upload, post, publish or otherwise transmit such information on, or via, the Reta App; and
(c)you have obtained the informed consent of the individuals who are the subject of such Personal Information for us to use, disclose, store, transfer, process or handle it.
16. Termination
16.1The Customer may terminate this agreement at any time by deleting your Customer Account or deleting the Reta App.
16.2We may terminate or discontinue the Reta App or any major functions or features of the Reta App and/or the Services at any time (without liability to you) by 14 days written notice to you, or by otherwise posting it on the Reta App.
16.3You agree that Reta may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
(a)your Customer Account; and/or
(b)the Reta App and the Services; and/or
(c)any social media pages linked to our business or the Reta App; and/or
(d)any other products and services offered on, or via the Reta App.
16.4Cause for such suspension or termination may include, but are not limited to:
(a)any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;
(b)serious or repeated breaches or violations of another person’s Intellectual Property Rights or privacy rights;
(c)the failure to pay the Fees;
(d)your activities, conduct or transactions on, or, via, the Reta App, which brings, or has the capacity to bring Reta and/or the Reta App into disrepute; or
(e)the discontinuance of the Reta App or any function or feature of the Reta App.
17. Effect of termination
17.1On termination of this agreement for any reason:
(a)all licences and rights of access granted under this agreement will immediately terminate and you must delete and cease using the Reta App;
(b)you must immediately pay all outstanding Fees and any other outstanding monies owing to us under this agreement; and
(c)we will delete your Customer Account and Reta may destroy or otherwise dispose of all of your User Data, no later than 30 days after the effective date of the termination of this agreement, unless within seven days of termination of this agreement, we receive a written request from you for the delivery to you of the then most recent back-up of your User Data. Reta shall use reasonable commercial endeavours to deliver the back-up to you within 30 days of its receipt of such a written request, provided that you have, at that time, paid all Fees outstanding at and resulting from termination (whether or not due at the date of termination).
17.2Following termination of this agreement, Reta may retain limited Personal Information about you (such as your account registration details) in accordance with documentation retention and destruction laws.
18. Third party products and services
18.1You acknowledge that the Reta App and Services may require you to use or access Third-Party Products and Services and that you do so solely at your own risk. For example, Reta uses artificial intelligence chatbots made available by third parties to match Drivers and Customers and to manage initial communication between the parties.
18.2We make no representation or commitment, and we shall have no liability or obligation whatsoever in relation to the content or use of any such Third-Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third-Party Products and Services.
18.3We recommend that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third-Party Products and Services.
18.4Reta does not endorse, sponsor or approve any Third-Party Products and Services used in conjunction with the Reta App and Services. It is your sole responsibility to determine that specific products or services, meet your needs and are suitable for the purposes for which they are used.
18.5Any rights you may have to access Third Party Products and Services shall be limited to:
(a)the extent of Reta’s ability to pass on such rights to you; or
(b)the relevant third-party licensor terms.
19. Updates
19.1Without notice to you, Reta may, at our absolute discretion, from time to time:
(a)change, add or delete the functions, features, performance, or other characteristics of the Reta App; or
(b)apply or install updates to, or new versions of, the Reta App.
19.2You acknowledge that the Content and Reta Jobs on the Reta App are subject to change at any time and may be out of date at any given time. Reta is under no obligation to:
(a)update, correct or fix any Content, Reta Jobs or errors in the Reta App; and/or
(b)notify you of any changes to the Content, Reta Jobs or the Reta App, unless required by a Relevant Law to do so.
20. Support Services
20.1Reta may, at our absolute discretion, provide you with customer support services during Business Hours in accordance with Reta’s standard support services and maintenance policy (as amended from time to time).
20.2If you require customer support services or you are having difficulties accessing and using the Reta App and the Services, you may contact us via email: here2help@returnsandtracking.com
21. Dispute Resolution
The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
22. Force Majeure Event
We will have no liability to you, any Driver (or anyone else) under this agreement if we are prevented from or delayed in performing our obligations under this agreement by reason of any acts, events, omissions or accidents beyond our reasonable control. Such events include, strikes, lock-outs or other industrial disputes, any failure of a utility service or transport or telecommunications network, any act of God, any natural disasters, pandemics, epidemics, mandatory government lock-downs, war, riots, civil commotion, computer hacking, malicious damage, governmental order or action, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).
23. Notice
23.1By accessing and using the Reta App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Reta App.
23.2You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
23.3Notice will be deemed received and properly served immediately when posted on the Reta App or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Customer Registration Portal.
24. General
24.1A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
24.2If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
24.3If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
24.4This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
24.5You may not assign, transfer or deal in any other manner with all or any of your rights or obligations under this agreement without our prior written consent. To the extent permitted by Relevant Laws, we may, at our absolute discretion, assign, transfer or deal in any other manner with all or any of our rights or obligations under this agreement without your prior written consent.
