1. CONTRACTUAL RELATIONSHIP
1.2 The Application is owned and operated by Bustle Supply Pty Ltd of Suite 15, 8 Welshpool Road, East Victoria Park, WA, 6101, Australia (Bustle).
1.3 These Terms govern the access or use by you of the Application and associated services to, amongst other things, arrange, schedule and record the details of the transport of Goods by Carriers made available to you by Bustle (the Services).
1.4 Please read these terms carefully before accessing or using the Application and Services.
1.5 When you use the Application you establish a contractual relationship between you and Bustle and agree to be bound by these Terms.
1.6 If you do not agree to these Terms, you must not access or use the Application or Services.
1.7 Bustle may unilaterally and without notifying you:
1.7.1 terminate, amend or change the nature, scope or availability of the Services;
1.7.2 terminate, amend or change the Terms; or
1.7.3 cease offering the Services or any part of the Services, at any time for any reason.
1.8 Bustle may assign or transfer its rights and obligations under these Terms, the Services and your Account Information in whole or in part, including to:
1.8.1 a subsidiary or affiliate;
1.8.2 an acquirer of Bustle’s equity, business or assets; or
1.8.3 a successor by merger.
1.9 No joint venture, partnership, employment or agency relationship exists between you, Bustle, the Carrier, or any third party provider as a result of the contract between you and Bustle or use of the Services.
SUPPLEMENTS AND AMENDMENTS TO TERMS
1.10 Bustle may from time to time supplement or amend these Terms.
1.11 A supplement or amendment will be effective upon it being posting on the Website.
1.12 Your continued use of the Application or Services constitutes your consent to be bound by these Terms.
1.13 Any supplementary or amended Terms will be considered to be part of these Terms.
1.14 In the event of a conflict, the most recent supplementary or amended Terms to be posted shall prevail over other versions of these Terms.
1.15 You must not assign or transfer your Bustle Account or rights or obligations under these Terms to any other person or entity without prior written consent from Bustle. You will maintain strict and confidential control over your user access information including passwords.
1.16 Bustle may, at any time, and without the need for further consent from you, assign or transfer all or any of Bustle’s rights or obligations under these Terms to any person or entity.
2.1 You acknowledge that Bustle collects and uses information which you provide to Bustle through your use of the Application, and that use includes the creation of a user profile consisting of your information and any other information which we may obtain from publically-accessible databases. The primary purpose of the creation of a user profile is to better assist the functionality of the Application and the Services, but Bustle expressly reserves the right to use that information including the user profile for the purposes otherwise described in these Terms.
2.2 By using the Application, you consent to Bustle collecting and using technical information about the Device.
2.3 Bustle may identify, collect and, without restriction and at Bustle’s absolute discretion, use location data from your Device. If you turn off the location services of your Device, the Application may not function as intended.
2.4 You agree that the information you provide to Bustle through your use of the Application may be viewed by other users of the Application.
2.5 You agree to allow Bustle or its affiliates to contact you by way of text, email or other forms of communication as part of the normal operation of your use of the Application.
2.6 The privacy of your personal information is important to Bustle and Bustle will ensure that it is held, used and disclosed consistently with the Privacy Act 1988 (Cth).
2.7 You agree that Bustle may disclose the Personal Information it collects about you (including your name and contact details) to any authorities, claims processor, or insurer if there is a complaint, Dispute or Claim. If you have infringed any rights of a third party, you agree that Bustle may provide your personal details to the relevant rights holder.
2.8 You agree that Bustle may disclose any information that it, in its absolute discretion, considers it is required to disclose in order to satisfy any applicable rule of law, legal process, private request, or government request. This expressly includes any request from any person regarding any aspect of the occupational health and safety record of any Carrier. This right survives termination of the agreement constituted by these Terms.
2.9 Bustle’s use of your Personal Information is subject to your rights under applicable law.
3. The Services
3.1 The Services are accessed by way of a Device.
3.2 The Services constitute a technology platform that enables users of the Application to contact, arrange, schedule and record the details of the transport of Goods by Carriers.
3.3 You acknowledge that Bustle does not provide transportation or logistical services nor does Bustle function as a transportation carrier. Other than as provided by these Terms, the Services are limited to connecting you to a Carrier (if available).
3.4 Carriers are not employed by Bustle nor act as Bustle’s agents.
3.5 You must otherwise make your own enquires as to the suitability of the vehicles and services provided by Carriers.
4. Contracts with Third Parties and Carriers
4.1 You acknowledge and accept that you must enter a separate agreement with third parties and/or a Carrier for Transport services, and that Bustle will not be a party to that agreement.
