PLEASE READ THIS ONESTOP DELIVER APP TERMS AND CONDITIONS (Terms and Conditions) CAREFULLY. BY ACCESSING AND/OR USING THE ONESTOP DELIVER APP, YOU AGREE TO THIS TERMS AND CONDITIONS AS A LEGALLY BINDING CONTRACT BETWEEN YOU AND 1-STOP CONNECTIONS PTY Limited ABN 58 102 573 544.
Operative Terms and Conditions
1. Eligibility to Access and/or Use our OneStop Deliver App
1.1 Our OneStop Deliver App (OneStop Deliver) is owned and operated by 1-Stop Connections Pty Limited ABN 58 102 573 544 (we, our and us). The OneStop Deliver App can be used by anyone but it is designed for use by employees and contractors of a third party that has subscribed to the OneStop Vehicle Booking System services pursuant to a written agreement (Subscription Agreement) between us and such third party (a Customer) and that Customer has authorised you to use the OneStop Deliver App as part of its management of shipping container pickup and delivery jobs that are allocated to you by the Customer that has authorised you to use the OneStop Deliver App.
1.2 The OneStop Deliver App may only be accessed and/or used by you if you:
(a) have the capacity to enter into legally binding contracts under applicable law;
(b) irrevocably and unconditionally accept the terms and conditions of, and agree to be legally bound by, this Terms and Conditions; and
In these Terms and Condtions, we refer to such persons as Eligible Users.
1.3 If you are not an Eligible User or you cease to be an Eligible User, you must not access or use the OneStop Deliver App.
1.4 By accessing and/or using the OneStop Deliver App or any part thereof you warrant and represent to us that you are an Eligible User and will be deemed to have irrevocably and unconditionally accepted these Terms and Conditions, and agreed to be legally bound by, these Terms and Conditions.
1.5 The OneStop Deliver App can be downloaded via Apple’s or Google’s app store.
1.6 If you are not an Eligible User, you must not and cannot access or use the OneStop Deliver App.
2. OneStop Deliver App Account Registration and Activation
2.1 The OneStop Deliver App can only be accessed and used by Eligible Users who have a current registered account on the OneStop Deliver App.
2.2 If you are not an Eligible User or cease to be an Eligible User, we may terminate your access to the OneStop Deliver App at any time without notice.
2.3 If any of the information contained in your account registration is incorrect or changes, you must promptly update your OneStop Deliver App account with the relevant correct and up-to-date information.
2.4 You must not disclose or provide login credentials for your OneStop Deliver App account to any third party. You are solely responsible for the confidentiality of your username and password and for any use and unauthorised use of your OneStop Deliver App account. You must immediately notify us if you become aware of any unauthorised usage or access to your account and provide all necessary cooperation, assistance, information, materials, authorisations, permissions and access for us to investigate any suspected, actual or potential breach, misuse or unauthorised access of your OneStop Deliver App account.
2.5 Upon activation of your OneStop Deliver App account, you will have a non-exclusive, non-assignable, non-sublicensable, revocable right to download and operate the OneStop Deliver App and to use the functionality that we are engaged to make available to you under a Subscription Agreement (Licence). You must not access or use the OneStop Deliver App other than pursuant to the Licence.
2.6 For the purposes of these Terms and Conditions, if you are an Eligible User with an active OneStop Deliver App account, you are a Licensed User.
2.7 Licensed Users can use the OneStop Deliver App on one or more of their compatible devices.
3. Your Data
3.2 As a Licensed User:
(a) you agree and acknowledge that you must have location-based monitoring and tracking functionality available and active on your device in order to be tracked. You further agree and acknowledge that the OneStop Deliver App location-based monitoring and tracking functionality on your device will:
(i) commence 2 hours before the commencement of each shipping container pick up or delivery at a terminal or container park facility or when you elect to ‘start a job’ in the OneStop Deliver App, whichever is earlier; and
(ii) cease when you leave the last geofence near to the terminal or container park facility where the pickup or delivery took place or you mark a pick up or delivery ‘complete’ via the OneStop Deliver App, whichever is earlier.
