Terms and Conditions

TERMS AND CONDITIONS FOR SUPPLY OF SERVICES

INTERPRETATION

In this document the following words shall have the following meanings:

“Customer” means any person who purchases Services from the Supplier;

“Company” means Anistemi Pty Ltd

“Business”/“Service” collectively mean The Traxi delivery service (owned by Anistemi Pty Ltd)

“Software” means The Traxi website and/or app.

“Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and the Business, The Traxi delivery service (the “Business”). In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Business (collectively, the “Service”), and downloading, installing or using any associated software supplied by the Business which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at Terms & Conditions or through the Service.

The Business reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.

 

AGREEMENTS

These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Business.

By using the Software or Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. By using the Software or the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Software or Service. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Business is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Business reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or un-authorized device.

 

BY USING THE SOFTWARE OR THE SERVICES, YOU AGREE THAT:

You will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.

You will not use the Service or Software to cause nuisance, annoyance or inconvenience.

You will not impair the proper operation of the network.

You will not try to harm the Service or Software in any way whatsoever.

You will not copy, or distribute the Software or other content without written permission from the Business.

You will only use the Software and Service for your own use and will not resell it to a third party.

You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.

You will provide us with whatever proof of identity we may reasonably request.

 

LICENSE GRANT & RESTRICTIONS

The Business hereby grants you a non-exclusive, non-transferable right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Business and its licensors. You shall not:

License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;

Modify or make derivative works based upon the Service or the Software;

Create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device;

Reverse engineer or access the Software in order to.

Build a competitive product or service

Build a product using similar ideas, features, functions or graphics of the Service or Software, or

Copy any ideas, features, functions or graphics of the Service or Software, or

Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.

PARAMETERS FOR SERVICE OR SOFTWARE USAGE, YOU SHALL NOT:

Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

Interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein.

Attempt to gain unauthorised access to the Software or Service or its related systems or networks.

 

PAYMENT TERMS

Payment of the price shall usually be paid on application for individual surveys and by contract or Service Level Agreement terms as applicable.

Payment can be made by credit/debit card on-line, by EFT & Paypal. Payment in arrears will be by prior agreement only.

The Supplier will send an electronic report to the customer. If any further copies are requested, in online format.

The Supplier reserves the right to modify, update or run promotions on any service at any time.

The Supplier reserves the right not to refund tips.

The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.

All prices and Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are exclusive of GST. When Traxi Delivery Run quotes are provided, we hold the right to charge clients up to $50 for not pursuing bookings, asking us to requote more than once and/or using our data for their job request.

Any fees which the Business may charge you for the Software or Service, are due immediately and are refundable at the Business’s discretion.

This refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever.

 

INTELLECTUAL PROPERTY OWNERSHIP

The Business alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Business. The Business name, the Business logo, and the product names associated with the Software and Service are trademarks of the Business or third parties, and no right or license is granted to use them.

 

THIRD PARTY INTERACTIONS

During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Business and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Business does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Business or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Business provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Business disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

The Business may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidise the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Business reserves the right to charge you a higher fee for the Services or Software should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Business website located at https://www.thetraxi.com. The Business may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

  

INDEMNIFICATION

By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold the Business, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service. Should a product be damaged due to Force Majure or not at fault of the drivers, it is up to the director to determine a full refund of the delivery; i.e. Balloons that fly away / pop.

 

DISCLAIMER OF WARRANTIES

The Business makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The Business does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, (f) the time selected for delivery will be carried out or (g) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Business. The Business makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.

 

Internet Delays

The Business’s service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Business is not responsible for any delays, delivery failures, or other damage resulting from such problems.

 

CUSTOMER OBLIGATIONS & LIMITATION OF LIABILITY

To enable the Supplier to perform its obligations the Customer shall:

Co-operate with the Supplier;

Provide the Supplier with any information reasonably required by the Supplier;

Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.

Comply with such other requirements as agreed between the parties.

Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.

 

GENERAL LIMITATION OF LIABILITY 

In no event shall the Business’s aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall the business and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The business and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website/app or is referred by the service or software, even if the Business and/or its licensors have been previously advised of the possibility of such damages.

