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7-Eleven Parcelmate® Manual Solution Terms of Use Pages 1 7-Eleven ParcelMate Manual Solution (The parcel label is completed by hand and not electronically through the tablet/device available in the 7-Eleven store at the ParcelMate packaging bay) Terms of Use Pages 1 - 62 7-Eleven ParcelMate Digital Solution (The parcel label is completed electronically using the digital packaging bay solution through tablet/device available in the 7-Eleven store and not handwritten) Terms of Use Pages 63 - 184 Dangerous & Prohibited Goods Pages 185 – 207 Published: 13/01/20 Doc ID 652293853/v1 ParcelMate Terms of Use (Manual Solution) (The parcel label is completed by hand and not electronically through the tablet/device in the 7-Eleven Store at the ParcelMate packaging bay) Date of publication: 13 January 2020 1. Terms of Use 1.1 A reference to: (a) “we”, “us” or “our” is a reference to 7-Eleven Stores Pty Ltd ABN 48 005 299 427; and (b) “you” or “your” is a reference to the person who is taken to agree to these terms and conditions under clauses 1.2 to 1.5. 1.2 These Terms of Use: (a) apply to our provision, and your use, of the Services which includes but is not limited to using the ParcelMate Products, lodging Parcels in our ParcelMate Lockers for delivery and delivery of Parcels to Nominated Recipients within Australia; (b) apply where the Parcel label is completed by hand (Manual Solution) (where the Parcel label is completed electronically using a tablet or other device made available in the 7-Eleven Store at the packaging bay (Digital Solution) the ParcelMate Terms of Use (Digital Solution) will apply); and (c) do not affect any rights you have under the Competition and Consumer Act which cannot be excluded, restricted or modified. 1.3 By using the Services, you agree to comply with and be bound by, and warrant that the Nominated Recipient is willing and able to receive the Parcel in accordance with these Terms of Use and instructions reasonably provided by us, including on our Website and in our or our Subcontractor's SMS communications. 1.4 You are also deemed to have accepted these Terms of Use if: (a) a copy of these Terms of Use are made available to you if requested by you, at a 7-Eleven Store and you then proceed to use the Services; or (b) we provide you with a copy of these Terms of Use via email, hyperlink via SMS or by directing you to our Website and you either notify us that you accept the Terms of Use or continue to use the Services. 1.5 Where you are using the Services on behalf of a business or organisation, you agree, in your individual capacity, as well as for and on behalf of the business and organisation, to be bound by the Terms of Use. 1.6 We reserve the right to change any of the terms contained in these Terms of Use at any time where the change is determined, by 7-Eleven, to be required. Changes to these Terms of Use will be available at www.7eleven.com.au/parcelmate and at participating 7-Eleven Stores, and will apply in respect of Services Purchased after the date of publication. Page 2 2. Definitions 2.1 In these Terms of Use: (a) "7-Eleven Store" means any 7-Eleven branded convenience or petrol retail stores in Australia offering the Services; (b) "Access Pin" means the eight digit code sent to the Nominated Recipient to enable them to collect the Parcel from an Alternative Delivery Point that is a ParcelMate Locker; (c) "Additional Charges" means the additional charges set out at clause 5; (d) "Alternative Delivery Point" means where a Parcel cannot be delivered to a Nominated Address, an alternative delivery point nominated by our Subcontractor that is not a Collection Depot, from which the Nominated Recipient must collect the Parcel; (e) "Australian Consumer Law" means schedule 2 of the Competition and Consumer Act 2010 and any equivalent state or territory legislation; (f) "Business Day" means a day that is not a Saturday, Sunday, local public holiday or public holiday in the State or Territory in which a Parcel is lodged or is to be delivered; (g) "Capital City Location" means a location set out at Annexure A to these Terms of Use, as amended from time to time by our Subcontractor; (h) "Charges" means the charges for the Services; (i) "Collection Depot" means a collection depot operated by our Subcontractor, being the location nominated by our Subcontractor, from which the Nominated Recipient and/or you (as the case may be) must collect a Parcel before it becomes an Undeliverable Parcel; (j) "Competition and Consumer Act" means the Competition and Consumer Act 2010 (Cth); (k) "Consumer Guarantee" means a right or guarantee under Part 3-2 (Division 1) of the Australian Consumer Law that cannot lawfully be excluded; (l) "Dangerous