1 OVERVIEW OF TERMS
1.1 Zoom2u Pty Ltd (ABN 70 169 869 327) (“Zoom2u”, “we”, “our” or “us”) provides an on-demand directory service (“Service”). The Service operates through the Zoom2u App and Website (together, the “Platform”). The Platform enables our customers (“Customers”, “you” or “your”) to make a booking request for a carrier (“Booking Request”) and for a Registered Carrier to accept that Booking Request (together, a “Booking”).Zoom2u also operates under the Freight Match, Same Day Express Couriers, Urgent Express Courier and goParcel business names.
1.2 Zoom2u only provides to the Customer the directory service and Platform as set out in these Terms. Zoom2u does not employ or contract Carriers. The Customeracknowledges and agrees that Zoom2u is a technology services provider which provides the Platform as a neutral venue where Carriers and Customers can be connected. Zoom2u does not offer to or provide, perform or conduct Transportation Services nor does it act as a freight forwarder or broker. CarrierCarrier Zoom2u does not participate in the interaction between Carriers and Customers, except to provide technology to facilitate the interaction, including in relation to the processing of payments on behalf of Customers to Registered Carriers.
2 ACCEPTANCE OF AGREEMENT
2.1 Your access to and use of the Platform, and the Service provided by Zoom2u is conditional upon your acceptance without modification of all the terms and conditions outlined in this agreement (“Terms”) and any other conditions and notices set out on the Platform, which together form a legally binding agreement between us and you in relation to the provision of the Service to you, as varied from time to time (the “Agreement”).
2.2 Your use of the Service indicates your acceptance of this Agreement. If you do not accept the Agreement, you are not authorised to use the Service and you must refrain from using the Service.
2.3 To the extent that anything in these Terms is different to the content available on the Platform, the provisions of these Terms shall prevail.
3 COMMENCEMENT DATE
The Agreement begins on the date you register to use the Service. In registering to use the Service, you will be provided with an account to enable you to access the Service (“User Account”).
4 AMENDMENT OF AGREEMENT
Zoom2u reserves the right at any time, at Zoom2u’s sole discretion, to change or otherwise modify the Agreement, without notice. You should check the Platform from time to time so you are aware of any changes. Your continued access or use of the Service signifies your acceptance of the updated or modified Agreement.
5 HOW TO BOOK THE SERVICE
5.1 You may make a Booking Request using the Service on the Platform when you are logged into your User Account. You will be required to enter:
(a) a description of the item(s) to be carried (the “Consignment”), including its dimensions and weight;
(b) the pick-up address, being the address from which the Carrier will collect the Consignment, and the full name of the person who is authorised to provide the Carrier with the Consignment at the pick-up address (the “Authorised Sender”);
(c) the drop-off address, being the address to which the Carrier is required to deliver the Consignment, and the full name of the person or company to whom the Consignment is to be delivered (the “Authorised Recipient”); and
(d) the earliest time at which the Consignment will be available for collection at the pick-up address (“Pick-Up Time”) and the approximate time that you would like the Carrier to deliver the Consignment to the drop-off address (please note that if no time is provided to us, we will simply arrange for the delivery to be completed at a time convenient to us).
5.2 Once you have entered the required details for the particular Booking Request, we will provide you with a quote for the Service (“Service Fee”). If you choose to accept the quote and book the Service at the quoted price, you will be required to enter your credit card details for payment (as described in more detail in clause 9 below). Your Booking Request will then be confirmed.
5.3 Zoom2u may allow Customers to request that a Booking Request is first offered to a particular Registered Carrier, subject to availability. In the event that a Customer makes such a request (“Specified Booking Request”) the following shall apply:
(a) Zoom2u may make the Specified Booking Request available for acceptance by the applicable Registered Carrier via the Platform;
(b) the Registered Carrier will have 1 (one) minute (or such other period specified in the Specified Booking Request) from the Specified Booking Request being made available for viewing on the Platform in which to accept the Specified Booking Request;
(c) if the Registered Carrier accepts the Specified Booking Request, the Registered Carrier guarantees to perform the booking as required by the Specified Booking Request; and
(d) if the Registered Carrier does not accept the Specified Booking Request within the specified period, the Specified Booking Request shall immediately convert into an ordinary Booking Request and be advertised on the Platform to all other available Registered Carriers.
