1. Overview of Terms
Zoom2u is a technology services provider that operates a digital venue that connects you and a Carrier.
The Platform enables you to make a Booking Request for a Carrier and for a Carrier to accept that Booking Request and complete the Carrier Services.
Each Carrier is in the business of providing Carrier Services and has entered into a licence with Zoom2u to access and use the Platform in order to connect with you and other users of the Platform.
These Terms govern your use of the Platform including the Mobile Application and the Website, and forms a binding contractual agreement between you and Zoom2u, under which Zoom2u agrees to provide you with access to the Platform and you agree to the obligations in these Terms.
For that reason these Terms are important and you should ensure that the Terms are read carefully. By using the Platform you acknowledge and agree that you have had sufficient chance to read and understand the Terms and agrees to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way.
To the extent that anything in these Terms is different to the content available on the Platform, the provisions of these Terms shall prevail.
In these Terms:
Zoom2u or we or us means Zoom2u Pty Ltd.
Applicable Carrier means a specific carrier as requested in a Specific Booking Request.
Authorised Recipient means the person or company to whom the Consignment is to be delivered.
Authorised Sender means a person who is authorised to provide the Carrier with the Consignment at the pick-up address.
Booking means a booking placed by you through the Platform for the provision of the Carrier Services which has been processed by Zoom2u and communicated to the Carrier via the Platform and accepted by the Carrier.
Booking Request means a booking request made by you for a Carrier to provide the Carrier Services on the Platform in accordance with clause 6 of these Terms.
Carrier means the individual (including a person trading under a business name), partnership or entity approved by Zoom2u to use the Platform and includes any employee of such Carrier.
Carrier Services means the provision of services whereby a Carrier will pick up a Consignment from one location and deliver to another location for you pursuant to the Booking.
Consignment means the item or items which is/are carried by the Carrier in performing the Booking.
Delivery Fee means the amount inclusive of GST displayed on the Platform as being payable by you on completion of the Carrier Services pursuant to the Booking.
Dispute means a dispute, controversy or claim arising out of or in connection with these Terms.
GST means Goods and Services Tax pursuant to A New Tax System (Goods & Services Tax) Act 1999 (Cth) and the related imposition Act of the Commonwealth.
Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Zoom2u or suffered, incurred or paid by Zoom2u (howsoever arising) in respect of, arising out of or in connection with the Carrier Services provided by that Carrier (or any of the Carriers’ employees or agents), a violation of any law by the Carrier, or a breach of the terms, conditions, covenants, warranties and representations (express or implied) contained in these Terms on the part of the Carrier (or any of the Carrier’s employees or agents) and include loss of data, interruption of business or any consequential or incidental damages.
Mobile Application means the apple or android app titled ‘Zoom2u’ owned by Zoom2u.
Onboarding means the online registration process on the Platform.
Pick-Up Time means the earliest time at which the Consignment will be available for collection at the pick-up address.
Platform means the suite of software applications including the Support that enables you to book a Carrier offered via the Mobile Application or the Website.
Specified Booking Request means a Booking Request made by you that is offered to an Applicable Carrier.
Site Content means all material, content and information made available on the Platform and/or Zoom2u’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform or Website, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.
Support means the technical support, resources and information, payment and maintenance services for the Platform and updates to the Platform software that Zoom2u may make generally available to you and the Carrier.
Terms means the terms and conditions set out in this document.
Tax means income tax, payroll tax, stamp duty, GST, superannuation and all other applicable taxes or duties.
You (including ‘you’ without capitalisation) or your means a person who is a customer of the Platform and uses and accesses the Platform, including any person who creates a User Account and creates a Booking Request.
User Account means a profile created on the Platform by you and includes your title, full name, residential address, phone number and credit card details.
Website means the website at the domain name https://www.zoom2u.com.au/ (or such other domain name as Zoom2u may use in relation to the Platform from time to time).
Zoom2u or we or us means Zoom2u Pty Ltd.
3.1 Zoom2u grants to you a revocable, non-exclusive and non-transferrable licence to:
- use and access the Platform on your electronic device solely for the permitted use of making or creating Booking Requests in accordance with these Terms;
- view the Website and the Mobile Application;
- print pages from the Website and the Mobile Application in its original form; and
- download any material from the Website and Mobile Application for the purposes of using the Platform.