4.2 Bustle does not in any way expressly or impliedly represent:
4.2.1 that there is a contractual relationship between you, Bustle, and the third party or Carrier in relation the Transport services; or
4.2.2 any endorsement, affiliation, association, or sponsorship of the third party or Carrier by Bustle, nor of the goods or services that they may provide, unless expressly indicated by Bustle.
4.4 In no event shall Bustle be responsible or liable for any services, products or content provided by a third party or Carrier delivered by way of the Application.
4.5 For the avoidance of doubt, any agreement reached between you and a Carrier regarding Transport services does not include Bustle as a party.
5. Licence and Ownership
5.1 Subject to your compliance with these Terms, Bustle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable, global licence to:
5.1.1 access and use the Application on your Device solely in connection with your use of the Services; and
5.1.2 access and use any content, information and related materials that may be made available through the Services.
5.2 Any rights not expressly granted herein are reserved by Bustle and Bustle’s licensors.
5.3 The Application and all rights therein are and shall remain Bustle’s property or the property of Bustle’s licensors.
5.4 Neither these Terms nor your use of the Application or Services convey or grant to you any rights:
5.4.1 in or related to the Application or Services except for the limited licence granted above; or
5.4.2 to use or reference in any manner Bustle’s Intellectual Property.
6.1 Other than inclusion of all necessary information to operate the Application, and the inclusion of your logo or other branding indicia where indicated within the Application, you must not customise, modify, alter or adapt the Application without prior written consent of Bustle.
6.2 Bustle retains exclusive rights to customise, modify, alter or adapt the Application.
7. Your Bustle Account
7.1 To use the Services, you must:
7.1.1 agree to these Terms;
7.1.2 be using a Device owned by you or used with the owner’s consent;
7.1.3 be able to access the internet on the Device;
7.1.4 download the Application or access the Website; and
7.1.5 create a Bustle Account.
7.2 You are responsible for complying with these Terms whether or not you own the Device.
7.3 To create a Bustle Account you must provide complete and correct Account Information including Personal Information such as:
7.3.1 confirmation that you are of age of legal majority in your jurisdiction;
7.3.2 your name, address, Australian Business Number, e-mail address, and contact telephone number;
7.3.3 if relevant, corporate entity name, contact details and address for that corporate entity, and the capacity in which you act for that corporate entity;
7.3.4 details required for payment for the Services; and
7.3.5 a password for your Bustle Account.
7.4 You must keep your Account Information accurate, complete, and up to date.
7.5 If you fail to provide complete and correct Account Information or keep your Account Information up to date, Bustle may deny you access to the Services or terminate your Bustle Account.
7.6 You may only register for one Bustle Account.
7.7 You represent and warrant that you have full power, authority, and legal capacity to agree to these Terms.
7.8 If you are acting on behalf of an entity, you represent and warrant that you have full authority to agree to these Terms on behalf of that entity and will provide, on request, proof that you have that authority.
7.9 You are responsible for all activity on your Bustle Account.
7.10 You are responsible for maintaining the secrecy and security of your Bustle Account.
7.11 You must not:
7.11.1 allow other persons to use your Bustle Account; or
7.11.2 allow person under the age of legal majority in your jurisdiction to use your Bustle Account or utilise the Services unless accompanied by you.
7.12 You accept that you may be requested to provide proof of identity to use the Services and that, if refused, the use of the Services may be denied to you.
8. Use of the Application
8.1 You agree that you will not use the Application in any manner which is unlawful or contrary to these Terms.
8.2 You agree not to:
8.2.1 submit, upload or otherwise make available to Bustle or its affiliates through the Application or Services content which is defamatory, hateful, obscene, unlawful or otherwise offensive;
8.2.2 impersonate any person or entity;
8.2.3 attempt to gain unauthorised access to or impair any aspect of the Application or Services or related systems or networks;
8.2.4 create any third party application that interacts with the Application;
8.2.5 decompile, reverse engineer or disassemble the Application;
8.2.6 delete or alter any signifiers of Bustle’s copyright, trade marks or other proprietary notices;
8.2.7 exploit the Services except as expressly permitted by Bustle;
8.2.8 express or imply that you are endorsed by Bustle;
8.2.9 hack into any part of the Application;
8.2.10 knowingly introduce viruses, spyware, malware, or other similar material;
8.2.11 launch or upload any programs or scripts for the purpose of data mining any portion of the Application;
8.2.12 mirror or frame any portion of the Application;
8.2.13 provide or upload false information, create false identities, or use or attempt to use another user’s Personal Information or Bustle Account;
8.2.14 take any action which would unduly hindering or interfere with the operation and/or functionality of any aspect of the Application or Services;
8.2.15 transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by Bustle; or
8.2.16 violate the legal rights (such as rights of privacy) of others.
