Terms & Conditions

 

This agreement was last updated on 8th of November 2019.

 

Please read these Terms and Conditions, the Privacy Policy and other documents referred to here, carefully before 1) you register an account on Qwik Drop’s websites, web applications and mobile application 2) you place an order or use any of the products or services provided by Qwik Drop and third-party providers and 3) you engage with Qwik Drop’s social media pages, our competitions and our content.

Qwik Drop is operated by Deliver EZ Pty. Ltd. – a private limited liability company incorporated in Australia under ACN 609086571 with registered office in South Australia. The terms ‘we’, ‘us’ or ‘Qwik Drop’ in these Terms refer to Deliver EZ Pty. Ltd.

 

Contractual Relationship

 

Your interactions with, access to or use of Qwik Drop’s websites, web applications and mobile applications (the applications), the products offered or shopping, courier and delivery services offered by third-party providers (the services), Qwik Drop’s online accounts, social media pages and its content (the accounts) and its online promotions, giveaways, promo codes and competitions (the competitions) – are governed by these Terms and Conditions (Terms).

Your interactions with, access to or uses of ‘the applications’, ‘the services’, ‘the accounts’ and ‘the competitions’ constitutes your acceptance of these ‘Terms’ and constitutes your agreement to be bound by these ‘Terms; establishing a contractual relationship between you and Qwik Drop (legal agreement). Prior agreements or arrangements with you are expressly superseded by these ‘Terms’.

You acknowledge that you have read, understand and agree to be bound by these ‘Terms’ which may be revised by Qwik Drop, from time to time. Qwik Drop will provide you with at least 14 days written notice in the event of a material change to any Terms, conditions and policies that detrimentally affect your rights under these Terms. Your continued access or use of ‘the applications’, ‘the services’, ‘the accounts’ and ‘the competitions’ constitutes your agreement to be bound by these Terms.

You authorise Qwik Drop to assign or transfer these Terms in whole or in part, including to a subsidiary or affiliate, an acquirer of Qwik Drop’s equity, business or assets or to a successor by merger.

You agree than no agency, partnership, employment or joint venture relationship exists between you, Qwik Drop or any third-party providers.

You authorise Qwik Drop to use information you have provided in a manner necessary for provision of ‘the services’, working of ‘the applications’, collection of payments, engagement on social media and marketing purposes.

You acknowledge that you are responsible for remaining up to date with these Terms.

You may terminate your agreement with Qwik Drop under these Terms at any time, for any reason by seizing access or use of Qwik Drop’s applications, services, accounts and competitions.

If you do not agree to these ‘Terms’, you cannot access or use Qwik Drop’s applications, services, accounts and competitions.

 

User Warranties

 

You warrant that you are 18 years or over in age. You agree to provide proof of age upon request if Qwik Drop needs to identify you for the purposes of service fulfilment, payment verifications, delivery of liquor or tobacco or for any other purpose related to order fulfilment.

You warrant that you will not authorise third-parties to use your Qwik Drop account and will not allow persons under the age of 18 to use or access ‘the applications’, ‘the services’, ‘the accounts’ and ‘the competitions’.

You warrant that the information you provide to Qwik Drop through ‘the applications’, ‘the services’, ‘the accounts’ or ‘the competitions’ is current, accurate and complete and you agree to keep the information accurate, complete and up to date.

You warrant that the payment card or the payment method you use is in your name or you have the permission of the payment card or account owner for its use on Qwik Drop.

You warrant that you will comply with all applicable laws when interacting with, accessing or using ‘the applications’, ‘the services’, ‘the accounts’ or ‘the competitions’ and that your use will only be for personal, non-commercial and lawful purposes.

 

Services

 

Qwik Drop’s websites, web applications and mobile applications ‘the applications’ connect individuals (customers), partner vendors (partner stores), non-partner vendors (non-partner stores) and independent contractors (couriers) to enable shopping, payments and delivery of products or items locally.

Products offered on ‘the applications’ by partner stores, products you request from non-partner stores, shopping services, courier services and delivery services (the services) are all provided by third-party providers – Partner Vendors, Non-partner Vendors and Couriers.

Qwik Drop only provides ‘the applications’ that facilitate ‘the services’ and payments between you and the third-party providers – the vendors and couriers.

Qwik Drop enables you, as a customer, to request and pay ‘couriers’ to pick up and deliver items locally. (Courier Order)

Qwik Drop enables you, as a customer, to order and pay for products offered by partner ‘vendors’ listed on ‘the applications’ to be delivered by ‘couriers’. (Partner Order)

Qwik Drop enables you, as a customer, to request and pay for delivery of products, offered by local stores not partnered with us, by ‘couriers’. (Custom Order)

Qwik Drop enables you, as a partner vendor, to list your store on ‘the applications’, provide your products and ‘the services’ to customers and request pick up of your products for delivery to customers by ‘the couriers’.

Qwik Drop enables you, as a courier, to provide courier and delivery services to customers and vendors by receiving, accepting and completing  the delivery orders.

You acknowledge that delivery requests or orders are reviewed, accepted and completed by independent service providers – vendors and couriers. Service providers may accept or reject your delivery order or request at their discretion. Qwik Drop is a digital platform that merely facilitates ‘the services’ and fulfilment of ‘the services’ is the responsibility of the service providers – vendors and couriers.

Types of goods or items that can be requested for purchase, pick up or delivery must be lawful and unrestricted. Qwik Drop reserves the right to review all delivery requests and orders placed on ‘the applications’ and amend or cancel requests or orders it deems to be in breach of the ‘Terms and Conditions’ set forth here or that are deemed incomplete, unreasonable, inappropriate, unauthorised, unlawful or illegal.

