2. Requirements of Use
- You must be at least eighteen (18) years of age to use our Services; and by doing so you warrant and represent to us that you are at least eighteen (18) years old.
- To access our services, you may wish to open an account with us. You are responsible for maintaining confidentiality of your account, username and password information. Beebird Logisticsis not responsible for any unauthorised transactions made through your account.
- If you are accessing and using an account on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.
- By opening a Beebird Logisticsaccount you represent and warrant that the information provided is true and correct. You agree to indemnify Beebird Logistics for any loss, damage or claim that is made against or suffered by Beebird Logistics arising from a breach of this term.
- You warrant that you hold the copyright to any images uploaded to the Site or that you have the authority of the copyright owner to upload any images to the Site.
- Beebird Logisticsretains the right to close an account anytime.
3. Our Services
- Beebird Logisticsfacilitates the booking and delivery of parcels. Beebird Logistics provides its services in accordance with the Australian Consumer Law. Beebird Logistics is not a common carrier, and we do not accept any liability as a common carrier. Beebird Logistics may refuse to provide services at its discretion.
- Beebird Logisticsuses a range of third-party providers, including DHL and AUSPOST. They requires that Beebird Logistics informs our customers that they are bound by their shipping terms and that commodities listed with respect to unacceptable under these terms are not to be tendered for shipment. You can view those terms here(for DHL) and here(for AUSPOST). We have replicated the key terms in this document, and confirm that your agreement is with Beebird Logistics.
4. Parcel Requirements
Beebird Logistics will only arrange delivery of parcels that respect the size and weight limits of the Beebird Logistics products. We reserve the right to refuse to take goods for delivery that exceed our size and weight limits.
Beebird Logistics will not accept possession of or deliver the following:
- Hazardous, dangerous, prohibited or illegal goods,
- Arms / weapons,
- Living goods and perishables
- Irreplaceable items or items with a value exceeding $1000,
- Irreplaceable legal documents or money.
- Dangerous Goods
- Munitions of war
Beebird Logistics has the right to open and inspect parcels at any time, without notice to the Consigner or recipient, to determine the nature, condition, ownership or destination of the contents.
Beebird Logistics also has the right to do anything deemed appropriate in its sole discretion, if we think a parcel contains goods that are listed in 4.2 above, or contains goods that have not been properly described, declared or that may become dangerous. This includes the right to destroy or dispose of the goods or contact any relevant authorities to do so. In this case, Beebird Logistics has the right to charge the Consigner of the goods for any disposal costs.
Beebird Logistics is not liable for the non-delivery of goods under this Clause.
5. Customer Obligations
- The Consigneris responsible for ensuring that:
- the parcel is within the size requirements,
- the goods are properly packaged for transit given the nature of the goods and any notification is given with respect to special handling requirements,
- the goods are accurately described in content and value,
- the goods are not of the nature described in (4.2) above,
- all declarations made in relation to the goods are true and correct, and
- the delivery instructions displayed on the parcel are clear and correct.
- The Consignerwarrants that you are the owner or have the authorisation of the owner of the goods and are authorised to send them.
- Consigners and recipients agree to indemnify Beebird Logisticsagainst any cost or liability incurred, paid by Beebird Logisticsin dealing with any claim against Beebird Logistics for loss or damage to property, illness, injury or death that arises from:
- the contents of a parcel;
- the insufficient, or improper packing, labelling or marking of a parcel
- the Consigneror recipient’s breach of these terms and conditions;
- a negligent or unlawful act or omission, or wilful misconduct by the Consigner, recipient or any person acting for them.
- The indemnity contained in (5.3) above may be enforced without Beebird Logisticssuffering the actual loss or damage.
- The Consignercomplies with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations.
- The Consigneracknowledges that loss or damage are insurable risks, obtaining insurance is the responsibility of the Consignerand choosing not to do so is at the Consigner’s own risk.
6. Owner’s Risk
- These items are deemed to be at Owner's Risk (that is, they are NOT covered by Beebird LogisticsCover).
- Second-hand car parts
- Perishables (e.g. fresh fruit and vegetables, meat or frozen goods)
- Flowers or plants
- Cash or other negotiable instruments (e.g. tickets)
- Irreplaceable items or items with a value exceeding $300.00
- Irreplaceable legal documents or other valuables
- Fine art
- Second-hand goods and clothes
- Dangerous goods and prohibited items
- Jewellery, gems, trinkets or personal ornaments like rings, necklaces, trinkets or other items containing jewels or precious metals
- If you choose to send these goods with Beebird Logisticsdespite our warnings, you do so at your own risk. We strongly advise you to arrange coverage for loss or damage.
7. Our Application Programming Interface
- Beebird Logisticsprovides a number of services, such as quoting, booking and tracking, via its Application Programming Interface (API).
- Beebird Logisticsis the owner of the API however, we give you the right to use the API for your own purposes, explicitly for sending your own parcels.
- If you wish to use the API for the purpose of sending parcels for other parties, you must first seek the permission of Beebird Logisticsto do so and adhere to any requirements set by Beebird Logistics from time to time. You can seek this permission by contacting the Beebird Logistics business team.
- This term should be read in conjunction with our Website User Agreement which sets out our (and your) intellectual property rights in more detail.
- Beebird Logisticswill not arrange for the collection of goods on weekends or public holidays as they apply nationally, and to each state.
- Beebird Logisticswill endeavour to pick up the parcel on the day specified, however, we do not provide a particular time for collection, nor do we call ahead to confirm that we are on our way.
