Terms of Service

The Giving Goods Delivery Co Commercial Service Agreement Effective Date: October 2025 Last Updated: October 7, 2025

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1. Service Agreement

This Terms of Service agreement ("Agreement") is entered into between The Giving Goods Delivery Co ("we," "us," "Company") and you ("Client," "you," "your") upon your acceptance during account registration. This Agreement governs the commercial relationship and delivery services provided.

By submitting a delivery order, you accept and agree to be bound by this Agreement.

2. Services Provided

2.1 Delivery Services

We provide refrigerated delivery services across 104 postcodes in Perth, Western Australia, on Tuesdays and Wednesdays.

2.2 Service Features

• Temperature-controlled vehicles suitable for fresh produce, flowers, and perishables
• GPS tracking for all deliveries
• Photo proof of delivery
• Online portal for order submission and tracking
• Optional Xero accounting integration for automated invoicing

2.3 Service Availability

Services are available Tuesday and Wednesday only. We do not operate on public holidays. If a delivery day falls on a public holiday, deliveries will be rescheduled to the next available delivery day.

3. Pricing and Payment Terms

3.1 Standard Pricing (All New Clients)

$15.50 + GST per delivery

• "Per delivery" means one package or collection of items delivered to one recipient address.
• GST (Goods and Services Tax) is calculated at 10% and added to the base rate.
• Total per delivery: $17.05 (inclusive of GST)

3.2 Invoicing

• Invoice Timing: Invoices are issued automatically upon submission of each delivery batch.
• Invoice Method: Invoices are generated through Xero accounting software.
• Invoice Delivery: You will receive an email notification when each invoice is issued.

3.3 Payment Terms

• Payment Method: Direct deposit / bank transfer to our nominated business bank account.
• Payment Due Date: Payment is due upfront before delivery service is provided.
• Bank Details: Provided on each invoice.

3.4 Late Payment

• Services will not be provided until payment is received.
• If you have an outstanding invoice, your account may be suspended until payment is made.
• We reserve the right to charge interest on overdue accounts at a rate of 2% per month.
• We may engage debt collection services for accounts overdue by more than 60 days. You will be responsible for any collection costs.

3.5 Disputed Charges

If you dispute a charge:

• Notify us in writing within 7 days of the invoice date.
• Provide details of the disputed items.
• Payment of undisputed amounts must still be made by the due date.
• We will investigate and respond within 14 business days.

3.6 Volume Pricing

For businesses requiring 100+ deliveries per week, custom pricing may be available. Contact info@thegivinggoodsdeliveryco.com.au to discuss volume discounts.

4. Delivery Zones and Coverage

4.1 Coverage Area

We service 104 postcodes across Perth, Western Australia. A full list of serviceable postcodes is available on our website and in your client portal.

4.2 Delivery Zones

Each postcode is assigned to either:

• Tuesday Zone, or
• Wednesday Zone

4.3 Multi-Zone Clients

You may submit deliveries to postcodes in BOTH Tuesday and Wednesday zones. There is no restriction on using both delivery days if your business requires it.

4.4 Out-of-Zone Deliveries

We do not accept deliveries to postcodes outside our 104 serviceable postcodes. Requests for deliveries to unlisted postcodes will be declined.

5. Delivery Submission and Deadlines

5.1 Submission Methods

You may submit deliveries via:

• Online portal (paste text, upload CSV/Excel, Shopify link)
• API integration (available for high-volume clients)

5.2 Submission Deadlines

• Same-Day Delivery: Submit by 7:00 AM on the delivery day (Tuesday or Wednesday).
• Recommended: Submit the day before delivery to guarantee capacity.
• Late Submissions: Orders submitted after 7:00 AM may not be delivered until the following week.

5.3 Order Confirmation

Upon submission, you will receive:

• Immediate confirmation that your order was received.
• Email confirmation with delivery details.
• Automated Xero contact creation (if this is your first delivery).
• An invoice issued through Xero.

