User Agreement

User Agreement / Terms and Conditions

The following describes the Terms & Conditions on which eCustoms Consultancy offers you access to our services.

This User Agreement (“Agreement”) is a contract between you and eCustoms Consultancy, ABN 22 437 315 036 (“eCustoms Consultancy”, “we”, “our” or “us”) and applies to your use of the eCustoms Consultancy service and any related products and services available through www.ecustoms.au or ask-a-customs-broker.com.au (collectively the “Service”).

Each time you use our Service you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies).  You can review the current Agreement prior to initiating a transaction at any time at our User Agreement page. If you disagree with the terms of this Agreement and its Policies, you may cease using the eCustoms Consultancy Service(s).

We may amend and update this Agreement and its incorporated policies (“Policies”) at any time by providing an updated version on the eCustoms Consultancy website(s) and such updated version will be effective at the time we post it. You will be considered as having expressly consented to all changes to the Agreement and its Policies should you continue to use our services after the date of posting.

 

1. Definitions

In this Agreement, the following defined terms will have the following defined meanings:

1.1 “ABN” means the Australian Business Number of the Customer pursuant to the GST Law;

1.2 “ABF” means the Australian Border Force (Australian Customs);

1.3 “Agreement” means this User Agreement;

1.4 “Dept. of Ag” means the Department of Agriculture (Australian Quarantine);

1.5 “eCustoms Consultancy” means eCustoms Consultancy, ABN 22 437 315 036 and its nominees, agents, sub-agents and employees;

1.6 “Assets” mean all assets, goods, documents and records of the Customer which are either the subject of and/or held by eCustoms Consultancy as part of and/or due to the contractual terms and Terms & Conditions for the appointment of eCustoms Consultancy.

1.7 “ATO” means the Australian Taxation Office;

1.8 “Authorisation” means the appointment and authorisation of eCustoms Consultancy to act on behalf of the Customer on the terms and conditions of this Agreement;

1.9 “Authority” means a duly constituted legal or administrative person, acting within its legal powers and exercising jurisdiction within any nation, state, municipality, port or airport;

1.10 “Business Day” means any day that is not a Saturday or Sunday on which banks are open for general banking business in Sydney;

1.11“Carrier” means any party involved in the carriage of Goods whether by airfreight, seafreight or land transport;

1.12 “Customer” means the Customer named in any online submissions via the website or any persons providing payment authorization details and will include all employees, officers, agents and contractors of the Customer.

1.13 “Customs Act” means the Customs Act 1901 (as amended), and any succeeding legislation and any regulations made pursuant to the Customs Act;

1.14 “Customs Consultant” means an authorised agent appointed by the Customer to provide consultancy, logistical and associated Services;

1.15 “Customs Related Law” has the same meaning as in Section 4 of the Customs Act;

1.16 “Debts” means all amounts owing by the Customer to eCustoms Consultancy on any account whatsoever;

1.17 “Fees” means the fees charged by eCustoms Consultancy for provision of the Services;

1.18 “Goods” are any goods or items which are the subject of the Services provided by eCustoms Consultancy to the Customer under this or any other Agreement;

1.19 “Government Authorities” means all Government Departments with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport of those goods, including but not limited to, ABF, Dept. of Ag, and the ATO.

1.20 “GST” has the same meaning as under the GST Law and means the Goods and Services Tax imposed under the GST Law;

1.21 “GST Law” means the A New Tax System (Goods & Services Tax) Act 1999;

1.22 “GST Rate” means the rate of GST under the GST Law;

1.23 “Laws” means any laws or regulations of any of the Commonwealth of Australia, or any of the States, Territories or Municipalities of Australia;

1.24 “Occupational Health & Safety” means the Workplace Health and Safety Act 1995 (WHSA), all associated regulations or guidelines and any other relevant State or national Occupational Health & Safety legislation, regulations or guidelines;

1.25 “Owner” means the company or individual that has clear title to the Goods.

1.26 “Privacy Laws” means the Privacy Act 1988, all associated regulations or guidelines, and any other associated or relevant State or national privacy legislation, regulations or guidelines;

1.27 “Services” are the rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under a contract for or in relation to the performance of work by eCustoms Consultancy for the Customer, to include, without limitation:

(a) to provide general advice in relation to importing, exporting and/or international trade matters.