(b) you warrant and represent that you will only upload, input, transmit and transfer Your Data into the OneStop Deliver App or disclose Your Data to us, or permit us to collect Your Data, that you are fully entitled and authorised to upload, input, transmit, transfer and disclose to us;
(c) you grant us a perpetual, non-terminable, non-exclusive, royalty-free, worldwide licence to access, use, host, transmit, store, retain and disclose Your Data as required by us to provide the functionality contained in the OneStop Deliver App and to disclose Your Data to terminals and container park facilities where you collect/deliver shipping containers and to the Customer that has authorised you to use the OneStop Deliver App; and
(d) you warrant and represent that that our access, use, hosting, transmission, storage, retention, disclosure and/or processing of Your Data in accordance with the licences granted under subclause 3.2(c) will not breach any applicable law or right of any person.
3.3 If you are a Licensed User, you are solely responsible for the accuracy, legality and quality of Your Data and for obtaining any consents, permissions, licences, rights and authorisations necessary for us to access, use, host, transmit, store, disclose and otherwise process Your Data as permitted under the licence granted by you under clause 3.2(c).
3.4 You must indemnify us in respect of any loss and damage that we incur in respect of any claim, proceeding, demand or allegation that the access, use, hosting, transmission, storage, disclosure or processing of Your Data by us as permitted under the licence granted by you under clause 3.2(c) infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
4. UNAVAILABILITY OF AND INTERRUPTIONS TO THE ONESTOP DELIVER APP
4.1 WE DO NOT WARRANT OR REPRESENT THAT THE ONESTOP DELIVER APP WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
4.2 The availability of the functionality in the OneStop Deliver App to you will be subject, in addition to any other provisions set out in these Terms and Conditions, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions that we notify you of, and any planned and unplanned maintenance by us, our hosting providers or any third party service providers who provide functionality that the OneStop Deliver App relies on.
4.3 You acknowledge that the accessibility and use of the OneStop Deliver App and Your Data processed by us requires an Internet connection and is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure which the OneStop Deliver App operates on, interfaces with and/or connects to and that we are not responsible for any non-performance of the OneStop Deliver App associated with any of those matters.
5. Intellectual Property Rights in the OneStop Deliver App
5.1 These Terms and Conditions does not transfer or assign any Intellectual Property Rights to you.
5.2 As between you and us, except in respect of Your Data, we own all Intellectual Property Rights in the OneStop Deliver App.
5.3 You have no rights in the OneStop Deliver App or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to the Licence.
5.4 The Intellectual Property Rights in any comments that you may provide to us in connection with the OneStop Deliver App, including any suggestions or requests for new features (each, an Improvement Suggestion) become our sole and exclusive property immediately upon you providing or disclosing the Improvement Suggestion to us, and you hereby assign all Intellectual Property Rights in Improvement Suggestions to us effective as soon as you provide or disclose them to us, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by us and any third party we authorise of all Moral Rights that you may have in any Improvement Suggestion.
5.5 You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the OneStop Deliver App. Without limiting the preceding provision, you must not register any security interest on the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth) or otherwise encumber or charge your rights in respect of Your Data or with respect to the rights granted to you by these Terms and Conditions to use the OneStop Deliver App.
5.6 You may not use the OneStop Deliver App except as permitted by the Licence. You must not, under any circumstances, sell or resell access to the OneStop Deliver App or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the OneStop Deliver App.
5.7 In addition, you must not, nor may you permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the OneStop Deliver App and/or any content in the OneStop Deliver App (except any of Your Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
(c) use the OneStop Deliver App in any way that infringes our rights or the rights of any third party;
(d) use the OneStop Deliver App to create any product or service that competes with the OneStop Deliver App; and
(e) take any steps to circumvent any technological protection measure or security measure in the Deliver App.
5.8 You must not use the OneStop Deliver App in any way that breaches these Terms and Conditions and/or any statute, regulation, law, or legal right of any person.
