Introduction and Acceptance

These Terms and Conditions (“Agreement”) govern your access to and use of the delivery services made available by Obtener Ltd (“Obtener,” “we,” “us,” or “our”) through the Obtener mobile application, website, and associated systems (collectively, the “Platform”).

By registering, accepting delivery assignments, or using the Platform as a driver, you confirm that you have read, understood, and agree to be bound by this Agreement, along with our Privacy Policy. If you do not agree to these terms, you may not use the Platform to provide delivery services.

We may update or modify this Agreement from time to time. We will notify you of any material changes via the Platform or by email. Continued use of the Platform after such notice constitutes your binding acceptance of the updated terms.

This Agreement is effective between you and Obtener Ltd, a company registered in New Zealand.

1. Definitions

• “Agreement” refers to this Driver Agreement between the Driver and Obtener Ltd.

• “Obtener Ltd” or “Obtener” refers to the company that operates the delivery platform connecting Drivers, Retailers, and Customers in New Zealand.

• “Platform” means the mobile application and associated website developed and maintained by Obtener Ltd, through which delivery opportunities are offered.

• “Driver” or “you” refers to the independent delivery contractor entering into this Agreement with Obtener Ltd.

• “Retailer” means any business or store that uses the Platform to offer goods for delivery by Drivers.

• “Customer” means the end user who places an order through the Platform for goods to be delivered by a Driver.

• “Services” refers to the delivery services provided by the Driver in response to delivery opportunities offered via the Platform.

2. Scope of Services

Obtener Ltd operates a digital platform (“the Platform”) that enables users to request the delivery of goods from participating retailers. Through the Platform, delivery oppor- tunities are made available to drivers who are active and eligible to receive them.

Drivers are free to choose when to make themselves available on the Platform, and whether or not to accept any given delivery opportunity. Nothing in this Agreement shall be construed as creating any obligation on the driver to accept a minimum number of deliveries, nor does Obtener Ltd guarantee any particular volume of delivery opportunities.

Each accepted delivery constitutes a separate engagement to provide delivery services in accordance with the terms outlined in this Agreement. Drivers are responsible for collecting the item(s) from the designated retailer and delivering them to the customer within the time and manner reasonably expected, using their own means of transport.

Drivers are not employees, agents, or representatives of Obtener Ltd. They operate independently and are responsible for determining the manner, route, and timing of each delivery, subject to the requirement that all deliveries be completed safely, lawfully, and in accordance with platform standards.

Nothing in this Agreement restricts drivers from working with other delivery platforms, businesses, or clients. Drivers are free to accept or reject delivery opportunities at their sole discretion, and may use the Platform on a flexible, non-exclusive basis.

3. Relationship of the Parties

Nothing in this Agreement shall be construed to create an employment, partnership, joint venture, or agency relationship between the Driver and Obtener Ltd. The Driver acknowledges that they are an independent contractor and not an employee of Obtener Ltd, and that no employment, tax, or entitlement relationship exists as a result of this Agreement.

The Driver is solely responsible for determining the manner, timing, and means of per- forming delivery services through the Platform, subject only to the terms outlined in this Agreement. Nothing in this Agreement shall be interpreted as restricting the Driver’s right to engage in other business activities, including the use of competing platforms.

4. Onboarding and Eligibility

To access and use the Platform as a driver, individuals must complete the onboarding process established by Obtener Ltd. This includes submitting accurate personal and vehicle information, providing proof of identity, and passing all necessary verification checks.

Eligibility to use the Platform is subject to the following conditions:

• The driver must be at least 18 years of age.

• The driver must possess a valid driver’s license and any applicable vehicle registration or documentation required under New Zealand law.

• The driver must have legal authorisation to work as an independent contractor in New Zealand.

• The driver must successfully pass any background checks, right-to-work verifications, or other screening measures as required by Obtener Ltd or under applicable law.

• The driver must maintain a personal mobile device with mobile data access capable of running the Platform application.

Obtener Ltd reserves the right to decline or revoke access to the Platform at any time where the driver no longer meets the eligibility criteria, where false or misleading in- formation has been provided, or where the driver’s continued use of the Platform may present a safety, legal, or reputational risk.

