WizMe Terms of Trade – WizMe Service

WizMe – ABN 44 607 344 454

Please refer to the below terms of trade before registering for WizMe. If you apply for and use our WizMe service, these Terms of Trade will form a contract between you and WizMe to govern the provision of the WizMe service.

Please read these Terms of Trade carefully. If you accept the contract and proceed to order the service, a contract will apply. If you do not agree to this contract please exit the WizMe site before placing any service order.

Topics on this page:

Definitions
General Service Conditions
Ordered Goods
Flat Rate Shipping Service
Customer Warranties and Acknowledgements
Payment
WizMe and Customer Liabilities
Termination
Governing Law
Privacy
Carriers and Sub-Contractors
Variation

1. Definitions

Except where a word or phrase is expressly defined in these terms of trade, all words and phrases shall have the same meaning, if any, given to them in the WizMe Terms of Trade.

In these terms of trade, unless the context dictates otherwise:

“Agreement” means the agreement between WizMe and a Customer for use of the WizMe service formed when a Customer accesses the WizMe website, registers for use, commences ordering a product or service through WizMe, is presented with an electronic request to accept the WizMe Terms of Trade and clicks “Accept”;

“Charges” means the fees and charges levied by WizMe for collection, delivery and purchase of services ordered through the WizMe Service;

“Customer” and/or “you” means a person who enters into an agreement with WizMe to use the WizMe service;

“Dangerous or Prohibited Goods” means goods which are either absolutely prohibited from carriage by courier and aviation services, or goods which can only be carried by courier or aviation services subject to certain specific conditions (refer Domestic Dangerous Goods);

“Flat Rate Box”, “Flat Rate Boxes” means a WizMe box or satchel available for purchase online through the WizMe website, or Customer supplied packaging within the maximums detailed on the WizMe website.

“Flat Rate Shipping Service” means the WizMe shipping delivery service as outlined in clause 4, and as modified by the express provisions of CouriersPlease Terms and Conditions of Carriage and this agreement including the option of tracking or tracking with signature being available but only in conjunction with the WizMe Service. Total scan events captured for the tracking or tracking with signature options may vary, particularly in remote locations.

“Flat Rate Shipping Label” means a label designating the value which is determined by weight and volume, and payment, of Flat Rate Shipping for a Flat Rate Box consigned for delivery through the Service, and the designated delivery address whether printed by the Customer or otherwise.

“GST” has the same meaning as defined in section 195 of the A New Tax System (Goods and Services Tax) Act 1999;

“Ordered Goods” means for the selection and payment of Flat Rate Boxes and other goods ordered through the WizMe service

“WizMe”, “WizMe service”, and/or “Service” means the service whereby Customers access the WizMe website, supply information, make payment, and can receive domestic shipping documentation and packaging online. The WizMe service includes but not limited to:

the acceptance of data provided by the Customer using the WizMe website;
the printing of data displaying the Customer’s selected WizMe information;
the purchase of Flat Rate Boxes by the Customer using the WizMe website;
the order fulfilment, dispatch and shipping carriage of Flat Rate Boxes by WizMe to the Customer;
the creation of the printed Flat Rate Shipping Label which is adhered to the Flat Rate Box for shipping carriage via the Flat Rate Shipping Service;
the pick-up and delivery of the Flat Rate Box consigned for delivery through the WizMe service; and
receiver not home and parcel return services.

“WizMe Instructions and Procedures” means all of WizMe’s information, bulletins, user guides, manuals, and other directions and instructions (however published or displayed) to WizMe users for use of the WizMe service;

“WizMe website” means the website at www.WizMe.com.au

2. General Service Conditions

The Customer acknowledges that the following conditions apply to the Customer’s use of the WizMe Service:

