1. The Service and Agreement
   1. What it is: DeliverMe provides an internet-based Platform and Booking App that connects you, a Subscriber, with franchised Drivers (Franchisees) for point-to-point transport and delivery services.
   2. Acceptance: By using the service, you confirm you have read and agree to these T&Cs. If you are using the service for a company, you guarantee you have the authority to bind that entity and that any authorised Guests also agree.
   3. Changes: DML can change these T&Cs at any time by posting updates on the DeliverMe Website or App. Your continued use of the service means you accept those changes.
2. Definitions
   1. The following terms have the meanings set out below when used in these Terms and Conditions (T&Cs):
      "Deliver Me Limited (DML) / The Franchisor" The company that owns all rights, title, and interest in the 'DeliverMe' trademark, the Products (Platform, Software, App), Services, Processes, data, and content. This is the entity that you, as the Subscriber, have a binding agreement with.
      "Franchisee / Driver" The franchised individual or entity that provides the actual point-to-point transport and delivery services to you. They are independent contractors and are not considered agents, employees, or staff of DML.
      "Subscriber / You" The individual who has registered on the DeliverMe Platform and agreed to these T&Cs to use the DeliverMe Products and Services.
      "Application" or "App" means software that is made available as a website or for download, by DML on a digital device (like a mobile phone or tablet).
      "Booking App" is the Application used to make bookings for Services.
      "Platform" means an internet based website, webpage or portal that uses software to create and manage subscription accounts and provide other content or information, that DML owns, operates, or otherwise makes available to subscribers for the purpose of booking services and providing information or content.
      "Processes" means a series of actions or steps taken in order to deliver Products or Services or the way in which Products or Services are organised, presented, or delivered.
      "Products" means the Platform, Software, or Application of the Franchisor.
      "Services" The point-to-point transport and delivery services offered to Subscribers through the DeliverMe Platform.
      "Local Service Area" The selected local geographic area, defined during account setup, within which a Subscriber is entitled to unlimited personal transport or small goods delivery.
      "Fair Use Policy" The policy that grants DML the right to monitor account usage, adjust subscription fees, or suspend/cancel an account if a Subscriber's usage is deemed excessive (e.g., booking excessively or cancelling rides at very short notice).
3. Intellectual Property and Usage
   1. Ownership: DML owns all rights, title, and interest in the 'DeliverMe' trademark, the Products (Platform, Software, App), Services, Processes, data, and content.
   2. No Rights Conferred: These T&Cs do not give you any ownership rights to DML's intellectual property.
   3. Permitted Use: You may only use the data and content on the DeliverMe Products for managing your account or purchasing Services.
   4. Restrictions: You may not copy, reproduce, distribute, modify, or commercially exploit any part of the DeliverMe Products, Services, or Processes without DML's prior written consent. This includes no data mining, scraping, decompiling, or reverse engineering the software.
4. Your Promises and Responsibilities
   1. By using DeliverMe, you promise and warrant that you will:
      • Be at least 18 years old or use the service with consent from a parent/caregiver who is over 18.
      • Provide DML with true, accurate, and complete information at all times, and keep it updated.
      • Keep your account password secure and confidential.
      • Not let others use your subscription or transfer your account.
      • Only use DeliverMe Products and Services for their intended and lawful purposes.
      • Not disrupt, impair, or harm the Products or Services in any way (e.g., no viruses, unauthorised access attempts, or excessive server requests).
      • Be subject to DeliverMe's Privacy Notices or Policies.
      • Take full responsibility and liability for any loss or damage you cause by breaching these T&Cs.
5. Complaints and Disclaimer
   1. Complaints about Services (Driver): Must first be sent by email to the Franchisee. If unresolved, report it to www.deliverme.co/feedback.
   2. Complaints about Products (App/Platform): Should be reported to the Franchisor via www.deliverme.co/feedback.
   3. Driver Status:Drivers are not agents, employees, or staff of DML. DML is not responsible for any acts or omissions of any Driver.
6. Limitation of Liability and Indemnification
   1. DML is not liable for indirect losses: DML and its Franchisees will not be liable for any loss of profits, contract, or any special, indirect, or consequential damages.
   2. DML is not liable for service issues: DML is not responsible for damages or losses due to the use, misuse, interruption, suspension, or termination of the service (including system failures or network attacks).
   3. No liability for Driver actions: DML will not be held responsible for the acts or inactions of any Franchisee, including:
      • Timely departure or arrival.
      • The conduct of Drivers or the condition of their vehicle.
      • Cancellation of a trip/booking.
      • Changing of pick-up/drop-off points.
   4. Your responsibility for compliance: You are responsible for any sanctions, penalties, and fines resulting from your failure to comply with applicable laws and regulations.
   5. Maximum Liability: Without prejudice to any other provision of these T&Cs (including Notices or Policies) DML's total liability for any claim arising from these T&Cs is limited to the lower of NZ$1,000.00 or the total amount you paid to DML over the past 12 months (if any).
   6. Indemnification: You agree to protect (indemnify) DML, its personnel, and every Franchisee from any claims, costs, damages, or expenses (including legal fees) that arise because of your use or misuse of the service or your violation of these T&Cs or any law.
7. Disclaimer of Warranties
   1. No Guarantees: DML makes no representations or warranties, express or implied, regarding its Products, Services, or Processes. DML does not guarantee that the information or content is accurate, complete, or up-to-date.

