Terms and

Conditions

The Rocketeer Couriers mobile application (Application) is owned by Rocketeer Logistics Pty Ltd ACN 607 854 071 t/as Rocketeer Couriers ABN 71 607 854 071 (Rocketeer Couriers or we, us and our). The Application provides a platform for customers to access a 24/7 express courier service to send packages from one location to another (Delivery Services) and to pay for their Delivery Services through the Application.

These Terms of use (Terms) govern your use of this Application. Use of this Application constitutes acceptance of these Terms, as may be revised by Rocketeer Couriers from time to time.

By downloading, installing, accessing or using this Application, you acknowledge you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access and use this Application immediately. You must not use the Application in any way other than in accordance with these Terms.

Agreement with Rocketeer Couriers

    • These Terms form a binding legal agreement between Rocketeer Couriers and each person, organisation or entity accessing, viewing or using the Application and Delivery Services, including (referred to as User or You). Please read the Terms carefully. Please contact Rocketeer Couriers using the details at the end of these terms if you have any questions.
    • Your use of the Application indicates that you:
      • have had sufficient opportunity to access the Terms and contact Rocketeer Couriers;
      • have read, accepted and will comply with the Terms;
      • have the legal capacity to enter into a contract for sale; and
      • are 18 years or older.

      If this is not correct, or you do not agree to these Terms, you are not permitted to use any of the Delivery Services.

    • Rocketeer Couriers may amend these Terms from time to time. Your continued use of the Delivery Services or access to the Application following the posting of any changes constitutes acceptance of these changes.
    • Using the Application may be prohibited or restricted in certain countries. If you use the Application outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Application.

Introductory Service Only

      • Users understand that the Application is an initial online platform only, and Rocketeer Couriers’ responsibilities are limited to facilitating the availability of the Application and Delivery Services. Rocketeer Couriers is not a provider of delivery services.
      • Through the Application, Users can post their request for Delivery Services. Delivery Drivers (Drivers) can then accept the customer’s request for Delivery Services.
      • Rocketeer Couriers is not a party to any agreement entered into between a User and a Driver.
      • Rocketeer Couriers have no control over the conduct of Drivers and any other users of the Application and the Delivery Services. Rocketeer Couriers disclaim all liability in this regard as set out in these Terms.
      • Any arrangement between a Driver and User is solely between the Driver and User. It is strictly and expressly not part of the User’s agreement with Rocketeer Couriers.

Additional Terms and Conditions

These Terms supplement and incorporate:

  • Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein (Apple Terms);
  • the Stripe Payments Australia Pty Ltd Terms and Conditions (Stripe Terms);
  • Twilio Inc. Terms and Conditions (Twilio Terms).

If any of the provisions of the Apple Terms, the Stripe Terms, the Twilio Terms or any applicable Rocketeer Couriers Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Application.

Online Registration

    • Access to the Application will require a User to register for an account (Account).
    • Basic information is required when registering for an Account. Each User is required to provide certain information including name, email address, physical address, mobile number and a valid payment method supported by Rocketeer Couriers. They must also select a username and password.
    • Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Rocketeer Couriers reserve the right to suspend or terminate any Account and a User’s access to the Application if any information provided to Rocketeer Couriers proves to be inaccurate, not current or incomplete.
    • Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Rocketeer Couriers reserve the right to suspend or terminate any Account and a User’s access to the Application if any information provided to Rocketeer Couriers proves to be inaccurate, not current or incomplete.
    • To keep information secure and confidential, We use SSL Certificates to establish an encrypted link between a server and a User. Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use.
    • The User will immediately notify Rocketeer Couriers of any unauthorised use of its Account.
    • A User can deactivate their Account at any time via the Application.