8.3 You agree not to advertise or promote your use of the Application or the Services, in whatever form or medium, unless expressly authorised by Bustle.
8.4 You agree that Bustle may advertise or promote your use of the Application or the Services, in whatever form or medium, from time to time.
9. Use of the Services
9.1 By using the Services you agree that you will comply with all applicable laws when using the Services.
9.2 By using the Service you agree that you must not:
9.2.1 use the Services for any purpose that is illegal or prohibited by these Terms;
9.2.2 use the Services to transport unlawful materials or materials for a harmful purpose;
9.2.3 cause any nuisance or damage in your use of the Services;
9.2.4 use the Services in order to damage Bustle; or
9.2.5 use the Services to spam, bully, intimidate, harass or defraud any user or person.
9.3 You must comply with all applicable laws, including Health and Safety Laws, Traffic Laws and any other laws:
9.3.1 when submitting or uploading data or information to the Application; or
9.3.2 that may impact upon your ability to comply with these Terms.
9.4 You must obtain and maintain all relevant licences, permits, credentials, or other authority to enable you to perform your obligations without infringing any law or the rights of any person.
9.5 Bustle are not responsible in any way whatsoever if you do not have or have not maintained all applicable insurance policies with a reputable insurance company to cover the potential liabilities which may arise out of or in connection with these Terms or the Transport Services.
10. Payment and Fees
10.1 All payments to Bustle are to be made by way of invoice, credit card, or direct debit funds transfer.
10.2 All payments must be made in Australian dollars.
10.3 All payments are due and payable on the first day of every month. Disputes and/or claims for setoffs do not constitute grounds for non-payment of payments due.
10.4 Payment failure may result in the suspension or termination of your Bustle Account.
11. Claims for Damage and/or Injury
11.1 The Carrier is responsible for any damage to Goods or other property or injury caused to any person arising out of or in connection with the Services.
11.2 Any Claim arising out of such an event will be resolved directly between you and the Carrier or any relevant third party. You agree that Bustle is not a party to any proceedings with respect to a Claim.
If a Carrier fails to provide to you the contracted services, Bustle is not responsible for any refunds or discounts.
13. Disclaimers and Liability
13.1 You may have certain rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) including consumer guarantees that the services Bustle provides to you will be of acceptable quality, fit for the purpose disclosed, and carried out by Bustle with due care and skill. These Terms do not exclude or limit these guarantees or any other statutory rights that you may have under applicable laws.
13.2 You agree and acknowledge that, to the extent permitted by law, Bustle does not represent, warrant or accept any liability in relation to:
13.2.1 the accuracy, currency, reliability, security, safety or quality of the Application or the Services;
13.2.2 any errors, omissions or faults in the Application or the Services;
13.2.3 any data or information you submit or upload to the Application in order to access any part of the Services; or
13.2.4 any information provided by you or the Carrier in the course of commissioning or accepting a Service or information or estimates provided by the Carrier or Bustle as part of the Services.
13.3 To the fullest extent permitted by law, Bustle disclaims any warranties, representations or endorsements, express or implied, with regard to the Application or the Services, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any laws.
13.4 Bustle assumes no responsibility for the Transport services provided by Carriers.
13.5 Bustle assumes no responsibility for any errors or omissions in the information available on the Application or the Website.
13.6 Bustle assumes no responsibility for any data or information you submit or upload to the Application in order to access any part of the Services.
13.7 Bustle does not warrant or guarantee:
13.7.1 the accuracy or completeness of the content of the Application or Website;
13.7.2 that the Transport services offered or provided by the Carriers shall be suitable for your requirements;
13.7.3 that the Application or Website will be free destructive properties such as malware; or
13.7.4 that the operation of the Application or Website will be without error or interruption.
13.8 You acknowledge that:
13.8.1 it is your responsibility to ensure that Service and functions of the Application meet your requirements;
13.8.2 it is your responsibility to protect your Device(s) from damage.
13.9 To the fullest extent permitted by law, Bustle is not liable to you or any other third party for any Claim in connection with your use of the Application or Services.
13.10 Nothing in these Terms limits or excludes Bustle’s liability for any liability which may not be limited or excluded under applicable law.
13.11 You indemnify and hold Bustle and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:
13.11.1 your use of the Application and Services;
13.11.2 your breach or violation of any of these Terms;
13.11.3 Bustle’s use of your Account Information; or
13.11.4 your violation of the rights of any Carrier or third party.