Part B: Scope of Service

8. Unlimited Local Transport and Delivery
   1. Subscribers are entitled to unlimited personal transport or small goods delivery within their selected Local Service Area.
   2. This "unlimited" usage is subject to the "Fair Use" policy (see section 10).
   3. Your Service Area is defined during account setup and can be found on the map available on the DeliverMe Platform.
9. Extra Fees for Travel Outside the Local Area
   1. Travel outside your local Service Area is allowed at the discretion of the Franchisee/Driver and requires an "add-on" fare.
   2. The Driver can refuse to provide service outside your local area at any time.
   3. The price for "add-on" fares is displayed on the relevant Local Service Area webpage (www.deliverme.co/locations).
   4. Payment for these fares can be made with cash (at the Driver's discretion), bank card, or PayApp (if available).
10. Fair Use Policy
    1. DeliverMe has a "fair use" policy.
    2. Your account may be suspended or canceled if:
       • You book excessively and/or regularly cancel rides at short notice.
       • The Franchisor decides your behavior negatively affects other customers' access to the service.
    3. You will be notified of a breach by email or text message, and your account will only be suspended if you do not immediately change your behavior. A notice is considered received one hour after it is sent.
11. Non-Exclusive Service
    1. Your transport or delivery is not guaranteed to be exclusive. Multiple customers may use the vehicle at the same time.
12. Approved Cargo
    1. Small goods (including food packages) or luggage are permitted, provided there is available space in the vehicle.
    2. Cargo items must weigh less than 20kg, but there may be multiple cargo items.
    3. The Driver has the final say and can refuse to carry any cargo for any reason.
13. How to Book
    1. All transportation or delivery services must be booked through the Booking App or by telephone, before use.
    2. The Booking App is available on the Deliverme platform and will be available from App Stores.
14. ID Requirement
    1. You may be asked to provide proof of identity to use DeliverMe Services.
    2. If you refuse or fail to provide acceptable ID when requested by the Driver, they may deny you service.
15. Denial of Service
    1. You must not break the law or put other customers or the Driver at risk of harm or discomfort.
    2. A Driver can refuse you (or your cargo) access to a vehicle, and may cancel your subscription if:
       • Safety is threatened: This includes being under the influence of alcohol or drugs, being violent, causing a nuisance, damaging property, transporting illegal or hazardous materials, or introducing noxious smells.
       • The number of occupants exceeds the vehicle’s legal limit.
       • The vehicle is likely to be damaged.
       • You fail to provide acceptable identification when requested.

Part C: Fees and charges

16. Subscription fees and payment
    1. Currency: All payments for DeliverMe services are in New Zealand dollars (NZD).
    2. Payment Term: Subscription fees are paid in advance for the agreed-upon service period.
    3. Expiration: Access to services expires when the subscription period ends, is cancelled, or if the subscription fee is not paid by the due date.
    4. Non-Refundable: Subscription fees are generally non-refundable. You will not receive a refund if you pay for the service but do not use it during the selected period.
    5. Fee Changes: DeliverMe may change its fees and charges. Subscribers will be notified by email at least twenty-eight (28) days (4 weeks) before any fee increase.
17. No cancellation fees
    1. Currency: You will not be charged a cancellation fee if you cancel a booking (this is subject to the "Fair Use" policy).
18. Repair or cleaning fees
    1. Responsibility: You are responsible for the cost of repair for damage or necessary cleaning of a DeliverMe vehicle that is beyond normal wear and tear.
    2. Soiling Fee: The Franchisee can charge a non-refundable 'soiling fee' of NZ$350.00 using your designated payment method for the reasonable cost of repair or cleaning.
19. Taxes
    1. All listed fees and charges already include applicable taxes, levies, and duties, including GST.
20. Refunds
    1. These Terms do not override your rights as a consumer, including your right to a refund or other remedies, under the New Zealand Consumer Guarantees Act 1993.

