These terms and conditions ("User Terms") apply to your visit to and your use of our website at www.letscarryon.com (the "Website"), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
Please read these user terms carefully before downloading our application and/or using our service.
For the purpose of this User Term, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"Carryon Content" means Content owned or used by Carryon, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
"User" means a person or company who is in the business of providing Removalist Services accesses or uses the Service or Application.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
"Collective Content" means, collectively, Carryon Content and User Content.
1. About Carryon Pty Ltd
Carryon Pty Ltd ("Carryon") is a company established in Australia, having its offices at 202/39 London Cct, City ACT 2601.
Carryon offers information and a means to obtain removal services offered by third party removalists (the "Removalist"), which may be requested through the use of an application supplied by Carryon and downloaded and installed by you on your single mobile device (smart phone) (the "Application"). All services provided by Carryon to you by means of your use of the Application are hereafter referred to as the "Service". Carryon provides the Services for the purpose of providing lead generation to Removalist Services providers. The Services enable an authorised removalist to provide Removalist Services to an authorised user of Carryon's mobile application.
2. How is a contract concluded between Carryon and you?
By using the Application or the Service, you enter into a contract with Carryon (the "Contract"). In order to be able to use the Application or Service, you first need to sign up with Carryon. When signing up, you are obligated to provide Carryon with your personal information, mobile telephone number, credit card data and bank account details. Upon successful completion of your signing up with Carryon, Carryon will provide you with a personal account, accessible for you with a password of your choice.
You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
3. How to use the Service and the Application
The Application allows you to receive a request for removal service from users who send the request (hereafter referred to as "Customer"). The GPS receiver - which should be installed on the mobile device (smart phone) on which you have downloaded the Application - detects your location and sends your location information to the relevant Customer. You have sole and complete discretion to accept or reject each request for transportation service. You also have sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the you accept a request, the Application notifies you and provides information regarding the Customer - including its name, location, and rating - and the ability to contact the Customer by telephone. The Application also allows Customer to view your progress towards the pick-up point, in real time.
Carryon shall procure reasonable efforts to bring Customer into contact with you in order to obtain transportation services, subject to the availability of Removalist in or around Customer's location at the moment of Customer's request for removal services.
For the avoidance of doubt: You acknowledge and agree that your provision of Removalist Services to Customer creates a legal and direct business relationship between you and Customer, to which neither Carryon nor any of its affiliates is a party. Neither Carryon nor any of its affiliates is responsible or liable for the actions or inactions of a Removalist in relation to the activities of Customer. Removalist shall have the sole responsibility for any obligations or liabilities to Customer or third parties that arise from its provision of Removalist Services.
4. Use of the Service and the Application
You acknowledge and agree that you shall at all times: (a) hold and maintain (i) a valid driver's license with the appropriate level of certification to perform Removalist Service, and (ii) all licenses, permits, approvals and authority applicable to that are necessary to provide Removalist Services to third parties in the Territory; (b) possess the appropriate and current level of training, expertise and experience to provide Removalist Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, Removalist Services.
You also acknowledge and agree that each vehicle used for providing Removalist Service shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle in the Territory; (b) owned or leased by you, or otherwise in your lawful possession; (c) suitable for performing Removalist Services contemplated by this Agreement; and (d) maintained in a safe, roadworthy and good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition, where applicable, in accordance with the terms of any relevant license.
You further warrant that the information you provide to Carryon is accurate and complete. Carryon is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You may only access the Service using authorised means. It is your responsibility to check to ensure you download the correct Application for your device. Carryon is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Carryon reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorised device.
By using the Application or the Service, you further agree that:
4.1 You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
4.2 You will not authorize others to use your account;
4.3 You will not assign or otherwise transfer your account to any other person or legal entity;
4.4 You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
4.5 You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
4.6 You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
4.7 You will not impair the proper operation of the network;
4.8 You will not try to harm the Service or Application in any way whatsoever;
4.9 You will not copy, or distribute the Application or other Carryon Content without written permission from Carryon;
4.10 You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
4.11 You will provide us with whatever proof of identity we may reasonably request;
4.12 You will only use an access point or 3G data account (AP) which you are authorized to use;
4.13 You are aware that when requesting removal services by SMS (if available in your jurisdiction), standard messaging charges will apply;
