Last updated 5th June 2017
1) How these End User Terms of Service work
1.1 These End User Terms of Service are between ParcelPoint Pty Ltd ACN 614 602 336 (“ParcelPoint” or “us”) and the end user (“you”) and sets out the terms and conditions which apply to your use of our Services (as defined below). Please read these End User Terms of Service carefully before you start to use our Services.
1.2 By using or accessing our Services, you indicate that you have read, understood and accept these End User Terms of Service, together with our privacy policy (http://parcelpoint.com.au/privacy), and that you agree to abide by them. If you do not agree to these End User Terms of Service, you must refrain from using our Services.
2) Our Services
2.1 ParcelPoint facilitates the delivery of Parcels for End Users and Retailers, including:
2.1.1 enabling End Users to pick-up and drop-off Parcels at an outlet of a nominated ParcelPoint Agent; and
2.1.2 arranging delivery or collection of Parcels via an alternative Eligible Address (eg a nominated business or residential address)
(collectively the “Services”).
2.2 Our Services are offered by ParcelPoint (including via the ParcelPoint Agents). Our Services are available to individuals of at least 18 years of age, residing within Australia, who may be required to register prior to using our Service, which may include a Sender and/or a Recipient of a Parcel (“End Users”). Registration may be completed via the ParcelPoint website (http://parcelpoint.com.au) or through an approved third party website.
2.3 Further details of our Services are set out below:
2.3.1 Retailer Delivery Service – enables an End User to collect a Parcel from a ParcelPoint Agent location, or receive delivery at another Eligible Address, for which ParcelPoint Fees are payable by a Retailer.
2.3.1 Returns Service comprising:
(a) Retailer-Paid Returns Service – enables an End User to lodge a Parcel at a ParcelPoint Agent location, or arrange collection from another Eligible Address, to return the Parcel to a Retailer, for which ParcelPoint Fees are payable by the Retailer.
(b) User-Paid Returns Service – enables an End User to lodge a Parcel at a ParcelPoint Agent location, or arrange collection from another Eligible Address, to return the Parcel to a Retailer or other End User, for which ParcelPoint Fees are payable by an End User (which may be the Sender or Recipient, as determined at the time of booking the return).
2.3.3 Send Service – enables delivery of a Parcel from one End User to another End User, either via a ParcelPoint Agent location and/or another Eligible Address, for which ParcelPoint Fees are payable by an End User (which may be the Sender or Recipient, as determined at the time of booking the return).
2.3.4 Shop & Collect Service – enables an End User to collect a Parcel from a ParcelPoint Agent location, where the Parcel did not originate from a ParcelPoint Retailer.
2.4 ParcelPoint may also facilitate End Users booking other carrier services via the ParcelPoint website, which are not ParcelPoint services. In this capacity, ParcelPoint is acting merely as a conduit, and takes no responsibility for the performance of the services of such third parties. Your interactions and any delivery arrangements with such third parties is at your own risk and you recognise that the products or services provided by such third parties are not provided by us, but by the relevant third party. You should carefully review the terms and conditions relevant to such third party. No endorsement or affiliation of third parties (such as retailers, carriers or other delivery agent) shall be construed in any manner whatsoever, notwithstanding anything else contained herein or otherwise. Such facilitation is provided for your information and convenience only. ParcelPoint has no control over the contents, quality or integrity of those third parties and ParcelPoint accepts no liability caused by them or for any loss or damage that may arise from use by you (or on your behalf) of their products or services (notwithstanding anything else contained herein).
3) Parcel requirements and restrictions
3.1 You must comply with all applicable laws, regulations and industry codes in relation to Dangerous Goods, including by providing ParcelPoint with full and accurate descriptions of the Dangerous Goods in any relevant consignment note.
3.2 ParcelPoint and ParcelPoint Agents will not be required, or caused, to carry, handle, deal, distribute or convey any goods or Parcels, which in its opinion, contain or are suspected of containing unlawful or Dangerous Goods, or prohibited goods as set out in or contemplated by the http://parcelpoint.com.au/prohibited.html page, including if ParcelPoint considers that the Dangerous Goods present a risk of injury or death to persons or damage to the environment or other goods or property.