All advice provided is general in nature and should not be deemed to be legal advice specific to the customers situation.  The customer should seek independent legal advice if such is required.

1.28 “Subcontractor” means any third party appointed by eCustoms Consultancy to assist in the provision of the Services;

1.29 “Supply” means the same as in the GST Law;

1.30 “Website” means eCustoms Consultancy website located at https://www.ecustoms.au and/or https://www.ask-a-customs-broker.com.au.

1.31 “You” or “Your” refers to the customer registered to use the online service (users) or as defined at 1.13.

1.32 “Your Information” means any information you provide to us, which is strictly confidential.

2. Interpretation

2.1 All the rights, immunities and limitations of liability contained herein shall continue to have their full force and effect in all circumstances notwithstanding any breach of any term or condition hereof or any collateral agreement by eCustoms Consultancy and notwithstanding that the Services have been provided, or the agreement having expired or been terminated.

2.2 In the interpretation of this User Agreement the singular includes the plural and vice versa; words importing one gender mean and include the other gender; and words importing corporations mean and include natural persons and vice versa.

2.3 No agent or employee of eCustoms Consultancy or any Customer of eCustoms Consultancy has the authority to waive, modify, vary or amend this User Agreement unless eCustoms Consultancy management approves such waiver, modification, variation or amendment in writing.

2.4 Any provision in this User Agreement which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

2.5 References to clauses are references to clauses in this User Agreement.

2.6 Headings have no effect on interpretation of this User Agreement.

2.7 Terms not defined in this User Agreement will have the same meaning as defined in the Customs Act.

2.8 All services of eCustoms Consultancy whether gratuitous or not are undertaken subject to this User Agreement and not otherwise.

3. Website Usage

3.1 Eligibility. Our Services are only available to individuals or businesses that can form legally-binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), or to persons who are suspended from our Service.

3.12 eCustoms Consultancy provides general information only andis not a common carrier or public utility. eCustoms Consultancy, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the customer.

3.13 Licence. Solely to enable eCustoms Consultancy to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media whether now known or not currently known. eCustoms Consultancy will use and protect Your Information as strictly confidential.

3.14 Privacy and Security. We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of users’ privacy as a very important principle. We understand clearly that you and your information are one of our most important assets. We may store and process your information on computers that are protected by physical as well as technological security devices. You should only log in to your eCustoms Consultancy account on a page which begins with https://www.ecustoms.au or https://www.ask-a-customs-broker.com.au.

3.15 Electronic Communications. You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from eCustoms Consultancy in electronic form. All Communications will be considered to be in “writing,” and to have been received no later than five (5) working days afterdissemination, whether or not you have retrieved the Communication.

3.16 Communications Procedure. Except as explicitly stated otherwise, any notices to eCustoms Consultancy shall be given by postal mail to eCustoms Consultancy, 308 Wattle St, Suite #1071, Ultimo, NSW 2007 (in the case of eCustoms Consultancy) or to the primary email address you have provided to eCustoms Consultancy (in your case).

4. Nature of Services and Fees

4.1 eCustoms Consultancy acts as an agent and never as a principal when providing its services, carrying on business as a Customs Consultancy Agency. All Services provided by eCustoms Consultancy are governed solely by this User Agreement which shall prevail over the Customer’s terms and conditions. eCustoms Consultancy may refuse at its sole and absolute discretion to accept any request for its Services, or where Services may have already been initiated, refuse to continue to provide any further such Services, without assigning any reason and will be held indemnified by the Customer for all liabilities regarding the refusal of eCustoms Consultancy to provide, or continue to provide its Services.

4.2 eCustoms Consultancy services are limited to providing advice relating to international trade matters in accordance with the Customer’s requests and/or instructions.

4.3All advice provided is general in nature and the responsibility and liability of eCustoms Consultancy in respect of any advice provided shall cease absolutely upon completion of consultation.  Allcompliance obligationswith any regulatory requirements are at the sole responsibility and liability of the Customer, regardless of any advice provided by us, including any expenses or costs due to or arising from compliance with any Government Authority.

