These Terms of Service (“Terms”) and the policies incorporated herein by reference are entered into by Web Publications Pty Ltd trading as ReadyToShip (“ReadyToShip”) of PO Box 5067, Wonga Park 3115, and you (“Customer”) by your electronic acceptance. These “Terms” govern the use of the ReadyToShip Service (“the Service”) and are collectively referred to as the “Agreement”. “ReadyToShip” and “Customer” hereby agree and acknowledge:

  1. The Service. The ReadyToShip Service is provided as a tool to assist the “Customer” in the fulfilment of sales orders generated predominantly on the Internet by enabling the transmission of data between sales channels and freight carriers. “Customer” is solely responsible for the quality and accuracy of all data provided to “the Service” and the verification of data forwarded to freight carriers and sales channel providers.
  2. Policies. Use of “the Service” is subject to all applicable “ReadyToShip” policies, including without limitation the ReadyToShip Privacy Policy and the ReadyToShip Confidentiality Policy. “ReadyToShip” will notify “Customer” of any changes to any applicable policies and any additional policies from which time “Customer” will have 30 days to comply with such changes or additions.
  3. Changes to Terms of Service. Customers will be notified of any changes to the “Terms” from time to time and will have 30 days to comply with any changes to the “Terms”. The current “Terms” as they apply to the use of “the Service” can be viewed at https://www.readytoship.com.au/terms-of-service.
  4. Grant of Licence. Subject to the terms of this “Agreement”, “ReadyToShip” grants “Customer” a non-exclusive, non-transferable licence to use “the Service”. “Customer” does not have the right to sub-licence, on-sell or otherwise distribute “the Service” to any third party without “ReadyToShip’s” prior written consent. “ReadyToShip” retains all Intellectual Property Rights in “the Service”, subject to the rights granted by it to “Customer” in this Agreement.
  5. Prohibited Use. “Customer” shall not use “the Service” for any activities that breach local, national or international laws, including without limitation the distribution of prohibited items. “Customer” may not copy, reproduce, distribute or create derivative works of “the Service” or reverse engineer, decompile, disassemble, alter or modify any components of “the Service” without the express written permission of “ReadyToShip”.
  6. Cancellation. “Customer” may cancel their use of “the Service” at any time by sending a cancellation request to “ReadyToShip” in writing or by electronic mail. On receipt of the cancellation request “ReadyToShip” will acknowledge receipt of the request and confirm the cancellation when it is complete. Until confirmation of the cancellation is received “ReadyToShip” may continue to transmit and receive data between sales channels and freight carriers. Upon cancellation all fees and charges due or accrued become immediately payable in full by “Customer”.
  7. Indemnities. “Customer” indemnifies “ReadyToShip”, its officers, employees, agents and representatives against all proceedings, claims, demands, damages and costs (including reasonable legal fees and expenses charged on a solicitor-client basis) arising from any breach of this agreement or breach of the warranties or misuse of the service by “Customer” or its officers, agents, employees.
  8. Warranties. “Customer” warrants that:
    1. it has authority to enter into this “Agreement”;
    2. the person accepting these “Terms” is authorised to enter into and execute this “Agreement” on its behalf;
    3. it will comply with all applicable Law;
    4. it holds all necessary licences required to conduct its business and the business contemplated by this Agreement; and that
    5. this Agreement does not conflict with or breach any existing agreement or arrangement with any other entity or person.
  9. Fees. “Customer” will pay any fees that become due and payable through the use of “the Service” by their due date (For clarity, the due date of payment is equal to the invoice date.). Failure to pay any fees by the due date may result in restrictions being applied to “the Service”. This may include preventing access to the service and/or a limitation of the functionality available to “Customer”.
  10. Exclusions. “ReadyToShip” excludes all warranties, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or merchantability or fitness for a particular purpose.
  11. Notifications. Notifications may be sent to “Customer” by electronic mail to the email address, or by surface mail to the postal address, provided by the customer to “ReadyToShip” during the registration process or as updated by “Customer” from time to time.
  12. Law & Jurisdiction. This “Agreement” is governed by the laws applicable in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.