3.3 If, in ParcelPoint’s opinion, the Parcel contains, or is suspected of containing, unlawful, dangerous or prohibited goods, or otherwise breaches clause 3.2, the Parcel may be abandoned, disposed of, destroyed and/or notified to the appropriate authorities, in such a manner as ParcelPoint deems fit and with or without notice. Without limiting the foregoing, a Parcel may also be disposed of, or otherwise dealt with, by ParcelPoint, with or without notice, as follows:
3.3.1 pursuant to any court order or subpoena;
3.3.2 pursuant to any requirements at law or of a regulatory authority, police force, customs service, prosecuting authority or commission of inquiry; or
3.3.3 if the Parcel constitutes or contains (or is reasonably believed by ParcelPoint to constitute or contain) evidence of a criminal offence, or Dangerous Goods.
3.4 Without limiting clauses 3.1, 3.2 and 3.3, ParcelPoint may refuse, in its absolute discretion, to carry, handle or deal with a Parcel if:
3.4.1 the Parcel is marked with any word or symbol that delays or misdirects, or is likely to delay or misdirect, its carriage;
3.4.2 the envelope or wrapping of the Parcel has affixed to, or printed on, the outer surface any text, marking or image which, in ParcelPoint’s opinion, could be considered offensive, threatening, abusive or defamatory;
3.4.3 the name and address of the person to whom the Parcel is directed has not been:
(a) legibly printed on the largest surface or on a label securely attached on the largest surface of the Parcel so as to run parallel to the longest dimension of that surface; or
(b) in any other case, printed or written on a label that is securely attached to the Parcel; or
3.4.4 the Parcel does not have a Compliant Parcel Label and barcode securely attached to it.
3.5 Should the End User deliver any unlawful, prohibited or Dangerous Goods in a Parcel to ParcelPoint or ParcelPoint Agents, or cause ParcelPoint or ParcelPoint Agents to carry or handle, distribute, deal or convey with, such goods:
3.5.1 the End User shall be liable for any and all loss or damage caused by, or in connection with, the goods or the Parcel, however arising, and shall indemnify ParcelPoint and ParcelPoint Agents against all penalties, claims, damages and costs (including legal costs) whatsoever arising out of or in connection therewith, and the goods and Parcel may be destroyed or otherwise dealt with at the sole discretion of ParcelPoint or by any other person in whose custody they may be at the relevant time; and
3.5.2 ParcelPoint shall be under no liability whatsoever in connection with the goods and Parcel, however arising.
3.6 Only Parcels clearly labelled and weighing up to 10kg Dead Weight and with Total Linear Dimensions (sum of length, width and depth) of up to 120cm will be accepted. You must contact us in advance prior to using our Service if your Parcel is, or is likely to be, either heavier than 10kg Dead Weight or greater than 120cm Total Linear Dimensions. Parcels larger or heavier than this may be accepted on a case by case basis if agreed by ParcelPoint and/or ParcelPoint Agent(s) when you notify us of your proposed delivery. Additional fees may apply for large or heavy items.
3.7 ParcelPoint and ParcelPoint Agents reserve the right to refuse delivery, carriage, handling or lodgement of a Parcel (and disclaims all associated liability) if the Parcel:
3.7.1 exceeds the weight or dimensions stated herein, unless otherwise agreed by ParcelPoint in advance; or
3.7.2 is not clearly and correctly addressed, labelled and/or packaged, using the address provided by ParcelPoint.