The Business may introduce you to third party couriers for the purposes of providing courier services. We will not assess the suitability, legality or ability of any third party couriers and you expressly waive and release the Business from any and all any liability, claims or damages arising from or in any way related to the third party couriers. The Business will not be a party to disputes, negotiations of disputes between you and such third party providers. We cannot and will not play any role in managing payments between you and the third party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the Business from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service. You expressly waive and release any and all rights and benefits in accordance with and governed by the laws of the state of Victoria. You understand, therefore, that by using the software and the service, your deliveries may be exposed to situations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the software and the service at your own risk.

 

LIABILITY OF GOODS IN TRANSIT

All goods collected and delivered must be in packaging of some sort, preventing the ability to damage the goods in delivery. Only in cases where goods or items are damaged, lost or stolen during transit delivery (that is, while the good or item is in possession of The Traxi driver), the Business offers to investigate and mediate the issue and, if The Traxi driver is found to be at fault, will provide you compensation for damages up to AUD $300 in for your Traxi Account.  As soon as the incident occurs, please contact The Traxi Support at admin@thetraxi.com

Your email must include the following details:

Delivery ID / Details of Delivery

Proof of Damages (Photos – high resolution and different angles)

Explanation of the situation

Copy of invoice

If the Business is determined to be at fault, the Business warrants the replacement of said items up to the value of AUD$300.

Where the Business is not at fault:

The Contractor is not responsible for failures relating to and/or caused by the following;

  1. Incorrect delivery information and/or addresses provided by business/company and Recipients to the business/company, causing delivery delays or deliveries to incorrect locations;
  2. Where delivery recipients are contacted due to the following reasons causing slight delays;
    1. Locked Gates and/or fences delaying entry to premises for delivery
    2. Broken Doorbells / Apartment Buzzer
    3. Have left their residence and request we wait for their return
    4. Recipients not answering their door or phone, are notified their package has been left in a safe location, but do not check their mobile and state their dissatisfied with the parcel having been left outside.
  3. Force Majure;
  4. The Contractor does not hold liability for any loss or damage arising out of circumstances beyond the Contractor’s control. These include, but are not limited to, any defect or characteristic related to the nature of the item, even if known to the Business; “Force Majeure”.
  5. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
  6. Vehicle and road related incidents where the Contractor is not at fault, examples include;
  7. Road closures affecting the Contractor’s delivery route;
  8. Construction work affecting the contractor’s delivery route;
  9. Vehicle incidents affecting the contractor’s delivery route;
  10. Burst water mains affecting the contractor’s delivery route.
  11. Insufficient packaging of food and/or beverages within the parcels created by the business/company. To assist in clarification of these issues, should they arise business/company must provide images of the contents of parcels that are otherwise unable to be viewed by the Contractor to ensure packaging requirements have been sufficiently met. These images will need to be stored and viewed upon request by the Contractor, should recipients declare missing items and/or damaged products.

Pre-existing damage

Criminal related Incidents (robbery, breaking in, armed robbery and so forth).

The item has been approved to be left outside / in outdoor location, the Business is not at fault if item is stolen / missing.

Where the Business is at fault:

The item was directly and observably damaged by a contractor (pre-existing photo evidence to be submitted)

The item was stolen by a The Traxi driver

The item was lost by a The Traxi driver when all delivery information is sufficient

The item is left in a location exposed to rain and inclement weather

The item is left in a location exposed to public without approval/permission to leave it there, and is stolen by someone else.

For items of high value, we recommend that you either purchase your own insurance or make a special declaration of item value and request for insurance prior to logging the delivery with the Business.

The Business can only be held liable for direct damage or loss to items. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to the Business’s attention.

Intellectual Property

The contents, logo and other visual media you created is The Traxi property and is protected by copyright laws.

NOTICE

The Business may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Business’s account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending the email. You may give notice to the Business (such notice shall be deemed given when received by the Business) at any time by sending an email to admin@thetraxi.com, addressed to the attention of: Director.

 

AGREEMENT

This Agreement shall be governed by Australian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service or Software shall be subject to the exclusive jurisdiction of the state and federal courts located in Melbourne VIC, Australia. No joint venture, partnership, employment, or agency relationship exists between you, the Business or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Business to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Business in writing. This Agreement comprises the entire agreement between you and the Business and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 

 

SPECIFIC TERMS RELATED TO DELIVERY

Delivery guaranteed in 12 hours or less to the location from selected date unless specified otherwise by the Business; it is the Client’s or recipient’s responsibility to be at the location at time of expected delivery and contactable, or organized the Business to leave the item in a secure location. A business card is left with each delivery, payment confirms this term.

