ZOOM2U CUSTOMER TERMS AND CONDITIONS
Your access to and use of the Services provided by Zoom2u Pty Ltd Trading as Same Day Express (ABN 70 169 869 327) (“Zoom2u”, “Same Day Express” “we”, “our” or “us”) is subject to the following terms and conditions (“Terms”):
1. Overview of Terms:
Zoom2U provides on demand courier services which can be booked via zoom2u.staging.wpengine.com (the “Website”) or the Zoom2u application for mobile devices (“App”) by our customers (“Services”). We perform the Services by using a network of couriers to deliver items for you. These Terms set out the terms and conditions under which we agree to provide such Services to you.
2. Acceptance of Agreement:
You wish to receive the Services. Access to the Services is offered to you, conditional upon your acceptance without modification of all the Agreement, conditions, and notices set out in this document, the App and on the Website. Your use of the Services indicates your acceptance of the Agreement, and any other terms, conditions, and notices which appear on the Website or the App, as they exist at that time (collectively, the “Agreement”). If you do not accept the Agreement, you are not authorised to use the Services.
3. Commencement Date:
The Agreement begins on the date you commence to book the Services. You will also be prompted to complete registration and you will be provided with an account to enable you to access the Services (“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 in accordance with the Terms, without notice. You should check the Website from time to time so you are aware of any changes. Your continued access or use of the Website signifies your acceptance of the updated or modified Agreement.
5. How to book the Services:
You may book the Services by making a booking on the Website or the App when you are logged into your User Account. You will be required to enter the:
(a) pick-up address,
(b) drop-off address, the nature of the item to be couriered (the “Consignment”),
(c) the required time for drop-off of the Consignment and the approximate weight of the Consignment.
Once you have entered the required details, we will provide you with a quote for the Services. If you choose to book the Services at the quoted price, you will be prompted to enter your credit card details for payment.
6. Overview of Services:
Once you book the Services via the Website or the App, a courier will endeavour to arrive at the specified pick-up address within time notified to you of the time of booking. The courier will require a signature from you or your authorised representative and will also photograph the Consignment at the pick-up address and then at the drop-off address. You will be able to track the delivery of the Consignment via your User Account or via the Website or App using the track number provided to you upon booking the Services.
The Consignment must not weigh more than 30 kilograms.
You agree that you shall not make any booking or otherwise permit a Consignment to be couriered under our Services where such Consignment contains:
(a) people or animals of any size;
(b) items which you have no authorisation to possess or handle (including, stolen goods);
(c) items which are fragile or perishable;
(d) valuable items (including, 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) dangerous or illegal items;
(f) items which have potential to harm (such as illicit drugs, weapons or firearms);
(g) items which are flammable, corrosive, explosive; or
(h) items which are otherwise unlawful.
You acknowledge that in the event of any loss or damage to a Consignment, your recovery under our cover policy is limited to $300. Please see further details in Clause 16 (Loss or Damage to Consignment).
8. Service Fee:
Once you enter the required details to make a booking for the Services, we will provide you with the Service Fee payable to Zoom2u for the Services. If you choose to make the booking for Services, you will be prompted to enter your credit card details. Your credit card will be charged by the amount of the Service Fee. The Service Fee is inclusive of GST.
If you choose to book the Services and provide us with your credit card details to pay the Service Fee, Zoom2u reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. You acknowledge that you are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
Nothing prevents us from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be your liability.
10. Your attendance at pick-up and drop-off locations:
We shall 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, you are not physically present or do not arrange for your authorised representative to be present at:
(a) the pick-up address: the courier will leave the pick-up address and the Service Fee will not be refunded to you; and
(b) the drop-off address, the courier will return the Consignment to the pick-up address and charge you an additional fee for the return trip made by the courier, such additional fee will normally be the amount of the Service Fee you initially paid and you agree to such additional amount being charged to your credit card.
