Merchant Agreement

KEY POINTS

• Driveree owns the rights to the Driveree App, along with the associated tools and technologies used to facilitate connections between merchants and customers within the Driveree App Active Area for selling items.

• To avail Driveree Services or access the Driveree Tools, you must go through an application approval process by Driveree, and you must meet all conditions outlined in the General Terms.

• When you agree to sell items to customers through the Driveree App, you are entering a direct contract with those customers upon accepting their order.
• You have the flexibility to choose how your items are provided to customers, with options such as Deliveree Delivery, Self-Delivery (using your own delivery staff for certain items), and Pick Up (where customers retrieve non-delivery items from your location).
• Additional options may be introduced over time, and the Service Terms contain more detailed information about these options and any other services you may select.
• You are responsible for adhering to the Agreement, which includes obtaining necessary licenses and approvals, setting item prices, ensuring item quality, maintaining accurate and non-misleading item descriptions and photos on the Driveree App, complying with tax obligations, and providing accurate information.
• Driveree reserves the right to make changes to this Agreement, but you will be informed before any changes are implemented that could adversely affect your rights. In the event of a detrimental change, you have the option to terminate this Agreement without penalty.
• It is essential to carefully read the Agreement, as it outlines your responsibilities, details on how both you (as a restaurant) and Driveree can change or terminate the Agreement, guidance on addressing problems, and important information about insurance, liability, and refunds.

These General Terms apply to the agreement entered into between the person identified within the Driveree sign-up process (Merchant or you) for the use of the Driveree Tool, technologies and Services, unless otherwise agreed between the parties. These General Terms apply in addition to any Service Terms that apply to the services you choose.

PART 1 – STRUCTURE OF THE AGREEMENT

This section outlines the process of establishing an Agreement between you and Driveree Pty Ltd, including the documents constituting the Agreement. It delineates the necessary steps to be taken before gaining access to Driveree Technologies and Driveree App Services, as well as the duration of the Agreement.

1. STRUCTURE OF THE AGREEMENT

1.1 How the Agreement Works

(a)  If:

(i)  select a checkbox signifying your acceptance of these terms or

(ii) the parties mutually complete an Order Form or Addendum that refers to these terms, you are entering into an agreement with Driveree App (referred to as the Agreement) and consenting to be bound by its terms. 

The Agreement comprises the following documents:

No.	Document	Description
1.	the Order Form (if any)	Details about you and pricing arrangements that apply to the relationship between you, Driveree App
2.	Addendums (if any)	Specific addendums with special terms that apply to the Driveree Services and, as agreed by you, Driveree App
3.	these General Terms	Terms that apply to the Driveree Services and/or the Driveree Tool.
4.	the Service Terms	Specific terms that apply to particular services that you may choose, available at https:driveree.com/serviceterms (or a replacement URL).

(b) The document that is higher in the above list will apply if there is any conflict between those documents.

1.b Conditions Precedent

(a) Driveree will not provide any Services or the Technologies to you unless you have met the following conditions (Conditions Precedent)

No.	Category	Condition
1.	License or permit to operate a food business	If you propose to make food Items available via the Driveree App from your location, and if requested by Driveree Staff, you have provided valid information and up to date license or permit as required by Law to operate a food business in the local council area in which your location operates.
2.	License or permit to sell, supply and deliver Alcohol Items	If you propose to make Alcohol Items available via the Driveree App from your location, you have provided valid information and up to date license or permit as required by Law to sell, supply and deliver alcohol from those locations.
3.	Completion of onboarding requirements	You have provided all documents or other information requested by Driveree for your onboarding to have approved the addition of your location(s) to the Driveree App (at their discretion).

You have no right to receive any Driveree App unless and until Driveree App confirms that the Conditions Precedent have been met. If you have not met the Conditions Precedent within 80 days after the Effective Date, this Agreement will automatically terminate

2. TERM OF THE AGREEMENT

(a) Your Agreement will start on the earlier of:

(i) the date that you click a box indicating your acceptance of these terms; and

(ii) the "Effective Date" set out in your Order Form (if any),

(Effective Date).

(b) The Agreement will continue for one year from the Effective Date (the Initial Term) and will automatically renew for successive one year periods (each, a Renewal Term).

(c) The Agreement may end earlier, if it is terminated by you, Driveree in accordance with the Agreement.

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PART 2 – ROLES AND RESPONSIBILITIES, FEES AND PAYMENT

This section delineates the roles and responsibilities of each party involved in this Agreement. It specifically outlines your obligations concerning the pricing and quality standards of items. 

This part also details the calculation of fees and charges, encompassing those payable to Driveree App, the amount you receive from your customers, and the instances in which you are accountable for the costs associated with customer refunds.

 

Service Terms (Australia)

• These Service Terms apply in addition to the General Terms available at driveree.com, your Order Form and any Addendums, depending on the services that you have chosen using the Driveree Tool or as specified in your Order Form, under the agreement between you, Driveree. 
• Driveree may amend these Service Terms, or include additional Service Terms for the expansion or introduction of services or functionalities at this page, from time to time in accordance with sections 3.3 and 14.2 of the General Terms or as otherwise agreed in writing by the parties. Unless otherwise specified, capitalized terms in each of these documents have the meaning given in the General Terms. 
• Different Service Terms will apply to the specific services you choose. The Service Terms for a particular service will not apply to you unless you use that service.

These Service Terms include:

• Driveree Delivery Option
• Self-Delivery Option
• Non-Delivery Option
• Virtual Storefront
• Alcohol Items
• Driveree Promotion Tools
• Advertising
• Webshop

 

Service Terms –Driveree Delivery Option

Definition of  Driveree Delivery Option: 

The Driveree Delivery Option allows you to offer delivery services through the  Driveree App. If you choose this option, Driveree App is responsible for handling the delivery of the items ordered by customers through the app. These Service Terms explain the details and conditions of using the Driveree Delivery Option.

• 1. Application of the Terms: 
• These Service Terms apply to you if you have selected the Driveree Delivery Options to provide delivery services to your customers. By using the Driveree Resources, as outlined in the General Terms and these Service Terms, you can offer delivery items to your customers. Driveree will be responsible for delivering the items to customers within the designated Standard Delivery Area, as specified in section 2.1.
•  
• 2. Roles and Responsibilities: 
• 2.1  Driveree Delivery Option: Driveree will be responsible for providing delivery services to customers who order items from you through the  Driveree App. They will have full control over the fees charged to customers for the delivery services associated with the delivery items.

     2.2 No Ownership of Delivery Items: Neither  Driveree nor the delivery person will have ownership rights over the delivery items requested for delivery.