4.14 You will not use the Service or Application with an incompatible or unauthorized device;
4.15 You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.
You are entitled to charge a fare for each instance of completed Removalist Services provided to a Customer that are obtained via the Carryon platform ("Fare"), where such Fare is calculated based upon a base fare amount plus distance (as determined by Carryon using location-based services enabled through the Device) and/or time amounts. You hereby: (i) appoint Carryon as your limited payment collection agent solely for the purpose of accepting the Fare, applicable Tolls and, depending on the region and/or if requested by you, applicable taxes and fees from the Customer on behalf of you via the payment processing functionality facilitated; and (ii) agree that payment made by Customer to Carryon shall be considered the same as payment made directly by Customer to you. In addition, the parties acknowledge and agree that as between you and Carryon, the Fare is a recommended amount, and the primary purpose of the pre-arranged Fare is to act as the default amount in the event you do not negotiate a different amount. You shall always have the right to: (i) charge a fare that is less than the pre-arranged Fare; or (ii) negotiate, at your request, a Fare that is lower than the pre-arranged Fare (each of (i) and (ii) herein, a "Negotiated Fare"). Carryon shall consider all such requests from you in good faith. Carryon agrees to remit to you on at least a weekly basis: (a) the Fare less the applicable Service Fee; (b) the Tolls; and (c) depending on the region, certain taxes and ancillary fees. If you have separately agreed, other amounts may be deducted from the Fare prior to remittance to you (e.g., vehicle financing payments, lease payments, mobile device usage charges, etc.), the order of those deductions from the Fare to be determined exclusively by Carryon.
Carryon reserves the right to change the Fare Calculation at any time in Carryon's discretion based upon local market factors, and Carryon will provide notice to you in the event of such change that would result in a change in the recommended Fare. Continued use of the Carryon Services after any such change in the Fare Calculation shall constitute your consent to such change.
Carryon and/or its affiliates in the Territory reserve the right to: (i) adjust the Fare for a particular instance of Removalist Services (e.g Removalist fails to properly end a particular instance of Removalist Services); or (ii) cancel the Fare for a particular instance of Removalist Services (e.g., a Customer is charged for Transportation Services that were not provided, in the event of a Customer's complaint, fraud, etc.). Carryon's decision to reduce or cancel the Fare in any such manner shall be exercised in a reasonable manner.
In consideration of Carryon's provision of the Carryon Services, you agree to pay Carryon a service fee on a per Removalist Services transaction basis calculated as a percentage of the Fare (regardless of any Negotiated Fare), as provided to you via email or otherwise made available electronically by Carryon from time to time for the applicable Territory ("Service Fee"). Unless regulations applicable to your Territory require otherwise, taxes will be calculated and charged on the Fare, and Carryon shall calculate the Service Fee based on the Fare inclusive of such taxes. Carryon reserves the right to change the Service Fee at any time in Carryon's discretion based upon local market factors, and Carryon will provide notice to you in the event of such change. Continued use of the Carryon Services after any such change in the Service Fee calculation shall constitute your consent to such change. In addition, you agree to pay Carryon a booking fee in consideration of Carryon's provision of the App and the Carryon Services.
You acknowledge and agree that Customer may elect to cancel requests for Removalist Services that have been accepted by you at any time prior to your arrival. In the event that a Customer cancels an accepted request for Removalist Services, Carryon may charge the Customer a cancellation fee on behalf of your. If charged, this cancellation fee shall be deemed the Fare for the cancelled Transportation Services for the purpose of remittance to you hereunder ("Cancellation Fee"). The parties acknowledge that and agree that this Cancellation Fee is a recommended amount, and the primary purpose of such Cancellation Fee is to act as the default amount in the event you do not negotiate a different amount.
As part of the Carryon Services, Carryon provides you a system for the delivery of receipts to Customer for Transportation Services rendered. Upon the completion of Removalist Services for a Customer by a Removalist, Carryon prepares an applicable receipt and issues such receipt to the Customer via email on behalf of the Removalist. Such receipts are also provided via email or the online portal available to you on the Carryon Services. Receipts include the breakdown of amounts charged to the Customer for Removalist Services and may include specific information about the Removalist.
