Terms and Conditions
Effective: September 9 2019
Lonelyseat requires these terms and conditions ("T&C") to be accepted for any individual or organisation that wants to use or receive any Lonelyseat Services (collectively, “Services“). Upon using or receiving our Services you become a “User” of Lonelyseat's Services, whether as a “Driver” or a “Sender“, as further described herein. Lonelyseat provides an on-demand Delivery Service ("Service"). The Service operates through the Lonelyseat platform Lonelyseat.co.nz ("Our Platform"). Our Platform enables Users to make a booking request ("Booking Request") for a registered Driver to accept that Booking Request (together, a "Booking") and perform the Delivery. These T&C stated or referenced herein constitute a legal agreement between the User and Lonelyseat. By using or receiving any Services, the User hereby expressly acknowledge and agree to be bound by the T&C contained herein, and any future amendments and additions to these T&C as published from time to time on www.Lonelyseat.co.nz ("our platform") or through our Services.
The User may only access the Services using our platform. Lonelyseat reserves the right to terminate a User's use of our Services if they do so with an incompatible or unauthorised Device.
Lonelyseat reserves the right to modify the T&C or any of its policies relating to our Services at any time, effective upon the posting of an updated version of the T&C on www.Lonelyseat.co.nz. Lonelyseat will use reasonable efforts to inform its Users of material changes via email, but the User is still responsible for regularly reviewing any updates to the T&C. Continued use of our Services after any updates shall constitute the Users consent to any and all changes to the revised T&C.
Consumer Guarantees Act 1993
Where both the Sender and Driver are businesses (as defined by the Consumer Guarantees Act 1993), the Sender agrees that they are acquiring the Driver's services for the purpose of a business and that the Consumer Guarantees Act 1993 therefore does not apply. Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of this Agreement will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.
Contract and Commercial Law Act 2017
Subject to the provisions of the Act, Sections 284, 285, 286, 287, 288, 289, 290, 291 and 292 shall apply to this Agreement only to the extent that they extend or enlarge Lonelyseat’s rights and powers in terms of this Agreement. Sections 274, 275, 276, 277, 278, 279 and 280 are modified by this Agreement. The relevant sections shall, in relation to any matter arising out of the provisions of those sections, have effect subject to the express terms contained hereunder specifically that the Sender agrees that items are delivered under a contract for carriage at owner’s risk, and therefore the Driver is not liable for the loss of or damage to any goods, except where the loss or damage is intentionally caused by the carrier.
Our Services Unite Drivers and Senders
Our Services make possible a connection between those individuals and/or organisations that want to contract with someone (“Senders“) to pick-up, carry and/or Deliver property and goods ("Stuff" or "Item(s)") and those individuals and/or organisations (“Drivers“) seeking to perform pick-up, carrying and Delivery Services. The performance of pick-up, carrying and Delivery Services by a Driver, the time period in which these Services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or Delivered by a Driver, are collectively referred to as a “Delivery.” Drivers and Senders together are also sometimes referred to as “Users“.
Our Services connect third party Drivers who want to Deliver item(s) for third party Senders, and provide a platform for Senders to contract Drivers and schedule their Deliveries. Drivers contract directly to Senders and choose to accept Deliveries for Senders listing on our platform. Lonelyseat does not control whether a Driver offers for a particular Delivery on our platform, or whether or not a Driver makes a business out of providing Delivery Services, either using our platform or otherwise. Accepting Deliveries through our platform does not preclude a Driver from providing Delivery Services under another platform, or for other persons simultaneously.
Acceptance of Agreement
A person's access to and use of Lonelyseats Platform and the Service provided by Lonelyseat is conditional upon the persons acceptance without modification of all the T&C and any other conditions and notices set out on the Platform, which together form a legally binding agreement between Lonelyseat and Users in relation to the provision of the Service to Users, as varied from time to time.
To the extent that anything in these T&C is different to the content available on the Platform, the provisions of these T&C shall prevail.
The Agreement begins on the date a person registers to use our Platform and Services. In registering to use the Services, Users will be provided with an account to enable Users to access the Service ("User Account").
How Senders Book the Service
A User may make a Booking Request using the Platform when logged into a User Account. A User will be required to enter the:
- Description of the item(s) to be delivered (the "Delivery"), including its dimensions and what it fits in;
- Pickup address, being the address from which the Driver will collect the item(s), and the full name of the person who is authorised to provide the Driver with the item(s) at the pick-up address (the "Sender");
- Dropoff address, being the address to which the Driver is required to Deliver the item(s) and the full name of the person or company to whom the Delivery is to be delivered to (the "Recipient"); and
- Earliest time at which the item(s) will be available for collection at the pickup address ("Pick-Up Time") and the time that the Driver will Deliver the item(s) to the drop-off address ("Drop-Off Time").
Once Users have entered the required details for a Booking Request and accept the booking the Sender's credit card details will be processed for payment to be held in escrow. A Users Booking Request will then be confirmed.
Lonelyseat is a Platform and does Not Provide Transportation Services. We are not a transportation carrier. It is the third party Driver’s sole discretion whether to offer and provide the pick-up, carry and Delivery Services requested by Senders.
Drivers Delivery Service Overview
After a Sender has made a Booking Request, and subject to clause 15, Lonelyseat will upload that Booking Request onto the Platform. Each Booking Request uploaded onto the Platform will be able to be viewed by all prospective or Registered Drivers but will be open for acceptance by any Registered Driver only on a 'first come, first served' basis (subject to the T&C). Lonelyseat does not guarantee that any quantity of Booking Requests may be accepted by Registered Drivers.
Upon a Booking being made, a Driver will endeavour to arrive at the specified pick-up address before or close to the Pick-Up Time. Once the Driver arrives at the pick-up address, the Driver will pick up the package and, where appropriate, may request to sight the Senders information to verify the pick up and will photograph the item(s) as proof of a successful Delivery.
Once the Driver is en-route to the Authorised Recipient, both the Authorised Sender and the Authorised Recipient will be able to track the Delivery of the item(s) using a link sent either by email and/or text to each of them by the Platform.
When the Driver arrives at the drop-off address, the Driver will require a photograph of the item(s) Delivered. Once Lonelyseat receive a photograph of the item(s) at drop-off uploaded by the Driver to Lonelyseat, the item(s) are then referred to as ("Delivered"). The Driver may also leave the item(s) with anyone at the drop-off address who represents that they are authorised to Deliver the item(s) on behalf of the Authorised Recipient, and the Driver may again photograph the item(s)
Senders Delivery Service Overview
After a Sender has made a listing, their listing will be uploaded onto the Lonelyseat Platform and will be able to be viewed by all prospective or Registered Drivers but will be open for acceptance by any Registered Driver only on a 'first come, first served' basis (subject to the T&C). Lonelyseat does not guarantee that any quantity of Booking Requests may be accepted by Registered Drivers. Senders agree to ensure for each item(s) (and its packaging where appropriate) that weighs more than that deemed reasonably liftable for the Driver, that another person will assist the driver upon pick-up with loading and drop-off with unloading. This will be determined on a case-by-case basis.
Upon a Booking being made, a Driver will endeavour to arrive at the specified pick-up address before or close to the Pick-Up Time. Once the Driver arrives at the pick-up address, the Driver will pick up the item(s) and, where appropriate, may request to sight the Senders information to verfiy the pick up and will also take a photograph of the item(s).
Once the Driver is en-route with the item(s) to the Authorised Recipient, both the Authorised Sender and the Authorised Recipient will be able to track the Delivery of the item(s) using a link sent either by email and/or text to each of them by the Platform.
Any alteration to a booking arrangement after it has been allocated to a Driver may incur additional Service Fees.
When the Driver arrives at the drop-off address, the Driver will require a photograph of the item(s) to complete the Delivery (The Driver may also leave the item(s) with anyone at the drop-off address who represents that they are authorised to Deliver the item(s) on behalf of the Authorised Recipient), and the Driver may again photograph the item(s).
Consumer accounts: Once a Sender enters the required details to make a Booking Request, Lonelyseat will advise the Sender of the Service Fee payable to Lonelyseat for the Service. If the Sender chooses to make the Booking Request, they will be prompted to enter their credit card details. A Senders credit card will be charged the amount of the Service Fee. The Service Fee is inclusive of GST (if any).