      2.3 Batched Trips:  Driveree may, at its discretion, combine multiple orders from you or other merchants into a single trip for delivery (Batched Trips). This means that deliveries for multiple orders may be grouped together.

• 3. Payment: 
•  Driveree Fee: As compensation for the delivery services provided by Driveree under the Driveree Delivery Option, they will charge you a  Driveree Fee for each delivery item sold through the Driveree App. The specific fee will be determined based on either the amount specified in your Order Form or the fee mentioned on the Standard Fee Webpage. If there is no specified fee in your Order Form or if you don't have one. The calculation of the Driveree Fee will follow the guidelines outlined in section 5 of the General Terms.

 

Service Terms – Self-Delivery Option

The Self-Delivery Option is a feature available on the  Driveree App that allows restaurants or merchants to provide delivery services to their customers using their own delivery staff. By choosing the Self-Delivery Option, merchants take responsibility for delivering orders placed by customers via the Driveree App for Self-Delivery Items. 

Application of these terms:

 (a) These Service Terms apply to you if you opt for the Self-Delivery Option to deliver Self-Delivery Items to your customers using Driveree. 

(b) If you activate the Self-Delivery Option, you can utilize the Driveree Tool as per the General Terms and these Service Terms to: 

(i) offer Self-Delivery Items to your customers (to be delivered by your Delivery Staff within your Self-Delivery Areas);

 (ii) define your Self-Delivery Areas and Estimated Fulfillment Times;

 (iii) set your Self-Delivery Fees and any Additional Self-Delivery Fees;

 (iv) manage your delivery settings.

 (c) By using the Self-Delivery Option, you agree that: 

(i) when you select the 'Use your delivery staff' delivery setting in the  Driveree App,  Driveree will not provide delivery services to customers within your Self-Delivery Area when they order Self-Delivery Items from you via the  Driveree App; and 

(ii)  Driveree will not provide delivery services to customers within the Expanded Delivery Area when they order Delivery Items from you via the  Driveree App, unless you choose the 'Reach customers outside your area' delivery settings in the  Driveree Tool.

 (d) To clarify, nothing in section 1(c) above, these Service Terms, or your Agreement restricts or prohibits: 

(i) you from: (A) supplying your Items to customers outside the  Driveree App or offering delivery services to customers who purchase your Items outside the  Driveree App; or (B) changing the geographic coverage of your Self-Delivery Area using the Driveree Tool; or

(ii) Driveree from providing delivery services to: (A) customers within your Self-Delivery Area when they order Delivery Items from you via the Driveree App if you choose the 'Use Driveree Delivery' delivery setting in the Driveree Tool; (B) customers located outside your Self-Delivery Areas when they order Delivery Items from you if you choose the 'Reach customers outside your area' option in the Driveree Tool; or (C) customers located within your Self-Delivery Area when they order Items via the Driveree App from other merchants in that geographic area.

2. Self-Delivery Responsibilities: 

a. Merchants using the Self-Delivery Option must provide delivery services in accordance with the service terms.

 b. Merchants are responsible for the delivery of Self-Delivery Items, including providing customer support, updates on delivery times, and making order changes when requested. 

c. Merchants need to ensure that the delivery services are conducted safely and comply with the agreement and applicable Driveree policies.

 d. Merchants have possession and control of the Self-Delivery Items until they are delivered to the customer. 

e. Merchants are responsible for managing their delivery settings, determining the most effective delivery methods, and providing necessary equipment at their own cost.

2.2 Your Relationship with Delivery Recipients: 

a. Merchants are responsible for the acts and omissions of their own delivery staff and the transportation method used for deliveries.

 b. Merchants may be liable for any actions or incidents involving their delivery staff or third parties. 

c. Merchants should not contact or use personal data of delivery recipients for purposes other than providing delivery services. 

d. Merchants should handle any printed or written customer information securely and dispose of it properly.

 e. Merchants should not retain customer information longer than necessary to fulfill the delivery services.

2.3 Managing Your Delivery Settings: 

a. Merchants are responsible for managing their delivery settings in the  Driveree Tool and ensuring the appropriate settings for their circumstances.

 b. Different delivery settings can be selected, such as "Use your delivery staff," "Reach customers outside your area," or "Use Driveree Delivery," each with its own implications and conditions. 

c. Merchants can change their delivery settings using the Driveree Tool.

 d. The Self-Delivery Area and Expanded Delivery Area determine the coverage of delivery services, subject to Driveree's rights.

2.4 Delivery Settings – 'Use your delivery staff'

 (a) This section 2.4 applies to you whenever the 'Use your delivery staff' delivery setting is activated for your account. 

(b) When you activate the 'Use your delivery staff' delivery setting for your account: 

(i) your customers will be able to use the  Driveree App to order Self-Delivery Items if their delivery address is within your Self-Delivery Areas; 

(ii) for each order placed with you for Self-Delivery Items via the Driveree App: 

(A) the Driveree Fee payable by you will be calculated based on the applicable 'Self-Delivery Option ' Driveree Fee (as further described in section 8 below);

 (B) the Self-Delivery Fees and Additional Self-Delivery Fees payable by your customers will be determined in accordance with section 2.7 of these Service Terms; and 

(C) you must make reasonable efforts to deliver the order within the Estimated Fulfillment Time. (c) If you wish to offer Delivery Items for delivery outside your Self-Delivery Areas on the Driveree App, you can select the 'Reach customers outside your area' delivery setting using the Driveree Tool. This will enable you to offer Delivery Items for delivery services provided by Driveree (using the Driveree Delivery Option) outside of your Self-Delivery Areas.

2.5 Delivery Setting – 'Use your delivery staff' and 'Reach customers outside your area'

 (a) This section 2.5 applies to you whenever the 'Use your delivery staff' and 'Reach customers outside your area' delivery settings are activated for your account at the same time.

 (b) When you activate the 'Use your delivery staff' and 'Reach customers outside your area' delivery settings for your account:

 (i) your customers will be able to use the Driveree App to place a delivery order for: (A) Self-Delivery Items, if their delivery address is within the Self-Delivery Area(s); or (B) Delivery Items, if their delivery address is within the Expanded Delivery Area;

 (ii) you will be able to use the Driveree Tool to offer Delivery Items for delivery services provided by Driveree (using the Driveree Delivery Option) in the Expanded Delivery Area; 

(iii) each order placed with you via the Driveree App for delivery in the Expanded Delivery Area: (A) will be completed as a Delivery Item order in accordance with the General Terms and the Service Terms for the Driveree Delivery Option; (B) will be subject to a Driveree Fee calculated based on the ' Driveree Delivery Option'  Driveree Fee in accordance with the Service Terms for the Driveree Delivery Option; and (C) will be visible to the customer on the Driveree App as a Delivery Item (and not a Self-Delivery Item); and 

(iv) section 2.4 of these Service Terms will apply to each order placed with you via the Driveree App for Self-Delivery Items.