 

Access to Service

 

You as a customer must register and create an account with Qwik Drop to interact with or use ‘the applications’ or ‘the services’. You must provide your Name, Email, Mobile Number and Post Code to successfully register on Qwik Drop platform. When placing an order, you must provide a delivery address and payment card details. You must also allow access to your current mobile device GPS location which is required when using ‘the applications’ or ‘the services’. You agree that Qwik Drop may send you text messages (SMS) as part of your use of ‘the applications’ and ‘the services’. You acknowledge that if you opt-out of receiving the SMS, your use of service and your experience may be impacted.

You as an independent service provider (the courier) must provide us with your Full Name, Email, Mobile Number and ABN when signing up to provide courier services. For successful identity verification, you must provide an Australian Driver’s Licence showing your Picture, Name, Date of Birth and Australian Address. If you have an overseas ID (Passport and Driver’s Licence), you must provide us with an additional document to verify your address such a current utility bill in your name. You may be required to provide us with a Police Check and other documents as requested for successful registration enabling you to access ‘the applications’ to receive delivery orders. You must provide us with your vehicle details including vehicle type, make, model, year, colour and registration number or number plate. Your gps location from the registered mobile device will be used to send you orders or delivery requests. You agree that Qwik Drop may send you text messages (SMS) as part of your use of ‘the applications’ and ‘the services’. You acknowledge that if you opt-out of receiving the SMS, your use of service and your experience may be impacted. You must provide us with your Bank Account Name, BSB Number and Account Number for payments.

You as an independent service provider (the vendor) must provide us with your Full Name, Email, Mobile Number, Business Name, ABN and Business Address when signing up with Qwik Drop. For successful identity verification, you must provide an Australian Driver’s Licence showing your Picture, Name, Date of Birth and Australian Address. If you have an overseas ID (Passport and Driver’s Licence), you must provide us with an additional document to verify your address such a current utility bill in your name. You must provide us with your Bank Account Name, BSB Number and Account Number for payments.

You acknowledge that you are responsible for the costs of data (WIFI or Cellular), Call and SMS rates and fees.

You are responsible for all activity on your Qwik Drop account and liable to pay us for any orders on your account. You have the responsibility to protect your account against unauthorised use. You agree to maintain the security and secrecy of your account log in details at all times. You must notify Qwik Drop immediately if you suspect unauthorised use of your account.

You may only possess one Qwik Drop account and you warrant that you will maintain a single account to access and use ‘the applications’, ‘the services’, ‘the accounts’ or ‘the competitions’, unless permitted by Qwik Drop and service providers.

You must not contribute, post, publish, share, upload, or transfer any content or material to any part of the ‘applications’, ‘services’, ‘accounts’, ‘competitions’ or their users, which is deceptive in nature, defamatory of any person, obscene, threatening, abusive, offensive, hateful or inflammatory, sexually explicit, violent in nature or promotes violence, unlawful acts or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringes copyright or trademark, invades another’s privacy, considered impersonation of another person or misrepresents your identity or affiliation with Qwik Drop including impression that it emanates from Qwik Drop.

Qwik Drop may restrict you from accessing or using ‘the applications’, ‘the services’, or may suspend or cancel your account, order or competition entry immediately, without notice, in circumstances where there is a reasonable suspicion that you have or are likely to breach the Terms and Conditions set forth here or breach the Community Guidelines.

 

Availability of Service

 

Qwik Drop reserves the right to withdraw, amend or restrict access to some parts of  the ‘applications’ or the ‘services’ or entire ‘applications’ or ‘services’, without notice or liability to you.

Qwik Drop has operating hours that are specified in ‘the applications’ and access to or use of ‘the applications’ and ‘the services’ it facilitates may be restricted out of hours.

Qwik Drop operates in specific countries, cities, suburbs and post codes and access to or use of ‘the applications’ and ‘the services’ it facilitates may be restricted outside the service area.

Availability of, access to or uses of ‘the applications’, ‘the services’, ‘the accounts’ and ‘the competitions’ may be impacted by factors beyond the control of Qwik Drop and its third-party providers.

Partners stores, as independent service providers, control their availability for customer orders on ‘the applications’ and the availability may change at any time due to a number of factors.

Partner stores have control over the products they offer on ‘the applications’ and their prices. The availability of these products and their prices may change from time to time, without notice. The products and prices offered in ‘the applications’ by partner stores may be different from those listed in the physical store or elsewhere.

Partner stores set the prescribed delivery area and operating hours, which may change at any time due to a number of factors.

Non-partner stores control the products they offer, prices and their availability. Qwik Drop and couriers cannot guarantee that products you request for purchase and delivery will be available and cannot guarantee fulfilment of your request.

Couriers, as independent service providers, control their availability to fulfil orders, control their daily schedule, mode of transport, and whether to accept your order. Qwik Drop cannot guarantee that your delivery requests or orders will be accepted by couriers and fulfilled.

Partner stores or non-partner stores may use nuts, milk, eggs, shellfish, fish, wheat, gluten, soy, alcohol, pork, crustaceans or other allergens in preparation of their products, as part of their products or in the facility where their products are produced, packaged or stored.

You must contact the store directly prior to ordering if you have an allergy or have health concerns or carefully read product descriptions. Qwik Drop cannot guarantee that any products listed in ‘the applications’ or provided by third-party stores are free of allergens.

 

License and Ownership

 

Qwik Drop grants you a temporary, limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the website, web applications and iOS and Android mobile applications on your personal device solely for the purpose of accessing and using ‘the applications’, ‘the services’, ‘the accounts’ and ‘the competitions’ for personal, non-commercial use subject to the Terms. ‘The applications’, ‘the services’, ‘the accounts’, ‘the competitions’ and all rights therein are and will remain the property of Qwik Drop or its licensors and your use and access does not convey or grant to you any additional rights.

The technology powering the digital platform (websites, web applications and mobile applications) is Qwik Drop’s proprietary asset or property of third-parties. The business name ‘Qwik Drop’, its logo and brand style is a registered trademark. All content on ‘the applications’, all content generated through ‘the services’ and all content on ‘the accounts’ and ‘the competitions’ is copyrighted by Qwik Drop, its licensors or its service providers. Any rights not expressly granted in these Terms are reserved by Qwik Drop.