11. Your Obligations: You acknowledge and agree that:
(a) you will provide to Zoom2u complete and accurate identification details before being given a User Account to access the Services;
(b) you will provide complete and accurate details in relation to a Consignment. Such details shall include but are not limited to an accurate description of the contents of the Consignment, a full name and address of the pick-up address, a full name and address of the drop-off address and any special delivery instructions;
(c) once you make a booking for Services, you must ensure that the Consignment is ready for pick-up from the pick-up address immediately and you must arrange acceptance of the Consignment at the drop-of address in accordance with the details you submitted and in accordance with these Terms;
(d) You shall ensure that either yourself or any authorised representative is physically present at both the pick-up address and the drop-off address and to provide a signature as evidence of pick-up and drop-off;
(e) you shall ensure that the Consignment is secure, properly placed and labelled in accordance with good practice and any application statutory requirements and is fit and safe to be carried, stored and transported;
(f) you shall permit the Consignment to be photographed by courier at both the pick-up address and the drop-off address; and
(g) In the event that a Consignment is damaged in transit between the pick-up address and the drop-off address, and you wish to make a claim in relation to such damage, you agree to keep and show us evidence of such damage and the likely value of replacement or repair of the Consignment as relevant.
12. Our Obligations: We agree to:
(a) arrange for a courier to endeavour to attend the pick-up address within the time stipulated to you at the time of your booking the Services; and
(b) perform the Services with due care and skill;
13. User Account
In order to use the Services you must create a User Account and agrees 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.
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 posted on the Website in connection with booking of Services (including details of a Consignment) will be true accurate and complete;
(c) you will safeguard your account information (including passwords and identification details) and will supervise and be completely responsible for any use of the User Account by anyone other than you; and
(d) you are over the age of 18 and you possess the legal authority to enter into this Agreement and to use the Services in accordance with the Terms.
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.
Zoom2u may terminate your User Account, this Agreement and your access to the Services, at any time and without prior notification if it considers, in its sole opinion, that you have breached any aspect of this Agreement.
Upon termination of this Agreement, Zoom2u will have no further obligation to, and will cease to, perform the Services you, and you will pay to Zoom2u any amount owed under this Agreement.
The accrued rights, obligations and remedies of the Parties are not affected by the termination of this Agreement.
16. Loss or Damage to Consignment
If you can show evidence that the Consignment was damaged or lost between the pick-up address and the drop-off address and you can show that:
(a) such damage or loss was due to an act or omission of the courier; and
(b) there has been no breach of the Terms by you,
you may make a claim for the repair or replacement of the Consignment up to a value of $300.
Please make any claims within 7 days of such loss or damage occurring by emailing firstname.lastname@example.org.
17. Refund and Liability
You have the right to request a refund of the Service Fee, from Zoom2u, if the courier fails to attend the pick-up address or deliver the Consignment to the drop-off address.
It is in Zoom2u’s sole discretion whether to refund the Service Fee.
Please raise any concerns and make any requests for refund to: email@example.com.
Subject to Clause 16 (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 Services.
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: the supplying of the Services again or a refund of the Service Fee paid.
Nothing in this agreement shall exclude or limit Zoom2u’s liability for (i) death or personal injury caused solely by Zoom2u’s negligence; (ii) Zoom2u’s fraud; or (iii) Zoom2u’s wilful default or gross negligence (iv) any other liability of Zoom2u which cannot be excluded under applicable law.
You indemnify Zoom2u and officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) any and all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from using the Website and the Services.
(b) your breach of any aspect of this Agreement; and
(c) your violation of any law or the rights of a third party.
The obligations under this clause will survive termination of this Agreement.
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)
Contact Person Name: Steve Orenstein
Registered Address: Level 8, 11 Help Street, Chatswood, NSW 2067
Email Address: firstname.lastname@example.org
Zoom2u may change its address for service of notices by written notice on the Website.
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 application for your User Account.
You may change your address for service of notices by written notice to Zoom2u.
20.1 This Agreement is not intended to create a relationship between the Parties of partnership, joint venture, agency or employer-employee. You have no authority to create, assume or otherwise enter into any agreement that imposes rights or obligations on the part of us.
20.2 This Agreement is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld). Any purported dealing in breach of this clause is of no effect.
20.3 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.
20.4 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.
20.5 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.
20.6 You hereby agree to waive any rights to challenge the validity or enforceability of this Agreement into on the Website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed.
20.7 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.
20.8 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.
Zoom2u Pty Ltd (ABN 70 169 869 327)
Level 8, 11 Help Street,
Chatswood NSW 2067