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Terms and Conditions

  1. Overview of Terms

Easy is a technology services provider that operates a venue that connects you and a Carrier.

The Website 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 Easy to access and use the Website in order to connect with you and other users of the Platform.

These Terms govern your use of the Website, and forms a binding contractual agreement between you and Easy, under which Easy agrees to provide you with access to the Website 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 Website 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 Website 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.

 

  1. Definitions

In these Terms:

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 Website for the provision of the Carrier Services which has been processed by Easy and communicated to the Carrier via the Website 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 this document.

Carrier means the individual (including a person trading under a business name), partnership or entity approved by Easy to use the Website 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 a Customer 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 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.

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, trade marks, 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 Easy or suffered, incurred or paid by Easy (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.

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 Website.

Specified Booking Request means a Booking Request made by a Customer that is offered to an Applicable Carrier.

Site Content means all material, content and information made available on the Platform and/or Easy official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the 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 Easy 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.

You or your means a person who uses and accesses the Platform, including any person who makes a Booking Request.

Website means the website at the domain name https://archerdigital.net/easydelivery

 (or such other domain name as Easy may use in relation to the Platform from time to time).

  1. Terms of Use

3.1 Easy grants to you a revocable, non-exclusive and non-transferrable licence to:

  1. use and access the Platform on your personal device solely for the permitted use of making Booking Requests on these Terms;
  2. view the Website:
  3. print pages from the Website in its original form; and
  4. download any material from the Website for the purposes of using the Platform.

3.2 You acknowledge and agree that:

  1. Easy does not employ the Carriers;
  2. Easy does not offer to or provide, perform or conduct Carrier Services nor does it act as an agent or broker for the Carrier;
  3. Easy 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 from behalf of Carriers;
  4. the Carrier may personally perform the Carrier Service or engage another individual, company or employee of the Carrier to complete the Carrier Service;
  5. you enter into these Terms and use the Platform entirely at your own risk.
  6. Overview of Terms

4.1 These Terms commence on the date you access and use the Platform (the Website).

4.2 Easy 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, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website. 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.

 

  1. How to use the Platform

    5.1 To make a Booking Request you must choose the service that you are requesting for (You Click & We Collect, Shop & Deliver or Easy Favour) be enter the following information into the booking system as set out on the Website:
  2. a description of the Consignment, including its weight and dimensions (Not exceeding 10 Kg and 50x40x30 cm respectively) ;
  3. the pick-up address, being the address from which the Carrier will collect the Consignment, and the full name of the Authorised Sender;
  4. 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;
  5. the Pick-Up Time

5.2 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.

5.3 The Platform provides you with a function to make a Specified Booking Request however, this is subject to the availability of the Applicable Carrier.

5.4 You acknowledge and accept that in using the Platform to make a Booking Request:

  1. the information you have entered on the Platform is reliable, accurate and up-to-date;
  2. 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;
  3. you will provide complete and accurate details in relation to a Consignment when making a Booking Request;
  4. 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;
  5. 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;
  6. you must ensure that the Consignment is suitable and safe to be carried, stored and transported, having regard to the nature of the Consignment;
  7. 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;
  8. 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;
  9. 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;
  10. 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;
  11. that if after ten (10) minutes, the Authorised Sender or Recipient, as applicable, is not physically present at the drop-off address:
    1. the Carrier is authorised to leave the Consignment with such other person who represents that they are authorised to receive the Consignment; or
    2. 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
    3. the Booking will be completed for the purposes of clause 7.3 of these Terms;
  12. we may, on behalf of the Carrier, charge you additional fees 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.
  13. Payment

6.1 You agree that at the time of your first Booking, your credit card details will be transferred to Easy secure payment gateway to be held on behalf of the Carrier.

6.2 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.

6.3 Upon a Carrier accepting your Booking, Easy, 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.

6.4 Easy 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:

  1. processing any future payment of fees from you;
  2. processing any costs incurred by us (or the Carrier), in recovering any unpaid Delivery Fees;
  3. processing any additional fees or costs incurred by the Carrier due to incorrect information entered on the Platform by you;
  4. processing of any additional fees for a return trip made by a Carrier.

6.5 Nothing prevents us, on behalf of the Carrier, from taking any action necessary to recover any unpaid Delivery Fees.

6.6 In some circumstances Easy, 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.

  1. Cancellations

7.1 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.

7.2 In the event that the carrier is on route to collection, a cancellation fee will be applicable.

7.3 The following will occur if the Carrier is unable to fulfil a confirmed Booking (in full or part):

  1. 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;
  2. 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;
  3. if there is no suitable time and date, you will be given the option to cancel the Booking.
  4. Carrier Service and Compliants

8.1 Easy does not make any representations, warranties or guarantees as to:

  1. the safety and delivery of the Consignment while it is in the Carrier’s possession;
  2. the Carrier’s ability to transport the Consignment;
  3. the manner in which the Carrier performs the Booking; or
  4. 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.

8.2 Any issues or complaints regarding safety, quality, condition or description will be sent to Easy through the Website or to support@archerdigital.net the complaint or issue will be passed onto the Carrier that completed the Booking.

8.3 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 support@archerdigital.net with the following:

  1. evidence that the Consignment was materially damaged or lost in transit between the pick-up address and the drop-off address;
  2. evidence that such damage or loss was due to a direct act or omission of a Carrier;
  3. evidence there has been no breach of these Terms by you; and
  4. the likely value of replacement or repair of the relevant Consignment.