WizMe cannot provide the Service if the Customer’s computer system is not compatible with the WizMe application. WizMe accepts no liability for the consequences of the WizMe Service not being capable of being supplied for any technical reason.
The Customer must comply with all WizMe instructions and procedures, and must supply full and accurate information whenever requested to do so in the course of the Customer applying for, and using, the WizMe service. Without limitation, the Customer must supply accurate information concerning such matters as the Customer’s personal information, (including delivery address, delivery instructions, pick-up address and pick-up instructions) the addressee of the Flat Rate Box, and Flat Rate Box weight.
The Customer must not, at any time, seek to use the WizMe Service, for the consignment of any Dangerous or Prohibited Goods. It is the Customer’s sole responsibility to assess whether items for consignment are, or may be, classified as Dangerous or Prohibited Goods. WizMe has no liability for any consequence of a Customer sending, or attempting to send, any Dangerous or Prohibited using the WizMe service. The Customer’s indemnity in favour of WizMe (see clause 7.(c)) applies in the event that any loss, harm or damage arises out of the consignment of Dangerous or Prohibited Goods.
The Customer is solely responsible for maintaining secrecy and security of any username and password which allows Customer’s access to the WizMe website. The Customer accepts responsibility for all transactions processed through the website after access is allowed following acceptance of the Customer’s password.
Under the contract which will be made between WizMe and the Customer on acceptance of these terms and conditions, WizMe may (but is under no obligation to) make special or preferential offers available to WizMe customers from time to time. If any such offers are made available they will be:
1. Subject to these terms and conditions;
2. Personal to the Customer and strictly not for transfer or re-sale to any other person or entity; and
3. Offered pursuant to any offer-specific terms which may be published or advised by WizMe from time to time.

3. Ordered Goods

The Customer accepts sole responsibility for the Ordered Goods and for all transactions processed through the WizMe website
The Customer acknowledges that WizMe:
1. Is not responsible for the Customer’s incorrect selection of Ordered Goods;
2. Does not allow the return, exchange or replacement of Ordered Goods; or
3. Is not responsible to refund the Customer in the event you cancel a transaction for Ordered Goods.
The Customer accepts that any delivery timetable and/or calculators relating to the WizMe service which may be published (including on the WizMe website) provide WizMe’s best estimates only of the delivery time for the WizMe service, and that those services are not guarantee of delivery time or date.
The Customer accepts sole responsibility to check that the Order Goods received are the goods you selected, ordered and processed through the WizMe website.
The Customer accepts responsibility to enquire with WizMe directly if there:
1. Is a major problem with the Ordered Goods; or
2. If the Ordered Goods received are not the goods the Customer selected, ordered and processed through the WizMe website.
Where the law implies a warranty into these Terms of Trade which may not lawfully be excluded WizMe’s liability for breach of such a warranty shall be limited at its option, to any one or more of the following:
1. Return of the Ordered Goods at your cost;
2. Replacement of the Ordered Goods or the supply of equivalent goods;
3. Repair of the Ordered Goods;
4. Payment of the cost of replacing the Ordered Goods or acquiring equivalent goods;
5. Payment of the cost of having the Ordered Goods repaired.

4. Flat Rate Shipping Service

The Customer acknowledges:
1. The sole delivery service offered for Flat Rate Boxes consigned for delivery through the WizMe service is by WizMe’s Flat Rate Shipping Service;
2. Only Flat Rate Boxes are eligible to be consigned for delivery through the WizMe service;
3. Only Flat Rate Boxes that meet weigh-in and volume criteria, are eligible to be consigned for delivery through the WizMe service (see clause 4.(e) below);
4. Any delivery timetable and/or calculators relating to the WizMe service which may be published (including on the WizMe website) provide WizMe’s best estimates only of the delivery time for the WizMe service, and that those services are not guarantee of delivery time or date.
The Customer must not, at any time, seek to cancel and obtain a refund for a WizMe Flat Rate Shipping Label if you have lodged the item for dispatch, sent the item, intend to lodge the item for delivery at a later date, or if your buyer has opened a dispute. Such actions constitute a breach of WizMe’s Terms of Trade, and may constitute an offence under the Australian Commonwealth Criminal Code.
Customer accepts responsibility to enquire with WizMe directly if you require a refund for a Flat Rate Shipping Label that was printed in error, and you no longer wish to use that label, or for technical reasons you have been unable to access the label.
Each WizMe Flat Rate Shipping Label is for a single use. Any attempt to copy, duplicate or re-use a Flat Rate Shipping Label with the intention of securing the provision of a WizMe service without due payment constitutes a breach of these terms, and may constitute an offence under the Australian Commonwealth Criminal Code and the applicable courier charges will apply.
Only Flat Rate Boxes that weigh up to a maximum of 25 kilograms, 100 litres in volume and are a maximum 1.80 metres at the longest side (the Limits) will be consigned for delivery through the WizMe service. The Customer accepts sole responsibility for assessing the Limits and purchasing the correct weight/volume Flat Rate Shipping Label. If any Flat Rate Box consigned through WizMe is found by WizMe to exceed the Limits or exceed the purchased Flat Rate Shipping Label weight/volume, acceptance and delivery of the Flat Rate Box is at the sole discretion of WizMe. If, in the exercise of its discretion, WizMe chooses to accept, carry and deliver the Flat Rate Box, such carriage and delivery is at the rate determined solely by WizMe, and the Customer authorises WizMe to charge any additional costs of carriage and delivery by the same methodology as originally authorised by the Customer (see clause 6.(b) below).
The Customer must properly and adequately package each Flat Rate Box for consignment through the WizMe service. The Flat Rate Box flaps must be closed within the normal folds. The Flat Rate Box design cannot be enlarged by opening its sides and cannot otherwise be reconstructed in any way. WizMe reserves the right to decline to accept or carry any Flat Rate Box which is in WizMe’s sole opinion is inadequately or inappropriately packaged.
The Customer accepts sole responsibility for advising accurate pick-up and delivery instructions to WizMe through the WizMe website. WizMe will not be responsible for any failure of, or delay in, the collection and / or delivery of any Flat Rate Box if the Customer’s instructions are ambiguous, incomplete, inaccurate, or are not followed by the Customer.
The Customer accepts the WizMe service is not available to all addresses and locations. The WizMe website will inform you if the WizMe service is available and at what cost.
The Customer accepts where collection of a Flat Rate Box is available through the WizMe service, the Customer may set one or multiple pick-up addresses or change a pick-up address by logging into the Customer’s account on the WizMe website. WizMe will use its best efforts to meet the selected address but has no liability for any failure to do so for any reason (see also clause 7.(a)). The Customer shall provide detailed pick-up instructions to WizMe when prompted by the WizMe Service website instructions to do so.
The WizMe Service is personal to the Customer, and any purchase of Flat Rate Shipping Labels through WizMe for sale or re-supply to any person or entity other than the Customer is prohibited without the express written permission of WizMe
Customer’s personal attendance at the time of courier collection of Flat Rate Boxes will be required when WizMe is obliged to physically examine a Flat Rate Box or sender identification for certain services.
The specific carriage terms and conditions for the WizMe service are published by WizMe at http://www.couriersplease.com.au/services/terms-a-conditions/terms-a-conditions-of-carriage