Specific Terms Related To Alcohol Delivery

  1. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
  2. We do not allow purchase of alcohol products via The Traxi website/app. You must be over the age of 18 years; and any person that you are obtaining the products for, or supply the products to, are over the age of 18 years.
  3. The Business may request supporting documentation to verify personal information in its absolute discretion.
  4. The Business reserves the right to refuse or reverse any transaction at our discretion where we reasonably suspect that unlawful activity has been, is being or may be engaged in.
  5. If there is no one at the Delivery Address or no one over the age of 18 to receive the order when the order is delivered the Business may charge you and you may be required to pay an additional fee.
  6. We may change these Website/App Terms at any time without notice. Please review these Website/App Terms regularly to ensure you are aware of any changes made.

RETURNS & REDELIVERY

The Traxi driver will attempt to log a return or redelivery in the following circumstances:

If the recipient is unavailable and you have marked ATL, The Traxi driver will assess if there is a safe place to leave the item. If there is no safe place, The Traxi driver will contact you directly to ask for permission to book a return or redelivery.

If the recipient is unavailable and you have NOT marked ATL, The Traxi driver will contact you directly to ask for permission to book a return or redelivery.

the recipient is unavailable

If the delivery information provided is incorrect.

If the item is handed over to the wrong The Traxi driver; that is, not the one assigned to that specific job.

In all of the above cases, The Traxi driver will be instructed to book a return delivery to you/ your store. You, as the Client, will be charged for the cost of the return or redelivery.

If the Traxi driver picks up the wrong item; that is, the driver is at fault; the Client will not be charged for the return or redelivery.

 

DELIVERY PRICING AND SURCHARGES

All prices displaced are at the sole discretion of the Business and are subjected to changes and surcharges.

DELIVERY SURCHARGES 

If a delivery is required out of hours, an additional fee of $8 is applied.

 Single Delivery

Wait time charges will apply after the first 10 minutes of the driver arriving and waiting at either the pickup or delivery location. 

A fee of $4.00 will be charged for every additional 5 minutes the driver is kept waiting.

  

Runs

Wait time charges will apply after the first 10 minutes of arrival for the first delivery and 1 minutes for every subsequent delivery in the run.

A fee of $3.00 will be charged for every additional 5 minutes the driver is kept waiting.

 

REFUND

As a Client of the Business you would be eligible for a (full or partial) refund of the delivery fee under the following conditions:

Please read our full Cancellation Policy for details and conditions. 

If no driver is available to accept and complete your delivery.

Should the client wish to alter delivery locations after payment has been made, the client will be ineligible for a refund as per T&Cs on the invoice.

The Traxi does not have a credit system in place and therefore does not award credits.

COVID-19 Impact. 

Unless an official Australian and/or Victorian Lockdown has been announced, we hold the right to refund as per our Cancellation policy (50% Refund via Paypal).

Should a lockdown be enforced, The Traxi will refund full amounts where possible, retaining the booking fee to cover the Paypal merchant fee.

If a delivery booking is made after a lockdown announcement has occurred, we hold the right to refund as per our Cancellation policy (50% Refund via Paypal).

FRAGILE ITEMS

For transportation of fragile items, the Client is responsible for properly packing and/or wrapping the items and filling of any empty spaces in the packaging, to prevent damage during regular transit. The Business shall not be held liable for any damages to inadequately packaged fragile items. If damage occurs to The Traxi vehicles, the client holds liability to cover any expenses to repair the damage up to $50.

 

CIRCUMSTANCES BEYOND THE TRAXI’S CONTROL

The Business is not liable for any loss or damage arising out of circumstances beyond the Business’s control. These include, but are not limited to, any defect or characteristic related to the nature of the item, even if known to the Business; “Force Majeure”.

FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

UNACCEPTABLE ITEMS

The Business does not accept deliveries containing items that are classified as hazardous materials, dangerous goods, stolen or unlawfully acquired goods, counterfeit goods, animals, bullion, currency, gemstones, weapons, explosives and ammunition, human remains, illegal items, such as ivory and narcotics. 

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

For any questions or notice, please contact us at:

Email: admin@thetraxi.com

Anistemi Pty Ltd ACN 644 548 069

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