8.4 We, on behalf of the Carrier, will investigate and process the claim.

8.5 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 $200 to the Carrier to cover the repair or replacement of the Consignment that was lost or damaged.

8.6 Pursuant to the terms of trade between the Carrier and Easy, the Carrier will direct the amount covering the repair or replacement of the Consignment that was lost or damaged to you.

8.7 Any claims under this clause 9 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.

8.8 Notwithstanding anything in these Terms Easy 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.

  1. Termination

9.1 Easy may at its discretion terminate your use of, or access to, the Platform at any time without prior notification if it considers that you have breached any aspect of these Terms.

9.2 If Easy exercises its right of termination under this clause 9, you must cease using the Platform immediately.

10.3 If your use of the Platform is terminated:

  1. you will no longer be authorised to access the Platform or use any other services or products owned by Easy;
  2. 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 Easy;
  3. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
  4. all licences granted to you and all disclaimers by Easy and limitations of Easy liability set out in these Terms or elsewhere on the Platforms will survive termination.

9.3 Easy reserves the right to deduct any outstanding fees and charges owing to Easy and/or the Carrier on your User Account prior to disabling your access to the Website.

  1. Dispute Resolution

10.1 You acknowledge and agree that:

  1. any dispute between you and a Carrier concerning the Carrier Service carried out by the Carrier are directly between you and the Carrier;
  2. Easy is not a party to any dispute between you and a Carrier;
  3. Easy is under no obligation to mediate any dispute between you and the Carrier however Easy will endeavour to assist where necessary to mediate any dispute between you and a Carrier;
  4. you will be required to pay or reimburse any legal fees incurred by Easy as a result of having to mediate any dispute between you and a Carrier.

10.2 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:

  1. 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”);
  2. 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
  3. if the parties will not meet, or cannot agree on how to resolve the Dispute within 2 (two) weeks of the Dispute Notice having been received by the respondent, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Western Australia 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.

10.3 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 10.

  1. Security of Payment

11.1 We have taken all practical steps from both a technical and systems perspective to ensure that the payment details registered is well protected.

11.2 A secure payment gateway is used to process all transactions and credit card details.

11.3 Easy 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

  1. Privacy

12.1 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 ascertained, from the information or opinion.

12.2 The Platform collects and stores Personal Information you enter into the Website. Personal Information collected on the Platform will be maintained in accordance with our Privacy Policy.

12.3 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.

12.4 You must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.

  1. Intellectual Property

13.1 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, and the Website.

13.2 By posting or adding any content onto the Website 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.

13.3 The Site Content is protected by copyright and Easy reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.

13.4 You must not, without Easy prior written consent which may be withheld at its absolute discretion:

  1. copy, republish, reproduce, duplicate or extract Site Content;
  2. redistribute, sell, rent or licence any Site Content; or
  3. edit, modify or vary the Site Content.
  4. Acceptable Use

14.1 You must not use, or cause the Platform to be used, in any way which:

  1. breaches any of these Terms;
  2. infringes Easy or any third party’s Intellectual Property Rights;
  3. is fraudulent, illegal or unlawful; or
  4. causes impairment of the availability or accessibility of the Platforms.

14.2 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:

  1. spyware;
  2. computer viruses;
  3. Trojans;
  4. worms;
  5. keystroke loggers; or
  6. any other malicious computer software.

14.3 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

14.4 In connection with your use of the Platform, you will not assist or enable others to:

  1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
  2. 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 Easy endorsement, partnership or otherwise misleads others as to your affiliation with Easy;
  3. identifiable information about any other user, contained on the Platform in any way that is inconsistent with Easy Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Platform or third parties;
  4. use the Platform in connection with the distribution of unsolicited commercial messages;
  5. 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 our prior written approval;
  6. use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Delivery Fee or for any other reason;
  7. request, accept or make any payment for Carrier Services outside of the Platform. If you do so, you acknowledge and agree that you:
    1. would be in breach of these Terms;
    2. accept all risks and responsibility for such payment made outside of the Platform; and
    3. hold Easy harmless from any liability for such payment
  8. 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;
  9. use, display, mirror or frame the Platform or collect the contents on the Platform, or any individual element within the Platform, Easy, name, any Easy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Easy platform, without Easy express written consent;
  10. dilute, tarnish or otherwise harm the Easy brand in any way, including through unauthorized use of the content on the Platform, registering and/or using Easy 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 Easy domains, trademarks, taglines, promotional campaigns;
  11. 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;
  12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Easy or any Carrier or any other third party to protect the Easy platform;
  13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
  14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.
  15. Indemnity and Liability

16.1 General Indemnity

You agree to indemnify Easy, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Easy 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.

15.2 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 the Platform.

15.3 Carrier Services Liability

To the extent permitted by law, Easy 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.

15.4 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 Easy 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).

15.5 Acceptance

By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 15 are reasonable.

  1. Warranties and Representations

16.1 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.

16.2 None of Easy affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about the Site Content or Platform.

  1. General Provisions

18.1 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.

18.2 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.

18.3 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

18.4 These Terms shall be governed by and construed in accordance with the law for the time being applicable to Western Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of Western Australia.