 (c) You can activate the 'Reach customers outside your area' delivery setting at any time. However, when the Self-Delivery Area for your location is larger than the Standard Delivery Area for your location, the visibility of your Items will be no different from what is available for the Self-Delivery Area (and there will be no Expanded Delivery Area).

2.6 Delivery Setting – 'Use Driveree Delivery'

 (a) This section 2.6 applies to you whenever the 'Use Driveree Delivery' delivery setting is activated for your account.

 (b) When you activate the 'Use Driveree Delivery' delivery setting for your account:

 (i) your customers will be able to use the Driveree App to order Delivery Items;

 (ii) you will be able to use the Driveree Tool to offer items for delivery services provided by Driveree (using the Driveree Delivery Option) in the Standard Delivery Area for your location; and

 (iii) each order placed with you via the Driveree App for delivery in the Standard Delivery Area for your location: (A) will be completed as a Delivery Item order in accordance with the General Terms and the Service Terms for the Driveree Delivery Option; (B) will be subject to a Driveree Fee calculated based on the ' Driveree Delivery Option'  Driveree Fee in accordance with the Service Terms for the Driveree Delivery Option; and (C) will be visible to the customer on the  Driveree App as a Delivery Item (and not a Self-Delivery Item)

2.7 Setting your Self-Delivery Fees, Additional Self-Delivery Fees, Self-Delivery Areas, and Estimated Fulfillment Times: 

a. Merchants are responsible for setting Self-Delivery Fees, Additional Self-Delivery Fees (if applicable), Self-Delivery Areas, and Estimated Fulfillment Times using the Driveree Tool or by providing notice to Driveree.

 b. Fees charged to customers include Self-Delivery Fees and Additional Self-Delivery Fees, and they are considered as "Additional Fees and Charges."

 c. Merchants can set multiple Self-Delivery Areas, and the fees and estimated times may vary based on these areas.

 d. Merchants should consider adverse weather events or other factors that may affect fulfillment times and update their Self-Delivery Area accordingly.

 e. Merchants can change their fees, areas, and estimated times using the Driveree Tool or by notifying Driveree.

3. DELIVERY STAFF

3.1 Responsibility for Delivery Staff

You acknowledge and agree that:

(a) You are fully responsible for all employment obligations and liabilities towards the Delivery Staff, including compensation, taxes, insurance, mandatory contributions, and various benefits such as sick leave, holiday leave, long service leave, superannuation, gratuities, allowances, severances, profit sharing, and other forms of remuneration.

(b) The Delivery Staff operates under your retail license and is under your control. You are solely responsible for their actions and omissions.

(c) The Delivery Staff has no relationship with Driveree App. Driveree does not direct or control the Delivery Staff, their performance of delivery services, or their working environment. You assume all the responsibilities arising from the Delivery Staff's performance, including compliance with work health and safety laws.

(d) You have complete discretion to operate your independent business and direct your Delivery Staff as you see fit. You can provide services to any third party separate from the Self-Delivery Services.

(e) You are solely responsible for selecting and conducting background checks and right-to-work checks for your Delivery Staff, ensuring compliance with section 3.2(b)(v) of these Service Terms.

(f) You and your Delivery Staff are prohibited from displaying Driveree name, logos, or colors on any Transportation Method, as well as wearing uniforms or clothing displaying Driveree's name, logos, or colors. This requirement can be modified if agreed upon or if required by law.

 

3.2 Provision of Self-Delivery Services by Delivery Staff

(a) You must ensure that your Delivery Staff perform the Self-Delivery Services in accordance with the terms of the Agreement.

(b) When your Delivery Staff perform the Self-Delivery Services on your behalf, you must ensure that they:

(i) Provide the services professionally and with due skill, care, and diligence.

(ii) Maintain high standards of professionalism, service, and courtesy.

(iii) Perform the Self-Delivery Services safely and in compliance with all applicable laws.

(iv) Follow applicable Driveree Policies, including the Community Guidelines.

(v) Possess all necessary licenses, insurances, permits, work entitlements, and approvals required to provide Self-Delivery Services and use the designated Transportation Method.

(vi) Follow all reasonable drop-off instructions provided by a Delivery Recipient.

(c) Delivery Staff should wait for at least 5 minutes for a Delivery Recipient to collect the items. While you are not obligated to require your Delivery Staff to wait, failure to do so may impact your entitlement to payment.

3.3 Transportation Method

(a) Your Delivery Staff must hold and maintain a valid and appropriate license or certification to operate the assigned Transportation Method (e.g., a driver's license for motor vehicles).

(b) The Transportation Method used by your Delivery Staff must:

(i) Be clean, sanitary, and suitable for providing the Self-Delivery Services.

(ii) Be properly registered and licensed as a delivery vehicle in compliance with local laws.

(iii) Have insurance coverage meeting local compulsory limits for delivery vehicles.

(iv) Be owned, leased, or lawfully possessed by you or the relevant Delivery Staff.

(v) Be maintained in good operating condition, meeting industry safety and maintenance standards and any additional requirements in the applicable territory.

3.4 Ratings

After completing a delivery as part of the Self-Delivery Services, Delivery Recipients may be prompted by Driveree's technology platform to provide:

(a) Ratings for your Self-Delivery Services and Delivery Staff.

(b) Optional comments or feedback about your Self-Delivery Services and Delivery Staff.

 Driveree and its affiliates reserve the right to use, share, and display the ratings and comments from Delivery Recipients in connection with their business without requiring approval or attribution from you or the Delivery Staff.

3.5 Incidents

(a) You are responsible for handling, responding to, and remedying any incidents or safety events that occur during the performance of Self-Delivery Services by your Delivery Staff.

(b) Driveree App will handle incidents or safety events reported to them or their affiliates. If an incident is deemed severe or demonstrates inappropriate behavior,  Driveree may suspend your access to the Self-Delivery Option or your account, and notify you of the required actions to resolve or respond to the incident.

(c) You must take reasonable steps to promptly identify and remedy the cause of an incident. Within 5 days of receiving an Incident Notice, you must provide Driveree with a response that includes details of the steps taken to resolve or respond to the incident.

(d) Failure to remedy the cause of an incident, subsequent incidents demonstrating inappropriate behavior, or failure to provide a suitable response may result in a material breach of your obligations under the Agreement, leading to deactivation or restriction of your access to the Self-Delivery Option.

