WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to https://shippler.com.au (the ‘Website’).
The Website provides the services as contained in the services menu. Through our Website, you can Request a Quote or Book a Delivery to ship parcels and documents internationally (the ‘Services’).

(b) The Website is operated by Shippler AU Pty (Ltd)(ACN 645 127 322). Access to and use of the Website, or any of its associated Products or Services, is provided by Shippler AU Pty (Ltd). Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

(c) Shippler AU Pty (Ltd) reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Shippler AU Pty (Ltd) updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Definitions

(a) “Company” shall mean Shippler AU Pty (Ltd) a company registered in terms of Australian Law with ACN 645 127 322 its “employees, servants, subsidiaries and or associated entities which includes the “Website”.

(b) “Customer”/”Member” shall mean the shipper, consignor, the receiver, the consignee, the owner of the Goods, the bailor of the Goods or the person for whom any of the services are performed.

(c) “Goods” shall mean the chattels, articles or things tendered for carriage or bailment or other services by the Customer and shall include the container(s) and other packaging containing the same or pallet(s) delivered with the same, to the Company.

(d) “Services” shall mean the carriage, transport, movement, storage, customs clearance and/or any other service performed or arranged by the Company pursuant to, or ancillary to, this contract with the Customer.

(e) “Dangerous goods” shall mean such of the Goods as shall be, or become, in fact, or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature of causing damage or injury to other goods or to any person or animals or to anything in which those goods are carried handled or stored.

(f) “Valuables” shall mean bullion, coins, precious stones, jewellery, antiques, or works of art. Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm and corporation where appropriate.

3. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Website or by Shippler AU Pty (Ltd) in the user interface.

4. Registration to use the Services

(a) In order to access the Services, you must first request a quote or book a delivery through the Website (the ‘Account’).

(b) As part of this process, or as part of your continued use of the Services, you may be
required to provide personal information about yourself (such as identification or contact
details), including:
(i) Email address
(ii) Mailing address
(iii) Delivery address

(c) You warrant that any information you give to Shippler AU Pty (Ltd) in the course of completing the process will always be accurate, correct and up to date.

(d) Once you have completed the request for a quote or booked a delivery, you will be a registered Customer of the Website (‘Customer’) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Shippler AU Pty (Ltd); or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

5. Your obligations as a Customer

As a Customer, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:
(A) the Terms;
(B) and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify via the Website Shippler AU Pty (Ltd) of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Shippler AU Pty (Ltd) through Shippler.com.au providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Shippler AU Pty (Ltd);

(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Shippler AU Pty (Ltd) for any illegal or unauthorised use of the Website, and

(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

6. Payment

(a) Where the option is given to you, you may make payment for the Services Fee by way of:
(i) Electronic funds transfer (‘EFT’) into our nominated bank account
(ii) Credit Card Payment (‘Credit Card’)

(b) All payments made in the course of your use of the Services are made using the Website Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the transaction for payment of the Service Fee.

(d) You agree and acknowledge that Shippler AU Pty (Ltd) can vary the payment terms and Services Fee at any time.

7. Refund Policy

Shippler AU Pty (Ltd) will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the management of Shippler AU Pty (Ltd) makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).

8. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Shippler AU Pty (Ltd) are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code,
scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Shippler AU Pty (Ltd) or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Shippler AU Pty (Ltd), who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Customer to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Shippler AU Pty (Ltd) and The Website does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Shippler AU Pty (Ltd).

(c) Shippler AU Pty (Ltd) retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.

(d) You may not, without the prior written permission of Shippler AU Pty (Ltd) and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

(a) Shippler AU Pty (Ltd) and the Website takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Shippler AU Pty (Ltd)’s Privacy Policy, which is available on the Website.

10. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Shippler AU Pty (Ltd) will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Shippler AU Pty (Ltd) makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of
Shippler AU Pty (Ltd)) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services-related products (including third-party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Shippler AU Pty (Ltd); and
(iv) the Services or operation in respect to links which are provided for your convenience.

(d) Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at the Company’s discretion.

(e) The Customer authorises the Company, but with no obligation on the part of the Company, to advance any duties, taxes, imposts, outlays or charges at any port or place in respect of the Goods and the Member shall be jointly and severally liable for the reimbursement of such disbursements and for payment of any fine, expense, loss or damage incurred by the Company in connection therewith.

11. Limitation of liability

(a) Shippler AU Pty (Ltd)and the Website’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Shippler AU Pty (Ltd), its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.

(c) The liability of the Company is defined and limited to any amount stated for specified loss and damage. The Customer is therefore advised to seek its own insurance cover generally the Customer as insured and shall have no recourse against the Company whatsoever and any recourse by the Customer shall be against the insures.