- All parcels must be ready for collection on the designated date, including having a unique delivery label attached. If a parcel is not ready when the courier arrives for collection, the delivery will be considered futile and the delivery fees will be forfeited. Beebird Logisticsmay also charge a service fee for parcels considered futile. We will only collect parcels from the location specified in the pickup instructions.
- Parcels left unattended for collection are left at the responsibility of the Consigner. Beebird Logisticsdoes not have liability for any loss or damage that occurs to unattended parcels.
- Our delivery agents reserve the right to decline to enter any premises that they deem to be dangerous or unsafe. If this occurs, Beebird Logisticswill attempt to contact the Consigner and/or the receiver to make alternative arrangements, failing which the parcel will be returned to the Consigner.
- Depending on our network of delivery providers we may not deliver to PO Boxes, locked bags or parcel lockers and deliveries are not made on weekends or public holidays as they apply nationally and to each State.
- We provide customers with an estimated date of delivery, however, these estimates are subject to change and are not guaranteed.
- All parcels are tracked within Beebird Logistics’s network of delivery providers. A parcel may be forwarded outside of this network and Beebird Logisticswill cease receiving the tracking information. International deliveries will be processed by the global postal network and Beebird Logistics will rely on the tracking information received by postal operators.
- Parcels may be left unattended at the delivery address when marked “Authority to Leave” or “ATL” if the delivery provider deems it safe to do so. Beebird Logisticsholds no responsibility for goods left unattended at a delivery address when the parcel is marked “ATL”.
- When choosing “ATL” the Consignercan select from a list of delivery instructions. These instructions may not be applicable or be ignored in some countries where postal providers are following different processes.
- If a parcel has been returned to depot and no instructions are provided by receiver within 5 days the parcel may be returned to Consignerat the discretion of the network provider.
- Beebird Logisticsmay make one attempt to re-deliver the parcel free of charge.
- If the first re-delivery attempt is unsuccessful, then the Customer may be able to arrange to collect the parcel from the courier or pay for a new delivery.
- In some cases, Beebird Logisticsmay allow a parcel to be marked as ‘Signature on Delivery’. Where a parcel is marked “signature on delivery”, the delivery agent will require a signature to deliver the parcel. The signature is a record only of delivery to the address on the label, Beebird Logistics is not responsible for ensuring delivery to a particular recipient at an address.
- We rely upon the delivery details provided by the Consigner, if an item is not accepted for delivery the parcel may be returned to the Consigner.
- A valid Payment option is required at the time of placing an order through the Beebird Logistics Beebird Logisticsaccepts payments through a third party payment gateway. Beebird Logistics does not store any credit card or other payment details.
- Beebird Logisticsmay choose to take payment for an order immediately at the time of placing an order.
- If a credit card payment fails, Beebird Logisticsmay either contact the Consigner to use another payment option or choose to lock your account.
- Beebird Logisticsdoes not charge a fuel levy, however, at times additional costs may apply due to taxes, duties or imports.
- Beebird Logisticsreserves the right to charge an additional fee in the event that the booking weight or volume of your parcel is less than the actual weight or volume. This additional fee will be the difference in the cost of delivery between the booking weight or volume and the actual weight or volume. A service fee may also be charged in addition to the difference of the booking weight and the actual weight.
11. Cancellations or Changes
- Changes to delivery information can only be made prior to the parcel being collected, and there will be service charges.
- If a change to the delivery address arises once the parcel is in transit, a new delivery charge will apply. We cannot guarantee that we will be able to communicate the new address to the delivery agent.
- An order can only be cancelled prior to collection, in which case a refund will be providedand there will be service charges. Orders cannot be cancelled once they have been collected.
12. Limited Liability
- Without limiting the operation of the Australian Consumer Law, Beebird Logisticsexcludes all conditions, warranties, terms and guarantees otherwise implied by law.
- Parcels are sent at your own risk. Beebird Logisticsexcludes liability for any loss or damage that occurs during transit that is:
- attributable to the misconduct of someone acting on your behalf,
- ordinary wear and tear,
- leakage from your Goods,
- ordinary loss in weight or volume shrinkage,
- ordinary leakage,
- inappropriate packaging,
- delay or caused by an event outside of our control.
- mould, moths, insects, rats or vermin,
- electrical or mechanical breakdown or malfunction unless there is visible external evidence of physical damage to the Parcel,
- rust, oxidisation or discolourisation
- or caused by strikers, locked-out workers, people taking part in labour disturbances, riots or civil commotions.
- For domestic Australian and international deliveries, Customers must contact Beebird Logistics within 20 days of the last date in the delivery ETA range if the goods have not been received. If your parcel is declared lost by the Beebird Logistics team, we’ll cover both the cost of replacing the item up to $100 as well as the GST and the cost of delivery. This cover comes at no extra charge and includes all eligible parcels, both domestic and international. For more details, see Beebird Logistics’s Cover Policy.
- Beebird Logisticsis not liable to pay for any direct, indirect, economic, special or consequential loss or damage including but not limited to loss of sale, revenue, profit, production, business or claims made by you or made against you, regardless of foreseeability.
- Without limiting any rights at law our liability is limited to supplying the services again, or to the cost of supplying the services again.
13. Force Majeure
- Except for obligations to make payment, non-performance by any Party will be excused to the extent that performance is rendered impossible or impractical by acts of God, lightning strike, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution or governmental acts, orders or restrictions.
- If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of Western Australiaand Australia and the parties agree that any claim arising out of this Agreement will be heard in Western Australia.