Usher Cargo Pty Ltd

Terms & Conditions


This document sets out the terms and conditions (“Terms”) by which we, Usher Cargo Pty Ltd (ACN 156 230 607) (“we”, “us”, “Usher”), provide our products and services through our website (www.usherapp.com) and any Usher mobile application through which you access the Usher website, products, or services (together, “Website”).  Please read these Terms carefully before ordering anything through the Website, as your use of the Website and purchase of any service or product through the Website is subject to these Terms.

 

By ordering products via the Website (whether now or in the future), or continuing to use the Website, you agree to be bound by these Terms.  If you do not agree to these Terms you must immediately stop using the Website and not place any order through the Website.

 

We reserve the right to change these Terms from time to time by changing this document. Amendments will be effective upon posting of updated Terms at this location.  Your continued access or use of the Website, products or services after such posting means you agree to be bound by the Terms, as amended.  If you wish, you can print a copy of these Terms for future reference.  These Terms are only in the English language.

 

Our collection and use of personal information submitted through the Website is treated according to our Privacy Policy.

 

For clarity and the avoidance of doubt, any references to “Website” in these Terms include any current or future version of our website www.usherapp.com and any Usher mobile application through which you access our website, products or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related means for accessing our website or services that may be developed from time to time).

 

Introduction and our Role

Usher provides services (“Services”) by way of a technology platform that enables users of the Website to schedule, arrange, and place orders for logistics products and services with independent third party providers of such services, including independent third party logistics providers under agreement with Usher or Usher’s affiliates (together, “Third Party Providers”).  You acknowledge that Usher do not provide logistics services or function as a logistics carrier and that all such logistics services are provided by independent third party contractors who are not employed by Usher or any of its affiliates.

 

You must fully and accurately describe the products and materials that are to be the subject of the Services (“Goods”).  If the Goods are in a prohibited category, are illegal, are dangerous, or not as described then Usher or the Third Party Provider can refuse to provide the Services with no liability to you.

 

Prohibited Categories of goods are: Explosives, Guns, Drugs, Humans, and all goods covered by the Australian Dangerous Goods Code Classes 1, 3, 4, 5, 6, 7, 8, 9.  Australian Dangerous Goods Code Class 2 substances are permitted in limited circumstances.

 

You warrant that you are the owner of the Goods and release and indemnify Usher and the Third Party Providers from any liability for dealing with the Goods in accordance with your instructions.

Usher may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

How to Use Usher

Set your date, pick up and drop off addresses.  Tell us what you want to move and provide a photo.  Let us know any additional details you think would be useful or helpful.  Ushers will then show as available, with an estimated price, and you can make your selection.  While we have a strong network of Third Party Providers, we cannot guarantee there will always be an usher available or that they will accept your job.  We will then provide an ETA and you can track the Third Party Provider with GPS as they provide the Services.  Vehicles and Third Party Providers are checked upfront and have to pass certain compliance requirements. ONce the job is complete you will receive a final notification and an electronic receipt.

 

While Third Party Providers are checked before being able to provide services to customers, and they have to comply with Usher guidelines and policies in the provision of logistics services, you acknowledge and agree that you are solely responsible for ensuring that the Goods are packaged appropriately to avoid any damage that could be caused in the provision of the Services.

 

Insurance

Usher provides up to $500 of cargo insurance coverage per delivery, for your peace of mind.  Should you need to utilise this, please contact us at claims@usherapp.com.  If you require more cargo insurance than this, at the time of ordering the Services, Usher may offer you additional insurance against damage to the Goods during the Services.  Should you take up this offer, you will need to accurately describe the value of such Goods in order to have the proper level of cover.  There will be an additional cost for this product.  It is voluntary whether you choose to insure the Goods or not.  However, if you choose not to insure the Goods being transported through the Services, then subject to applicable law and our, or the Third Party Provider’s negligence, you acknowledge and agree that Usher and the Third Party Service Provider are not responsible or liable to you for any damage that is caused during transit over and above the standard level of cover provided.

 

Licence

Providing you comply with these Terms, Usher grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferable licence to access and use the Website solely in connection with your use of the Services, and to access and use any content, information and related materials that may be made available through the Website or Services.  Any rights not expressly granted in these Terms are reserved.

