If you’d like to know more about our terms, read on…
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and the Company, a Sydney corporation (the “Company”). In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at Terms & Conditions or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.
The Company does not provide logistics or courier services, and the company is not a logistics carrier. It is up to the third party courier or logistics provider, courier or vehicle operator to offer courier services which may be scheduled through use of the software or service. The company offers information and a method to obtain such third party courier services, but does not and does not intend to provide courier services or act in any way as a courier, and has no responsibility or liability for any courier other than stated herein services provided to you by such third parties.
Representations and Warranties
By using the Software or Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18). By using the Software or Services, you represent and warrant that you are at least 18 years old. By using the Software or the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Software or Service. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or unauthorized device.
By using the Software or the Services, you agree that:
- You will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Software in any way whatsoever.
- You will not copy, or distribute the Software or other content without written permission from the Company.
- You will only use the Software and Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we may reasonably request.
- You will only use an access point or 3G data account (AP) which you are authorised to use.
License Grant & Restrictions
The Company hereby grants you a non-exclusive, non-transferable right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You shall not:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
- Modify or make derivative works based upon the Service or the Software;
- Create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device;
- Reverse engineer or access the Software in order to.
- Build a competitive product or service
- Build a product using similar ideas, features, functions or graphics of the Service or Software, or
- Copy any ideas, features, functions or graphics of the Service or Software, or
- Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software and Service only for its intended purpose and shall not:
- Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein.
- Attempt to gain unauthorised access to the Software or Service or its related systems or networks.
All prices and Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.
Any fees which the Company may charge you for the Software or Service, are due immediately and are refundable at the company’s discretion.
This refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidise the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Services or Software should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at https://sherpawebsite.wpengine.com. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
Disclaimer of Warranties
The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
The Company’s service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
General Limitation of Liability
In no event shall the company’s aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The Company may introduce you to third party couriers for the purposes of providing courier services. We will not assess the suitability, legality or ability of any third party couriers and you expressly waive and release the company from any and all any liability, claims or damages arising from or in any way related to the third party couriers. The company will not be a party to disputes, negotiations of disputes between you and such third party providers. We cannot and will not play any role in managing payments between you and the third party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service. You expressly waive and release any and all rights and benefits in accordance with and governed by the laws of the state of New South WalesThe quality of the courier services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such courier services to you. You understand, therefore, that by using the software and the service, your shipments may be exposed to situations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the software and the service at your own risk.
Liability of Goods in Transit
Only in cases where goods or items are damaged, lost or stolen during transit delivery (that is, while the good or item is in possession of the Sherpa driver), the Company offerers investigate and mediate the issue and, if the Sherpa driver partner is found to be at fault, will provide you compensation for damages up to AUD$300 in credit in your Sherpa account. As soon as the incident occurs, please contact Sherpa Support at firstname.lastname@example.org. Your email must include the following details:
- Delivery ID
- Proof of Damages (Photos – high resolution and different angles)
- Explanation of the situation
- Copy of invoice
If the Company is determined to be at fault, the Company warrants the replacement of said items up to the value of AUD$300.
Where the Company is not at fault:
Incorrect delivery address
Incorrect delivery information
Unavoidable weather and environmental conditions
Where the Company is at fault:
The item was directly and observably damaged by a contractor (pre-existing photo evidence to be submitted)
The item was stolen by a Sherpa contractor
The item was lost by a Sherpa contractor when all delivery information is sufficient
The item is left in a location exposed to rain and inclement weather
The item is left in a location exposed to public without approval and is stolen by someone else.
For items of high value, we recommend that you either purchase your own insurance or make a special declaration of item value and request for insurance prior to logging the delivery with the Company.
The Company can only be held liable for direct damage or loss to items. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to the Company’s attention.
The Company does not represent itself as a courier service provider nor is this implied. The Company does not provide or intend to provide any courier services. You are engaging the the Company’s drivers directly for the courier services and the Company is merely a facilitator.
All other issues related to tangible goods or items sent by the Client will not qualify for investigation or mediation by the Company and any disputes, negotiations of disputes between you and such third party providers will be at your sole discretion.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending the email. You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by sending an email to email@example.com addressed to the attention of: Chief Executive Officer.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to
A parent or subsidiary
An acquirer of assets
A successor by merger
Any purported assignment in violation of this section shall be void.
