Terms and Conditions
Valet My Clubs Pty Ltd.
ABN 86 623 349 422
Account means a Customer account registered with Valet My Clubs containing Customer-specific information, including but not limited to a Customer’s name, contact information, payment card details and Booking history.
Booking means a booking for the carriage of a consignment placed by a customer online via the Valet My Clubs website.
Carrier means Valet My Clubs Pty Ltd or any of its affiliated carrier partners.
Conditions means these conditions of collection and delivery, which shall apply to the contract of carriage between the Customer and Valet My Clubs.
Consignee means the person to whom the Carrier delivers the Consignment.
Consignment means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by the Carrier for the Customer to the Consignee.
Customer means the legal or natural person who contracts for the services of the Carrier.
Online means bookings and booking enquiries made by the customer online via the Valet My Clubs website.
Valet My Clubs means Valet My Clubs Pty Ltd.
Website means the carriers website located at www.valetmyclubs.com.au
Business Day means any day other than a Saturday or Sunday or a public holiday within Australia or any of its states or territories.
1) Valet My Clubs provides an all-encompassing Consignment service to the Customer, which can include but is not limited to the collection and delivery of Consignments, a booking service, account management support, tracking of deliveries, reporting of deliveries, as well as other features agreed between Valet My Clubs and its customer from time to time.
2) The Customer acknowledges that for the carriage element of its service, Valet My Clubs will engage an employee, agent or subcontractor.
3) Valet My Clubs is not a common Carrier and accepts at its sole discretion the carriage of Consignments subject only to these Conditions. These Conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer) unless agreed in writing by a director of Valet My Clubs Pty Ltd. No employee, agent or subcontractor of Valet My Clubs is authorised to alter or vary these Conditions.
4) The Customer acknowledges and agrees that the Conditions excluding or restricting any liability of the carrier are reasonable, having regard to the existence of alternatives and other Carriers available to it.
5) The Customer warrants that it has full power and authority to enter into and perform its obligations under these Conditions.
6) Valet My Clubs reserves the right to withdraw the website and the facility to place Bookings Online without prior notice and also to refuse to accept and/or perform any orders placed thereon.
7) Each booking by the Customer with Valet My Clubs shall be submitted by the Customer to Valet My Clubs online.
8) All Bookings are subject to acceptance by the Carrier and its affiliates and the Carrier reserves the right to refuse to accept any bookings. All bookings are subject to and governed by these Conditions, shall be deemed to be a separate and independent contract and the Carrier reserves the right to amend any booking at any time upon notice to the customer.
9) The contract between the Customer and the Valet My Clubs in respect of a Booking (the contract) will be formed when Valet My Clubs confirms receipt of that booking. Customers should note that their booking will not have been accepted by the carrier until the time of such confirmation.
10) Additional charges (including, without limitation, time charges for waiting and/or loading) may be imposed by the carrier (and the customer shall pay such charges) if the Carrier is prevented from performing its obligations under these Conditions by reason of the acts and/or omissions of the Customer.
11) Unless agreed otherwise by Valet My clubs and the Customer, the Consignment shall only be delivered to the address specified by the Customer at the time of Booking and the Carrier reserves its right to vary its charges following any variation of the delivery address by the Customer.
12) All quotations for Valet My Clubs charges are calculated in accordance with the length of the journey for the shipment, the dimensions and gross weight of the Consignment and the carriage time frame of Consignment service specified in the Booking.
13) If the Customer requires additional services over and above the Carriers standard carriage of Consignments, the Customer should contact Valet My Clubs to discuss such services. Whilst Valet My Clubs will take reasonable steps to fulfil the Customers additional requirements if the additional services involve supervision, direction or control as to the manner in which the Carriers services are performed the Customer must contact Valet My Clubs in advance as the Customer may be required to agree to additional charges in advance with the Carrier.
14) Valet My Clubs or its affiliated carriers shall not be held responsible or liable for the loss or damage of any Excluded Goods, including any Consignment containing Excluded Goods.
15) Excluded goods shall include, without limitation, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which the Carrier may at its sole discretion deem to be valuable.
16) The Customer shall not submit for carriage (and the Carrier may without any liability whatsoever reject such carriage at any time upon notice to the Customer) any Consignment which contains firearms, munitions, inflammable items or other explosives, animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material, any item (including, without limitation, drugs or other illegal substances) which is prohibited or illegal to possess or import into any country through or into which the carriage of the Consignment is to take place (the Prohibited Items).
17) If the Customer submits Prohibited Items as a Consignment (and regardless of whether or not the Carrier has agreed to carry such Consignment), the Customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the carriage of the Consignment comprising such Prohibited Items in whole or in part.
Collection and Delivery
18) The Customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
19) The Customer must ensure the booked Consignment meets the size and weight limitations specified at the time of the booking in accordance to the fee paid by the Customer for that booking.
20) If a consignment exceeds the size and weight limitations specified at the time of the Booking, the credit card used to make the Booking will be automatically debited the amount relative to the excess size and weight of the consignment.
21) Pursuant to clause 20, the size and weight of the consignment will not be determined until such time that the consignment has reached the first depot in transit. At this point in time the delivery process is already deemed to be in progress, bringing into effect clause 27.