24.6Nothing in this agreement is intended to or shall operate to create a partnership between the parties or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
24.7Provisions of this agreement which are either expressed to survive its termination, or from their nature or context it is contemplated that they are to survive, will remain in full force and effect notwithstanding such termination. Without limitation, the parties agree that clauses 5.3, 7.4, 8.3, 8.4, 9, 10, 11, 13, 14, 16, 17, 18.2, 21, 22, 23, and 24 will survive the termination of this agreement. Further, any indemnity obligations under this agreement are independent and survives termination of this agreement.
24.8The laws of the state of Queensland, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of Queensland.
25. Definitions
25.1In this agreement, the following words shall have the following meanings:
(a)Account Settings means the self-service portal on the Reta App used by you to access and use, the Reta App and the Services.
(b)Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (iv) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
(c)Business Days means each day excluding Saturdays, Sundays and public holidays in Queensland.
(d)Business Hours means 9:00am to 4:00pm on Business Days.
(e)Commencement Date has the meaning in clause 4.
(f)Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement: (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense; (ii) loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data, or loss of enjoyment; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; (iv) loss or damage to any property, or for any personal injury or death; (v) loss of shopping refund or return opportunity; or (vi) loss or damage of the nature set out above in clauses (i) to (v) (inclusive) that is incurred or suffered by or to a third party.
(g)Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of Reta App.
(h)Customer, you or your has the meaning in clause 1.1, and where the context permits, your Personnel and Affiliates.
(i)Customer Account has the meaning in clause 5.1(b).
(j)Customer Registration Portal means the customer registration portal available on the mobile application and used by the Customer to open a Customer Account.
(k)Driver means an independent contractor who has registered with Reta as a driver or courier for the purpose of collecting and returning Permitted Goods to a postal service site on behalf of Customers.
(l)Customer means a third party consumer who requires a Driver to collect and return Permitted Goods to a postal services site as an on-demand or scheduled return service.
(m)Fee means the fee payable by you to a Driver each time you engage a Driver to complete a Reta Job for you.
(n)Force Majeure Event has the meaning in clause
(o)Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and all applications for and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
(p)Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
(q)Password has the meaning in clause 5.1(b).
(r)Permitted Goods means products, goods and items that: (i) are securely packaged in parcels suitable for transport; (ii) do not exceed the maximum size and weight permitted by Australia Post for domestic shipping; and (iii) are not Prohibited Goods.
(s)Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
(t)Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of a party.
(u)Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles, and any other legislation, codes and policies relating to the handling of Personal Information applicable to the jurisdiction in which the user is located.
(v)Privacy Policy means our privacy policy available on our Website or any other internet site notified by us from time to time, which is incorporated into this agreement.
(w)Prohibited Goods means: (i) any goods or products that are volatile, explosive, flammable, hazardous or otherwise damaging or dangerous, banned products or services, drugs, weapons or any goods, products or services that are illegal or cannot be sold or offered for sale under any Relevant Law; (ii) people and live animals; (iii) credit card, cheques or cash; and (iv) fragile goods or products requiring special handling or refrigeration.
(x)Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world, including Privacy Laws.
(y)Reta, we, our or us has the meaning in clause 1.1, and where the context permits, our Personnel (but excluding the Driver) and Affiliates.
(z)Reta App means the shopping collections and returns platform (including all Intellectual Property Rights contained therein) owned and operated by Reta and made available to Drivers and Customers via a mobile application.
(aa)Reta IP has the meaning in clause 10.1.
(ab)Reta Job means a request submitted by a Customer on, or via, the Reta App for a Driver to collect and return Permitted Goods to a postal services site.
(ac)Services has the meaning in clause 2.1 and includes the collection and return of Permitted Goods purchased by a Customer from online or e-commerce websites to postal service sites as specified in the Reta Job submitted by the Customer on, or via, the Reta App.
(ad)Term has the meaning in clause 4.
(ae)Third Party Products and Services means software, products, services or content (including all Intellectual Property Rights contained therein) that: (i) are provided by third party providers; (ii) interoperate with the Reta App and Services; and/or (iii) may be identified as third party products or services.
(af)Third Party Payment Processor means Stripe and any other third party payment processor permitted by Reta from time to time.
(ag)Username has the meaning in clause 5.1(b).
(ah)User Data means all data, content, material and information (including Personal Information): (i) uploaded to or stored on the Reta App by you; (ii) transmitted by the Retaq App at your instigation; (iii) supplied by you for uploading to, transmission by, or storage on, the Reta App; or (iv) generated by the Reta App as a result of the use of the Services by you, but excluding Reta IP.
(ai)Website means the website located at www.returnsandtracking.com and social media linked pages or any other internet site notified by us from time to time.
Driver Terms And Conditions
1. Introduction
1.1These Driver Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person or entity listed in the Driver Registration Portal (Driver, you or your) and Reta (Returns and Tracking) Pty Ltd (ACN 693 126 108) (Reta, we, our or us) (collectively, the agreement).
1.2By accessing and using the Reta App, you acknowledge that you have read, understood and agreed to be bound by the terms of this agreement.
2. Reta App
2.1The Reta App is an online platform that locates, matches and connects Drivers with Customers who require Drivers to facilitate online shopping returns to postal services sites as an on-demand or scheduled return service (Service).
