Legal
Please refer below for our T&C and Privacy Policy
TERMS AND CONDITIONS
1. In these terms and conditions, “the Company” means “TWG LOGISTICS” A.B.N. 18 149 281 685 carrying on business in its own name and under any Business Name and its officers, servants, agents, and sub-contractors; and “the Customer” shall mean the person, owner, firm or company who is contracting with the Company on the basis of these terms and conditions.
2. The Company is not a Common Carrier and accepts no liability as such. Whenever the Company is instructed to undertake or arrange the customs clearance, transport or storage of goods or any other service, it shall be authorized to entrust the goods or such arrangements to third parties subject to such parties’ contractual conditions. The Company shall be acting as the Customer’s agent in accepting such contractual conditions. The Customer shall be bound by such contractual conditions and shall release the Company from and indemnity the Company against any claims or liabilities arising out of their acceptance by the Company.
3. The Customer expressly warrants that it is either the owner or the authorized agent of the owner of any or all goods or property the subject matter of the transaction(s) to which these conditions apply (the “goods”). The Customer accepts these conditions for itself and for all other parties on whose behalf it is acting, and it warrants that it has authority to do so.
4. Notwithstanding any specific instructions from the Customer, the Company may carry out or arrange to be carried out the customs clearance, storage, handling of transportation of the goods by any method which the Company in its absolute discretion deems fit.
5. Quotations are given by the Company based on the instruction by the Customer, the rates of freight, insurance premiums, storage charges, statutory fees, currency exchange rates or any other rates, fees or charges applicable at the time of quotation. If any charges occur to any of these rates, fees or charges after quotation has been given, the Company reserves the right to withdraw or revise the quotation, regardless the quotation has already been accepted or not.
6. The Customer and the Senders, and Consignees of any goods and their agents, if any, shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs, consular and other purposes and shall jointly and severally indemnify the Company against all loses, damages, expenses, penalties and fines arising out of any inaccuracy or omission, even if such inaccuracy and omission is not due to any negligence.
7. The Company shall not be liable under any circumstances for any loss, damage or expenses of any description whatsoever arising from or in any way connected with the measurement, marks, weight, numbers, brands, contests, quality, or description of any goods.
8. The Customer and the Senders and Consignees and their agents, if any, shall be jointly and severally liable for any duty, tax, impost, or outlays of whatsoever nature levied by the authorities at any port or place for or in connection with the goods and for any payments, fines, penalties, expenses, loss, or damage incurred or sustained by the Company in connection therewith, included where caused by the Company’s negligence or breach of these conditions.
9. Insurance will not be arranged by the Company except with the express instructions in writing by the Customer and then only at the customer’s expenses and after lodgement of a written declaration by the Customer as to the value of the goods to be insured, any such insurance cover arranged shall be subject to the usual exceptions and conditions of the policies of the insurance company or underwriters that accepting the risks. When insurance cover is arranged by the Company, the Company shall be entitled to additional charge no less than three (3) percent (%) of the premium payable by the Customer.
10. Subject to Clauses 23 and 25, the Company shall not be liable under any circumstances whether in tort or in contract for loss of or damage to or missed-delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, or non-delivery of goods or any consequential loss arising there from howsoever caused including but not limited to any negligence or breach of contract by the Company.
11. Subject to Clauses 23 and 25, the Company shall not be liable under any circumstances (including negligence or breach of contract by the Company) for any loss, damage or costs or for any consequential loss arising there from (including arising from loss or fail of market) attributable to delay in forwarding, in transit, in customs clearance, or failure by the Company to carry out any instructions given to it.
12. 12.1 Where a carriage by sea is involved, a value will not be declared or inserted in the bill of lading for the purpose of extending the carrier’s liability under the Sea carriage of Goods Act 1924 (C’with) (or any similar or succeeding legislation), except upon express instructions given in writing by the Customer to the Company.
12.2 Where a carriage by air is involved, no optional declaration of value to increase the carrier’s liability under the Civil Aviation (Carrier’s Liability) Act 1959 (C’with) (or any similar or succeeding legislation) will be made except upon express instructions given in writing by the Customer to the Company.
12.3 In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by the carriers, warehousemen or other, no declaration of the value (where optional) will be made for the purpose of extending liability, and goods will be forwarded or dealt with at Owner’s risk or other minimum charges, unless express instructions in writing to the contrary are given by the Customer to the Company.
13. Perishable goods, which are not taken up immediately on arrival or which are insufficiently addressed or marked or otherwise not identifiable, may be sold or otherwise disposed of without any notice to the Customer or the Senders, Owners or Consignees of the goods, and payment of the tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery.