4.4A consultancy service fee of $75 (ex GST) per 30min (or part thereof), or as listed either on the website or via individual quotation is applicable.

5. Communication with eCustoms Consultancy

Wherever it is necessary, for the purpose of this User Agreement or any other purpose whatever, for instructions to be given to eCustoms Consultancy, such instructions will be valid only if given in writing.

6. Ability to Appoint and Authorise Agents, Sub-Contractors & Third Parties.

Subject to and in accordance with this User Agreement, the Customer hereby employs and authorises eCustoms Consultancy as agent for the Customer to contract with and/or authorise, either as agent for the Customer or in the Customer’s name on their behalf, any third party, sub-contractor and/or agent for the purposes of the performance of all or any part of the Services pursuant to or ancillary to this User Agreement. The customer agrees to be bound by the terms and conditions of any agent, sub-contractor or third party contracted and/or authorised by eCustoms Consultancy to act on behalf of the customer in relation to any services provided by that agent, sub-contractor or third party.

7. Completion of Services

7.1 eCustoms Consultancy reserves complete freedom to decide the manner or procedure to be adopted for any or all of the various acts that will be necessary for the completion of the Services. That discretion will be varied only by instructions delivered by the Customer to eCustoms Consultancy in writing and acknowledged by eCustoms Consultancy in writing in sufficient time before the performance of any service to reasonably allow eCustoms Consultancy to adopt the manner of performing the service required by the special instructions.

8. Payment and Recovery of Fees

8.1 eCustoms Consultancy shall under no circumstances be precluded from raising a debit in respect of any fee or disbursements lawfully due to it, notwithstanding that a previous debit or debits (whether excluding or partly including the items now sought to be charged) had been raised and whether or not any notice was given that further debits were to follow.

8.2 All amounts due to eCustoms Consultancy in Australia are payable in Australian dollars. eCustoms Consultancy is entitled to charge a credit card processing fee of 1.5% for Visa/MasterCard transactions, 4.0% for AMEX transactions and/or a Currency Adjustment Factor (CAF) of 3% when converting to, or from, foreign currencies.

8.3 The Customer shall pay to eCustoms Consultancy by credit card, or as agreed, all sums prior to the Services being provided.  In the event that the Customer subsequently disputes a lawful debit by eCustoms Consultancy on their provided credit card and the debited amount is reversed by the Customer’s bank, eCustoms Consultancy maintains the authority of entitlement to charge dishonour recovery fee of $65 (ex GST) per reversed transaction, in accordance with clause 8.1, to recover merchant dishonour fees ($45) and our re-processing costs ($20).

8.4 Any fees due to eCustoms Consultancy or paid by the customer at the time of lodgement via eCustoms Consutlancy’s website are non-refundable, regardless of whether or not the customer wishes to proceed with the services requested, or if the lodgement was made in error or otherwise.

8.5 eCustoms Consultancy maintains the authority of entitlement to charge any outstanding debits lawfully due to it by any payment means provided to eCustoms Consultancy by the Customer.

8.6 In the event that payment authorisation is provided in a different name to that of the Customer, then the payment authorising person/s will be deemed as joint Customer/swith any other parties defined as a Customer under this agreement, and will thereby be equally subject to all relevant Terms, Conditions and liabilities in accordance with this Agreement.

9. Quotations

Quotation as to Fees and other charges are given on the basis of immediate acceptance and subject to the right of withdrawal or revision by eCustoms Consultancy. Quotations are valid only for the designated services and standard of services quoted. All time frames quoted, either express or implied, are estimations only and although eCustoms Consultancy will on all occasions endeavour to meet such time frames, eCustoms Consultancy is not bound or liable for failure to meet the aforesaid time frames.

10. Goods and Services Tax (GST)

If eCustoms Consultancy is or may become liable to pay GST in relation to any Supply under this User Agreement:

(a) Unless otherwise stated, all charges quoted are inclusive of the GST imposed under the GST Law;

(b) The Customer shall be responsible for payment of any GST liability in respect of the Services as provided by eCustoms Consultancy;

(c) eCustoms Consultancy agrees to provide the Customer with a Tax Invoice to enable the Customer to clam Input Tax Credit.