(e) Delivery Staff found to have violated the Community Guidelines must not be allowed to perform Self-Delivery Services on your behalf.

3.6 Personal Data of Delivery Staff:

•  Driveree and its Affiliates may collect and process Personal Data of you and your Delivery Staff for legitimate business and regulatory purposes.
• The information may be obtained from you, your Delivery Staff, or third parties.
• Personal Data may be used in cases of complaints, incidents, safety events, disputes, enforcement of the agreement, legal requirements, safety protection, fraud prevention, marketing, research, and insurance purposes.
• You consent to the use of Personal Data and are responsible for informing and obtaining consent from your Delivery Staff.
•  Driveree and its Affiliates may retain Personal Data even after the agreement is terminated.

4. Payment:

 4.1 Self-Delivery  Driveree Fee:

•  Driveree will charge you a  Driveree Fee for each Self-Delivery Item sold through the Driveree App, based on the specified fee in your Order Form or the Standard Fee Webpage.
•  Driveree Fee applies to all Delivery Items sold through the Driveree App.

4.2 Additional Fees and Charges:

• Additional Fees and Charges related to Self-Delivery Items include Self-Delivery Fees and Self-Delivery Additional Fees, which you can set according to section 2.7.

4.3 Tips:

• Customers are allowed to provide tips through the Driveree App for Self-Delivery Items.
•  Driveree will remit the full value of tips to you.
• You are responsible for complying with applicable laws regarding tip distribution.

 

 

5. DEFINITIONS

 

(a) Unless otherwise stated, capitalized terms in these Service Terms have the definitions provided in section 15 of the General Terms.

 

(b) The following additional definitions are applicable to these Service Terms: Additional Self-Delivery Fees refers to extra charges, including transactional fees and other related charges associated with delivering the Self-Delivery Items, as specified by you in the Driveree App.

 

Customer Information pertains to information about a customer or their Personal Data that is made accessible to you or Delivery Staff in connection with a request for and utilization of Self-Delivery Services. This information may include the delivery drop-off location and any other pertinent details specific to the Items being delivered.

 

Delivery Recipient denotes the intended recipient of Self-Delivery Items being transported by you or on your behalf in relation to the Self-Delivery Services. Estimated Fulfillment Time represents the estimated duration, specified by you in the  Driveree App, for completing the delivery of an order for Self-Delivery Items within the applicable Self-Delivery Area. 

 

The time frame begins when you receive an order for Self-Delivery Items through the  Driveree Tool and concludes when the Delivery Recipient receives their order. Expanded Delivery Area signifies the area beyond your designated Self-Delivery Areas that falls within the current Standard Delivery Area. Self-Delivery Area pertains to each delivery area specified by you in the Driveree Tool where your Self-Delivery Services are available. These areas are within the regions where the  Driveree App can be used by customers in Australia to place orders for Items. Self-Delivery Fee refers to the delivery fee specified by you in the Driveree Tool for the respective Self-Delivery Area. 

 

This fee is charged by you to your customers for delivering Self-Delivery Items within that Self-Delivery Area. Self-Delivery Services encompass the delivery services and all other obligations outlined in section 2 of these Service Terms. These services are performed by you and your Delivery Staff to transport Self-Delivery Items to your customers within your designated Self-Delivery Area(s). 

 

Transportation Method denotes the mode of transportation utilized by you or your Delivery Staff, or proposed by you or your Delivery Staff, for providing the Self-Delivery Services.

 

Service Terms – Non-Delivery Option (Pickup)

 

The Non-Delivery Option is a feature provided by the Driveree app (formerly known as  Driveree pty ltd | Driveree Online Delivery Pty Ltd) that allows restaurant owners to offer Non-Delivery Items for customers to pick up from a designated location, without involving any delivery services. Here is a paraphrased summary of the information provided:

1. Application of These Terms:

These terms and conditions apply if you choose to use the Non-Delivery Option for providing Non-Delivery Items to your customers. The terms outline how you can offer Non-Delivery Items for pickup through the Driveree app without any delivery services. 

 

2. Roles and Responsibilities:

As the restaurant owner, you are responsible for making the Non-Delivery Items available for pickup at the specified location and times. You assume all obligations related to your customer's attendance at your location, including compliance with applicable laws.

3.Payment:

In consideration for the services provided by Driveree (the company behind the Driveree app), you will be charged a Driveree Fee for each Non-Delivery Item sold through the app. The fee will be based on the 'Pickup Option Driver-a Fee specified in your agreement.

4. DEFINITIONS

(a) Except as specified below, capitalized terms in these Service Terms have the meanings given in section 15 of the General Terms.

(b) The following additional definitions apply to these Service Terms:

Pickup means the Non-Delivery Option where you allow your customers to collect Non-Delivery Item(s) from your location.

Service Terms – Virtual Storefront

A Virtual Storefront, when using the  Driveree app, enables you to offer Delivery Items and/or Self-Delivery Items through an electronic storefront that doesn't have a physical location. It allows you to sell and deliver items to customers using the  Driveree app. The following terms and conditions apply to the use of a Virtual Storefront on the  Driveree app:

• 1. APPLICATION OF THESE TERMS   
•  
• (a) These Service Terms apply if you have opted to use a Virtual Storefront on the  Driveree app for providing Delivery Items and/or Self-Delivery Items to your customers. 
•  
• (b) The use of a Virtual Storefront is subject to approval from  Driveree, provided you comply with these Service Terms. 
•  
• (c) If approved, you can utilize the  Driveree app, following the General Terms and these Service Terms, to create a separate and additional tile within the app. This tile will serve as your Virtual Storefront where you can prepare and sell Delivery Items and/or Self-Delivery Items to customers. Your Virtual Storefront will appear alongside your regular menu tiles on the  Driveree app.
•  
• 2. ROLES AND RESPONSIBILITIES 
•  
• 2.1 Virtual Storefront 
•  
• (a) Your Virtual Storefront can only offer Delivery Items and/or Self-Delivery Items (if applicable) that:
•  
•  (i) are materially different from the items you typically sell or make available on the Driveree app unless otherwise agreed upon in writing by Driveree, and
•  
•  (ii) are prepared and sold from your fully-licensed premises. 
•  
• (b) Non-Delivery Items cannot be sold through a Virtual Storefront.

2.2 Marks and Business Name 

(a) The General Terms' Section 9(b) applies to the Business Name (as defined in the General Terms) of your Virtual Storefront, similar to any other location.

 (b) Regarding any trading name or mark used for your Virtual Storefront (including your Business Name):

 (i) Unless agreed upon in writing, the trading name or mark will be considered your Mark, licensed to Driveree-App and Driveree-App under Section 6.3 of the General Terms. It is also subject to the indemnification provision in Section 10 of the General Terms.