6 OVERVIEW OF SERVICE
6.1 After you have made a Booking Request, and subject to clause 15, Zoom2u will upload that Booking Request onto the Platform. Each Booking Request uploaded onto the Platform will be able to be viewed by all Registered Carriers and will be open for acceptance by any Registered Carrier on a ‘first come, first served’ basis (subject to the Terms).
6.2 (a) Zoom2u will not be party to any contract that may arise between a Customer and a Registered Carrier as a result of a Registered Carrier accepting a Customer’s Booking Request/s.
(b) Any and all communications, correspondence, verbal or written, or any warranties or representations made with regard to the Transportation Services, are not provided by Zoom2u and are specifically and solely between the Carrier and the Customer;
(c) Zoom2u makes no warranty or representation in relation to any Carrier and has no control over any aspect of any Consignment (including mass, dimension, load restraint, or pick-up, delivery or transit timing requirements) or the Carrier’s ability to transport items;
(d) Zoom2u does not have any responsibility for or control over the Carrier or the Customer. The Carrier is solely responsible for and has control over the delivery, quality or safety of the Transportation Services and Zoom2u is not responsible for the agreements or any other legal aspects relevant to the Transportation Services that are facilitated through the Platform, other than as may be required by law.
6.3 Zoom2u does not guarantee that any quantity of Booking Requests may be accepted by Registered Carriers.
6.4 Upon a Booking being made, a Carrier will endeavour to arrive at the specified pick-up address at or soon after the Pick-Up Time. Once the Carrier arrives at the pick-up address, the Carrier will require a signature from the Authorised Sender, and the Carrier may photograph the Consignment.
6.5 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.
6.6 When the Carrier arrives at the drop-off address, the Carrier will require a signature from the Authorised Recipient (please note that the Carrier may also leave the Consignment with anyone at the drop-off address who represents that they are authorised to take delivery of the Consignment on behalf of the Authorised Recipient), and the Carrier may again photograph the Consignment.
7 ENGAGEMENT OF COURIERS
7.1 Upon receiving a Booking Request from a Customer, Zoom2u agrees to upload that Booking Request to the Platform (subject to the Terms and the terms of the Zoom2u Carrier Agreement available at https://carrier.Zoom2u.com/terms.html
7.2 By using the Platform Customers agree that they will observe and comply with all regulations relating to their engagement of Carriers, including any applicable workplace laws. For more information, see https://www.fairwork.gov.au/about-us/legislation and https://www.safeworkaustralia.gov.au/sites/SWA.
7.3 By using the Platform, you acknowledge that a Registered Carrier may:
(a) perform your Booking him or herself;
(b) have his, her or its employees perform your Booking; or
(c) engage another individual or company to act as a subcontracted carrier to perform your Booking,
provided that the performance of your Booking is in accordance with the terms of the Zoom2u Carrier Agreement.
8.1 You warrant that in using the Service in respect of a Consignment, you have lawful authority to authorise a Carrier to collect, transport and deliver the Consignment in accordance with the details of the relevant Booking and the terms of the Agreement.
8.2 You warrant that each Consignment for which you make a Booking, including any packaging, will not cause damage or injury to any person or property in the course of the ordinary carriage, storage and transportation of such Consignment.
8.3 You acknowledge and accept that it is your sole responsibility to arrange insurance for any loss or damage to the Consignment independently, including any loss or damage arising out of a delay in the collection or delivery of the Consignment or in connection with the storage of the Consignment during transit, and that Zoom2u does not offer any insurance in relation to the loss or damage to your Consignment.
8.4 You agree to ensure that each Consignment (and its packaging) must not weigh more than 30 kilograms.
8.5 You agree that you shall not make any Booking Request or otherwise permit a Consignment to be carriered using a Carrier in respect of Consignments which are:
(a) people, animals or any other living creature of any kind;
(b) stolen or illegal items or items which you do not know are not stolen or illegal items;
(c) fragile or perishable;
(d) valuable items (including without limitation precious stones, metals, watches, jewellery, furs, china, art, antiques, prescription drugs, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes);
(e) noxious, flammable, corrosive, poisonous, explosive or other dangerous items, including items that have been deemed or defined as dangerous under any law or regulation;
(f) or contain illicit drugs, fireworks, weapons of any description or firearms;
(g) hazardous regardless of whether the risk of such hazard can be reduced or controlled if the item is handled or packaged properly;
(h) or contain chemicals, gasses, poisons or toxins, toxic waste, radioactive materials, organic peroxides, oxidising substances, bacteria, viruses, infectious or biological substances, human tissue or any other living organisms and specimens; or
(i) otherwise unlawful.