Part D: Administration

21. Account Registration
    1. Registration: You must register on the DeliverMe Platform, providing correct, truthful, and current information.
    2. Age: You must be at least 18 years old or use the service with the consent of a parent or caregiver who is over 18.
    3. Required Information: You must provide personal details (like name, address, mobile number, age) and a valid payment method.
    4. Responsibility: You are responsible for all activity under your account and must keep your login details secret.
    5. Changes & Failure to Maintain: You must promptly notify the Franchisor of any changes to your billing or contact information. Failure to keep your account information (including payment methods) complete and up-to-date may result in account cancellation.
    6. Usage: You can only have one account, and you cannot authorise third parties to use it.
22. Corporate Subscribers
    1. Authorisation: DML may allow corporate entities to subscribe for the convenience of their guests, subject to a separate agreement.
    2. Restrictions: Corporate accounts cannot be used by their employees or staff, or to deliver the corporate entity's own goods or services.
    3. Suspension: DML can suspend or cancel a corporate subscription for any reason.
23. Data Privacy and Protection
    1. Data Collection: The Franchisor collects and uses your Personal Data as described in the Privacy Notice/Policy on the DeliverMe Platform. By creating an account, you agree to this collection and use of your information to provide the services.
    2. Dispute Resolution: In case of a complaint, dispute, or accident, the Franchisor or Franchisee may share necessary information (including your contact details) with a claims processor or insurer to resolve the issue.
24. Notifications and Messages
    1. Commercial Messages: Creating an account allows the Franchisor to send you commercial electronic messages (email, SMS, push notifications) related to the service's normal operations.
    2. Transactional Messages: You cannot unsubscribe from essential transactional messages (like trip receipts and support responses). The Franchisor is not required to include an "unsubscribe" option in these or other electronic messages.
    3. Promotional Opt-Out: You can opt-out of receiving promotional electronic messages by emailing info@deliverme.co with the subject line "opt-out of promotions".
25. Network Access and Devices
    1. Your Responsibility: You are responsible for obtaining the necessary compatible device and data network access to use the services, and you are responsible for any associated mobile network rates and fees.
    2. Compatibility Guarantee: The Franchisor does not guarantee that the apps will work on all specific hardware or devices and is not responsible for problems or delays from using the internet or electronic communications.
26. Inactive or Misused Accounts
    1. Monitoring: DML and the Franchisor have the right to monitor account usage.
    2. Inactive Accounts: Accounts inactive for six (6) months may be cancelled or suspended after a reasonable attempt to notify the account holder.
    3. Misused Accounts: Accounts suspected of misuse may be immediately cancelled, disabled, or suspended without prior notice.
27. General Termination
    1. Breach of Terms: The Franchisor can immediately cancel or suspend your access to the services, without notice, if they reasonably suspect that you have breached or are likely to breach these Terms.

Part E: Interpretation and Enforcement

28. Applicable Laws and Jurisdiction
    1. These Terms are governed by and subject to the exclusive jurisdiction of the laws and Courts of New Zealand.
    2. The service is controlled from New Zealand. We make no guarantee that the service is appropriate or available outside the listed Local Service Areas.
    3. If you access the DeliverMe Platform from outside New Zealand, you are solely responsible for complying with your local laws.
29. Interpretation
    1. Headings are for easy reference only and do not affect the meaning or construction of the Terms.
30. Severability
    1. If a New Zealand Court finds any part of these Terms to be invalid or unenforceable, the rest of the Terms will still remain valid and in effect.
31. No Waiver
    1. If a Franchisee does not enforce a right or provision at one time, it does not mean they waive that right or provision in the future.
32. Force Majeure
    1. DML and its Franchisees are excused from performing their obligations if prevented by "force majeure" events. This includes, but is not limited to, natural disasters, acts of war, government orders, strikes, labour disputes, and communication failures that are beyond reasonable control.