Bookings

      • Users make a request for Delivery Services (Request) from their Account. Users must provide the true and correct information about their package, pick up location, delivery location and receiver details as requested by the Application.
      • Users must select the appropriate vehicle size for their delivery based on the specifications provided by the Application.
      • Larger delivery packages over a certain weight, as specified on the App, require a person at the delivery location to assist with the transportation of the package from the Driver’s vehicle. If the equipment was required at the pick-up location to load the package onto the Driver’s vehicle, there must be equivalent equipment at the delivery location to unload the package.
      • Rocketeer Couriers are not responsible for any loss suffered by any User or Driver as a result of incorrect information entered by the User.
      • When a Driver accepts the Request, the User will be notified and booking will have been made (Booking).
      • Users may cancel their Booking within 5 minutes of the Booking has occurred and they will not be charged for the Delivery Service.

Ratings

        • Users and Drivers may give each other a star rating (Rating) and leave written feedback (Review). This determines their respective popularity, reliability and professionalism.
        • A User can view the Rating and Review of a Driver and a Driver can view the Rating and Review of a User. Subject to this clause, Ratings and Reviews will remain viewable until the relevant Driver’s Account is removed or terminated.
        • Users and Drivers must provide true, fair and accurate information in their Reviews.
        • If, in Rocketeer Couriers’ reasonable assessment, the Review and/or Rating is untrue, unfair, inaccurate, offensive or inappropriate, Rocketeer Couriers may delete the Review and/or Rating or ban the User or Driver from posting the Review and/or Rating. We do not undertake to review each Review and/or Rating made by a User or Driver.
        • To the fullest extent permitted by law, Rocketeer Couriers are not responsible for the content of any Reviews and/or Ratings.

Online Payment

          • Downloading, registering and creating an Account with the Application is free.
          • Users will be charged a fare for each Delivery Service (Fare). The Fare will comprise:
            • a minimum base fare for the first 10km travelled by the Driver when performing the Delivery Services, calculated based on the size of the Vehicle chosen by the User in accordance with clause 5(b);
            • a metered fare thereafter, calculated by reference to distance travelled, size of vehicle and time taken to complete the Delivery Services;
            • if applicable, out of hours surcharge fee;
            • if applicable, toll charges incurred during the Delivery Services; and
            • online payment processing fees.
          • The Fare will be provided when the Booking is made and is a fixed fee, not an estimate. At the time the Booking is made, the User’s debit or credit card will be pre-authorised for the amount of the Fare.
          • In addition to the Fare, a User may be charged the following additional charges:
            • Cancellation: If a User cancels a Booking 5 or more minutes after the Booking is made, a cancellation fee comprising of the Fare, will be charged by Rocketeer Couriers to the User;
            • Incorrect Vehicle Selection: If a User makes an incorrect vehicle selection in accordance with clause 5(b), an incorrect vehicle selection fee as set out on the Application will be charged by Rocketeer Couriers to the User, and Rocketeer Couriers will cancel the Booking.
          • Each User agrees to pay the applicable fees in the currency specified on the Application.
          • Goods and Services Tax (GST) will be charged where applicable.
          • Rocketeer Couriers uses a third party service provider, currently Stripe Payments Australia Pty Ltd (Stripe), to provide payment services acting as a payment facilitator and an agent on behalf of Rocketeer Couriers.
          • By using the Application you hereby consent and authorise Rocketeer Couriers to share any information and payments you receive, to the extent required to complete your transaction with Stripe or any other third party service providers.
          • Users may pay for the Services by debit or credit card. The payment of the Fare will be processed upon the completion of Delivery Services and will be held for 48 hours before being transferred to the Driver and other relevant parties.
          • The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.
          • In the absence of fraud or mistake, and subject to clause 5(e), all payments made are final and you shall not have the right to cancel your purchase for any reason.
          • If you make a payment by credit card, you warrant that the information you provide to Rocketeer Couriers is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.
          • ‘Rocketeer Couriers’ pricing structure or payment methods may be amended from time to time in our sole discretion. After a pricing change, each User has the choice to continue using the Application, or to cease to use the Application without penalty.

