Terms and Conditions

Network Express Aust. Pty Ltd Terms of Use

1.About Web Despatch

The Web Despatch software you are about to access is owned and operated by Network Express Aust.  Pty Ltd 76 061 027 094 ("Netex ") ("Web Despatch Website"). Your use of the Web Despatch Website is governed by these Terms of Use and Netex 's associated Privacy Policy. By clicking the "I agree" button below, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.

In addition to the Terms of Use contained in this document, other terms of use or conditions (such as Netex 's Terms and Conditions Disclaimer and Netex 's Service Conditions) apply to your use of the Web Despatch Website, parts of the Web Despatch Website, or to products and services offered via the Web Despatch Website, as applicable.

2.Privacy

Netex needs to collect information about you when you consign freight, engage Netex to supply other services or open an account for the payment of freight services. The use of this data is subject to our Privacy Policy. Please refer to our Privacy Policy for further information.

3.Charges

3.1There is no charge associated with use of the Web Despatch Website.

3.2The charges applicable to any services offered via the Web Despatch Website will be notified to you prior to you ordering them.

4.Warranties

4.1Whilst reasonable steps have been taken to ensure that the materials and information on the Web Despatch Website are accurate and free from error, to the extent permitted by law, Netex does not warrant the accuracy, adequacy, correctness or completeness of the materials and information on the Web Despatch Website. All materials and information are subject to change without notice. Netex does not guarantee that the Web Despatch Website will be free from viruses, or that access to the Web Despatch Website will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

4.2You warrant that you have the authority of your employer to use the Web Despatch website, and to agree to these terms of use on your employer's behalf.

5.Availability of the Web Despatch Website

5.1As electronic services are subject to interruption or breakdown, access to the Web Despatch Website is offered on an "as is" and "as available" basis only.

5.2Netex may impose limits or restrictions on the use you may make of the Web Despatch Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, Netex may withdraw the Web Despatch Website at any time and without notice to you.

6.Completing transactions on the Web Despatch Website

6.1If you enter into a transaction for any service via the Web Despatch Website, the transaction will not be completed until an "Electronic Instruction" (being any electronic instruction, information, message, request or communication issued or transmitted to Netex via the Web Despatch Website) containing the acceptance from you of Netex 's offer, has been received and processed by Netex .

6.2You acknowledge that the transmission of your acceptance made through an Electronic Instruction may not be received by Netex in accordance with this clause 6 for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems. You further acknowledge that, to the extent permitted by law, Netex  is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the Web Despatch Website, or any failure to receive an Electronic Instruction for whatever reason.

7.Links to other websites

7.1The Web Despatch Website may contain links to websites which are owned or operated by third parties independent of Netex ("Third Party Websites"). Netex does not sponsor, endorse or approve of the operators of Third Party Websites, or material (including services, information, graphics, or data) which is located on such Third Party Websites ("Third Party Material").

7.2Subject to any applicable law which cannot be excluded, Netex makes no warranties or representations:

  1. regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites;
  2. that Third Party Material does not infringe the intellectual property rights of any person; or
  3. that Third Party Websites will be free from viruses, or that access to Third Party Websites will function as intended or be uninterrupted.

7.3Netex  is not authorising the reproduction of Third Party Material by linking material on the Web Despatch Website to Third Party Material.

7.4Linking to the Web Despatch Website

You agree that you will not link to any part of the Web Despatch Website without Netex 's prior written consent.

8.Limitation of Liability

Subject to any warranties or responsibilities implied by law and which cannot be excluded, Netex, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to material on the Web Despatch Website, to Third Party Material, third party services, or to access of the Web Despatch Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

9.Indemnity

You indemnify Netex in respect of any liability incurred by Netex for any loss, cost, damage, or expense howsoever caused, or suffered by Netex as a result of your breach of these Terms of Use.

10.Restrictions on use of the Web Despatch Website

You agree that you will not (either yourself or through any third party):

  1. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Web Despatch Website; or
  2. reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Web Despatch Website.

11.Copyright and Trade marks

11.1Copyright in all material on, and comprising, the Web Despatch Website (including, but not limited to, its operation, code, architecture and implementation as well as the content, design and layout that is used in the operation of the Web Despatch Website) is owned or licensed by Netex .

11.2Except where necessary for and incidental to obtaining a service provided on the Web Despatch Website, or viewing the material on the Web Despatch Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no material on the Web Despatch Website may be reproduced, stored (for any period of time) in an electronic or other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the specific written consent of Netex .

11.3"Web Despatch" is a trade mark of Netex  Pty Ltd. Third party trade marks are trade marks of the respective third parties.

12.Termination

These Terms of Use and your access to the Web Despatch Website may be terminated at any time by Netex  without notice to you. However, all disclaimers and exclusions of and limitations on liability of Netex , will survive any termination. Upon termination, you must not directly or indirectly access or use the Web Despatch Website.

13.Acceptance and changes to Terms of Use

These are the current Terms of Use. They replace any other terms of use for the Web Despatch Website published on the Netex Website to date. Netex  may at any time vary these Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Web Despatch Website, by publishing the varied Terms of Use on the Web Despatch Website. Netex will indicate on the Web Despatch Website that these Terms of Use have changed. You accept that by doing this, Netex has provided you with sufficient notice of the variation and that Netex is under no obligation to specifically contact or notify you of any variation to these Terms of Use. By your use of the Web Despatch Website after any variation, you are taken to have accepted the new Terms of Use.

14.General

14.1The law applicable to the Web Despatch Website and to disputes arising out of the Web Despatch Website is the law of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and appeal therefrom.

14.2Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

14.3You may not rely on the words or conduct of Netex as a waiver of any right unless the waiver is in writing. In this clause, "conduct" includes delay in the exercise of any right; "right" means any right of Netex  arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause; and "waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.