Thank you for accessing and using https://www.australiagoldinternational.com. The following constitutes our terms of use including any and/or all of the documents expressly incorporated by reference, including our Privacy Policy, collectively referred as our “Terms and Conditions”, which governs your access and use of our Website including its functionality, content, products and service, as well as any of its incidental offers included herein.

The following Terms and Conditions are applicable to the transport of pre-packed goods arranged on your behalf by our team of distributors and sales agents who are dedicated in fixing your international business needs. This Terms and Conditions cover the necessary agreement between Australia Gold International Pty Ltd and our customers through https://www.australiagoldinternational.com in availing our Shipping Solutions (our “Services”) which covers the following but are not limited to: Services Provided, Shipping Policy, Limitation of Liability and Claims arising out of the transaction.

Please read carefully our Terms and Conditions before beginning to access and/or use our https://www.australiagoldinternational.com, and by accessing, using the site, including browsing or mere submission of information to this Website, you knowingly acknowledge that you have read fully, understood, and agreed to be bound with our Terms and Conditions, and in addition thereto, comply with all applicable country, state, federal laws and regulations.

You likewise agree that this Terms and Conditions together with your act of using https://www.australiagoldinternational.com, have the same legal effect as that of a written contract, with your signature duly affixed, satisfying any laws which requires writing or signature, including any statute of frauds. In addition, you agree that in no instance shall you challenge the validity, enforceability, or admissibility of our stated Terms and Conditions on the basis that it was electronically authorized or transmitted.

Should you not agree to be bound by our Terms and Conditions, you must immediately refrain from accessing or using our Website. Australia Gold International have all the rights to revise, amend, or update our Terms and Conditions at any time without prior notice to our customers.  You are therefore encouraged to visit our Website from time to time in order for you to be updated with any changes to our Terms and Conditions. We will endeavour to post in our Website any changes at the earliest opportune time and you may also check this section regularly for any incorporated changes since your use of our Website indicates your acknowledgement to be bound by our most recent Terms and Conditions provided during the time of your use.

I.          Definition of Terms

A.        “Australia Gold International Pty Ltd”,“we”, “us”, “our” means Australia Gold International Pty Ltd ABN 46 620 754 823, its related distributors, agents, employees, and independent contractors;

B.        “you” and “your”, means our customer or that person or party who engages us to provide Services;

C.        “Goods” means the product, items, documents, or other packages accepted by Australia Gold International Pty Ltd for transport under this contract of carriage;

D.        “Market Value” is the price that would be negotiated in an unrestricted and open market between a knowledgeable, willing but not compelled to buy buyer and a knowledgeable, willing but not compelled to sell seller acting at arm’s length;

E.        “Online Self-Service” means the automated online ordering and payment system through https://www.australiagoldinternational.com for services provided or to be provided by us in connection with the transport of Goods including without limitation to the carriage, transport, storage of the Goods or any operations or services incidental thereto;

F.         “Prohibited Online Goods” means those Goods classified by Australia Gold International Pty Ltd to be incompatible for transport through our automated Online Self-Service system and which are not acceptable for carriage and must not be booked and sent through our Online Self-Service system through our Contact Page;

G.        “Freight plus Warranty” is an extended service option which, subject to these Terms and Conditions, includes you obtaining a third party warranty for physical loss or damage of the Goods whilst in our care, custody or control;

H.        “Sub-Contractor” includes any person who under an agreement with any person, whether us or not, performs the Services or any part thereof;

I.          Words denoting the singular also includes its plural and vice versa; any gender includes the other; persons include corporations and bodies politic and include their legal personal and representative rights.

II.         Services and Pricing

Australia Gold International Pty Ltd offers an ordering and payment system available to our customers for a limited range of Services. Collections and deliveries of Goods takes place during business days. A customer must suitably package the Goods for carriage in accordance with this contract of carriage. Australia Gold International Pty Ltd will not accept carriage of Prohibited Goods which may be classified as such based on their weight, value, size, fragility and nature of the Goods wherein you need to check with us when in doubt as to whether your shipment is prohibited or not, before arranging for an online booking. Transport of Prohibited Online Goods may be arranged with Australia Gold International Pty Ltd Service Centre.

Our methods of carriage includes road, air via express courier services, and sea shipping services with such Services being selected by you as part of our booking process. As a rule, Australia Gold International Pty Ltd will give priority to the chosen mode of carriage but if that method could not be conveniently arranged by us, you are deemed to authorize us to carry or have your Goods carried by any other appropriate method or methods.