11. Damages

The Customer must pay to eCustoms Consultancy any costs, expenses or losses incurred by eCustoms Consultancy as a result of the Customer’s failure to pay to eCustoms Consultancy all sums outstanding as owed by the Customer to eCustoms Consultancy including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.

12. Customer Warranties

The Customer (on behalf of itself, the consignor and the consignee) warrants to eCustomsConsultancy that:

(a) it will provide honest and truthful information in relation to the circumstances surrounding any advice sort;

(d) it will maintain as confidential any advice provided by eCustoms Consultancy;

13. Customer Indemnities

13.1 Without limiting the effect of this User Agreement, the Customer agrees to indemnify and keep indemnified eCustoms Consultancy for:

(a) any penalties payable by eCustoms Consultancydue to the Customer:

(i) providing eCustoms Consultancy information that is incorrect or misleading;

(ii) omitting to provide material information;

(iii) failing to provide information or documentation requested by eCustoms Consultancy;

(b) damages payable by eCustoms Consultancy arising from or contributed to by errors or misrepresentations by the Customer;

(c) any losses or damage incurred by the Customer arising due to reliance on any advice provided by eCustoms Consultancy.

(d) any losses or damage incurred by eCustoms Consultancy or arising due to a breach by The Customer of any of the warranties in either clause 12 or this sub clause 13.1;

(e) all time frames quoted by eCustoms Consultancy either expressly or implied, and any liability, expense, loss or damage resulting from eCustoms Consultancy’s failure to meet such quoted time frames;

13.2 The Customer agrees to pay any amounts claimed pursuant to the indemnity in sub clause 13.1 within seven (7) days of demand by eCustoms Consultancy;

13.3 The nature of the indemnity provided pursuant to sub clause 13.1 will include, without limitation, all penalties, liabilities and damages assessed against eCustoms Consultancy and its officers and employees, together with all legal costs incurred by eCustoms Consultancy (calculated on a solicitor and own client basis).


14. Liberties and Rights of eCustoms Consultancy

eCustoms Consultancy shall be entitled (without incurring any additional liability), but shall be under no obligation, to depart from the Customer’s instruction in any respect if eCustoms Consultancy considers there is good reason to do so in the Customer’s interest.

15. Limitation of Liability

15.1 Without limiting the effect of clause 13 to the full extent permitted by law, eCustoms Consultancy, its servants and agents shall not be responsible for loss or damage of any kind whatsoever arising out of the provision of its Services to the Customer (whether caused by negligence or wilful default by eCustoms Consultancy, its servants or agents) and the Customer agrees to indemnify eCustoms Consultancy in respect of any claims made by the Customer, subcontractors or third parties concerning the provision of Services by eCustoms Consultancy and the following matters are expressly covered by this limitation of liability:

(a) any liability to pay amounts to Government Authorities (including, without limitation, Customs Duty or GST) that would not have otherwise been payable or any penalties;

(b) any liability concerning the making of any statement, forecast, information or giving advice in relation to the liability of the Customer to pay any amounts owing to any Government Authorities;

(c) any liability in respect of the loss, misdelivery, deterioration, non-delivery, contamination, evaporation or damage to the Goods or consequential loss arising there from however caused;

(d) loss, damage or delay occasioned by examination of the Goods by any of the Government Authorities;

(e) loss, damage or delay occasioned by treatment of the Goods by any of the Government Authorities (including without limitation, any fumigation or decontamination or other treatment by Dept. of Ag).

15.2 Any liability, expense, loss or damage expressly including but not limited to any storage or detention charges in respect of any delay in eCustoms Consultancy providing its services within quoted timeframes;

16. Indemnity from Liability to Third Parties

The Customer undertakes and warrants that neither it, nor any other party that has an interest in the Goods or Services, shall bring any claims against any party that has provided all or any part of the Services (including any subcontractor, principal, employer, employee or agent of eCustoms Consultancy) and where any such claims are made by the Customer or any other interested party, the Customer undertakes to indemnify all parties against whom the claims are made (including eCustoms Consultancy) against any loss and damage that may be suffered as a result of such claims.