8.6 You acknowledge that a Carrier has no authority to bind Zoom2u in any way and you must not seek to agree with a Carrier any additional or alternative terms or conditions to those contained in this Agreement.
8.7 You acknowledge that you have obligations under the Heavy Vehicle National Law (“HVNL”) and warrant that you will at all times comply with your obligations under the HVNL and Zoom2u’s Chain of Responsibility Policy and Terms (as amended from time-to-time), which are incorporated into these Terms as if set out in full and are available at www.Zoom2u.com.au.
9 SERVICE FEE
9.1 Once you enter the required details to make a Booking Request, we will advise you of the Service Fee payable to Zoom2u for the Service. If you choose to make the Booking Request, you will be prompted to enter your credit card details. Your credit card will be charged the amount of the Service Fee. The Service Fee is inclusive of GST.
9.2 In the event that you cancel a Booking (which has been processed as a Booking Request, and accepted by a Registered Carrier), but the Consignment has not yet been picked-up by a Carrier, no Service Fee shall be payable in relation to the relevant Booking.
10.1 If you choose to make the Booking Request, by providing us with your credit card details to pay the Service Fee, Zoom2u reserves the right to use such credit card details to process payment of the Service Fee until the payment has been successfully made. You acknowledge that you are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments. Zoom2u reserves the right to retain any credit card details that you provide to us for the purposes of this Agreement, including to process any future payment of fees from you.
10.2 Nothing prevents us from taking any action necessary to recover any unpaid Service Fees. We are entitled without express authorisation from you to recover any and all costs incurred by us in recovering unpaid Service Fees from you, including debt collection costs, commissions, legal fees and any out of pocket expense.
10.3 The Service Fee and any other sums due to Zoom2u under this Agreement must be paid without deduction, set-off or counterclaim.
11.1 The Carrier will wait for a maximum of 10 minutes at both the pick-up address and the drop-off locations. You acknowledge and accept that if, after 10 minutes, the Authorised Sender or Recipient, as applicable, is not physically present at:
(a) the pick-up address: the Carrier will be entitled to leave the pick-up address and the Service Fee will not be refunded to you; or
(a) the drop-off address: the Carrier will 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 Service Fee will not be refunded to you and we will charge you additional fees for the process, including for any return trip made by the Carrier (such additional fee will normally be equivalent to the amount of the Service 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.
12 YOUR OBLIGATIONS
12.1 You acknowledge and agree that:
(a) any information that you provide to Zoom2u when registering your User Account, will be complete and accurate, and you agree to ensure that the information contained in your User Account is up-to-date;
(b) any information that you provide to Zoom2u in using the Service, whether orally or in writing, will be complete, reliable, accurate and valid, and additionally, in respect of information relating to another person (such as the contact details of the intended recipient of a Consignment), you will have obtained the express permission or consent from that person before providing their information to us;
(c) you will provide complete and accurate details in relation to a Consignment (such details must include the matters set out in clause 5 (How to Book the Service);
(d) you will not contact or engage with any Carrier for employment or contracting for any business outside of the Platform without our prior written consent;
(e) you will not contact Carriers whose details are obtained from the Platform for any purpose other than in accordance with the Agreement;
(f) once you make a Booking Request, you must ensure that the Consignment is ready for pick-up from the pick-up address immediately (or at least 15 minutes before the time in which you have specified to us that the Consignment will be ready for pick-up);
(g) 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;
(h) you shall 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 us as evidence of pick-up and drop-off;
(i) you must ensure that the Consignment is suitable and safe to be carried, stored and transported, having regard to the nature of the Consignment;
(j) 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 applicable laws and regulations, including the HVNL, relating to the consigning, labelling, packaging, carriage, storage and delivery of the Consignment;
(k) 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;
(l) you must permit (and instruct any other relevant person or company to allow) the Carriers to inspect the Consignment (including the removal of any labels or packaging), and provide any necessary assistance in that respect, if the Carriers deem it necessary to ensure that the transport of the Consignment complies with this Agreement; and
(m) you will not denigrate, comment unfairly about or defame Zoom2u, its directors or employees, any Carriers, any other Customers and/or the Service either during or after the term of the Agreement, including on any form of social media, and whether or not by identifying any particular person.