This Agreement shall be governed by Australian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service or Software shall be subject to the exclusive jurisdiction of the state and federal courts located in Sydney NSW, Australia. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Specific Terms Related To Delivery
Delivery guaranteed in 2 hours or less to the location (also referred to as the “deliver by” time); it is the Client’s or recipient’s responsibility to be on location at time of expected delivery and contactable.
Specific Terms Related To Alcohol Delivery
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
We do not allow purchase of alcohol products via Sherpa mobile App or website. This can be done via our third party providers. You must be over the age of 18 years; and any person that you are obtaining the products for, or supply the products to, are over the age of 18 years.
The Company may request supporting documentation to verify personal information in its absolute discretion.
The Company reserves the right to refuse or reverse any transaction at our discretion where we reasonably suspect that unlawful activity has been, is being or may be engaged in.
If there is no one at the Delivery Address or no one over the age of 18 to receive the order when the order is delivered the Company may charge you and you may be required to pay an additional fee.
We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.
Returns & Redelivery
A Sherpa driver will attempt to log a return or redelivery in the following circumstances:
- If the recipient is unavailable and you have marked ATL, the Sherpa driver will assess if there is a safe place to leave the item. If there is no safe place, the Sherpa driver will contact you directly to ask for permission to book a return or redelivery.
- If the recipient is unavailable and you have NOT marked ATL, the Sherpa driver will contact you directly to ask for permission to book a return or redelivery.
- If the items to be delivered consist of alcohol and/or tobacco and
- the person receiving it is under 18 years of age
- the recipient is intoxicated
- the recipient is unavailable
- If the delivery information provided is incorrect.
- If the item is handed over to the wrong Sherpa driver; that is, not the one assigned to that specific job.
In all of the above cases, the Sherpa driver will be instructed to book a return delivery to your store. You, as the Client, will be charged for the cost of the return or redelivery.
If the Sherpa driver picks up the wrong item; that is, the driver is at fault; the Client will not be charged for the return or redelivery.
Delivery Pricing and Surcharges
All prices displaced are at the sole discretion of the Company and are subjected to changes and surcharges.
CBD Delivery Surcharges
Deliveries that have a pick-up or delivery location in the CBD face more challenges for drivers than deliveries in more suburban areas. That is why the Company charges a CBD surcharge for deliveries that either have a pick-up or drop-off location in the postcodes areas: 2000, 3000, 4000, 5000, 6000, 7000, and 2600.
All delivery windows, except Hourly Rate runs
There is a maximum of one CBD surcharge per delivery. If both the pick-up and drop-off location are in the CBD, the CBD surcharge will only be charged once.
Deliveries ready after 1 PM in their respective time zone (AEST, AWST, ACST, LHST) will receive a higher CBD surcharge than deliveries with a ready at time before 1 PM.
Hourly Rate Runs
CBD surcharges are capped on 10 CBD deliveries.
Wait Time Fee Charges
- Wait time charges will apply after the first 10 minutes of the driver arriving and waiting at either the pickup or delivery location.
- A fee of $4.00 will be charged for every additional 5 minutes the driver is kept waiting.
- Wait time charges will apply after the first 10 minutes of arrival for the first delivery and 1 minutes for every subsequent delivery in the run.
- A fee of $4.00 will be charged for every additional 5 minutes the driver is kept waiting.
As a Client of the Company you would be eligible for a (full or partial) refund of the delivery fee under the following conditions:
- If the delivery is completed significantly late. Claims for late delivery refunds need to be submitted within two (2) business days after the delivery date. Please read our Late Delivery Refund Policy for details and conditions.
- If a delivery is cancelled prior to being picked up. Please read our full Cancellation Policy for details and conditions.
- If no driver (or suitable vehicle) is available to accept and complete your delivery.
For transportation of fragile items, the Client is responsible for properly packing and/or wrapping the items and filling of any empty spaces in the packaging, to prevent damage during regular transit. The Company shall not be held liable for any damages to inadequately packaged fragile items.
Circumstances Beyond Sherpa’s Control
The Company is not liable for any loss or damage arising out of circumstances beyond the Company’s control. These include, but are not limited to, any defect or characteristic related to the nature of the item, even if known to the Company; any act or omission by a person not employed or contracted by the Company – e.g. Sender, Recipient or a third party; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, wildfires, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
The Company does not accept deliveries containing items that are classified as hazardous materials, dangerous goods, stolen or unlawfully acquired goods, counterfeit goods, animals, bullion, currency, gemstones, weapons, explosives and ammunition, human remains, illegal items, such as ivory and narcotics.