NOW Couriers Terms & Conditions of Use

1. Your use of the Website

1. Right to use: We grant you the right to access and use the Website on a device that you own or control, on these Terms.
2. Use of Website: In using the Website, you acknowledge and agree that you will not:
   1. abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy) of others;
   2. hack or attempt to hack into any part of the Website;
   3. commit or encourage a criminal offence;
   4. knowingly transmit any virus or other disabling feature to or through the Website;
   5. post or transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
   6. otherwise, breach these Terms.
3. Compliance: You must also comply with all applicable laws and third-party terms of use when accessing and using the Website.

2. Sender Portal

1. Account: To utilise some of our services, you will need access to an account with us on our Sender Portal (Account). You are responsible for maintaining accurate, current and complete information in your Account. During or after your Account creation, we may request further information from you to complete your Account registration.
2. Sender Portal Functions: Once you have an Account, you can use the Sender Portal to:
   1. track consignments and packages;
   2. book a pickup;
   3. lodge query about your consignments and packages; and
   4. manage your Account and orders.

• For these functions to operate properly, you will need to enter accurate information into the Sender Portal. We will not be liable for any failure of the Sender Portal or our services caused by you entering incomplete or inaccurate information.

3. PINs: Where you wish to utilise our services without using the Sender Portal on the Website, you may be issued with a PIN to use over the phone when contacting us.
4. Security: You are responsible for ensuring the security of your password, login details and any PIN, and for any use (including unauthorised use) of your Account by a third party. If you believe that your login details (or other security features) are, or may be, known to anyone other than you, or that there has been unauthorised access to your Account, you must immediately:
   1. change your password (or other security features); and
   2. tell us by emailing us at enquiry@nowcouriers.co.nz.
5. Team Account: Any individual registering on behalf of their business for use of the Sender Portal represents that they have authority to bind that business to these Terms. A business can also create an Account for multiple individuals in that business (Team Account). You may connect individual Accounts to a Team Account, to create your “Team”. All members of the Team will be displayed on the Team Account. You can designate any Team member as ‘Admin’ (which will allow them to perform certain specified operations on the Account). The business (you) and each Team member will remain responsible for all actions of the Team in connection with the Team Account.

3. Our Products and Services

1. Quote: Where you have requested and we have provided you with a quote for our products or services via the Website, that quote is, unless otherwise stated, an invitation to you to complete an order or engage our services. No contract will be formed until we accept the order or engagement. All quotes will exclude GST.
2. Terms of Carriage: Where you have requested our services through your Account, Team Account, via phone by using your PIN, or by any other method, our Terms of Carriage will apply. Our Terms of Carriage will govern any delivery (or redelivery) commitments that we may have. By using our services, you acknowledge that you have read, understood and agreed to the Terms of Carriage.
3. Tracking: Our Website allows you to track and trace your consignments. Please note that all tracking numbers and information provided on the Website are guides only.

4. Commitments

1. Your commitments to us: When using the Website and our services, you will:
   1. ensure that the details of your Account are accurate and up to date;
   2. comply with these Terms and the Terms of Carriage (if applicable);
   3. promptly provide us will all information reasonably requested by us (including any order details) and ensure they are complete, clear and accurate; and
   4. comply with your legal obligations, including when providing any information to us.
2. Our commitments to you: We will:
   1. perform our obligations under these Terms;
   2. handle any personal information you provide us in accordance with our Privacy Policy; and
   3. ensure all information on our Website is reasonable and regularly updated.

5. Linked Sites

1. The Website may contain links to external sites. Those sites are not part of the Website and we don’t control them. We make no representations about the accuracy of the information or the quality of products and services found on any linked site and take no responsibility for material in them. We will not be responsible for any loss or damage that happens as a result of you using any linked sites. You agree that you access and use any linked site at your own risk.
2. Except as expressly permitted for the purpose of integrating the track and trace function into your or any other party’s website, you agree not to create any links from external websites to the Website (including deep-links) except with our prior express written permission. Requests for permission or further information should be sent to enquiry@nowcouriers.co.nz.