Commercial accounts: Once a Driver enters the required details to make a Booking Request, Lonelyseat will advise the Driver of the Service Fee payable to Lonelyseat for the Service. If the Driver chooses to make the Booking Request, their pre-approved account will be charged the amount of the Service Fee. The Service Fee charged will be plus GST, if any. A tax invoice will be issued each month by Lonelyseat to the Driver for the closing balance of the account for that month.
In the event that a User cancels a Booking (which has been processed as a Booking Request, and accepted by a Registered Driver), but the item(s) has not yet been picked-up by a Driver, no Service Fee shall be payable in relation to the relevant Booking.
Engagement of Couriers
Upon receiving a Booking Request from a Sender, Lonelyseat agrees to upload that Booking Request to the Platform (subject to the T&C). By using the Platform, Senders agree that they will observe and comply with all regulations relating to interaction with Drivers, including any applicable workplace laws
By using the Platform, you acknowledge that a Registered Driver may:
- perform your Delivery him or herself;
- have his, her or its employees perform your Delivery; or
- engage another individual or company to act as a subcontracted Driver to perform a Users Booking, provided that the performance of their Booking is in accordance with the T&C.
Lonelyseat is Not Responsible for the Performance of its Drivers or its Senders. Our Services enable connections between our Users to contract for Deliveries; however Lonelyseat has no control over and is not responsible for the performance, actions or inactions of any User, whether identified through our Services, in public, private, or offline interactions, or otherwise.
Every time a person is using our Services, they are Users. Users expressly agree, represent and warrant that, at the time of each use:
- Users are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these T&C and to fulfill these T&C in their entirety.
- When a User operates our Services, it is for their sole use and they will not resell our Services to a third party.
- A User is at least 16 years of age. If the User’s not the required age they must not use our Services.
- A User will only create one User account.
- A User will keep secure and confidential User account passwords or any identification we provide a User which allows access to Services.
- Users will provide Lonelyseat with this proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent themselves or their affiliation (actively or by omission) with any person or entity, including Lonelyseat.
- Users will not represent themselves to be an agent, representative, employee or affiliate of Lonelyseat.
- Users will only use the Services for lawful purposes and in accordance with all applicable laws and regulations.
- Users will not use the Services for sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
- Users will not collect or store any information about any other User.
- Users will not collect, store or use any information about any other User other than strictly needed for the purposes of successfully performing of a Delivery.
- Users will not stalk, intimidate, threaten or otherwise harass or cause distress to any third party, including other Users.
- Users will not copy, or distribute text, graphics, images, music, software, audio, video, information or other like materials related to the Services (“Content“) without written permission from Lonelyseat.
- Users will not use our Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Services.
- Users will not infringe the rights of any third party (including other Users) and including, intellectual property, privacy, publicity or contractual rights.
- Users will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or personal health information of which they may become aware as a User of our Services, except as necessary to carry out and perform under these T&C.
- A User will not assist any third-party in any of the above.
Identification Check: When receiving or handing over Stuff, the Sender or their nominated representative should always check a Driver’s proof of identification and ensure it matches the Driver’s information as per the Driver's details available to the Sender in our platform.
Screening: Lonelyseat does not conduct Background Checks or screening on any User (including "Drivers" and "Senders") for the purposes of allowing them to use the Services. However Lonelyseat reserves the right to begin conducting Background Checks and screening of all Users (including Senders) as it deems appropriate in its sole discretion. In a situation where Lonelyseat deems it appropriate to conduct a Background Check or screen a User, Lonelyseat will advise the User. Any screening or Background Check process is not a substitute for a Users good judgment when interacting with other Users. At all times during the use of our Services it is important for Users to exercise caution and use common sense.
Restrictions on Delivery Contents
Note: All Users acknowledge and agree that by using our Services, they may be exposed to unknown third-parties and contents in Deliveries that may be or are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable.
Prohibited item(s). Senders are prohibited from including in any Delivery, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or Delivering any Delivery containing the following “Prohibited item(s)”:
- Illegal item(s) including, without limitation, recreational drugs, other contraband and stolen property.
- Goods in which a User does not have authority, right to or ownership over and without consent of the owner.
- Any Hazardous Waste
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
- Any “Hazardous Material” not categorised as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
- “Special item(s)” listed below, unless they comply with these T&C.
Any Driver that discovers a prohibited item(s) contained within a Delivery shall immediately notify Lonelyseat at email@example.com for further direction.
Senders offering a Special item(s) for Delivery, when setting up the Delivery, must fully comply with all restrictions with respect to the Special item(s) outlined below, as well as all applicable laws and regulations with respect to such Special item(s):
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages, Psychoactive Substances or any other product as regulated by and defined in the Smoke-free Environments Act 1990, Sale and Supply of Alcohol Act 2012 and Psychoactive Substances Act 2013. These Special item(s) can only be Delivered where they have been paid for by a person who is 18 years of age or older and are being Delivered to a recipient at the drop off point who is 18 years of age or older.
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount. These Special item(s) can only be Delivered if the item(s) are checked in airline baggage (complying with all regulations for the transport on aircrafts of the same).
- Non-Commercial Fireworks. These Special item(s) can only be Delivered if the item(s) have been paid for by a person who is 18 years of age or older and are being Delivered to a recipient at the drop off point who is 18 years of age or older.
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons. These Special item(s) can only be Delivered if the item(s) have been paid for by a person who is 18 years of age or older and are being Delivered to a recipient at the drop off point who is 18 years of age or older.
- Any “Hazardous Material” (HAZMAT), in acceptable quantities as categorised and defined in the Hazardous Substances and New Organisms Act 1996. These Special item(s) can be Delivered where the Driver holds all appropriate licences, and all Users comply with applicable laws in terms of packaging, labelling and handling.
- Dangerous Goods as defined in the Land Transport Rule: Dangerous Goods Amendment 2011. These Special item(s) can be Delivered where the Driver holds all appropriate licences, and all Users comply with applicable laws in terms of packaging, labelling and handling.
- Prescription drugs and medicines (excluding medicinal marijuana) or over the counter medicine. These Special item(s) can only be Delivered if the item(s) have been paid for and are being Delivered to a recipient who is the prescription holder.
- Heavy haul, oversized or overweight item(s) (including, item(s) collectively weighing 150kgs or over). These Special item(s) can only be Delivered if the item(s) are being transported in a manner which complies with all applicable laws and regulations.
Drivers are responsible for knowing and complying with all requirements to carry Special item(s), whether included in these T&C and/or imposed by applicable law. When Delivering Special item(s) that require proof of age or prescription verification, a Driver shall request a valid, government-issued identification demonstrating that the Delivery recipient is 18 years of age or older and/or is the prescription holder. Examples of valid, government-issued IDs are a Driver’s licence, 18+ Card, Passport, NZ military ID and Permanent Resident Card. When Delivering wine, beer or other alcoholic beverages, a Driver shall also verify that the Delivery recipient is not visibly intoxicated before completing the Delivery.
What are the signs of “Visible Intoxication”?
If the Driver or Sender can tell on sight that a receiver has been drinking or using other drugs, the receiver is visibly intoxicated. Some common signs of visible intoxication are listed below. These are not all of the possible signs. And if a receiver shows just one or two of these signs that does not necessarily mean the receiver is intoxicated. But if a person shows a combination of several signs that could be a strong indication that the receiver is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol.
If the Driver or Sender is not sure, then they should not Deliver the Delivery and contact Lonelyseat support on firstname.lastname@example.org.
- Bloodshot, glassy, or watery eyes
- Flushed face
- Droopy eyelids
- Blank stare or dazed look
- Twitching or body tremors
- Disheveled clothing
- Odor of alcohol, marijuana or chemicals
- Excessive perspiration
- Thick, slurred speech
- Loud, noisy speech
- Speaking loudly, then quietly
- Rambling train of thought
- Unusually fast or slow talking
- Slow response to questions or comments
- Repetitive statements
- Bravado, boasting
- Making irrational statements attitude
- Aggressive or belligerent
- Obnoxious or mean
- Inappropriate sexual advances
- Swaying, staggering, or stumbling
- Depressed or sullen
- Crying or moody
- Extreme or sudden change in behavior
- Overly animated or entertaining
- Crude, inappropriate speech or gestures
- Drowsiness or falling asleep
- Lack of focus and eye contact
- Difficulty standing up
- Unusual walk
- Difficulty remembering
- Agitated, anxious
- Grinding teeth
If a Driver cannot complete the Delivery which is containing cigarettes, tobacco products, wine, beer or other alcoholic beverages due to a failure to provide a valid, government-issued identification demonstrating that the Delivery recipient is 18 years of age or older, or due to the Delivery recipient being visibly intoxicated, the Driver shall immediately notify Lonelyseat at email@example.com for further direction.