2.2We are a mere a shopping returns facilitation tool and not a shopping returns or collections agency or service provider, nor are we a courier, delivery or transport service provider. Our role in providing you with access and use of the Reta App should be construed strictly in this context only.
2.3We grant you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to download, install, access and use the Reta App for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
3. Changes
3.1We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change or remove any functions or features of the Reta App, the Fees, Service Fees or other charges payable under this agreement, any user of the Reta App or any other products or services offered on, or via, the Reta App with, or without notice, to you.
3.2If we provide you with notice of changes to this agreement, we shall do so either by email or by posting it on the Reta App.
4. Term
This agreement commences on the date you create a Driver Account with us on, or via, the Reta App (Commencement Date) and continues, unless terminated in accordance with clause 16 (Term).
5. Driver Account
5.1If you wish to access and use the Reta App as a Driver, you must:
(a)download the Reta App on your mobile device (available on the iOS App Store and the Google Play Store);
(b)register with us and setup an account (Driver Account) via the Driver Registration Portal. The Driver Account will be operated by a username which will be your email address (Username) and password (Password) of your choosing. You can change your Password any time by you accessing the ‘Account Settings’ page on the Reta App;
(c)provide only accurate, complete registration information and Personal Information (including full name, email address, copy of your driver’s licence, vehicle registration number, ride sharing driving history, and driving offence history (if any)) and you will update that information if it changes. All Personal Information as well as the information you provide to register, is subject to our Privacy Policy;
(d)create, open and maintain an account with our Third Party Payment Processor (Payment Account) and you will provide such account details to our Third Party Payment Processor for the purpose of paying you the Fees (less the Service Fee); and
(e)be over 18 years of age and legally able to enter into contractual relations. If you are under the age of 18 years, you should not create a Driver Account. We reserve the right to ask for proof of age from you, and your Driver Account may be suspended until satisfactory proof of age is provided.
5.2In relation to your Driver Account, you undertake that you will:
(a)not allow another person to use your Driver Account or perform Reta Jobs through your Driver Account. You are solely responsible for any activity conducted on, or through the Driver Account. Please notify us immediately if you become aware that your Driver Account is being used without authorisation or any other security breach relating to your Driver Account;
(b)only create one Driver Account on the Reta App; and
(c)not impersonate another account holder or provide false identity information to gain access to or use the Reta App.
5.3We will not be liable to you or any third party for:
(a)any Loss or Claim incurred by you, any Customer or any third party as a result of any miscommunication, interruption, failure or upgrade of the Reta App;
(b)any missed Reta Jobs or miscommunication between you and a Customer; or
(c)no-show or cancellation by a Customer of a Reta Job.
5.4We have the right to suspend or terminate any Driver Account or your access to, or use of, all or any part of the Reta App at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
6. Reta obligations
6.1We shall use commercially reasonable endeavours to provide you with access to, and use of, the Reta App as described on the Reta App.
6.2The undertaking in clause 6.1 shall not apply in the event of:
(a)any non-conformance which is caused, or contributed, by use of the Reta App contrary to our instructions or the terms of this agreement;
(b)modification or alteration of the Reta App by any party other than us or our duly authorised Personnel;
(c)Force Majeure Events; and
(d)the unsuitability or malfunction of the Reta App when used in conjunction with any software, platforms, applications and tools supplied by a third party provider.
6.3In the event that Reta fails to provide you with access and use of the Reta App in accordance with clause 6.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 6.1.
7. Driver obligations
7.1To access and use the Reta App, you must:
(a)open a Driver Account with us via the Reta App;
(b)provide us with all necessary co-operation and information to facilitate and provide the Reta App, including (but not limited to) proof of identity;
(c)hold a valid Australian driver’s licence (and not be under probation) for the term of this agreement;
(d)be lawfully entitled to work in Australia, and you must, if requested by us, provide proof of your entitlement to work in Australia. We reserve the right to suspend your access to, and use, of the Reta App until satisfactory proof of entitlement to work in Australia is provided;
(e)ensure that any vehicle you use to perform the Reta Jobs is roadworthy, registered with your local transport authority and fit for the purpose of performing the Reta Jobs. At all times you must maintain your vehicle in good working order and regularly serviced;
(f)obtain and maintain all equipment, hardware and software required by you to access and use the Reta App and you will provide us with access to your camera for the purpose of taking photographs of the Permitted Goods to be returned and the geolocation data on your mobile device for the purpose of tracking your location when you are using the Reta App;
(g)provide us with information to assist us to comply with any audits or investigations, or respond to any to complaints or proceedings; and
(h)carry out all of your responsibilities set out in this agreement in a timely and efficient manner.