4) Sender responsibilities
4.1 This clause 4 applies to End Users of the Returns Service and the Send Service.
4.2 You or the Sender (as the context permits) will:
4.2.1 be responsible for packaging the Parcel and will ensure that it is properly and securely packaged and packed, including, without limitation, adequate and secure packing, wrapping and cushioning;
4.2.2 ensure that the Parcel complies with the Parcel requirements and restrictions provisions set out in clause 3;
4.2.3 ensure that it has the requisite authority to send the Parcel; and
4.2.3 ensure that the Parcel has a Compliant Parcel Label, which is labelled with accurate and clear information and is not marked, damaged or torn.
5) Lodgement of parcels
5.1 This clause 5 applies to End Users of the Returns Service and the Send Service.
5.2 If you or the Sender (as the context permits) elect for a Parcel to be lodged at a ParcelPoint Agent location:
5.2.1 the Parcel may only be lodged during the ParcelPoint Agent’s opening hours; and
5.2.1 you or the Sender (as the context permits) will receive notification via email and/or SMS (depending on the contact details available to ParcelPoint), confirming lodgement and providing information about how to track the Parcel.
5.3 If you or the Sender (as the context permits) elect for a Parcel to be collected from another Eligible Address:
5.3.1 ParcelPoint will endeavour to collect the Parcel within the nominated collection day and/or time window (as selected by you or the Sender at the time of booking). If not, ParcelPoint will attempt to contact you or the Sender to make alternative arrangements;
5.3.2 the Sender must have the Parcel ready for collection at all times during the nominated window. If collection is attempted during the nominated window, but the address or location is unattended or the Parcel is not ready or able to be collected, then the Parcel may be cancelled without refund;
5.3.3 if the Sender elects to leave the Parcel unattended for collection (whether such election is made by you or the Sender at the time of booking (eg via special notes) or otherwise), then ParcelPoint takes no responsibility for loss or damage to, or theft of, the Parcel, nor shall ParcelPoint be liable for any losses, costs or expenses arising therefrom.
5.4 You acknowledge that Parcel labels or bookings paid for by an End User will expire after 60 days from the date of payment, after which time you will be unable to lodge the Parcel and you will not be entitled to a refund.
6) Carriage of Parcels
6.1 This clause 6 applies to End Users of the Returns (User-Paid) Service and the Send Service.
6.2 Where a Parcel is lodged for carriage and that Parcel does not comply with these End User Terms of Service, ParcelPoint is not obliged to deliver that Parcel and lodgement with ParcelPoint shall in no way constitute acceptance of the Parcels for carriage.
6.3 ParcelPoint reserves to itself the complete freedom to: (a) decide upon the means, route and procedure to be followed in the handling, storage, delivery and transportation of the Parcel; and (b) subcontract such carriage to a third party.
6.4 To the extent permitted by law, ParcelPoint is not a common carrier and accepts no liability as a common carrier, and it reserves the right to: (a) refuse to carry or handle the Parcel; (b) refuse to carry or handle any goods or Parcels (including the manner in which the carriage is performed); or (c) accept Parcels of any particular class, character or nature whatsoever, at its sole discretion, whether before or after the carriage has commenced
6.5 ParcelPoint may also, at its sole discretion, open any document, envelope, package or other container in which goods or Parcel are placed or packaged, or the goods or Parcels themselves, to inspect the goods or Parcel to determine the nature or condition of the goods or Parcel or, where any consignment note or identifying document or mark is lost, damaged, destroyed or indecipherable, to ascertain the ownership, source or destination of the goods or Parcel.
6.6 In the event ParcelPoint fails to carry the Parcel in accordance with these End User Terms of Service, ParcelPoint will use reasonable endeavours to either correct any such non-conformance or provide an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the sole and exclusive remedy for any such failure by ParcelPoint.
6.7 Transit and delivery times are based on good faith estimates and you acknowledge that they are therefore not guaranteed.
6.8 Where possible, Parcel tracking information will be provided, accessible via ParcelPoint’s website, although tracking is not always available where, for example, it relates to deliveries to some regional areas.
7) Delivery of Parcels
7.1 This clause 7 applies to End Users of the Retailer Delivery Service, Returns (User-Paid) Service and the Send Service.