Online Self-Service involves an express courier delivery service under which we collect the customer’s packed Goods from his/her premises and delivered the same to the nominated destination. Delivery to some remote locations may not be possible, as such, we require the recipient to collect the Goods at a local depot or in an alternative delivery location. This Online Self-Service may be availed by sending us the needed information and request through our Contact Page. It does not however provide flexibility for you to nominate a collection or delivery time slot for any given business day. Australia Gold International Pty Ltd offers a Drop-Off Service and a Hold for Collection Service for our customers allowing them to:

A.        Drop off or lodged your packed Goods and pay the corresponding fees during our service centre operating hours to avoid waiting for our drivers to collect the Goods at your premises; or

B.        Consign your packed Goods for delivery to a chosen alternative delivery location to be conveniently collected by your recipient or through our local depot during operating hours.

The estimate given to you through our Contact Page is based on the consignment details you have provided online. Australia Gold International Pty Ltd will reassess the fees upon receipt of the actual Goods. Our charges are based on the actual weight or volume of your Goods rounded up to the next whole kilogram for purposes of calculating weight.

Apart from our delivery charge, we may charge surcharges and fees as published in our Website. Surcharges may apply to your credit card or PayPal account used to complete the transaction. The following surcharges may also apply:

A.        A correct weight or dimension charge may apply when the weight or dimension of your packed Goods reweighed or remeasured and they are calculated as being different to that provided during your online booking;

B.        A Prohibited Online Goods Return Charge may be applied to any items that are classified as a Prohibited Online Good on our Website but nonetheless was booked by you through our Contact Page. Should we deem during carriage that your item is a Prohibited Online Good, we will held said item for your collection or we may likewise return it to you.

C.        A Cancellation Charge may apply should you cancel a confirmed booking.

D.        We may charge a Booking Alteration Charge for any alteration requested on your confirmed booking such as a change of the recipient or delivery address.

E.        A Futile Booking Charge may apply if no one is available to dispatch your booked Goods on your chosen pickup date; if the driver refuses to pick up the Goods as it was not package correctly for transport; failure to release to the driver the booked Goods on your nominated pickup date.

F.         Waiting Dispatch Charge may apply for any delay in excess of 15 minutes in loading your Goods other from our own default. The allowed delay commences the moment our driver has reported for loading the Goods.

G.        Return Charge may apply where an initial delivery attempt to the nominated address has been undertaken but delivery cannot be completed to the recipient, then your shipped Goods may be returned to you and you will be charged for the return delivery.

H.        Re-delivery charge will occur when an initial attempt to deliver the consignment fails and the Goods are returned to our depot for further processing which requires a subsequent delivery or customer pick up from our depot or post office on a different working day.

I.          Proof of Delivery Charge will apply to any customer who wishes to have a hard copy Proof of Delivery.

J.         A Paperwork Charge will apply if any paperwork is required to be completed by Australia Gold International Pty Ltd because the customer failed to print or complete the required documents.

K.        We will apply a packaging Service Charge whenever the customer fails to package the Goods correctly for transport.

L.         Manual Handling Charges may apply if the Goods are not compatible with automated conveyor systems and require additional manual handling.

M.        A Storage Charge applies whenever you elect to consign your packed Goods for delivery to our nearest depot in order for the recipient to conveniently collect the goods during our operating hours. A customer will be required to pay storage fees for each day should the recipient fails to collect the Goods within 5 working days. The Goods will only be released upon payment in full of applicable charges.

Australia Gold International Pty Ltd accepts your Goods for carriage on the following conditions:

A.        That you lawfully own the Goods subject for carriage and is using a payment method registered under the customer’s name;

B.        That the Goods have been prepared and safely packed by the customer to a standard provided in or Website with the outer packaging and internal cushioning adequate to protect the Goods against compression, short drops, shock, and vibration during handling, sortation, transport and storage.