17. Consequential Loss

eCustoms Consultancy shall not be liable in any event for any special, incidental, or consequential damages, including, but not limited to, loss of profits, anticipated income, utility, interest, or loss of market, whether or not eCustoms Consultancy had knowledge that such damage might be incurred.

18. Force Majeure

eCustoms Consultancy shall not be liable to the Customer for any breach or failure to perform its obligations under this User Agreement or any damage or loss to Goods resulting from one of the following:

(a) act of God;

(b) act of war;

(c) act of public enemies;

(d) arrest or restraint of princes, rulers or people, or seizure under legal process;

(e) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general;

(f) riots and civil commotions;

(g) any other cause arising beyond the reasonable control of eCustoms Consultancy, without the actual fault or privity of eCustoms Consultancy and without the actual fault or privity of the agents or servants of eCustoms Consultancy.

19. Termination& Refunds

Where there is a continuing consultancy services agreement between eCustoms Consultancy and the Customer, either party may terminate the provision of Services by notice in writing to the other party.

eCustoms Consultancy endeavours to provide customers with instructions for the customer to follow in order to achieve their desired outcome.  In the event that such instructions are requested by the customer and eCustoms Consultancy is unable to provide this for a particular import scenario, then the customer is entitled to a full refund.

Should the customer be dissatisfied with the services provided, requests for refund must be submitted in writing to greg.park@ecustoms.au within seven (7) days of a customer’s consultancy appointment.  Refund requests received outside this time frame will be void.

20. eCustoms Consultancy Liability

Any claim made against eCustoms Consultancy, its servants or sub-agents is limited to the full extent permitted by law, where that liability has not been expressly excluded or limited by any convention, statute, law or contract. To the extent that the liability of eCustoms Consultancy is limited by any convention, statute, law or contract, and that limitation exceeds the limitation of liability pursuant to this User Agreement then the liability pursuant to that convention, statute, law or contract shall apply.

21. Non-Excludable Rights

In all cases where this User Agreement, statute, international convention or otherwise do not exclude the liability of eCustoms Consultancy, the liability of eCustoms Consultancy whatsoever and howsoever causes shall be limited to whichever is the lesser between the value of the Goods being the subject of the Agreement or Australian $200.

22. Notification Of Liability

Any claim for loss or damage must be notified in writing to eCustoms Consultancy within seven (7) days of completion of eCustoms Consultancy’s Services under this User Agreement. In any event, eCustoms Consultancy shall be discharged from all liability whatsoever in connection with the Services and/or the Goods unless proceedings are served within three (3) months from the completion of eCustoms Consultancy’s Services.

23. Intellectual Property

The Customer acknowledges that eCustoms Consultancy shall retain all copyright and other intellectual property in any documents or things created by eCustoms Consultancy in the course of providing its Services pursuant to this User Agreement.

24. Privacy Act 1988
The Customer hereby authorises eCustoms Consultancy to collect, retain, record, use and disclose consumer and/or commercial information about the Customer, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by eCustoms Consultancy, a debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings.

25. General Matters

25.1 Any notice served by post shall be deemed to have been given on the third day following the day on which it was posted to the address last known to eCustoms Consultancy to be the address of the recipient of the notice.

25.2 The defences and limits of liability provided in this User Agreement shall apply in any action against eCustoms Consultancy whether founded in contract or in tort or howsoever otherwise founded.

25.3 eCustoms Consultancy failure to act with respect to any breach by you or others does not waive our right to act with respect to any subsequent or similar breaches.

25.4 eCustoms Consultancy reserves the right to change, modify or revise these Terms and Conditions at any time by providing an updated version on the Website and such updated versions will be effective at the time we post them. If you disagree with the terms of this Agreement and its Policies, you may immediately cease using our services.

25.5 This User Agreement is governed by the laws of the State of Tasmania and all disputes arising between the Customer and eCustoms Consultancy will be submitted to the Hobart Registry of any Court as is competent to hear the matter.