5.9 In these Terms and Conditions, “Intellectual Property Rights” means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the Convention Establishing the World Intellectual Property Organisation, and all rights to enforce any of the preceding rights.
5.10 In these Terms and Conditions, “Moral Rights” has the meaning given to it in the Copyright Act 1968 (Cth).
6. Acceptable Use Policy
6.1 The following uses of the OneStop Deliver App are strictly prohibited under these Terms and Conditions:
(a) using the OneStop Deliver App to violate all or any legal rights of any person or company or other entity in any jurisdiction;
(b) using the OneStop Deliver App to commit crimes such as theft and fraud or to make fraudulent offers of goods and/or services;
(c) using the OneStop Deliver App in breach of any applicable laws, including any laws relating to the protection of copyrights, trade secrets, patents or other intellectual property, spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise;
(d) using the OneStop Deliver App to introduce malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mailbombs);
(e) revealing your OneStop Deliver App account credentials to others or allowing the use of your OneStop Deliver App account by others;
(f) using another person’s name or OneStop Deliver App account credentials or otherwise attempting to gain access to an OneStop Deliver App account of any other person;
(g) using the OneStop Deliver App to carry out security breaches or disruptions of network communication. For the purposes of this paragraph, “security breaches” include, but are not limited to, network sniffing, pinged floods, denial of service and forging routing information for malicious purposes;
(h) using the OneStop Deliver App to execute any form of network monitoring which will intercept data not intended for you;
(i) using the OneStop Deliver App to circumvent user authentication or security of any of our hosts, networks or accounts or those of our Customers or suppliers;
(j) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the OneStop Deliver App;
(k) using the OneStop Deliver App to send unsolicited messages in breach of the Spam Act 2003 (Cth); and
(l) using the OneStop Deliver App in breach of any person’s privacy (such as by way of identity theft or “phishing”).
7.1 Each party to these Terms and Conditions is not liable to the other party for any breach of these Terms and Conditions to the extent that the breach is caused or contributed to by any act, event, omission, accident or circumstance beyond its reasonable control (Force Majeure Event).
7.2 To the extent possible by law, we do not represent that the information on the OneStop Deliver App is accurate, correct, up-to-date or error-free or that the OneStop Deliver App will operate on an uninterrupted or error-free basis.
7.3 If you are a Licensed User, we may issue notifications to you that we consider may be relevant to you. We do not warrant or represent that we will notify you of all or any specific actual or potential notifications relevant to you.
7.4 The OneStop Deliver App may come with non-excludable guarantees (Non-Excludable Guarantees) which are governed by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) and equivalent state and territory law. The Non-Excludable Guarantees depend on whether you are a ‘consumer’ of goods or services within the meaning of that term pursuant to the ACL or other equivalent state and territory law, as amended.
7.5 Except in respect of any Non-Excludable Guarantees, a party (the first party) is not liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data, except to the extent caused by the first party’s intentional breach of these Terms and Conditions.
7.6 Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law, we will not have any liability to you for all or any loss or damage howsoever incurred in relation to your use of or inability to use the OneStop Deliver App in excess of $500 (in the aggregate).
7.7 If the goods or services that we supply to you are subject to a Non-Excludable Guarantee and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the ACL, we limit our liability for breach of any such Non-Excludable Guarantee (other than a guarantee implied by sections 51, 52 or 53 of the ACL) or expressly given by us to you, in respect of each of the goods and services, where it is fair and reasonable to do so, at our option, to one or more of the following, at our option:
(a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods and/or the repair of such goods; or
(b) if the breach relates to services: the supplying of the services again or the cost of re-supplying the services again.
7.8 Any warranty against defects provided by us to you in your capacity as a consumer under the ACL is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
8. Suspension and Termination of Access to the OneStop Deliver App
8.1 We may suspend the functionality provided by the OneStop Deliver App or any part of it at any time without notice for technical support purposes, in order to investigate any security breach or where reasonably necessary to protect our legitimate commercial interests.
