1. About the Application
1.1 Please read these terms and conditions (the Terms) carefully before using our website, delivertrade.com or any of our mobile applications (collectively the Application). The Application is operated by Delivertrade Pty Ltd (ACN 618 347 274) (the Company). Access to and use of the Application, or any of its associated services, is provided by the Company.
1.2 The Application is a mobile and web application-based platform that allows Members to order goods and for the Company to act as your agent to purchase and retrieve the goods on your behalf (the Services).
1.3 The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1 You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by the Company in the user interface.
3.1 In order to access the Services, the Member is required to register for an account through the Application (the Account).
3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) your name and age;
(b) address and email address;
(c) telephone/Mobile number; and
(d) at least one valid payment method.
3.3 You warrant that any information you give to the Company in the course of completing the registration process will always be accurate and correct, and that you will keep the information up to date.
3.4 Once you have completed the registration process, you will be a registered member of the Application (the Member) and agree to be bound by the Terms.
3.5 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with the Company; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1 As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Application (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you);
(h) access and use of the Application are limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
(i) you must not expressly or impliedly impersonate another user or use the profile or password of another user at any time;
(j) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Company;
(k) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(l) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Application; and
(m) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
(n) you agree to pay all fees, charges, subscriptions, expenses, negative account balance, credits and costs in accordance with these Terms. In the event that you do not make payment of the above amounts, you agree and understand that the Company may report you to a credit reporting agency and you will be liable to The Company for its legal and/or recovery costs of the recovery of the amount outstanding (on an indemnity basis).
(o) The Company will use commercially reasonable endeavours to moderate your conduct and content in your use of the Application and your provision of the Services. If the Company reasonably determines that you breach any of the obligations mentioned herein, The Company may, depending on the severity of the conduct, do any one or a combination of any of the following:
(i) remove content that is misleading/deceptive or that is in breach of the General Terms and Additional Terms (as applicable);
(ii) provide a warning to you;
(iii) suspend your Account;
(iv) terminate your Account; and/or
(v) in serious cases or where obliged by the law to do so, report your conduct to the relevant authorities.
5. The Services
5.1 The Company offers a platform that allows the Member to hire the Company as an agent to purchase goods from independent third party suppliers of such goods, including independent third party hardware suppliers (the Suppliers) under agreement with the Company or the Company’s affiliates.
5.2 The Company offers such services across Australia. If your delivery location is outside of the delivery area where goods are available to be purchased, a message will appear on screen notifying you that ordering online will not be possible. The Company does not accept orders from individuals to a postcode in which it does not have Suppliers.
5.3 You agree and acknowledge that your ability to obtain goods, logistics and/or delivery services through the use of the Services does not establish the Company as a supplier of the goods.
5.4 If you access or download Company’s mobile application from:
(a) the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service; or
(b) the Google Play Store, you agree to the relevant Android, Google Inc. Terms and Conditions, including the Google Apps Terms of Service.
6.1 All goods are subject to availability.
6.2 The Company does not prepare or take responsibility for any goods provided to the Member.
6.3 The choice of the Supplier will be at the sole discretion of the Company.
7. Order and Payment
7.1 To order for the Services offered by the Company on the Application, you need to:
(a) post a delivery request (the Order) at any time on the Application;
(b) choose from the method of delivery and pickup from those available on the Application. Method of delivery or pick up may vary depending on the Supplier;
(c) provide complete, accurate and up-to-date details, if relevant to the Order, regarding:
(i) pickup time;
(ii) drop-off location;
(iii) details of the contact person at the drop-off locations; and
(iv) any delivery instructions such as whether the goods can be left unattended at the drop-off location;
(d) review the quote provided by the Company;
(e) upon the Order being accepted by the Supplier, pay the fee in accordance with the quote (the Services Fee) to the Company by making payment via an accepted credit/debit card; and
7.2 Once the Order is accepted by the Supplier, you cannot cancel the Order.
7.3 Upon completion of an Order, you will receive from us an email confirming the order with a tax invoice (the Confirmation Email).
7.4 The contract for the supply of any goods you order through us will be between you and the Supplier and will only be formed when a Supplier has accepted the Order.
7.5 The Company will only perform the Services for you after:
(a) you have placed an Order;
(b) the Services Fee has been paid in full; and
(c) a Supplier has irrevocably confirmed its acceptance of your Order.
