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Terms and Conditions

Conditions of Use & Returns Freight Fees Policy

SmartFreight® means any company within the SmartFreight® Group, including but not limited to:

  • IFS Global Holdings
  • IFS Investments
  • IFS Global
  • IFS NZ
  • IFS Europe
  • IFS Sth Africa
  • Interactive Freight Systems

Conditions of Use

SmartFreight® Products The terms following relate to the use of any SmartFreight® product, including but not limited to:

  • IFS SmartFreight® Enterprise
  • IFS SmartFreight® Professional
  • IFS SmartFreight® Express
  • IFS SmartFreight® Online
  • IFS SmartFreight® Cloud
  • IFS SmartFreight® Tracker
  • IFS SmartFreight® Tracker4Transport

SmartFreight®Conditions of Use:This document discloses the conditions of use ("Conditions of Use") applicable to your use of, including your acquisition of products or services through this website.

This website is owned and operated by the SmartFreight® Group, its ultimate Holding Company, IFS Holdings Pty Ltd (ABN 159 679 311) and operate by its various subsidiaries and Authorised Distributors.

SmartFreight® 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 3rd November 2012.

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on SmartFreight® products, form the conditions of supply of material on, use of and access to, SmartFreight®. Your continued use of SmartFreight® 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 SmartFreight®.

SmartFreight®

These SmartFreight® Conditions of Use govern your use of all sites that form part of the network of SmartFreight®. The additional conditions for these sites are set out separately below. From time to time, may run competitions, prize draws and promotions on SmartFreight® websites. 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 SmartFreight® (including disclaimers) may only be amended in writing signed by an authorized officer of  and may amend them from time to time.

Stationery Required for SmartFreight®

You are obliged to use supplied stationery for all freight shipments created by the use of SmartFreight® unless specific arrangements with SmartFreight® to the contrary have been made. Should you attempt to use non-SmartFreight® supplied stationery you will be in breach of your terms of use & as such SmartFreight® reserve the right to prohibit any further use by you of SmartFreight®.

Freight Pricing

If you opt to utilise the functionality of freight shipment pricing via SmartFreight® you are solely responsible for informing SmartFreight® or its local representatives of any changes that may occur to these freight rates and accept any applicable charges levied by SmartFreight® to update such. Neither SmartFreight® nor its related bodies will in any way be liable for the on-going accuracy of freight pricing held within SmartFreight®.

Freight Pickup Bookings

Whilst SmartFreight® can book freight consignments to be automatically picked up by various transport companies as & when consignments raised via SmartFreight® it should not be assumed that all transport companies are able to receive such bookings or that SmartFreight® has a process in place to undertake any such booking with a specific transport company. You should check with SmartFreight® or its local representatives if this functionality exists with any specific transport company.

Your Conduct

As a condition of your use of  SmartFreight® or any services of  SmartFreight®, you warrant to SmartFreight® that you will not use SmartFreight® for any purpose that is unlawful or prohibited by these terms and conditions or any other terms, conditions or notices appearing anywhere on SmartFreight®. You agree to abide by all applicable laws and regulations. In particular, you agree not to:

  • use SmartFreight® 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 SmartFreight®;
  • impersonate any person or entity;
  • upload, post, e-mail, transmit or otherwise make available using SmartFreight® 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.

SmartFreight® has no obligation to monitor any user's use of SmartFreight®, however SmartFreight® 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 SmartFreight® if SmartFreight® 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  SmartFreight®.

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 SmartFreight® ("Conditions of Use").

Copyright

Unless expressly indicated to the contrary, SmartFreight® 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.

Reproduction

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 SmartFreight® and SmartFreight® as the copyright owner or licensee of the work.

Framing

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 SmartFreight® endorses or otherwise approves of the content on or operation of your website.

Trademarks

The  SmartFreight® logo is a registered trademark of Interactive Freight Systems Pty Ltd. Other trademarks may be displayed on SmartFreight® from time to time. These may belong to third parties. The SmartFreight® 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 SmartFreight® Trade Mark. Nothing displayed on SmartFreight® 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.

Tax

Unless stated to be otherwise, charges referred to for use of any services provided by SmartFreight® via  SmartFreight® are exclusive of local Goods & Services taxes, "Tax". Where Tax applies, upon payment for online credit by a  SmartFreight® client, SmartFreight® will display separately the relevant Tax due and will deduct the Tax it incurs from each payment and pay any such taxes to the relevant government body.

Third Party Links and Advertising

Hyperlinks and pointers to websites operated by third parties will appear on SmartFreight® from time to time. These websites do not form part of SmartFreight® and are not under the control of SmartFreight® or its related bodies corporate and neither SmartFreight® 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 SmartFreight® and do so entirely at your own risk.

SmartFreight® 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 SmartFreight® 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 SmartFreight®, including via e-mail, SmartFreight® 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.

Disclaimer

You agree that your use of this Website (including downloading Material) is at your sole risk. SmartFreight® do not make any representations that access to this Website will be uninterrupted, timely or secure. To the extent permitted by law, in no event shall SmartFreight® be liable for any damages of any kind related to the completeness, timeliness, suitability or accuracy of any Material.

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 WarrantiesAll material on SmartFreight® 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 SmartFreight® is at your sole risk. Access to SmartFreight® is provided on an 'as available' basis. Neither SmartFreight®, its related bodies corporate nor its directors or employees make any representation or warranty that (i) any material on  SmartFreight® 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 SmartFreight® will be uninterrupted, timely or secure. SmartFreight® will not be liable for loss resulting from any action or decision by you in reliance on the information on SmartFreight®, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Online Security

At SmartFreight® 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.

  • SmartFreight® 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 an SmartFreight® 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.

Limitation of Liability

SmartFreight® and its related bodies corporate do not exclude any rights and remedies available to you under your countries trade practices legislation that cannot be excluded, restricted or modified. Otherwise SmartFreight® 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 SmartFreight® 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 SmartFreight® or otherwise.

The liability of SmartFreight® for a breach of a condition or warranty implied by law and which cannot be excluded, is limited, to the extent possible, at SmartFreight®' 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 SmartFreight® 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 SmartFreight® or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access SmartFreight® or any material on SmartFreight®; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on SmartFreight®. Excluding liability for negligence the maximum liability of SmartFreight® and its related bodies corporate is equivalent to the total of any amounts you have paid to SmartFreight® and its related bodies corporate in respect of goods or services supplied to you by SmartFreight® or its related bodies corporate through SmartFreight®.

Virus Warning

SmartFreight® 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. SmartFreight® however will use its reasonable endeavours to ensure this does not occur. 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.

Indemnity

You agree to defend, indemnify and hold SmartFreight®, 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.

Revision

SmartFreight® 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. SmartFreight® 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. SmartFreight® 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 SmartFreight® uses to operate this Website, please contact us.

Applicable Law

These conditions and all other specific and additional terms which govern your use or membership of and access to SmartFreight® will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

Returns Policy

Any goods ordered through this website that are defective or damaged in any way can be returned with 14 (fourteen) days. In order to qualify for a full refund, 90% or greater of goods must be returned in the original packaging to the local SmartFreight® office in your area.

Freight Charges

SmartFreight® reserve the right to charge freight on all goods ordered through this website. Any such applicable fees will be clearly displayed on the Payment Gateway Page of this website prior to final payment being made.

Bank / Merchant Services Fees

SmartFreight® reserve the right to pass on Bank / Credit Card / Merchant Services Fees incurred processing payments made through this website. Any such applicable fees will be clearly displayed on the Payment Gateway Page of this website prior to final payment being made.

Posted on: 12/04/2019