You may not remove, reproduce, modify, create variations, distribute, license, lease, sell, resell, transfer, publicly display or perform, transmit, stream, broadcast, reverse engineer, decompile, hack, mirror or frame, program, scrap, index, survey, data mine, access without authorisation or exploit in any way – any copyright, trademark or other proprietary assets from any part of ‘the applications’, ‘the services’, ‘the accounts’ and ‘the competitions’.

You will not use or reference in any manner, Qwik Drop’s company and brand names, logos, products, service names, service marks, trademarks or copyrights or those of Qwik Drop’s service providers or licensors.

 

 

User Liabilities

 

You are liable for all costs associated with the order you place using your account for the delivery of items to you, including product costs, purchase costs, delivery fees, service fee, shopping fee and transaction costs incurred by Qwik Drop, vendors and couriers on your behalf or for services provided to you under these Terms.

You acknowledge that you remain liable for all costs associated with the order if there is an issue with the payment or in case of non-payment by you. You agree that you are further liable for any chargeback fees, debt recovery fees, default interest to recover losses or court fees incurred by Qwik Drop for collecting payment for ‘the services’ provided to you.

If you are placing an order and you are not the recipient, or you are placing an order for someone else, you must mention the full name and contact of the recipient when placing the order. You are responsible for paying for all items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have placed an order for someone else.

You are responsible for the product details and quantities, estimated price, pick up and delivery address and store operating hours when placing a ‘Custom Order’. It is your responsibility to check the details of the order before submission and to maintain contact with your courier.

If you request delivery from a store which is closed, you remain liable for the delivery fees as courier followed your instructions and must be compensated. We may contact you to make a new arrangement at your cost.

A binding agreement is in place once the order is placed. All amendments and cancellations are at the discretion of Qwik Drop, vendors and couriers.

 

Prices and Fees

 

Qwik Drop’s pricing structure, charges and amounts thereof are intended to fully compensate the third-party providers – vendors and couriers.

Qwik Drop will notify you of the applicable charges for the use of ‘the applications’ or for ‘the services’ before you finalise the order – for courier and partner orders.

Prices of products offered by partner stores will be displayed in ‘the applications’ – on the product page, in the cart and on the checkout page.

For custom orders, prices of products offered by non-partner stores are unknown to Qwik Drop and the couriers. You are responsible for checking the prices of products you request through ‘Custom Orders’ and inform us of the expected or known cost when placing the order. Qwik Drop or the couriers will notify you of the final prices of products or the total cost of purchases at the time of pick up from store. You will have the choice of confirming the charges before completion of the delivery.

Qwik Drop may charge you a ‘delivery fee’ for your delivery requests or orders.

Qwik Drop may charge you a ‘service fee’ for ‘custom orders’ requesting items to be purchased on your behalf from non-partner stores. Service fee covers the transaction costs incurred by Qwik Drop and ‘the couriers’ when recovering the amount spent purchasing items for you.

Qwik Drop may charge you a ‘shopping fee’ for orders that are time consuming. You may be charged a ‘shopping fee’ if you 1) request purchase or pick up of a large number of items, 2) request fulfilment of a shopping list or 3) have requested an errand that is time consuming. Shopping fee is charged to compensate the couriers for the time spent on task.

Receipts of purchases made on your behalf will be provided to you by the courier where possible or you may request a receipt from us if you were not provided one at time of delivery provided Qwik Drop has access to the receipts.

Qwik Drop and partner stores may operate dynamic pricing from time to time, therefore, prices of products, delivery fees, service fees or shopping fees may change while you are browsing ‘the applications’.

Qwik Drop reserves the right and may from time to time, revise, establish or remove charges or fees for the use of ‘the applications’ or for the provision of ‘the services’ in its sole discretion.

You acknowledge and agree that partner and non-partner stores may from time to time, change the prices of their products at their discretion.

 

Payments

 

Qwik Drop’s ‘applications’ facilitate your payment of applicable charges for ‘the services’ you receive by the service providers (vendors or couriers) to them in a manner considered to be the same as payment made directly by you to the ‘service providers’.

When you add or save a debit or credit card (payment card) to your account on ‘the applications’, you authorise Qwik Drop and its third-party payments processor to verify the payment card details which may involve charging and refunding a small amount. Qwik Drop cannot at any point view your complete payment card details and the access is limited to creating applicable charges for ‘the services’ provided to you.

You authorise Qwik Drop to charge your saved or preferred payment card or payment card you provide, for all fees applicable when you make a delivery request or place an order for ‘the services’ you receive from Qwik Drop, vendors or the couriers. All fees are due immediately and Qwik Drop will charge you either when the order is placed by you or afterwards once all costs are known before delivery. If your preferred payment card is determined to expired, invalid or unable to be charges, you authorise Qwik Drop to charge another saved payment card in your account for ‘the services’ provided by vendors and couriers. Charges will be GST inclusive where GST applies. Charges and payments are final and non-refundable unless determined otherwise by Qwik Drop or required by the Australian Consumer Law. You will be provided with receipts for the charges and the payments by email.

You understand and agree that you are liable for all charges incurred on your account for ‘the services’ or other costs set under these Terms regardless of your awareness of such charges or the amounts thereof.

Your payment details are processed securely using 256-bit SSL encryption. ‘The applications’ are either SSL compliant or have standard security protocols.

All payments and payment cards are processed and stored by third-party companies – Stripe, Square or PayPal. The payment processes are PCI compliant.

 

Refunds

 

You, as a customer, have certain legal rights when you use ‘the applications’ or ‘the services’ under Australian Consumer Law (Consumer Rights). You have a legal right to receive goods which match their description, are of acceptable quality and comply with your specific requirements that Qwik Drop or the third-party providers agreed to before your order was finalised. These Terms apply in addition to the ‘consumer rights’ and do not replace them.