 

Restrictions on Licence

You must not misuse the Website, including by enabling the hacking, scraping, indexing, surveying or otherwise data mining of the Website and the Services, or by hindering or unduly burdening the operation and/or functionality of the Website and the Services.  Unless otherwise stated, the copyright and other intellectual property rights in the Website and in materials and content published on the Website are owned by us or our licensors.  You may not reverse engineer, disassemble, the Website or Services except as may be permitted by applicable law. You may not reproduce, sell, licence or otherwise exploit the Website and Services.

 

Third party Services and Content

The Website and Services may be made available, or accessed in connection, with third party services and content (including advertising) that Usher does not control.  Usher cannot take responsibility for the terms of use, privacy policies and content of these third party service or content providers, who are in no way endorsed by Usher, should you choose to use them.   In addition, Usher shall not be responsible or liable for any products or services of the third party providers.

 

Use of the Website and Services

You may access some areas of the Website without placing an order, or registering your details with us.

 

However, in order to use the Services, you will need to create an account, and provide us with personal information such as your name, email address, mobile telephone number, credit or debit card information and address.  You must ensure that this information is accurate and current.  We will treat all personal information in accordance with our Privacy Policy.  If you register an account with us, you will define a username (your email address) and you will create a password.  You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under your username.  Your failure to maintain accurate, complete, and up to date account information, including having an invalid or expired payment method on file, may result in you being unable to use the Services, or Usher’s termination of these terms with you.

 

You must be at least 18 years of age to register for an account and use the Services.  You must not authorise third parties to use your account, or assign or otherwise transfer your account to any other person or entity.  You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.  Under certain circumstances you may be asked to provide proof of identity, and you agree that you may be denied access to or use of, or completion of the Services if you refuse to provide proof of identity.

 

Electronic Communication

By registering for an account, or using the services, you agree that the Website and Services may send you informational electronic messages (via in app notifications, email, SMS or any other known now or future derived electronic communication methods) as part of the normal business operation of your use of the Services.  You may opt out of these communications, but you acknowledge that opting out may impact your ability to use the Services.

 

In addition, applicable laws require that some of the information or communications we send you should be in writing.  You acknowledge and agree that communication with us will be mainly electronic and that such communications as we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Promotional Codes

From time to time, Usher may, in Usher’s sole discretion, create promotional codes which may be redeemed for discounts, or other features or benefits related to the Services and/or a Third Party Provider’s services.  Any such promotional codes may be subject to additional terms and conditions that Usher publishes in conjunction with the promotional code.  As a minimum, you agree that promotional codes are subject to (a) any additional terms and conditions; (b) may not be published, sold or transferred in any manner (including for example on internet message boards, public forums, or “bargain” and “deal” websites); (c) must be used for the intended audience, purpose and in a lawful manner; (d) are not valid for cash and may be disabled by Usher at any time for any reason; and (e) may expire prior to your use.  Usher reserves the right to reverse the benefit obtained by the use of a promotional code if Usher determines or believes that the use of the promotional code was fraudulent, in error or in violation of the additional terms and conditions or these Terms.

 

User Provided Content

Part of the Website includes a facility for users of the Services to enter competitions, provide feedback and review and rate your experience with Usher and the Third Party Providers.  Usher may, in its sole discretion, allow you to submit, upload, publish or otherwise provide to Usher information through this facility (“User Content”).  Any User Content provided by you will remain your property.  However, by providing User Content to Usher, you provide Usher a worldwide, perpetual, irrevocable, transferable, royalty free licence, with the right to sub-licence, to use, copy, modify, create derivative works from, distribute, publicly display, and otherwise exploit or use in any manner such User Content in all formats and distribution channels known now or hereafter developed without further notice or consent from you, and without the requirement for payment to you or any other person or entity.

 

You represent and warrant that you are the sole and exclusive owner, or otherwise have all the necessary rights to grant Usher a licence to use the User Content in the manner set forth above.  Further, you represent and warrant that Usher’s use of the User Content as described above will not infringe or violate a third party’s intellectual property or proprietary rights, or result in any violation of any applicable law.

 

You agree not to provide User Content that is unlawful, obscene, violent, hateful, defamatory, libellous, pornographic or otherwise offensive, as determined by Usher in its sole discretion.  Usher may, but is not obligated to, review, monitor or remove User Content, at Usher’s sole discretion at any time, and for any reason whatsoever, without notice or compensation to you.