C.        That you have printed and securely pasted Australia Gold International Pty Ltd consignment label to the packed Goods prior to our collection;

D.        That you have completed the required documentation required for international delivery and shall provide the same to the driver upon collection;

E.        That the Goods to be shipped is in compliance with any applicable law relating to the nature, condition and packaging and that whatever charges incurred by us as a result of these legal requirements shall be paid by you;

F.         That if any of your Goods are subject to customs control, all customs duties, taxes, penalties, storage charges, or other expenses resulting from your actions or those of any governmental agencies or your failure to provide and or obtain the proper documentation or license or permit will be paid by you entirely or the recipient of such Goods prior to release;

G.        That you have fully and adequately described the Goods including any undertaking required;

H.        That you acknowledge we are not liable for any goods containing any prohibited items such as chemicals, drugs and other illegal or controlled items and that you are shipping your Goods at your sole risk;

I.          That you are responsible for the information you have entered in booking our Services and you will not hold us responsible for any wrong information you provide us and any delay this may cause;

J.         That Australia Gold International Pty Ltd does not guarantee transit times as any transit times provided are mere estimates and beyond the company’s control;

K.        The customer is responsible for ensuring the accuracy of the details completed and displayed on each parcel, Australia Gold International Pty Ltd will not be liable if the Goods are delivered with the details incorrect or placed on the incorrect parcel;

L.         That the person booking our Services is the owner of the Goods or is an authorised agent by such owner to act on the terms of this contract and as our customer, you agree to indemnify us for any liability we may incur to any party as a result of providing you with your requested Services;

M.        The customer shall immediately inform Australia Gold International Pty Ltd of any known registered security interests in the Goods and acknowledge that the company will have a security interest over any assets which are the subject of the contracted Services in our possession and acknowledge and consent to the registration and protection of the interest under the Personal Property Securities (Cth) as amended; and the customer will indemnify us for any losses or damage resulting from a breach of any of these provisions; and

N.        The customer shall be solely liable for any damages caused in transit to other shipments or property resulting from sending any prohibited Goods.

In an event that Australia Gold International Pty Ltd deems it proper, you authorise us to arrange with a sub-contractor for the carriage of any Goods which is the subject of this contract. Any arrangement is deemed ratified by you upon our delivery of your Goods to the said sub-contractor.

You are deemed to authorise any deviation from the usual route or manner of carriage of Goods which may be deemed reasonable or necessary in our own absolute discretion as guided by the prevailing circumstances.

You thereby authorise us to contract with sea or air carriers under bills of lading or air waybills and in so doing, we will at all times act as your agent and you will be bound by the terms and conditions of any such bill of lading or air waybill as if it is personally entered by you.

In circumstances where you elect a particular person to receive your Goods and said person is not available or present at the address provided by you during office hours when delivery is attempted, we may at our discretion:

A.        Attempt another delivery which may incur additional charges or each attempted delivery until the said is successfully completed; or

B.        Deliver your Goods to an alternative location for collection by your nominated recipient. We will endeavour to communicate any important details of the shipment and its delivery as soon as practicable.

Should you choose to be not in attendance when the Goods are delivered, then the same may be left without receipt at the nominated address. If delivery has not been successful after several attempts, or when the recipient refuses to accept the same, we will endeavour to contact you on the details you have provided and thereby agree to our next appropriate action. All reasonable costs incurred as a result are to be paid by the customer associated in forwarding, storing, returning or disposing the subject Goods.

The customer acknowledge that the recipient may alter the delivery address and/or the method of delivery directly with a sub-contractor without the need for referral or authority from the customer. By agreeing to these Terms and Conditions or the absence of any direct instruction on the contrary, you are deemed to have fully accepted responsibility for any resulting consequence.

Australia Gold International Pty Ltd do not guarantee to stop any Goods in transit pursuant to your request although we will endeavour to do so. We will not be liable for any claim relating to Goods you have requested to be stopped in transit or returned but is nonetheless not stopped or was delivered to the nominated recipient.

III.        Risk of Loss during Shipping

Australia Gold International Pty Ltd will ship your Goods as soon as we have verified your payment through our system. Please note that we may change our preferred logistic partner at any time without consultation with our customers or prior notice, to ensure quality and timely shipment of your Goods. Any Goods shipped from Australia Gold International Pty Ltd is a result of a shipment contract. As such, once your Goods has been dispatched successfully to any of our logistic partner, the risk of loss is shifted or passes to the Customer until the Goods is delivered by FedEx, Australia Post, UPS, or other common carrier. From the moment the Company has given you the tracking number and shipment confirmation, you acknowledge that Australia Gold International Pty Ltd is no longer responsible for any late, damage, lost, or misdirected shipment.

IV.       Added-Safety Protection

Australia Gold International Pty Ltd cannot and does not in any way guarantee that your shipment will not be accidentally damaged, lost, or misplaced while in the possession of the shipping carrier, nor can we assume any risk associated with the loss, damage, or misplacement of your Goods while in transit.