8.2 We may terminate your access to the OneStop Deliver App by notice to you if:
(a) a Force Majeure Event continues for 30 consecutive days that prevents us from performing our obligations under these Terms and Conditions;
(b) you breach any material term of these Terms and Conditions;
(c) the relevant Subscription Agreement is terminated;
(d) access to the OneStop Deliver App is suspended or terminated under or in connection with the relevant Subscription Agreement;
(e) you cease to be a Licensed User; and/or
(f) we discontinue the operation of the OneStop Deliver App.
8.3 Termination of your access to the OneStop Deliver App does not affect any of our or your accrued rights.
9. Apple and Google terms
9.1 These Terms and Conditions is an agreement between you and us and not between you and Apple Inc. (Apple) or you and Google Inc. (Google). As between Apple and us, and between Google and us, we are solely responsible for any product warranties pertaining to the OneStop Deliver App, whether express or implied by law, to the extent not otherwise effectively disclaimed under these Terms and Conditions.
9.2 In the event of any failure of the OneStop Deliver App to conform to any applicable warranty and where the warranty relates to your use of a version of the OneStop Deliver App downloaded through Apple’s app store, you may notify Apple, and Apple will refund the purchase price for the OneStop Deliver App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty or obligation whatsoever with respect to the OneStop Deliver App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the OneStop Deliver App to conform to any warranty will be our sole responsibility, subject to the provisions of these Terms and Conditions.
9.3 Subject to the terms of these Terms and Conditions, you and we each acknowledge that, as between you and us, we, and not Apple or Google, are responsible for addressing any of your claims relating to the OneStop Deliver App or your possession and/or operation of the OneStop Deliver App, including, but not limited to:
(i) product liability claims made in respect of the OneStop Deliver App;
(ii) any claim that the OneStop Deliver App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation in respect of the OneStop Deliver App.
9.4 Notwithstanding the provisions of this clause 9, and for the avoidance of doubt, you agree to release and indemnify us from and against any claims that you or any other person might have (including any claims arising under consumer protection or similar legislation in respect of the OneStop Deliver App and any other claims, losses, liabilities, damages or expenses) which are caused or contributed to by your breach of these Terms and Conditions or applicable law.
9.5 You and we each acknowledge that neither Apple nor Google have any obligation to furnish any maintenance or support services with respect to the OneStop Deliver App.
9.6 You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9.7 You and we each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of these Terms and Conditions and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary of these Terms and Conditions.
10.1 Any notice issued to you from us shall be in writing and sent to you via SMS or to any email address that you notify us of from time to time.
10.2 You may issue any notice to us by sending it to our registered office or by email to us using any contact details contained on our website.
10.3 Any notice issued via email is deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt or upon the sender’s receipt of a reply to the email from the recipient.
10.4 We may send you emails or other electronic messages concerning these Terms and Conditions, your OneStop Deliver App account (if you are a Licensed User) and/or the OneStop Deliver App from time to time.
11.1 Amendment: These Terms and Conditions may be amended by us at any time. If you are a Licensed User, we will notify you of the amendments at least thirty (30) days prior to the amendments coming into effect (Amendment Notice). If you do not agree to the amendments, you must delete the OneStop Deliver App from all of your devices within thirty (30) days from the date of the Amendment Notice and must not thereafter access or use the OneStop Deliver App.
11.2 Survival: Any rights or obligations that, by their nature, survive termination of these Terms and Conditions shall so survive, including any provision dealing with Intellectual Property Rights, liability and jurisdiction.
11.3 Severability: If any part of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the remainder of these Terms and Conditions shall remain enforceable.
11.4 Relationship: These Terms and Conditions does not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
11.5 Entire agreement: These Terms and Conditions constitutes the entire agreement between you and us, and to the extent possible by law, supersedes all prior understandings, representations, arrangements and agreements between you and us, regarding its subject matter.
11.6 Jurisdiction: These Terms and Conditions will be governed by and interpreted in accordance with the laws in force in New South Wales. You and we irrevocably submit to the exclusive jurisdiction of the courts situated in New South Wales and any court of appeal from there with respect to any dispute or proceeding in connection with these Terms and Conditions and/or the OneStop Deliver App.