Customer Terms and Conditions for Ofload Forwarding Services

Welcome to Ofload, which is operated by Digital Services Australia IV Pty Ltd (ACN 633 652 749) (Ofload, we, us or our).  

On this page you can find our Terms and Conditions (Terms) which govern your use of our website (www.ofload.com.au) (Site) and the services we provide via the Site, including our freight forwarding services, our services relating to the facilitation of transport, and any ancillary services for these purposes (our Services) of certain goods, packaging, pallets, containers (Goods).

These Terms shall apply between Ofload and the purchaser of our Services (customer).

We may, on notice to you, vary these Terms. Your continued use of our Services following any changes indicates your acceptance of the changes.
  1. Definitions
  1. 1 Terms have the meaning given to them throughout this agreement, and the following terms have the following meaning:
ACL or Australian Consumer Law means the provisions of Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied under Part XI or under a law of a State or Territory.

Australian Road Rules means the National Transport Commission’s Australian Road Rules

Austroad Registration and Licensing Task Force Requirements means any applicable requirements, codes or other standards or the Austroad Registration and Licensing Taskforce.

Carrier means the carrier engaged to undertake the Transport.

Chain of Responsibility Legislation means the Heavy Vehicle National Law (NSW) and other equivalent State-based legislations applicable to the operation of Heavy Vehicles.

Driver means the driver undertaking the Transport using the Vehicle driver undertaking the Transport.

Food Safety Requirements means the Food Standards Australia New Zealand Act (Cth) 1991; the Food Standards Australia and New Zealand (FSANZ); the Food Regulation 2015; and any other applicable laws, regulations, and/or codes (including State and Federal) that are applicable to the transport of foods and perishable goods, including any such laws, regulations and/or codes that govern the types of vehicles in which foods and perishable goods can be transported, temperature management obligations, and hygiene standards.

Force Majeure Event means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority, which:

Heavy Vehicles has the meaning given to that term in section 6 of the Heavy Vehicle National Law (NSW)

Laws means Mass Management Requirements, Load Restraint Requirements, Privacy Laws, Road Transport Legislation, Food Safety Requirements and all other applicable laws, regulations and/or codes.

Load Restraint Requirements means any applicable load restraint laws, regulations, standards, systems, requirements accreditations, and/or licences applicable to Heavy Vehicles and/or other vehicles under any applicable Laws.

Mass Management Requirements means any applicable mass management laws, regulations, standards, systems, requirements accreditations, and/or licences applicable to Heavy Vehicles and/or other vehicles under any applicable Laws.

National Heavy Vehicle Regulator or NVHR means the independent regulator for all Heavy Vehicles, established in 2013 as a statutory authority pursuant to the Chain of Responsibility Legislation.

Road Transport Legislation means together the Chain of Responsibility Legislation; the Australian Road Rules; the Austroad Registration and Licensing Task Force Requirements; the National Heavy Vehicle Regulator; and any other applicable laws, regulations, and/or codes (including State and Federal) that are applicable to road transport activities and the obligations of those involved in such activities, including drivers, carriers, loaders, transport operators, etc.

Privacy Laws
means the Privacy Act 1988 (Cth) or any other applicable laws relating to the collection of personal information (as that term is commonly defined) as may be applicable in the jurisdiction where such personal information is collected.

Transport means the actual carriage of the Goods between the pickup and delivery addresses.

1.2   In this Agreement, unless otherwise indicated by the context:

2. Formation

2.1   By registering a profile on the Site, and/or submitting an order, and clicking on the “I accept” box, the customer agrees to these Terms and a legally binding agreement is formed between the customer and Ofload.

2.2   The agreement consists of these Terms and each order the customer places (Agreement).

3. Territory restrictions

3.1   Ofload’s Services are available in Australia only.  

3.2   Services cannot be ordered, and Goods cannot be transported, internationally.

4. Customer and registration

4.1   The customer must register and set up a profile on the Site to place orders for our Services. Registration can take place during the order process or independently.

4.2   Registration for, and use of, our Services is only available to businesses. Consumers and individuals cannot register for and/or use our Services. Customers will be required to provide us with the following information in order to register and/or place an order:

4.3   Ofload will verify registrations and reserves the right to prohibit the creation of a user profile or delete it.

4.4   By placing registering and/or each time the customer places an order the customer warrants that:

4.5   The customer is responsible for maintaining the confidentiality of its profile password and registration and is fully responsible for all activities that occur under the customer’s profile. The customer agrees to immediately notify Ofload of any unauthorised use of the profile or any other breach of security.