22) Valet My Clubs will use all reasonable efforts to collect and deliver the Consignment within the times specified for collection and delivery by the Carrier when confirming a Booking but unless otherwise agreed these are estimates only and time is considered a guideline.
23) The Customer shall be responsible for:
a) Providing adequate and clear access to any Consignment on any property, including but not limited to access free from obstacles and obstructions such as locked doors, fences and gates.
b) Providing safe passage to any Consignment, including but not limited to property protection animals and safety hazards
c) Ensuring there is a receiver at the delivery destination to sign and take responsibility for the consignment upon arrival.
d) Ensuring the booked consignment has an adequate amount of time allocated, for the delivery to be completed before the customer arrives at the destination to collect their consignment.
24) Valet My Clubs shall under no circumstances be liable to the Customer for any loss of or damage to:
a) The Consignment; or
b) Any property of the Customer in connection with or arising out of:
c) The Carriers entry onto the premises of the Customer or Consignee in the course of collecting or delivering the Consignment; or
d) The Carrier otherwise providing to the Customer (whether for the benefit of the Customer or the Consignee) any services (whether or not the Customer and/or the Consignee assist in such provision) that are beyond the scope of the services that would usually and reasonably be expected of a point-to-point courier.
25) The Customer shall indemnify and keep indemnified Valet My Clubs and its affiliates, contractors, agents, directors and employees against all losses, liabilities, damages, claims, actions, proceedings, expenses and costs (including legal and professional costs) that the Carrier and/or such related parties suffer or incur arising out of or in connection with the Carriers provision of the Out of Scope Services (whether or not the Customer and/or the Consignee assist in such provision), including but not limited to any claim by the Consignee that the Carriers provision of the Out of Scope Services has caused any loss of or damage to the Consignment or the property of the Consignee.
26) The Carrier shall deliver Consignments according to such route as it in its absolute discretion thinks fit.
Consignment Notes & Shipping Labels
27) At the time of collection by the Carrier the Consignment will be scanned and documented as having been effectively collected. Such documentation shall not be evidence of the condition, declared nature, quantity or weight of the Consignment at the time of collection by the Carrier.
28) If the Customer elects to have their consignment signed for upon delivery the Carrier shall require written acknowledgment, by way of signature from the receiver, at the end point of delivery of the Consignment. Where the Carrier is unable to obtain such acknowledgment, the Carrier shall be deemed to have been unable to effectively deliver.
29) The receiver shall be any individual, whether acting as an individual or on behalf of a greater entity, present at the address, whom provides signed acknowledgment and is consequently deemed responsible for the consignment.
30) Written acknowledgment at the point of delivery shall be conclusive evidence of proper delivery.
31) Adequate fastening or attachment of the required Valet My Clubs delivery label to the consignment is the sole responsibility of the Customer. The Carrier shall not be held responsible or accountable for any Consignment lost or delayed in transit as a result of (but not limited to) detached or illegible delivery labels due to inadequate attachment.
32) For further instructions on how to properly attach your shipping label, please visit www.valetmyclubs.com.au/faq
33) Transit commences when the Carrier takes possession of the Consignment, whether at the Carriers premises or at some other point of collection.
34) Transit by the Carrier shall (unless otherwise agreed) end when the Consignment is tendered at the Consignees address provided at the time of Booking by the Customer.
35) Valet My Clubs shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the Customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.
36) The Customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier reasonably considers to be a security or health and safety risk to the Carrier and to take, at its sole discretion, such appropriate action thereafter.
Undelivered or Unclaimed Goods
37) Where the Carrier is unable to effect delivery as requested by the Customer when making a Booking, a delivery card will be left at the delivery location and at this point it is the Customers responsibility to contact Valet My Clubs at email@example.com with further instructions for re-delivery of the consignment. The Customer shall note that a maximum of three re-delivery attempts will be given per consignment with a fee applying to each attempted re-delivery. All re-delivery fees will be automatically debited from the Customers card used at the time of making the booking.
38) Where a Consignment is returned to the Customer by the Carrier or a Customer arranges for the onward carriage and delivery of the Consignment by the Carrier, that return or onward carriage (as the case may be) shall be at the Customers sole cost and expense and shall be charged to the Customer (and the Customer shall pay) at the Carriers standard rates at the time of delivery.
39) The Carrier and Customer shall each be entitled to cancel a Booking and terminate the Contract at any time for any reason with immediate effect by notice to the other.
40) Where the Carrier cancels a Booking pursuant to clause 35 by reason of a breach of these Conditions by the Customer, the Carrier may (without prejudice to any rights or remedies it may have at law or under these Conditions) refuse refund for the entire delivery of the consignment in question.
41) In the event of cancellation of any Booking for a Consignment by the Customer, Valet My clubs will process a cancelation request on behalf of the customer. If the designated carrier is yet to dispatch a driver at the time of request the customer shall be refunded in full.
42) Where the Customer cancels a Booking after the Carrier has departed to collect the Consignment, the Customer shall be liable to the Carrier for the full amount of charges paid and will not be eligible for a refund.
