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.

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).

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.

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.

In order to access the Services, the Member is required to register for an account through the Application (the Account).

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:

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.

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.

You may not use the Services and may not accept the Terms if:

As a Member, you agree to comply with the following:

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.

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.

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.

If you access or download Company’s mobile application from:

All goods are subject to availability.

The Company does not prepare or take responsibility for any goods provided to the Member.

The choice of the Supplier will be at the sole discretion of the Company.

To order for the Services offered by the Company on the Application, you need to:

Once the Order is accepted by the Supplier, you cannot cancel the Order.

Upon completion of an Order, you will receive from us an email confirming the order with a tax invoice (the Confirmation Email).

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.

The Company will only perform the Services for you after:

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 12 of these Terms.

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.

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.

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.

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.

Should you wish to dispute the performance of the Order, please follow the Dispute Resolution procedures as set out in clause 21 of these Terms.

The Company encourages you to always ensure that all Orders are posted through the Application and not to:

This is because the Refund Policy in clause 12 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.

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.

Orders are completed upon delivery of the goods pursuant to the instructions.

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.

Any Promotional Code cannot be used in combination with any other Company offer.

Promotional Codes cannot be exchanged for cash or any other alternatives and have no monetary value.

Cancelled orders will invalidate the use of that code on an account.

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.

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.

All items and courier services are subject to availability.

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.

To prevent any delivery issues from arising, you must ensure that:

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

The Company may use third party independent contractors to provide the delivery of the goods. You agree and acknowledge the Application may utilise a third-party platform for the delivery of the goods and you may be required to register an account with the third-party platform and accept third party platform’s terms and conditions in order to access the Services. The Company does not own or operate the third-party platform and recommends that all Members read all third-party terms before using their services. In using the third-party platform, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the third-party platform, prior to you using the third-party platform.

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.

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.

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.

As part of the provision of the Services, you may be given the opportunity to use the Application to track the location and the delivery of the goods. You must only use the GPS location service for the sole purpose of tracking the delivery of the goods and you must not use it for any other purposes. Further, by agreeing to the Terms, you acknowledge and understand that the Company uses Google Maps and Google Earth as a third party service provided. Accordingly, by agreeing to these Terms or by receiving the Services, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

If inadequate instructions are provided, then the goods may be delivered at the reasonable discretion of the Company.

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.

Pursuant to clause 10.2 of these Terms, in using the Company Service, you acknowledge that you may be liable for the following additional fees (as applicable)

You acknowledge and agree that:

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 11.

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.

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.

The Company does not provide and is not liable in the event you change your mind regarding an Order.

Once you have submitted an Order which you will be required to pay for by credit or debit card and 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 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 we 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.

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.

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.

The Services Fee is not refundable in the following circumstances:

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

The Member agrees that they will comply with the Refund Policy contained in this clause of these Terms.

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;

You acknowledge and agree that this clause 13 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.

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.

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.

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:

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.

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:

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.

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.

The Company takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to the Company‘s Privacy Policy, which is available on the Application.

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.

Subject to this clause, and to the extent permitted by law:

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:

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).

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.

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.

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.

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.

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.

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 support@delivertrade.com.

The Company may at any time, terminate the Terms with you if:

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.

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.

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:

Compulsory:

Notice:

Resolution:

Confidential

Termination of Mediation:

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.

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.

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.

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.