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Shippler AU Pty (Ltd) as set out below.

(b) If you want to terminate the Terms, you may do so by:
(i) providing Shippler AU Pty (Ltd) via the Website with 7 days’ notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Shippler AU Pty (Ltd), the Company, has made this option available to you.
Your notice should be sent, in writing, to Shippler AU Pty (Ltd) on the Website via the ‘Contact Us’ link on our homepage.

(c) Shippler AU Pty (Ltd) may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Shippler AU Pty (Ltd) is required to do so by law;
(iii) the provision of the Services to you by Shippler AU Pty (Ltd) is, in the opinion of the Company, Shippler AU Pty (Ltd), no longer commercially viable.

(d) Subject to local applicable laws, Shippler AU Pty (Ltd) reserves the right to discontinue or cancel your membership and/or the provision of services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Shippler AU Pty (Ltd)Shippler AU pty(Ltd.)’s name or reputation or
violates the rights of those of another party.

13. Indemnity

(a) You, the Customer, agree to indemnify the Company Shippler AU Pty (Ltd), its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms;
(iv) in respect of any claim, loss, damage, payment, fine, expense, duty, tax, impost or other outlay whatsoever or howsoever caused whether arising directly or indirectly from the Service arranged or performed by the Company in respect of Goods and/or in respect of any such cost incurred as a result of any breach of the terms, conditions or warranties;
(v) any loss or damage arising from any inherent defect, quality or vice of the Goods.
(vi) all or any liability in respect of any indirect or consequential loss or damage arising from the Services performed in respect of the Goods including loss of market, loss or profit or loss of contracts howsoever caused.

14. Valuables and Dangerous Goods

(a) Except as agreed in writing, the Company will not accept Valuables, Perishable goods, livestock or plants for Services arranged or performed by the Company. Should the Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than as agreed in writing the Customer shall be liable for any loss or damage thereto or consequent thereon whether direct, indirect or consequential and howsoever caused and the Customer shall indemnify the Company from and against all penalties, taxes, duties, claims, demands, damages, costs and expenses arising in connection therewith.

(b) Except as agreed in writing, the Company shall not accept business relating to Dangerous goods for Services arranged or performed by the Company. Should the Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than as agreed in writing, the Customer shall be liable for all loss or damage thereto or consequent thereon whether direct, indirect or consequential and howsoever caused and the Customer shall indemnify the Costs and expenses arising in connection therewith.

(c) The Customer undertakes that any of the goods referred to in (a) above (including their covering, packaging, containers and other devices they are carried in) shall be distinctly marked having regard to their nature. The Customer further undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of any service having regard to their nature and in compliance with all laws and regulations which may be applicable with respect to any Service. The Customer shall indemnify the Company against all claims, losses, losses, damages or expenses arising in consequence of any breach of this provision. The Customer’s compliance with (b) above in no way reduces or limits those rights afforded to the Company under (a) of this clause.

15. Delivery of the Goods

(a) The company is authorised to deliver the Goods to the consignee or his agent at the address nominated to the Company by either the Customer, the Company, the consignee or their agents and it is expressly agreed that the Carrier shall be deemed to have delivered the Goods in accordance with this contract if it obtains a receipt or signed delivery docket for the Goods from any person at that address.

(b) If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected, the Company in its sole discretion may at its option either deposit the Goods at the nominated place or store the Goods at the risk and expense of the Customer, both of which will be deemed to be delivery of the Goods under this Terms and Conditions.

(c) Dates specified for completion of carriage or any other Service are estimates only and the Company shall not be liable for failure to complete carriage or any other Service on such date or dates.

16. Compliance with Regulations

The Customer shall comply with all applicable laws and Government regulations of any country to, from, through or over which the Goods may be carried, including:
(i) Packing;
(ii) carriage;
(iii) storage
(iv) customs clearance;
(v) delivery or other Services in respect of the Goods

The Customer shall furnish such information and provide such documents as may be necessary to comply with such laws and regulations. The Company shall not be liable to the Customer for loss or expense due to the Customer’s failure to comply with this provision.

17. Dispute Resolution

(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’)
must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Mediation Association of Australia or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Victoria, Australia.

(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:
If 14 Days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

18. Venue and Jurisdiction

(a) The Services offered by Shippler AU Pty (Ltd) is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

19. Governing Law

(a) The Terms are governed by the State laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the State laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

21. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

22. Force Majure

Where the Company is unable to carry out any obligation under the contract due to any circumstance, matter or things beyond its reasonable control (“force majeure”), the Company shall be excused from such obligations to the extent of such prevention, restriction or interference so caused.

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