You understand and acknowledge that Qwik Drop merely facilitates the delivery of items you purchase directly or request to be purchased on your behalf from partner stores or non-partner stores by couriers and has no control over the quality of items you request or receive from third-party providers.

If you are unsatisfied with a product you had delivered from a store not listed on ‘the applications’ (Custom Orders), you must contact the store directly to resolve any issues and your rights are subject to such store’s Terms and Refund Policy.

If you are unsatisfied with a product you had delivered from a store listed on ‘the applications’, you must contact us as soon as possible to report the issue with details and supporting evidence such as description, photograph or video of the issue to substantiate your claim. We will review your report taking into account relevant factors including details of the order, your instructions, listed item descriptions, your account history, information from the store and couriers regarding the preparation and delivery and other relevant circumstances. If there is a failure, we will remedy it in accordance with your legal rights including an account credit or refund for the affected item or the delivery component. You have the right to request a lower charge or a refund from third-party providers for ‘the services’ or products you received according to the service provider’s Terms and Refund Policy.

If you are unsatisfied with the delivery service or there is an issue with ‘the applications’ or ‘the service’ that is directly attributable to Qwik Drop, partner stores or the couriers, you must contact us as soon as possible to report the issue with details and supporting evidence such as description, photograph or video of the issue to substantiate your claim. We will review your report taking into account relevant factors including details of the order, your instructions, your account history, information from the store and couriers regarding the delivery and other relevant circumstances. If there is a failure, we will remedy it in accordance with your legal rights including an account credit or refund for the affected item or the delivery component.

Qwik Drop aims to resolve the issues reported in a reasonable time but cannot guarantee resolution if circumstances have changed, there is a delay in reporting by you or you have not provided all information requested or sufficient evidence.

You may cancel an order at any time before the store has started preparation. If your order has been accepted by a store which has started the preparation, your order will incur a cancellation fee.

You may cancel an order at any time before the courier accepts it. If your order has been accepted by a courier, a cancellation fee will apply.

If Qwik Drop, vendors or couriers, cannot fulfil an order or delivery request, you will be refunded the full amount of all fees charged.

If an order you placed cannot be completed due to 1) lack of key information required 2) incomplete or incorrect contact details provided by you 3) incomplete or incorrect item information by you 4) your failure to communicate and maintain contact with the vendors or couriers 5) your failure to check store opening and closing times or whether items are in stock (Custom Orders) 6) lack of instructions or 7) your change of mind after an order is placed, 8) delaying or not collecting items at delivery, 9) not providing access to property or building required for delivery, 10) not picking up the phone when courier contacts you at delivery or 11) you fail to provide an ID for Age Restricted Products – any charges associated with the order may not be refunded if the service providers, vendors and couriers, have made reasonable efforts to fulfil your order and have allocated resources or incurred costs in fulfilling this order and you have caused the failure of delivery for any reason. Refunds are at Qwik Drop’s and service provider’s discretion. It is your responsibility to check the information you provide before placing an order as this is beyond the control and scope of Qwik Drop and the service providers.

You may cancel an order without charge if your order has been unreasonably delayed by a partner store or courier after it has been accepted and an estimated delivery time has been agreed. You may accept a new delivery time or cancel your order by contacting us.

There may be circumstances that prevent the timely fulfilment of your order or delivery. Factors such as traffic conditions, road closures, vehicle accidents or breakdowns, parking and accessibility issues or weather conditions can cause delays or prevent fulfilment. Qwik Drop will not be liable for compensation or losses due to delays or preventions caused by factors outside its or service provider’s control or due to actions of 3rdparties. Any refunds or compensation will be at Qwik Drop’s discretion on a case by case basis.

If the items you requested or the order you placed has been delivered or fulfilled, you will not be refunded, and all charges and payments are final.

These Terms do not waive your rights under Australian Consumer Law.

 

Promotional Codes or Vouchers

 

Qwik Drop may create and provide promotional codes or vouchers (Promo Codes) that may be redeemed for a discount on your delivery order, for account credit or for other benefits related to ‘the services’ and may be subject to additional terms established by Qwik Drop on a per ‘promo code’ basis including maximum number of uses and an expiry date. You agree that your use of ‘promo codes’ will be for the intended purposes in line with the Terms set forth here and the established terms of the specific ‘promo code’ and that you will not duplicate, transfer or sell the ‘promo codes’ in any manner.

Qwik Drop may disable or restrict the use of ‘promo codes’ at any time for any reason without any liability or may cancel or deduct the account credits or other benefits obtained through ‘promo codes’ in case Qwik Drop reasonably determines that the use or redemption of the ‘promo codes’ was in fraudulent, in error, illegal or was in a manner that breaches the applicable ‘promo codes’ terms or the Terms.

You acknowledge that ‘promo codes’ cannot be exchanged for cash and their availability is in Qwik Drop’s sole discretion.

 

Purchases

 

You may request or order purchase of items from local stores up to the value of $300. Your requests or orders of purchase of items costing more than $300 will be reviewed and acceptance of such request or order will be at Qwik Drop’s or service providers discretion.

For purchases with value greater than $300, you must transfer the funds via PAY ID to Qwik Drop bank account if the request has been accepted. Fund transfers must be received before purchases are made on your behalf. You may also be required to pre pay for the items and services if we deem your payment method risky.

You will be charged for items purchased on your behalf once the cost is known and items are delivered to You. Additionally, a 5% service fee applies to purchase amounts to recoup the transaction costs incurred by Qwik Drop in collecting the base cost.

You are responsible for ensuring you receive the receipts from couriers when your requested purchases are delivered to you.

Qwik Drop does not make any warranties or representations regarding the quality of items, services or products provided by third-parties.

For items purchased on your behalf, the contract of sale exists between you and the merchant / store where the items were purchased. For refunds, returns, exchange, faults, or warranty claims, you must contact the merchant directly.