3.2 You acknowledge and agree that:
- Zoom2u does not employ the Carriers;
- Zoom2u does not offer to or provide, perform or conduct Carrier Services nor does it act as an agent or broker for the Carrier;
- Zoom2u does not participate in the interaction between you and the Carrier except to the extent necessary to provide the Platform and the Support to facilitate the interaction, including the invoicing and processing of the Delivery Fee on behalf of Carriers;
- the Carrier may personally perform the Carrier Service or engage another individual, company or employee of the Carrier to complete the Carrier Service; and
- you enter into these Terms and use the Platform entirely at your own risk.
3.3 You acknowledge and agree that you will not:
- control or endeavour to restrict the independence or autonomy of any Carrier;
- pay or remunerate any Carrier based on hours worked;
- require that any Carrier Services be performed by a specific Carrier;
- supply any tools, vehicles, devices or equipment to a Carrier;
- supply to a Carrier or require a Carrier to wear any apparel, clothing, logo or commercial trademark or other intellectual property of the Customer;
- supply or require the distribution or presentation of any presentation, document, signage, sales advertising or promotional marketing material to a Carrier;
- request or require a Carrier to work specific hours or times;
- provide or require any Carrier to undertake education or training;
- provide to a Carrier any policy or procedure or require a Carrier to comply with any policy or procedure; and
- prevent a Carrier from delegating or subcontracting to a third party some or all Carrier Services.
4. Overview of Terms
4.1 These Terms commence on the date you access and use the Platform, the Mobile Application and the Website.
4.2 Zoom2u periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Platform constitutes your consent to be bound by these Terms, as amended from time to time.
4.3 These Terms continue in force unless and until terminated in accordance with these Terms.
5. User Account
5.1 To make a Booking Request on the Platform, you are required to create a User Account. The email address registered to your User Account will be taken to be your username. The username and password are exclusively for your use and are not transferable.
5.2 You are solely responsible for:
- maintaining the confidentiality of your password;
- all activities that happen under your User Account including if someone else uses your User Account. You should notify us of any unauthorised use of your User Account.
5.3 You acknowledge and agree:
- that all information supplied by you in using the Platform (including details of a Consignment) is complete, up-to-date and accurate at all times;
- Zoom2u will not be liable to you in the event that any information provided by you is incomplete, inaccurate, misleading or fraudulent;
- unless expressly agreed by Zoom2u, you are limited to one User Account. No User Account may be created on behalf of or in order to impersonate another person; and
- Zoom2u may delete or block your User Account at its own discretion. Blocked users are prohibited from setting up a new User Account.
6. How to use the Platform
6.1 To make a Booking Request you must be logged into your User Account and enter the following information into the booking system as set out on the Platform:
- a description of the Consignment, including its dimensions and weight;
- the pick-up address, being the address from which the Carrier will collect the Consignment, and the full name of the Authorised Sender;
- the drop-off address, being the address to which the Carrier is required to deliver the Consignment, and the full name of the Authorised Recipient;
- the Pick-Up Time; and
- if you choose the ‘suggest a price’ function, the approximate time.
6.2 The Platform allows you to limit your request to Carriers that meet certain criteria’s. You can do this by selecting or deselecting one or more of the following criteria’s on your User Profile:
- Carriers that have uploaded to the Carrier’s profile a current and valid driver’s license with any necessary endorsements for the vehicle the Carrier is using to perform the Carrier Services;
- Carriers that have uploaded to the Carrier’s profile an up-to-date police check with 100 points of identification;
- Carriers that have uploaded to the Carrier’s profile all visas and immigrating requirements necessary to work in Australia (if not an Australian citizen);
- Carriers that hold motor vehicle insurance;
- Carriers that hold cargo liability insurance;
- Carriers that hold insurance;
- Carriers that have a driver rating of 90% or more; and
- Carriers that have a completion rating of 90% or more.
6.3 Your selected criteria can be saved on your User Account to apply on all future Booking Request.
6.4 Once you have entered the required details for the particular Booking Request, the Platform will provide you with the following functions to determine the Delivery Fee:
- “suggest a price”:
- Under this function, you can suggest a price for your delivery.
- The Platform will offer the suggested price and delivery details to all Carriers one at a time based on proximity.
- The Carrier is given the opportunity to accept the suggested price or make a counteroffer.
- You will have the opportunity to choose which Carrier you would like to complete the Booking Request.
- Once the connection has been made, you will be able to communicate directly with the Carrier through a chat screen on the Platform to negotiate the agreed price and time for the delivery.
- “choose a quote”:
- Under this function, you can choose one of the suggested quotes generated by the Platform based on the information you have entered for the Booking Request.
- If one of the quotes is chosen, the Platform will offer the Booking Request to Carriers one at a time based on proximity with a 30 second gap in-between.
