SENDNOW BY ASENDIA: A SERVICE PROVIDED BY PARCEL2GO.COM
Terms and Conditions
This website, and parcel delivery services (Service) are provided to you (“you” means the customer to our services) by Parcel2Go.com Ltd.
This means that if you use this website, SendNow by Asendia, you are contracting with Parcel2go.com Ltd for the procurement of logistics services provided by Asendia and for the other services provided by Parcel2Go such as the Parcel Protection service.
Parcel2Go.com Ltd is a company registered in England and Wales under company registration number 02591405 whose registered office is at 1a Parklands, Lostock, Bolton, England, BL6 4SD (‘we’, ‘us’, ‘our’).
Your access and use of the Services is subject to the following Terms and Conditions (these Conditions).
Please read these Conditions carefully. We’ve summarised some of the material terms in these Conditions below:
(a) Asendia and Parcel2Go process your personal information in accordance with these policies :
Asendia Privacy Policy: https://www.asendiaoceania.com/privacy-notice
Parcel2Go Privacy Policy: https://www.parcel2go.com/privacy-policy
(b) The Service may only be used to deliver Consignments for lawful purposes and by individuals aged 18 years or over and who reside in Australia. The Service may be limited to Orders sent or received from certain locations, as notified by us from time to time;
(c) You may be liable for any additional costs we incur if we are unable to deliver the Consignment to the delivery point or you provide us with a Consignment that includes Prohibited Items;
(d) We provide Parcel Protection in certain circumstances. Parcel Protection is in addition to your rights under Australian Consumer Law;
(e) Subject to Australian Consumer Law, our liability to you is limited in certain circumstances.
(f) We may charge you additional fees if the dimensions or weight of your Consignment is greater than what you have told us;
(g) These Conditions may be updated by us from time to time. We will provide you with reasonable notice of any material changes by updating the Conditions on our website, or if you subscribe to our Services, by contacting you directly.
Standard Terms of Contract
1. Definitions
In these Conditions, where the following terms are used, they shall have the following meanings:
“Agreement” means these Conditions together with the Service Order.
“Collection Point” means the address at which a Consignment is received or collected by us.
“Consignment” means any item(s) which are, may be, or are intended to be, received by us from any sender at an address for us to carry and deliver to any recipient at any other address.
“Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk.
“Delivery Point” means the address to which a Consignment is delivered by us.
“Excepted Risks” means:
(a) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection with the foregoing;
(b) natural disasters, acts of god or force majeure events;
(c) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
(d) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same;
(e) electrical or magnetic damage to, or erasure of electronic or photographic images, data or recordings, pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster;
(f) retention or confiscation of a Consignment as a result of your fault or negligence (including your packaging or packing of the Consignment); and/or
(g) the absence, failure or inadequacy of the packing or packaging used for a Consignment, or loss or damage to the Consignment caused by such packaging or packing.
“Items Protected for Loss Only” means the items listed in document published by us under that name.
“No Protection Item” means a Consignment that is not eligible for Parcel Protection and, subject to applicable law, carried by us at your risk. A list of such items, as updated from time to time, is set out here: https://send.asendia.com/au/help-centre/parcels/can-asendia-carry.
“Out of Gauge” means a Consignment which is outside of the weight and dimension ranges that we carry on a particular Service.
“Prohibited Item” means any item which cannot be carried on any Service as described here: https://send.asendia.com/au/help-centre/parcels/can-asendia-carry.
“Product and Service Specifications” means any brochures, user guides and fact sheets on our website which apply to the Consignment.
“Purchase” means when you accept the Service Order.
“Service” means the service and carriage of a Consignment by us in accordance with the Service Order.
“Service Order” means the summary of the order, which is displayed during the ordering process, which is confirmed to you in the confirmation email that we send once we have accepted your order.
“Website” means the website which is located at the following url: https://www.parcel2go.com/
“you” means the customer, who is contracted with us, as set out in the Service Order.
2. Our Obligations
2.1 We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with these Conditions.
2.2 We will use reasonable endeavours to meet, but do not guarantee, any particular delivery deadline or date. Any timeframes published in the Product and Service Specifications are indicative only, unless we expressly agree otherwise.
2.3 We have the discretion to select the route, the means of transport and the transportation and delivery sub-contractors that we will use to carry out the Services, and may change any of the foregoing at any time.