43) Where the Customer cancels a Booking and is eligible for a refund , the Carrier shall refund to the Customer all sums paid by the Customer to the Carrier in connection with that Booking within 30 calendar days of cancellation.
Limitation of Liability
44) Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors; or for any fraudulent misrepresentation.
45) Valet My Clubs shall not be liable to the Customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the Customer howsoever caused including, without limitation:
a) loss due to delay in delivery; and/or
b) loss of anticipated savings; and/or
c) loss of business and/or goods; and/or
d) loss of goodwill; and/or
e) loss of use; and/or
f) loss of data or other information; and/or
g) loss relating to the procurement by the Customer of any substitution of goods or services.
46) Valet My Clubs will not be liable for the types of loss and/or damage specified in clauses 45a, 45b, 45c, 45d, 45e, 45f, 45g above shall not constitute direct loss for the purpose of these Conditions.
47) Valet My Clubs will not be liable to the Customer for the carriage of Excluded Goods.
48) Valet My Clubs will not be liable for any foregoing consequences as a result of undeliverable consignments as specified in clause 22
49) Valet My Clubs will not be liable for any forgoing consequences to any Consignment once delivery is completed where the Customer has elected for the Consignment to be left without a proof of delivery signature.
Further Exclusions on Carriers Liability
50) Valet My Clubs shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
a) acts, omissions or misrepresentations by the Customer, owner of the Consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clauses 18 and 28. The Customer acknowledges and agrees that in such circumstances the Carrier shall not be liable for any loss of or damage to the Consignment that arises out of or in connection with a failure to package and/or label it correctly;
b) natural deterioration or fragility of the Consignment (notwithstanding that it may be marked Fragile); and/or
c) any unforeseen circumstances or causes beyond the Carriers reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with d) any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing and labelling or addressing.
51) The Customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.
52) The information provided on the Website has not been written to meet specific Customer requirements and it is the sole responsibility of the Customer to satisfy itself that any Booking made Online will be suitable for its requirements. All express or implied warranties in relation to the Website are hereby excluded to the fullest extent permitted by law.
53) Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website, it cannot ensure that the Website will be virus free. The Customer acknowledges and agrees that any use of the Website by the Customer shall be at its own risk.
54) Customers have no rights in or to the Website and all rights in and to the Website and the, including any underlying software and computer codes, are exclusively owned by Valet My Clubs or licensed to Valet My Clubs by a third party supplier.
55) The Website is intended for use by the residents in Australia only and only in respect of their activities within Australia.
Time Limits for Claims
56) Valet My Clubs shall not be liable for loss of, misdelivery or damage to any Consignment unless it is notified by the Customer of such loss or damage in writing to firstname.lastname@example.org within 7 days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 14 days after the end of transit. A claim for loss or damage will not be accepted by the deliverer at time of delivery.
Indemnity to the Carrier
57) The Customer shall indemnify Valet My Clubs against:
a) all losses suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the Customer of these Conditions, fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment or Consignee;
b) all claims and demands made against Valet My Clubs by any third party in excess of the liability of the Carrier under these Conditions;
c) all losses suffered by and claims made against Valet My Clubs resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods, Excluded Goods and/or the Prohibited Items;
d) all claims and demands made against Valet My Clubs as a result of a breach of clause 59.
58) If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.
Other Important Provisions
59) At no time during the period that Valet My Clubs is undertaking the Booking for the Customer is the Customer permitted to supervise, direct or control the manner in which any of Valet My Clubs employees or sub-contractors undertake the service.
60) Any notice or other communication to be given under or in connection with this Agreement:
a) by a Customer to Valet My Clubs, shall be given in writing and sent by email to email@example.com or firstname.lastname@example.org.
b) by Valet My Clubs to a Customer, shall be given in writing by email to the email address provided by the Customer to Valet My Clubs during the Booking process. A notice shall be deemed delivered 2 working days after the date of posting and 24 hours after sending by email (as applicable).
61) Valet My Clubs shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions. The Customer shall not assign, novate, subcontract or otherwise dispose of, or deal with, any or all of its rights and obligations under these Conditions without the prior written consent of Valet My Clubs.
62) At no time during the period that the obligations under these Conditions without the prior written consent of Valet is undertaking the Booking for the Customer is the Customer permitted to supervise, direct or control the manner in which any of the Carriers employees or sub-contractors undertake the service.
63) Carrier shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions. The Customer shall not assign, novate, subcontract or otherwise dispose of, or deal with, any or all of its rights and obligations under these Conditions without the prior written consent of the Carrier.
64) These Conditions constitute the entire agreement between Valet My Clubs and the Customer and supersedes all prior agreements, representations and understandings relating to the subject matter of the Contract. The Customer represents and undertakes that in entering into a Contract in accordance with these Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person other than as expressly set out in these Conditions. Nothing in these Conditions shall limit either party’s liability in respect of fraudulent misrepresentation.
65) These Conditions (and any non-contractual claims) shall be subject to and construed in accordance with Australian Law, and the party’s submit to the exclusive jurisdiction of the Australian courts.
66) Telephone calls to and from Valet My Clubs may be recorded and monitored.