14. Non-perishable goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee may be sold or returned at the Company’s discretion at any time after the expiration of twenty-one (21) days from the sending of notice in writing to the address which the customer or sender gave the Company on delivery of the goods to the Company. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the Customer or the sender, and in the case of a sale shall be deducted from the proceeds of that sale. A communication from any agent or a correspondence of the Company to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.
15. Where the Customer, Owner or Sender delivers to the Company any noxious, dangerous, hazardous, inflammable or explosive goods or any goods likely to cause damage, the Customer warrants that all applicable laws have been complied with (including where necessary, the Australian Code for the Transport of Dangerous Goods by Road and Rail, Civil Aviation Regulations and the International Maritime Dangerous Goods Code) relating to the notification, description, consigning and packaging of the goods, and the expenses and charges of the Company in complying with any such law or with any order or requirement there under, or with the requirement of any harbour, dock, railway, shipping, customs, warehouse or other authority or company shall be paid by the Customer. In addition, the Customer shall be liable for any injury, loss or damage caused by such goods and shall indemnify the Company against all penalties, claims, liabilities, damages, costs, and expenses arising in connection therewith, and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. The expression “goods likely to cause damage” includes goods likely to harbor or encourages vermin or other pests.
16. Pending customs clearance, forwarding and/or delivery, goods may be stored or otherwise held at any place or places at the sole discretion of the Company at the Customer’s risk and expense.
17. All goods (and documents relating to goods) are accepted subject to a general lien for all charges now due or which may hereafter become due to the company from the Customer, the Senders or Consignees whether in respect of the goods comprised herein or in respect of any other goods or chattels of whatever nature for which the Company provides a customs clearance, transport, storage, or other service. If any charges due to the Company are not paid within one (1) calendar month after written notice has been given to the person from whom the changed are due at their last place of business known to the Company that such goods are detained, the goods may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person and the proceeds applied in or towards satisfaction of such general lien. This right is additional to any right or rights conferred upon the Company by statute or general law.
18. In respect of any clause herein which excludes or in any way limits the liability of the Company or which contains an indemnity in favour or the Company, the Company in addition to acting for itself is acting as agent of and trustee for each of its employees and also any other person or company with whom the company may arrange for work to be done pursuant to this contract as the said clause or clauses containing exclusions, limitations of liability or indemnities are concerned and if in so far as may be necessary to give effect to this clause the Company shall hold the benefit of these clauses for its employees and for any such person or company and his or its employees
19. All the right, immunities, indemnities, and limitations of liability in these conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of contract or of any conditions hereof by the Company.
20. All agreements between the Company and the Customers shall be governed and construed in accordance with the laws of Australia and within the exclusive jurisdiction of the Australian courts.
21. Subject to Clauses 23 and 25, the Company shall not be liable under any circumstances (including negligence or breach of contract by the Company) for loss or damage resulting from or attributable to any quotation, statement, representation or information whether oral or in writing howsoever, where so ever or whom so ever made or given or on behalf of the company or by any employee or agent of the company as to the classifications of or the liability for amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods, chattels or property whatsoever. The Company does not accept responsibility in relation to any decision made or action taken, or liability incurred on the basis of any such quotation, statement, representation or information.
22. The Company shall not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Company by an authorized officer of the Company.
23. In respect of contracts made in Queensland, these conditions shall be read subject to the carriage of goods by land (carriers’ liabilities) Act of 1967 of that state but except where repugnant to the provisions of that Act shall continue to apply.
24. The Customer authorizes the Company (if the Company should think fit so to do) to contract either in the Company’s name as principal or as agent for the customer in carrying out the customs clearance, transport or storage of goods or any other service pursuant to these conditions. Where the Company contracts either in the Company’s name as principal or as agent for the Customer as referred to in this clause, the Customer indemnifies and shall keep indemnified the Company against all claims and liabilities of whatsoever nature arising out of or in connection with the Company so contracting.
25.
25.1 Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties imposed by the trade practices Act 1974 (CMTH) or any other Commonwealth, State or Territory legislation insofar as such legislation may be applicable and prevent wither expressly or impliedly the exclusion or modification of any such term, condition and warranty
25.2 In cases where part V Division 2 of the Trade Practices Act 1974 (or equivalent part of any State or Territory legislations) applies to enable the Company to limit its liability, the Company’s liability to the Client shall be limited as the Company determines:
(a) In the case of goods to any one of the following:
(i) the replacement of the goods or the supply equivalent goods; or
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) In the case of services to any one of the following:
(i) the supplying to the services again; or
(ii) the payment of the cost of having the services supplied again.