2.4 We have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes by posting the updated Conditions on our website.
2.5 If we make any other changes to these Conditions or the Service(s), we will give you advance notice of the change (which will not be less than 14 days) by posting the updated Conditions on our website. Any such change will not apply to any Service Order that has already been confirmed.
2.6 We warrant that we will provide the Service(s) using reasonable care and skill.
2.7 If we do not provide the Service(s) with reasonable care and skill, you may require us to repeat or fix the Service(s) or, if that is not possible or not done in a reasonable time, obtain a reasonable reduction in the price from us. This is in addition to any rights you have under the Australian Consumer Law.
3. Your Obligations
3.1 This Service is available to individuals aged 18 years or over and who reside in Australia. The Service may only be available from or to locations as noted on our website and updated by us from time to time. Orders may only be placed by the registered cardholder of the card used to pay for the orders (or if you are a business, by an individual authorised to act on behalf of the business). However, you acknowledge that we are not under any legal obligation to verify the authority of any person.
3.2 These Conditions are only available in English, and we will only communicate with you in English.
3.3 Please note that certain items are Prohibited Items and you must not send any Prohibited Items by any of our Services. Please check your item against the Prohibited Item list here: https://send.asendia.com/au/help-centre/parcels/can-asendia-carry. If you attempt to send any Prohibited Items, we reserve the right to deal with any Prohibited Item at our sole discretion and to the extent permitted by law, we will not be liable in any way to you or the recipient of the Consignment containing the Prohibited Item(s). For the avoidance of doubt, this means that if these items are carried, they are carried without Parcel Protection for damage or loss, regardless of whether Parcel Protection is taken out. We disclaim all liability in respect of any Prohibited Items. We have the right to dispose of any Prohibited Items, in whole or in part, as we decide, and reserve the right to charge you for any reasonable costs we incur in doing so.
3.4 You must:
(a) co-operate with us in all matters relating to our provision of the Service(s);
(b) provide us with access to your premises, office accommodation and other facilities to the extent reasonably required by us if any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us or our personnel;
(c) provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects (including by ensuring it complies with our Product and Service Specifications);
(d) be honest and ensure that the information you supply in the Service Order is complete and accurate. You must ensure the size, weight, contents and value of the items in the Consignment is accurate. If the declaration is wrong, we may charge you in accordance with clause 11;
(e) not cause us to carry anything if it would be illegal or unlawful for us to do so (either in Australia or any country to which a Consignment is to be delivered or through which it transits), including if would be illegal or unlawful to deliver to the intended addressee. You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.
3.5 It is your responsibility to prepare, mark, address and package the Consignment in such a way as to protect it against loss and damage. You must label the Consignment correctly.
3.6 It is your responsibility to check and prepare any import and export documentation required by any law or government authority to ensure that the Consignment may be sent to the recipient and to understand what duties, embargo rules, international sanctions and other criteria may apply. You may be required to complete customs declarations and other documentation before we can accept your Consignment. You will confirm that your Consignment complies with the import, export and customs laws and regulations of the country of departure, transit and of the destination country. We are not responsible for any delays or failures to deliver caused by any customs declarations, other documentation or government authorities.
3.7 You understand and accept that your Consignment may be opened or scanned (including by x-ray or other security screening methods) by us, or government authorities to confirm its contents or for other lawful purposes (including to ascertain your identity or a return address, in the case that the Consignment needs to be returned to you);
3.8 In addition to the items on the Prohibited Items list ,you must not send any of the following: livestock; liquids; perishable goods; gases; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials.
3.9 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.
3.10 You acknowledge that: if there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
3.11 You must send each package as a separate Consignment. If you wish to combine a number of discrete packages within a Consignment, you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are delivered to the recipient, you accept that you cannot make a claim for loss or partial loss of the Consignment.
3.12 Certain other items are not eligible for Parcel Protection for damage. If you elect to send these items as a Consignment, subject to applicable law, you do so at your risk.. Subject to clause 7, we do not accept any liability for damage to or made by these items caused through the use of our Service (the No Protection Items). Please check your item against the No Protection Items list here: https://send.asendia.com/au/help-centre/parcels/can-asendia-carry. For further details, you must read clause 7.12.