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Carryon may seek to attract new Customers to Carryon and to increase existing Customer's use of Carryon's mobile application. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
You acknowledge and agree that you are required to complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of Removalist Services as required by applicable law. You further acknowledge and agree you are responsible for taxes on your own income arising from the performance of Removalist Services.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Carryon, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
6.1 your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
6.2 your violation of any rights of any third party, including Removalists arranged via the Application, or
6.3 your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. Carryon will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
Carryon shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Carryon.
Carryon shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Carryon's aggregate liability shall in no event exceed an amount of AUD 100, or, where applicable, the equivalent of that amount in the currency used by you for the payment of the removal services to the Removalist.
The quality of the removal services requested through the use of the Application or the Service is entirely the responsibility of the Removalist who ultimately provides such removal services to you. Carryon under no circumstance accepts liability in connection with and/or arising from the removal services provided by the Removalist or any acts, actions, behaviour, conduct, and/or negligence on the part of the Removalist. Any complaints about the removal services provided by the Removalists should therefore be submitted to the Removalists.
8. License Grant, Restrictions and Copyright Policy
Subject to your compliance with these User Terms, Carryon grants you a limited, non-exclusive, non-transferable license:
1. to view, download and print any Carryon Content solely for your personal and non-commercial purposes; and
2. to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Carryon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Carryon or its licensors, except for the licenses and rights expressly granted in these User Terms.
8.1 License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Carryon shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
You acknowledge that Carryon only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Carryon shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Carryon be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Carryon.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Carryon, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Carryon or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
Carryon reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Carryon believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Carryon.
You agree to promptly notify Carryon in writing of any User Content which breaches these User Terms. You agree to provide to Carryon sufficient information to enable Carryon to investigate whether such User Content breaches these User Terms. Carryon agrees to make good faith efforts to investigate such complaint and shall take such action as Carryon in its sole discretion decides. However, Carryon does not warrant or represent that it will block or remove (in whole or in part) such user Content.
8.2 Application License
Subject to your compliance with these User Terms, Carryon grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
You shall not
8.2.1 license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
8.2.2 modify or make derivative works based upon the Service or Application;
8.2.3 create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
8.2.4 reverse engineer or access the Application in order to
22.214.171.124 design or build a competitive product or service,
126.96.36.199 design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
188.8.131.52 copy any ideas, features, functions or graphics of the Service or Application, or
8.2.5 launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
8.2.6 send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
8.2.7 send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
8.2.8 send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
8.2.9 interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
8.2.10 attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
Carryon will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Carryon may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Carryon has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Carryon reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Carryon, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
8.3 Copyright Policy
Carryon respects copyright law and expects its users to do the same. It is Carryon's policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
8.4 Intellectual Property Ownership
Carryon alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Carryon. Carryon's name, logo, and the product names associated with the Application and Service are trademarks of Carryon, its affiliated companies or third parties, and no right or license is granted to use them.
The Contract between Carryon and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on Carryon's website.
Carryon is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:
9.1 violate or breach any term of these User Terms, or
9.2 in the opinion of Carryon, misuse the Application or the Service. Carryon is not obliged to give notice of the termination of the Contract in advance. After termination Carryon will give notice thereof in accordance with these User Terms.
10 Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
11 Modification of the Service and User Terms
Carryon reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Carryon may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Carryon may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Carryon's account information, or by written communication sent by regular mail to your address on record in Carryon's account information.
You may not assign your rights under these User Terms without prior written approval of Carryon.
14.1 Information that Carryon collects from you
14.1.1 Data provided by users. This includes but without limitation to use profile, background check and identity verification, demographic data, user content, and travel information.
14.1.2 Data created during use of our services. This includes but without limitation to location data, transaction information, usage data, device data, and communications data.
14.1.3 Data from other sources.
14.2 How we use personal data
Carryon uses personal data:
14.2.1 To provide, personalise, maintain, and improve its service
14.2.2 To maintain the safety, security and integrity of its services and Users
14.2.3 To provide customer support, including to investigate and address user concerns and to monitor and improve customer support responses and processes
14.2.4 To enable communications between users
14.2.5 For marketing purposes
14.2.6 For legal proceedings and requirements
15 Applicable law and Dispute Resolution
These User Terms are subject to the laws in your jurisdiction. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, "Disputes") will be settled exclusively by the competent court in your jurisdiction, unless you notify Carryon within one month after Carryon invoking its right pursuant to this provision to commence court proceedings in your jurisdiction, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
16 Final provision
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.