7.6 In some situations, the Company may be unable to source a Supplier to perform the Services for you and therefore will be unable to accept the Order. Where no Supplier has accepted the Order, you may cancel the Order and the Company will provide you with a refund pursuant to clause 13 of these Terms.
7.7 Prices shown on the Application will be quoted in the local currency where the customer is located. These prices include any applicable taxes but may exclude delivery costs and any online payment charge. These will be added to the total amount at check out.
7.8 Payment for Orders must be by an accepted credit card or debit card through our Application. Once your order has been accepted by a Supplier your credit or debit card will have been authorised and the amount marked for payment.
7.9 A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Company, and you pay for any balance by credit or debit card. Please refer to clause of the Terms for the conditions applicable to the use of credit and discount vouchers.
7.10 Our goods list contains a large number of items and it is possible that some of the items may have incorrect pricing. The goods will be sold for the Supplier’s price even if the correct price for any goods is higher than the price stated on the respected goods list.
7.11 The Company encourages you to always ensure that all Orders are posted through the Application and not to:
(a) contact the Company directly to engage the Company to perform any courier services without using the Application; and/or
(b) instruct a Company who has been assigned to you to perform additional deliveries outside the scope of the existing retainer.
7.12 This is because the Refund Policy in clause 13 of the Terms only apply to Orders posted on the Application and they do not apply to any Orders that are not posted on the Application. Accordingly, should any issues arise from an Order that is not posted on the Application, such as loss of or damage to the delivery goods, you will have no access to any remedies provided by the Company under these Terms.
7.13 The Company cannot guarantee that the Orders can be completed within the delivery time frame as unexpected circumstances or events that are beyond the Company’s reasonable control may arise and delay the performance of the Orders.
7.14 Orders are completed upon delivery of the goods pursuant to the instructions.
8.1 The Company may, from time to time, create discounts, vouchers or promotional codes (a Promotional Code) that may be redeemed for credit against a single order.
8.2 Any Promotional Code cannot be used in combination with any other Company offer.
8.3 Promotional Codes cannot be exchanged for cash or any other alternatives and have no monetary value.
8.4 Cancelled orders will invalidate the use of that code on an account.
8.5 All Promotional Codes can only be used on one order, any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent orders.
8.6 The Company reserves the right to withhold and/or deduct credits or other features or benefits obtained through the use of discounts, vouchers and codes by you or any other user in the event that the Company determines or believes that the use or redemption of the code was in error, fraudulent, illegal, or in violation of the applicable Promotional Code terms or these Terms.
8.7 All items and courier services are subject to availability.
9. Trade Account
9.1 If you have a credit account, or any version thereof, agreed to between the you and the Supplier (a Trades Account), you may provide your unique identifier provided by the Supplier associated with your Trade Account (the Trade Account Number) on the cartage page on the Application.
9.2 If you have provided your Trade Account Number, the price of any goods purchased will be charged to your nominated Trade Account.
9.3 You acknowledge and agree that if you provide a Trade Account Number to the Company is that the Trade Account Number is accurate, complete and up-to-date.
9.4 The Company will not be responsible in any way for the use of a Trade Account or Trade Account Number, including, but not limited to, the confirmation or accuracy of any Trade Account or Trade Account Number.
10.1 The Company’s aim is to ensure the Company provides the best service possible. Neither the Company nor the Suppliers guarantee that Orders will be delivered on time every time. The Company does not guarantee the delivery dates and time. The delivery times are calculated from once the Order is confirmed by the Company to you.
10.2 To prevent any delivery issues from arising, you must ensure that:
(a) all delivery information (such as recipient’s address, name and contact details) provided to the Company is accurate and complete; and
(b) all delivery Orders (including any delivery instructions) are given to the Company for a particular delivery order.
10.3 If the delivery information or instructions provided to the Company is not accurate, the Company will not be liable for any additional costs and expenses that may be incurred in relation to the Order (and if applicable, re-delivery) of the goods.
10.5 Where you have provided your contact details and/or the recipient’s contact details, you authorise the Company to disclose your contact details and/or the recipient’s contact details to the third parties for the sole purpose of contacting you and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the Company is not able to contact you or the recipient, to prevent the loss of the delivery goods, you authorise the Company to retain the goods and you will be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the goods.
