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 who 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
Your contracting partner is Carryon Pty Ltd ("Carryon"), 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".
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 other payment 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 send a request for removal service to a Removalist. 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 Removalist. The Removalist has sole and complete discretion to accept or reject each request for transportation service. The Removalist also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Removalist accepts a request, the Application notifies you and provides information regarding the Removalist - including its name, vehicle license number, and customer service rating - and the ability to contact the Removalist by telephone. The Application also allows you to view the Removalist's progress towards the pick-up point, in real time.
Carryon shall procure reasonable efforts to bring you into contact with a Removalist in order to obtain transportation services, subject to the availability of Removalist in or around your location at the moment of your request for removal services.
For the avoidance of doubt: Carryon itself does not provide removal services, and Carryon is not a removalist company. It is up to the Removalist to offer removal services, which may be requested through the use of the Application and/or the Service. Carryon only acts as intermediary between you and the Removalist. The provision of the removal services by the Removalist to you is therefore subject to the agreement (to be) entered into between you and the Removalist. Carryon shall never be a party to such agreement.
4. Use of the Service and the Application
You 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;
4.16 You consent to the recording, at any time during the removal service, of all communications between you and the Removalist, and waive any further notice of such recording; and
4.17 You acknowledge and agree that prior to requesting the removal service, you shall declare the total value of your goods if it exceeds AUD$50,000. In the event that the total value of the goods exceeds AUD$50,000 and you fail to declare the value, the Removalist who has accepted your request has sole and complete discretion to reject your request for removal service and any payment made is non-refundable. You further acknowledge and agree that in the event your request is accepted by a Removalist, 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.
5. Payment
The use of the Application and the Service is free of charge. Carryon reserves the right to introduce a fee for the use of the Application and/or the Service. If Carryon decides to introduce such a fee, Carryon shall inform you accordingly and allow you to either continue or terminate the Contract.
The rates that apply for the removal services by the Removalist can be found on the Website and through the Application. These may be modified or updated by Carryon from time to time. It is your own responsibility to remain informed about the current rates for the removal services.
Carryon shall charge you for the removal services provided to you by the Removalist on behalf of the Removalist and all charges are due immediately. You agree that you will pay for all removal services you purchase from the Removalist, and that Carryon may charge your credit card account as provided by you or via your nominated payment method when registering for the Service for the removal services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Carryon with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
Carryon uses a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Carryon is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Carryon will obtain certain transaction details, which Carryon will use solely in accordance with its Privacy and Cookie Notice.
Carryon may, in Carryon's sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Services and/or a third party provider's services, subject to any additional terms that Carryon establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Carryon; (iii) may be disabled by Carryon at any time for any reason without liability to Carryon; (iv) may only be used pursuant to the specific terms that Carryon establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Carryon reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Caryon determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these terms.
6. Indemnification
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.
7. Liability
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 indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use (or inability to use) of the Website or Application, 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 not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Carryon has been advised of the possibility of such damages. Carryon shall not be liable for delay or failure in performance resulting from causes beyond Carryon's reasonable control.
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
8.2.4.1 design or build a competitive product or service,
8.2.4.2 design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
8.2.4.3 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.
9. Termination
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.
12 Notice
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.
13 Assignment
You may not assign your rights under these User Terms without prior written approval of Carryon.
14 Privacy Policy
14.1 Information that Carryon collects from you
Carryon collects:
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
14.3 Changes to privacy policy
Any changes to the Privacy Policy will be posted to the Application and, where appropriate, through e-mail notification.
15 Applicable law and Dispute Resolution
These User Terms are subject to the laws of 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.