Other details regarding the Delivery of cigarettes, tobacco products, wine, beer or other alcoholic beverages can be found in our FAQ.
Firearms and Weapons
Drivers must check to ensure that all firearms, weapons, firearm parts, weapon parts being transported by the Driver are contained in a lockable firearms case and the case is locked and located in the boot of the vehicle for the duration of the Delivery. Ammunition must also be in a separate lockable firearms case locked and located in the boot of the vehicle for the duration of the Delivery. Prior to Delivery, all Users must familiarise themselves with all laws, rules and regulations regarding the transport of firearms, weapons, firearm or weapon parts, or ammunition.
Hazardous Materials (“hazmat”)
Senders have the responsibility to, and Drivers must check to ensure that, all HAZMAT is properly packaged, labeled, marked, identified and certified in compliance with applicable legal requirements, including having proper shipping papers (where applicable) with emergency response information, an emergency contact telephone number. Prior to Delivery, all Users must familiarise themselves with all laws, rules and regulations regarding the transport of HAZMAT and must not proceed with the Delivery in any other situation.
Accepted Live Animal(s)
Before including any Live Animal(s) in a Delivery, a Sender is required to fully disclose and describe the Live Animal(s) and must fully comply with all restrictions and packing requirements (including use of appropriate cages) with respect to the Live Animal(s) outlined below, as well as all applicable laws and regulations with respect to transporting Live Animal(s). Below is a comprehensive list of Live Animal(s) that may be included in a Delivery. Senders may only include in a Delivery a Live Animal(s) listed below, no other Live Animal(s) may be sent:
- Dogs, puppies, cats, kittens, guinea pigs, hamsters, mice, rabbits, rats, squirrels and flying squirrels, if a household pet and if not excluded in the Prohibited Animal List
- Amphibians (All): Examples: frogs, salamanders, toads (provided they are non-poisonous)
- Crustaceans (All): Examples: crabs, crawfish, lobsters, shrimp
- Birds (All)
- Fish (All)
- Insects (limited to beneficial insects only): Examples: bees, butterflies, crickets, lady bugs
- Mollusks (All): Examples: clams, mussels, snails
- Lizards: Examples: such as chameleons, geckos, iguanas, monitors, flying dragons
- Turtles (Limited to the following): freshwater turtles (except snapping turtles), land tortoises, sea turtles
- Worms (All)
- Snakes (All non-venomous)
Live Animal(s) that are prohibited from being sent and may not be accepted for a Delivery include, but are not limited to:
- Any poisonous, venomous or threatening Live Animal(s)
- Arachnids (All): Examples: mites, scorpions, spiders, ticks
- Crocodiles (All): Examples: alligators, caimans, gavials
- Obnoxious Insects: Examples: flies, locusts, mosquitoes, roaches, termites, weevils
- Snakes (All venomous)
- Any Live Animal(s) that is an Endangered Species
- Any plant pest
Any Driver discovering an undisclosed Live Animal(s) or a prohibited Live Animal(s) in a Delivery shall immediately notify Lonelyseat at firstname.lastname@example.org for further direction.
All Driver’s and Sender’s have a duty and obligation to know and comply with all applicable New Zealand legislation relating to the Delivery of all item(s) contained within a Delivery, whether a Special item(s) or not, including without limitation those laws governing the transportation of item(s), prohibiting the transportation or shipment of certain item(s), restricting the amounts of certain item(s) that can be shipped, and age restrictions. Lonelyseat has no liability or responsibility if a Driver or Sender fails to comply with these T&C or all applicable laws with respect to the inclusion or acceptance of any item(s) contained in a Delivery or during the performance of the Delivery. Lonelyseat is not responsible for the contents or loss of any Prohibited item(s) or any undisclosed Special item(s). Lonelyseat reserves the right to dispose of any Prohibited item(s) in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the any Prohibited item(s), including Delivery to the proper authorities.
Lonelyseat has and takes no responsibility or liability to either Drivers or Senders for the inclusion of any Prohibited item(s) in any Delivery or a Sender’s failure to disclose Special item(s) nor Driver’s or Sender’s failure to comply with all laws applicable to it.
Users Obligations With Respect to Confidential Information. During the performance of a Delivery, Users may have access to the “Confidential Information” of a third-party, including without limitation, the Confidential Information of Senders, and/or Delivery receivers. “Confidential Information” means all information, whether oral, written, whether given via our Services, electronic media or otherwise, to which a User is given access to, or is made available to the User in connection with the performance of a Delivery, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“Personally Identifiable Information”), and any other information, including health information, protected under the Privacy Act 1993 and the Health Information Privacy Code 1994. Confidential Information shall include, without limitation, all information regarding Lonelyseat personnel or customer information of Lonelyseat and/or Users of which a User becomes aware.
Lonelyseat and Users have special obligations with respect to the Protection, Personally Identifiable Information and Protected Health Information and a User is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations will result in the Users permanent removal from the platform and the User may be prosecuted where appropriate.
Personally Identifiable Information. Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognise that non-PII can become PII whenever additional information is made available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. Lonelyseat and Users are under a strict obligation not to use or disclose PII except as necessary to perform and complete a Delivery.
Protected Health Information
If a Driver Delivers item(s) containing prescriptions, medicines or other medical documents, the Driver has access to Protected Health Information. Lonelyseat and Drivers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform and complete a Delivery. In addition, these Drivers must comply with all New Zealand legislation, including by without limitation to the Privacy Act 1993 and the Health Information Privacy Code 1994 Act) as well as any regulations and agency guidance.
During the performance of a Delivery, a Driver may gain knowledge of a third parties’ confidential, proprietary, personally identifiable and/or protected health information. The Driver expressly acknowledges and agree that the Driver is subject to a strict duty to maintain absolute confidentiality of all information and understands that the information must not be disclosed to any other person or used for any other reason than to perform Deliveries under any circumstances.
- Other Driver’s Responsibilities. Permits, Insurance and Health Insurance. Because Drivers are not employed by Lonelyseat when providing Services to Senders, Lonelyseat does not, and has no responsibility to provide or pay for any permit, license or insurance a Driver may need or may be advisable, to perform Services via the Lonelyseat platform. In New Zealand, Drivers are required to be a certain age, and have permits and/or licenses to carry certain Deliveries. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for the Delivery of goods for reward or business purposes.
Lonelyseat does not provide health insurance or any other compensation to Users if they are hurt or injured while performing a Delivery and all Drivers are required to have adequate health insurance prior to performing a Delivery (where applicable). It is a Drivers’ responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to offering on Deliveries. Drivers expressly acknowledge that Lonelyseat does not provide automobile liability or health insurance to Drivers and is not responsible for paying for any liability that may arise from a Driver’s performance of a Delivery, including any bodily injury or damage to property caused by or to the Driver while on a Delivery.
- A Driver must have the required insurance, licenses and permits to carry all Deliveries and item(s) contained in Delivery whether or not listed as a Special item(s).
- All Drivers should check with professionals to ensure that all required insurance, licenses and permits are held before making an offer for a Delivery.
- Lonelyseat has no responsibility or liability for any User not having the proper authority, permits, licenses or insurance to enter into the transactions agreed upon.
Lonelyseat’s Inspect Policy. Lonelyseat’s Inspect Policy means our Senders should always leave (if any) packaging open so that a Driver may inspect the contents before departing from the pick-up point with the Delivery. Where a Sender does not leave or refuses to leave packaging open, a Driver has the right to require the Sender or their representative at the pick-up point to open the packaging as to enable inspection of an item(s) before leaving with the Delivery. Where a Sender refuses, the Driver has the right to refuse to commence Delivery of the item(s).
New In Box item(s) (Damaged)
If all or part of a Delivery contains new-in-box item(s) that have been pre-packaged by the Sender and are not open for a Driver to inspect, a Driver has the responsibility to inspect the outside of the packaging and note any damage by way photographic proof. Irrespective of if the Delivery is pre-packaged or open for inspection, if a Driver does not document any damage to an item(s) prior to accepting the item(s) at the point of pick-up, damage will be deemed to have been caused while in the Driver’s possession and the Driver will be liable therefor.
