1.1.These Terms & Conditions (“Terms”) govern your use of the NextLoad Australia platform (“Platform”) provided by NextLoad Australia Pty Ltd (“NextLoad Australia”, “we”, “us”, or “our”).
1.2.You (“User”, “Shipper” and/or “Carrier”, as applicable) acknowledge that NextLoad Australia:
1.2.1.operates a digital platform as intermediary only to connect Carriers and Shippers for the purpose of transport only;
1.2.2.is not a freight broker or transport operator;
1.2.3.is not responsible for the provision of any other services, including transport services or the handling of goods to be transported with such contractual relationship being directly between the Shipper and the Carrier.
1.3.By engaging the Services of NextLoad Australia and/or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
2.1.For the purpose of these Terms:
2.1.1.“Carrier” means a customer of NextLoad Australia using the Platform and providing transportation and/or courier services to Shippers;
2.1.2.“Fees” means NextLoad Australia’s fees, rates and other charges as advised by us to you inclusive of GST, including as published on the Platform and varied from time to time;
2.1.3.“Force Majeure” means any event, cause or occurrence as a direct or indirect result of which the party relying on the event, cause or occurrence is prevented from or delayed in performing any of its obligations (including a payment obligation) under these Terms and Conditions and that is beyond the reasonable control of that party, including:
2.1.3.1.Infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter;
2.1.3.2.act of God, lightning, storm, flood, fire, earthquake, explosion, cyclone, tidal wave, landslide or adverse weather conditions;
2.1.3.3.strike, lock-out or other labour difficulty;
2.1.3.4.act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion or epidemic; and
2.1.3.5.embargo, inability to obtain necessary materials, equipment, facilities or qualified employees, power or water shortage or lack of transportation;
2.1.4.“GST” has the same meaning as given to it in the A New Tax System (Goods and Services Tax) Act 1999;
2.1.5.“Shipper” means a person who is shipping an item via the Platform and engaging the services of a Carrier;
2.1.6.“User” means any user of the Platform, including Carriers and Shippers.
2.2.In these Terms, unless otherwise indicated by the context:
2.2.1.the singular includes the plural and vice versa;
2.2.2.a reference to one gender includes a reference to all other genders;
2.2.3.headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate;
2.2.4.references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any Orders, regulations, instruments or other subordinate legislation made under the relevant statute;
2.2.5.the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not;
2.2.6.the Terms will bind each party’s legal personal representatives, successors and assigns; and
2.2.7.where a party comprises two (2) or more persons the rights and obligations of such persons pursuant to the Agreement will ensue for the benefit of and bind each of them jointly and severally.
3.1.1.You warrant that you are over the age of 18 and legally able to enter into contracts in Australia.
3.1.2.If you're using the Platform on behalf of a company or another person, you warrant to us that you have authority to do so.
3.2.1.Each User must register for an account with NextLoad Australia and provide any details reasonably requested.
3.2.2.Each user must thereafter maintain accurate, up-to-date information on the Platform, including contact and payment details.
3.2.3.Each User is responsible for maintaining the confidentiality of their account login.
4.1.NextLoad Australia is responsible for providing the following services:
4.1.1.Maintaining the Platform to connect Carriers and Shippers; and
4.1.2.Handling User information in accordance with the Privacy Policy, a copy of which can be found here.
(“Services”).
4.2.NextLoad Australia is not responsible for:
4.2.1.the handling or transport of goods;
4.2.2.collecting or enforcing any payment owed by the Shipper to the Carrier; or
4.2.3.resolving any dispute between Users, other than as set out in these Terms.
The Shipper must:
5.1.Provide accurate freight details to Carriers, (including by way of the Platform) as to weight, size and fragility of the items sought to be transported;
5.2.only seek to transport and engage transport for goods that are lawful to transport, safe, non-hazardous to transport (save and except as declared and thereafter legal to do so); and
5.3.ensure all shipments comply with relevant safety, legal, and transport requirements under any relevant State or Territory Law in Australia.
The Carrier must:
6.1.ensure compliance with relevant safety, legal, and transport requirements under any relevant State or Territory Law in Australia, including but not limited to driver safety, fatigue management, and delivery of freight;
6.2.ensure the suitability of any vehicle and other equipment used in the transport of items;
6.3.ensure that the Carrier has sufficient insurance having regard to the nature of the work carried out and the items to be transported;
6.4.hold all necessary licenses and accreditations to operate legally in Australia;
6.5.comply with all Chain of Responsibility (CoR) obligations under Australian law, including any other obligation pursuant to the Heavy Vehicle National Law (HVNL), if applicable; and
6.6.Pay the Fees to NextLoad Australia promptly and without offset.
