1) For the purposes of these conditions of use, the following words have the following meanings:
Ancillary Websites means all sites that form part of the network of the Website.
Carrier means a provider of freight services that makes its services available to the Client via Temando.
Conditions means these conditions of use together with any notices and disclaimers contained elsewhere on the Website.
Dangerous Goods means any goods that are notified by you as being dangerous or such goods with a HAZMAT label.
GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the Act).
Tax invoice means tax invoice as defined by the Act.
Temando means Temando Pty Ltd ACN 120 582 738 and its related bodies corporate.
Transaction means any freight transport booked through Temando’s cloud based multi-carrier freight quoting and booking system, which is accessible through the Website or Ancillary Websites or alternatively through Temando’s API and includes licensed software and the licensed system.
Website means www.temando.com.
2) The Conditions form the conditions of supply of material on, use of and access to the Website or Ancillary Websites and the provision of services ralated thereto. The Conditions were last amended on 5 August 2016.
3) Additional conditions for the Ancillary Websites are set out on those websites. From time to time, Temando may also run competitions, prize draws and promotions on the Website or Ancillary Websites. These will be subject to additional terms and conditions, which will be made available on the relevant competition, prize draw or promotion page.
4) Your Conduct
a) As a condition of your use of the Website or Ancillary Websites, you warrant to Temando that you will not use the Website or Ancillary Websites for any purpose that is unlawful or prohibited by the Conditions.
b) In particular, you agree not to:
i) Use the Website or Ancillary Websites to defame, abuse, harass, stalk, threaten or otherwise offend others;
ii) Publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
iii) Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Website or Ancillary Websites;
iv) Impersonate any person or entity;
v) Upload, post, e-mail, transmit or otherwise make available using Temando any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
vi) Breach any applicable laws or regulations.
c) You must indemnify Temando if Temando or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of the Conditions or any other legal obligation by you or your use of or conduct on Temando.
d) Temando retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable legal requirement or governmental request.
5) Critical Conditions
a) The use of the Website or Ancillary Websites is subject to the Conditions, as amended from time to time.
b) A Transaction is deemed to be accepted once payment is confirmed, regardless of payment method. After acceptance you are responsible for having the specified goods ready at the date and time indicated by you.
c) You are responsible for providing accurate information for a Transaction including:
i) dimensions and weight;
ii) the point of origin for the shipment;
iii) the point of destination for shipment;
iv) whether the shipment will be insured and the amount of coverage; and
v) any other special instructions.
d) You are responsible for packaging of your goods.
e) If the Carrier charges or penalises Temando for an additional pickup due to your failure to have your goods ready for collection at the time indicated in the Transaction, these fees, and any other fees under a service or carrier agreement will be billed to you.
f) If a discrepancy is found between the weight indicated to Temando in the Transaction and the actual weight of your goods upon being weighed by the Carrier, any additional charges incurred will be charged back to you and Temando reserves the right not to send the goods until this fee is paid.
g) If a discrepancy found between the dimensions indicated to Temando in the Transaction and the actual dimensions of your goods upon being measured by the Carrier, any additional charges incurred will be charged back to you and Temando reserves the right not to send goods until this fee is paid.
h) You are responsible for the contents of your freight and may not use the Website or Ancillary Websites to send any item which is in any violation or conflict of any legislation or regulations of the respective origin and destination locations.
i) Any Dangerous Goods must be declared and are the responsibility of the Carrier.
j) Temando has the right to charge any overdue accounts at the rate of ten per cent (10%) interest until accounts are paid and reconciled.
k) Temando is not liable for lost, stolen, damaged, wet, or wrongly delivered freight.
l) Should a Carrier or customer file for bankruptcy or foreclosure, Temando is not liable for any monies outstanding or issues of non-delivery.
m) Temando reserves the right to refuse access to its services to any customer for any reason in its absolute discretion. Temando shall not be liable to any customer should it exercise such a right.
6) Acceptance of Terms
Your use of the Website or Ancillary Websites constitutes acknowledgment and agreement by you that you accept and agree to abide and be bound by the Conditions.
If you object to anything contained in the Conditions or any subsequent amendments your only recourse is to immediately discontinue your use of the Website or Ancillary Websites.
If you have any issues and/or questions with the Conditions or any rule, policy, guideline or practice which Temando uses to operate the Website or Ancillary Websites, please contact us.
7) Intellectual Property
a) Unless expressly indicated to the contrary, Temando or its licensors own copyright in all texts, graphics and layouts ("Material") on this Website. You must not copy, modify, transmit or distribute any Material on this Website except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws. You acknowledge that you do not acquire any ownership rights by downloading Material from this Website.
b) You may reproduce in whole or in part the Material only if:
i) The reproduction is not for public or commercial purposes; and
ii) You do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute Temando as the copyright owner or licensee of the work.