A Driver is never under an obligation to commence a Delivery and may cancel a Delivery without penalty if a Sender does not allow the inspection where requested.
Packing The Deliveries Generally
Even though we encourage Senders to send their Stuff without packaging, Senders have the responsibility to ensure that protection is used where appropriate to mitigate any damage to item(s) during Delivery. Lonelyseat is not liable for loss or damage to any Delivery which was does not have the appropriate level of protection to withstand damage during transport, or to ensure the safety and integrity of the item(s) in compliance with all applicable laws.
In some cases, conventional packaging (example bubble wrap, boxing) may be appropriate. All packaging for these item(s) should be based on the characteristics of the item(s), in the sole discretion of the Sender. Lonelyseat is unable to determine what packaging is appropriate for any item(s) the Sender sends. Lonelyseat advise the sender to use common sense when using packing for Stuff. The Sender is not protected under its Lonely Cover for any loss of, or damage to, any item(s) that has not been prepared for delivery by way of adequate protection.
Packing Live Animal(s)
All Live Animal(s) must be packed in a cage or box that is adequate enough to contain the Live Animal(s), including taking into account likely bursting and crushing. Packages containing Live Animal(s) requiring moisture during the Delivery must be constructed of water-resistant material such as wax coated, wax impregnated, or plastic corrugated. Ventilation holes should be provided as necessary.
Internal packaging materials must be used based on the characteristics of the Live Animal(s), taking into consideration the necessary humane care for the Live Animal(s) during a Delivery. Lizards and geckos should be individually contained in bags constructed of breathable material, such as burlap. Insects should be contained in individual primary containers such as plastic jars with ventilation. Fish must be double bagged in strong plastic bags with a minimum thickness of 4 mils. Each primary bag should be approximately one third full of water with the remainder filled with oxygen.
Unless otherwise specifically arranged with the Driver, a Sender shall provide Driver with adequate food, water, food and water bowls and any other item(s) required to provide for the needs of the Live Animal(s) during the Delivery. A Sender must also provide Driver with any additional packaging needed to prevent movement of any primary containers or receptacles within the outer box containing a Live Animal(s).
Drivers must transport all Live Animal(s) inside an appropriately heated or air-conditioned vehicle, with all temperature controls in good working order. Under no circumstances may any Live Animal(s) be transported in the boot or boot bed of any vehicle. Drivers are required to provide the Live Animal(s) food and water at regular intervals, and regular stops to allow the Live Animal(s) to relieve itself and otherwise as needed for the Live Animal(s) in the Delivery. Drivers are required to provide any other additional components such as moisture; bedding and securing of packaging within the vehicle should be added as necessary to provide a safe environment during the Delivery.
Lonelyseat Lonely Cover
All items sent using Lonelyseat platform are sent at the "Owners Risk" as outlined under the Carriage of Goods Amendment Act 2013 and by using the platform Senders agree to this. Lonelyseat provides Lonely Cover which is not insurance but protection that a sender may opt for and pay the appropriate fee. Lonely Cover costs $5.00 per Delivery and must be purchased at the time the Delivery is arranged. No Additional Protection can or will be added once the Delivery is accepted. If a Sender opts to use Lonely Cover, Lonelyseat will reimburse a Sender for loss or damage arising from theft or property damage to the Senders’ item(s) during a Delivery and arising directly from a Driver’s negligence, up to a maximum of $2000.00 per item(s).
To qualify for the Lonelyseat Lonely Cover, the Sender must declare the value of the item(s) in the Delivery and comply with any of Lonelyseat’s other requirements when initiating the Delivery in the platform, including taking a picture of the item(s) included in a Delivery. The Sender must complete an online claim form on our platform and provide to Lonelyseat both any packaging used by the Sender (where applicable) for the damaged item(s), proof of value of the damaged item(s), and where applicable, a satisfactory police report.
Please be aware that no matter what the total value the Sender declares for their Delivery or any individual item(s) contained in the Delivery, Lonelyseat’s maximum reimbursement to a Sender for loss or damage to item(s) in the Delivery is $2000.
Limits on Recovery
Lonely Cover limits a Sender’s recovery for loss or damage to certain item(s). If the Sender’s Delivery contains one of the item(s) below, Lonelyseat’s maximum obligation to the Sender for loss or damage to these item(s) is as follows:
- Cheques: If a Delivery containing a cheque is lost or damaged, Lonelyseat will not pay for the face value of the cheque. Lonelyseat’s liability for any Delivery containing a cheque is limited to the cost of stopping payment on and reissuing the cheque. Reimbursement not to exceed $100 per Delivery.
- Coins, currency, postage stamps, negotiable instruments, money orders. No reimbursement.
- Phone Cards, Tickets, Gift Cards, and Similar Cards: Lonelyseat’s liability is limited to the cost of replacing the physical card, certificate, or printed matter. As with cheques, cards, gift certificates, coupons, or similar printed matter. Reimbursement not to exceed $100 per Delivery.
- Live Animal(s): Sender must provide proof of actual value of the Live Animal(s) in the form of an invoice or sales receipt or value of a “like” item(s) that can be verified. Lonelyseat cannot and will not reimburse for any emotional damages related to the loss of a Live Animal(s) life or any other direct or indirect damages related thereto, as such a value is indeterminable. Reimbursement up to the full limits of Lonely Cover.
- Perishable item(s): Perishable item(s) are not covered under Lonely Cover, even if the loss or damage of a perishable item(s) is directly or indirectly due to the packaging of the item(s) or any spoiling or degradation of the item(s). The exception where Lonelyseat will reimburse the Sender up to the Lonely Cover limit (where proof of value is provided) is where the spoiling is due to the Driver’s misconduct, negligence or failure to accomplish Delivery within the time set forth in the request.
- Media: Lonelyseat liability for loss or damage to a Delivery containing media, such as documents, film, or photographs, is limited to the replacement cost of the media on which the content is recorded. Reimbursement up to limits of Lonely Cover.
- Heirlooms, Antiques, One-of-a-Kind: Sender must provide proof of actual value. This proof may come in the form of an invoice, sales receipt, appraisal, or value of a “like” item(s) that can be verified. Lonelyseat cannot and will not reimburse for “sentimental value” or any other related damages related. Reimbursement up to limits of Lonely Cove.
- Unopened, new-in-box consumer electronics: Reimbursement up to limits of Lonely Cover; provided that there is significant visible damage to the packaging of the item(s), which occurred while in the Driver’s possession.
- Used Electronics: “Used” is defined as any item(s) that have been opened and removed from its original packaging, even if never actually used. Reimbursement limited to market value of item as at the discretion of Lonelyseat up to $500 per Delivery. The Sender must provide adequate proof that the item was not damaged/operative at time of pick-up as well as an assessment of the damage by a professional repairer.
- Prohibited and Undisclosed Special item(s): No Reimbursement.
Lonelyseat will not reimburse any Sender for any Delivery or the item(s) in the Delivery in excess of Lonelyseat’s maximum limits, no matter the item(s) actual value. Additionally, Lonelyseat is not liable for loss and/or damage to any Delivery or any item(s) therein if the item(s) are not properly protected to withstand transport (where appropriate).
The Lonely Cover does not apply to any prohibited item(s) or any undisclosed Special item(s) and under no circumstances will Lonelyseat reimburse anyone for loss or damage to a prohibited item(s) or undisclosed Special item(s).
Filing a Claim
A Sender must file a claim within three business days of Delivery. To file a claim the Sender must complete all of the following:
- Collect proof of value documentation for the item(s) that are part of the claim.
- Collect pictures of the item(s) that are part of the claim.
- For a claim related to damaged item(s), obtain and keep the damaged item(s). If Lonelyseat pays out on a claim, the damaged item(s) must be delivered to Lonelyseat and the ownership of the items transfer to Lonelyseat upon payout.
- Fill out the claim form on our platform in the User dashboard and upload any evidence or information as outlined to support the claim.