7.2 If you or the Recipient (as the context permits) elect for a Parcel to be collected from a ParcelPoint Agent location, then:
7.2.1 you or the Recipient (as the context permits) will receive notification via email and/or SMS (depending on the contact details available to ParcelPoint) when the Parcel is available for collection;
7.2.2 the Recipient will be able to collect the Parcel during the ParcelPoint Agent’s opening hours and will be required to present photo identification to the ParcelPoint Agent, which may be recorded by ParcelPoint and the ParcelPoint Agent for record keeping and audit purposes.
7.2.3 where you or the Recipient (as the context permits) require someone else to collect the Parcel on your behalf:
(a) an ‘Authority to Collect’ form must be agreed by ParcelPoint in writing prior to collection of the Parcel;
(b) to arrange this, contact us at support@parcelpoint.com.au and request to provide ‘Authority to Collect’ to someone else;
(c) once agreed by ParcelPoint, the Recipient details will be updated in ParcelPoint’s system, and the new Recipient representative will be required to present photo identification to the ParcelPoint Agent, which may be recorded by ParcelPoint and the ParcelPoint Agent for record keeping and audit purposes.
7.2.4 ParcelPoint or the ParcelPoint Agent will hold the Parcel for up to 14 days, after which time ParcelPoint may, at its absolute discretion, return the Parcel to the original ParcelPoint Retailer or Sender, as applicable, or abandon or dispose of it, or give it to charity, with or without notice. Any alternative arrangements must be agreed in writing between you and ParcelPoint before the expiration of this 14-day period, and may incur additional fees.
7.2.5 If you are using the Shop & Collect Service:
(a) you must notify ParcelPoint in writing, no less than 3 hours before your Parcel arrives at a ParcelPoint Agent, of the proposed delivery, using the parcel notification form available on our website set out in http://parcelpoint.com.au/new-parcel , and obtain a confirmation from ParcelPoint that it will accept the Parcel, otherwise, ParcelPoint may:
(i) refuse delivery of your Parcel; and
(ii) charge any additional fee (based on ParcelPoint’s standard rates at the time);
(b) where the Parcel is not collected by you at the ParcelPoint Agent location within 7 calendar days following the date when you are notified that the Parcel is available for collection by you at a ParcelPoint Agent location, then transactions will incur late collection fees (being the original fee per each additional week late).
7.2.6 If you or the Recipient (as the context permits) elect, during the booking process, for a Parcel to be delivered to an Eligible Address other than a ParcelPoint Agent:
(a) If the booking states ‘Signature on Delivery’, then:
(i) the Recipient, or another person present at the nominated delivery address, will need to physically accept and sign for the Parcel; and
(ii) if signature is not able to be obtained, or the address or location is otherwise unattended, then a calling card will be left for the Recipient, providing instructions to collect the Parcel from a nominated location or to arrange a re-delivery. In these circumstances:
(A) if the Parcel is not successfully collected or re-delivered within 7 calendar days of the date when the calling card was left or such other time period as advised on the calling card, then ParcelPoint may return the Parcel to the original ParcelPoint Retailer or other Sender, as applicable, or abandon or dispose of it, or give it to charity, with or without notice; and
(B) additional fees may apply if more than one re-delivery is required, or if delivery to an alternative address or location is required
(b) If the booking states ‘Authority to Leave’ and the address or location is, or appears to be, otherwise unattended, then the Parcel may be left at the nominated delivery address (eg at the doorstep or entrance). In these circumstances, ParcelPoint takes no responsibility for loss or damage to, or theft of, the Parcel, nor shall ParcelPoint be liable for any losses, costs or expenses arising therefrom.
(c) If the Parcel is refused or undeliverable, then ParcelPoint may return the Parcel to the original ParcelPoint Retailer or other Sender, as applicable, or abandon or dispose of it, or give it to charity, with or without notice. For these purposes, ‘refused or ‘undeliverable’ includes the situation where, in ParcelPoint’s opinion: (i) you or the Recipient (or its representative) has refused, declined to accept, neglects or is unable to take delivery of the Parcel; (ii) the Parcel is insufficiently or incorrectly addressed or marked or is otherwise not identifiable or decipherable; or (iii) the address or location is incorrect or inaccessible.
