1. Definitions

Unless it is otherwise defined as follows, any capital terms used in this Agreement have the same meaning as defined in the General Terms.

  1. Agreement means these Subscription Terms and the:
    1. the General Terms;
    2. Subscription Fee and Plan Benefits .
  2. Application means Go People’s web and/or mobile software application, which operates a delivery management system, and it includes but is not limited to any and all improvements, developments, modifications, derivatives and variations of such software and/or application from time to time and where the context permits.
  3. Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of Competition and Consumer Act 2010 (Cth);
  4. Auto-Renewal means that the Subscription Plan will be renewed automatically for the same length of the Initial Term, unless terminated in accordance with these Subscription Terms.
  5. Event of Insolvency means:
    1. a controller, manager, trustee, administrator or similar office is appointed in respect of a party or an asset of a party;
    2. a liquidator or provisional liquidator is appointed to a party;
    3. any arrangement is made with a party’s creditors;
    4. a party is unable to or fails to pay its debts as and when they fall due;
    5. a default judgement is ordered against a party;
    6. a resolution passed or a meeting convened for the purpose of considering a resolution to wind up a party; or
    7. any other similar event occurs under any law applying to a party.
  6. Fees means the Subscription Fee, the Maintenance and Support Fees (if any), the Job Fees, and/or any Additional Charges, fees, charges, expenses or payments specified in the General Terms as varied from time to time in accordance with these General Terms.
  7. General Terms means general terms found at https://www.gopeople.com.au/terms/.
  8. Initial Term means:
    1. 360 days from the Commencement Date if an annual Subscription Plan is selected; or
    2. 1 month from the Commencement Date if a month-to-month Subscription Plan is selected.
  9. Plan Benefits means the benefits made available by Go People to the Sender in respect to the relevant Subscription Plan which may include discounts, free jobs, payment plans, dispatch location numbers, and other benefits.
  10. Subscription Fee means the upfront fee payable by the Sender for the subscription of the Subscription Plan as specified in the Subscription Plan.
  11. Subscription Plan means the subscription plan selected by the Sender which includes, but is not limited to the Bronze, Silver, Gold and Platinum Plans as amended and varied from time to time which is outlined in detail on the Website and includes any Free Trial offered by Go People. For more information, please visit https://www.gopeople.com.au/membership-plans-pricing/.
  12. Subscription Terms means the terms and conditions set out in this document.

2. Subscription

  1. The Subscription Fee and Plan Benefits related to the corresponding Subscription Plan as set out on the Membership page are part of the Agreement. Go People may make changes to Subscription Fee by publishing on the Website, including any discount amounts for annual plan, the amount of dispatch locations at any time in its sole discretion, provided that the changes will only take effect after the expiry of the Initial Term.
  2. By signing up and subscribing to a Subscription Plan, the Sender acknowledges and accepts the terms of this Agreement.
  3. Go People reserves its rights to amend, modify or suspend any Plan Benefits of the relevant Subscription Plan with any suitable alternative (as applicable from time to time) at its sole discretion. Go People will publish and announce any changes to the Plan Benefits on the Website. It is the responsibility of the Sender to check on the Website and understand the corresponding Plan Benefits for the relevant Subscription Plan it subscribes to.
  4. The continuance use of the Application and Services after Go People changes these Subscription Terms constitutes an acceptance of the changes by the Sender.
  5. These Subscription Terms, the General Terms and the Privacy Policy along with any other terms referenced in this document should be read carefully. To the extent these Subscription Terms conflict with the General Terms or Privacy Policy, these Subscription Terms shall take precedence to the extent of such conflict.

3. Plan benefits

  1. In consideration of the payment of the Subscription Fee, Go People agrees to grant the Sender the Plan Benefits during the term of the Subscription Plan.
  2. If any item of the Plan Benefits becomes unavailable for any reason, Go People may replace the unavailable part of the Plan Benefits with alternative items of similar value as determined by Go People.
  3. The Plan Benefits are granted to the Sender personally, and the Sender must not assign, transfer or otherwise use the Plan Benefits for the benefit of any other person without Go People’s prior written consent.

