Dhoby

About the Application

a. Welcome to Dhoby (the 'Application'). The Application facilitates interactions between:

(i) The customer requesting the Transportation Services (the 'Customer'); and

(ii) The supplier who is supplying the Transportation Services to the Customer (the 'Provider'); and

(iii) The driver who is supplying the Transportation Services for the transport of the goods to permit the goods to be received by the Provider to allow supply of

the Transportation Services.

making it easier for the Customer and the Provider and the driver to locate, communicate, arrange payment and deliver the Transportation Services in a fast and secure manner (the 'Transportation Services').

The Application will enable you to seek, receive and fulfil requests for Transportation Services by the Provider of the Transportation Services in the Application.

b. The Application is operated by Dhoby Pty Ltd ACN 637 684 327. Access to and use of the Application, or any of its associated Products or Transportation Services, is provided by Dhoby. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Transportation Services, immediately.

c. Dhoby reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Dhoby updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

This Agreement constitutes a legal agreement between you, an individual, and Dhoby Pty Ltd (Dhoby) for the supply of Transportation Services to facilitate the Transportation Services being provided by the Provider.

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Dhoby in the Customer interface.

Use of the Application

a. In order to provide the Transportation Services, you are required to register for an account through the Application (the 'Account').

b. As part of the registration process, or as part of your supply of the Transportation Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

c. You warrant that any information you give to Dhoby in the course of completing the registration process will always be accurate, correct and up to date.

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(vi) License and related information.

d. Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms.

e. You may not use the Transportation Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Dhoby; or

(ii) you are a person barred from receiving the Transportation Services under the laws of Australia or other countries including the country in which you are

resident or from which you use the Transportation Services.

The Transportation Services

a. You shall be paid the amount of $4.99 AUD plus $0.80 AUD per kilometer for each order completed (‘Transportation Services Fee’)

b. If you accept a Customer’s request for Transportation Services, you will be provided with the Customer’s name and pick up location in the Application and deliver the relevant goods listed in the Application to the delivery address. On pickup of the goods you will verify that the goods are as listed in the Application.

c. You agree that If a pick-up location is unattended at the time of the pick-up, you must take photograph for proof. If no photograph is taken, you will not be entitled to the Transport Transportation Services Fee for the provision of the Transportation Services.

d. You agree that the Application may provide the Customer of the Application with certain information about you, including your first name, contact information and photo.

e. You shall not contact any Customer or otherwise use their personal information other than for the purposes of performing the Transportation Services.

f. You agree and acknowledge that you will provide at your sole cost all necessary equipment, tools or other materials to perform the Transportation Services.

g. You acknowledge and agree that you shall hold and maintain a valid driver’s license and all other required licenses, permits, work entitlements, approvals to provide the Transportation Services.

h. You acknowledge and agree that you may be subject to certain background, or other checks from time to time.

i. You acknowledge and agree that you have a citizenship or residency status that allow you the right to work in Australia.

j. You acknowledge and agree that you will provide the Transportation Services with due skill, care and diligence that you will maintain high standards of professionalism, service and courtesy.

k. You acknowledge that your vehicle must meet any requirements of Dhoby for a vehicle to provide the Transportation Services from time to time. The vehicle must be registered, licensed and generally suitable to operate as a transportation vehicle, either owned by you or leased by you or otherwise be in your lawful possession, kept in clean condition and maintained in a good operating condition consistent with industry standards and maintenance standards for a vehicle of its kind and any additional standards or requirements.

l. Dhoby reserves its rights, at any time in its sole discretion to restrict you from using the Application if you are reported to have lost items more than twice in any twelve (12) month period or if you fail to comply with the terms of this Agreement.

m. Dhoby reserves its rights, at any time, in its sole discretion, to deactivate or otherwise restrict you from accessing the Application if you fail to comply with the terms of this Agreement.

n. You must provide Dhoby with written copies of all such licenses, permits, work entitlements, approvals, authority, registrations and certifications prior to and during your performance of the Transportation Services. Dhoby is authorised to verify this documentation in any way it deems appropriate.

o. You must notify Dhoby immediately in writing if you cease to hold any license, permit, work entitlements, approvals, authority, registration or certification or there are any changes to the terms of any of those which would alter your ability to provide the Transportation Services.