6. Payments

1. Any card payments made through our Website are processed by an independent service provider. We will not store or collect your payment card details. That information is provided directly to third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the PCI-DSS standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

7. Intellectual Property

1. You acknowledge that any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide (“Intellectual Property Rights”) in the Website, belong to us or our licensors.
2. No part of the Website may be reproduced, published or transmitted without our prior written permission. Copyright, trademark or other intellectual property right infringement may result in civil and/or criminal penalties.

8. Feedback

1. We are pleased to hear from you and welcome your comments about our services. Where you have provided comments to us either by form, phone, email, or through the Website (“Feedback”), this Feedback will be deemed and will remain, our property. If your Feedback includes personal information we will handle that personal information in accordance with our Privacy Policy.

9. Privacy

1. You acknowledge that you have read and understood the terms of our Privacy Policy, which form part of these Terms. We may use and disclose information about you in accordance with the Privacy Policy. You should check the Privacy Policy on a regular basis and let us know if you object to use or disclosure of information about you in accordance with any updated policy.

10. Disclaimer and Limitation of liability

1. Warranties: To the maximum extent permitted by law, we do not make any promise about the availability, accuracy, completeness, currency or reliability of the Website. The Website is provided “as is” and “as available” and without warranties of any kind and you use and rely on the Website at your own risk.
2. Website: We do not promise that the Website will operate on all types of devices, uninterrupted, securely or error-free.
3. Liability: To the maximum extent permitted by law, we are not liable for any loss, damage, costs or expenses (whether direct or indirect) incurred by you or claims made against you in connection with:
   1. your use of, or inability to use, the Website;
   2. any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Website;
   3. any fault or error of the Website;
   4. your reliance on or use of the content, including any data or information generated by using the Website, or the materials in any sites linked to the Website;
   5. any modification, discontinuance or restriction of the Website, even if we have been advised of the possibility of such loss, damage, cost or expense.
4. Products and services: Any liability in connection with products and services we provide is governed by the Terms of Carriage or other applicable contracts between us.
5. Where you are a consumer: If you are using our Website, services or products as a consumer you have various rights under the Consumer Guarantees Act 1993 which we cannot exclude in these Terms. Nothing in these Terms is intended to exclude or limit those rights.
6. Where you are a business: If you are using our Website, services or products for or on behalf of a business, you acknowledge that they are supplied and acquired “in trade”, and agree to contract out of the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 in respect of the Services and Products.

11. Lodge a Query

1. Query: Where you wish to lodge a query about your consignment, you must submit a ‘Lodge Query’ form via your Account, or via the Website, including all relevant information requested in the form. We will respond to your query using your indicated preferred contact method.
2. Loss or damage: Where your query relates to loss or damage to a consignment, the terms here will apply.
3. Terms of Carriage: All claims and queries will be assessed in accordance with our Terms of Carriage.

12. Termination

1. We reserve the right to suspend, limit, cancel or disable your access to the Website and/or your Account without prior notice: (i) if we reasonably believe that you or someone authorised by you has breached these Terms, (ii) if we believe this is necessary due to technical or security issues, (iii) if we are requested to do so by a government or law enforcement agency, or (iv) if we need to suspend or shut down the Website for any reason.

13. General

1. Invalid terms: If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining terms will remain in full force and effect.
2. Governing law: These Terms are governed by and interpreted in accordance with New Zealand law in force in New Zealand and subject to the exclusive jurisdiction of the New Zealand courts.
3. Interpretation: In these Terms:
   1. the word “person” includes any individual, corporation, unincorporated association, government department or municipal authority;
   2. the singular includes the plural and vice versa; and
   3. where the words “include(s)” or “including” (or similar expressions) are used in these Terms, those words are deemed to have the words “without limitation” following them.
4. Inconsistency: If there is any inconsistency between these Terms and the Terms of Carriage, the Terms of Carriage will prevail, unless these Terms expressly override the Terms of Carriage.