8) Fees
8.1 Fees will be applicable for use of our Services, as communicated via our website or via other ParcelPoint channels. Fees are subject to change.
8.2 For Services not detailed on our website, you may request a quote for any applicable fees by emailing support@parcelpoint.com.au .
8.3 Where fees are applicable, these must be paid by you prior to lodgement, carriage or delivery of the Parcel (as applicable).
8.4 Fees paid via our website may incur a payment processing fee, as notified on our website from time to time.
8.5 Additional fees may apply for the Send Service and User-Paid Returns Service, if the actual Parcel weight is greater than the weight nominated by you or the Sender at the time of booking. ParcelPoint may charge the difference between the amount you paid and the correct price, plus a AU$5 administration fee.
9) Cancellations and refunds
9.1 Cancellations can only be made prior to a Parcel being lodged with ParcelPoint.
9.2 You will be eligible for a full refund if you cancel your booking before lodgement of the Parcel. If you are granted a refund, this will be issued using your original payment method.
9.3 Changes to bookings (eg address changes) can be made by you by contacting ParcelPoint customer support, prior to a Parcel being lodged with ParcelPoint. After this time, ParcelPoint cannot guarantee changes and additional fees may apply.
9.4 If you need to dispute a payment or request a refund, you may do so by contacting support@parcelpoint.com.au in the first instance. If disputing a payment or requesting a refund, you will be required to prove that your payment was made via parcelpoint.com.au and provide other documentary evidence stating the value of your payment (for example, a copy of the invoice).
10) Liability
10.1 To the extent that you acquire Services from ParcelPoint as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by these End User Terms of Service. Nothing in this clause operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute or cause any term to be void (“Non-Excludable Obligation”).
10.2 Except in relation to Non-Excludable Obligations and to the extent permitted by law:
10.2.1 all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute are expressly excluded;
10.2.2 ParcelPoint will not be liable for any Parcel that is lost, damaged or stolen, unless loss or damage cover is specifically stated during the online booking process. In the event that it is so stated during the online booking process, then:
(a) such loss or damage cover is limited to the amount of cover stated or the value of your Parcel (whichever is lesser), and in no circumstances will exceed AU$500 per Parcel; and
(b) an excess may apply to such claims, where the amount of the excess is stated during the online booking process.
10.3 Without limiting the remainder of clause 10, where loss or damage cover is not specifically stated during the online booking process, you agree that in no event shall ParcelPoint’s maximum aggregate liability exceed AU$100.
10.4 ParcelPoint accepts no responsibility or liability for:
10.4.1 Parcels that have been accepted by a Recipient; and
10.4.2 loss or damage caused or contributed by you or your agents and representatives.
10.5 You should check the Parcel for any loss or damage prior to accepting it, as no responsibility will be taken for lost or damaged Parcels once you have collected or accepted the Parcel.
10.6 If you need to lodge a parcel loss or damage claim, you may do so by contacting support@parcelpoint.com.au in the first instance. If making a claim due to a Parcel being lost, damaged or stolen, you will be required to provide proof of lodgement and other documentary evidence stating the value of your Parcel (for example, a copy of the invoice).
10.7 To the maximum extent permitted by law, ParcelPoint, its directors, employees, contractors and agents exclude any and all liability whatsoever to you (or anyone else) arising out of or in any way connected with these End User Terms of Service, or our Services, for any indirect, special or consequential loss, loss of profits or savings, loss of income, loss of business, loss of opportunity, howsoever arising and whether caused by a breach of statute, breach of contract, negligence or other tort.