Since the risk of loss remains with the Customer during transit, the Customer will likewise bear all responsibility for loss or damage of the Goods until such recipient receives the Goods from our logistic partner, and shall resort to the latter any damage on the Goods as a result of its shipment.

Should you desire to purchase an Added-Safety Protection, you may do so at your own expense which may cover you for complete package loss or misdirection while in shipping carrier’s possession. The Customer likewise acknowledge that this Added-Safety Protection is only optional and may be taken by the Customer from a third-party provider.

V.        Disclaimer of Warranties

All warranties are disclaimed whether arising out of law, statute, and course of our dealings, trade usage, or any other fiduciary relationship. Australia Gold International Pty Ltd likewise make no warranties with regards to our accuracy, reliability, completeness, functionality, timeliness, quality, speed, or accessibility of any of the information supplied which makes up the content of our Website.

The Company does not likewise warrant that the Website shall at all times be operational, secure, error-free, or virus free. To the extent that some jurisdiction does not permit us to disclaim warranties in the ways enumerated and described above, we therefore disclaim any warranties in so far as are applicable to the full extent warranted by applicable law.

VI.       Limitation of Liability

To the extent permitted by law, the Customer hereby releases Australia Gold International Pty Ltd, together with its Directors, Employees, Officers, Agents, Contractors, and Representatives from all liability associated with this contract of carriage.

The Customer also acknowledge that in no event shall Australia Gold International Pty Ltd together with its Directors, Employees, Officers, Agents, Contractors, and Representatives be liable for damages of any kind under any legal theory or under any equitable theory arising out of, or in connection with the Goods, or access to our Website which includes any direct, indirect, special, incidental, punitive, or consequential damages including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, clinical assessment outcomes, loss of business opportunities, loss of anticipated savings, loss of data, loss of use, and whether caused by breach of contract, even if the same is foreseeable.

The above foregoing does not affect any liability which cannot be excluded or limited under any applicable law and no cause of action regardless of form or substance arising out of or in connection with the Website or our Services which may be bought by the Customer after the lapse of one (1) year after such cause of action has accrued.

VII.      Indemnification

You undertake to indemnify, defend and hold harmless Australia Gold International Pty Ltd,our affiliates and licensors, including our Directors, Officers, Employees, Contractors, Agents and Representatives, from and against all claims, liabilities, demands, causes of action, costs, losses, or expenses, including but not limited to, reasonable attorney’s fees and expenses arising out of, or in connection with, caused by or resulting from:

A.        Your shipment of Goods placed through our Website or our service centre and your communication with Australia Gold International Pty Ltd;

B.        Any activity related to your access and shipment of your Goods, including but not limited to negligent or wrongful conduct;

C.        Any violation or circumvention of any of the provisions included in this Terms and Conditions; or

D.        The Customer’s violation or circumvention of any third-party right including but not limited to any intellectual property right, confidentiality, publicity, property or privacy right.

The above indemnification obligation apply to the Customer’s use of our Website together with the use of its content or use of our Services, other than those expressly authorised in this Terms and Conditions, including the use of any of the information which you may have obtained from the Website or any of the information which you have submitted or provided to the Website.

Australia Gold International Pty Ltd reserves the right at Customer’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer as a user of our Website and of our Services. In any event, you are bound to cooperate with the Company in asserting any available defenses under the law and of equity. The above indemnification obligations apply to the Customer and thecorresponding Goods for shippingand availingof our Services.

VIII.     Force Majeure

If any loss, damage, delay or non-performance is a result of any natural disaster, acts of God, or catastrophe such as war, invasion, other hostilities including acts of terrorism, rebellion, or any other materially disruptive political or military event, labor dispute, power failure or any other disruptions on utilities and services relied upon by Australia Gold International Pty Ltd, or any other unforeseen and external occurrence for which the company is not responsible of, nor could possibly predict what is required to perform its obligations herein, the Company shall not be liable for any damage, delay, loss, or non-performance of services as a result thereby, up to the full extent excused under prevailing laws.

IX.       Assignability

The Customer’s rights and obligations under these Terms and Conditions cannot be assigned to any third party whether voluntarily or as a result by operation of law without the consent obtained prior from Australia Gold International Pty Ltd. Should there be any assignment or unapproved delegation by the Customer without the prior written approval of the Company, the same is null and void and bereft of any legal force and effect.