8. Reta Jobs
8.1The Driver will:
(a)only collect and deliver Permitted Goods and you will not tamper with, open, or damage, the Permitted Goods or remove any Permitted Goods from its package or parcel;
(b)provide suitable packaging for the transportation of the Permitted Goods only if the Customer has failed to provide such packaging;
(c)perform the Reta Jobs in a conscientious, competent, expeditious, safe and respectful manner, with reasonable skill, care and diligence and in accordance with the standard of professional care customarily observed by independent contractors rendering similar services (including, but not limited to handling the parcels with care, safely and securely storing the parcels during transit and delivering the parcels without delay or detour);
(d)perform the Reta Jobs to the reasonable satisfaction of the Customer and Reta;
(e)verify the contents of the parcel and the postal service delivery location at the time of collection from the Customer;
(f)consent to the use of Tracking Technology when performing the Reta Jobs and you must not at any time turn off or de-active the Tracking Technology when performing the Reta Jobs;
(g)at its own cost, install dashcams in your Vehicle in the location where the Permitted Goods are stored during transport, and ensure that the dashcam is on and recording for the duration of the Reta Job;
(h)perform the Reta Job in accordance with the instructions and directions contained within the Reta Jobs or as the Customer may otherwise reasonably direct);
(i)when performing the Reta Jobs act in our best interests and not act in any manner which could bring Reta App and Reta into disrepute;
(j)comply with all reasonable directions, policies and guidance provided by us from time to time;
(k)comply with all Relevant Laws (including road safety rules and traffic laws and regulations; driving hours and fatigue management law and regulations). For example, you must obey speed limits, stop at traffic lights, follow road signs, wear a helmet (if using a bike) or a seatbelt (if using a vehicle), use hand-free kit while driving, and do not drive a bike or vehicle under the influence of drugs and/or alcohol or fatigued; and
(l)notify Reta as soon as is reasonably practicable if your vehicle/bike is involved in any accident, a Reta Job cannot be completed or if the parcel (or the contents of the parcel) are damaged, lost or destroyed.
8.2You acknowledge and agree:
(a)the Driver is solely responsible for the performance of the Reta Jobs, including any obligations or liabilities to Customers or anyone else arising out of, or in connection with, the performance of the Reta Jobs;
(b)you are independent contractor (and not an employee, partner or shareholder in Reta);
(c)the Driver is responsible for taking such precautions and safety measures as may be necessary to safely perform the Reta Jobs;
(d)the Driver is responsible for providing their own roadworthy vehicle or bike in order to perform the Reta Jobs;
(e)Reta does not control or direct you in the performance of the Reta Jobs, and that you are solely responsible for any acts or omissions when undertaking the Reta Jobs; and
(f)you retain the sole right to determine when and how often you utilise the Reta App. You retain the right to accept, decline or ignore any Reta Job; however, once you accept a Reta Job, you may only cancel the Reta Job in accordance with clause 12 (Cancellation Policy); and
(g)the Customer has taken photographs of the Permitted Goods and uploaded them to the Reta App at the time the Reta Job was created, and the uploaded photographs are conclusive evidence of the Permitted Goods being collected by you.
8.3The Driver will affect and maintain appropriate insurance policies sufficient to meet any Claims arising from the performance of your obligations under this agreement and the performance of the Reta Jobs, including any insurance required to be held by the Driver under Relevant Laws. The Driver will provide the Reta with proof of insurance at such times as Reta may request. The Driver will immediately notify the Reta of an event that is likely to give rise to a claim under an insurance policy held by the Driver.
9. Restrictions
9.1Except as otherwise permitted under this agreement, you must not:
(a)license, sell, rent, lease, transfer, assign, distribute, display, disclose, copy, reproduce, publish, communicate or otherwise commercially exploit, or otherwise make the Reta App available to any third party;
(b)violate the Reta IP;
(c)misrepresent your true legal identity in your dealings with us;
(d)modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Reta App or your Driver Account;
(e)access all or any part of the Reta App (or any Reta IP contained therein) for the purposes of building a product, service or code which competes with the Reta App; and
(f)unless otherwise authorised in writing by Reta, use any Marks when performing the Reta Jobs. The Driver will not do or omit to do anything which could invalidate or jeopardise the rights of Reta in the Marks;
(g)renegotiate the Fees directly with the Customer or circumvent the obligation to pay the Service Fee by (directly or indirectly) entering into a separate contract of service or contract for service with the Customer introduced to you on, or via, the Reta App; and
(h)make any communication (directly or indirectly), through any means to any person that disparages or is otherwise negative about Reta App or Reta (or any of our Personnel).
10. Intellectual Property Rights
10.1You acknowledge that, notwithstanding anything else, Reta and/or our licensors own all Intellectual Property Rights in the Reta App and anything else generated, discovered or otherwise coming into existence as a result of, or in connection with, your access to, and use of, the Reta App (including all improvements, upgrades, modifications, amendments or enhancements to any of the foregoing) (collectively, the Reta IP).
10.2Accessing and using the Reta App does not give you (or anyone else) ownership of, or any right, title or interest in the Reta IP, or any information, content or technology that may be provided to, or accessed by, you in connection with your use of the Reta App, all of which is, and will remain, owned by Reta or our licensors.
10.3You grant Reta a worldwide, non-exclusive, royalty-free and perpetual licence to use, disclose, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, your User Data (and all Intellectual Property Rights contained therein) for the purpose of:
(a)enabling Reta to provide the Reta App and the Services and otherwise perform our obligations and exercising our rights under this agreement;
(b)informing you about Reta Jobs and about other products or services that Reta may offer from time to time or in relation to third party products and/or services offered by us, our Affiliates or our third party providers;
(c)complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request; and
(d)using usage patterns, trends, and other statistical or behavioural data derived from use of the Reta App and/or the Services for the purposes of providing, operating, maintaining, or improving the Services, the Reta App, or our other products and services.