26.
26.1 The Company’s trading terms are net seven (7) days from date of invoice. If any changes due to the Company hereunder are in arrears for a period of more than seven (7) days, the Company may charge interest on any overdue amounts at a rate not greater than two (2) percent above the prevailing prime overdraft rate as quoted by National Australia Bank.
26.2 The Company’s charges are quoted in Australian dollars ($A) and all payments (including GST if applicable) by the customer must be made in Australian dollars ($A).
27. Except under special prior arrangements made in writing, the company will not accept bullion, coins, precious stones, jewellers, valuables, antiques, pictures, livestock or plants, and the company will not accept any liability whatever for any such goods (including negligence or breach of contract by the Company).
28. It shall be the responsibility of the Customer in all circumstances at all times to ensure that any containers or other packaging of any goods and any pallet or pallets which are delivered with such goods, and which are required to be returned to the owner of the containers, packaging or pallets or the nominee of the owner, are returned within the time required for such return by the owner or nominee. The Company accepts no liability for the loss, damage or delayed return of any containers, packaging or pallets whatsoever, which may come into or pass through the possession of the Company whether the Company or the Customer holds the containers, packaging or pallets whatsoever, which may come into or pass though the possessing of the Company whether the Company or the Customer hold the containers, packaging or pallets as lessee, bailee, licensee or by any other means whatsoever, and the Customer agree to indemnify the Company against any claims demands or liabilities arising out of or in connection with such loss, damage or delayed return.
29. Where the Customer instructs the Company to arrange airfreight, sea freight, carriage by road or rail, or storage or any goods, the Customer agrees that the Company shall be entitled to accept or obtain or to agree or offer to accept or Company shall be entitled to accept or obtain or to agree or offer to accept or obtain any discounts, commissions, rebates or allowances at a rate not less than five (5) percent of the price payable by the Customer for the service so arranged.
30. In an event of cancellation after the quotation has been accepted, any service or order must only be cancelled in writing by the Customer. All the claims, loss and other cost that incur in connection to such cancellation, will be charged to the Customer.
PRIVACY POLICY
1. We respect your privacy
1.1. TWG Logistics Pty. Ltd. (“We”) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
1.2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR) and the Act on Protection of Personal Information (APPI).
1.3. "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
1.4. You may contact us in writing at info@twglogistics.com.au for further information about this Privacy Policy with the email subject line “Privacy Policy Inquiry”.
2. What personal information is collected
2.1. We will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
2.3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.4. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
3.1. We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
3.2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.
4. How we use your personal information
4.1. We may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
4.2. We will use personal information only for the purposes that you consent to. This may include, but is not limited to:(a) provide you with products and services during the usual course of our business activities;(b) administer our business activities;(c) manage, research and develop our products and services;(d) provide you with information about our products and services;(e) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and(f) investigate any complaints;(g) social media, promotional and marketing purposes.If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our offerings.
4.3. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
4.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
5.2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
6. General Data Protection Regulation (GDPR)
6.1. We will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
6.2. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
6.3. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
6.4. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
6.5. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
6.6. We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
6.7. We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
7. Your rights under the GDPR
7.1. If you are an individual residing in the EU or Asia, you have certain rights as to how your personal information is obtained and used. We comply with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU or Asia.
7.2. Except as otherwise provided in the GDPR, you have the following rights:(a) to be informed how your personal information is being used;(b) access your personal information (we will provide you with a free copy of it);(c) to correct your personal information if it is inaccurate or incomplete;(d) to delete your personal information (also known as "the right to be forgotten");(e) to restrict processing of your personal information;(f) to retain and reuse your personal information for your own purposes;(g) to object to your personal information being used; and(h) to object against automated decision making and profiling.
7.3. Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
7.4. We may ask you to verify your identity before acting on any of your requests.
8. Hosting and International Data Transfers
8.1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia and Singapore.
8.2. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from our Data Protection Officer.
8.3. The hosting facilities for our website are situated in Australia and Singapore. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from us by e-mail.
8.4. Our Suppliers and Contractors are situated in Australia and around the World. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from our Data Protection Officer.
8.5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
9. Security of your personal information
9.1. We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
9.2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
9.3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
10. Access to your personal information
10.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@twglogistics.com.au.
10.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
11. Complaints about privacy
11.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to info@twglogistics.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
12. Changes to Privacy Policy
12.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
13. Website
13.1. When you come to our website (www.twglogistics.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
13.2. Cookies We may from time-to-time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time-to-time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords or Facebook Ads. These ads may appear on this website or other websites you visit.
13.3. Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that We is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
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