X.        Governing Law

This Terms and Conditions shall be governed at all times by the laws of Queensland, Australia, applicable to agreements made and to be wholly performed within that jurisdiction, with no regard to any conflict of laws provisions or the conflict of laws provisions in any other territory that would cause the application of any other applicable law, other than those applicable in Queensland, Australia.

XI.       Arbitration and Choice of Forum

All disputes or claims relating to the use of https://www.australiagoldinternational.com and our Services or arising out of your visit to our Website, shall be resolved through a binding arbitration before resorting to the regular courts. You thereby agree that both parties shall be responsible for their own costs, attorney’s fees whenever applicable, unless such claim is frivolous or dilatory, in which case attorney’s fees may be pursued against the erring party.

Please note that in arbitration, there is no judge or jury and therefore the court’s review of an arbitral award is limited. It is however within the power of the arbitrator to award the same damages and relief as a court on an individual basis may award, following and applying the provisions under this Terms and Conditions as any court would. All arbitration proceeding shall solely be conducted by an accredited arbitrator by the Queensland Law Society.

Before commencing an arbitration proceeding, you must first send a letter requesting for arbitration describing your claim to our registered agent at Australia Gold International Pty Ltd with the following details:

                        Attention:      Jarrod Pritchard

                        Address:       4/18 Lenneberg St, Southport QLD 4215

The arbitration is to be conducted by the Queensland Law Society under its rules and procedures for consumer-related disputes. Please note that should the Customer desire to move forward with the arbitration, payment of all filing fees, administration and arbitrator fees shall be shouldered by the said Customer.

In addition, the Customer agrees that whenever possible and reasonable under all relevant rules, the arbitration shall be conducted in Southport, Queensland or as close to the said venue as possible. 

XII. Individual Disputes

The Customer and Queensland Law Society agreesvoluntarily that all dispute proceedings whenever brought judicially or through arbitration shall only be conducted on an individual basis and not in a  class suit nor any other consolidated or representative action.

Both parties likewise expressly waive each of their own rights to bring claims against the other as a class member in any of the purported class or representative action whether the same is a class-action lawsuit, class-wide arbitration, or private attorney-general action, or any other proceeding of a similar nature where one of the party is acting in representation or in a representative capacity over multiple parties.

XIII.     Merger

This Terms and Conditions as provided above, together with our Privacy Policy constitutes the entire agreement between the Customer and the Company. No other representations except the individual price quote provided to you in purchasing our Services through our Website shall form part of your agreement with Australia Gold International Pty Ltd.

No revision, amendment or modification can be made effective in this Terms and Conditions even by any employee of Australia Gold International Pty Ltd, unless such revision, amendment or modification is reduced in writing and no provisions can be waived by either party unless put into writing.

XIV.     Miscellaneous

A.        Updates and Modifications. There will be instances wherein https://www.australiagoldinternational.com will need to periodically update our Terms and Conditions.  Australia Gold International Pty Ltd reserves its right to update, revise, or amend this Terms and Conditions without notice to its customers and shall immediately be effective as soon as it is uploaded in our Website.

B.        Privacy Policy. https://www.australiagoldinternational.commaintains a separate Privacy Policy detailing the information that Australia Gold International Pty Ltd gathers and how we utilise the same. Kindly refer to our Privacy Policy in this section for more information.

C.        Price and Payment. The price of our Services will be as quoted on our Website from time to time, except in cases of obvious error. These prices includes any relevant taxes and shipping costs as indicated. While prices is subject to change without notice, the change will not affect Goods that we have already accepted. The Company will endeavor to advice our Customers of any projected price increases whenever necessary.

D.        Delivery. Australia Gold International Pty Ltd will endeavor to dispatch the Goods within three (3) days upon receipt of your successful payment. Please note that any delivery dates indicated are merely estimates and the Company is not liable for any late or non-delivery of your Goods. The Customer will be notified through e-mail once the Goods has been dispatched to the recipient.

XV.      Severability

In an event that any competent court or arbitral award association declares any part of this Terms and Conditions to be void, invalid, or otherwise unenforceable, only such part shall be severed and deemed unwritten in this Terms and Conditions.

All other parts not declared to be invalid, void, or unenforceable shall not be affected and shall continue to be in full force and effect. Any declared part to be invalid, void, or unenforceable will merely be considered as though not written and was never a part of this Terms and Conditions.