10.6 Upon delivery, you must, unless otherwise agreed in advance sign for the goods, indicating to the Company whether the goods are either undamaged, damaged or unchecked. This will be logged by the Company. Failure to note that the goods are damaged, or noting the goods are unchecked at the point of delivery will limit your ability to claim for damage as proof of damage during transit cannot be proven.
10.7 Where you have provided for an authority to leave the goods at the location nominated by you, The Company will be allowed do so without needing a signature and without incurring any liability, except to the extent where the Company has acted negligently or wrongfully.
10.9 If inadequate instructions are provided, then the goods may be delivered at the reasonable discretion of the Company.
10.10 You are responsible for any instruction provided to the Company regarding the delivery, time, place and method, and will be responsible for any fine or infringement resulting therefrom.
10.11 In the event that you elect to pickup the Order, you acknowledge and agree that it is your responsibility to arrange for the pickup of the Order with the Supplier at a time and place convenient to the Supplier.
10.12 You acknowledge and agree that if you have arranged for the pickup of the Order, you will use reasonable endeavours to meet with the Supplier at the arranged time and location to pickup the Order.
10.13 You are responsible for any instruction provided to the Company regarding the pickup time and will be responsible for any fine or infringement resulting therefrom.
1. Additional Fees
11.1 Pursuant to clause 11.2 of these Terms, in using the Company’s Service, you acknowledge that you may be liable for the following additional fees (as applicable):
(a) where you or the recipient are not at the location of delivery or pickup and the Company or the Supplier is required to wait for more than ten (10) minutes prior to being able to complete the delivery as arranged, a fee for the delay may apply to the Order, at the Company’s sole discretion t (the Delay Fee);
(b) a fee for returning the goods (where applicable), may apply to any return, at the Company’s sole discretion (the Return Fee); and/or
(c) a fee for re-delivery (where applicable), may apply to any re-delivery, at the Company’s sole discretion (the Re-delivery Fee).
(collectively referred to as the Additional Fees)
11.2 You acknowledge and agree that:
(a) where you or your nominee is unavailable to collect the Order at the designated time and location; or
(b) where you have failed to properly identify the specifics of the Order or provided incorrect or incomplete information and, as a result, the Company is unable to complete the Order,
then, in addition to the Services Fee, you will be required to pay the Additional Fees (as applicable).
12.1 You have the right to cancel an Order within a reasonable time and before the order becomes an accepted order by the Supplier on the Application. The Company will not charge you any Service Fee for the order cancelled under this clause 12..
12.2 Any Order cancelled after it is accepted by the Supplier will be charged to you. The Company alone will determine whether an order is accepted or not.
12.3 You agree and acknowledge that the Company may cancel your Order at any time and inform you of the same. Any payments made prior to an Order being cancelled by the Company will usually be reimbursed using the same method you used to pay for your order.
13. Refund Policy
13.1 The Company does not provide and is not liable in the event you change your mind regarding an Order.
13.2 Once you have submitted an Order which you will be required to pay for the Order by credit or debit card and when your payment has been authorised, you will be charged the full amount of your Order once the Supplier has accepted the Order. If your Order is subsequently rejected by the Company or the Supplier or cancelled for any other reason, the Company will refund the relevant amount. However, this may take between 3 to 5 business days (or longer, depending on your bank or card issuer). You acknowledge and agree that the Company will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
13.3 Since the Company is only an agent for the Member regarding the purchase of goods from the Supplier, and providing a system to make safe payment, the Company does not hold any liability to the Member directly and will not personally refund them any payments made in the use of Services.
13.4 The Company is not responsible for any guarantees that apply to the goods provided through the Services under the Australian Consumer Law. The Company provides no additional warranty. All claims in connection with the goods, for breach of guarantees, warranty, or otherwise, must be pursued through the Supplier.
13.5 The Services Fee is not refundable in the following circumstances:
(a) you are unable to attend to facilitate the completion of the Order;
(b) the Company is unable to complete the Order due to incorrect, incomplete or insufficient instructions provided by you as to the location, timeframe or security requirements relevant to the Order;
(c) where the delivery or pickup is made later than the agreed delivery or pickup time; or
(d) the Company is unable, for whatever reason, to complete the Order due to your actions or omissions.