3.13 Certain other items require more detail from you before they can be sent using our Service. Please check your item against the more information required list here: https://send.asendia.com/au/help-centre/parcels/can-asendia-carry
4. Loading and Unloading
4.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.
5. Collection and Deliveries
5.1 If we are unable to deliver a Consignment at the Delivery Point, you agree that we shall be authorised to attempt to deliver the Consignment to a nearby address or a safe location (but we are not obliged to do so).
5.2 We may open an undelivered Consignment if your identity cannot be ascertained from the exterior of the packaging. If, after the opening of the Consignment, you or any party entitled to claim the Consignment remain unidentified, we may, after a period of three weeks after the opening of the Consignment, dispose of or destroy the Consignment.
5.3 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe, hazardous or harmful, we reserve the right to dispose of the Damaged Consignment immediately. To the extent that your act or omission caused the Consignment to become a Damaged Consignment, we may charge you for our reasonable costs of such disposal.
5.4 Return information is captured from the collection address details listed in the service order.
6. Sub-Contractors
6.1 You agree that we may use third parties to support our provision of the Services to you. These sub-contractors include, but are not limited to, Asendia Oceania AU Pty Ltd (ABN 53 632 699 195). No contractual relationship is formed between you and our sub-contractors under these Conditions or by virtue of our sub-contractors performing any part of the Services. We are liable for the acts and omissions of our sub-contractors.
7. Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
7.1 Nothing in this Agreement is intended to limit any right or remedy you may have under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract
7.2 Nothing in these Conditions excludes, restricts or modifies any warranty, term, guarantee, representation or condition, or any right or remedy, implied or imposed by any law which cannot lawfully be excluded, restricted or modified. If any warranty, term, guarantee, representation or condition is implied into these terms of service and cannot be excluded (Non-Excludable Provision), and we are able to limit the remedy for a breach of such a Non-Excludable Provision, then our liability for breach of such Non-Excludable Provision will be limited to one of the following at its option:
(a) supplying the Services again; or
(b) the payment of the cost of having the Services supplied again.
7.3 Further, nothing in these Conditions limits any liability we may have in connection with any representations or other communications (either oral or written) where such liability cannot be excluded under applicable law.
7.4 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
7.5 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, loss of or damage to a Consignment may still occur as a consequence of our handling of it and, in such circumstances, our liability shall be limited as set out in these Conditions. The reasoning behind such limitation of our liability is as follows:
(a) the value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases, it cannot be known to us at all and can only be known to you;
(b) the potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
(c) it is not possible for us to obtain protection which would give unlimited protection for our full potential liability to all of our customers and, even if it were, such protection would be much cheaper if taken out by you (rather than us taking out such protection and passing the cost on to you) and, on that basis, it is more reasonable for you to take out such protection from an independent third party. Please note that you are also able to purchase Parcel Protection from us for your Consignment during the ordering process;
(d) we wish to keep the costs of providing the Service(s) to you as low as possible;
(e) in light of the above, we wish to limit our liability for any damage or loss caused to you to a level which we consider reasonable to our low charges for providing the Services; and
(f) we investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and, on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability
7.6 To the extent permitted by law we shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 7 and clause 8.
7.7 We shall not be liable to you under any circumstances for:
(a) loss of profits, loss of goodwill, loss of income, loss of customers, loss of opportunity or damage to your reputation; or
(b) any special, indirect, incidental or consequential losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission,
howsoever those losses, costs, damages, or claims arise, whether in contract, breach of statutory duty, tort (including negligence) or otherwise.
7.8 We shall not be liable to you:
(a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights you have entered and the actual dimensions and/or weights as reasonably determined by us, where the relevant loss or damage would not have arisen if the relevant declared dimensions and/or weights were accurately declared;
(b) for the cost or expense of any customs, duties or other taxes that arise due to your Consignment;
(c) in any circumstances in respect of the items on the Prohibited Items; Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us; or
(d) for any loss or damage due to unsuitable packaging used for the Consignment, or for any damage to any such packaging.
The Limitation on the Amount of our Liability
7.9 To the extent permitted by law, if we are liable to you for any reason, our liability will be limited to:
(a) if you have not purchased Parcel Protection, a refund to you of the cost paid to us for the Service(s); or
(b) where you have purchased Parcel Protection for your Consignment from us, our liability to you is limited to the lesser of: (i) the value of the Parcel Protection taken out; or (ii) the actual value of the Consignment at the date of loss or damage (as applicable).