11. Pricing and payment
11.1We do not charge you a fee to install the Reta App or to create a Driver Account.
11.2In consideration of us providing you with access to, and use of, the Reta App, you will:
(a)appoint us as your payment collection agent for the purpose of collecting the Fee on your behalf each time you complete Reta Jobs for Customers on, or via, the Reta App; and
(b)pay us the service fee as specified on the Reta App each time a Reta Job is completed by you (Service Fee).
11.3Reta will collect the Fee from the Customer on your behalf at the time the Reta Job is created, and we will remit the Fee (less the Service Fee) to your Payment Account within 2-7 Business Days of receiving payment from the Customer (provided the Reta Job has been completed). The Service Fees shall be payable in Australian Dollars and are exclusive of GST, which shall be payable in addition.
11.4Fees displayed on Reta App are estimates only and are current at the time of issue. Fees are subject to change at any time.
11.5To the extent permitted by Relevant Laws and unless otherwise stipulated in this agreement, you acknowledge and agree that:
(a)all Services Fees payable to Reta are non-refundable;
(b)Reta is under no obligation to pay you the Fee if you do not provide the Services or complete the Reta Job for the Customer or we do not receive payment of the Fee from the Customer for whatever reason;
(c)the Fee is the only fee, remuneration, benefit or payment you will receive for performing Reta Jobs, completing Reta Jobs or otherwise under this agreement.
11.6We use a Third Party Payment Processor to process payments on our behalf. To make payment of the Fees (less Service Fee) to you, you agree to provide our Third Party Payment Processors with accurate and complete billing information, and you agree to share billing information with our Third Party Payment Processor for the purpose of processing payments.
11.7We may, at our absolute discretion and without notice to you, change the payment methods that can be used to process payments made under this agreement at any time.
11.8Unless otherwise stipulated in this agreement, you are responsible for all costs incurred in performing the Services and vehicle/bike related expenses, including, but not limited, vehicle registration renewals, driver’s licence renewals, parking and speeding fines, road tolls and levies, motor vehicle insurance and vehicle/bike repair, replacement and maintenance.
11.9Reta, may, at our absolute discretion, change the Fee or Service Fee at any time, by giving you written notice, or by otherwise posting it on the Reta App. Where a change relates to an increase in Service Fee, Reta shall provide you with 14 days prior written notice or by otherwise posting it on the Reta App. If you do not agree to these changes, you should terminate the agreement in accordance with clause 16, no later than 14 days after the date you received written notice of the changes, or the changes were posted on the Reta App.
11.10The Drive will be solely responsible for reimbursing the Customer for the full replacement cost of any Permitted Goods that were destroyed, damaged or lost while in your custody or control (Reimbursement Cost).
11.11If you fail to pay the Reimbursement Cost to the Customer, Reta may, at our absolute discretion, do all or any of the following:
(a)suspend your access to the Reta App and Services until the Reimbursement Cost is paid by you to the Customer in full; and/or
(b)offset the Reimbursement Cost against any Fees owing to you under this agreement, and pay the Reimbursement Cost (or any part thereof) on your behalf to the Customer; and/or
(c)terminate in the agreement in accordance with clause 16.
12. Cancellation and complaint policy
12.1The Customer may cancel a Reta Job any time before you have been assigned to the Reta Job and collected the Permitted Goods from the Customer. If the Customer has cancelled a Reta Job assigned to you before you have arrived to collect the Permitted Goods, you acknowledge that you will not be entitled to the payment of any Fees arising out of the cancellation of the Reta Job (including, but not limited to, any penalty or cancellation fees).
12.2Once you have arrived to collect the Permitted Goods from the Customer, the Reta Job cannot be cancelled by the Customer, unless Reta otherwise agrees.
12.3Once you have accepted a Reta Job, you cannot cancel the Reta Job or fail to complete the Reta Job, unless you have a reasonable reason for cancelling the Reta Job or failing to complete the Reta Job. For example (non-exhaustive), you may cancel a Reta Job, if you are involved in an accident prior to arriving to collecting the Permitted Goods or the Customer has requested that you transport a Prohibited Good.
12.4Except as otherwise permitted under this agreement, a Driver cannot cancel Reta Job or fail to complete a Reta Job in the following circumstances:
(a)based on the intended destination of the Permitted Goods; or
(b)based on the estimated Fee for the Services; or
(c)based on reasons that would constitute a breach of relevant equal opportunity or discrimination laws or other Relevant Laws.
12.5If the Reta Job was not performed to the Customer’s reasonable satisfaction (for example, you did not complete the Reta Job or delivery of the Permitted Goods was unreasonably delayed or the Permitted Goods arrived damaged), the Customer may submit a complaint to Reta. In the event of a Customer complaint, you will fully cooperate with our investigation of the complaint by providing us with all necessary information (including dashcam footage) relating to the complaint.