10.8 ParcelPoint has no responsibility and will not be liable for any loss, cost, expense or damage arising from or in connection with:
10.8.1 the injury, illness or death of any person or damage to property
10.8.2 fragile goods or items (such as glassware) and dangerous or flammable items;
10.8.3 non-working goods (such as faulty electronics);
10.8.4 Parcels left at a ParcelPoint Agent outside of its opening hours; or
10.8.5 any other items prohibited by these End User Terms of Service (including those items prohibited by the ParcelPoint dimension requirements or set out in http://parcelpoint.com.au/prohibited.html),
whether or not ParcelPoint has inspected the Parcel, goods or items.
10.9 ParcelPoint shall be discharged from any and all liability whatsoever unless a suit is brought within 3 months of the provision of our Services, delivery of the Parcel, when our Services should have been provided, or when the Parcel should have been delivered (as the context permits).
11) Access and registration
11.1 Access to the ParcelPoint platform and our Services is permitted on a temporary basis. ParcelPoint will not be liable if for any reason the ParcelPoint platform is unavailable at any time or for any period. From time to time, ParcelPoint may restrict access to some parts of the ParcelPoint platform, or the entire platform. You are responsible for making all arrangements necessary for you to have access to the ParcelPoint platform. You are also responsible for ensuring that all persons who access the ParcelPoint platform through your internet connection are aware of these terms, and that they comply with them.
11.2 If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (“log-in information”), you must treat such information as confidential and keep it secure, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to freely access our site via your log-in information. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify ParcelPoint. Notice provided by you in these circumstances does not release you from your responsibilities under these End User Terms of Service. ParcelPoint has the right to disable any log-in information, whether chosen by you or allocated by ParcelPoint, at any time, if in our opinion you have failed to comply with any of the provisions of these End User Terms of Service.
12) Intellectual Property Rights
12.1 Notwithstanding anything else, ParcelPoint is the owner, or the licensee, of all Intellectual Property Rights: (a) in its platform, technology, software, solution, our Services, the ParcelPoint scheme and the ParcelPoint site and platform, and the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein), data, know-how, processes, customer data (such as browsing, ordering and purchasing data and customer analytics), whether any of the foregoing existing now or at any time in the future, and anything else generated, created or developed, whether as improvements or otherwise, in course of providing (directly or indirectly) our Services; and (b) existing prior to the commencement of our Services (including, without limitation, the ParcelPoint trademark and logo).
12.2 Those works are protected by intellectual property laws around the world. All such rights are reserved.
12.3 You acknowledge that our Services may include third party software, open source software or third party Intellectual Property Rights (“Third Party IP”). Any rights you may have to access Third Party IP shall be limited to extent of ParcelPoint’s ability to pass on such rights to you.
12.4 In relation to any data, content, information or material provided by you (or on your behalf) to ParcelPoint or a ParcelPoint Agent, you warrant that: (a) they will not infringe the rights of any third party nor contravene any law or industry code; and (b) you are authorised to provide them to ParcelPoint or a ParcelPoint Agent.
13) Authority
13.1 The End User appoints ParcelPoint as its agent so that ParcelPoint has the power and authority to deal with the Parcel in any manner it sees fit:
13.1.1 as permitted or contemplated by these End User Terms of Service;
13.1.2 as required in order to facilitate ParcelPoint providing our Services;
13.1.3 as required to comply with the terms herein;
13.1.4 as required:
(a) pursuant to any court order or subpoena; or
(b) pursuant to any requirements at law or of a regulatory authority, police force, customs service, prosecuting authority or commission of inquiry.
13.2 Without limiting the foregoing, ParcelPoint may collect or retrieve the Parcel from locations outside of the ParcelPoint Agent, such as a local post office.
14) Privacy
14.1 By using the ParcelPoint website and any of our Services, you acknowledge and agree to be bound by the ParcelPoint Privacy Policy (the latest version of which is available via http://parcelpoint.com.au/privacy).
