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Border Express Website Terms and Conditions 

Border Express Website Terms and Conditions

Last updated: 15/09/2023

  1. Background
    1. The website available at www.borderexpress.com.au (the Website) is owned and operated by Border Express Pty Ltd (ABN 82 000 533 880) and its related entities (we, us, our).
    2. By using the Website, and in consideration of us providing you with access to the Website, you agree to the following Website Terms and Conditions, which govern your access to and use of the Website.
    3. In these Website Terms and Conditions, “you” refers to:
      1. you as an individual; and
      2. if you are using the Website on behalf of an entity (such as a company or other organisation), that entity.
    4. If you do not agree to these Website Terms and Conditions, you must not use or access the Website. If you are agreeing to these Website Terms and Conditions on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority, or you do not agree to these Website Terms and Conditions, neither you nor the entity may use the Website.
    5. We reserve the right to amend these Website Terms and Conditions from time to time without giving specific notice to you. We will publish the amended Website Terms and Conditions on the Website.
    6. You should periodically review the Website Terms and Conditions and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website, you will be deemed to have accepted the changes to the Website Terms and Conditions.
  2. The Border Express Online Customer Portal – BEX Online
    1. One of the functions of this Website is to host our online portal that is used by registered users to book and track parcels and bulk freight deliveries (the Portal).
    2. If you choose to access and use the Portal via this Website, you acknowledge and agree that:
      1. your access and use of the Portal will be governed by the BEX Online Customer Portal Terms of Service and
      2. the BEX Online Customer Portal Terms of Service will prevail to the extent of any overlap and/or inconsistency between the BEX Online Customer Portal Terms of Service and these Website Terms and Conditions.
  3. Changes to the Portal and the Website
    1. Changes to the Portal are governed by the BEX Online Customer Portal Terms of Service.
    2. In respect of the other parts of the Website, we may, from time to time and without notice:
      1. change, add to, or remove content or functionality of those parts of the Website; and
      2. cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of those parts of the Website.
  4. Requirements when you use the Website
    1. You must:
      1. not use the Website in breach of any applicable laws or regulations;
      2. not use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
      3. not frame or mirror any part of the Website without our written authorisation; and
      4. not interfere with, disrupt, or create an undue burden on the Website.
    2. Without limiting the above, you must not and must not permit a third party to:
      1. use any unauthorised method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any data or content from the Website;
      2. circumvent, disable or otherwise interfere with security-related features of the Website; or
      3. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website, or upload or permit any virus or malicious code to adversely affect the Website or any associated equipment or data.
    3. You agree to indemnify us against any third party claims made against us as a result of your breach of these Website Terms and Conditions, including claims that any of your Feedback and Comments (defined below) infringe third party rights or any laws. Your liability under this indemnity will be reduced to the extent the claim was caused or contributed to by our breach of these Website Terms and Conditions, or our negligent or unlawful conduct.
  5. Feedback and Comments
    1. This clause 5 does not apply to content that you submit as part of using the Portal. Such content is governed by the Border Express Terms of Service.
    2. We may from time to time offer areas in the Website where you and other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or other information or materials in relation to our business, products and services (collectively, Feedback and Comments).
    3. By posting Feedback and Comments, you represent and warrant that:
      1. you own or otherwise control all of the rights to your Feedback and Comments, including without implied limitation all copyrights;
      2. your Feedback and Comments are true and accurate;
      3. your Feedback and Comments do not contain any unlawful, illegal, offensive, threatening, abusive, defamatory, obscene, or infringing material;
      4. your Feedback and Comments do not (and our use of your Feedback and Comments in accordance with these Website Terms and Conditions does not) violate the rights of any other person or entity, including intellectual property rights, moral rights and rights of confidentiality, privacy and publicity;
      5. where your Feedback and Comments contain personal information about another person, you have the consent of that person to include their information in your Feedback and Comments; and
      6. your Feedback and Comments comply with applicable laws, rules and regulations.
    4. By sending, posting or transmitting Feedback and Comments to us:
      1. you grant us (and our successors) a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual and irrevocable right to use, reproduce, sublicense, distribute, create derivative works of, perform and import your Feedback and Comments in any media now known or hereafter developed, for the purpose of responding to your Feedback and Comments and for our general business purposes, commercial or otherwise, without compensation to you;