Goods" means: (i) those items classified by us as dangerous goods for the Manual Solution on the Website and in 7- Eleven Stores; (ii) goods or articles or substances of which goods are comprised which are: (A) capable of posing a risk to health, safety, property or the environment and fall within one or more of the United Nations classifications of dangerous goods; or (B) otherwise liable to cause damage to any person or property whatsoever; (m) "Dangerous Goods Declaration" means a declaration that the Goods you place in the ParcelMate Product are not Dangerous Goods; (n) “Digital Solution” has the meaning given to it in clause 1.2(b); (o) "Express Services" means the Services associated with ParcelMate Products bearing the word "EXPRESS"; (p) "Goods" means any item(s) placed in a ParcelMate Product; (q) "GST" has the same meaning as under the GST Law and means the Goods and Services Tax imposed under the GST Law; (r) "GST Law" means the A New Tax System (Goods and Services Tax) Act 1999; Page 3 (s) "Logistics Reasons" has the meaning given to the term in clause 9.3; (t) “Manual Solution” has the meaning given to it in clause 1.2(b); (u) "Nominated Address" means the Australian street address for the Nominated Recipient written on the ParcelMate Product by you; (v) "Nominated Recipient" means the person you nominate on the ParcelMate Product to receive the Parcel; (w) "Parcel" means the article comprising the ParcelMate Product and the Goods within the ParcelMate Product ; (x) "ParcelMate Locker" means the Parcel locker and associated hardware and software made available by us at selected 7-Eleven Stores to facilitate the Services; (y) "ParcelMate Product" means the "ParcelMate" branded packaging, including satchels and boxes; (z) "ParcelMate Program" means the program offering the Services to our customers; (aa) “ParcelMate Terms of Use (Digital)” means the terms of use applying to the Digital Solution; (bb) "Prohibited Goods" means those items classified by us as prohibited goods for the Manual Solution on the Website and in 7-Eleven Stores; (cc) "Purchase" means the submission of a request, and payment, for Services by you; (dd) “Remote Location” means a location set out at Annexure B to these Terms of Use, as amended from time to time by our Subcontractor and "Remote Locations" means all of those locations; (ee) "Restricted Goods" means those items classified by us as restricted goods for the Manual Solution on the Website and in 7-Eleven Stores, including but not limited to alcohol and tobacco; (ff) "Safety or Legal Reasons" has the meaning given to the term in clause 9.2; (gg) "Services" means: (i) all of the operations and services provided or to be provided by us and our Subcontractors in connection with the acceptance, carriage, storage and delivery of Parcels that are Purchased at a 7- Eleven Store and lodged in a ParcelMate Locker; and (ii) any operations or services incidental to the above operations and services including the provision of the ParcelMate Products to you. (hh) "SMS" means any system used to transmit text messages to mobile phones; (ii) "Standard Services" means the Services associated with ParcelMate Products bearing the word "STANDARD"; (jj) "Subcontractor" means: (i) any third party appointed by us to assist in the provision of the Services; and (ii) any person, firm or company which is now or hereafter a servant, agent, employee or subcontractor of any other persons or entities referred to in subclause (i) of this definition; (kk) "Terms of Use" means these terms and conditions of use; (ll) "Undeliverable Parcel" has the meaning given to the term in clause 14.1; and (mm) "Website" means www.7eleven.com.au/parcelmate. Page 4 3. Complying with our instructions 3.1 When you use the Services you must comply with all reasonable instructions and guidelines published by us, including on our Website, on the ParcelMate Products, on the ParcelMate Lockers or at 7-Eleven Stores. 3.2 Without limiting clause 3.1, you agree to comply with our reasonable instructions and guidelines regarding the packaging and sending of Parcels. 4. Purchasing the Services and ParcelMate Products 4.1 The Charge for the Service includes the Charge for the ParcelMate Product. Charges are subject to change from time to time. Charges for the Services will be clearly displayed at the 7-Eleven Store. 4.2 You must pay for the Services and ParcelMate Products at the 7-Eleven Store. 4.3 Unless otherwise stated, all Charges quoted are inclusive of GST. You agree to pay any fees imposed by your financial institution as a result of payment by your credit or charge card. 4.4 You should only Purchase the ParcelMate Product and Services if you intend to use the Services promptly.
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