5. Customer Warranties and Acknowledgements

The Customer warrants that any and all data and information provided by the Customer to WizMe is, and will be, complete, up to date, true and correct, to the best of the Customer’s knowledge and belief, and that the Customer’s use of both the WizMe service through WizMe, will be effected in full compliance with all of WizMe’s directions and requirements, and will comply with all laws, regulations and directions of Government or Governmental authorities in Australia.
The Customer agrees to pay to WizMe, free of any deduction or set-off, any and all charges for services chargeable under the WizMe Service and / or for the carriage of Flat Rate Boxes by or through WizMe.
The Customer acknowledges that WizMe may, in its sole and absolute discretion, refuse to accept data, information requests or instructions submitted through WizMe where, in WizMe’s opinion:
1. It is illegible, incorrect, or ambiguous; or
2. The Customer is otherwise in material breach of any of WizMe’s terms and conditions; or
3. Where WizMe has grounds for believing that the Customer’s use of the Service, or request for supply of the Service is, or could be, unlawful in Australia.
The Customer acknowledges that if they create a Flat Rate Shipping Label, these additional obligations will apply:
1. You will be asked to provide your recipients’ email addresses to WizMe. By doing so, you warrant to WizMe that you have obtained any necessary consent from your recipients and are otherwise acting in accordance with all applicable privacy legislation;
2. You warrant to WizMe that the delivery choice instructions given to WizMe accurately reflect the options directed by your recipients; and
3. You acknowledge that if your Flat Rate Box is lodged after the applicable facility lodgement close-off time, WizMe may not be able to meet your chosen collection time. Facility lodgement close-off times may vary according to location.
All Intellectual Property rights of any kind, whether registered or unregistered, in the WizMe service, is the sole property of, and/or vests in WizMe. A person cannot reproduce or authorise the reproduction of any component of the WizMe service text or images without WizMe’s prior written approval.

6. Payment

The Customer shall pay the service charges specified by WizMe on the WizMe website using the online payment channel.
The Customer’s application to use the WizMe Service constitutes an authorisation by the Customer to WizMe:
1. To debit the Customer’s WizMe Business Account, or nominated credit card (using PayPal, or other methods that may be available from time to time), with the value of charges applied pursuant to the WizMe service.
2. To debit the Customer’s WizMe Business Account, or nominated credit card (using PayPal, or other methods that may be available from time to time), with the value of any additional charges for shipping which are applicable due to the determination of the Flat Rate Box being greater than represented by the Customer (see clause 3.(e) above).
Charges may be varied at any time at WizMe’s discretion. Charges are GST inclusive where GST is applicable.
The Customer acknowledges that certain delivery choice options and additional features maybe available from time-to-time at an extra cost.