5. Goods and Services

5.1   Ofload is not a common carrier and will accept no liability as such.

5.2   Services are provided by Ofload subject to these Terms.

5.3   The Goods are at the risk of the customer.

5.4   Ofload may agree or refuse to provide Services at its sole discretion.

5.5   The customer authorises Ofload to, in its sole discretion:

5.6   Ofload will not accept an order that includes prohibited and dangerous Goods.  Prohibited and dangerous Goods, include:

5.7   At any time, Ofload may, acting reasonably, deem that certain Goods are prohibited and dangerous Goods and Ofload may refuse to accept or provide Services in relation to such Goods.

6. Orders

6.1   The customer may place an order via the Site when logged into the customer’s profile.

6.2   Each order must include:

6.3   The order will be placed by the customer clicking “BOOK NOW”. Confirmation of the order will subsequently be sent to the customer by email.

6.4   Subject to clause 11.3(c), and in addition to any variation in fees as a result of a change to an order, for each change of an order, Ofload may, in its sole discretion, charge a fee of AUD $50.00 per change.

6.5   In accordance with clause 1, once the customer places an order an Agreement is formed between the customer and Ofload consisting of these Terms and your order.

6.6   Ofload is under no obligation to accept a customer’s order and may accept or reject any order in its sole discretion.

7. Customer obligations and instructions

7.1   The customer will ensure all information included in an order are up to date and accurate, and the customer will provide Ofload with all assistance, information and documentation necessary to enable Ofload to provide the Services.

7.2 Customer will:

7.3 Customer will not:

7.4   Any instructions given by the Customer, including in an order or otherwise, must be in English, in writing and be legible.

7.5   Ofload’s compliance with such instructions will be in its sole and reasonable discretion.

7.6   Where Ofload complies with such instructions, they will be applicable to the order to which they relate only and Ofload will not be obliged to follow such instructions when providing the customer Services in the future or under separate orders.

8. Packing, loading, stowing

8.1   The customer responsible for:

8.2   The customer warrants and represents that the Goods will be packed, loaded, stowed, fastened, unloaded, and otherwise dealt with by the customer in accordance with all applicable Laws , including:

9. Delivery and failed delivery

9.1   Ofload’s delivery obligations are satisfied when Ofload delivers the Goods to the delivery address in the order, and a person at that address provides a receipt or signs a delivery docket, or if authorised by the customer, the Goods are left at the delivery address without obtaining a receipt or signed delivery docket.

9.2   Subject to clauses 10.6, 17.1, and 17.4, if delivery fails and/or is delayed because:

the Carrier will notify Ofload and, in the event of failed delivery, at Ofload’s direction, the Carrier will attempt redelivery the next business day (or such other day as advised by Ofload), and/or to otherwise deal with the Goods, including storing, disposing of, or returning the Goods. The Customer will be liable for any additional costs incurred as a result of such failed or delayed delivery in this instance.

9.3   In the event that the Goods are visibly damaged during the Transport, the customer can submit a claim to the Carrier by sending the claim to Ofload. Information required for such claim includes but is not limited to:

Any claims under this clause must be made within 5 days of the date of delivery. Ofload will assess all claims and will determine the outcomes of a claim in its sole and reasonable discretion.

10. Fees, expenses and payment

10.1   All amounts due to Ofload in Australia are payable in Australian dollars.

10.2   Ofload’s fees are determined at its discretion, including by weight, measurement or value.

10.3   Ofload may re-weigh, re-measure or re-value the Goods at any time, and amend its fees at its reasonable discretion.

10.4   Fees payable by the customer will be determined each time the customer places an order.

10.5   If the Goods and/or the Services to be provided by Ofload accrue additional expenses which were not anticipated at the time the order was placed, Ofload may require the customer to reimburse it for such expenses, insofar as they were necessary and actually incurred. The Ofload must use reasonable endeavours obtain instructions from the customer before the expenditure has been incurred, unless this is not possible due to special circumstances.