12.6If Reta determines, in our absolute discretion, that you failed to perform the Reta Job as described on the Reta App, we may, at our absolute discretion, refund the Customer the full Fee. In the event we refunded the Fee to the Customer (Fee Refund) and if:
(a)no Fee has been paid to you, then we are under no obligation to pay the Fee to you; or
(b)we paid the Fee to you, we will either require you to immediately repay the Fee to us on demand, or we will deduct the Fee Refund from future Fee paid to you under this agreement.
13. Warranties
13.1To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) whether these are made in connection with the provision and use of the Services or the Reta App.
13.2Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
13.3You acknowledge and agree that, to the extent permitted by Relevant Laws, we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency, quality, safety or security of the Services, the Reta App or any Reta Job. We will not be liable if the Reta App and the Services is unavailable for any reason, including directly or indirectly as a result of:
(a)telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b)negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
(c)network or platform maintenance or upgrade (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any systems or network used in connection with the provision of the Reta App;
(d)services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
(e)a Force Majeure Event.
13.4You warrant, acknowledge and agree that:
(a)your use of the Reta App has not been made on the basis of any representations made by us regarding features or functionality of the Reta App or the availability of Reta Jobs;
(b)the Reta Jobs will be performed in a professional, competent, safe and diligent manner and will be fit for purpose and comply with all Relevant Laws;
(c)your vehicle is roadworthy, registered and in a clean condition and fit for the purpose of performing the Reta Jobs;
(d)you have all the required driver’s licences, insurance coverage and appropriate citizenship, residency or visa status that gives you the right to work in Australia. You will promptly provide documentary evidence reasonably required by us to prove and demonstrate that you have the necessary licences, insurances and visa status; and
(e)your Driver Account and all the User Data disclosed to us (including insurance, vehicle registration and driver licence details) are true, accurate, complete and up to date. You agree to maintain the currency of any information, including Personal Information by updating us promptly after you become aware of (or ought reasonably to have been aware of) any change;
(f)we do not perform any background checks on Customers; and
(g)you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, you will not breach any third party rights.
13.5We do not recommend or endorse any content, comments or submissions published or posted by Customers or any third party on our related social media pages about you or other drivers.
13.6You acknowledge that, to the extent permitted by Relevant Laws, we do not warrant:
13.7that any information or other content available or offered on, or via the Reta App is accurate, complete, reliable, current or error-free or is suitable for any particular purpose, and is provided on an ‘as is’ and ‘where is’ basis;
13.8that you will complete a minimum number of Reta Jobs or earn any specific amount revenue or make a profit arising out of, or in connection with, your access to, and use of, the Reta App;
13.9the reliability, legitimacy, character, or creditworthiness of any Customer, nor that any goods, products and parcels transported by you are undamaged, safe or are not Prohibited Good; or
13.10the Reta App will be available 24 hours a day, 7 days a week.
13.11In the event of any Loss of your Driver Account and User Data, your sole and exclusive remedy shall be for Reta to use reasonable endeavours to restore the Driver Account and User Data, that is lost or damaged, from the latest back-up of Driver Account and User Data maintained by Reta in accordance with our standard archiving and backup procedures.
13.12Reta will not be responsible for any Loss, destruction, alteration, corruption or disclosure of Driver Accounts and User Data caused by us, your acts or omissions or the acts or omissions of other users of the Reta App or any third party.
14. Limitation of Liability
14.1To the fullest extent permitted by Relevant Laws, Reta, our Affiliates and Personnel (excluding Drivers) will not be liable to you or any third party for:
(a)any Claims or Losses (including Consequential Loss); or
(b)Loss of, or damage to, any property belonging to you or any personal injury, illness or death to you or any third party,
arising out of, relating or connected to, the provision or use of the Reta App and the Services (including acceptance and performance of any Reta Jobs by you) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
14.2Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees (less Service Fees) paid to you by us under this agreement, in the preceding one month of the Claim.
14.3You agree to defend, indemnify and hold us, our Affiliates and our Personnel (excluding Drivers) (collectively, the Indemnified) harmless from and against any and all Claims and Losses (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
(a)breaches or non-performance by, you of any your obligations under this agreement; or
(b)your negligent, wilful or wrongful acts or omissions; or
(c)loss, destruction or damage to any property belonging to the Driver or the loss, destruction or damage to any Permitted Goods while in your custody or possession or any personal injury or death arising out of or in connection with this agreement; or
(d)employment-related claim or any claim based on employment status (including reasonable costs and expenses) brought by you, any substitute or anyone else, against the Indemnified arising out of or in connection with the performance of the Reta Jobs; or
(e)any tax liability, assessment or claim whatsoever arising from or made in connection with the performance of the Reta Jobs, where such recovery is not prohibited by Relevant Laws.
14.4Reta may satisfy such indemnity (in whole or in part) by way of deduction from any other payment due to you under this agreement.
