Standard Terms for Delivery Services

Standard Terms for Delivery Services

Unless otherwise agreed between a driver and Passenger, these Standard Terms for Delivery Services are incorporated into the agreement for Delivery Services between the driver and Passenger. Unless the context otherwise requires, expressions used in these standard terms have the meaning given to them in the Driver Agreement and the Passenger Agreement.

1. START DATE AND TERM 

1.1. This agreement starts when a booking is created between driver and Passenger for Delivery Services.

1.2. This agreement ends in accordance with clause 7.

2. DELIVERY SERVICES 

2.1. The driver is solely responsible for providing the Delivery Services.

2.2. The driver will perform the Delivery Services in a proper and workmanlike manner.

2.3. The driver will perform the Delivery Services at the time and location agreed with the Passenger.

2.4. If the parties amend this agreement or agree to any other terms, each party must perform in accordance with those amended or agreed terms.

2.5. The driver cannot subcontract any part of the Delivery Services to a third party.

2.6. The Passenger uses the Delivery Services at their own risk, subject to the driver complying with the terms of this agreement.

3. GUARANTEES & WARRANTIES 

3.1. The parties agree that where the Delivery Services are provided for business purposes in New Zealand, the parties’ rights are subject to this agreement and the New Zealand Consumer Guarantees Act 1993 does not apply.

3.2. Subject to clause 3.1 Reference source not found., nothing in these Terms exclude or limit rights you may have under the consumer guarantees set out in Part 3-2 of the Australian Consumer Law and Part 4 of the New Zealand Consumer Guarantees Act 1993 (together, the Consumer Legislation) as applicable.

3.3.Each party warrants that the information they have provided to the other party is true, complete and accurate.

3.4 The driver warrants to the Passenger that they hold all licences, permits, endorsements registrations, approvals and/or authorities required to provide the Delivery Services and otherwise have the right to provide the Delivery Services.

4. PAYMENT OF SERVICE FEES

4.1. The Passenger must pay the Service Fees to the driver in accordance with the Passenger Agreement

5. LIMITATION OF LIABILITY 

5.1. Except for liability in relation to a breach of any implied condition, warranty or guarantee in an agreement, the exclusion of which would contravene the law or cause any part of the agreement to be void (Non-excludable Condition), the parties exclude all consequential loss arising out of or in connection with the Delivery Services, any claims by any third party, or this agreement, even if the party causing the breach knew the loss was possible or it was otherwise foreseeable.

5.2. The liability of each party to the other is capped at the Service Fees, except in relation to a breach of any Non-excludable Condition.

5.3. To the extent permitted by law in New Zealand, the driver takes no responsibility for the contents of any items delivered through the Delivery Services.  Items that are to be delivered using the Delivery Service are done so at the Passenger’s sole risk. This means that the driver will pay no compensation if the items are lost or damaged, unless the driver has lost or damaged an item through an intentional act or omission.

6. DISPUTES

6.1. The parties will attempt to resolve any dispute that arises between them within 14 days by negotiation.

7. END DATE

7.1. This agreement ends on the earlier of:

(a) the Delivery  Services being completed and the Service Fee being paid to the driver;

(b) if a party is terminated or suspended from the DiDi platform; and

(c) the date the parties otherwise agree.

8. POLICIES

8.1. This agreement incorporates any applicable DiDi policies including without limitation the DiDi Delivery  Rules.

9. GOVERNING LAW

9.1. This agreement is governed by the laws of the jurisdiction where the request for Delivery  Services was made on the DiDi platform.

 Last update: February 2021