10.6   If additional costs arise from failed delivery and/or erroneous information given by the customer (e.g. incorrect transport date, incorrect delivery address), the customer will be liable for, and will reimburse Ofload for, any such resulting additional costs.

10.7   Ofload will send the customer an invoice for the fees by email when the customer places an order.

10.8   Fees are payable by the customers as follows:

10.9   All amounts payable are exclusive of GST.  If GST is payable in relation to a Taxable Supply, the amount payable for that Taxable Supply is the amount for that Taxable Supply specified in this agreement plus GST.  GST and Taxable Supply have the meaning given to them A New Tax System (Goods and Services Tax) Act 1999.

10.10   If the customer wishes to raise a genuine dispute about an invoice (to avoid doubt, a dispute about an invoice relates to the amount payable only and excludes anything related to a claim submitted by a customer in accordance with clause 9.3), the customer must notify Ofload of the dispute before the Due Date and pay the undisputed portion by the Due Date.  

10.11   If any undisputed fees are not paid in full by the Due Date then, without limitation to its rights, Ofload may charge interest on the late payment at the rate of 2% per month (or the highest amount permitted by law). Any reasonable expense and/or costs or disbursements incurred by Ofload in recovering any outstanding monies including debt collection agency fees and legal costs shall be reimbursed by the customer.

10.12   The customer agrees that Ofload may receive and retain for its own account fees and commissions from third parties in relation to the Services and that Ofload is not required to disclose the receipt and retention of such amounts to the customer in any circumstances.

11. Cancellation

11.1   The customer may cancel an order in accordance with clause 11.4.

11.2   If the Ofload cannot secure transport for the Goods by the dispatch date (being the date scheduled for commencement of transport of the Goods), Ofload may also cancel an order, free of charge and without liability to you, up to 5 hours before the day of the order execution (being the date scheduled for Ofload to collect the Goods from the customer). Ofload will provide you with notice via email of such cancellation and you will not be obliged to pay any fees to Ofload.

11.3   Ofload is entitled to cancel orders, by notice via email to the customer at any time prior to the order execution if:

11.4   In the case of a cancellation by you in accordance with clause 11.1 and/or by us in accordance with clause 11.3, where the cancellation takes place:

11.5   Upon such cancellation, Ofload will invoice you for such amounts and they will be payable in accordance with clause 10.7.

12. Transport handling

12.1   The customer hands over the Goods intended for transport to Ofload or the third party commissioned by the latter to carry out the transport at the address and time specified in the forwarding order.

12.2   The customer informs Ofload about any indications of quality and characteristics of the Goods, including as required for compliance by all parties with any applicable Laws. These indications may include information on weight (mass), type, dimensions, quantity, extent and weight (mass) of individual goods, packaging and whether it is considered a dangerous good.

13. Force majeure

Neither Party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in performance of any of its obligations under this agreement due to a Force Majeure Event.Credit information

13.1   Ofload reserves the right to perform credit checks on the customer (and/or its individual employees and directors, where Ofload receives any necessary and appropriate consents to do so) to determine its credit worthiness, standing, history, capacity, and/or other necessary information.  

13.2   Without limiting Ofload’s general right to refuse a customer’s order, Ofload may refuse registration and/or an order from a customer due to the result of any credit check performed.

14. Privacy

Your use of our Services may involve the transmission to us of certain personal information (as that term is commonly defined under Privacy Laws). Our policies with respect to the collection and use of such personal information are governed according to our privacy policy (that you can find on the Site), which is incorporated into these Terms.

15. Intellectual property rights

15.1   The Site and all documentation and material provided by Ofload to you is owned and operated by Ofload, including all material appearing on the Site, Ofload’s logos, trade marks, images, photographs, materials and other content are and remain the exclusive property of Ofload.  

15.2   Nothing in this Agreement transfers ownership of, or grants you any rights in and to, any such materials and you may not use any such materials in any manner without our prior written consent.

16. Warranties

16.1   The customer represents and warrants that:

17. Liability

17.1   To the extent permitted by law, Ofload will not be liable to the customer or any other person for the loss or damage arising from or caused by:

17.2   To the extent permitted by law Ofload is not liable to the customer or any other person, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise for any economic loss, loss of revenue, loss of production, loss of profits, loss of income, loss of markets, loss of reputation, loss or impairment of goodwill, loss of business, loss of customers, loss of an opportunity or chance, loss of value, loss of use, loss of anticipated savings, increased costs of work or materials, or any consequential, indirect, incidental, punitive or special loss of any kind, or the cost of defending and settling any claim or any other form of indirect and/or consequential loss or damage arising from the provision of any of Ofload’s Services.