- The Carrier is given the opportunity to accept or decline the Booking Request
- Once the Booking Request has been accepted by a Carrier, you will be able to communicate directly with the Carrier through a chat screen on the Platform to complete the Booking.
- “set pricing”:
- Under this function you can set your own pricing and delivery requirements if you intend to use the Platform for a number of similar size Consignments going to the same destination.
- You can change the pricing and delivery requirements at any time.
- The Platform will offer the suggested price and delivery details to Carriers one at a time based on proximity with a 30 second gap in-between.
- The Carrier is given the opportunity to accept or decline the Booking Request.
- Once the suggested price has been accepted by a Carrier, you will be able to communicate directly with the Carrier through a chat screen on the Platform to complete the Booking.
6.5 Upon acceptance of the Booking Request by a Carrier, you will be notified immediately that a legally binding agreement is formed between you and the Carrier, subject to any additional terms and conditions of the Carrier that may apply.
6.6 You will be able to track the delivery of the Consignment via your User Account or via the Platform using the tracking number provided to you upon making the Booking.
6.7 The Platform provides you with a function to make a Specified Booking Request however this is subject to the availability of the Applicable Carrier.
6.8 If the Applicable Carrier is unavailable, your Specified Booking Request will convert into an ordinary Booking Request and processed in accordance with this clause 6.4 of these Terms.
6.9 You acknowledge and accept that in using the Platform to make a Booking Request:
- the information you have entered on the Platform is reliable, accurate and up-to-date;
- you have obtained the express permission or consent from the Authorised Sender (if you are not the Authorised Sender) and Authorised Recipient before entering their information on the Platform;
- you will provide complete and accurate details in relation to a Consignment when making a Booking Request;
- you must arrange acceptance of the Consignment at the drop-off address in accordance with the details you submitted and in accordance with these Terms;
- you must ensure that the Authorised Sender and Authorised Recipient respectively will be physically present at the pick-up address and the drop-off address, and that they are ready and able to provide a signature to the Carrier as evidence of pick-up and drop-off;
- you must ensure that the Consignment is suitable and safe to be carried, stored and transported, having regard to the nature of the Consignment;
- you must ensure that the Consignment is firmly secured and packaged, and properly labelled, in a manner that is appropriate having regard to the nature of the Consignment, and that you have complied with all laws and regulations relating to the consigning, labelling, packaging, carriage, storage and delivery of the Consignment;
- you must permit (and instruct any other relevant person or company to allow) the Consignment to be photographed by the Carrier at both the pick-up address and the drop-off address;
- you must permit (and instruct any other relevant person or company to allow) the Carrier to inspect the Consignment (including the removal of any labels or packaging), and provide any necessary assistance in that respect, if the Carrier deems it necessary, to ensure that the transport of the Consignment complies with these Terms;
- that if after ten (10) minutes, the Authorised Sender or Recipient, as applicable, is not physically present at the pick-up address the Carrier is authorised to leave the pick-up address and the Booking will be completed for the purposes of clause 7.3 of these Terms;
- that if after ten (10) minutes, the Authorised Sender or Recipient, as applicable, is not physically present at the drop-off address:
- the Carrier is authorised to leave the Consignment with such other person who represents that they are authorised to receive the Consignment; or
- if there is no such person at the drop-off address, return the Consignment to the pick-up address and leave it with the Authorised Sender, or such other person who represents that they are authorised to receive the Consignment, at a time convenient to the Carrier, and
- the Booking will be completed for the purposes of clause 7.3 of these Terms;
- you may be charged an additional fee, on behalf of the Carrier, for any return deliveries made by the Carrier (such additional fee will normally be equivalent to the amount of the Delivery Fee for such Booking and you agree to such additional amount being charged to your credit card) and any expenses incurred to store the Consignment prior to its return.
7.1 You agree that at the time of your first Booking, your credit card details will be transferred to Zoom2u’ secure payment gateway to be held on behalf of the Carrier.
7.2 By entering your credit card details on the Platform, you have given us, on behalf of the Carrier, express authorisation, to deduct the Delivery Fee and any costs incurred by us (or the Carrier), in recovering any unpaid Delivery Fees from you, including debt collection costs, commissions, legal fees and any out of pocket expense.
7.3 Upon a Carrier accepting your Booking, Zoom2u, on behalf of the Carrier, will deduct the Delivery Fee from the credit card provided by you. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you. If sufficient funds are not available we have the right to cancel your Booking.