13.6 Notwithstanding the above clause, if a Member is unsatisfied with the goods provided by the Supplier, or believes that they may be entitled to a refund, then:
(a) the Company will be the sole agent for and will be the sole party allowed to undertake the Member’s interactions with the Supplier; and
(b) the Company requires the Member to contact the Company within forty-eight (48) hours of delivery or pickup through the ‘Contact Us’ section of the Application outlining why you believe you are entitled to a refund so we are able to seek a refund on your behalf.
13.7 The Member agrees that they will comply with the Refund Policy contained in this clause of these Terms.
14.1 The Member warrants that it will not, while a Member or for 6 months after no longer being a Member, either directly or indirectly, without written agreement from the Company, canvas, solicit, entice, engage, or procure, or engage any of the other parties to retain the Company’s employees, agents, or independent contractors for the purposes of delivering goods to the Member;
14.2 You acknowledge and agree that this clause 14 is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect the Company’s business interests as it has expended significant resources in advertising, marketing and staffing to make its Application and Services possible.
15. Licence to Use the Platform
15.1 The Company grants you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
16. Copyright and Intellectual Property
16.1 The Application, the Services and all of the related goods of the Company are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by the Company or its contributors.
16.2 All trademarks, service marks and trade names are owned, registered and/or licensed by the Company, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Application pursuant to the Terms;
(b) copy and store the Application and the material contained in the Application in your device’s cache memory; and
(c) print pages from the Application for your own personal and non-commercial use.
16.3 The Company does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by the Company.
16.4 The Company retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
16.5 You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
16.6 Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to the Company a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
18. General Disclaimer
18.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
18.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) the Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
18.3 Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Services or any goods or Services referred to on the Application and supplied by Suppliers. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related goods (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Services or any of the goods of the Company; and
(d) the Services or operation in respect to links which are provided for your convenience.
18.4 You acknowledge that the Application and the Services are only intended to facilitate the interactions between the Member and the Supplier and does not offer any services other than the Services and the Company holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
19. Limitation of Liability
19.1 You expressly understand and agree that the Company, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
19.2 You acknowledge and agree that the Company holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of the goods provided pursuant to the Services, and that the Supplier will be solely responsible.
19.3 You acknowledge and agree that the Company holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.
19.4 To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that the Company is found to be liable to you, our total aggregate liability is limited to the purchase price of the Items you have paid for in your order.
19.5 To the maximum extent permitted by law, the Company provides our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected.
20. Termination of Contract
20.1 If you want to terminate the Terms, you may do so by providing the Company with 30 days’ written notice of your intention to terminate by sending notice of your intention to terminate to the Company via the [email protected].
20.2 The Company may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) the Company is required to do so by law;
(c) the Company is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable.
20.3 Subject to local applicable laws, the Company reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Company’s name or reputation or violates the rights of those of another party.
20.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
21.1 You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
(a) Your Content;
(b) the goods provided pursuant to the Services;
(c) injury occurring on your property or a site managed by you;
(d) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so;
(e) your violation of the rights of any third party, including Suppliers and the Company’s independent contractors;
(f) any instruction provided to the Company regarding delivery, including a fine or infringement;
(g) any matter related to your use of a Trade Account; and
(h) any breach of the Terms.
22. Disputes between you and the Supplier
22.1 If a dispute arises between you and the Supplier, or you wish to dispute the performance of an Order, or make a complaint about a Supplier or about the goods you have received, you must provide written notice of the dispute or complaint to the Company at [email protected], outlining the reason for the dispute or complaint. The Company will respond in a timely manner after receiving the written notice to advise you of the outcome following the Company’s enquiry into the same. You will also be invited to respond to its outcome. If a response is received, the Company will assess your response and advise if it has changed its view. You must use best efforts to resolve the matter amicably.
23. Dispute Resolution
(a) If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(a) On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Institute of Victoria or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(iv) The mediation will be held in Melbourne, Australia.
(a) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
23.5 Termination of Mediation:
(a) If thirty (30) have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
24. Venue and Jurisdiction
24.1 The Services offered by the Company is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
25. Governing Law
25.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
26. Independent Legal Advice
26.1 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
27.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.