The Temando logo is a registered trademark of Temando. Other trademarks may be displayed on the Website or Ancillary Websites from time to time which may belong to third parties. The Temando logo must not be used by you or any other person unless expressly authorised by Temando. Nothing displayed on the Website or Ancillary Websites should be construed as granting any license or right of use of any logo, masthead or trademark displayed on a website without the express written permission of the relevant owner.
Unless otherwise stated, charges referred to for use of any services provided by Temando via the Website or Ancillary Websites are GST inclusive. Where GST applies, upon payment for online credit by you, Temando will deduct the GST it incurs from each payment and Temando will issue you with a Tax Invoice. The balance of the payment will be credited to your account.
10) Third party links and advertising
a) Hyperlinks and pointers to websites operated by third parties may appear on the Website or Ancillary Websites from time to time. These websites do not form part of the Website or Ancillary Websites and are not under the control of Temando. Temando does not take responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you do so entirely at your own risk.
b) Temando may display third party advertisements on their Website or Ancillary Websites from time to time, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Temando of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on Temando, including via e-mail, Temando accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the third party.
Your use of the Website or Ancillary Websites is at your sole risk. All information provided on the Website or Ancillary Websites is provided in good faith. Neither Temando nor its directors or employees make any representation or warranty that:
a) any information on Website or Ancillary Websites will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that information) including the prices of products or services provided by Carriers. It is derived from sources believed by Temando to be accurate and current as at the date of publication; or
b) your access to Website or Ancillary Websites will be uninterrupted, timely or secure. Access to Website or Ancillary Websites is provided on an 'as available' basis. Temando will not be liable for loss resulting from any action or decision by you in reliance on the information on Website or Ancillary Websites, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
12) Carbon Measurement and Offsets
You may choose to measure and offset the CO2 associated with the Transaction. If you choose this option Temando makes no representations or warranties that the Data is an exact calculation of the actual CO2 emissions generated or a fully certified figure in accordance with any national or international standards. The measurement is an indicative representation only of approximate CO2 emissions generated and is based on formulas and methods that are acquired through a third party and are based on independent published academic research, and as recommended by the International GHG Protocol Corporate Accounting and Reporting Standards and methodologies. The formulas and methods used, in connection with the CO2 measurement, may result in variations which reflect the current prevailing information and formulas and methods at the time of measurement. You acknowledge and agree that the nature of CO2 emissions and its measurement is an evolving science and is, by its nature, imprecise and general. In the event that an offset is purchased the Customer acknowledges that the retirement of Carbon Commodities is a permanent process. Once payment has been made and Carbon commodities have been retired and no refunds will be made available.
14) Virus Warning
Temando does not represent or warrant that any files obtained from or through this Website are free from computer viruses or other defects, including trojan horses and worms. Any such files are provided, and may only be used, on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
15) Limitation of Liability
a) Temando does not exclude any rights and remedies available to you under the Australian Consumer Legislation or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise Temando excludes all conditions and warranties that may be implied by law. To the maximum extent permitted by law, under no circumstances will Temando be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising out of or referable to the accessing, downloading, using or relying on any information on the Website or Ancillary Websites or any Material on a Third Party Website, whether caused by the negligence of Temando or otherwise.
b) The liability of Temando for a breach of a condition or warranty implied by law and which cannot be excluded, is limited, to the extent possible to:
i) the supply of the goods or services again; or
ii) the repair of the goods; or
iii) the payment of the cost of having the goods or services supplied again or repaired.
c) You expressly agree and understand that in no circumstances will Temando be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Temando or its related bodies corporate) which result from:
i) the use of or access to or any inability to use or access the Website or Ancillary Websites;
ii) unauthorised access to or alterations of your transmissions or data; or
iii) statements or conduct of any third party on the Website or Ancillary Websites.
Excluding liability for negligence the maximum liability of Temando and its related bodies corporate is equivalent to the total of any amounts you have paid to Temando and its related bodies corporate in respect of goods or services supplied to you by Temando or its related bodies corporate through Temando.
You agree to indemnify Temando, its directors, officers and employees against any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of the Conditions by you, or (to the extent permitted by law) in connection with your use of the Website or Ancillary Websites or the placement or transmission of information contained thereon by you.
Temando reserves the sole right to change, modify, delete or add any information on the Website or Ancillary Websites or discontinue your access to the aforementioned including any features on it at any time with or without notice to you. Temando is not liable to you or to any third party should it exercise such right. Modifications may include, but are not limited to, changes in the services and/or products listed and/or the prices of such services and/or products.
18) Applicable Law
These conditions and all other specific and additional terms which govern your use or membership of and access to Temando will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.