6. Delivery Requirements

6.1 Information Accuracy

You are responsible for providing accurate delivery information:

• Recipient name
• Delivery address (must be within our serviceable postcodes)
• Phone number (must be current and correct)
• Delivery instructions (e.g., gate codes, specific locations)

6.2 Incomplete or Incorrect Information

If delivery information is incomplete or incorrect:

• We will attempt delivery based on the information provided.
• If delivery cannot be completed, the item will be returned, and you will still be charged the delivery fee.
• Re-delivery requires submission of a new delivery order and incurs an additional delivery fee.

6.3 Package Requirements

• Items must be suitably packaged for refrigerated transport.
• Maximum weight per delivery: 25kg.
• Maximum dimensions: 60cm x 40cm x 40cm.
• Fragile items must be clearly labeled.

6.4 Prohibited Items

We do not deliver:

• Illegal or prohibited goods
• Hazardous materials
• Live animals (except insects for agricultural purposes with prior approval)
• Items valued over $1,000 (unless insurance is arranged)
• Perishable items requiring specific temperatures outside our standard refrigeration range (2-8°C)

7. Delivery Process

7.1 Delivery Attempts

• We make one delivery attempt per order.
• If the recipient is not available, the driver will:

- Attempt to contact the recipient via phone.

- Leave a calling card (if safe to do so).

- Take a photo and GPS location as proof of attempted delivery.

7.2 Unattended Delivery

If delivery instructions permit (e.g., "leave at front door"):

• The driver will leave the package in the specified location.
• A photo will be taken as proof of delivery.
• We are not liable for items left unattended at your instruction.

7.3 Failed Deliveries

If delivery cannot be completed due to:

• Incorrect address
• Recipient unavailable and no safe-drop location
• Access issues (e.g., locked gate, no access code provided)

The item will be returned to our depot. You will be charged the full delivery fee. Re-delivery requires a new order submission and additional fee.

7.4 Proof of Delivery

For every delivery, we provide:

• GPS coordinates of delivery location
• Photo of delivery (package at door or handed to recipient)
• Timestamp of delivery
• Recipient signature (if applicable)

8. Liability and Insurance

8.1 Our Liability

To the maximum extent permitted by law:

• Our total liability for any single delivery is limited to $100.
• Our total liability to you in any 12-month period is limited to the total fees you paid us in that period.

8.2 We Are Not Liable For:

• Damage to goods caused by inadequate packaging.
• Spoilage of goods that were not suitable for refrigerated transport.
• Loss or damage resulting from incorrect delivery information you provided.
• Theft or damage to items left unattended at your instruction.
• Delays caused by traffic, weather, or circumstances beyond our control.

8.3 Temperature Control

While we maintain refrigerated vehicles at 2-8°C:

• We do not guarantee specific temperatures for individual items.
• We are not liable for spoilage if items require temperatures outside our standard range.
• You are responsible for ensuring your items are suitable for our standard refrigeration conditions.

8.4 High-Value Items

For items valued over $100:

• Notify us at the time of order submission.
• Additional insurance may be available at an additional cost.
• Without prior notification, our liability is limited to $100 per delivery.

8.5 Third-Party Claims

You agree to indemnify us against any claims by third parties (including delivery recipients) arising from:

• Defective or dangerous goods you sent.
• Incorrect or misleading information you provided.
• Your breach of this Agreement.

9. Cancellations and Changes

9.1 Cancellation by You

• Cancellations must be submitted via the portal or email.
• Before 7:00 AM on delivery day: Full refund, no charge.
• After 7:00 AM on delivery day: 50% charge ($6.25 + GST per delivery).
• After driver has collected items: Full charge, no refund.

9.2 Changes to Delivery Details

• Changes must be submitted via the portal or email.
• Before 7:00 AM on delivery day: Changes accepted at no charge.
• After 7:00 AM on delivery day: Changes may not be possible. If we can accommodate changes, a $5.00 + GST change fee applies per delivery.