 (ii) You must ensure that the trading name of your Virtual Storefront doesn't infringe on any third party's intellectual property or proprietary rights. You represent and warrant that you have the right to display the Virtual Storefront trading name on the Driveree app and grant the license to Driveree App and Driveree-App under Section 6.3 of the General Terms.

 (iii) Driveree reserves the right to remove your Virtual Storefront from the Driveree app if there are reasonable grounds to believe it may infringe on intellectual property or proprietary rights.

3. PAYMENT 

3.1  Driveree Fee

•  The Driveree Fee applicable to each item sold through the  Driveree app in connection with a Virtual Storefront is specified in the relevant Service Terms for the selected option at the time of the sale.

4. DEFINITIONS

•  (a) Unless stated otherwise, capitalized terms in these Service Terms have the meanings given in Section 15 of the General Terms. 
• (b) The following additional definitions apply to these Service Terms: Virtual Storefront refers to a location where Delivery Items and/or Self-Delivery Items are prepared by you or on your behalf. It does not have a physical storefront accessible to your customers.

Service Terms – Alcohol Items

These Service Terms enable you to offer alcohol items in specific locations through the  Driveree platform, provided that you have received prior written approval from  Driveree. The terms outline the conditions for offering alcohol items via the  Driveree App and the requirements you must meet to do so.

1. APPLICATION OF THESE TERMS

•  (a) These Service Terms apply if you have chosen to offer alcohol items on the  Driveree App, subject to  Driveree's approval.
•  (b) If approved, you can use the  Driveree App to offer alcohol items for delivery, following the General Terms and these Service Terms. You can only sell alcohol items in states and territories permitted by  Driveree.
•  (c) Approval from Driveree may include additional terms specified in your Order Form or an Addendum.

2. ROLES AND RESPONSIBILITIES 

2.1 Alcohol Items 

• (a) If you make alcohol items available on the  Driveree App:
•  (i) Driveree acts as your agent to display and sell your alcohol items through the app. 
• (ii) You must have and maintain all necessary licenses and permits for selling and delivering alcohol items. You must comply with all applicable laws, regulations, and advertising practices outlined in the ABAC Guidelines.
•  (iii) You need to inform Driveree about each alcohol item through the  Driveree Tool.
•  (iv) If the delivery of an alcohol item is prohibited by law (e.g., due to recipient age or sobriety), the delivery person may be required to return the item to the pickup location. You must accept these returns without compensation.
•  (v) Alcohol items will only be available on the  Driveree App during hours determined by Driveree and based on operational and regulatory requirements.
•  (vi) If any required license or permit for selling, supplying, and delivering alcohol items is suspended or canceled, you must notify  Driveree immediately and cease selling and displaying those items on the  Driveree App until the license or permit is reinstated.

(b) Unless specifically agreed by  Driveree, you are not allowed to sell or supply alcohol items as self-delivery or non-delivery items on the  Driveree App.

 (c)  Driveree will subcontract delivery services to ensure the age and identity verification of customers purchasing alcohol items through the  Driveree App. The delivery person will be responsible for verifying customer information, and the app may allow them to scan identification documents to confirm legal drinking age compliance.

 2.2 Licences and Permits 

     Any changes or modifications to the licenses or permits required for selling or delivering alcohol items under these Service Terms are subject to the same provisions stated in Section 4.12 of the General Terms.

3. PAYMENT 

• 3.1  Driveree Fee 
• The fee charged by  Driveree for each alcohol item sold through the app is determined by the applicable Service Terms in effect at the time of the sale.
• 4. DEFINITIONS 
• (a) Capitalized terms have the meanings defined in Section 15 of the General Terms, unless specified otherwise.
•  (b) The following additional definitions apply to these Service Terms: ABAC Guidelines: The "ABAC Best Practice for Responsible Digital Alcohol and Marketing Guidelines" published by ABAC Scheme Limited. You can find it at https://www.abac.org.au/publications/best-practice-guides/ or an updated URL.

 

Service Terms – Driveree Promotion Tools

These Service Terms allow you to utilize  Driveree's Promotion Tools to create and implement short-term promotions aimed at stimulating customer demand. The terms and conditions outlined here govern the use of these Promotion Tools and provide guidelines for their usage.

• 1. APPLICATION OF THESE TERMS
•  (a) These Service Terms apply to users who choose to use  Driveree's Promotion Tools provided through the  Driveree Tool. These terms are applicable to Promotions created and funded by the user.
•  (b) If you have opted to use the Promotion Tools as stated in your Order Form or the Driveree Tool:
•  (i) Subject to section 2.1(a), Driveree grants you permission to utilize their proprietary automated tools to feature Promotions to your customers through the  Driveree platform (Promotion Tools).
•  (ii) You permit Driveree to use automated tools to showcase your Promotions on the  Driveree platform, in accordance with the General Terms and these Service Terms.
• 2. ROLES AND RESPONSIBILITIES
•  2.1 Promotions and Promotion Tools 
• (a) Your usage of the Promotion Tools and your ability to offer Promotions are subject to the General Terms, these Service Terms, any guidelines or eligibility criteria for Promotions provided by  Driveree, and any limitations in the functionality or technical capabilities of  Driveree's tools.
•  (b) For each Promotion created and fulfilled by you using the Promotion Tools under these Service Terms:
•  (i) Each Promotion is subject to approval by Driveree APP and  Driveree.
•  (ii) Unless otherwise specified by  Driveree, you are solely responsible for defining each Promotion (within the limits of the functionality and technical capabilities provided by the Promotion Tools). This includes determining the start date, end date, budget (maximum spend), and the categories of customers eligible for the Promotion.
•  (iii) You have the option to end a Promotion at any time, without penalty, unless there are specific guidelines, rules, or terms and conditions associated with the Promotion. If not ended early, each Promotion will continue until the end date or until your budget has been exhausted, whichever comes first.
•  (iv) You are responsible for providing Your Marketing Materials for the Promotion to  Driveree and Driveree at your own expense. These materials should be submitted in the specified format and within the given deadlines. Prior to obtaining written approval from  Driveree and  Driveree, you must not use, publish, distribute, or communicate Your Promotion Materials. 
• (v) Depending on marketplace functionality,  Driveree may offer enhanced promotional placement or other visual treatment for a Promotion during some or all of its availability period. The duration of enhanced promotional placement may vary based on factors such as your Promotion budget, requested start and end dates, and marketplace functionality.

