Temando Conditions of Use
These conditions of use ("Conditions of Use") set out the conditions applicable to your use of, including your acquisition of products or services through, this website ("www.temando.com") by Temando Pty Ltd ABN 64 120 582 738 and its related bodies corporate ("Temando"). Temando may amend these Conditions of Use at any time by posting the amended terms on this Website which you acknowledge shall constitute sufficient notice to you thereof. These Conditions of Use were last amended on 02 September 2007.
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Temando form the conditions of supply of material on, use of and access to Temando. Your continued use of Temando constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Temando.
These Temando Conditions of Use govern your use of all sites that form part of the network of www.temando.com. The additional conditions for these sites are set out separately below. From time to time, Temando may run competitions, prize draws and promotions on Temando. These will be subject to additional terms and conditions, which will be made known to you at the time. All terms and conditions that govern your use of Temando (including disclaimers) may only be amended in writing signed by an authorized officer of Temando and Temando may amend them from time to time.
As a condition of your use of Temando or any services on Temando, you warrant to Temando that you will not use Temando for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on Temando. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
- Use Temando to defame, abuse, harass, stalk, threaten or otherwise offend others;
- Publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- Use any automated scripting tools or software;
- Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Temando;
- Impersonate any person or entity;
- Upload, post, e-mail, transmit or otherwise make available using Temando any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- Breach any applicable laws or regulations.
Temando has no obligation to monitor any user's use of Temando, however Temando retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify Temando if Temando or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Temando.
If freight is reweighed, and a discrepancy found between the weight indicated to Temando, and the actual weight of the freight, any additional charges incurred will be charged back to the customer, with Temando reserving the right not to send freight until outstanding moneys are paid.
If freight is re-measured, and a discrepancy found between the dimensions indicated to Temando, and the actual dimensions of the freight, any additional charges incurred will be charged back to the customer, with Temando reserving the right not to send freight until outstanding moneys are paid.
The freight transaction is deemed to be accepted once payment is confirmed, regardless of payment method (i.e. account), and after acceptance customers are responsible for having their freight ready at the date and time indicated.
If a transport carrier recharges or penalizes Temando for an additional pickup upon a failure for a customers to have the freight ready at the time indicated to Temando, these fees will be billed to the customer.
Temando is not liable for lost, stolen, damaged, wet, or wrongly delivered freight.
All customers are responsible for their own packaging, accurate dimensions, accurate weights, the point of origin for the shipment, the point of destination for shipment, whether the shipment will be insured and the amount of coverage, and any other special instructions.
All customers are responsible for the contents of the freight, and may not use the Temando system to send any item which is in any violation or conflict of respective origin and destination legislations.
Any Dangerous goods are the responsibility of the Transport Carrier. Temando hold the right to charge any overdue accounts at the rate of 30% interest until accounts are paid and reconciled.
Should a transport carrier or customer file for bankruptcy or foreclosure, Temando is not liable for any monies outstanding or issues of non-delivery.
The use of the Temando system is subject to acceptance of Temando's Terms and Conditions, and the acceptance of further Terms and Conditions that each individual Transport Carrier may have.
Acceptance of Terms
You acknowledge and accept that by using this Website, you agree to be bound by these Conditions of Use. If you do not agree with any of these terms, do not use this Website. Any use of and/or acquisition of any product and/or service offered on this Website is subject to the applicable Temando ("Terms and Conditions").
Unless expressly indicated to the contrary, Temando or its licensors own copyright in all texts, graphics and layouts ("Material") on this Website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this Website. You acknowledge that you do not acquire any ownership rights by downloading Material from this Website.
You may reproduce in whole or in part the Material only if:
The reproduction is not for public or commercial purposes; and
You do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute Temando as the copyright owner or licensee of the work.
Unless we notify you to the contrary, you may incorporate any Material or parts of such Material on this Website into your website only if you comply with the conditions relating to authorized reproduction set out above. You are not authorized to represent that Temando endorses or otherwise approves of the content on or operation of your website.
The Temando logo is a registered trademark of Temando Pty Ltd. Other trademarks may be displayed on Temando from time to time. These may belong to third parties. The Temando Trade Mark must not be used by you or any other person except as part of an authorized reproduction of the Materials. You must not modify, or permit the modification of, the Temando Trade Mark. Nothing displayed on Temando should be construed as granting any license or right of use of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant owner.
Unless stated to be otherwise, charges referred to for use of any services provided by Temando via Temando are GST inclusive. Where GST applies, upon payment for online credit by a Temando member, Temando will deduct the GST it incurs from each payment and Temando will issue the member with a Tax Invoice. The balance of the payment will be credited to a member's account. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on Temando from time to time. These websites do not form part of Temando and are not under the control of Temando or its related bodies corporate and neither Temando nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave Temando and do so entirely at your own risk.