Offers and Promotions

            • Rocketeer Couriers may, from time to time, make offers or promotions which may be applicable to the Delivery Services.
            • The conditions of such offers or promotions will be specified on the Application.
            • Each User agrees that offers of promotions:
              • must be used for the intended audience and purpose, and in a lawful manner;
              • may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Rocketeer Couriers;
              • may only be used according to the specific terms that Rocketeer Couriers establishes for such offer or promotion;
              • are not valid for cash; and
              • may expire before use.
            • The User acknowledges and agrees that Rocketeer Couriers may, at its sole discretion, remove or extend any offers or promotions, and Rocketeer Couriers will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

Dispute Resolution

    • By using our Application, each User agrees that any legal remedy or liability that the User may seek to obtain for actions or omissions of a Driver, or other third parties, will be limited to a claim against the Driver or other third parties, who caused harm to the User. Rocketeer Couriers encourage Users to communicate directly with the relevant Driver or third party to resolve any disputes.
    • Rocketeer Couriers welcome feedback from its Users. Rocketeer Couriers seek to resolve concerns quickly and effectively. If any User has any feedback or questions about the Application, please contact Rocketeer Couriers.
    • If there are any complaints from a User against Rocketeer Couriers, Rocketeer Couriers will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with our response, the User and Rocketeer Couriers agree to the following dispute resolution procedure:
      • The complainant must tell Rocketeer Couriers in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Rocketeer Couriers agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).
      • If a resolution cannot be agreed upon at the Initial Meeting, either the User or Rocketeer Couriers may refer the matter to a mediator. If the User and Rocketeer Couriers cannot agree on who the mediator should be, the complainant will ask the Law Society of Tasmania to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
    • Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

Intellectual Property

    • Our Application contains material which is owned by or licensed to us (or our affiliates and/or third-party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the Application. Rocketeer Couriers, the Rocketeer Couriers logo, and other Rocketeer Couriers material used in connection with the Application are unregistered or registered trademarks of Rocketeer Couriers (collectively Rocketeer Couriers Marks).
    • Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Rocketeer Couriers Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Rocketeer Couriers (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and Application; trade, business company or organisation names; internet domain names; and Content, images and layout.
    • You agree that, as between you and us, we own all Intellectual Property rights in the Application, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Application. The Application is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Rocketeer Couriers or the owner of the Content.
    • Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively Third Party Marks).
    • The Intellectual Property, Rocketeer Couriers Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Rocketeer Couriers or the applicable trademark holder.
    • Users do not obtain any interest or licence in the Intellectual Property, Rocketeer Couriers Marks or Third Party Marks without the prior written permission of Rocketeer Couriers or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

User Licence

    • Subject to these Terms, Rocketeer Couriers grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Application for the User’s own personal and/or non-commercial use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Application in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Rocketeer Couriers prior written consent.
    • The right to use the Application is licensed to the User and is not being sold to the User. The User has no rights in the Application other than to use it in accordance with these Terms.
    • These Terms and User Licence govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

User Warranties

    • By using our Application, you warrant that you possess the legal capability and authority to enter into the Terms and to use the Application in accordance with the Terms; any registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and your use of the Application does not violate any applicable law or regulation.
    • As a condition of your use of the Application, you agree to abide by the Terms; not to provide the Application to any third party; that Rocketeer Couriers has the right to refuse you any and all current or future use of the Application and that Rocketeer Couriers reserves the right to include or exclude entry to, or remove a User from the Application.

User Information and Security

    • The Application may require the transmission of information provided by the User including User names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers) and images (User Information).
    • If the User uses such Application functionality, the User consents to the transmission of User Information to Rocketeer Couriers, its agents and/or service providers and authorises Rocketeer Couriers, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality.
    • User Information is stored securely. If Rocketeer Couriers are aware of a breach of security, Rocketeer Couriers will notify affected Users and we will cooperate with authorities regarding the breach.
    • The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the Application, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
    • The User agrees to immediately notify Rocketeer Couriers of any unauthorised transactions or breach of security associated with the Application. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorised or fraudulent transactions associated with the Application.