Obtener Ltd reserves the right to conduct additional background checks, right-to-work verifications, or eligibility reviews at any time while a driver is active on the Platform. Continued use of the Platform may be subject to satisfactory results from such checks, and drivers must cooperate fully in providing any necessary documentation or information when requested.

Continued access to delivery opportunities on the Platform is conditional on maintaining an active status and compliance with the terms of this Agreement and any additional policies communicated by Obtener Ltd.

Insurance Requirements:

Drivers are responsible for ensuring that their vehicle is appropriately insured for use in connection with delivery services provided through the Platform. While vehicle insurance is not legally required under New Zealand law, Obtener Ltd strongly encourages all drivers to maintain at least third-party liability insurance to protect themselves and others in the event of an accident, loss, or damage.

Obtener Ltd does not provide insurance coverage for drivers or their vehicles. By using the Platform, drivers acknowledge that they operate as independent contractors and are solely responsible for any legal or financial consequences arising from the use of their vehicle during the performance of services.

Drivers may be asked to provide proof of insurance and must notify Obtener Ltd immediately of any lapses or changes to their insurance status. Failure to do so, or engaging in delivery activity without appropriate coverage, may result in suspension or termination of access to the Platform.

Drivers are responsible for notifying their insurance provider that they are using their vehicle for delivery services and must ensure that their policy provides adequate coverage for such activity. Obtener Ltd is not responsible for any claims denied due to misrepresentation or failure to disclose the nature of vehicle use. The driver assumes full liability for any legal, financial, or insurance-related consequences arising from their use of a vehicle in connection with the Platform.

Use of Equipment:

Drivers are responsible for obtaining and maintaining all equipment necessary to access and use the Platform and to complete deliveries. This includes, but is not limited to, a personal mobile phone with mobile data access, a reliable means of transport, and any accessories required to safely carry and deliver items.

Obtener Ltd does not supply or reimburse any equipment or tools used in connection with delivery services. Drivers are expected to ensure that their equipment is in good working order and suitable for performing delivery tasks.

Failure to maintain the necessary equipment may result in inability to access delivery opportunities or removal from the Platform.

Drivers are also responsible for ensuring that any vehicle or equipment used in connection with delivery services is safe, roadworthy, and compliant with all applicable legal requirements, including valid registration and warrant of fitness (WoF).

Drivers must ensure their vehicle is maintained in a condition suitable for safely performing deliveries. Obtener Ltd does not assume responsibility for any fines, mechanical failures, or legal issues arising from the condition or use of the driver’s vehicle.

Delegation and Substitute Drivers

Drivers must not allow any other person to access their account or perform deliveries on their behalf without prior written approval from Obtener Ltd. Any approved substitute must meet all onboarding and eligibility requirements applicable to Drivers under this Agreement.

The Driver is responsible for all actions taken through their account, including those of any substitute who is approved to operate on their behalf.

5. Payment Terms

Drivers are compensated for each completed delivery in accordance with the applicable rates and payment structure communicated by Obtener Ltd. These rates may vary de- pending on factors such as distance, delivery complexity, promotional bonuses, or other incentives that may be offered from time to time.

Earnings for each delivery will be visible through the Platform upon acceptance of the delivery opportunity and confirmed after successful completion of the task. Drivers acknowledge that the total earnings may include base pay and, where applicable, promotional or performance-based incentives.

All payments are made weekly via electronic transfer to the bank account provided by the driver during onboarding. It is the driver’s responsibility to ensure that their payment information is accurate and up to date.

Drivers acknowledge that Obtener Ltd may deduct a platform service fee or commission from each delivery payment. The specific service fee amount or calculation method will be clearly communicated to drivers in advance and may be subject to adjustment upon notice.

Drivers are responsible for any tax obligations that arise from earnings generated through the Platform. Obtener Ltd does not withhold income tax, GST, or ACC contributions on behalf of drivers and makes no representations regarding tax treatment or liabilities.

Tips received through the Platform, if applicable, will be paid in full to the driver and not subject to any commission or deduction by Obtener Ltd.