2.2 Your Responsibilities 

(a) You are considered the promoter of each Promotion, and as such, you are solely responsible for fulfilling the terms of each Promotion provided to your customers. It is your responsibility to establish and enforce the terms, conditions, or other rules governing each Promotion for your customers.

 (b) You must honor and fulfill all the terms of your Promotions. You represent and warrant that you will comply with all applicable laws in providing your Promotions and that you possess all necessary authority, rights, licenses, consents, and permissions to run your Promotions, including providing Your Promotion Materials to Driveree App

 (c) When offering any Promotion and using the Promotion Tools, you agree to abide by any additional guidelines, rules, and terms and conditions provided by  Driveree or Driveree on the Driveree website. Notice of any detrimental changes will be provided to you in accordance with section 14.2 of the General Terms.

 (d) You agree to use and access the Promotion Tool solely within its intended functionality and technical capabilities, and you must not circumvent or exploit the tool in any unintended manner.

2.3 Reporting, Promotion Costs, and  Driveree Marketing

 (a) Driveree and its affiliates will make reasonable efforts to provide you with reports containing information about your Promotions. These reports may include details such as the amount spent on each Promotion (Promotion Costs), the number of items sold in connection with each Promotion, and additional relevant information.

 (b) You are responsible for all Promotion Costs.  Driveree,  Driveree, and you may establish additional terms and conditions governing the provision of specific Promotions and associated Promotion Costs.

 (c) Driveree and Driveree reserve the right, at their discretion, to highlight or utilize Promotions and their results in their own marketing materials, as stated in section 2.1(b)(iv).

2.4 No Guarantees 

(a) Unless required by applicable consumer protection laws, Driveree, and their affiliates do not provide any guarantees:

 (i) regarding the availability or continued operation of the Promotion Tools or the ability to offer Promotions in the same manner;

 (ii) concerning the number of items you will sell through the Driveree platform or the number of customers who will be exposed to your Promotions.

 (b) You acknowledge and agree that  Driveree may modify, suspend, or discontinue the Promotion Tools at any time, and  Driveree may modify, suspend, or discontinue your ability to offer Promotions at any time. Unless required by applicable consumer protection laws, Driveree, and their affiliates will not be liable to you for any such modification, suspension, or discontinuance.

3.PAYMENT 

• 3.1 Fees for Promotions 
• (a) If you receive payment for an item, you are responsible for the relevant  Driveree Fee and Promotion Costs. 
• (b) In relation to Promotions applied to items:
•  (i) Your customers will see Promotions as discounts applied to the retail price of the purchased items. 
• (ii) When a Promotion is applied, the applicable  Driveree Fee for the item(s) will be calculated based on the discounted retail price (including GST), not the full retail price. 
• (iii) You authorize  Driveree to deduct this discount from your Item Revenue for each Promotion Order, which will be reflected as a deduction from your Item Revenue for the Promotion Order.
•  (c) Regarding Promotions applied to delivery fees:
•  (i) For Promotions applied to orders for self-delivery items through the self-delivery option: (A) Your customers will see Promotions as discounts applied to your self-delivery fee, and (B) you authorize  Driveree to apply this discount to the self-delivery fee for each Promotion Order.
•  (ii) For Promotions applied to orders for delivery items through the Driveree delivery option: (A) Your customers will see Promotions applied as a promotion, deducting an amount equal to the value of the delivery fee charged to your customer (Promotion Delivery Fee) from the total order value, (B) you authorize Driveree to apply this promotion to each Promotion Order, and (C) you must pay Driveree an amount equal to the Promotion Delivery Fee, which will be considered part of your Promotion Costs. Please note that any Promotion applied to delivery fees for delivery items should not be considered a reduction in the consideration received for taxable supplies made to your customer for GST purposes.
•  (iii) Driveree may deduct the Promotion Costs from your Item Revenue before remitting any Item Payment to you, in accordance with section 5.4 of the General Terms. 

4. DEFINITIONS

• (a) Except as specified below, capitalized terms in these Service Terms have the meanings given in section 15 of the General Terms.
• (b) The following additional definitions apply to these Service Terms:
• Promotion Order means an order for Items by your customer through the Driveree App that applies your Promotion.

Service Terms – Advertising

These terms and conditions are related to advertising services provided by Driveree. Advertisements, also known as Sponsored Listings, are created through Ads Manager to feature locations in the ads. Advertisements are charged on a per click basis, and the rate is determined by the Auction Price and the Ad Campaign Budget.

• 1. Application of These Terms:
• (a) The terms and conditions stated in these Service Terms are applicable if you decide to access Ads Manager, unless you have agreed to a separate Addendum specifically for Ads Manager with Driveree and  Driveree.

(b) Unless stated in Section 2.6 below, you are only allowed to create Ad Campaigns for the locations that you own and operate. It is prohibited to create Ad Campaigns on behalf of your Franchisees or any third parties.

• 2.ADVERTISEMENTS
•  A comprehensive explanation of how Advertisements function, including information regarding the placement of Advertisements and the auction and selection process.

2.1 Ads Manager 

(a) Driveree grants you authorization to use and access Ads Manager in accordance with the terms of this Agreement.

 (b) You confirm that you will only allow authorized individuals to access Ads Manager in connection with your account. These authorized individuals should be able to create, modify, and cancel Ad Campaigns with your permission. 

(c) You acknowledge and agree to the following: 

(i) You must use and access Ads Manager strictly within its defined functionality and technical capabilities.

 (ii) You are responsible for any use of, and access to, Ads Manager related to your account, including any Ad Campaigns that are created, modified, or canceled.

 (iii) Ads Manager is owned by and proprietary to  Driveree, and any rights associated with it belong to  Driveree.

(d) The form and function of Ads Manager may change periodically. If there are significant changes to Ads Manager that negatively impact your use of the platform, Driveree will provide you with a minimum of 30 days' notice regarding the changes. In such cases, you have the option to cancel your Ad Campaign according to section 2.2.

(e) There may be multiple versions of Ads Manager, including a version for creating Ad Campaigns for single locations (Single-Location Ads Manager) and a version for creating Ad Campaigns for multiple locations (Multi-Location Ads Manager). You may only have access to one version of Ads Manager at a time based on your selection. Driveree may impose restrictions or limitations on how frequently you can switch between the different versions of Ads Manager.

2.2 Creating Ad Campaigns 

(a) You have the ability to create, modify, or cancel Ad Campaigns (including your Bid and Ad Campaign Budget) using Ads Manager, subject to the terms of this Agreement and any other guidelines or eligibility criteria for Advertisements that Driveree or Driveree may provide from time to time. 

(b) You acknowledge and agree to the following:

 (i) All Ad Campaigns are subject to the functionality and technical capabilities of Ads Manager and must comply with the requirements outlined in this Agreement.

