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These Terms and Conditions ("Terms") is a legally binding contract between you, as a registered customer (referred here as ‘Customers’), driver, or subcontractor (referred here as ‘Providers’), and SimpleRuns App.
The mobile application ("App")- SimpleRuns ("Company") is a SAAS based product created for the purpose of facilitating the registration and engagement of drivers, subcontractors, and the hiring of transportation services alongwith invoice generation capability. By downloading, accessing, or using the App, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the App.
To access and use our services, you must consent to the terms set forth in this Agreement. By taking any action to signify your acceptance, whether electronically or otherwise, you commit to abide by the conditions outlined within this Agreement. If you find any part of these terms and conditions unacceptable, it is imperative that you refrain from using both the App and the associated services. We strongly advise you to consider printing and retaining a copy of this Agreement for your records in the future.
You agree as follows:
SimpleRuns provide the following services:
a.facilitates the matching of Customer, as and when it requires the transport of goods (Goods), with drivers / sub-contractors who are available to transport those Goods (Providers)
b. helps generate an invoice on the go after completion of the assigned task.
The ‘Providers’ have to get registered in our system for the Company to assign Providers for its job. The company reserves the right to collect information as applicable.
Driver and Subcontractor Registration: Users seeking to provide transportation services as drivers or subcontractors must register with the company. All information provided during registration must be accurate and up-to-date.
SimpleRuns is not obliged to check the correctness and completeness of the data provided and is therefore not liable for the consequences of the use of incorrect and / or incomplete information provided by the ‘Providers’.
When registering to our Services as a Provider, you acknowledge and agree that you must:
1.
have a legally registered vehicle that is in roadworthy condition and meets the industry safety standards and all applicable transportation vehicle requirements;
2.
hold a valid Australian licence to drive;
3.
be authorized and medically fit to operate a transportation vehicle
4.
hold any permits and licences required to operate your vehicle or hire vehicle as may apply in all jurisdictions in which you provide transportation services from time to time;
3.
have completed any minimum training required to hold any permits and licences as may apply from time to time; and
4.
have arranged your own insurance from a company incorporated in Australia for:
a. third party property; and
b. compulsory third-party insurance;
c. so as to cover any loss, damage, and claim of goods.
a. You are responsible for maintaining the confidentiality of your login credentials (username and password). You must not share your login information with others. Any activity that occurs under your account is your responsibility.
b.3 You bear full responsibility for all actions conducted under your account. You are obligated to promptly notify us if you detect any unauthorized account access or any security breaches.
c. We shall not be accountable for any losses you may suffer due to the unauthorized use of your account or password, whether or not you were aware of it. Nevertheless, you will be held accountable for any losses incurred by us or any third party as a consequence of another individual using your account or password.
d. You are expressly prohibited from accessing someone else's account at any point or transferring your account to another individual.
e. You commit to maintaining and regularly updating your personal details, information, data, and password to ensure they remain accurate, current, and complete.
a. Location Sharing: The App will use GPS and other location-based technologies to track the location of drivers during transportation services. By using the App, drivers consent to the collection and sharing of their location data with the Company and the contracting companies for the sole purpose of service delivery.
b.Route Tracking: The App will record the routes taken by drivers during transportation services. This route data may be shared with contracting companies for verification and service quality purposes.
c. Privacy: The Company is committed to protecting the privacy of users. Location data will only be used for the purposes described in these Terms and will not be shared with third parties for marketing purposes.
a. Automated Invoicing: Upon the completion of transportation services, the App will generate an invoice for the contracted companies based on the agreed-upon terms, which may include pricing, distance traveled, and additional services provided.
b.Invoice Accuracy: It is the responsibility of both the drivers/subcontractors and the contracting companies to review the generated invoices for accuracy. Any discrepancies or disputes should be resolved directly between the parties involved.
c. Payment: The payment terms and methods will be determined between the drivers/subcontractors and the company. The Company does not process payments directly and is not responsible for payment disputes.
Drivers are responsible for ensuring the legality, safety, and quality of the transportation services they provide or engage in. Drivers and Subcontractors should meet all necessary regulatory and safety requirements.
At SimpleRuns, the safety of our drivers and the public is our top priority. We recognize the dangers associated with distracted driving, particularly the use of handheld mobile devices while operating a vehicle. Therefore, it is our policy to strictly prohibit the use of handheld mobile devices while driving any vehicle for deliveries associated with SimpleRuns.
Drivers are expected to comply with all applicable Road Safety Laws and Regulations of Australia and Truck Driving Regulations regarding the use of mobile devices while driving.
a. Prohibited Activities: You must not use the App for any unlawful, fraudulent, or unauthorized purposes. This includes but is not limited to submitting false information, spamming, or engaging in any activity that disrupts the App's operation.
b. Content Restrictions: Users are prohibited from uploading, sharing, or transmitting any content that is offensive, defamatory, or violates the rights of others. The Company reserves the right to remove such content and terminate accounts in violation.
c. The Provider should not make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
c.The provider shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
SimpleRuns reserves the right to modify these terms and conditions periodically to accommodate shifts in market conditions, advancements in technology utilized for delivering the products and services outlined in this Agreement, alterations in payment methods, adjustments in applicable laws and regulatory mandates, as well as enhancements in Simplerun's system capabilities.