9.3 Cancellation by Us

We reserve the right to cancel or reschedule deliveries due to:

• Public holidays
• Extreme weather conditions
• Vehicle breakdown or driver unavailability
• Circumstances beyond our control (force majeure)

If we cancel a delivery, you will not be charged. We are not liable for any consequential losses.

10. Xero Integration

10.1 Automatic Contact Creation

When you submit your first delivery:

• We automatically create a contact record for your business in Xero.
• This contact will be used for all future invoicing.

10.2 Authorization

By submitting your first delivery, you authorize us to:

• Create a Xero contact record using your business information.
• Issue invoices to your business via Xero.
• Access invoice payment status updates.

10.3 Xero Account Connection (Optional)

You may optionally connect your own Xero account:

• This allows us to create invoices directly in your Xero account.
• You must authorize the connection via Xero OAuth.
• You may disconnect at any time.

11. Data and Privacy

Your personal and business information is handled in accordance with our Privacy Policy and the Australian Privacy Act 1988 (Cth). By using our services, you consent to:

• Collection of delivery information (recipient names, addresses, phone numbers).
• Use of your business information for invoicing and account management.
• Storage of delivery data for record-keeping and compliance purposes.

12. Confidentiality

12.1 Our Obligations

We will keep confidential:

• Your business information
• Your customer/recipient information
• Your delivery volumes and patterns

We will not disclose this information except:

• As required by law
• To our drivers (limited information necessary to complete deliveries)
• To service providers bound by confidentiality obligations

12.2 Your Obligations

You must not:

• Share your account credentials with unauthorized persons.
• Use our services to send unsolicited or unwanted items to recipients.
• Misrepresent your business or the nature of the goods being delivered.

13. Force Majeure

We are not liable for delays or failures to perform due to circumstances beyond our reasonable control, including:

• Natural disasters (floods, fires, storms)
• Pandemics or health emergencies
• Government actions or restrictions
• Labor strikes or disputes
• Failure of essential utilities or telecommunications

14. Termination

14.1 Termination by You

You may terminate this Agreement at any time by:

• Contacting us at info@thegivinggoodsdeliveryco.com.au
• Closing your account via the portal

You remain responsible for payment of all outstanding invoices.

14.2 Termination by Us

We may terminate this Agreement immediately if:

• You fail to pay invoices by the due date (after reasonable notice).
• You breach any material term of this Agreement.
• You provide false or misleading information.
• You engage in fraudulent or illegal activity.

We may also terminate with 30 days' written notice for any reason.

14.3 Effect of Termination

Upon termination:

• Your access to the portal will be disabled.
• You must pay all outstanding invoices within 7 days.
• We will retain your data as required by law (minimum 7 years for tax records).

15. Dispute Resolution

15.1 Good Faith Negotiation

Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation.

15.2 Mediation

If negotiation fails, either party may refer the dispute to mediation administered by the Resolution Institute.

15.3 Jurisdiction

This Agreement is governed by the laws of Western Australia, Australia. The courts of Western Australia have exclusive jurisdiction over disputes arising from this Agreement.

16. General Terms

16.1 Entire Agreement

This Agreement, together with our Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and The Giving Goods Delivery Co.

16.2 Amendments

We may amend this Agreement at any time by providing 30 days' notice via email or the portal. Continued use of our services after the notice period constitutes acceptance of the amended Agreement.

16.3 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our written consent. We may assign this Agreement to a successor or acquirer of our business.

16.4 Waiver

Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision or our right to enforce it in the future.

16.5 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

16.6 Notices

All notices under this Agreement must be sent to:

• Email: info@thegivinggoodsdeliveryco.com.au
• Notices are deemed received 24 hours after sending.

17. Acceptance

By submitting your first delivery order, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service agreement.

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Contact Information

The Giving Goods Delivery Co

Email: info@thegivinggoodsdeliveryco.com.au

Website: thegivinggoodsdeliveryco.com.au

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Document Version: 1.0 Last Updated: October 7, 2025 Effective Date: October 2025