Lonelyseat aims to resolve Senders claims within five business days after a completed claim form and supporting documentation is received. Lonelyseat will notify Senders of its decision and the amount to be paid. After Lonelyseat have assessed the Senders claim, if the claim is approved, Lonelyseat will release any money still held in escrow to the Sender and pay out to the Sender any additional Lonely Cover. Where a claim is successful a review will be posted against the Driver by admin on their profile.
Proof of Value and Packaging
A Sender must prove the value of the item(s) in the Delivery subject to the claim, regardless of the value declared or Lonely Cover limited entitled to. Lonelyseat will not pay on a claim without proof of the declared value for item(s). The User must also provide documentation that verifies the replacement or repair cost of the item(s) subject to the claim.
As above, a Sender must also provide all packaging (if any) used in the packing of the item(s) subject to the claim or the item(s) themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item(s), the Sender must also provide a satisfactory police report with respect to the lost item(s) or Delivery when submitting a claim.
Repairing or Replacing an item(s)
When repairing or replacing item(s), Lonelyseat may reimburse the Sender in the following ways:
- The lowest price paid for the item(s)
- The replacement cost of the item(s) at the time and place of loss or damage
- The cost of repairing the damaged item(s)
The User must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the item(s) are not repairable, Lonelyseat will pay the actual or replacement value up to the maximum liability under the Lonely Cover.
A Sender must remember to submit all repair quotes as part of the claims process. While Lonelyseat may pay the cost of repair, it is the Sender’s responsibility to have the item(s) repaired.
Loss or Damage to item(s)
This Agreement shall constitute a declared value risk contract for the purposes of the Carriage of Goods Act 1979.
In the event that a item(s) is damaged in transit between the pick-up address and the drop-off address, a User agrees to keep and show Lonelyseat evidence of such damage and the likely value of replacement or repair of the item(s) as relevant.
If a User can provide Lonelyseat with satisfactory evidence that the item(s) was materially damaged or lost in transit between the pick-up address and the drop-off address and the evidence shows that:
such material damage or loss was due to a direct act or omission of a Driver; and
there has been no breach of the Agreement by the User, the User may submit a claim to Lonelyseat, by emailing email@example.com, for the repair or replacement of the item(s). Users acknowledge and agree, however, that Lonelyseats liability to Users under this clause 18 in respect of the item(s) is always subject to the following conditions:
- Lonelyseats liability for the repair or replacement of any one item(s) (that is, any one Delivery Booked by you via the Service) will be limited to a value of equal to the lower of $500 (the declared value) or the actual cost of repair or replacement regardless of the actual value of the item(s) or the actual cost of repair or replacement; Lonelyseats satisfaction that the Driver's act or omission which caused the damage or loss was not reasonable in all the circumstances (e.g. an act or omission may be reasonable if it was done as part of a reflex action or if it is done in response to an immediate threat of harm or danger to any person or property);
- Senders and Drivers allow Lonelyseat reasonable time to investigate and process their claim; When submitting a claim, Users must provide Lonelyseat with satisfactory evidence of the value of the item(s) and the actual cost of repair or replacement of the item(s) before any compensation payment will be made by Lonelyseat; and any evidence provided to Lonelyseat in relation to the damage or loss of the item(s), or the value or cost of repair or replacement of the item(s), will always be conditional on Lonelyseats satisfaction that the evidence is complete, reliable, accurate and valid.
Any claims under this clause 18 must be made within 7 days of the earlier of the delivery or return of the item(s), or when you first became aware of the loss or damage to the item(s) occurring.
Notwithstanding clause 18.2 above, Lonelyseat is not responsible for any loss or damage caused as a result of any of the following:
- provision of the Service, including the Delivery of the item(s) at times outside any times that the User indicates to us that they would like the Service to be provided, including approximate times for pickup and drop-off of the item(s) or
- provision of the Service in accordance with (or not in accordance with) any special instructions that the Sender may have given to Lonelyseat (or the Drivers), whether orally or in writing, unless Lonelyseat have expressly undertaken to the User in writing that Lonelyseat will be so responsible. In the event Lonelyseat undertake to be so responsible, our liability for any loss or damage caused to you as a result of our breach shall be limited to a refund which is later further explained in these T&C.
For the avoidance of doubt, Lonelyseat will not be liable for any losses or damages suffered by a Sender, whether consequential loss, direct or indirect loss as a result of the service provided by a Driver, including the late or non-delivery of the item(s) and the Driver are not liable for any such loss.
Loss or Damage to a Limited Part of item(s)
In the event of loss or damage to a set of item(s), Lonelyseat is only liable for the value of the part of the set that is lost or damaged. Lonelyseat is not liable for the value of the whole pair or set.
In the event of loss or damage to any part of an item(s) (including any part of a machine) that consists of several parts, Lonelyseat is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will Lonelyseat be liable for the value of the complete item(s).
Third-Party Claims Providers
Lonelyseat may use a third-party provider to manage the claims process. In cases of damage to Lonelyseat Special item(s), Lonelyseat will analyse the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.
The Sender and Driver acknowledges and agrees that outside of Lonely Cover, Lonelyseat does not have control over, and has no responsibility for, any damage to the content(s) of a Delivery and that a Driver is solely responsible to a Sender therefore.
Other details regarding the Lonely Cover and claims for loss and damage can be found in our FAQ.
Cancelations and No-Shows
The Sender will receive their money back from escrow and without penalty where:
- The Sender or Driver cancels a booking within 15 minutes of a booking being accepted
- The Sender cancels a booking before the Driver is en-route to collect
- There has been a mutual cancellation agreed between the Sender and Driver
- The Driver has cancelled a booking or the Driver is a No-Show.
The Sender will forfeit 50% of the Delivery Fee if the Sender:
- Cancels 15 minutes after a booking is accepted and prior to 15 minutes of the Delivery time.
The Sender will forfeit 100% of the Delivery Fee if the Sender:
- Cancels 15 minutes or less prior to the Delivery time
- Is considered a No-Show.
A Sender will be considered a No-Show if:
- The Sender is not present at drop-off point at the Delivery time when the Driver arrives (up to 10mins) and no one is available to receive the items (where applicable).
The Sender should make all reasonable efforts to contact the Driver to assist in a successful Delivery.
If a Sender needs or wants to cancel a Delivery, they must cancel the Delivery in our platform as soon as possible. Prompt cancellation will notify the Driver and enable the Driver to accept other Deliveries from other Senders.
Users indemnify Lonelyseat and its officers, directors, employees and agents from and against any loss or damage (including costs and expenses and legal fees on a solicitor-client basis) that Lonelyseat may suffer as a result of any claims, causes of action, suits, proceedings, demands, recoveries, fines or penalties brought by a third party arising out of:
A Users use of the Service, whether directly or indirectly, including the use of the Platform;
A Users breach of the Agreement; and
Users violation of any law or the infringement of any third party rights in connection with your use of Lonelyseat Services.
The obligations under this clause will survive termination of this Agreement.
In the event of a dispute, controversy or claim ("Dispute"), arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, the parties agree to the following dispute resolution procedure:
- the complainant who raises a Dispute must tell the respondent in writing, the nature of the Dispute, what outcome the complainant wants and what action the complainant believes will settle the Dispute ("Dispute Notice");
upon receipt of a Dispute Notice by the respondent, the parties will arrange to meet in good faith to seek to resolve the Dispute amicably by agreement between them; and if the parties will not meet, or cannot agree on how to resolve the Dispute within 2 (two) weeks of the Dispute Notice having been received by the respondent, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the President of the Auckland District Law Society to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation recommended by the mediator, in good faith, to seek to resolve the Dispute through mediation or other alternative dispute resolution processes.
The costs of the mediator will be borne equally by the parties to the dispute.
Any attempts made by the Parties to resolve a Dispute pursuant to this clause shall be without prejudice to any other rights or entitlements of the Parties, by law or in equity. For the avoidance of doubt, nothing in this clause prejudices the right of either Party to seek urgent injunctive, interlocutory or declaratory relief from a court in connection with the Dispute without first having to attempt to resolve the Dispute.
A notice or other communication must be in writing in English and may be served to Lonelyseat personally by post or email to Lonelyseat at:
Name: Lonelyseat Limited
Attention: The Director
Registered Address: Hamilton, New Zealand, 94 London Street
Email Address: firstname.lastname@example.org
The Driver will not receive a penalty for a cancelled Delivery Booking where:
- The Driver or Sender cancels a booking within 15 minutes of a booking being accepted
- The Sender is a No-Show
- There has been a mutual cancellation agreed between the Sender and Driver
- A Sender cancels the Delivery before the Driver is en-route to collect Stuff (after 15 mins of acceptance).