Relationship with the Provider

You acknowledge and agree that your provision of Transportation Services creates a direct relationship between you and the Provider. Dhoby is not responsible or liable for the actions or inactions of the Provider or the Customer in relation to you, your activities or your vehicle. You have the sole responsibility for any obligations or liabilities to Provider or third parties arising from your provision of the Transportation Services.

You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance) with respect to the performance of the Transportation Services.

Your obligations as a Member

a. As a Member, you agree to comply with the following:

(i) you will not share your profile with any other person;

(ii) you will perform the Transportation Services only for purposes that are permitted by:

i. the Terms; and

ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(iii) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in

the immediate cancellation of your account;

(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Dhoby of any unauthorised

use of your password or email address or any breach of security of which you have become aware;

(v) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

(vi) any content that you broadcast, publish, upload, transmit, post or distribute on the Application ('Your Content') will always be accurate, correct and up to

date and you will maintain reasonable records of Your Content.

(vii) you agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you);

(viii) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the

Transportation Services;

(ix) you will not use the Transportation Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or

approved by the management of Dhoby;

(x) you will not use the Transportation Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by

electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

(xi) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may

result in termination of the Transportation Services. Appropriate legal action will be taken by Dhoby for any illegal or unauthorised use of the Application; and

(xii) you acknowledge and agree that any automated use of the Application or its Transportation Services is prohibited.

Payment

a. You may charge the Transportation Services Fee to the Customers of the Application for each completed Transportation Service that you provide to a Customer.

b. Where the option is given to you, payment for the Transportation Services Fee by way of:

(i) Electronic funds transfer ('EFT') into our nominated bank account;

(ii) PayPal ('PayPal'). If you make a payment by Paypal, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions

which are available on their Application.

c. You acknowledge and agree that where a request for the payment of the Transportation Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Transportation Services Fee.

d. You agree and acknowledge that Dhoby can vary the Transport Transportation Services Fee at any time.

e. All payments are inclusive of GST.

Copyright and Intellectual Property

a. The Application, the Transportation Services and all of the related products of Dhoby are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Transportation Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Transportation Services are owned or controlled for these purposes, and are reserved by Dhoby or its contributors.

b. All trademarks, service marks and trade names are owned, registered and/or licensed by Dhoby, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Application pursuant to the Terms;

(ii) copy and store the Application and the material contained in the Application in your device's cache memory; and

(iii) print pages from the Application for your own personal and non-commercial use. Dhoby does not grant you any other rights whatsoever in relation to the

Application or the Transportation Services. All other rights are expressly reserved by Dhoby.

c. Dhoby retains all rights, title and interest in and to the Application and all related Transportation Services. Nothing you do on or in relation to the Application will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or

process), to you.

d. You may not, without the prior written permission of Dhoby and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Transportation Services or third party Transportation Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re- use or are in the public domain.

e. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to Dhoby a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

Privacy

Dhoby takes your privacy seriously and any information provided through your use of the Application and/or Transportation Services are subject to Dhoby's Privacy Policy.

General Disclaimer

a. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

b. Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Dhoby we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our

failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Transportation

Services or these Terms (including as a result of not being able to use the Transportation Services or the late supply of the Transportation Services), whether at

common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

c. Use of the Application and the Transportation Services is at your own risk. Everything on the Application and the Transportation Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Dhoby make any express or implied representation or warranty about the Transportation Services or any products or Transportation Services (including the products or Transportation Services of Dhoby) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other

harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Application, the Transportation Services, or any of its Transportation Services related products

(including third party material and advertisements on the Application);

(iii) costs incurred as a result of you using the Application, the Transportation Services or any of the products of Dhoby; and

(iv) the Transportation Services or operation in respect to links which are provided for your convenience.