14.2 Without limiting the terms of the ParcelPoint Privacy Policy, you acknowledge that:
14.2.1 by using our Services, you are providing, or otherwise making available, personal information to ParcelPoint or ParcelPoint Agents which may be used by them to provide our Services to you, including, but not limited to, sending you notifications (eg via email or SMS) and contacting you via our customer support channels; and
14.2.2 if you accept these End User Terms of Service via a third party (eg via the website or portal of an online retailer or marketplace platform), you acknowledge that the relevant third party is authorised to provide your personal information to ParcelPoint for the purposes set out in, or contemplated by, clause 14.2.1 or the ParcelPoint Privacy Policy (including, without limitation, your name, business name, street address, email address and phone number, as applicable).
14.3 You should keep full backup copies of your data and your customers’ data (where you have customers and they are applicable to this arrangement).
15) General
15.1 If any provision of these End User Terms of Service is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable to the extent that the remaining provisions of these End User Terms of Service shall continue in full force and effect. These End User Terms of Service may change at any time without notification, and the latest version is available via parcelpoint.com.au/terms .
15.2 Nothing herein is intended to, or shall operate to, create a partnership, agency or joint venture between you and ParcelPoint.
15.3 ParcelPoint shall not be responsible, nor have any liability, for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including, but not limited to, acts of God, governmental actions, labour difficulty, strike, war, terrorism, fire, explosion, flood, storm, an act or omission of a third party, inability to obtain any materials, default or failure of performance provided by suppliers, subcontractors or others, postal or delivery delays, interruption of transportation, internet interruption or virus, breakdown, disruption or failure of software, hardware or communication network, loss or damage to any Article (and its contents) resulting from deterioration, dampness of atmosphere, extremes of temperature, ordinary wear and tear, or that which occurred or arose prior to or after the time when the Parcel is in its possession. For the avoidance of doubt, nothing in this clause shall excuse you from any payment obligations under these End User Terms of Service.
15.4 These End User Terms of Service and any dispute or claim arising out of or in connection with same shall be governed by and construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of that State.
16 Definitions
The definitions in this clause apply in these End User Terms of Service:
16.1 “Compliant Parcel Label” means a Parcel label which has been made available via the ParcelPoint website, or otherwise has been generated in accordance with ParcelPoint’s labelling specification or requirements at the time.
16.2 “Dangerous Goods” means any noxious, dangerous, damaging hazardous, inflammable, radioactive or explosive goods, goods likely to harbour or encourage vermin or other pests, goods likely to otherwise cause damage or be dangerous in any manner, or any goods prescribed by any applicable local or international law or regulation to be dangerous.
16.3 “Dead Weight” means the actual weight of a Parcel, as calculated by weighing the Parcel on accurate scales.
16.4 “Eligible Address” means a physical address (but excludes PO boxes, locked bags and parcel lockers operated by other providers as a pick-up/drop-off solution).
16.5 “End Users” means end users of our Services as contemplated in clause 2.2.
16.6 “Intellectual Property Rights” includes designs, copyright, trademarks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
16.7 “Parcel” means a parcel, packet, letter, package, packet or good.
16.8 “ParcelPoint Agent” means a nominated ParcelPoint agent participating in the ParcelPoint scheme, who is authorised by ParcelPoint to act as ParcelPoint’s agent for the purposes of providing our Services.
16.9 "ParcelPoint Retailer" means either (as the context permits):
16.9.1 a retailer operating the ParcelPoint scheme; or
16.9.2 a retailer intermediary (who acts as the intermediary between ParcelPoint and the retailers and operates the ParcelPoint scheme).
16.10 “Recipient” means either (as the context permits):
16.10.1 the person, or representative of a business / entity, to whom the Parcel is addressed, whether it be you, another End User, or Retailer (as the context permits); or
16.10.2 other recipient of the Parcel, to where or whom ParcelPoint is authorised to deliver the Parcels.
16.11 “Sender” means the person who sends, despatches or lodges the Parcel, whether it be you, another End User, or Retailer (as the context permits).
16.12 “you” includes anyone acting on your behalf or with your express or implied authority.
If you have any questions or concerns, please contact us via support@parcelpoint.com.au.