You acknowledge that Qwik Drop merely facilitates the delivery of items you purchase directly or request to be purchased on your behalf from partner stores or non-partner stores by couriers and has no control over the quality of items you request or receive from third-party providers.

 

Changes to Order

 

You may request addition of new items to your active order or request additional services. You will be responsible to pay any associated fees with the additions.

You may request changes to your active order like change of delivery address, change of pick up location or store, changes to items requested, requesting substitute items or changes to instructions. Stores and couriers may accept or reject the request at their discretion. Additional charges may apply for accepted change requests.

 

Delivery Time Frame

 

When an order is placed and accepted by a partner store or courier, an estimated delivery time will be provided to you. You will be notified of updated delivery times as your order is prepared, picked up and on the way for delivery.

For most orders requesting ‘Delivery Now’, Partner stores and couriers aim to prepare and deliver your order with in 90 minutes when possible. For shopping orders from multiple stores (or locations) or for orders requesting purchases of a list of items, allow up to 180 minutes for delivery.

For ‘Deliver Later’ or ‘Schedule’ orders – you can schedule a delivery in advance by selecting a date and then a pick up or delivery time. In some cases, you will be allowed to select or specify a one hour delivery window. Pick up and delivery must be on the same day. It your responsibility to consider the nature of items such as perishables when selecting pick up and delivery times. Qwik Drop or couriers do not provide any storage services.

Service providers – vendors and couriers, endeavour to fulfil orders or delivery requests within the agreed time frame. However, if the order or delivery cannot be successfully fulfilled with in the originally agreed time frame, they may request or agree to arrange a new delivery time or you may request or agree to arrange a new delivery time. You may cancel an order if your order has been unreasonably delayed by a partner store or courier after it has been accepted and an estimated delivery time has been agreed.

Unfortunately, despite Qwik Drop’s or the service provider’s best efforts, there may be circumstances that prevent the timely fulfilment of your order or delivery. Factors such as traffic conditions, road closures, vehicle accidents or breakdowns, parking and accessibility issues or weather conditions.

‘The couriers’ will not break any road rules to deliver your items faster.

 

Collection of Items

 

You must be available to collect the order around the estimated delivery time. Generally, ten minutes before and after the estimated time is recommended.

Requested items will be delivered to the address provided by you. Couriers are not permitted by Qwik Drop to enter your premises under any circumstances (commercial premises are exempt). Qwik Drop will not be liable for any damage or loss to any property or for any injury or harm caused by a third-party provider. You are personally responsible if you invite or ask a courier to enter the property for any reason.

Couriers will make reasonable efforts to complete delivery of items such as 1) provide you with delivery updates in the app or through SMS, 2) contact you using the information you have provided 3) wait few minutes for collection by you or 4) leave the items in a safe location or as instructed by you.

Late collection fees may apply if you do not collect items when the courier arrives. A 5 minute grace period applies at collection provided you have successfully notified the courier of your delay or have requested the courier to wait. If uncollected after 5 minutes, the courier shall either leave items at the delivery address if there is a safe spot or hold on to the items at its discretion until further arrangements are made.

If you are unable to collect the items at the agreed location and time, you may request the courier to leave items at the delivery address at your own risk.

If you are unable to collect the items at the agreed location and time, you may request a new delivery time. Additional costs will apply for delivery. Storage fee may apply if the new delivery time falls on a different date. Uncollected or undelivered items may be destroyed after 30 days from last delivery attempt.

In some cases, the items may be returned to the store if 1) you were unreachable at the time of delivery, 2) you failed to provide an ID required for Age Restricted Products, 3) you failed to provide an ID as requested by Qwik Drop or the courier for any other reason or 4) payments received for the items or ‘the services’ have been disputed or charged back. You will be liable for the costs of return trip to the store but will be refunded for the items successfully returned. If the items are non-refundable, perishable or not accepted for return by store, you will be liable for the costs of the items and delivery as Qwik Drop and the service providers have already incurred the costs in fulfilling your order. You agree that you are further liable for any chargeback fees, debt recovery fees, default interest to recover losses or court fees incurred by Qwik Drop for collecting payment for ‘the services’ provided to you.

You may tip ‘the courier’ in cash at the time of delivery.

 

Title to Items

 

For purchases made on your behalf, title to the items is passed directly to you upon purchase from the store if you have either pre-paid for the items or have agreed to pay for the items before delivery in accordance with the Terms. If you fail to reimburse Qwik Drop the purchase amount before delivery or your payment has been charged back, Qwik Drop reserves the right to retain or reclaim the purchased items while in transit or from your possession or control even once they are delivered to you. Qwik Drop reserves the right to return, exchange, sell, transfer or keep the items. You remain liable for the cost of items, any costs associated with the order or delivery, any chargeback fees, debt recovery fees, default interest to recover losses or court fees incurred by Qwik Drop or the service provers in case of non-payment or charge back once the items have been delivered to you and not recovered.

 

Cover and Insurance

 

Qwik Drop does not provide any cover or insurance for your items and is not liable for any damages or losses relating to the delivery of your items.

You acknowledge that it is your responsibility to adequately insure your items. You bear the risk of loss, damage or deterioration of any items in transit including purchased items.

Third-party providers, ‘the couriers’, take due care in delivering your items safely to you. If your items are proven to be damaged or lost during the transit while in the possession of the courier and the courier is proven to be at fault and not a third-party or factors outside the control of the courier, you will be compensated by the responsible courier up to a maximum of $200 in total per order or up to the order amount or value, whichever is the lower amount.

 

Age Restricted Products

 

Age restricted products include, without limitation, alcohol, tobacco and cigarettes.

You must be 18 years or over with a valid form of ID to order and accept the delivery of alcohol, tobacco, cigarettes or any age restricted products.

Valid forms of ID include Australian or internationally issued Passport, Australian Driver’s Licence and Australian Proof of Age card.