 (ii) When you create an Ad Campaign, your Bid will be placed in an auction, and only selected Bids will become Advertisements. 

(iii) The creation of an Ad Campaign does not guarantee that an Advertisement will be generated.

2.3 Placement of Advertisements

 (a) Bids are selected based on factors such as the bid amount of each merchant and relevance to the specific user. Your relevance to a user is determined by  Driveree's assessment of the likelihood of that user ordering from you.

 (b) If your Bid is selected, an Advertisement will be posted based on the details of your Ad Campaign. 

(c) You acknowledge and agree to the following:

 (i) If your Bid is selected, you are obligated to spend up to your Ad Campaign Budget. Driveree will make reasonable efforts to ensure that your Ad Campaign Budget is not exceeded.

 (ii) You are solely responsible for all Ad Service Fees and Additional Ad Service Fees. 

(d) An Advertisement may be posted anytime after it is selected and will continue until the earliest of the following:

 (i) Your Ad Campaign Budget is met.

 (ii) Driveree removes the Advertisement for any permissible reason under this Agreement, including non-compliance with the terms of this Agreement.

 (iii) You cancel your Ad Campaign in accordance with section 2.2.

 (iv) This Agreement terminates or expires for any reason.

(e) You acknowledge the following: 

(i) When your Ad Campaign Budget is met, your Ad Campaign will pause for the remainder of the week and resume the following week.

 (ii) Due to the technical functionality of the services, there may be short delays in pausing the Ad Campaign when the Ad Campaign Budget is met. As a result, you may incur Ad Service Fees exceeding your Ad Campaign Budget for Advertisements shown to users during that time.

 (iii) The duration of the Advertisement may vary due to factors such as your Ad Campaign Budget, parameters set by  Driveree, and Ads Manager functionality.

(f) You can access information about your Advertisement(s) through Ads Manager. This information includes your Ad Service Fees, associated performance metrics, and any other information required by applicable laws (referred to as Ad Information). It's important to note that Ad Information, all elements of Ads Manager, and any design features and components offered and displayed in connection with these Service Terms (excluding Your Marketing Materials) are considered  Driveree's Confidential Information according to section 3.6(a) of the General Terms.

(g)  Driveree may remove duplicate listings of any locations related to your Advertisement in the  Driveree app without prior notice. This ensures that no more than one listing of each location appears simultaneously in the  Driveree app.

2.4 Content for Advertisements 

(a) When you create an Ad Campaign, you authorize  Driveree to assemble and format Advertisements based on Your Marketing Materials.

 (b) Unless otherwise agreed in writing,  Driveree will determine the size, placement, and positioning of your Advertisements. Please note that Advertisements shown in preview or prior to publication may be subject to changes by  Driveree.

2.5 Restrictions

 In addition to retaining all rights under this Agreement,  Driveree may:

 (a) Limit the number of Advertisements you can create at any given time. 

(b) Restrict the availability of Advertisements, such as limiting them to specific categories or containing specific attributes. 

(c) Specify minimum and maximum Bids within Ads Manager.

2.6 Special Terms for Franchisors

 (a) This section applies only to Franchisors.

 (b) Subject to the terms of this Agreement, you can create and manage Ad Campaigns on behalf of your Franchisees using the Multi-Location Ads Manager. However, this is only possible if the Franchisee has given consent to:

 (i) You create and manage Ad Campaigns on their behalf.

 (ii) Imposing restrictions on their access to Ads Manager and their ability to create Ad Campaigns.

(c) If you create or manage an Ad Campaign on behalf of a Franchisee:

 (i) You must ensure that you have obtained all necessary consents from the Franchisee as specified in section 2.6(b) above. 

(ii) You will be solely responsible for all Ad Service Fees and Additional Ad Service Fees incurred in relation to that Ad Campaign for your Franchisees.

(d) If a Franchisee withdraws the consent required under section 2.6(b) above, you must promptly notify  Driveree and cancel all Ad Campaigns for that Franchisee in accordance with section 2.2.

2.7 Special Terms for Franchisees 

(a) This section applies only to Franchisees. 

(b) If you are a Franchisee, you have the option to consent to your Franchisor creating and managing Ad Campaigns on your behalf. 

(c) If you consent to your Franchisor creating and managing Ad Campaigns on your behalf, you acknowledge and agree to the following:

 (i) You may not be able to create your own Ad Campaigns or access Ads Manager. 

(ii) You remain responsible for Your Marketing Materials used in the Ad Campaign.

• 3. DISCLAIMERS 
• Without negating any requirements under the Australian Consumer Law:
•  (a) Neither  Driveree, nor any of their Affiliates provide any guarantee regarding the benefits you will derive from the Advertisement, the number of Items you will sell in connection with any Advertisement, or the number of impressions or clicks your Advertisement will receive.
•  (b) Any "recommended," "automatic," or "default" settings within Ads Manager (including recommended or automatic Bids or Ad Campaign Budgets) are based on general aggregated information and are provided solely for your convenience.  Driveree, and their Affiliates do not guarantee the suitability of any aspect of your Ad Campaign (including the Bid or Ad Campaign Budget) for your business. It is your responsibility to evaluate the costs and benefits of each aspect of your Ad Campaign and determine its suitability for your business.
•  (c) Your access to Ads Manager and your ability to display Advertisements may be affected by testing conducted by  Driveree from time to time, as stated in section 9(e) of the General Terms.

4. PAYMENT

•  4.1 Ad Service Fees
•  (a) Driveree will charge you Ad Service Fees for the services rendered in connection with any Advertisement. 
• (b) Your Ad Service Fees will be calculated by  Driveree based on the price per click. The price you pay per click (excluding GST) will be: 
• (i) The Auction Price.
•  (ii) Never more than the amount specified in your Bid. 
• (iii) Subject to variation based on the placement of the Advertisement.

(c) Please note that  Driveree does not charge a fee for using or accessing Ads Manager in accordance with the terms of this Agreement.

4.2 Additional charges 

 Driveree may charge you for any additional services you select through Ads Manager, referred to as Additional Ad Service Fees. Unless otherwise specified in writing, the Additional Ad Service Fees will be stated on the Standard Fee Webpage.

4.3 Invoicing and Payment Schedule 

(a) Unless agreed otherwise in writing,  Driveree has the right to deduct the Ad Service Fees and Additional Ad Service Fees (if any) payable to  Driveree from your Item Revenue before remitting the Item Payment to you.

