By accessing, visiting, or otherwise using sendle.com (“the Site”), you are entering into this Website User Agreement (the “Agreement”) with Sendle and you agree to be bound by the Agreement in connection with your access and use of the Site. This Site is owned and operated by Sendle Pty Ltd (ABN 99 161 399 622).
For purposes of this Agreement, “Sendle”, “us”, “we”, or “our” means Sendle USA, Inc. if you are accessing the Site within the United States and Sendle Pty Ltd if you are accessing the Site from anywhere else in the world.
Please read our Terms and Conditions (the “Terms and Conditions”), which also govern your creation of an account on the Site, shipping a parcel or accessing, visiting or otherwise using the Site or any of our other products or services that link to the Terms and Conditions (collectively referred to as the “Services”). By accessing or using the Services, you also agree to be bound by Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access or use the Services. To the extent you have also entered into and are subject to the Terms and Conditions, this Agreement is hereby incorporated by reference into, and forms a part of, the Terms and Conditions. In the event of a conflict between this Agreement and the Terms and Conditions, the Terms and Conditions will apply.
This Agreement may be amended from time to time at Sendle’s discretion and without prior notice to you. Visitors to the Site are encouraged to review this Agreement from time to time as your continued use of the Site will indicate your acceptance of the terms herein.
Intellectual Property Rights
Sendle retains all ownership rights over all intellectual property (registered or unregistered) available on the Site, and the Site content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sound effects, musical works, and moral rights. Sendle claims copyright over all content on the Sites, including Blog postings, unless otherwise indicated.
License to You
The Site is provided to you through this license. Sendle retains all ownership and proprietary rights in the Site and hereby grants you the non-exclusive, non-transferable, limited right to use the Site.
The Site includes an Application Programming Interface (API) through which Sendle provides a number of services, such as quoting, booking and tracking parcels for delivery. Sendle is the owner of all intellectual proprietary rights in the API subject to this license whereby Sendle grants 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 Sendle to do so and adhere to any requirements set by Sendle from time to time. You can seek this permission by contacting the Sendle Business team.
This license commences upon your acceptance of this Agreement and continues until termination by Sendle or you. Sendle has the discretion to terminate your license immediately and without notice at any time and may take legal action against you if you have breached these terms. All rights not specifically granted under this Agreement are reserved by Sendle and, as applicable, its licensors.
This limited license excludes the right to:
(a) Frame or utilize framing techniques to enclose the Site or any portion of the Site;
(b) Republish, redistribute, transmit, sell, license or download the Sites or any and/or all Site Content (except caching or as necessary to view the Site);
(c) Make any use of the Site or any and/or all Site Content other than for personal use;
(d) Modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
(e) Collect account information for the benefit of yourself or another party;
(f) Use any meta tags or any other hidden text utilizing any and/or all Site Content;
(g) Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(h) Download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
By using this Site, you agree NOT to modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content.
Your License to Sendle
By posting, submitting or otherwise publishing any material to the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.
Limitations on Linking
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your Site by Sendle, which does not exist.
Sendle reserves the right to make changes to the Site, its operation and application at any time without prior notice. Sendle may engage a third party to provide technical assistance with the Site. Sendle will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.
Conditions of Use
You agree to use the Site in accordance with this agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to Sendle.
You agree that you will not upload or provide content on the Site which is:
(a) Defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
(b) Infringes the intellectual or other proprietary interests of third parties;
(c) Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach this Agreement;
(d) Violates any law; or
(e) Encourages or incites any other person to engage in any of the above behaviour;
You also agree that you will not :
(f) Use technology or other means that is not authorised by Sendle to access the Site;
(g) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Site;
(h) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Sites or the Facebook Page;
(i) Gain or attempt to gain unauthorised access to the Sites or Facebook Page including the networks or user accounts; or
(j) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.
Third Party Links
At times we may provide links and pointers to third party Sites. Once you leave our Site and move to a linked Site, you will be subject to the third party’s terms and conditions and privacy obligations. Sendle does not have control or responsibility over the content or security of third party linked Sites. Opinions expressed or material on third party Sites are not necessarily shared or endorsed by Sendle. Sendle uses a linked third party payment provider and Sendle does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.
The site is provided on an “as-is” and “as available” basis, and Sendle (and our suppliers) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Sende makes no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Sendle does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components. Sendle maintains current anti-virus software, however to the extent provided by law, we do not guarantee against third party interference. Sendle does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware. Sendle is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our reasonable control.
The advice and information contained within this Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Any views expressed are the views or opinions of Sendle and we do not guarantee that any information provided is up to date or error free.
You agree to indemnify Sendle and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim or demand, including costs and attorneys’ fees, arising directly or indirectly from your acts and omissions in using the Site pursuant to the terms of the Agreement, including violation of this Agreement or of any applicable laws or regulations. Sendle reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sendle. Sendle will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Sendle (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement or substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if Sendle has been advised of the possibility of such damages. access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, Sendle’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty US dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Breaches of This Agreement
Sendle reserves the right to take any of the following actions if we reasonably suspect that a breach of this agreement has occurred:
(a) issue a formal warning;
(b) suspend or prohibit access to the Site;
(d) block computers using your IP address from accessing the Site;
(e) contact any or all your internet service providers and request that they block your access to the Site;
(f) take legal action against you, and
(g) suspend or delete your account on the Site.
If we suspend, prohibit or block your access to the Site or a part of the Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.
This agreement is governed by the laws of New South Wales and Australia.