You must upload a valid ID when requesting a delivery or placing an order on the website or mobile applications. If you fail to provide a valid ID, Qwik Drop may either cancel your order or request you to send a copy of the valid ID via email.

You must present a valid ID to the courier at the time of delivery before you can receive alcohol, tobacco or other age restricted products.

You must also provide a signed declaration with your name stating that you are 18 years or over.

Qwik Drop and ‘the couriers’ are required by law to keep a written record of ID details including the type of ID sighted, your name, date of birth and the delivery address in addition to the signed declaration for one year following the delivery.

If purchases have been made after successful ID verification at the time you placed the order or delivery request, but you fail to provide either the same ID or a valid ID of the recipient at time of delivery, the items will not be passed on to you and you will remain liable for the cost of items and all the fees associated with the order. The items may be returned to the store if they are refundable or if the store accepts returns. You will be liable for the cost of return trip and items that are non-refundable but will not be charged for items that were successfully returned.

Qwik Drop’s Privacy Policy applies. You may deny the ID request; however, you will not be able to use ‘the services’ to request delivery of alcohol, tobacco or any age restricted products.

The courier will refuse the delivery of alcohol if at the time of delivery the person collecting the alcohol is intoxicated.

Qwik Drop, store partners and couriers strictly follow responsibilities, guidelines, laws and regulation surrounding the sale, delivery and consumption of alcohol and tobacco products.

 

Disclaimer, Limitation of Liability and Indemnity

 

The disclaimer, limitations of liability or indemnity in the Terms do not intend to exclude or restrict liability or alter your rights as a consumer that cannot be excluded under Australian Consumer Law or under other applicable laws.

Qwik Drop acknowledges that for contracts for the supply of goods and services, Australian laws imply or impose statutory consumer guarantees, warranties and conditions that cannot be excluded.

 

DISCLAIMER

 

‘The applications’ and ‘the services’ are provided ‘as is’ and ‘as available’ and Qwik Drop disclaims any and all representations, guarantees and warranties, express, implied or statutory, not expressly set out in the ‘Terms’, including any implied warranties of merchantability, acceptability, fitness for a particular purpose and non-infringement, and makes no representation, warranty or guarantee regarding the availability, reliability, timeliness, completeness, correctness, accuracy, quality or suitability of the ‘applications’, or its contents, the ‘services’, or any services, products or items requested through ‘the applications’ or use of ‘the services’ or that the services will be uninterrupted or error-free.

Qwik Drop makes no representation, warranty or guarantee regarding the quality, suitability, safety or ability of ‘third-party providers’.

You agree that the entire risk arising out of your use of ‘the applications’, ‘the services’ or any services, products or items you request through your use of ‘the services’, remains solely with you, to the maximum extent permitted under applicable Australian Law.

 

LIMITATION OF LIABILITY

 

For products and services acquired as a consumer, to the extent permitted by law, any liability of Qwik Drop is limited to the re-supply of relevant products or services or payment of the cost of re-supplying the relevant products, services or their equivalent, in case of Qwik Drop’s failure to comply with a consumer guarantee.

Qwik Drop’s ‘applications’ may be used by you to request the products offered or shopping, courier and delivery services offered by third-party providers but you agree that Qwik Drop has no responsibility or liability to you related to any products or services provided to you by any third-party providers other than as expressly set forth in the Terms.

Qwik Drop shall not be liable to you or any other person for direct, indirect, incidental, special, exemplary, punitive or consequential losses or damages, including loss of profits, loss of revenues or savings, loss of business, other economic losses, loss of data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the ‘applications’ or the ‘services’, whether arising under contract, statute, tort, including negligence, or otherwise, even if Qwik Drop has been advised of the possibility of such damages.

Qwik Drop shall not be liable for any damages, liability or losses arising out of 1) your use of or reliance on the ‘applications’ or the ‘services’, 2)  your inability to access or use the ‘applications’ or the ‘services’, 3) any transaction or relationship between you and any third-party provider, even if Qwik Drop has been advised of the possibility of such damages.

Qwik Drop takes reasonable care to ensure that the information provided on the ‘applications’, ‘services’, ‘accounts’ and ‘competitions’ is accurate and up to date, however, it cannot be held liable for any errors or omissions or losses resulting from errors or omissions.

 

INDEMNITY

 

You agree to indemnify and hold Qwik Drop , its directors, officers, employees, agents and affiliates harmless from any and all claims, demands, losses, liabilities and expenses including attorney’s fees arising out of or in connections with 1) your use of ‘the applications’ or the ‘the services’ 2) services or goods obtained through your use of ‘the services’ 3) your breach of these terms or any violation, 4) our use of ‘user content’ or 5) your breach or violation of the rights of any third-party or third-party providers. Your liability under this clause shall be reduced proportionately if, and to the extent that, Qwik Drop directly caused or contributed to any such losses.

 

Arbitration and Governing Law

 

For dispute or conflict resolution, Qwik Drop has established a complaints process allowing you to make complaints, raise issues or make claims against Qwik Drop or third-party providers in connection with the Terms.

The Terms shall be governed by and construed in accordance with the laws of South Australia and you agree to submit to the non-exclusive jurisdiction of the courts of South Australia and the Commonwealth of Australia.  If a court decides that any particular part of the Terms is unenforceable, illegal or void, such part thereof shall to that extent be deemed not to form part of the Term but the rest of the Terms will remain in force and their legality, validity and enforceability shall remain unaffected.

Alternatively, final and binding arbitration can be pursued as agreed upon by the parties involved.

 

 

If you have questions regarding the terms of service or the privacy policy, please contact support@qwikdrop.com.au

 

 

Privacy Policy

 

This ‘Privacy Policy’ sets out how Qwik Drop collects, protects and uses the information of visitors, delivery recipients, couriers and partner stores.