The Driver will receive 100% of the Delivery Fee where the Sender:
- Cancels within 15 minutes of the Delivery drop off time
- Is considered a No-Show.
The Driver will forfeit 100% of the Delivery Fee where the Driver:
- Cancels after 15 minutes of the Delivery booking being accepted
- Is considered a No-Show.
The Driver will be considered a No-Show if:
- The Driver is not present at the drop off point upto 10 minutes after the Delivery Time.
The Driver should make every effort to contact the Sender, who is a No-Show, before leaving the item in a discreet, safe and dry place before departing.
If a Driver needs or wants to cancel a Delivery, they must cancel the Delivery in our platform as soon as possible. Prompt cancellation will notify the Sender and enable the Sender to accept another Driver to Deliver the item.
The Driver will wait for a maximum of 10 minutes at both the pick-up address and the drop-off locations. Drivers acknowledge and accept that if, after 10 minutes, the Authorised Sender or Recipient, as applicable, is not physically present at:
the pick-up address: the Driver will be entitled to leave the pick-up address and the Service Fee will not be refunded to the Sender; or
the drop-off address: the Driver will leave the item(s) with such other person who represents that they are authorised to receive the item(s) or, if there is no such person at the drop-off address, return the item(s) to Lonelyseats depot at a time convenient to the Courier, and await further instructions, and the Service Fee will not be refunded to the Sender and Lonelyseat will charge the additional fees for the process, including for any return trip made by the Courier (such additional fee will normally be equivalent to the amount of the Service Fee for such Booking and you agree to such additional amount being charged to your credit card) and any expenses incurred to store the item(s) prior to its return.
Actions Leading to Suspension and/or Deactivation and/or Permanent Termination of Accounts
Lonelyseat may suspend, deactivate, and/or terminate a Users participation in our Services, remove a Users information from our databases, and advise the Lonelyseat community of a Users actions, if they breach the T&C or any Driver or Sender Agreement to which the User is subject; Lonelyseat is unable to verify or authenticate any information a User provides; Lonelyseat believe that a Users actions may cause financial loss or legal liability for our Users or Lonelyseat, its affiliates, or third party providers, or subject Lonelyseat or a User or any other User to regulation or law by any local government or regulatory agency; or if we suspect that a User has engaged in fraudulent or harmful activity in connection with the Lonelyseat Services.
All Lonelyseat actions taken with respect to the suspension, deactivation, and/or termination of a Users account may be taken in Lonelyseat’s sole discretion, with or without notice and without liability to the User. Other actions that may lead to Lonelyseat suspending, deactivating or terminating the Users account are:
- Cancelations and No-Shows
Lonelyseat has the discretion to suspend or deactivate a Users account upon their 3rd Non-Mutual Cancelation or No-Show.
Lonelyseat has the discretion to suspend or deactivate a Users account if their overall rating is below 4 stars.
- Lonelyseat Lonely Cover Claims
Lonelyseat has the discretion to suspend or deactivate the account of a Driver or Sender that is subject of 2 or more claims under the Lonelyseat Lonely Cover.
Lonelyseat has the discretion to suspend or deactivate the account of a Driver if the Driver does not complete a delivery by way of “mysterious disappearances” of an item(s) in a Delivery.
- Fraudulent Activity, Shipments of Prohibited item(s), Repeat Infringers
Lonelyseat has the discretion to suspend, deactivate and/or permanently terminate and delete a Users account if the User or the Users account is the subject of suspected fraudulent or illegal activity or if Prohibited item(s) are discovered in the Users Delivery.
Additionally, we may, in appropriate circumstances and at our sole discretion, suspend, deactivate or permanently terminate and delete the accounts of any User who may be a repeat infringer of these T&C or any of our other terms or policies.
Lonelyseat reserves the right to terminate any Users account that has been inactive for 180 days.
The User can lose their Username and persona as well as any benefits, privileges, earned item(s) and purchased item(s) associated with their use of the platform or any portion thereof, and Lonelyseat is under no obligation to compensate them for any losses or results.
Without limiting our other remedies, we may withhold Delivery payments, limit, suspend or terminate a Users Service and any User accounts or portions thereof, prohibit access to our sites, and their content (including their own), Services and tools, delay or remove hosted content, and take technical and legal steps to prevent any User from accessing our platform or any portion thereof if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies.
Lonelyseat may reactivate any Driver or Sender account suspended or deactivated by Lonelyseat in its sole discretion.
Billing and Payment
Lonelyseat is not and will not be a party to the agreements between Users for a Driver to perform Delivery Services using Lonelyseats Services, including the Sender’s agreement to pay the Driver. Therefore, all Users of Lonelyseats Services are required to provide their credit card and/or bank account details and other information needed to register the User to Lonelyseat and the Payment Service Provider retained by Lonelyseat, Stripe (the “PSP”). By accepting these T&C, each User agrees to the terms provided for by the PSP. Please note that Lonelyseat is not a party to and has no obligations or liability to any User regarding the PSP.
Senders will be responsible for paying the invoice for each Delivery contracted for (the “Invoice”), which will include the pricing terms of the Delivery as agreed with and provided by a Driver and the fee Lonelyseat assesses for use of its Services (combined, the “Delivery Payment”). Any fees that Lonelyseat may charge a Driver or Sender for their use of our Services, are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of a Users decision to terminate their usage, our decision to terminate the Users usage, disruption caused to Services either planned, accidental or intentional, or any reason whatsoever. Lonelyseat reserves the right to determine final prevailing pricing and the pricing information published on the Lonelyseat platform may not reflect the current pricing.
Users of our Services will be liable for any taxes (including GST, if applicable) required to be paid on the Users use of our Services or on any Delivery Payment received (other than taxes on the Lonelyseat’s income).
Payment, Withholding and Release
If chosen, a Driver is solely responsible for completing Delivery of the stuff as agreed upon before being paid. Within 24 hours after a Sender receives confirmation through our platform for the Driver having completed the Delivery, Lonelyseat will release from escrow Delivery Payment. Lonelyseat, in its sole discretion, may place a hold on a Driver’s Delivery Payment if the Delivery of the stuff is not provided expressly in accordance with the Sender’s directions set forth in the platform and request for Services, and the T&C, and/or Lonelyseat determines it otherwise necessary or advisable to place a hold on the Delivery Payment, including without limitation if Lonelyseat has any suspicion or reason to believe that a Driver or Sender has breached these T&C, including, without limitation by (1) sending or accepting item(s) on the Prohibited item(s) list; (2) establishing an account with Lonelyseat or entering into a Delivery with the purpose of defrauding Lonelyseat or any other party; (3) using a stolen credit card or any other false information to establish an account with Lonelyseat or pay for a Delivery; or (4) otherwise engaging in any questionable or fraudulent activity with respect to the Lonelyseat Services.
Lonelyseat will not release the Sender's payment held in escrow to the Driver until the performance of the Delivery is completed by the Driver as agreed upon herein.
The User hereby grants Lonelyseat permission the right and authority to fully investigate and prosecute violations of any of these T&C (including all documents and agreements referenced or incorporated herein) to the fullest extent of the law, including involving, cooperating or disclosing personal information to law enforcement authorities in connection therewith.
If a Sender chooses to make the Booking Request, by providing Lonelyseat with their credit card details to pay the Service Fee, Lonelyseat reserves the right to use such credit card details to process payment of the Service Fee until the payment has been successfully made. The Sender acknowledges that they are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments.
Lonelyseat reserves the right to retain any credit card details that a Sender provides to us for the purposes of this Agreement, including to process any future payment of fees from the Sender.
Nothing prevents Lonelyseat from taking any action necessary to recover any unpaid Service Fees. The Sender acknowledges and agrees that Lonelyseat are entitled to recover from any User any and all costs incurred by Lonelyseat in recovering unpaid Service Fees from a Sender on a solicitor client basis, including debt collection costs, commissions, legal fees and any out of pocket expense.
The Service Fee and any other sums due to Lonelyseat under this Agreement must be paid without deduction, set-off or counterclaim.