7.4 Zoom2u reserves the right to retain any credit card details that you enter onto the Platform for the purposes of these Term, including but not limited to:
- processing any future payment of fees from you;
- processing any costs incurred by us (or the Carrier), in recovering any unpaid Delivery Fees;
- processing any additional fees or costs incurred by the Carrier due to incorrect information entered on the Platform by you;
- processing of any additional fees for a return trip made by a Carrier.
7.5 Nothing prevents the Carrier or Zoom2u, on behalf of the Carrier, from taking any action necessary to recover any unpaid Delivery Fees.
7.6 In some circumstances Zoom2u, on behalf of the Carrier, may deduct the Delivery Fee on acceptance of a Booking Request by a Carrier. In these circumstances, you have a right to a refund if the Carrier does not complete the Booking.
8.1 In the event that you cancel a Booking, but the Carrier is not yet on route to pick-up your consignment, no Delivery Fee shall be payable in relation to the relevant Booking.
8.2 In the event that the carrier is on route to collection, a cancellation fee will be applicable.
8.2 The following will occur if the Carrier is unable to fulfil a confirmed Booking (in full or part):
- the Booking Request will be re-loaded onto the Platform and sent to the network of Carrier’s in an attempt to find a replacement Carrier;
- if a replacement Carrier cannot be located on the network you will be prompted to enter a new time and date for the Booking Request;
- if there is no suitable time and date, you will be given the option to cancel the Booking.
9. Carrier Service and Complaints
9.1 Zoom2u does not make any representations, warranties or guarantees as to:
- the safety and delivery of the Consignment while it is in the Carrier’s possession;
- the Carrier’s ability to transport the Consignment;
- the manner in which the Carrier performs the Booking; or
- the Carrier’s qualification to transport Consignments. However, each Carrier must compete the Onboarding process to receive access to the Platform and can be removed from using the Platform at any time.
9.2 Any issues or complaints regarding safety, quality, condition or description will be sent to Zoom2u through the Platform or to [email protected] and the complaint or issue will be passed onto the Carrier that completed the Booking.
9.3 In the event that a Consignment is damaged in transit between the pick-up address and the drop-off address, you can submit a claim to the Carrier by sending the claim to us [email protected] with the following:
- evidence that the Consignment was materially damaged or lost in transit between the pick-up address and the drop-off address;
- evidence that such damage or loss was due to a direct act or omission of a Carrier;
- evidence there has been no breach of these Terms by you; and
- the likely value of replacement or repair of the relevant Consignment.
9.4 We, on behalf of the Carrier, will investigate and process the claim.
9.5 If we are satisfied that the Carrier’s act or omission had caused the damage or loss then we will advance an amount up to $300 to the Carrier to cover the repair or replacement of the Consignment that was lost or damaged.
9.6 Pursuant to the terms of trade between the Carrier and Zoom2u, the Carrier will direct the amount covering the repair or replacement of the Consignment that was lost or damaged to you.
9.7 Any claims under this clause 9 of these Terms must be made within 7 days of the earlier of the delivery or return of the Consignment, or when you first became aware of the loss or damage to the Consignment occurring.
9.8 Notwithstanding anything in these Terms, Zoom2u is not responsible for any loss or damage caused to you as a result of you using the Platform to make a Booking or Booking Request or the provision of Carrier Services to you.
10.1 Zoom2u may at its discretion terminate your use of, or access to, the Platform including your User Account at any time without prior notification if it considers that you have breached any aspect of these Terms or act in a manner below reasonable community expectations.
10.2 If Zoom2u exercises its right of termination under this clause 10 of these Terms, you must not sign up for another User Account and must cease using the Platform immediately.
10.3 If your use of the Platform is terminated:
- you will no longer be authorised to access the Platform or use any other services or products owned by Zoom2u;
- the email address you used to register with the Platform or any other email address you possess will not be authorised to access the Platform or any other services or products owned by Zoom2u;
- you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
- all licences granted to you and all disclaimers by Zoom2u and limitations of Zoom2u liability set out in these Terms or elsewhere on the Platforms will survive termination.
10.3 Zoom2u reserves the right to deduct any outstanding fees and charges owing to Zoom2u and/or the Carrier on your User Account prior to disabling your User Account.
11. Dispute Resolution
11.1 You acknowledge and agree that:
- any dispute between you and a Carrier concerning the Carrier Service carried out by the Carrier are directly between you and the Carrier;
- Zoom2u is not a party to any dispute between you and a Carrier;
- Zoom2u is under no obligation to mediate any dispute between you and the Carrier however Zoom2u will endeavour to assist where necessary to mediate any dispute between you and a Carrier;
- you will be required to pay or reimburse any legal fees incurred by Zoom2u as a result of having to mediate any dispute between you and a Carrier.