4. Fees and payment

4.1 Subscription Fees

  1. The Sender agrees to pay the Subscription Fee for the Subscription Plan selected by the Sender, unless a Free Trial has been offered to the Sender by Go People in accordance with clause 5. In the event a Free Trial has been offered, the Subscription Fee will be due and payable in advance and upon the expiry of the Free Trial Period.
  2. Go People may increase Subscription Fee at any time, by giving the Sender written notice or publishing the new price on its Website, provided that the changes in Subscription Fee will only be effective the later of the expiry of the Initial Term, or 60 days after the notice or publication.

5. Free Trial

5.1 Free Trial

  1. For the purposes of this clause, “Free Trial Period” means, unless otherwise agreed by Go People in writing, the longer of:
    1. the free trial period as displayed on the Website for the Subscription Plan when the Sender signs up with Go People;
    2. a free trial as offered by the representative of Go People for a period up to 90 days; and
    3. a period of 30 days after the Sender signs up with Go People.
  2. Each Sender shall only be eligible for one Free Trial Period in its lifetime unless otherwise agreed or offered by Go People.
  3. Each Free Trial is made available in connection with a particular Subscription Plan. Subject to other provisions of this clause, no Subscription Fee will be payable by the Sender for the access and usage of the Subscription Plan selected by the Sender during the Free Trial Period. For the avoidance of doubt, during the Free Trial Period, the Sender is still liable to pay for fees and charges for services provided by Go People, including but not limited to Job Fees and Additional Charges.
  4. To start the Free Trial, the Sender must provide Go People with a valid and current payment method (only credit cards or debit cards are acceptable forms of payments) that is approved by Go People. The payment method and information will be stored and used by Go People in accordance with the Privacy Policy.
  5. Unless cancelled by the Sender before the end of the Free Trial Period, the Sender will be charged for Subscription Fee automatically in accordance with the selected Subscription Plan on the first day following the end of the Free Trial Period.

5.2 Termination during Free Trial Period

  1. The Sender can cancel the Subscription Plan at any time before the end of the Free Trial Period if the Sender does not wish to continue accessing or using the Subscription Plan after the expiry of Free Trial Period by cancelling its account with Go People or notifying Go People in writing.
  2. To the extent permitted by applicable law, Go People reserves the right to modify, suspend or terminate a Free Trial at any time and for any reason by written notice to the Sender and disclaims any liability resulting from the modification, suspension or early termination.

6. Auto-renewal

6.1 Auto-Renewal

  1. The Subscription Plan is subject to Auto-Renewals after the expiry of the Initial Term, and thereafter, expiry of each subsequent term unless the Sender has cancelled the Auto-Renewals in the portal.
  2. Go People will notify the Sender not less than:
    1. 7 days if it is a month-to-month Subscription Plan; or
    2. 30 days if it is an annual Subscription Plan;

    prior to the expiry of the Initial Term or any subsequent term in writing reminding the incoming renewal of the Subscription Plan and the deduction of the Subscription Fee.

  3. The Sender must provide Go People with a valid and current payment method that is approved by Go People when the Sender subscribes to a Subscription Plan (prepaid cards and Go People gift cards are not valid forms of payment). The payment method and information will be stored and used by Go People in accordance with the Privacy Policy.
  4. The Sender will be billed on a recurring basis on the first day after the expiry of the Initial Term or any subsequent term and the Sender will pay and authorise Go People to charge the payment method provided the then-current Subscription Fee for the particular Subscription Plan.
  5. If all eligible payment methods Go People has on record for the Sender are declined, the Sender must provide Go People with a new eligible payment method promptly or the subscription will be cancelled.

7. Termination

7.1 Immediate Termination
Either party may terminate the Subscription Plan and Subscription Terms immediately upon written notice if

  1. the other party is subject to an Event of Insolvency; or
  2. the other party is in breach of any terms of this Agreement and fails to rectify the breach within 14 days after receipt of written notice setting out reasonable particulars of the breach or failure.

7.2 Termination by the Sender
Prior to the expiry of the term of the Subscription Plan, the Sender may terminate the Subscription Plan by cancelling its account with Go People. If the Sender does so, Go People shall not be liable to refund any Subscription Fee paid by the Sender for any remaining term of the Subscription Plan.