 (b) If you use the Multi-Location Ads Manager, Driveree may issue an Ads Invoice to you for all Ad Service Fees and Additional Ad Service Fees (if any) incurred in relation to Ad Campaigns created by you, including those created on behalf of your Franchisees. You must make payment for the Ads Invoice within 30 days of receiving it from Driveree.

 (c) In addition to the above, Driveree may:

 (i) Set a maximum spend threshold or instruct Driveree to suspend your access to Ads Manager until the Ad Service Fees and Additional Ad Service Fees (if any) are fully paid. 

(ii) Direct Driveree to collect the Ad Service Fees and Additional Ad Service Fees (if any) from you by debiting the payment method or bank account on record. 

(iii) Seek reimbursement from you through lawful collection methods available.

• 5.DEFINITIONS
•  (a) Unless specified otherwise, capitalized terms in these Service Terms have the meanings given to them in section 15 of the General Terms. 
• (b) The following additional definitions are applicable to these Service Terms:

• Ad Campaign: A campaign created by you using Ads Manager, specifying the terms for placing Advertisements. Your Ad Campaign should include your Bid, Ad Campaign Budget, and any other details required or permitted by Ads Manager, as modified from time to time in accordance with these Service Terms.
• Ad Campaign Budget: The amount you plan to spend on Ad Service Fees (excluding GST), as indicated in your Ad Campaign.
• Ad Service Fee: A fee for placing your Advertisement, calculated based on the actual number of clicks on your Advertisements at a rate determined by the Auction Price.
• Ads Manager: Driveree's proprietary self-service tool for creating and managing Ad Campaigns. Ads Manager includes both Single-Location Ads Manager and Multi-Location Ads Manager. Please note that Ads Manager is part of the Driveree Tools.
• Advertisement: An advertisement placement on the  Driveree app that: 
• (a) May include an indicator to customers that the placement was purchased by you, such as a tag like "ad," "promoted," or "sponsored."
• (b) Will appear in the  Driveree app (and potentially on the  Driveree website) in a placement determined by  Driveree or selected by you in your Ad Campaign. 
• (c) Will be assembled and formatted based on Your Marketing Materials.
• Auction Price: The price per click (excluding GST) determined based on factors such as your Bid and  Driveree's assessment of each merchant's relevance to the specific user. The Auction Price is always less than or equal to your Bid.
• Bid: The maximum price per click (excluding GST) that you offer for an Advertisement, as specified in your Ad Campaign.

Service Terms – Webshop

The Webshop Sales Channel is a platform that allows customers to browse a menu and place orders through a provided link. It is offered by  Driveree, similar to how  Driveree offers the service. Customers can order items for delivery, self-pickup, or non-delivery from your location, depending on the fulfillment option you choose. The Service Terms outline the responsibilities and obligations of both parties when using the Webshop Sales Channel.

• 1. APPLICATION OF THESE TERMS: 
• These Service Terms apply to your use of the Webshop Sales Channel provided by  Driveree, unless you have a separate agreement specifically for the Webshop Sales Channel.
• 2. WEBSHOP SALES CHANNEL: 
• 2.1 Webshop Sales Channel: 
• (a) Driveree will provide you with a hyperlink at no charge, which you can embed in your online marketplaces (such as your website or mobile app). 
• (b)This hyperlink allows customers to browse your menu and place orders for items. The orders can be delivered by Driveree ( Driveree Delivery Option) or by you (Self-Delivery Option), or customers can choose to pick up the order from your location (Non-Delivery Option). 
• ©The Webshop Sales Channel is included within the scope of the agreement that covers the Driveree platform.

2.2 Customizations:

 You have the option to customize your Webshop Sales Channel by uploading content like images or logos (referred to as Your Webshop Content) or changing the page's color. Your Webshop Content is considered as Your Marketing Materials.

2.3 Support:

 Driveree provides reasonable support for the Webshop Sales Channel. You can reach out for support through their help center.

2.4  Driveree Ownership:

 Driveree and its affiliates own all rights, including intellectual property rights, to the software applications and proprietary technology related to the Webshop Sales Channel.

• 3. DATA SHARING:
•  3.1 Order Information:
•  All data related to customer access and use of the Webshop Sales Channel, including  Driveree User Data and customer Personal Data, is considered confidential information owned by  Driveree.

3.2 Sharing Driveree User Data:

 Driveree will provide eligible users with the option to share their user data with you. Users can choose whether to consent to the disclosure and use of their data.  Driveree retains control over the opt-in consent process, including the language and appearance of the consent.

3.3 Data Rights and Restrictions:

 You can use the user data shared by  Driveree solely for the purpose of personalized analytics and email marketing, subject to your compliance with privacy policies and applicable laws. You are not allowed to use the data to compete with  Driveree or to divert users away from the  Driveree platform.

3.4 Security Measures: 

You are responsible for maintaining appropriate security measures to protect the integrity, security, and confidentiality of the user data. You must notify  Driveree of any unauthorized access or breach of security.

3.5 Deletion:

 Upon termination of the agreement, you are required to promptly delete all user data. However, you can continue to use aggregated insights and analytics derived from the data for improving your products, stores, and services.

4. CHANGES TO SERVICE:

•  Driveree reserves the right to make changes to the Webshop Sales Channel to enhance the user experience.

5. PAYMENT: 

• In consideration for  Driveree's services related to the Webshop Sales Channel, you will be charged an  Driveree Fee for each item sold through the channel. The fee may vary based on the chosen fulfillment option and will be calculated in accordance with the general terms.

6.DEFINITIONS:

•  (a) Unless otherwise stated, capitalized terms in these Service Terms have the meanings provided in section 15 of the General Terms. 
• (b) The following additional definitions are applicable to these Service Terms:
•  Eligible  Driveree User refers to a customer who has purchased an Item through the Webshop Sales Channel in Australia. 
• Fulfillment Option refers to the option(s) selected to enable customers to receive their orders placed via the Webshop Sales Channel, including the  Driveree Delivery Option, Self-Delivery Option, and Non-Delivery Option. 
• Opted-In  Driveree User refers to an Eligible  Driveree User who has expressly chosen to share their Driveree User Data with you as outlined in this Agreement. 
•  Driveree User Data refers to the following information and data for each Opted-In 
•  Driveree User: first and last name, email address, and information and details related to their orders from you via the Webshop Sales Channel, limited to the extent that Driveree possesses and controls this data.
•  User Opt-Out denotes any request, such as an opt-out, consent withdrawal, deletion, or similar, made to either  Driveree or the Merchant, encompassing the Driveree User Data. 
• Webshop Item signifies any Item (including any Delivery Item, Self-Delivery Item, Non-Delivery Item, or Alcohol Item) that you make available to your customers through the Webshop Sales Channel.