Disclaimer of warranties and limits on Lonelyseat’s liability to the User
Neither Lonelyseat nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of our Services and Lonelyseat and its officers, directors, employees, agents, affiliates and licensors are not to be liable for any loss, claim, injury or damage arising in connection with the Users use of the Services. By using the Services, the User thereby release Lonelyseat, its officers, directors, employees, agents, affiliates and licensors from any liability related to any use of our platform or the conduct or misconduct of a User.
The Services are provided to the User strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Lonelyseat to the maximum extent permitted by applicable law. Lonelyseat makes no warranties or representations about the accuracy or completeness of any content provided through the Services or the content of any websites linked to the Services.
Lonelyseat does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising and Lonelyseat will not be a party to or in any way be responsible for monitoring any transaction between a User and third-party providers of products or Services, other than as provided herein.
Without limiting the foregoing, neither Lonelyseat nor its affiliates or licensors warrant or guarantee:
- that access to the Services will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
- as to the results that may be obtained from the use of the Services;
- that the Services, or the quality of any products, Services, information or other material purchased or obtained by a User through the Services, will meet the requirements or expectations;
- as to the timeliness, accuracy, or reliability of any User;
- as to the timeliness, accuracy, or reliability of our Services, or any information or materials provided through or in connection with the use of the Services;
- as to the completeness or content of any Delivery;
- that the Services are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Services will be corrected; or
- that any personal information supplied by a User will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitations of Liability
Lonelyseat expressly disclaims any liability that may arise between Users of its Services. Use of our Services are entirely at the Users own risk.
The User acknowledges and agrees that Lonelyseat is only willing to provide the Services if the User agrees to certain limitations of our liability to the Users and third parties.
Lonelyseat currently does not and has no obligations to assess the suitability, legality or ability of any User to provide or complete a Delivery and the User expressly waive and release Lonelyseat from any and all liability, claims or damages arising from or in any way related to our Users or a Delivery. The User acknowledges that other Users providing pick-up, carry and Delivery Services requested using the Lonelyseat platform might not be professionally licensed or permitted and may not have the proper insurance. Lonelyseat will not be a party to disputes, negotiations of disputes between any of our Users. The User expressly waive and release Lonelyseat from any and all liability, claims, causes of action, or damages arising from the Users use of our Services, or in any way related to another User or any other third party introduced to the User by our Services, or otherwise.
Therefore, the User agrees not to hold Lonelyseat, its affiliates, its licensors, its partners in promotions, sweepstakes or contests, or any of these parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to the Users or any other party’s use of or inability to use the Services , including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Lonelyseat or its affiliates or licensors and any destruction of the Users information.
Under no circumstances will Lonelyseat, its affiliates, its licensors, or any of these parties’ agents, employees, officers, directors, corporate partners, or participants be liable to a User or any third party for any indirect, incidental, consequential, punitive, special or exemplary damages arising in connection with the Users use of or inability to use the Services, any reliance placed by the User on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between a Driver, Sender, any third party service provider, advertiser or sponsor whose advertising appears on the platform or is a User of the Services including for personal injury, loss of data, revenue, profits, use or other economic advantage, even if all parties have been previously advised of the possibility of these damages.
If, notwithstanding the foregoing exclusions, it is determined that Lonelyseat or its affiliates, its licensors, or any of these parties’ agents, employees, officers, directors, corporate partners, or participants are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by the User or to the User during the six (6) months prior to the time this claim arose.
Ownership - Lonelyseat owns all intellectual property rights in and to the Services, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and the Drivers and Senders use of the Services gives the Driver and Sender no rights therein.
Platform and Services License
Lonelyseat owns and retains ownership in the Lonelyseat Services, and all intellectual property and proprietary rights therein. Contingent upon the Users compliance with the T&C, Lonelyseat hereby grants to the User a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services on any Device that the User owns or controls including, but not limited to, any Android Device and/or any iPhone or iPod touch that the User owns or controls. This license does not allow the User to use the Services on any Device that they do not own or control. The terms of the license will govern any upgrades provided by Lonelyseat that replace and/or supplement the Lonelyseat Services, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern. Lonelyseat reserves the right to stop offering and/or supporting our platform or any particular portion or part of our Services at any time, at which point the Users license to use the Service or a part thereof will be automatically terminated. In this event, Lonelyseat shall not be required to provide refunds, benefits or other compensation to Users in connection with discontinued Services.
The User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the platform in any way; (ii) modify or make derivative works based upon the platform; (iii) create Internet “links” to the Services or “frame” or “mirror” any app or website on any other server or wireless or Internet-based device; (iv) reverse engineer or access the platform to copy any ideas, features, functions or graphics of the Services whether to build competitive products or Services using similar ideas, features, functions or graphics of the Services , or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Services (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second; (vi) attempt to gain unauthorised access to the Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to the use of the Services; or (vii) use our Services to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Licenses Granted by Lonelyseat in Content
Subject to a Users compliance with the T&C, including without limitation Driver and Sender Agreements, Lonelyseat grants a User a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Lonelyseat makes available through the Services, including any Content licensed from a third party (“Lonelyseat Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services, including any questions, comments, suggestions, ideas, feedback or other information about the Lonelyseat Services (“User Content” and with Lonelyseat Content collectively, “Collective Content“); and (ii) to view any User Content to which the User is permitted access solely for their personal and non-commercial purposes. The User has no right to sublicense these license rights granted by Lonelyseat above.
Lonelyseat Content may be used solely for the Users personal and non-commercial purposes. The User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in the T&C. No licenses or rights are granted to the User by implication or otherwise under any intellectual property rights owned or controlled by Lonelyseat or its licensors, except for the licenses and rights expressly granted in the T&C.
The User agrees that Lonelyseat has no responsibility to, and may not, monitor their access to or use of Collective Content or review or edit any Collective Content. Lonelyseat reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Lonelyseat, at its sole discretion, considers to be in violation of these T&C or otherwise harmful to the Services.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Services, the User hereby grants to Lonelyseat a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit this User Content. Lonelyseat shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to the User. Lonelyseat claims no ownership rights in any User Content and nothing in the T&C will be deemed to restrict any rights that the User may have to use and exploit a Users Content.
The User acknowledges and agrees that the User is solely responsible for all User Content that the User makes available through the Services. By posting or making available any User Content, they represent and warrant that: (i) the User is the sole and exclusive owner of all User Content that they make available or post or the Users have all right, license, consent and release that are required to grant to Lonelyseat full rights in this User Content, as contemplated under the T&C; and (ii) neither the User Content nor the Users posting, uploading, publication, submission or transmittal of the User Content or Lonelyseat’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Lonelyseat respects copyright law and the intellectual property of others and expects its Users to do the same. Lonelyseat will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If the User believes, in good faith, that any materials on the Services infringe upon the Users copyrights, please send the following information to Lonelyseat’s Copyright Agent at contact@Lonelyseat.co.nz:
- A description of the copyrighted work that the User claims has been infringed, including sufficient information to locate the specific place on our Services where the material is located. Please include sufficient information to locate the material and explain why the User thinks an infringement has taken place;
- A complete description of the location where the original or an authorised copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
- The Users address, telephone number, and e-mail address;
- A signed statement by the User that, in good faith, the User believes that the disputed use is not authorised by the copyright owner, its agent, or law;
- A statement by the User, made under penalty of perjury, that the information in their notice is accurate, and that the User is the copyright owner or authorised to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
Other Third Party Interactions
During use of the Services, the User may enter into correspondence with, purchase goods and/or Services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or Services through our Services. Any activity, and any terms, conditions, warranties or representations associated with any activity, is solely between the User and the applicable third-party. Lonelyseat and its licensors shall have no liability, obligation or responsibility for any correspondence, purchase, transaction or promotion between the User and any third-party. Lonelyseat does not endorse any sites on the Internet that are linked through the Services, and in no event shall Lonelyseat or its licensors be responsible for any content, products, Services or other materials on or available from these sites or third party providers. Lonelyseat provides the Services to the User pursuant to the T&C provided that certain third-party providers of goods and/or Services may require the Users agreement to additional or different T&C prior to the Users use of or access to these goods or Services. Lonelyseat has no responsibility or liability arising from any agreements between the User and third party providers.