 

Website and Services Access

While we endeavour to make the Website available twenty-four hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.  The Website and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

You are responsible for obtaining, and the costs of obtaining, the data network access necessary to use the Website and Services.  Be aware that any mobile data accessed through your device may result in charges or fees through your mobile network provider.

 

Usher do not guarantee that the Website or the Services will function on any particular hardware or devices.

 

Access to the Website and Services may be suspended temporarily at any time and without notice.

 

The transmission of information via the internet is not completely secure.  Although we take the steps required by law and by our own security protocols to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

 

Payment

You understand and agree that use of the Services may result in a fee to you for the products and services provided by us, or a Third Party Provider (“Fees”).  After you have received products and/or services obtained through the Service, Usher will facilitate your payment of the applicable Fees on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent.  Payment of the Fees in such manner, shall be considered the same as payment made directly by you to the Third Party Service Provider.  Fees will be inclusive of applicable taxes where required by law.  Subject to applicable law, Fees paid by you are final and non-refundable, unless otherwise determined by Usher.

 

All Fees are due and immediately payable and payment will be facilitated by Usher using the payment method designated in your account, after which Usher will send you a receipt via electronic communication.

 

Usher will use reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for Fees incurred under your account regardless of your awareness of such Fees or the amounts thereof.  You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s being en route to the pickup location, in which case you may be charged a cancellation fee up to the full Fees amount, at Usher’s discretion.  Usher is also entitled to review the Fees estimated under these Terms if the Goods are not as described.

 

The payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.  By default, Usher does not designate any portion of your payment as a tip or gratuity to the Third Party Provider.  However, the Usher app does allow you to tip the Third Party Provider through the in app tipping facility.  You understand and agree that while Usher provides this tipping facility, which you are free to use to provide additional payment as a gratuity to the Third Party Provider, you are under no obligation to do so.  Tips are voluntary, and after you have received the Services you will have the opportunity to rate your experience and provide further feedback about your Third Party Provider.

 

Subject to applicable law if it is determined by Usher, at its sole discretion, you are entitled to a refund under these Terms, then Usher will process such refund through your bank or card issuer.  However, this may take between 3 and 5 working days (or longer, depending upon your bank or card issuer).  You acknowledge and agree that Usher is not responsible or liable to you in relation to this delay by your bank or card issuer in returning the funds back into your account.

 

Liability, Indemnity and Disclaimer

Liability: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including Australian Consumer Law.  Nothing in these Terms affects your statutory rights, including your rights relating to the consumer guarantees applicable to the supply of services under these Terms.

 

Subject to these Terms and your statutory rights under applicable law, Usher will in no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Website or Services (including the use, inability to use, reliance on, or the results of use of the Service or Website) for (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of anticipated savings; (d) or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions; (e) any indirect, incidental, special, exemplary, punitive or consequential damages or loss; even if Usher has been advised of the possibility of such damages or loss.  Usher shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall Usher’s liability to you in connection with the Services for all damages and losses exceed the value of the Fees, or $200 whichever is lower.

 

Indemnity: You agree to indemnify and hold Usher and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, arising out of or in connection with: (a) your use of the Website or Services or services or goods obtained through your use of the Services; (b) your breach or violation of any of these Terms, or the terms and policies it incorporates by reference; (c) Usher’s use of your User Content; (d) your violation of the rights of any third party, including Third Party Providers; (e) your violation of any law.

 

Disclaimer: The Services are provided “as is” and “as available”.  Subject to applicable law, Usher disclaims all representations and warranties, statutory, express or implied not expressly set out in these Terms, including the implied warranties of merchantability, and fitness for a particular purpose.  In addition, Usher makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any products or services requested through the use of the Services, or that the Services will be uninterrupted, or error free.  Despite the compliance checks in place, Usher do not guarantee the quality, suitability, safety, or ability of Third Party Providers.  You acknowledge and agree that the entire risk arising out of use of the Website and Services, and anything in connection with such use, remains solely with you.

 

Governing Law

These Terms shall be governed by and construed in accordance with the law of New South Wales, Australia.  Disputes or claims arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

Additional terms

These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.

 

If any of these Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, provision or condition will to that extent be severed from the remaining terms, provisions or conditions which will continue to be valid to the fullest extent permitted by law.

 

Any failure or delay by you or us in enforcing (in whole or in part) any term, provision or condition of these Terms will not be interpreted as a waiver of your or our rights or remedies.