Terms of Use

  1. Application of these terms and conditions

This web site was developed as a service provided by Alternative Freight Services Pty Limited ACN 115 150 108 (AFS) and is owned and operated on behalf of AFS, under the domain name www.alternativefreightservices.com.au (Website).

By viewing any page on the Website or otherwise accessing the Website (including you obtaining any Website Contents) (Using the Website), you agree to be bound by these Terms of Use and these Terms of Use constitute a legally binding contract between AFS and you. If you do not agree to be bound by these Terms of Use, you must not Use the Website in any way.

  1. No warranty on Website Content

AFS provides no express warranty in respect of the Website Content.

All the Website Content is provided "as is" and is provide for whatever it is worth. By publishing any of the Website Content, AFS makes no representation regarding, and provides no warranty about, the use, benefit or appropriateness of any AFS service, particularly for your circumstances.

AFS makes no representation regarding, and provides no warranty about, the accuracy, quality, timeliness, completeness, non-infringement of any Website Content.

AFS assumes no responsibility to you for the consequences of any errors or omissions in Website Content.

  1. Website Security

AFS provides no warranty in respect of the strength or effectiveness of any security measures used in respect of or otherwise involved with the Website.

AFS makes no representation regarding, and provides no warranty that any computer with which you access the Website will not be infected with a virus or be otherwise damaged (Computer Damage) if you access the Website or any aspect of the Website.

AFS agrees to take all reasonable measures that a person with expertise and experience in information technology considers necessary to prevent Computer Damage.

AFS publishes electronic addresses on the Website to facilitate communication relating to its business functions. This is not to be understood as consent by AFS of the relevant addressees (and AFS and those addressees provide no such consent) to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).

  1. Liability Provisions

Neither AFS, nor any of its related bodies corporate (as defined in the Corporations Act) or any of their respective officers, directors, employees, contractors or agents, shall be liable to you for any Loss resulting from or otherwise connected with the following: 

  1. this Website and you Using the Website;
  2. the Website Content;
  3. any Computer Damage your computer may sustain whilst you access the Website; or
  4. any other security failure by or to the Website,

whether such liability arises under contract, in tort (including negligence), by statute or otherwise.

Applicable law may not allow the exclusion or limitation of liability for consequential or incidental damages. Where that is the case, the previous paragraph should be read subject to that exclusion.

You agree to indemnify AFS, its officers, directors, employees, successors, and assigns against all Losses resulting from or otherwise connected with any Claim made by a third party regarding or relevant to the following:

  1. a virus transmitted by or from the Website;
  2. any other Computer Damage suffered by your computer or any other computer;
  3. any representation made by or on behalf of you (whether express or implied) based on the Website Content or any Linked Site Content;
  4. you passing on any of the Website Contents to any other person; or
  5. your breach of these Terms of Use.

You have rights under the Australian Consumer Law (Statutory Guarantee) for any Loss you suffer as a result of a service (if any) provided to you by AFS by your use or access to the Website, but AFS otherwise accepts no responsibility to you for that Loss. To give legal effect to this:

  1. you waive any rights you have or may have against AFS in respect of any Claim (including any claim in negligence) resulting from or otherwise connected with your use of, or access to, the Website; and
  2. nothing in these Terms of Use excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of or your exercise of the Statutory Guarantees or any liability of AFS for failing to satisfy the Statutory Guarantees, where to do so would have the effect of rendering the relevant provision in these Terms of Use void or otherwise unenforceable.

Any condition, warranty or guarantee implied by law is excluded from these Terms of Use and the liability for a breach of any Statutory Guarantee is limited to the full extent permitted by law.

You acknowledge that it is fair and reasonable for AFS to rely on any limitation of liability afforded to it under this Section 4.

  1. Availability of AFS website

All electronic services are subject to interruption or breakdown and access to the Website is offered on an “as is” and “as available” basis only.

AFS may impose restrictions on the use you may make of the Website.

For security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, AFS may withdraw the Website at any time and without notice to users.

  1. Intellectual Property Rights and permitted use

All Intellectual Property Rights subsisting in or otherwise associated with this Website (and the Website Contents) is owned or licensed by AFS, unless indicated otherwise.

Except where necessary for, and incidental to, viewing the Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Website Contents may be:

  1. used or reproduced for commercial purposes;
  2. resold;
  3. adapted;
  4. stored in a retrieval system;
  5. uploaded to a third party location;
  6. framed;
  7. performed in public;
  8. distributed or transmitted in any form by any process (including electronic, mechanical, micro copying, photocopying or recording),

without the prior written consent of AFS, which consent must be provided in writing and which AFS may provide or refuse in its absolute discretion.