13 OUR OBLIGATIONS
13.1 Subject to your performance and observance of the terms and conditions of this Agreement, Zoom2u agrees to provide the Service to you in accordance with this Agreement.
14 USER ACCOUNT
14.1 In order to use the Service you must create a User Account and agree to provide any personal information requested by Zoom2u. In particular, you will be required to provide your first name, last name, title, residential address, valid telephone number and email address.
14.2 You agree and accept that:
(a) all of the information you provide to Zoom2u when setting up your User Account and at any other time will be true, complete and accurate in all respects;
(b) any information supplied to Zoom2u or uploaded onto the Platform (including details of a Consignment), will be true, accurate and complete;
(c) you will safeguard your User Account information (including passwords and identification details) and supervise and be completely responsible for any use of the User Account by anyone other than you; and
(d) you have legal capacity, full right, power and authority to enter into the Agreement and to use the Service in accordance with this Agreement.
14.3 Zoom2u will not be liable to you in the event that any information provided by you is incomplete, inaccurate, misleading or fraudulent.
14.4 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.
15.1 Zoom2u may terminate your User Account, the Agreement and your access to the Service, at any time and without prior notification if it considers, in its sole opinion, that you have breached any aspect of the Agreement. If Zoom2u exercises its right of termination under this clause 15, you must not sign up for another User Account and must cease using the Service immediately.
15.2 Upon termination of the Agreement, Zoom2u will have no further obligation to, and will cease to, provide the Service to you, and you will pay to Zoom2u any fees and charges owing under the Agreement.
15.3 The respective accrued rights, obligations and remedies of Zoom2u and the Customer are not affected by the termination of the Agreement.
17.1 You agree, and shall ensure that your subcontractors, employees and agents agree, at all times during and for so long as is legally permissible after the term of the Agreement to keep confidential the Confidential Information and will not (and will use best endeavours to ensure third parties do not) disclose, discuss, copy or transmit the same without the prior written approval of Zoom2u, except as required by law or to the extent necessary to perform any obligations under the Agreement or where the information is or becomes public knowledge (but not if it is because you or any of your subcontractors, employees or agents have contravened a confidentiality obligation under this clause 17).
17.2 The obligations under this clause will survive termination of this Agreement.
18 LOSS OR DAMAGE TO CONSIGNMENT
18.1 In the event that a Consignment is damaged in transit between the pick-up address and the drop-off address, you agree to keep and show us evidence of such damage and the likely value of replacement or repair of the Consignment as relevant.
18.2 If you can provide us with satisfactory evidence that the Consignment was materially damaged or lost in transit between the pick-up address and the drop-off address and the evidence shows that:
(a) such material damage or loss was due to a direct negligent act or omission of a Carrier; and
(b) you have not caused or contributed to that material damage or loss and there has been no breach of the Agreement by you, you may submit a claim to us, by emailing hello@Zoom2u.com, for the repair or replacement of the Consignment. You acknowledge and agree, however, that our liability to you under this clause 18 in respect of the Consignment is always subject to the following conditions:
(i) our liability for the repair or replacement of any one Consignment (that is, any one delivery booked by you via the Service) will be limited to a value of $300 regardless of the actual value of the Consignment or the actual cost of repair or replacement;
(ii) our satisfaction that the Carrier’s act or omission which caused the damage or loss was not reasonable in all the circumstances (e.g. an act or omission may be reasonable if it was done as part of a reflex action or if it is done in response to an immediate threat of harm or danger to any person or property);
(iii) you allow us reasonable time to investigate and process your claim;
(iv) when submitting a claim, you must provide us with satisfactory evidence of the value of the Consignment and the cost of repair or replacement of the Consignment; and
(v) any evidence provided to us in relation to the damage or loss of the Consignment, or the value or cost of repair or replacement of the Consignment, will always be conditional on our satisfaction that the evidence is complete, reliable, accurate and valid.
18.3 Any claims under this clause 18 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.
18.4 Notwithstanding clause 18.2 above, Zoom2u is not responsible for any loss or damage caused as a result of any of the following:
(a) provision of the Service, including the delivery of the Consignment, at times outside any times that you indicate to us that you would like the Service to be provided, including approximate times for pick-up and drop-off of the Consignment; or
(b) provision of the Service in accordance with (or not in accordance with) any special instructions that you may have given to us (or the Carriers), whether orally or in writing, unless we have expressly undertaken to you in writing that we will be so responsible. In the event we undertake to be so responsible, our liability for any loss or damage caused to you as a result of our breach shall be limited to a refund in accordance with clause 19.1 below.