11.2 In the event of a Dispute, arising out of or in connection with these Term, 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 Term 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 within 4 (four) weeks of the Dispute Notice, the complainant will ask the Law Society of New South Wales 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.
11.3 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 in accordance with this clause 11 of these Terms.
12. Security of Payment
12.1 Zoom2u has taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on each User Account are protected and secure.
12.2 A secure payment gateway is used to process all transactions and credit card details.
12.3 Zoom2u does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information
13.1 In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.
13.3 You agree that the Platform will disclose your Personal Information, including your name and address to the Carrier in order for the Carrier to complete the Booking.
13.4 You must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 (Cth) in their collection, use, disclosure and storage of Personal Information.
14. Intellectual Property
14.1 Nothing in these Terms constitutes a transfer of any Intellectual Property Rights on the Site Content. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights on the Site Content, the Platform, the Website and the Mobile Application.
14.2 By posting or adding any content onto the Platform, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
14.3 The Site Content is protected by copyright and Zoom2u reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.
14.4 You must not, without Zoom2u’s prior written consent which may be withheld at its absolute discretion:
- copy, republish, reproduce, duplicate or extract Site Content;
- redistribute, sell, rent or licence any Site Content; or
- edit, modify or vary the Site Content.
15. Acceptable Use
15.1 You must not use, or cause the Platform to be used, in any way which:
- breaches any of these Terms;
- infringes Zoom2u’s or any third party’s Intellectual Property Rights;
- is fraudulent, illegal or unlawful; or
- causes impairment of the availability or accessibility of the Platforms.
15.2 You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
- computer viruses;
- keystroke loggers; or
- any other malicious computer software.
15.3 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform.
15.4 In connection with your use of the Platform, you will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
- use the Platform or collect the contents on the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Zoom2u endorsement, partnership or otherwise misleads others as to your affiliation with Zoom2u;
- use the Platform in connection with the distribution of unsolicited commercial messages;
- contact the Carrier or another Carrier for any purpose other than asking a question related to your Booking, including, but not limited to, recruiting or otherwise soliciting any Carrier to join third-party services, applications or websites, without Zoom2u’s prior written approval;
- use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Delivery Fee or for any other reason;
- request, accept or make any payment for Carrier Services outside of the Platform. If you do so, you acknowledge and agree that you:
- would be in breach of these Terms;
- accept all risks and responsibility for such payment made outside of the Platform; and
- hold Zoom2u harmless from any liability for such payment;
- discriminate against 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, or otherwise engage in any abusive or disruptive behaviour;
- use, display, mirror or frame the Platform or collect the contents on the Platform, or any individual element within the Platform, Zoom2u’ name, any Zoom2u trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Zoom2u platform, without Zoom2u’ express written consent;
- dilute, tarnish or otherwise harm the Zoom2u brand in any way, including through unauthorized use of the content on the Platform, registering and/or using Zoom2u or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Zoom2u domains, trademarks, taglines, promotional campaigns;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Zoom2u or any Carrier or any other third party to protect the Zoom2u platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.
16. Indemnity and Liability
16.1 General Indemnity
You agree to indemnify Zoom2u, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Zoom2u may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
16.2 General Limitation of Liability
We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with your use of the Platform or retention of Carrier Services.
16.3 Carrier Services Liability
To the extent permitted by law, Zoom2u will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property and damage or loss to the Consignment) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Carrier Service.
16.4 Information Accuracy
You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by you or other users of the Platform or Website, and that Zoom2u does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 of these Terms are reasonable.
17. Warranties and Representations
17.1 The use of this Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
17.2 None of Zoom2u’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Platform.
18.1 A notice or other communication must be in writing in English and may be served to Zoom2u personally by post or email to Zoom2u at:
Name: Zoom2u Pty Ltd
Registered Address: Level 4, Suite 4.11, 55 Miller St, Pyrmont, 2009, NSW, Australia
Postal Address: PO Box 1413, North Sydney, 2059, NSW, Australia
Email Address: [email protected]
18.2 Zoom2u may change its address for service of notices by written notice on the Platform. A notice or notice or other communication must be in writing in English and may be served personally by post or email to you at the details provided on the Platform for your User Account.
18.3 You may change your address for service of notices by written notice to Zoom2u at [email protected]
19. General Provisions
19.1 Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
19.2 Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
19.3 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
19.4 These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.
Last updated 5th February 2021