Temando may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Temando or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on Temando, including via e-mail, Temando accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
You agree that your use of this Website (including downloading Material) is at your sole risk. The Material on this Website is intended to provide general information only and may not be accurate or current. Material is provided on an "as is" and "as available" basis. Temando and its carriers do not warrant or make any representations concerning the completeness, timeliness, suitability or accuracy of any Material on this Website including, without limitation, the prices of products or services, contained on or accessible through this Website, or that access to this Website will be uninterrupted, timely or secure. To the extent permitted by law, in no event shall Temando and its carriers be liable for any damages of any kind related to the completeness, timeliness, suitability or accuracy of any
This Website may contain hypertext links, frames or other references to websites operated by third parties ("Third Party Websites"). We cannot control the contents of Third Party Websites, and make no warranty about the completeness, timeliness, suitability, accuracy or subject matter of the Material located on Third Party Websites. We do not approve of, endorse, or sponsor any content or Material on Third Party Websites. We make no warranties or representations that use of Material on Third Party Websites to which this Website is linked does not infringe the intellectual property rights of any person anywhere in the world. We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in Material on Third Party Websites by linking to such Material or allowing such Material to link to this Website.
Accuracy of information and disclaimer of warranties
All material on Temando is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Temando is at your sole risk. Access to Temando is provided on an 'as available' basis. Neither Temando its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on Temando will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Temando will be uninterrupted, timely or secure. Temando will not be liable for loss resulting from any action or decision by you in reliance on the information on Temando, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
At Temando we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our websites or interacting with our email messages.
Temando will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.
If you're making an online purchase from a Temando site and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'
- Be sure to double check the website address at the top of your browser.
- Be wary of opportunities that seem 'too good to be true' when interacting with our sites.
- Our sites do not endorse individual sellers or vendors.
- Report any suspicious activity to us immediately.
- Keep your computer up to date with anti-virus, firewall software and the latest patches.
- Disregard and delete spam, chain and junk emails.
Carbon Measurement and Offsets
As part of this Agreement the Customer, it's agents, subsidiaries and its Customers may choose, at their own option to measure and offset the CO2 associated with the service provided through Temando. If the Customer chooses this option Temando makes no representations or warranties that the Data is an exact calculation of the actual CO2 emissions generated or a fully certified figure in accordance with any national or international standards. The Data calculated is an indicative representation only of approximate CO2 emissions generated. The measurement is based on formulas and methods that are acquired through a third party and are based on independent published academic research, and as recommended by the International GHG Protocol Corporate Accounting and Reporting Standards and methodologies. The formulas and methods used, in connection with the CO2 measurement, may result in variations in Data which reflect the current prevailing information and formulas and methods at the time of measurement. The Customer acknowledges and agrees that the nature of CO2 emissions and its measurement is an evolving science and is, by its nature, imprecise and generalistic. In the event that an offset is purchased the Customer acknowledges that the retirement of Carbon Commodities is a permanent process. Once payment has been made and Carbon commodities have been retired and no refunds will be made available.
Limitation of Liability
Temando and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise Temando and its related bodies corporate exclude all conditions and warranties that may be implied by law. To the maximum extent permitted by law, under no circumstances will Temando be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising out of or referable to the accessing, downloading, using or relying on any Material on this Website or any Material on a Third Party Website, whether caused by the negligence of Temando or otherwise.
The liability of Temando for a breach of a condition or warranty implied by law and which cannot be excluded, is limited, to the extent possible, at Temando's option, to:
- the supply of the goods or services again; or
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
You expressly agree and understand that in no circumstances will Temando or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Temando or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access Temando or any material on Temando; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on Temando. Excluding liability for negligence the maximum liability of Temando and its related bodies corporate is equivalent to the total of any amounts you have paid to Temando and its related bodies corporate in respect of goods or services supplied to you by Temando or its related bodies corporate through Temando.
Temando does not represent or warrant that any files obtained from or through this Website are free from computer viruses or other defects, including trojan horses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
You agree to defend, indemnify and hold Temando, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this Website or the placement or transmission of any Material on this Website by you.
Temando reserves the sole right to either change, modify, delete or add any Material on the Website or discontinue your access to the Website including any features on it at any time with or without notice to you. Temando is not liable to you or to any third party should it exercise such right. Modifications may include, but are not limited to, changes in the services and/or products listed and/or the prices of such services and/or products. Temando may, in its sole discretion, terminate or suspend your access to all or part of this Website for any reason. Any suspected abusive or illegal activity may result in termination of your access and the activity may be referred to appropriate law enforcement authorities.
Concerns regarding Conditions of Use
Should you object to the Conditions of Use or any subsequent modifications thereto or become dissatisfied with this Website, your only recourse (to the extent permitted by law) is to immediately terminate your use of this Website. If you have any issues and/or questions with these Conditions of Use or any rule, policy, guideline or practice which Temando uses to operate this Website, please contact us.
These conditions and all other specific and additional terms which govern your use or membership of and access to Temando will be governed by and construed in accordance with the laws of the state of Queensland, Australia.