7. WizMe and Customer Liabilities

Subject only to the WizMe Website Terms of Use, (which may in certain circumstances provide some remedy to a Customer in the case dispute of goods and services offered on WizMe’s website) WizMe shall not be liable to the Customer or to any other person (whether in contract, tort or otherwise) for any loss or damage suffered, or that may be suffered, as a result of any act or omission, whether negligent or otherwise, by or on behalf of WizMe in relation to the promotion, provision, suspension or termination of the WizMe service, or any other matter or thing relating to this Agreement.
To the maximum extent permitted by law, WizMe expressly disclaims all conditions and warranties, express or implied, in respect of the WizMe service pursuant to this Agreement. Where the law precludes such exclusion and implies certain conditions and warranties into this Agreement, the liability of WizMe for breach of such condition or warranty shall be limited, at the option of WizMe, to any one or more of the following:
1. Supplying the WizMe service again; or
2. Payment of the cost of having the WizMe service supplied again.
The Customer shall be liable to, and shall wholly indemnify, WizMe for or against any loss claim or damage whatsoever which WizMe may suffer or incur as a result of any action, proceeding, claim, demand or prosecution arising from this Agreement, the provision of the WizMe service to the Customer, the carriage of any Flat Rate Boxes lodged by the Customer through the WizMe service, or any other matter or thing arising as a result of this Agreement, and which arises out of the Customer’s conduct, negligence, breach of Agreement, mis-statement of fact (intentional or otherwise) or which in any manner or form arises out of either the nature condition or characteristics of premises of the Customer which are visited by WizMe personnel (including WizMe’s contract carriers), or the nature, condition, packaging, legality, or consignment of Flat Rate Boxes consigned to WizMe. The liabilities imposed by this sub-clause continue and survive notwithstanding any termination of this Agreement.
WizMe shall not be in default under the terms of this Agreement nor liable for failure to observe or perform in accordance with any provision of this Agreement for any reason or cause which could not with reasonable diligence be controlled or prevented by it, including without limitation, war, insurrection, riot, civil commotion, strikes, lock-outs, labour or industrial disputes, acts of God, acts of Governments or flood, storm, tempest, power shortages or power failure, system outages or interruptions, inability to obtain sufficient labour, raw materials, fuel or utilities. During the period of an incident or incidents of “Force Majeure” this Agreement shall be suspended.
All the rights, immunities and limitations of liability in this Agreement shall continue to have their full force and effect in all circumstances notwithstanding any breach of contract or of any conditions hereof by WizMe.

8. Termination

WizMe may at any time, without cause, in WizMe’s sole and absolute discretion, suspend either the Customer’s use of the WizMe service, or the WizMe service in its entirety. Unless WizMe has an entitlement to suspend or cancel commenced WizMe transactions (such as under these Terms of Trade, or under WizMe Website Terms of Use) all WizMe transactions commenced before any account suspension or termination will be completed.
The Customer may, at any time, without cause, suspend or terminate the Customer’s participation in the WizMe service, save that any incomplete Service or delivery instructions or payment liabilities which exist at the time of any such termination must be completed and effected in full irrespective of any such termination.

9. Governing Law

These Terms of Trade are governed by and construed in accordance with the State of Queensland, Australia. In the event that a dispute arises from these Terms of Trade, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia

10. Privacy

WizMe respects the privacy of its Customers and their personal information. Any and all data and information collected by WizMe through the provision of the Service will be managed strictly in accordance with the WizMe Privacy Policy.

11. Carriers and Sub-Contractors

WizMe reserves the right to authorise performance of any WizMe obligations (either in respect of the WizMe service, or any delivery or other function required to be completed by WizMe) through carrier contractors or sub-contractors to, or of, WizMe. Where contractors and / or sub-contractors are engaged by WizMe the same are included within the definition of “WizMe” and are entitled to all of the benefits and rights imposed upon and enjoyed by WizMe by these Terms of Trade, or the WizMe Website Terms of Use, for any service ordered or supplied through WizMe.

12. Variation

WizMe may vary these Terms of Trade and the WizMe Website Terms of Use at any time by giving appropriate notice of proposed changes through the WizMe website. Any use of the Service by a customer after any variation to the Terms of Trade becomes effective will be deemed to constitute acceptance of the variations thereto, and any service supplied will be supplied on the Terms of Trade or Terms of Use as varied. If the Customer does not accept any variation to the Terms of Trade or Terms of Use, the Customer should terminate the Customer’s participation in the Service as contemplated by clause 8 above.