Acceptable Use and Prohibited Use

    • The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, or Intellectual Property.
    • The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Application and Delivery Services.
    • The User must not post, upload, publish, submit or transmit any content that:
      • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
      • is fraudulent, false, misleading or deceptive;
      • denigrates Rocketeer Couriers, the Application, Delivery Services or Drivers;
      • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
      • is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      • is violent or threatening or promotes violence or actions that are threatening to any other person; or
      • promotes illegal or harmful activities or substances.
    • In connection with the User’s use of the Application, the User may not and agrees that it will not:
      • use the Application for any commercial or other purposes that are not expressly permitted by these Terms;
      • register for more than one Account or register for an Account on behalf of another individual and/or entity;
      • use the Delivery Services to find a Driver and then complete, or assist another individual in completing, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Rocketeer Couriers provision of the Services;
      • upload any content (including but not limited to User Information) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User;
      • submit any false or misleading information;
      • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
      • copy, store or otherwise access any information contained on the Application for purposes not expressly permitted by these Terms;
      • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
      • use the Application to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
      • use the Application in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
      • stalk or harass any other user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Application;
      • use, display, mirror or frame the Application, or any individual element within the Application, Delivery Services, Rocketeer Couriers’ name, any Rocketeer Couriers trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Rocketeer Couriers’ express written consent; or
      • advocate, encourage, or assist any third party in doing any of the foregoing.
    • Each User warrants that in using the Delivery Services, he or she has lawful authority to authorise a Driver to collect, transport and delivery the item in accordance with the details of the relevant Request.
    • Each User warrants that each item for which a Request is made, including any packaging, will not cause damage or injury to any person or property in the course of ordinary carriage, storage and transportation of the item.
    • The User acknowledges and accepts that it is his or her sole responsibility to arrange insurance for any loss or damage to the item independently, including any loss or damage arising out of a delay in the collection or delivery of the item or in connection with the storage of the item during transit, and that Rocketeer Couriers does not offer any insurance in relation to the loss or damage to the item.
    • The User will ensure that that there is an authorised person at both the pick-up and drop-off addresses to sign as evidence of pick-up or drop-off and that the item to be delivered is suitable, safe to be carried, stored and transported.
    • The User acknowledges that if a Driver considers that the Delivery Services will enable an unlawful activity (for example a Driver is requested to deliver alcohol to underage persons), the Driver may refuse to complete the Delivery Services (for example refuse to deliver the alcohol to the underage persons).
    • The User agrees that it will not request Delivery Services for items which are:
      • people, animals or any other living creature of any kind;
      • stolen or illegal items or items which the User does not know are not stolen or illegal items;
      • fragile or perishable;
      • valuable items;
      • noxious, flammable, corrosive, poisonous, explosive or other dangerous items, including items that have been deemed or defined as dangerous under any law or regulation;
      • contain illicit drugs, fireworks, weapons of any description or firearms;
      • hazardous regardless of whether the risk of such hazard can be reduced or controlled if the item is handled or packaged properly; or
      • contain chemicals, gasses, poisons or toxins, toxic waste, radioactive materials, organic peroxides, oxidising substances, bacteria, viruses, infectious or biological substances, human tissue or any other living organisms and specimens.

Consumer Guarantee

    • Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
    • If you are a consumer as defined in the ACL, the following applies to you: “We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. You are entitled to a replacement or refund for a major failure and for compensation for any reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and that failure does not amount to a major failure. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.”
    • Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
    • Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Disclaimers