7.1.All Users must follow relevant Australian road safety laws, fatigue regulations, and Heavy Vehicle National Law (HVNL).
7.2.Users must not:
7.2.1.use the Platform for illegal or deceptive purposes;
7.2.2.post false, misleading, or incomplete freight/job information on the Platform;
7.2.3.post unlawful or hazardous freight listings on the Platform;
7.2.4.provide fraudulent identity or documentation to NextLoad Australia or another User;
7.2.5.interfere with Platform operations or security; and
7.2.6.act in any way that would cause harm to the brand of NextLoad Australia.
8.1.Users must communicate promptly in the event of delays or cancellations.
8.2.NextLoad Australia may, without any obligation and in its sole discretion, assist in resolving disputes between Users but is not liable for losses, damages, or non-performance by either party.
8.3.Users must attempt to resolve any dispute or claim arising out of or under these Terms by negotiation in good faith before either party commences any litigation in relation to the dispute or claim.
9.1.All representations, warranties, guarantees and conditions in relation to the Services (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
9.2.Each of the parties acknowledges that, by accepting these Terms, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms, and any conditions, warranties or other terms implied by statute or common law are excluded from these Terms to the fullest extent permitted by law.
9.3.The User warrants they have made their own enquiries as to the suitability of the Platform and Services provided by NextLoad Australia and have not relied on any representation/s made by NextLoad Australia in relation to their suitability for any particular purpose.
9.4.The User accepts the Platform as is and as available. NextLoad makes no representations or warranties regarding the Platform’s accuracy, reliability, merchantability, or fitness for purpose.
9.5.The User accepts NextLoad does not, and cannot, guarantee the suitability, capability, availability, licensing, insurance of any other User.
9.6.The Shipper warrants that it has made its own enquiries in relation to the Carrier, and the Carrier warrants that it has made its own enquiries in relation to the Shipper, neither has relied on any representation made by NextLoad Australia in relation to the suitability for any particular purpose.
9.7.Nothing in these Terms constitutes or will be deemed to constitute a partnership between the parties or the appointment of one party as the agent of the other, or the employment of one party by the other, for any purpose. Other than as expressly provided by these Terms, no party has the authority or power to bind the other or to contract in the name of, and create a liability against, the other in any way or for any purpose.
9.8.The User acknowledges that NextLoad Australia is not responsible and has no obligation to enforce the payment of any fees or charges owing between the Carrier and the Shipper.
10.1.NextLoad Australia shall not be liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Services.
10.2.NextLoad Australia’s liability to any User for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with the Services shall be limited to the lesser of the costs of:
10.2.1.supplying the Services again; or
10.2.2.The cost of the Services to the User, and in the case of monthly membership Fees, an amount not greater that one (1) month’s membership Fees.
10.3.The User shall indemnify and agree to keep NextLoad Australia indemnified against all claims, suits, actions or demands brought against NextLoad Australia arising out of the User’s actions and without limiting the foregoing, arising out of any act of or omission by the User, except to the extent caused or contributed to by NextLoad Australia.
10.4.Clause 9 and 10 survive termination or expiry of the Terms.
11.1.NextLoad Australia may amend these Terms from time to time.
11.2.NextLoad Australia shall use reasonable efforts to notify Users of any changes to the Terms, including by way of notification on the Platform.
11.3.Users are deemed to have accepted any changes to the Terms by continued use of the Platform.
12.1.NextLoad Australia may suspend or terminate a User’s account or the provision of Services at any time and for any reason, including but limited to reasons related to a breach of these Terms or misuse of the Platform.
12.2.Termination of these Terms by NextLoad Australia is without prejudice to any accrued rights or remedies of NextLoad Australia.
13.1.If NextLoad Australia becomes unable by Force Majeure to carry out an obligation under these Terms the obligation is suspended for the term of the Force Majeure and for a period following which, in the sole discretion of NextLoad Australia acting reasonably, is reasonably necessary to be able to comply with their obligations.
13.2.If a delay or failure of NextLoad Australia to perform its obligations due to Force Majeure exceeds two months, NextLoad Australia may immediately terminate the Services by publishing written notice, including on the Platform.
NextLoad Australia may subcontract the whole or any part of the Services to any person but remains responsible for all of the Services.
These Terms constitute the sole and entire agreement between the parties with regard to its subject matter. A warranty, representation, guarantee or other term or condition of any nature not contained or recorded in these Terms is of no force or effect.
Any provision, or the application of any provision, which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
17.1.These Terms are governed by the laws of New South Wales, Australia.
17.2.Each User irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
Email: support@nextloadaus.com.au
Phone: 0499 604 509
Address: PO BOX 32 Tea Gardens NSW 2324