Please read this policy carefully before 1) you register an account on Qwik Drop’s websites, web applications and mobile application 2) you place an order or use any of the products or services provided by Qwik Drop and third-party providers and 3) you engage with Qwik Drop’s social media pages, our competitions and our content or 4) you sign up with Qwik Drop to provide courier services or offer your products or services to users as third-party providers.

 

We respect your privacy

 

Qwik Drop respects your right to privacy and is committed to safeguarding the privacy of all visitors, delivery recipients, couriers and partner stores. We adhere to the Australian Privacy Principles stipulated in the Privacy Act 1988 (Cth).

 

Your agreement

 

Your interactions with, access to, use of, or supply of any information to, the Qwik Drop’s websites, web applications and mobile applications (the applications), the products offered or shopping, courier and delivery services offered by third-party providers (the services), Qwik Drop’s online accounts, social media pages and its content (the accounts) and its online promotions, giveaways, promo codes and competitions (the competitions) – are governed by this ‘Privacy Policy’.

Your interactions with, access to, use of, or supply of any information to, the ‘applications’, ‘services’, ‘accounts’ and ‘competitions’ constitutes your 1) acceptance of this ‘Privacy Policy’, 2) agreement to the practices set out in this ‘Privacy Policy’ and 3) consent to the collection, storage, use and disclosure of your information as set out in this ‘Privacy Policy’.

This ‘Privacy Policy’ also applies to those whose information Qwik Drop receives in connection with its ‘application’, ‘services’, ‘accounts’ and ‘competitions’, such as recipients other than you, of orders you place or deliveries you request or users requesting services for or on your behalf.

This ‘Privacy Policy’ may be revised by Qwik Drop, from time to time and will be effective immediately once published.  Qwik Drop will provide you with at least 14 days written notice in the event of a material change to any part of the policy that would detrimentally affect your rights. You agree that your continued interactions with, access to, use of, or supply of any information to, the ‘applications’, ‘services’,  ‘accounts’ and ‘competitions’, after any revisions, constitutes your 1) acceptance of this ‘Privacy Policy’, 2) agreement to the practices set out in this ‘Privacy Policy’ and 3) consent to the collection, use and disclosure of your information as set out in this ‘Privacy Policy’.

Qwik Drop takes care to ensure that the information provided is accurate and up to date, however, we cannot be held liable for any errors or omissions or losses or damages resulting from errors or omissions.

 

Information that you provide

 

The information may be provided by visitors, order or delivery recipients, third-party providers such as couriers and partner stores or generated through their use of our applications, services, accounts and competitions.

Qwik Drop will receive and store any information you enter onto its 1) websites, web applications or mobile applications (applications), 2) product pages, service request pages, order pages, check out pages or similar (services), 3) online accounts, chat pages, social media pages, review or feedback pages, content pages and posts (accounts), 4) competitions, promotions or giveaway entry pages or forms (competitions), or information you provide in your emails to us, in your text messages to couriers or give to us in other forms or you provide to us directly through other channels, third-party services, Qwik Drop APIs or affiliate channels.

The information you provide may be personal information such as your name, mobile number, home or business address, email address, profile picture or photographs, date of birth, identity documents, signature, payment information such as bank account, debit or credit card information, login name and password, information about your personal or business affairs or information about your business operations and financials, ABN, GST registration, driver’s licence or passport information, police check document or information about your vehicle such as make, model, colour, registration and insurance.

You may also provide us with non-personal information that you enter when using Qwik Drop’s applications, services, accounts or competitions such as content submissions or contributions, order instructions, communication with support team or couriers, store or courier ratings and compliments, responses to surveys or feedback, information in connection with a claim or dispute or recordings of customer support calls stored with your consent.

 

Information that we collect

 

Qwik Drop requires access to your device’s precise or approximate location for your access to or use of our applications and services as a delivery recipient, courier or partner store. Depending on your device permissions and application settings, location may be determined through GPS, WiFi or IP address data. Location information may be collected when applications are running in the foreground (iOS app is open and on screen) or in the background (Android app is open but not on the screen) of your device. Delivery recipients may be able to access or use Qwik Drop’s applications and services without enabling or permitting access to location services but this will affect your experience as some functionality may be limited or unavailable.

Qwik Drop collects transactional information related to your account, use of our applications and services, types of orders you place or deliveries you request, order details, delivery information, instructions you provide, date and time the service was provided, order amounts and service fees, payment details or promo codes used or shared.

Qwik Drop enables consumers and third-party providers – couriers and stores, to connect and communicate with each other through Qwik Drop’s applications, services or accounts. Contact information of each party is collected, stored, used or shared to enable this communication. For instance, delivery recipients can call or text their courier or store for the order and vice versa. In some cases, this feature may be enabled without disclosing contact numbers to each other by using a third-party private communication service.

Qwik Drop may collect information about how you interact and use our applications, services, account and competitions. This information may include dates and times of access or use, products, pages or features viewed, app crashes, web or app errors, system activity, third-party websites or services you were using before accessing our applications or your browsing pattern when interacting with our applications. In some cases, this information may be collected by creating and maintaining unique identifiers through cookies, pixels, tags, or other similar technologies.

Qwik Drop may collect information about the device you use to access and interact with our applications and services. This information may include type of device, hardware models, its operating system, browser used, device IP address, software, files name and versions, language, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information.

Qwik Drop may receive your information through third-party channels, service providers, affiliates, public domains or marketing and social media services.

 

Use of your information

 

Qwik Drop may use any information you provide, it collects from you, or receives from other sources, to provide, personalise, maintain and improve the applications, services, accounts and competitions.

Qwik Drop uses the information to create and maintain your account, verify your identity, enable access to our services or products and services offered by third-party providers, process your orders or delivery requests, process and facilitate payments for the services, to track the progress of your order or delivery, enable features available on the applications, enable accessibility features, provide customer support services, investigate or address claims or disputes, and perform internal operations necessary to provide our application and services including research and product development, data analysis, testing, analysing usage and activity trends, fixing operational problems, troubleshooting bugs, improving and enhancing safety and security of our applications and services or develop new features and products.