15. Privacy
All Personal Information you provide to us to open a Driver Account and any User Data (including Personal Information) you disclose to us in the course of performing a Reta Job or otherwise using the Reta App, is subject to our Privacy Policy, which is incorporated into this agreement. You warrant that, in relation to any Personal Information disclosed to us by you on, or via, the Reta App:
(a)it has been collected in accordance with Privacy Laws;
(b)you have the authority to upload, post, publish or otherwise transmit such information on, or via, the Reta App; and
(c)you have obtained the informed consent of the individuals who are the subject of such Personal for us to use, disclose, store, transfer, process or handle it.
16. Termination
16.1The Driver may terminate this agreement at any time by deleting your Driver Account or deleting the Reta App, except that a Driver must not terminate this agreement during an active Reta Job.
16.2We may terminate or discontinue the Reta App or any major functions or features of the Reta App and/or the Services at any time (without liability to you) by 14 days written notice to you, or by otherwise posting it on the Reta App.
16.3You agree that Reta may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
(a)any Reta Job; and/or
(b)your Drive Account; and/or
(c)the Reta App and the Services; and/or
(d)any social media pages linked to our business or the Reta App; and/or
(e)any other products and services offered on, or via the Reta App.
16.4Cause for such suspension or termination may include, but are not limited to:
(a)any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;
(b)serious or repeated breaches or violations of another person’s Intellectual Property Rights or privacy rights;
(c)the failure to pay the Service Fees and/or Reimbursement Costs;
(d)your activities, conduct or transactions on, or, via, the Reta App, which brings, or has the capacity to bring Reta and/or the Reta App into disrepute;
(e)systematic or persistent cancellation of Reta Jobs or failure to perform the Reta Jobs; or
(f)the discontinuance of the Reta App or any function or feature of the Reta App.
17. Effect of termination
17.1On termination of this agreement for any reason:
(a)all licences and rights of access granted under this agreement will immediately terminate and you must delete and cease using the Reta App;
(b)you must immediately pay all outstanding Service Fees, Reimbursement Costs and any other outstanding monies owing to us under this agreement; and
(c)we will delete your Driver Account and Reta may destroy or otherwise dispose of all of your User Data, no later than 30 days after the effective date of the termination of this agreement, unless within seven days of termination of this agreement, we receive a written request from you for the delivery to you of the then most recent back-up of your User Data. Reta shall use reasonable commercial endeavours to deliver the back-up to you within 30 days of its receipt of such a written request, provided that you have, at that time, paid all Service Fees and Reimbursement Costs outstanding at and resulting from termination (whether or not due at the date of termination).
17.2Following termination of this agreement, Reta may retain limited Personal Information about you (such as your account registration details) in accordance with documentation retention and destruction laws.
18. Third party products and services
18.1You acknowledge that the Reta App and Services may require you to use or access Third Party Products and Services and that you do so solely at your own risk. For example, Reta uses artificial intelligence chatbots made available by third parties to match Drivers and Customers and to manage initial communication between the parties.
18.2We make no representation or commitment, and we shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third-Party Products and Services.
18.3We recommend that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third-Party Products and Services.
18.4Reta does not endorse, sponsor or approve any Third Party Products and Services used in conjunction with the Reta App and Services. It is your sole responsibility to determine that specific products or services, meet your needs and are suitable for the purposes for which they are used.
18.5Any rights you may have to access Third Party Products and Services shall be limited to:
(a)the extent of Reta’s ability to pass on such rights to you; or
(b)the relevant third-party licensor terms.
19. Updates
19.1Without notice to you, Reta may, at our absolute discretion, from time to time:
(a)change, add or delete the functions, features, performance, or other characteristics of the Reta App; or
(b)apply or install updates to, or new versions of, the Reta App.
19.2You acknowledge that the Content and Reta Jobs on the Reta App are subject to change at any time and may be out of date at any given time. Reta is under no obligation to:
(a)update, correct or fix any Content, Reta Jobs or errors in the Reta App; and/or
(b)notify you of any changes to the Content, Reta Jobs or the Reta App, unless required by a Relevant Law to do so.
20. Support Services
20.1Reta may, at our absolute discretion, provide you with customer support services during Business Hours in accordance with Reta’s standard support services and maintenance policy (as amended from time to time).
20.2If you require customer support services or you are having difficulties accessing and using the Reta App and the Services, you may contact us via email: here2help@returnsandtracking.com
21. Dispute Resolution
The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
22. Force Majeure Event
We will have no liability to you, any Customer (or anyone else) under this agreement if we are prevented from or delayed in performing our obligations under this agreement by reason of any acts, events, omissions or accidents beyond our reasonable control. Such events include, strikes, lock-outs or other industrial disputes, any failure of a utility service or transport or telecommunications network, any act of God, any natural disasters, pandemics, epidemics, mandatory government lock-downs, war, riots, civil commotion, computer hacking, malicious damage, governmental order or action, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).
23. Notice
23.1By accessing and using the Reta App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Reta App.
23.2You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
23.3Notice will be deemed received and properly served immediately when posted on the Reta App or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Driver Registration Portal.
24. General
24.1A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
24.2If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
24.3If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
24.4This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
24.5You may not assign, transfer or deal in any other manner with all or any of your rights or obligations under this agreement without our prior written consent. To the extent permitted by Relevant Laws, we may, at our absolute discretion, assign, transfer or deal in any other manner with all or any of our rights or obligations under this agreement without your prior written consent.