6. Tax and Invoicing

You may cancel an order through the Platform at any time before the retailer has accepted and begun preparing the order. Once preparation has commenced, cancellations may not be possible, and you may be charged the full amount.

Refunds, if applicable, are issued at the discretion of Obtener Ltd and may also be subject to the policies of the relevant retailer. Refund eligibility may depend on factors including, but not limited to, order preparation status, retailer policies, service disruptions, and compliance with this Agreement.

All refund requests must be submitted through the Platform or by contacting customer support. Refunds will be processed to the original payment method whenever possible.

7. Platform Modifications

Drivers agree to perform all deliveries accepted through the Platform in a safe, professional, and respectful manner. Drivers must comply with all applicable New Zealand laws and regulations, including those related to road safety, licensing, insurance, and vehicle operation.

While using the Platform and completing deliveries, drivers must:

• Ensure that items are transported securely and delivered to the correct customer and address as indicated in the Platform.

• Communicate courteously with customers, retailers, and support staff.

• Refrain from engaging in any behaviour that may be unsafe, inappropriate, discriminatory, or harassing.

• Not use the Platform while under the influence of drugs or alcohol, or in any state that may impair judgment or performance.

• Immediately report any incidents, accidents, or issues that occur during a delivery through the appropriate support channel in the Platform.

• Use the Platform only through the registered driver’s personal account. Account sharing or impersonation is strictly prohibited.

• Maintain accurate account and delivery information at all times.

Obtener Ltd reserves the right to investigate any reports of misconduct or breach of these obligations and may suspend or terminate access to the Platform in response to confirmed violations, in accordance with the termination provisions of this Agreement.

Nothing in this section limits the driver’s independence or control over how they choose to carry out deliveries, provided they do so in a manner consistent with applicable law and this Agreement.

Drivers must not use the Platform to solicit customers, promote competing services, or divert business away from Obtener Ltd. This includes any attempt to arrange deliveries outside the Platform with customers or retailers first contacted through the Platform.

Such conduct undermines the integrity of the service and may result in immediate suspension or termination of access.

8. Liability and Disclaimers

Drivers acknowledge that they provide delivery services as independent contractors and assume all risks related to the provision of those services, including but not limited to traffic conditions, road hazards, weather, and interactions with third parties.

Obtener Ltd does not guarantee the availability of delivery opportunities or uninterrupted access to the Platform. The Platform may be subject to temporary outages, maintenance, updates, or unforeseen technical issues.

To the fullest extent permitted by law, Obtener Ltd disclaims all warranties, express or implied, in connection with the Platform and the services provided by drivers. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

Obtener Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to a driver’s use of the Platform or performance of delivery services. This includes, without limitation, loss of income, loss of data, or property damage.

In no event shall the total liability of Obtener Ltd arising out of or relating to this Agreement exceed the total amount paid to the driver through the Platform in the three-month period immediately preceding the event giving rise to the claim.

Nothing in this Agreement shall limit or exclude any liability that cannot be lawfully limited or excluded under applicable New Zealand law.

Indemnification:

To the extent permitted by law, the driver agrees to indemnify, defend, and hold harmless Obtener Ltd, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with:

• The driver’s use of the Platform or performance of delivery services;

• Any breach of this Agreement by the driver;

• Any violation of law or third-party rights committed by the driver in connection with their use of the Platform.

This indemnity survives the termination of this Agreement.

9. Term and Termination

This Agreement shall remain in effect from the date the driver is approved to use the Platform and shall continue unless and until terminated by either party in accordance with the terms below.

Termination by the Driver:

The driver may terminate this Agreement at any time by deactivating their account through the Platform or by providing written notice to Obtener Ltd.

Termination by Obtener Ltd:

Obtener Ltd may suspend or terminate this Agreement, or the driver’s access to the Platform, with or without notice, if:

• The driver breaches any term of this Agreement or any applicable law;

• The driver engages in conduct that may pose a risk to customers, retailers, or the reputation of the Platform;

• The driver provides false or misleading information during onboarding or while using the Platform;

• Continued use of the Platform by the driver is reasonably determined to present a legal, safety, or reputational risk to Obtener Ltd.