17.3   Subject to any express warranties in this Agreement but otherwise to the fullest extent permitted by law, Ofload expressly exclude all warranties, conditions and representations in whatever form, relating to the Services, including any warranties or representations relating to performance, quality or fitness for use.

17.4   If any supply by Ofload pursuant to this agreement comprises a supply to a ‘consumer’ as defined in the Australian Consumer Law, then nothing contained in this agreement restricts or modifies guarantee, right or remedy which pursuant to the ACL applies to this agreement or is conferred on you, provided that to the extent that the ACL permits the us to limit our liability for breach of guarantee imposed by the ACL, then to the extent permitted by the ACL, our liability for such breach is limited to:

17.5   To the extent permitted by law (including the ACL), you release Ofload from and indemnifies Ofload against any liability, action, proceeding, claim, demand or prosecution arising from or in connection with any loss, damage, injury, illness or death to any person or property (including without limitation the Goods), misdelivery (including delivery otherwise than to address in a customer’s order), delayed delivery, early delivery, failed delivery, or any other loss or damage of any kind.

18. Insurance

18.1   Ofload has in place public liability insurance, with coverage to a value determined reasonable by Ofload in its sole discretion.  Upon request, Ofload may provide a certificate of currency of such insurance to a customer but is not obliged to do so.

18.2   On request by the customer, Ofload at its complete discretion may arrange insurance in respect of the Goods.  Ofload will only arrange such insurance where it has received:

before the date of dispatch.

18.3   Any insurance will be at the sole expense of the customer and may vary depending the customer’s order (eg the value and weight of the Goods and the distance they are being transported) and Ofload may charge the customer a fee for arranging such insurance.

18.4   Any insurance arranged by the Company is subject to the exceptions and conditions of the insurer or underwriter taking the risk.

18.5   When arranging insurance in respect of the Goods, the Company has the discretion to name the customer as the insured.

18.6   If a dispute arises relating to liability under an insurance policy arranged by Ofload, the customer’s sole recourse will be against the insurer or underwriter.

18.7   Unless otherwise arranged in accordance with this clause, Ofload will not be liable for any insurance arranged in relation to the Goods.

19. Dispute resolution

19.1   Any party who claims to have a dispute against another party must issue a notice claiming a dispute has arisen, setting out the nature of the dispute and all other information relevant to the dispute (Dispute Notice).

19.2   Within 7 days after receiving the Dispute Notice, the parties must meet to resolve the dispute.  Each party will be represented by a person having authority to agree to such resolution or methods.  All aspects of the meetings will be confidential and without prejudice to the parties’ rights, obligations and liabilities.

19.3   If the parties do not resolve the dispute within 30 days (or such longer period the parties may agree in writing) after the Dispute Notice, then either party may initiate court proceedings in relation to the dispute.

19.4   Despite the existence of a dispute, each party must continue to perform its obligations under the agreement unless those obligations are the subject of the dispute.

20. General

20.1   Nothing in this agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.  Except as otherwise provided in this agreement, the parties acknowledge and agree that neither party will have any authority to bind the other party or to enter into an agreement in the name of the other party.  

20.2   This agreement contains the entire understanding between the parties concerning the subject matter of the agreement and supersedes all prior communications.

20.3   The failure of either party to enforce any provisions under this agreement will not waive the right of such party thereafter to enforce any such provisions.  

20.4   If any term or provision of this agreement is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from this agreement and the remaining terms and conditions will be unaffected.

20.5   This agreement is governed by, and construed in accordance with, the laws of New South Wales, Australia.  The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

20.6   The customer may not assign, transfer or otherwise deal with this agreement or any right under this agreement without the prior written consent of the other party, which must not be unreasonably withheld.  

20.7   Any warranty, indemnity, or obligation of confidentiality in this agreement will survive termination.  Any other term which by its nature is intended to survive termination of this agreement survives termination of this agreement.

21. Contact

Ofload’s customer service is available to the customer for any questions that may arise: Contact by email at hello@ofload.com