24.6Nothing in this agreement is intended to or shall operate to create a partnership between the parties or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
24.7Provisions of this agreement which are either expressed to survive its termination, or from their nature or context it is contemplated that they are to survive, will remain in full force and effect notwithstanding such termination. Without limitation, the parties agree that clauses 5.3, 9, 10, 11, 12.5, 13, 14, 16, 17, 18.2, 21, 22, 23 and 24 will survive the termination of this agreement. Further, any indemnity obligations under this agreement are independent and survives termination of this agreement.
24.8The laws of the state of Queensland, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of Queensland.
25. Definitions
25.1In this agreement, the following words shall have the following meanings:
(a)Account Settings means the self-service portal on the Reta App used by you to access and use, the Reta App and the Services.
(b)Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (iv) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
(c)Business Days means each day excluding Saturdays, Sundays and public holidays in Queensland.
(d)Business Hours means 9:00am to 4:00pm on Business Days.
(e)Commencement Date has the meaning in clause 4.
(f)Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement: (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense; (ii) loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data, or loss of enjoyment; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; (iv) loss or damage to any property, or for any personal injury or death; (v) parking or speeding tickets, insurance premiums or deductibles, road levies or road tolls; or (vi) loss or damage of the nature set out above in clauses (i) to (v) (inclusive) that is incurred or suffered by or to a third party.
(g)Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of Reta App.
(h)Driver, you or your has the meaning in clause 1.1.
(i)Driver Account has the meaning in clause 5.1.
(j)Driver Registration Portal means the driver registration portal available on the Reta App and used by the Driver to open a Driver Account.
(k)Customer means a third party consumer who requires a Driver to collect and return Permitted Goods to a postal services site as an on-demand or scheduled return service.
(l)Fee means the fee payable to you by Customers each time you complete a Reta Job (less the Service Fee).
(m)Force Majeure Event has the meaning in clause 22.
(n)Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
(o)Marks means all the trade marks, trading names, logos, slogans, designs, corporate or business names and other similar indicia of origin of Reta, owned by or licensed to Reta.
(p)Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and all applications for and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
(q)Password has the meaning given in clause 5.1(b).
(r)Permitted Goods means products, goods and items that: (i) are securely packaged in parcels suitable for transport; (ii) do not exceed the maximum size and weight permitted by Australia Post for domestic shipping; and (iii) are not Prohibited Goods.
(s)Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
(t)Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of a party.
(u)Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles, and any other legislation, codes and policies relating to the handling of Personal Information applicable to the jurisdiction in which the user is located.
(v)Privacy Policy means our privacy policy available on our Website or any other internet site notified by us from time to time, which is incorporated into this agreement.
(w)Prohibited Goods means: (i) any goods or products that are volatile, explosive, flammable, hazardous or otherwise damaging or dangerous, banned products or services, drugs, weapons or any goods, products or services that are illegal or cannot be sold or offered for sale under any Relevant Law; (ii) people and live animals; (iii) credit card, cheques or cash; and (iv) fragile goods or products requiring special handling or refrigeration.
(x)Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world, including (i) road safety rules and traffic laws and regulations; (ii) driving hours and fatigue management laws and regulations; and (iii) Privacy Laws.
(y)Reta, we, our or us has the meaning in clause 1.1, and where the context permits, our Personnel (but excluding the Driver) and Affiliates.
(z)Reta App means the shopping collections and returns platform (including all Intellectual Property Rights contained therein) owned and operated by Reta and made available to Drivers and Customers via a mobile application.
(aa)Reta IP has the meaning in clause 10.1.
(ab)Reta Job means a request submitted by a Customer on, or via, the Reta App for a Driver to collect and return Permitted Goods to a postal services site.
(ac)Services has the meaning in clause 2.1 and includes the collection and return of Permitted Goods purchased by a Customer from online or e-commerce websites to postal service sites as specified in the Reta Job submitted by the Customer on, or via, the Reta App.
(ad)Service Fee has the meaning in clause 11.3(b).
(ae)Term has the meaning in clause 4.
(af)Third Party Products and Services means software, products, services or content (including all Intellectual Property Rights contained therein) that: (i) are provided by third party providers; (ii) interoperate with the Reta App and Services; and/or (iii) may be identified as third party products or services.
(ag)Third Party Payment Processor means Stripe and any other third party payment processor permitted by Reta from time to time.
(ah)Tracking Technology means surveillance or tracking technology contained within the Reta App which enables us to track your location and activities when using the Reta App or otherwise providing Services.
(ai)User Data means all data, content, material and information (including Personal Information): (i) uploaded to or stored on the Reta App by you; (ii) transmitted by the Reta App at your instigation; (iii) supplied by you for uploading to, transmission by, or storage on, the Reta App; or (iv) generated by the Reta App as a result of the use of the Services by you, but excluding Reta IP.
(aj)Username has the meaning given in clause 5.1(b).
(ak)Website means the website located at https://www.returnsandtracking.com and social media linked pages or any other internet site notified by us from time to time.