      2. you consent to us, our successors and sub-licensees doing anything in relation to your Feedback and Comments that, but for this clause, would otherwise infringe any moral rights you may have in the Feedback and Comments under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions; and
      3. you acknowledge and agree that all Feedback and Comments are deemed non-confidential and non-proprietary, unless specifically noted in those Feedback and Comments.
    5. You acknowledge and agree that we have the right (but not the obligation) to edit, modify, remove or refuse to use or publish any Feedback and Comments. We take no responsibility and assume no liability for any Feedback and Comments posted by you or any third party. We are not responsible for information that you choose to communicate via Feedback and Comments.
  6. Investigating prohibited uses of the Website
    1. We may, at any time and at our discretion, investigate any reported or suspected breach of these Website Terms and Conditions (or other unauthorised or unlawful use of the Website) by you or any other user.
    2. Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, the quality of the services and our reputation. These actions may include (but are not limited to) suspending or blocking your access to the Website, reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.
  7. Intellectual Property
    1. Unless otherwise indicated, the intellectual property rights in the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Website Content) are either owned by us, or licensed to us, and all rights in the Website Content are reserved.
    2. We grant you a limited right to access the Website and view the Website Content, subject to these Terms. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Website Content without the permission of the owner of that Website Content. We reserve the right to review, edit, move or delete any Website Content from the Website at any time without notice.
    3. We reserve the right to aggregate and analyse data that we collect through the operation of the Website and the Portal, as described in our Privacy Policy and the Border Express Terms of Service.
  8. Linking and Third Party Content
    1. The Website may contain links to, or display the content of, third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
    2. Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
    3. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
  9. Privacy
    1. By using the Website, you agree that we may collect, hold, use and disclose your personal information as described in these Website Terms and Conditions and any other privacy notices that we provide you during your use of the Website.
    2. When you use the Website and the services, we collect personal information that you provide to us or generate through your use of the Website. This personal information is used for:
      1. any specific purposes for which you provided it to us;
      2. the general operation of the Website, so that you can access and use the functions and services of the Website; and
      3. other purposes as otherwise notified to you.
    3. Our general Privacy Policy, which describes how Border Express collects, hold, use and disclose personal information in the course of its business operations as a whole. It also explains how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.
  10. Cookies
    1. The Website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A ‘cookie’ is a small text file placed on your computer by our web server. A cookie can later be retrieved by the Website’s servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
    2. It is recommended that you accept cookies to make full use of the Website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the Website’s administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
    3. Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use the Website to the fullest and optimum extent.
    4. We may use the cookies on the Website (as well as data collected through these cookies) for commercial purposes, including targeting and displaying advertising on our website and on third party websites, social media platforms and advertising networks. Please see our Privacy Policy for further information.
  11. Australian Consumer Law
    1. In this clause, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.
    2. The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these Website Terms and Conditions has the effect of excluding, restricting or modifying a Consumer’s rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified.
  12. Disclaimer
    1. This clause 12 does not apply to your use of the Portal. Our liability in relation to your use of the Portal is governed by the BEX Online Customer Portal Terms of Service.
    2. Where you are using the Website for purposes other than accessing the Portal, you agree that:
      1. where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability to:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again; and
      2. he Website and the Website Content are provided “as is”. By accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:
        1. any term, condition or warranty that may otherwise be implied into these Website Terms and Conditions, including (but not limited to) any term, condition or warranty that:
          1. the Website or any of its functions will be uninterrupted or error free;
          2. defects will be corrected; or
          3. the Website or any server that makes it available is free of errors, viruses or malicious code;
        2. any liability for loss or damage incurred as a result of or in connection with our negligence; and
        3. any liability for special, indirect or consequential loss however caused (including negligence),
    3. Jurisdiction
      1. These terms and conditions are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.
    4. Contact details
      1. If you have any queries regarding these Website Terms and Conditions, please contact us at:
        1. Address: 140-144 Link Road, Melbourne Airport VIC 3045
        2. Email:melbournecustomerservice@borderexpress.com.au