13.12 You indemnify Bustle and its officers, directors, employees and agents from and against any Claim against it or its employees or agents or any of them in respect of:
13.12.1 personal injury to or the death of any person whatsoever;
13.12.2 loss of or damage to any property; or
13.12.3 any other Claim, loss or damage whatsoever, arising out of or as a consequence of your use of the Application or Services, an unlawful act or negligent act or omission by you in connection with the Services or Application, or by your use of your Bustle Account, and also from any costs and expenses that may be incurred with any such claim, demand, action suit or proceeding.
Termination by you
14.1 You may delete your Bustle Account at any time.
14.2 Deletion of your Bustle Account must be made by way of the cancellation process contained on the Application.
14.3 Deletion of your Bustle Account does relieve you from any liabilities (including any payment liability) you incurred to date by using the Application or Service.
Termination by Bustle
14.4 Bustle reserves the right to suspend or terminate your access to the Application, the Services or your Bustle Account at any time and without prior notice to you for any reason.
14.5 Bustle may suspend or terminate your access to the Application, the Services or your Bustle Account if it is unable to provide access to the Application.
14.6 Termination by Bustle for any reason shall not affect the rights and remedies of Bustle or you which have accrued up to the date of termination.
15.1 If a Dispute arises, you must promptly inform Bustle in writing giving details of the Dispute.
15.2 You must use your reasonable endeavours to resolve the Dispute.
15.3 A Party may not commence any court proceedings in relation to the Dispute unless it has first complied with this clause 15.
15.4 If the Dispute cannot be resolved within thirty (30) days of notice of the Dispute, either party may refer the dispute to mediation.
15.5 Each party must bear its own costs in relation to compliance with this clause, except for the cost of medication which will be borne equally.
16. Other Provisions
16.1 These Terms shall be governed by and construed in accordance with the laws of Western Australia and the Parties submit themselves to the non-exclusive jurisdiction of the Courts of that State.
16.2 Bustle may give notice by means of a general notice on the Services, text, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.
16.3 You may give notice to Bustle by written communication to Bustle’s address at email@example.com.
16.4 No failure, delay or omission by Bustle in exercising any of its rights, powers or remedies provided under these Terms or by law shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy.
16.5 If any part of these Terms is or becomes illegal, void or unenforceable, this does not invalidate the rest of the Terms.
17. Interpretation and Definitions
Account Information means information required to be provided by a user of the Application in order to create and maintain a Bustle Account.
Application means the software application known as Bustle downloaded to a Device or as accessed through the Website or any other application used to access the Services.
Bustle Account means the account a user of the Application is required to open with Bustle before accessing or using the Application and Services.
Carrier means either a carrier business or an independent driver who provides Transport for users of the Application, the business of which is unrelated to, independent of, and not affiliated with Bustle.
Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or unascertained, actual or contingent.
Device means the device/operating system you use to access the Application.
Dispute means any dispute arising out of these Terms or use of the Application.
Goods means any goods, including the packages containing those goods and shipping or other transport containers, which are the subject of the Transport services provided to you by a Carrier.
Health and Safety Law means any occupational health and safety law applicable to workplaces vehicles (including any code of practice mandated by, or approved under, a law) in any applicable jurisdiction in which the Services are to be provided from time to time.
Intellectual Property means all present and future rights conferred by law in or in relation to copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, confidential information and trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable including all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights.
Party means a party to these Terms and “Parties” or “Party’s” shall have a corresponding meaning.
Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).
Services means the services, information, advertising, and resources provided via the Application.
Traffic Laws means any laws in relation to the use of vehicles or traffic including speed limits, restraint of items, driver fatigue, drug and alcohol use, medications, health-related restrictions, and the use of heavy or special vehicles (including any code of practice mandated by, or approved under, a law) in any applicable jurisdiction in which the Services are to be provided from time to time.
Transport means the transportation of Goods by a Carrier including (if required) the loading and unloaded of the Goods under the instruction of the user of the Application.
Website means www.bustle.com.au and www.bustle.tech
17.2 you means any user of the Application, whether an individual person or an entity.Interpretation
In these Terms, unless the context otherwise requires:
17.2.1 the singular includes the plural and vice versa;
17.2.2 a reference to a recital, clause or schedule is to a recital, clause or schedule of or to these Terms;
17.2.3 a reference to any Party or any other document or arrangement includes that Party’s executors, administrators, substitutes, successors and permitted assigns;
17.2.4 no provision of these Terms will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of these Terms or that provision;
17.2.5 a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision;
17.2.6 an expression importing a natural person includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency;
17.2.7 a reference to a business day means a day when all banks are generally open for business in Western Australia;
17.2.8 where the day on which any act, matter or thing is to be done under these Terms is not a business day, that act, matter or thing may be done on the next business day;
17.2.9 a covenant or agreement on the part of two or more persons binds them jointly and severally;
17.2.10 where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
17.2.11 all references to currency are references to Australian dollars.