    • Rocketeer Couriers does not provide delivery services. It is up to the Driver to decide whether or not to provide Delivery Services to a User based on the Request made through the Application. Rocketeer Couriers cannot ensure that a Driver will accept a Request or complete an arranged Delivery Service once a Booking is made.
    • The Delivery Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. Rocketeer Couriers do not guarantee and do not promise any specific results from use of the Delivery Services, including the ability to provide or receive Delivery Services at any given location or time.
    • Rocketeer Couriers cannot guarantee that each Driver is who he or she claims to be and provides no background checks on Drivers. Please note that there are also risks of dealing with underage persons or people acting under false pretence, and Rocketeer Couriers do not accept responsibility or liability for any content, communication or other use or access of the Delivery Services by persons under the age of 18 in violation of these Terms.
    • Rocketeer Couriers accept no responsibility for and make no representations or warranties to the User or any other person or entity as to the reliability, accuracy or completeness of the information contained on the Application. Rocketeer Couriers disclaim any and all liability related to any and all Drivers, and Delivery Services.
    • By using the Application or Delivery Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of Drivers or other third parties will be limited to a claim against the Driver or other third party who caused it harm. Rocketeer Couriers encourages the User to communicate directly with the relevant Driver or third party regarding any communications or arrangements made between them and to resolve any dispute between them.
    • To the fullest extent allowable under applicable law, Rocketeer Couriers disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Application or Delivery Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
    • For the avoidance of doubt, Rocketeer Couriers is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Rocketeer Couriers advises that all Users using the Application and Delivery Services should seek advice in relation to these matters.
    • Rocketeer Couriers excludes all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
      • Rocketeer Couriers expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
      • Rocketeer Couriers does not warrant that the Application, the Services, content on the Application, or the User’s access to the Application or the Delivery Services will be error-free, that any defects will be corrected or that the Application or the server which stores and transmits material to the User is free of viruses or any other harmful components; and
      • Rocketeer Couriers will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Application, Delivery Services, content on the Application, inability to access or use the Application, the Delivery Services or the Terms, even if Rocketeer Couriers was expressly advised of the likelihood of such loss or damage.
    • The User agrees not to attempt to impose liability on, or seek any legal remedy from Rocketeer Couriers with respect to such actions or omissions.

Limitation of Liability

    • To the extent permitted by law, Rocketeer Couriers total liability arising out of or in connection with the Application, the Delivery Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Rocketeer Couriers re-supplying the Delivery Services to the User, or, at Rocketeer Couriers option, refunding to the User the amount it paid for the Services to which its claim relates. Rocketeer Couriers’ total liability to the User for all damages in connection with the Delivery Services will not exceed the price paid by the User under these Terms for the 2 month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
    • The limitations of damages set forth above are fundamental elements of the basis of the bargain between Rocketeer Couriers and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
    • This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms are to the benefit of Rocketeer Couriers.

Indemnity

    • By using the Application, you agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Application; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
    • We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
    • This defence and indemnification obligation will survive these Terms and your use of the Application. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Rocketeer Couriers without restriction.

General

    • Accuracy: While Rocketeer Couriers will endeavour to keep the information up to date and correct, Rocketeer Couriers make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Application for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Rocketeer Couriers expressly exclude any liability for such to the fullest extent permissible by law.
    • Governing Law and Jurisdiction: This Application is governed by the laws of Tasmania and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Tasmania.
    • Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
    • Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
    • Termination:Rocketeer Couriers reserves the right to refuse supply of the Delivery Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Application, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If Rocketeer Couriers decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (i) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Application, Delivery Services, its Account or its User Information; (ii) any pending or future booking of Delivery Services will be immediately cancelled; (iii) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account.
    • Fraudulent Activities: Each Driver acknowledges and agrees that, in the event Rocketeer Couriers reasonably suspects that there are fraudulent activities occurring within the Application and the provision of the Delivery Services, Rocketeer Couriers reserve the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
    • Force Majeure: Rocketeer Couriers will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
    • Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    • Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Rocketeer Couriers of any of the Terms shall be effective unless Rocketeer Couriers expressly state that it is a waiver and Rocketeer Couriers communicates it to the User in writing.
    • Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Rocketeer Couriers’ prior written consent. These Terms, and any rights and licences granted hereunder, may be assigned by Rocketeer Couriers without restriction.
    • Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

For any questions or notice, please contact us at:

Rocketeer Logistics Pty Ltd ACN 607 854 071 t/as Rocketeer Couriers ABN 71 607 854 071

Level 2, 162 Macquarie Street Hobart

Tasmania 7000

Email: info@rocketeercouriers.com