For clarity, Parcel Protection does not apply to any items listed on the “Items Protected for Loss Only” and “No Protection Items” lists. If your Consignment includes an item on the “Items Protected for Loss Only” or “No Protection Items” list, our liability is limited to a refund to you of the cost paid to us for the Service(s), regardless of whether you purchased Parcel Protection
7.10 We offer two types of Parcel Protection for Consignments:
(a) Protection for loss or damage; and
(b) Protection for loss only.
Please note that if you purchase Parcel Protection for loss only, that level of Parcel Protection does not provide any additional coverage for any damage caused to the Consignment. As such, if any damage is caused to the Consignment by our negligence, breach of duty or other wrongful act or omission, our liability for such damage is limited to a refund to you of the cost paid to us for the Service(s).
7.11 In order to ascertain the extent of our liability above, we shall require proof of the loss, including the value and weight of the entire Consignment and any constituent part or parts and you should ensure that, prior to our collection of the Consignment, you have a record of these.
No Protection Items and Items Protected for Loss Only
7.12 Certain items are not eligible for Parcel Protection for damage or loss. If you decide to send these items, you do so at your own risk.. A list of these items can be found at: https://send.asendia.com/au/help-centre/parcels/can-asendia-carry
7.13 We do not accept any liability for damage to or damage caused by any of the items on these lists, whatsoever and howsoever damage is caused, whether in contract, breach of statutory duty, tort (including negligence) or otherwise. For the avoidance of doubt, if you purchase Parcel Protection for the items on the “Items Protected for Loss Only” list, they will be covered by Parcel Protection only in the event they are lost by us.
Special Provisions
7.14 We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
7.15 If at any time we are prevented or delayed from starting, carrying out or completing any of the Services for circumstances outside of our reasonable control, including a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway, you shall have no claim for damages against us for any loss that you may suffer to the extent arising of such circumstances. Where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use all commercially reasonable endeavours to provide a replacement vehicle with the minimum delay practicable.
7.16 We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver to the extent caused by or contributed to by any deficient or ambiguous labelling that you add to a Consignment and you agree to be responsible for ensuring that such labelling is clear and unambiguous.
Packaging, Labelling and Receipt of goods
7.17 You must properly and sufficiently pack and label all goods for the intended Service and destination. Failure to do so is an Excepted Risk and could affect any liability for damage, as per clause 7.14.
7.18 You must pack the goods so that the Consignment or the contents of the Consignment or any other goods being Transported by us will not be lost or damaged whilst being Transported, and will not cause injury or damage to any person, any property or other goods.
7.19 If the Consignment has been pre-packed, for example new goods in a display box, the requirement to properly pack the goods set out in this clause 7.17 and 7.18 must include packing the Consignment so that the packaging will not be damaged whilst being Transported.
7.20 You must ensure that the labelling has the full details of the recipient and sender of the Consignment, including phone number, email, address and postcodes..
Your Default
7.21 To the extent that our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies) have the right to suspend performance of the Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default to the extent that Your Default prevents or delays our performance of any of our obligations; and
(b) we shall not be liable for any costs or losses that you may suffer...
8. International Carriage
8.1 If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure, then the Montreal Convention, as amended, shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention.
8.2 We shall not be responsible for any customs charges, import taxes, duties, return to sender charges or anything similar which are incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority, you agree to reimburse us fully in respect of the same within 7 days of our demand.
9. Claims and Refunds
9.1 You must notify us either via the Website or by written notice to Parcel2Go.com Limited, 1a Parklands, Lostock, Bolton, England, BL6 4SD, United Kingdom within:
(a) 3 working days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment. The claim must be supported by a clear photograph of the damage and a written statement from the Shopper/Recipient; or
(b) 14 days from the date the Consignment was cleared by customs, in the case of loss of the whole Consignment where no delivery event has occurred. The claim must be supported by a written statement from the Shopper/Recipient.
*Compensation under this clause is available only in respect of e-PAQ Select products.
Requesting a Refund
9.2 To the extent permitted by applicable law (and without limiting clause 7.1):
(a) refunds may be given at our discretion and in accordance with the Service definitions made available to you at the time of payment;
(b) should a refund be appropriate, it shall be made back to the payment method originally used to book the transaction;
(c) refunds may be requested by the relevant party who booked the order; and
(d) we will not provide any refund or reduction of charges if we receive less than the number of parcels for which you have contracted.