If you activate any hypertext link on this Website to a Linked Site, you should follow the copyright provisions of that web site.

The Website Contents may be used and reproduced for non-commercial, personal or educational purposes, provided:

  1. that ownership of the information is appropriately attributed to AFS;
  2. the information is not modified in any way; and
  3. all copyright or other notices appearing on the Website in relation to the relevant Website Contents are reproduced with the information.

All trade marks used on this Website are owned by, or used under licence by, AFS. Third party trade marks are trade marks of the respective third parties.

  1. Hypertext Links to other websites

Hypertext links are provided on the Website to web sites owned and maintained by third parties (Linked Sites) for your ease of reference only.

AFS is not responsible for the contents of or available from any Linked Site (Linked Site Content), which is provided and maintained by a third party.

AFS provides no warranty in respect of any Linked Site, including the accuracy, timeliness or appropriateness of the Linked Site Content. AFS hereby states that it has not reviewed any Linked Site Content and cannot represent that the Linked Site Content is current.

The provision of any hypertext link to a Linked Site does not signify, and should not be understood as, an endorsement, approval, recommendation of, or preference for that Linked Site, any Linked Site Content or the owner of the Linked Site, and is in no way a suggestion or representation that the Linked Site Content is appropriate for your particular circumstances.

You activate any hypertext link on this Website to any Linked Site at your own risk.

  1. Communication tools

Should you provide information such as questions, comments, suggestions, ideas or the like through the feedback mechanisms located on the Website (User Information), AFS:

  1. has no obligation of any kind with respect to that User Information; and
  2. is free to reproduce, use, disclose, and distribute any of the User Information to others without limitation.

You agree to waive in favour of AFS any moral rights or similar rights you may have or may acquire in the future in any of the User Information.

You consent to AFS acting in accordance with this Section 8.

  1. Variation of these Terms of Use

AFS may at any time vary these Terms of Use by publishing the varied Terms of Use on the Website, which take effect at the time of publication.

AFS is under no obligation to contact or notify you of any variation to the Terms of Use. AFS will nevertheless endeavour to indicate on the Website that the Terms of Use have changed. A failure to do so does not affect the application or enforceability of the amended Terms of Use.

  1. General

The laws of the State of Victoria, Australia apply to these Terms of Use.

You irrevocably submit to the jurisdiction of the courts of Victoria, Australia.

The Courts of Victoria have the non-exclusive jurisdiction to determine any issue, dispute or matter arising or otherwise connected with these Terms of Use.

If a provision of these Terms of Use is invalid or unenforceable in a jurisdiction:

  1. it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and
  2. it does not affect the validity or enforceability of:
    1. that provision in another jurisdiction; or
    2. the remaining provisions of these Terms of Use.

A waiver is effective only if set out in writing and signed by the person charged with that waiver.

No waiver of any breach or failure to perform has the effect of waiving any rights in respect of any future breach or failure to perform or of any other provision of these Terms of Use.

All remedies provided for in these Terms of Use are cumulative of and in addition to any and all other remedies, at law or in equity, which AFS or you may have. The exercise of any one or more of such remedies does not preclude the exercise of any other remedies.

  1. Glossary

In these Terms of Use, unless indicated otherwise:

Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any prosecution by any Government Agency, in which the Government Agency seeks a pecuniary penalty) made against the party concerned, irrespective of:

  1. when or howsoever it arises;
  2. whether or not it is present or future or actual or contingent;
  3. whether or not it is fixed or unascertained; or
  4. whether or not it is at law (including under contract or tort), in equity or under statute;

Intellectual Property Rights means any patent, copyright, database, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right, and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights;

Loss means any damage, debt, loss, foregone profit, penalty, fine, expense, liability or costs (whether incurred or contingent); and

Website Content means all information displayed on the Website, including all such text, images and hypertext links to Linked Sites.

All terms bolded and in italics have the meaning indicated throughout these Terms

In these Terms of Use, unless the context otherwise requires, a reference to:

  1. the singular includes the plural and vice versa;
  2. a gender includes all genders;
  3. a person (including any party) includes a reference to an individual, company, body corporate, association, partnership, firm, joint venture, trust or Government Agency as the case requires and the person's successors, permitted assigns, executors, administrators, successors and substitutes; and
  4. a law includes the law as amended, consolidated, supplemented or replaced from time to time.

Headings are for convenience only and must be ignored in interpreting these Terms of Use.