Obtener Ltd also reserves the right to terminate this Agreement at its discretion with reasonable notice, even in the absence of misconduct. Where practical, Obtener Ltd will notify the driver in advance of suspension or termination. However, immediate suspension or termination may occur in serious cases.

Review and Appeal Process:

Drivers who believe their account was deactivated or terminated in error may request a review by contacting Obtener Ltd through the designated support channel. While review is not guaranteed to result in reinstatement, the matter will be considered in good faith.

Effect of Termination:

Upon termination, the driver’s access to the Platform will be revoked, and any unpaid earnings for completed deliveries will be settled in accordance with the Payment Terms section of this Agreement.

Termination of this Agreement does not affect any rights or obligations that arose prior to the termination date. Any clauses that by their nature are intended to survive termination (including those related to confidentiality, payment obligations, and indemnities) shall remain in effect.

10. Communication and Support

All primary communication between the driver and Obtener Ltd shall occur through the Platform. This includes delivery instructions, updates, notifications, and general system alerts. Drivers are responsible for ensuring that they maintain a functioning mobile device with notifications enabled and regularly check the Platform for new information.

Support for operational or technical issues is available through the in-app help or support function. Drivers may also contact Obtener Ltd by email or other contact methods as specified in the Platform.

Drivers agree to receive communications from Obtener Ltd via email, in-app messaging, or SMS, including notices regarding updates to this Agreement, changes to Platform functionality, and information relevant to their use of the Platform.

Obtener Ltd will make reasonable efforts to respond to driver support queries in a timely and respectful manner. However, response times may vary based on the nature of the issue and the volume of support requests.

It is the driver’s responsibility to ensure that their contact information is accurate and kept up to date at all times.

Support Escalation and Account Review:

Drivers who experience issues with the Platform or who wish to raise concerns regarding their account status may contact Obtener Ltd through the in-app support feature or via any other official support channel provided.

In the event of an account suspension or deactivation, drivers may request a review of the decision by submitting a support ticket through the Platform. Obtener Ltd will consider all relevant information and provide a response within a reasonable time-frame.

Obtener Ltd is committed to fair and respectful treatment of all drivers and will make reasonable efforts to ensure that decisions regarding platform access are transparent and proportionate.

This clause does not guarantee reinstatement and does not affect the rights of Obtener Ltd under the Termination provisions of this Agreement.

11. Privacy and Data Handling

Obtener Ltd collects, uses, and stores personal information related to drivers in accordance with its Privacy Policy, which is available through the Platform and website and may be updated from time to time.

By using the Platform, drivers consent to the collection and use of their information, including but not limited to their name, contact details, location data, delivery history, and performance metrics, for the purposes of enabling delivery services, facilitating payments, preventing fraud, supporting customer service, and ensuring platform safety and compliance.

The Platform may use real-time GPS tracking and order history data to support accurate delivery execution, enhance customer experience, and verify performance. Drivers acknowledge and consent to this tracking as a condition of using the Platform.

Obtener Ltd may also collect and process data relating to customer feedback and compliance with platform standards. This information may be used to assess driver performance and determine continued access to the Platform.

Drivers must not use, retain, or disclose any personal information of customers or retailers obtained through the Platform except as necessary to complete the relevant delivery. Any unauthorised use, access, or misuse of such information is a serious breach of this Agreement and may result in immediate termination and potential legal consequences.

Drivers are responsible for complying with applicable privacy laws when handling personal data and must report any data security concerns or breaches to Obtener Ltd without delay.

Data Protection and Breach Reporting:

Drivers must comply with all applicable privacy and data protection laws when handling any personal information obtained through the Platform. This includes taking appropriate measures to safeguard the confidentiality and security of customer, retailer, and platform-related data.

In the event of any suspected or actual unauthorised access, loss, misuse, or disclosure of personal information, drivers must notify Obtener Ltd without delay. Drivers are expected to cooperate fully with any internal investigation or remedial action taken in response to such an incident.

Obtener Ltd reserves the right to suspend or terminate access to the Platform where a driver fails to comply with these obligations or where a data breach presents a legal, safety, or reputational risk.

12. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or the relationship between the Driver and Obtener Ltd (including any services provided thereunder), the parties agree to first attempt to resolve the matter informally and in good faith through direct communication.

If the dispute cannot be resolved informally within 30 days, the parties agree to submit the matter to confidential and binding arbitration, conducted in accordance with the Arbitration Act 1996 (NZ), unless otherwise required by law. Arbitration shall be held in Auckland, New Zealand, and conducted by a single arbitrator mutually agreed upon by both parties. If the parties cannot agree on an arbitrator, one shall be appointed by the New Zealand Dispute Resolution Centre.

Scope:

This clause applies to all disputes between the Driver and Obtener Ltd, including but not limited to those arising under contract, tort, equity, statute, or otherwise. It covers issues related to classification, earnings, platform access, termination, privacy, and services provided through the Platform.

Waiver of Class or Collective Proceedings:

To the fullest extent permitted by law, both parties waive any right to bring or participate in a class action, collective proceeding, or representative action in connection with any dispute.

Equitable Relief:

Nothing in this dispute resolution section limits either party’s right to seek urgent relief through the courts where appropriate. This includes, but is not limited to, situations involving actual or threatened misuse of confidential information, personal data, or intellectual property.

Both parties acknowledge that certain breaches may cause immediate and irreparable harm that cannot be adequately remedied through arbitration alone. In such cases, either party — including Obtener Ltd — may apply to a New Zealand court for injunctive or equitable relief without waiving the obligation to resolve all other matters through arbitration.

13. Intellectual Property

All rights, title, and interest in and to the Platform, including its software, branding, content, and associated materials, are either owned by or licensed to Obtener Ltd.

Drivers are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for the purpose of providing delivery services in accordance with this Agreement. This license does not confer any ownership interest or rights to the Platform or any of its components.

Drivers must not copy, modify, decompile, reverse engineer, create derivative works from, exploit, or otherwise interfere with the functionality, source code, security features, or infrastructure of the Platform. Any unauthorised use of the Platform is strictly prohibited and may result in immediate termination of access and legal action.

Use of Obtener branding, logos, or promotional materials in any public or commercial capacity is not permitted without prior written authorisation from Obtener Ltd. This does not apply to materials officially provided by Obtener Ltd (e.g. stickers, decals) for use as part of an approved program or promotion.

14. Ratings and Feedback

Obtener Ltd may collect ratings, reviews, or other forms of feedback from customers and retailers in relation to completed deliveries. This information helps maintain service quality and identify areas for improvement across the Platform.

Drivers acknowledge that their performance may be monitored based on this feedback and other metrics, and that continued access to the Platform may depend in part on maintaining a satisfactory standard of service.

All feedback, ratings, and related performance data are the property of Obtener Ltd and may be used at its discretion for operational, quality control, or account management purposes. Drivers are not entitled to access, modify, or delete feedback submitted by other users.

Obtener Ltd is committed to reviewing feedback fairly and maintaining reasonable performance expectations consistent with a flexible, independent contractor model.

15. Miscellaneous Provisions

Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.

Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any legal proceedings arising out of or related to this Agreement that are not subject to arbitration shall be brought exclusively in the courts of New Zealand.

Severability:

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Assignment:

Drivers may not assign or transfer this Agreement, or any rights or obligations under it, without prior written consent from Obtener Ltd. Obtener Ltd may assign this Agreement without restriction.

Survival:

Any provisions of this Agreement that by their nature are intended to survive termination (including but not limited to payment obligations, confidentiality, and limitation of liability) shall continue to apply after termination.

Waiver:

Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

Modifications:

Obtener Ltd reserves the right to modify the terms of this Agreement periodically. Notice of any material changes will be provided to drivers through the Platform or via email. Continued use of the Platform after notice of such changes constitutes acceptance of the modified Agreement.

Drivers who do not agree to the updated terms may terminate this Agreement at any time by ceasing use of the Platform and notifying Obtener Ltd.

Limitation of Claims:

To the extent permitted by law, any claim or cause of action by the Driver against Obtener Ltd arising out of or relating to this Agreement must be filed within six (6) months after the event giving rise to the claim occurred. Any claim not brought within that time-frame shall be deemed waived.