7.3 Termination by Go People
Go People may terminate any Subscription Plan effective upon written notice if:

  1. the Sender ceases to be a user of Go People;
  2. the agreement between Go People and the Sender which is applicable to the Application and Services (including the General Terms) is terminated for any reason; and
  3. the Sender fails to make payments of any Fees under this Agreement within 7 days after its due date.

7.4 Effect of Termination

  1. On the termination or expiry of the Subscription Plan, the Sender is no longer entitled to the Plan Benefits referred to in the Subscription Plan.
  2. On the termination or expiry of the Subscription Plan, the Sender must make payments of any fees outstanding to Go People.
  3. Any clauses of these Subscription Terms which are capable of having effect after the expiration or termination of the Agreement will continue to remain in full force and effect.

8. Limitation of liability

  1. Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, condition, warranty, right or remedy conferred on the Sender by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
  2. To the maximum extent permitted by the Australian Consumer Law and all other applicable law, Go People’s liability for a breach of a non-excludable condition or consumer guarantee warranty is limited, at Go People’s option, to any one or more of the following:
    1. the resupply of affected services; or
    2. the payment of the cost of supplying the affected services again or paying to have the affected services supplied again.
  3. To the maximum extent permitted by law, in no event, Go People’s total liability arising out of or in connection with this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, shall exceed the Subscription Fee received by Go People during the period 12 months immediately before the relevant event.
  4. Subject to subclause (c) , Go People is not responsible or liable in any manner for any claim arising out of the Sender’s incorrect or improper use of the Plan Benefits, including but not limited to any use that does not comply with this Agreement or General Terms (as applicable), or any use that is not expected or not reasonable.
  5. Any representation, consumer guarantee, warranty, condition or undertaking that would be implied in the Agreement or under the Agreement by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by the Australian Consumer Law and all other applicable law.
  6. To the maximum extent permitted by the Australian Consumer Law and all other applicable Law, Go People is not liable to the Sender or to any third party for:
    1. any loss or damage of any kind caused by or resulting from any act or omission of any other party (including but not limited to the carrier) or any of its employees, agents or contractors; or
    2. any loss, damage, liability, expense, injury or death sustained or incurred by the Sender or any other party, including without limitation any loss of profits, or economic, special, indirect or consequential loss or damage, whether resulting directly or indirectly out of any negligence of Go People, the supply, performance or use of any services or out of any breach by Go People under any contract incorporating these Terms, even if notified of the possibility of that potential loss or damage.

9. General Provisions

9.1 Jurisdiction and Governing Law

  1. This Agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating the Subscription Plan and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.
  2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, including, for the avoidance of doubt, the Federal Court of Australia sitting in New South Wales. Each of the parties irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum
  3. This clause shall be binding to the benefit of the parties hereto and their successors and assigns.

9.2 Severance
These Subscription Terms will be enforced to the fullest extent permitted by applicable law. If any part of the Subscription Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Subscription Terms shall remain in force.

9.3 Waiver

  1. A waiver of any right, power or remedy under the Subscription Terms must be in writing and signed by the party granting it.
  2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
  3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under the Subscription Terms does not amount to a waiver.

9.4 Assignment

  1. Go People may assign or transfer its rights or obligations under the Subscription Terms without prior written consent of the Sender.
  2. The Sender may not assign or transfer its rights or obligations under the Subscription Terms without prior written consent of Go People. Such consent is not to be unreasonably withheld or delayed.
  3. A purported assignment without written consent will be deemed to be void and convey no rights.

9.5 Entire Agreement

  1. This Agreement is the entire agreement between the parties in relation to the Subscription Plan and supersedes all and any communications, negotiations, arrangements and agreements, whether oral or written, between the parties in respect of the matters that are the subject of this Agreement.
  2. The parties acknowledge that the Sender’s use of Application and Services may be subject to other terms and conditions (including General Terms) published on the Website of Go People dependent on the specific courier services that the Sender chooses. The Sender is encouraged to check and review the terms and conditions of Go People on the Website regularly.
Please download and print the Terms and Conditions as PDF file from here