18.5 For the avoidance of doubt, the matters in this clause 18 do not apply to losses or damages suffered by you as a result of the service provided by a Carrier, including the late or non-delivery of the Consignment.
19 REFUND AND LIABILITY
19.1 You have the right to request a refund of the Service Fee from Zoom2u if the Carrier fails to attend the pick-up address or deliver the Consignment to the drop-off address, provided that failure did not arise due to a breach of the Agreement by you. It is in Zoom2u’s sole discretion whether to refund the Service Fee. Please raise any concerns and make any requests for refund to: hello@Zoom2u.com.
19.2 Zoom2u shall have a general lien over each Consignment for all fees and charges due or falling due to it by you in respect of your use of the Service. Zoom2u will not release such lien until all outstanding fees and charges have been paid to it in cleared funds. If outstanding amounts have not been paid to us within three months of the earliest due date for such amounts, we shall be entitled to sell the Consignment for any amount we choose with no liability to you or any other person with an interest in such Consignment whatsoever and shall apply the proceeds thereof towards discharging the outstanding sums due from you and recovering the costs of sale.
19.3 Subject to Clause 18 (Loss or Damage to Consignment), to the maximum extent permitted by law, Zoom2u will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of you using the Service.
19.4 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits Zoom2u from excluding or modifying the application of, or Zoom2u’s liability under, any such condition or warranty, that condition or warranty will be deemed included but Zoom2u’s liability will be limited for a breach of that condition or warranty to one or more of the following at Zoom2u’s selection insofar as the law permits:
(a) the supplying of the Service again; or
(b) a refund of the Service Fee paid.
19.5 Nothing in this Agreement shall exclude or limit the liability for:
(a) death or personal injury caused solely by a Party’s negligence;
(c) wilful default or gross negligence; or
(d) any other liability which cannot be excluded under applicable law.
19.6 Neither Party will be liable for delays or non-performance of this Agreement due to a force majeure event, which means any event which is not within the reasonable control of a Party which could not reasonably have been prevented by that Party (including, acts of God, war, terrorism, extreme weather conditions, floods, earthquakes, fire and industrial disputes), however, an obligation to pay any fees or charges shall not be excused by virtue of such event.
19.7 For the avoidance of doubt, nothing in this Agreement limits or affects any agreement between the Carrier and the Customer as to liability for loss and damage to the Consignment.
20 MODIFICATION, SUSPENSION AND TERMINATION OF THE PLATFORM
20.1 You acknowledge that Zoom2u may, at any time, and in its absolute discretion, with or without notice to you and without refund:
(a) modify or discontinue the Platform; and/or
(b) immediately modify, suspend or terminate your access to or use of the Platform.
20.2 You acknowledge and agree that Zoom2u will not be liable to you or any other party for any:
(a) suspension or termination of your access to the Platform;
(b) deletion of any information or materials contained on the Platform posted by you, or any information you provide to a Carrier via the Platform; or
(c) modification or discontinuance of the Platform.
20.3 Continued use of the Platform following notice to you of any modification to the Platform will indicate your acknowledgment of such modifications and satisfaction with the Platform as so modified.
21.1 You indemnify Zoom2u and its officers, directors, employees and agents from and against any loss or damage (including costs and expenses not limited to reasonable legal fees) that we may suffer as a result of any claims, causes of action, suits, proceedings, demands, recoveries, fines or penalties brought by a third party arising out of:
(a) your use of the Service, whether directly or indirectly, including the use of the Platform;
(b) your breach of the Agreement; and
(c) your violation of any law, including the HVNL, or the infringement of any third party rights in connection with your use of the Service.
21.2 The obligations under this clause will survive termination of this Agreement.
22 DISPUTE RESOLUTION
22.1 In the event of a dispute, controversy or claim (“Dispute”), arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, the parties agree to the following dispute resolution procedure:
(a) 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”);
(b) 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 agreement between them; and
(c) 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 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.
22.2 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 22.
23.1 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 and ABN: Zoom2u Pty Ltd (ABN: 70 169 869 327)
Attention: The Director
Registered Address: Level 8, 11 Help Street, Chatswood, NSW 2067
Postal Address: PO Box 1413, North Sydney, NSW, 2059
Email Address: hello@Zoom2u.com
23.2 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.
