Draft — to be reviewed by an Australian lawyer before commercial launch.
Terms of Service
1. These terms
These terms are an agreement between Biondi Fresh Foods Pty. Ltd. ABN 52 601 893 190 (“we”, “us”) and the business that signs up to use DelPod (“you”, “the company”). They apply from the moment you or anyone on your team uses DelPod.
If you are using DelPod as a driver for a company, the company holds the account and these terms bind it, not you personally.
2. What DelPod is
DelPod is a phone app and an office dashboard for recording proof of delivery: photographs, signatures, times, and credit notes raised at the drop. We give you access to the software and the hosting behind it. We do not drive, deliver, or handle goods, and we are not a party to anything between you and your customers.
3. Price
$39 per vehicle per month, including GST. Billed monthly. No lock-in — you may cancel at any time, effective at the end of the month you have paid for. We will give you at least 30 days’ notice by email before any price change.
4. Your account
- Keep your company code and passwords to yourself and your drivers. You are responsible for what is done through your account.
- Tell us promptly if you think someone outside your business has access.
- You are responsible for making sure your drivers know that DelPod records a photograph, a time and a single location reading at each drop, and for any consents or notices your own legal obligations require.
- Don’t use DelPod to store anything unlawful, and don’t attempt to reach another company’s data.
5. Your data
Your delivery records are yours. We process them on your behalf and only to run the service. You can export them from the dashboard at any time. If you cancel, you may request a full export within 30 days; we delete your data 90 days after cancellation. How we handle it is set out in the Privacy Policy, which forms part of these terms.
6. The service is provided “as is”
This is the part to read carefully.
DelPod is supplied “as is”. We do our best to make it reliable, but we do not guarantee that every delivery, photograph or credit note will be captured, saved, or synced to the office. It runs on phones, in trucks, often with no signal. Phones are dropped, run flat, get wet, and are replaced. Records are queued on the device and uploaded when a connection allows, and an upload can fail.
So:
- You remain responsible for your own records. DelPod is a tool that helps you keep proof of delivery; it is not your books, and it is not a substitute for them.
- You are responsible for your own decisions. If you rely on a DelPod record — to settle a claim, to refuse a credit, to chase a debt, or in any dispute or proceeding — that is your call and your risk. Check that the record is actually there.
- We do not promise any particular uptime, and we may change, add or remove features.
7. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where the Australian Consumer Law applies, it overrides anything in these terms that is inconsistent with it.
Where we are permitted to do so, our liability for a failure to comply with a consumer guarantee is limited to re-supplying the service, or paying the cost of having it re-supplied.
8. Limitation of liability
Subject to clause 7:
- Our total liability to you, for everything combined, is capped at the fees you actually paid us in the three months before the event giving rise to the claim.
- We are not liable for indirect or consequential loss, or for lost profit, lost revenue, lost business, lost goodwill, or for loss or corruption of data, however caused.
- We are not liable for loss arising from a missing, incomplete or unsynced record, or from your reliance on one.
These limits apply whether the claim is in contract, in negligence, under statute, or on any other basis.
9. Indemnity
You indemnify us against any claim, loss, or cost (including reasonable legal costs) we suffer arising from your use of DelPod, from the data you put into it, from a breach of these terms by you or anyone using your account, or from a dispute between you and one of your customers, drivers or employees. This does not apply to the extent the claim was caused by our own breach of these terms or our negligence.
10. Our material
We own DelPod — the software, the name, and the design. You get a right to use it while your account is active, and nothing more. Don’t copy it, resell it, or pull it apart.
11. Suspension and termination
- You may cancel at any time, effective at the end of the month you have paid for.
- We may suspend or close your account if fees are unpaid, if these terms are breached, or if required by law. For unpaid fees or a breach we will give you notice and a reasonable chance to fix it first, unless the breach is serious.
- Either of us may end this agreement by giving 30 days’ notice.
- On termination: your access stops, your export window and the deletion timetable in clause 5 apply, and clauses 6 to 9 survive.
12. Changes to these terms
We may update these terms. If a change materially affects you we will email you at least 30 days beforehand, and you may cancel before it takes effect.
13. Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.
14. Contact
Email delpodapp@gmail.com.