10. Your Indemnity
10.1 We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment..
10.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by:
(a) deficient or ambiguous labelling of such Consignment by you; or
(b) incomplete, incorrect, untrue or fraudulent customs declaration and/or ancillary documentation.
11. Payment
11.1 You shall pay all charges (including taxes, duties and tariffs) applicable in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service Order.
11.2 We charge for our Service(s) based on the dimensions and weight of each Consignment. We may check the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of a Consignment have been under-declared by you, you agree:
(a) that the dimensions and/or weight that we reasonably determine may be used for the purpose of the calculation of our charges;
(b) we may charge any price difference to you in accordance with our current rates and may also charge an administration fee for correcting such underpayment/additional charge (together, “Correction Charges”)
(c) that we may suspend performance if the Consignment is Out of Gauge;
(d) you authorise us to debit the Correction Charges directly from the debit/credit card, or PayPal account that you used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within 7 days of the relevant charges being issued to you;
(e) if you fail to pay the balance of the payment due within 7 days, we may charge you a default interest rate being 3% above the Cash Rate Target as set by the Reserve Bank of Australia]; and
(f) we may suspend performance of the Service(s) until the Correction Charges are received by us. Subject to clause 7 and 8,if we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising directly or indirectly that you may suffer as a result.
11.3 If you do not agree with any additional charges, we offer a surcharge dispute process, to dispute any charges created, you must provide the necessary proof deemed acceptable by us which constitutes a photograph of the package, with a visually clear tape measure showing the dimensions and the original clearly identifiable label on the package. All information regarding surcharge can be found on the Website at: https://www.parcel2go.com/surcharge-info
11.4 Surcharge disputes must be made within 28 days from the date the surcharge was received by you.
11.5 Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
11.6 From time to time, we may provide you with a discount code to be used with your order. You may only use a discount code once with one order.
11.7 In the event that you fail to pay the surcharge(s) and/or use the same discount code with more than one order, we may, if after notifying you of the issue you fail to pay the balance of your order, at our absolute discretion:
(a) cease trading with you and/or your business;
(b) remove your ability to place orders with us; and/or
(c) intercept your Consignment(s) and re-direct it to our depot. There may also be an administration fee per Consignment should you wish for the Consignment(s) to be re-shipped and/or collected.
International - Asendia AU is not able to ship back undeliverable parcels to the sender. In the event a parcel is deemed undeliverable (e.g. recipient unavailable, incorrect address, etc.), it will be returned to the destination warehouse. If no enquiry is received from the shipper within 30 days, the parcel will be destroyed.
11.8 We may at any time require proof of your solvency, including if you move your place of personal or business residence, there are reasonably grounds to suspect your solvency is in doubt or if you do not pay all outstanding amounts in full and on time.
11.9 We shall be entitled to exercise any possessory rights, or rights of lien (“Lien”) (including the rights to disposal of the Consignment), available to us over any Consignment in our possession against you. We have the right to enforce the above Lien notwithstanding the title of the Consignment.
12. Nature of Agreement
This Agreement and the Montreal Convention (so far as they are applicable) shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Service(s) set out in the Service Order. This contract and the documents referred to do not restrict, modify or waive any of your rights under any applicable Australian Consumer Laws.
13. Privacy
You agree that information provided by you in connection with the Services and the Website shall be governed by our Privacy Policy (https://www.parcel2go.com/privacy-policy) and Asendia’s Privacy Policy (https://www.asendiaoceania.com/privacy-notice) which is hereby incorporated and made a part of these Conditions by reference.
14. General
14.1 This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales, Australia.
14.2 Both parties irrevocably agree, that, subject as provided below, the courts of New South Wales, Australia shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit either parties’ right to take proceedings against the other party in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent a party from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction.
14.3 Nothing in this Agreement, whether express or implied, is intended to confer upon or shall be construed to confer upon any other person any legal or equitable right, benefit, remedy, claim, cause or action or entitlement of any nature whatsoever. To the extent permitted by law and except as expressly permitted by this Agreement, no third party will have the right to rely upon or enforce any term or provision of this Agreement.