Lonelyseat may rely on third party advertising and marketing supplied through our Services and other mechanisms to subsidise our Services. By agreeing to these T&C the User agrees to receive this advertising and marketing. If the User does not want to receive our advertising the User should notify us in writing. Lonelyseat reserves the right to charge the User a higher fee for the Services should the User choose not to receive these advertising Services, if offered.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and must agree to receive SMS messages in order to use our Services. A User can get notifications regarding a Delivery, as determined by Lonelyseat. Message and data rates may apply. If the User changes their mobile phone service provider all SMS messaging Services from Lonelyseat may be deactivated and the User will need to re-enroll in the SMS notification service. Lonelyseat reserves the right to cancel the notification service at any time.
Notices to The User
Lonelyseat may give Users general notice regarding the Services, these T&C, Drivers or Senders Agreements, or otherwise via electronic mail to their email address on record in Lonelyseat’s account information, or by written communication sent by mail or pre-paid post to the Users address on record in Lonelyseat’s account information. Notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email). The User may give notice to Lonelyseat (notice shall be deemed given when received by Lonelyseat) at any time by email.
A User may not assign their responsibilities, duties and obligations (or any portion thereof) as set forth in these T&C, including in any Driver or Sender Agreement, as applicable, to any party without the prior written approval of Lonelyseat in each instance. Any purported assignment in violation of this section shall be void.
The User agrees to comply fully with all New Zealand laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, these laws and regulations. By using our Services, the User represents and warrants that: (i) The User is not located in another country other than New Zealand; and (ii) The User is not listed on any New Zealand list of prohibited or restricted parties.
No joint venture, partnership, employment, or agency relationship exists between the User, any other User, Lonelyseat or any third party provider as a result of a User entering into a Driver or Sender Agreement or their use of the Services. If any provision of these T&C or any Driver or Sender Agreement is held to be invalid or unenforceable, this provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these T&Cs, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Lonelyseat to enforce any right or provision in these T&C, any Driver or Sender Agreement shall not constitute a waiver of the right or provision unless specifically acknowledged and agreed to by an authorised person from Lonelyseat in writing. Unless Lonelyseat has entered into a separate written agreement with a User addressing their use of the Services, these T&C and agreements referenced herein, including without limitation the Drivers and Senders Agreements, comprise the entire agreement between our Users and Lonelyseat superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Lonelyseat regarding a Users use of the Lonelyseat Services.
Lonelyseat Drivers Agreement
This Lonelyseat Drivers Agreement is a part of Lonelyseat’s T&C located and is incorporated therein by this reference. By using our Services, each Driver agrees, represents, warrants, acknowledges and agrees that:
- Driver is a third-party independent contractor with respect to any and all Deliveries performed and is not and shall not be deemed to be an employee, agent or representative of Lonelyseat. No Services provided by Driver via the Lonelyseat platform nor any action taken pursuant to these T&C shall create an employment relationship between Lonelyseat and Driver or Driver and any Sender. No Driver is entitled to any employment rights or benefits from, or sponsored by, Lonelyseat or any Sender, including, without limitation, employee, pension, health or welfare benefit plans, programs or arrangements of Lonelyseat, Senders or their affiliates or subsidiaries. Driver will not make any representations regarding Lonelyseat, the Services or his/her status as a Driver. A Driver shall not have any right to enter into any contract or commitment in the name of, or on behalf of, or to bind Lonelyseat or any Sender in any respect whatsoever.
- Under NO circumstances may a Driver provide Delivery Services via the Lonelyseat platform in excess of legal driving restrictions per calendar week.
- Driver is at least 16 years of age, or is 18 years of age or older if a higher age is legally required to carry certain Deliveries including Special item(s) and otherwise has all right and authority to lawfully provide the Services agreed to when accepting a Delivery hereunder. Driver possesses a valid Driver’s license and has all other required licenses, permits, approvals and authorisations to accept and complete a Delivery as contracted through the platform and will not accept these Deliveries without possessing valid licenses, permits, approvals or authorisations for the same.
- Driver owns, or has the legal right to operate, the vehicle used in a Delivery, and has a valid policy of auto liability insurance covering any vehicle used during a Delivery with coverage in types and amounts required by, or consistent with, all applicable legal requirements and industry standards (including without limitation commercial auto insurance when applicable) and is named or scheduled on the insurance policy. Any vehicle used during a Delivery shall meet all applicable industry safety standards and statutory requirements. Driver must have in his possession at all times during a Delivery proof of all required licenses and insurance. Driver is solely responsible for any and all liability, which results from or is alleged as a result of the operation of the vehicle used during a Delivery, including, but not limited to personal injuries, death and property damages. Driver is responsible for and will make all necessary contacts with insurance carriers in the event of a motor vehicle accident or claims against a Driver’s insurance policy for damage or injury during a Delivery.
- All vehicles used by Driver during a Delivery shall be in good operating condition and, on the outside, clean and well maintained without material physical damage, and on the inside smoke and odor free, and free of excessive pet dander, at all times during the Delivery. Vehicles will not display any indication of Services being performed.
- Drivers will not wear clothing displaying the logo or brand of any company or entity, whether or not belonging to the Driver’s employer, or other clothing, which could be deemed offensive.
- Drivers shall not smoke at any time during a Delivery, including on the way to pick up a Delivery.
- Drivers, while providing Services, shall not participate in any activities that will take the focus off their assigned responsibilities or be under the influence of any illegal drugs and/or alcohol.
- Drivers shall abide by all laws regarding talking or texting while driving.
- Drivers shall not enter Delivery recipient’s home, solicit tips from Delivery recipients nor enter or access any secure, private or employee only areas in any place of business (including airports) while Delivering a Delivery under any circumstances.
- Drivers are required to visually inspect item(s) prior to leaving with the item(s) and must take pictures of any visible damage. If Driver fails to inspect it is done at Driver’s own risk. Drivers will be held liable for property damage that occurs between pick up and drop off if no evidence of prior damage exists.
- Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- Driver will not collect or store the name, address, phone number or other personal or confidential information of any User or Delivery recipient and will not use any personal or confidential information of any User or Delivery recipient except as necessary to perform and complete the performance of the Delivery. The Driver expressly acknowledges and agrees that they are subject to a strict duty to maintain the absolute confidentiality of this personal information and the Driver understands that all this information must not be disclosed to any other person.
Lonelyseat Senders Agreement
This Senders Agreement is a part of Lonelyseat’s T&C and is incorporated therein by this reference. By using our Services, each Sender agrees, represents, warrants, acknowledges and agrees that:
- Sender is at least 16 years of age and has all right and authority to lawfully use the Services or otherwise has the full right and authority to contract for the Delivery and send all item(s) contained in a Delivery.
- Sender will specifically list, photograph and disclose to the Driver, prior to the Driver accepting the Delivery, all item(s) included in the Delivery will not include in any Delivery any “Prohibited item(s)” as listed in the T&C, whether consented to by a Driver or not. Sender acknowledges and agrees that Lonelyseat is not responsible for the contents or loss of any Prohibited item(s). Lonelyseat reserves the right to dispose of the item(s) in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the item(s), including Delivery to the proper authorities.
- Sender acknowledges and agrees to Lonelyseat’s Open Box Policy and will allow a Driver to visually inspect all item(s) in a Delivery prior to departing with the Delivery.
- Unless Sender has a separate special written agreement with Lonelyseat, Sender will not include in any Delivery any “Special item(s)”. Sender acknowledges and agrees that Lonelyseat is not responsible for the contents or loss of any so included Special item(s). Lonelyseat reserves the right to dispose of any unauthorised Special item(s) in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the item(s), including Delivery to the proper authorities.
- Sender has the responsibility to properly pack all item(s) in a Delivery, including Live Animal(s), sufficient to withstand transport, ensure the safety and integrity of the item(s) and in compliance with all applicable laws. Sender acknowledges and agrees that the Lonelyseat Lonely Cover does NOT cover reimbursement for any loss or damage to any Delivery resulting from (1) any breach of this Agreement or the T&C; (2) sending any item(s) on the “Prohibited item(s)” list; or (3) inadequate packaging (where applicable)
- Sender acknowledges and agrees that the Lonelyseat’s maximum liability under its Lonely Cover is $2000 per Delivery.
- Sender will only contract for or arrange a Delivery (or other similar Services) with a Driver through Lonelyseat’s Services and will not knowingly engage a Driver who has Delivered a Delivery for Sender prior to perform Delivery Services outside of the Lonelyseat platform.
- Sender will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.