These Terms and Conditions may be updated by us at any time. You are responsible for checking these Terms of Use regularly so you are aware of any updates that we have made to them.
It will be your responsibility to notify SimpleRuns if you disagree with any proposed changes and would like to discontinue with the services.
Term
This Agreement initiates on the Commencement Date and shall remain in effect until terminated in accordance with its stipulations.
Termination
a. (For Cause) Either party may terminate this Agreement immediately by providing written notice to the other party under the following circumstances:
- If the other party breaches any warranty or provision in this Agreement that cannot be rectified, or if the breach is remediable, fails to remedy the breach within seven days after receiving written notice from the terminating party requesting correction.
- In the event of an Insolvency Event.
b. (Termination for Failure to Comply with Requirements) In addition to the conditions outlined in clause 8, SimpleRuns reserves the right to suspend Provider's access to the Services or terminate this Agreement immediately if Provider violates any clause of this Agreement.
c. (Termination for Regulatory Event) If a Regulatory Event occurs or is likely to occur during the Term, which, in SimpleRuns's reasonable opinion, may impact the subject matter of this Agreement, SimpleRuns may promptly suspend the Agreement's performance or terminate it without liability to Sender.
d. (Termination for Refusal of New Terms) If Provider chooses not to accept modifications to these terms as outlined in clause 8, Provider will be considered to have terminated this Agreement immediately.
e. (Termination for Convenience) Either party has the option to terminate this Agreement for convenience without incurring any liability to the other party. To do so, the terminating party must provide at least 30 days' written notice to the other party.
Disclaimer
SimpleRuns
.Does not guarantee the accuracy, currency, reliability, or quality of the App.
.Does not guarantee that the App is free from errors, omissions, or exhaustive.
.Does not guarantee uninterrupted, timely, or secure access to the App.r Services.
.Does not guarantee the absence of viruses or harmful code in the App.r services.
.Disclaims all warranties, both express and implied, including merchantability, fitness for a specific purpose, and non-infringement, regarding the App and Services, to the extent permitted by applicable laws, including the Australian Consumer Law if applicable.
Limitation of Liability:
The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the App, including but not limited to lost profits, data loss, or business interruption.
a.Data Retention: Location and route data may be retained by the Company for a reasonable period as required for operational purposes, including dispute resolution.
b.Data Security: The Company will take reasonable measures to secure the location, route, and invoice data collected through the App. However, users are advised that no online platform is entirely immune to security breaches, and the Company cannot guarantee absolute data security.
a.When you download and use our SimpleRuns App, you will be required to provide us your personal details along with your driver’s licence number and card number. Ordinarily, we tell you the purposes for which we collect that information when it is collected. As a general rule, we only collect such information which is necessary for us to provide our Service to you or to maintain our relationship with you.
b. Your personal information will not be shared by us with any other person or organization, except our related bodies corporate, licencees, drivers and suppliers, so that we may adopt an integrated approach to our customers.
c. Our Privacy Policy outlines our procedures for the collection and management of personal information, including our utilization of cookies on your device. It also provides details on how you can access and rectify your personal information in our possession. Furthermore, it offers guidance on how to file a complaint if you believe we have violated the Australian Privacy Principles. Should you have any questions regarding the gathering, retention, utilization, or disclosure of your personal information by us, please don't hesitate to reach out to us at contact@simpleruns.com.
d. By downloading and utilizing the Simpelruns App, you acknowledge and affirm your acceptance of our Privacy Policy. Additionally, you are granting us permission to collect and share your personal information as required to deliver our services to you.
The Company reserves the right to suspend or terminate location tracking and invoice generation services at any time, with or without notice, for maintenance, security, or other operational reasons.
By using the App's location tracking and invoice generation features, you acknowledge your understanding and acceptance of these additional terms. If you have any questions or concerns regarding these features or their associated terms, please write to us at contact@simpleruns.com .
These Terms are governed by the laws of New South Wales. Any disputes arising from or relating to these Terms shall be resolved in the courts of New South Wales.
By using the App, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or concerns, please write to us at contact@simpleruns.com .
a.This statement sets out our current Terms of Use. It replaces any other Terms of Use which we have previously issued.
b. These Terms of Use may be updated by us at any time. You are responsible for checking these Terms of Use regularly so you are aware of any updates that we have made to them. If you do not agree with any of the updated Terms of Use, you may stop using the SimpleRuns App and notify the company about the discontinuation of your services.
c. We suggest you periodically review our Terms of Use for any changes.
d. All information within the SimpleRuns App and provided with the Services is subject to change without notice.
If you have any questions regarding the terms and conditions then please write to us at contact@simpleruns.com.