23.3 You may change your address for service of notices by written notice to Zoom2u at hello@Zoom2u.com.
24.1 This Agreement is not intended to create a relationship between Zoom2u and the Customer of a partnership, joint venture, agency or employer-employee.
24.2 You must not assign or deal with the whole or any part of your rights or obligations under this Agreement without the prior written consent of Zoom2u. Any purported dealing in breach of this clause is to no effect.
24.3 Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
24.4 Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.
24.5 Where this Agreement provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in this Agreement, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
24.6 This Agreement contains the entire understanding between the Parties. All previous oral and written communications, representations, warranties or commitments are superseded by this Agreement and do not affect the interpretation or meaning of this Agreement and each of the Parties has relied entirely on its own enquiries before entering into this Agreement.
24.7 Provision of the Service is strictly in accordance with this Agreement. Zoom2u is not a common carrier and shall under no circumstances be liable to you as a common carrier.
24.8 Reservation of rights. Despite any other matters in this Agreement, Zoom2u reserves the right to refuse to process a Booking Request for the delivery of any Consignment of any kind for any person, or to refuse the provision of the Service, to any person, at its absolute discretion.
24.9 This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
Thank you for reading the Zoom2u Terms.
25.1 In this agreement:
Agreement has the meaning outlined in clause 2.1;
App means the apple or android app titled ‘Zoom2u’ offered by Zoom2u;
Authorised Recipient has the meaning outlined in clause 5.1(c);
Authorised Sender has the meaning outlined in clause 5.1(b);
Booking means a booking placed by a Customer 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 Registered Carrier in accordance with these Terms;
Business day means a day which is not a Saturday, Sunday or bank or public holiday in the state or territory in which the relevant Registered Carrier is resident;
Confidential Information means the Agreement and any information about Zoom2u, its operations, products, business, carrier services, Carriers and Customers and any information, the disclosure of which could be detrimental to the interests of Zoom2u, as acquired by the Customer (or any of its subcontractors, employees or agents) whilst, or as a result of, utilising the Service which is not in the public domain, other than as a result of breach of confidence;
Consignment has the meaning outlined in clause 5.1;
Carrier means a Registered Carrier and includes any sub-contractor and employee of such (who shall also be deemed to be bound by the Agreement);
Customers means customer of Zoom2u, namely those individuals or businesses who place bookings for carrier services on the Platform
Dispute has the meaning outlined in clause 22;
Dispute Notice has the meaning outlined in clause 22;
GST means goods and services tax or similar value added tax levied under the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
HVNL/Heavy Vehicle National Law means the Heavy Vehicle National Law (Qld) set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld) and as it applies through being adopted in other States and Territories and the Road Traffic (Administration) Act 2008 (WA) and Road Traffic (Vehicles) Act 2012 (WA) or any replacement or modification thereof.
Parties means the parties to this Agreement;
Pick-Up Time has the meaning outlined in clause 5.1(d);
Platform has the meaning outlined in clause 1;
Registered Carrier means a business registered as such via the boarding process and approved by Zoom2u to provide the carrier services;
Service has the meaning outlined in clause 1;
Service Fees has the meaning outlined in clause 5.2;
Specified Booking Request has the meaning outlined in clause 5.3;
Terms means these Terms of the Agreement;
Transportation Services means the on-demand transportation of Consignments by Carrier for Customer (including, if applicable, the loading and unloading of the Consignments under the instruction of Customer or receiver). For the avoidance of any doubt, these Terms do not constitute an agreement for and Zoom2u does not offer to or provide any Transportation Services.
Website means the website at the domain name www.Zoom2u.com.au (or such other domain name as Zoom2u may use in relation to the Business from time to time); and
Zoom2u means Zoom2u Pty Ltd (ACN 169 869 327) trading as Zoom2u.
Zoom2u Carrier Agreement means the agreement available at https://courier.Zoom2u.com/terms.html
(a) words in the singular include the plural and vice versa;
(b) headings are for convenience and do not affect the interpretation of this Agreement;
(c) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this Agreement;
(d) if any act which must be done under this Agreement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;
(e) “includes” and similar words mean includes without limitation; and
(f) a reference to time is to local time in New South Wales.
Zoom2u Pty Ltd (ABN 70 169 869 327)
Level 8, 11 Help Street,
Chatswood NSW 2067