d. You acknowledge that the Application and the Transportation Services are only intended to facilitate the interactions between the Customer and the Provider and does not offer any Transportation Services other than the Transportation Services and Dhoby holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

Ratings

You acknowledge and agree that after receiving the Transportation Services, each of the Customer, Provider and the driver will be asked to rate the transaction. The rating provided may include comments or other feedback shall be provided in good faith. Dhoby may use, share, display the rantings in comments in any manner and in connection with the use of the Application without your approval. Dhoby reserves its rights in its absolute discretion to remove any comments or feedback which may include objectional content or are in breach of any law, including privacy laws. There is no consequence for the failure to provide a rating. Dhoby acknowledges and agrees that the ratings are not altered in any way by Dhoby.

Competitors

If you are in the business of providing similar Transportation Services for the purpose of providing them to Customers for a commercial gain, whether business Customers or domestic Customers, then you are a competitor of Dhoby. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Dhoby will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Limitation of Liability

a. Dhoby's total liability arising out of or in connection with the Transportation Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Transportation Services to you.

b. You expressly understand and agree that Dhoby, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss, any damage for personal injury or death and any damage to property, whether due to negligent act or omission or otherwise and you agree to this limitation of liability and agree to limit any claim accordingly.

c. You acknowledge and agree that Dhoby holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.

d. Notwithstanding anything in this clause 13, you shall not be entitled to make any claim upon us whatsoever.

Termination of Contract

a. If you want to terminate the Terms, you may do so by providing Dhoby with 7 days' notice of your intention to terminate by sending notice of your intention to terminate to Dhoby via the 'Contact Us' link on our homepage.

b. Dhoby may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Dhoby is required to do so by law;

(iii) Dhoby is transitioning to no longer providing the Transportation Services to Members in the country in which you are resident or from which you use the

service; or

(iv) the provision of the Transportation Services to you by Dhoby is, in the opinion of Dhoby, no longer commercially viable.

c. Subject to local applicable laws, Dhoby reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Transportation Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Dhoby's name or reputation or violates the rights of those of another party.

d. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Dhoby have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

a. You agree to indemnify Dhoby, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

(iii) any breach of the Terms.

Dispute Resolution

a. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually

agree;

(ii) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a

mediator or request that an appropriate mediator be appointed by the President of the Law Institute of Victoria or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the

foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own

costs associated with the mediation;

(iv) The mediation will be held in Melbourne, Victoria.

d. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

e. Termination of Mediation

If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Miscellaneous

a. Force Majeure. Dhoby shall not be or be deemed to be in default or breach of any agreement as a result of force majeure. Force Majeure shall include national emergency, war, prohibitive government regulations or any cause beyond the reasonable control of the Dhoby including trade disputes which means that the goods and/or Transportation Services cannot or are delayed in being provided to you.

b. Notices. A notice, demand, waiver, approval or other document given pursuant to these Terms must be in writing and may be given to the recipient by way of personal service, prepaid post, facsimile transmission or email transmission at the address of the party as provided from time to time.

c. Jurisdiction. The Transportation Services offered by Dhoby is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

d. Governing Law. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

e. Independent Legal Advice. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

f. Severance. If any provision or part of a provision of these Terms cannot be given effect or is declared void for any reason, the provision or part which cannot be given effect shall be severed and the remaining provisions shall remain valid, binding and enforceable on the parties.

g. Waiver. No rights under these Terms will be waived unless agreed in writing and signed by the Dhoby. The Dhoby does not waive a right if an extension or other forbearance is given to you. No waiver of a provision of these Terms shall be construed as a continuing waiver of the provision. A waiver by the Dhoby of any matter does not prejudice its rights in respect of any matter. Any non- exercise or partial exercise of or any delay in exercising any right or remedy does not constitute a waiver of that right or remedy.

h. Entire Agreement. These Terms supersede all previous agreements, discussions and representations between the Dhoby and you and constitute the entire agreement in relation to the agreement for provision of goods and/or Transportation Services between the Dhoby and you. All prior correspondence, negotiations or representations do not bind either party and either party is not entitled to rely upon them.