Qwik Drop takes security and integrity of its applications and the safety of its users seriously and uses any information you provide, it collects from you, or receives from other sources, to identify you as a user or delivery recipient, identify you as a courier and verify your information, identify you as a business owner and verify your business details, detect and prevent fraud or illegal activity including payments fraud, or review your account or your access to our applications for any breaches of Terms of Service.

Qwik Drop uses the information to enable connection and communication between users – delivery recipients, couriers or partner stores. Contact information may be shared between you and third-party service providers so that couriers or stores may contact you or you may contact your courier or the store regarding your order. In some cases, this communication may be enabled without disclosing contact numbers to each other by using a third-party private communication service.

Qwik Drop may use the information to communicate with you about your account and orders, its products or services, updates, events, promotions, competitions, contests, sweepstakes, special deals, surveys and news. Qwik Drop may also serve you relevant ads and content about its products or services or those provided by third-parties or partners, through multiple channels including emails, calls, SMS text messages, facebook and instagram messages.

Qwik Drop may use any information you provide, it collects from you, or receives from other sources, to investigate fraud, disputes, breach of Terms or contracts or use in legal proceedings as allowed by applicable law or as requested by regulators, government agencies or entities.

 

Disclosure of your information

 

Qwik Drop may share or disclose some information you provide, it collects from you, or receives from other sources, to other users – delivery recipients, couriers, stores or other service providers, as required by some products, services and application features. For instance, sharing your name, address, contact number and address with couriers and stores to fulfil your order or sharing your contact number or device location with third-party services to provide you with order tracking or order updates, or sharing your card payment details with third-party payments services to capture charges for the services.

Qwik Drop, at your request, may share or disclose some information you provide, it collects from you, or receives from other sources, to its subsidiaries, affiliates, business partners or third-party providers including payment processors, credit reporting agencies, police check providers, cloud storage or server providers, marketing partners and platforms, data analytics providers, research partners, technology and security vendors, professionals providing legal, financial or consultancy services, logistics and fleet partners, insurance and financing partners, sales agents, suppliers, store partners or courier contractors and subcontractors.

Qwik Drop, after a notice to you, may share some information you provide, it collects from you, or receives from other sources, on public domains. For instance, your communications and content contributions on our blogs, social media pages and other public forums may be viewable by the general public.

Any sharing or disclosure of information would be in accordance with this Policy insofar as reasonably necessary for the purposes of providing information, products, services or marketing to users or for other purposes set out in this Policy. Where Qwik Drop shares or discloses your information to third-parties, it will request that the third-parties follow this Policy regarding handling your information.

Qwik Drop may, from time to time, need to disclose your information to regulatory authorities, enforcement agencies or courts, in order to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

Qwik Drop may also use, share or disclose your information to protect the copyrights, trademarks, legal rights, properties, or digital assets of Qwik Drop or its business partners or for the security and integrity of Qwik Drop’s applications or of its business partners.

Any information that you provide, Qwik Drop collects from you, or receives from other sources, may from time to time, be stored in, processed in or transferred between locations in Australia and globally.

Qwik Drop’s officers, management and employees will have access to the information you provide, it collects from you, or receives from other sources.

In case there is a change of control or ownership in Qwik Drop’s businesses or a sale or transfer of business assets, Qwik Drop reserves the right to transfer, to the extent permissible by law, our user databases, including any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser or investor under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

 

Sensitive Information

 

Under the Australian Privacy Principles, sensitive information, a sub-set of personal information, is given a higher level of protection. Sensitive information relates to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

Qwik Drop collects Police checks, credit reports and criminal records from couriers, partner stores and business partners. This sensitive information may be used and disclosed to provide services for a purpose that is directly related to the primary purpose for which the sensitive information was collected. Sensitive information may also be used or disclosed if required or authorised by law.

 

Security of your information

 

Qwik Drop is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, Qwik Drop has in place suitable physical, electronic and managerial procedures as well as cyber security technologies to safeguard and secure the information and protect it from misuse, interference, loss, unauthorised access, modification and disclosure.

Although Qwik Drop takes measures to safeguard against unauthorised disclosures of information, the transmission and exchange of information is carried out at your own risk. Qwik Drop cannot reasonably guarantee the security of any information that you transmit to us, or receive from us and it cannot assure you that personal information that is collected will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

Cookies

 

Qwik Drop uses cookies and other unique identifier technologies on our websites, mobile applications, online media and advertisements. Cookies are very small text files that are stored on your browser or device to identify or authenticate users, save user preferences and settings, determine content popularity and engagement, serve relevant advertisements through third-party services including Google Adwords, Facebook Ads, Bing Ads or iAd, measure the the effectiveness of advertising campaigns, analyse web and app traffic, analyse online behaviours and trends, determine interests of users or help us provide better user experience. Most web browsers or devices automatically accept cookies but you can choose to reject cookies by changing your browser or device settings. However, this may prevent you from accessing or using some functions of the applications.

Qwik Drop’s third-party service providers also use cookies and other unique identifier technologies to provide analytical services, serve advertisements on our

Qwik Drop’s websites, web applications, mobile applications, blogs, content pages, social media pages, competitions or other channels, may have links to other websites, web pages, social pages or apps, not related, affiliated, owned or controlled by us. Links to third parties do not constitute Qwik Drop’s sponsorship or endorsement or approval. Please be aware that Qwik Drop is not responsible for the privacy practises of third parties. We encourage users to read the privacy policies of each and every third-party whose websites, web pages, social pages or apps they access, interact with or use.

 

Your rights to information

 

You may request details of the information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of this information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@qwikdrop.com.au

Qwik Drop reserves the right to deny information requests in certain circumstances set out in the Privacy Act.

 

Complaints about privacy

 

If you have any complaints about Qwik Drop’s privacy practices, please feel free to send in the details of your complaints to support@qwikdrop.com.au