ABOUT TO REACH

Terms of Service

1. Acceptance Of Our terms

1.1. These terms of service (“Terms”) constitute a binding agreement between you (“you”, “merchant” or “retailer”) and HUBBED Pty Ltd. (“HUBBED”, “us”, “we”, ”our”, “ourselves”) governing the use of and access to the products we offer in connection with a paid or trial subscription (“HUBBED Account”) and Click & Collect Service (“Products”) to you and any authorized individuals engaged by you to use the Products on your behalf (each, a “User,” and collectively, “Users”). By using or accessing the Products or authorizing or permitting any User to use or access the Products, you accept and agree to be bound by these Terms.

1.2. If you are entering into these terms on behalf of a company, organization or other legal entity (“Entity”), you agree to these Terms for that Entity and represent to HUBBED that you have the authority to bind such Entity and its affiliates to these Terms. In such case, “you” or “Customer” shall refer to such Entity and its affiliates. If you are a Customer’s User, then these Terms will apply to you to the extent they are applicable to Users.

1.3. You represent and warrant that the information you provide in registering for the Products is accurate and complete

2. Our Products

2.1. We deliver our Products through our website, web applications and mobile applications (each, an “Application,” and collectively, “Applications”) available at, clickandcollect.hubbed.com. The features and services available to you will be based on your subscription plan (“Plan”). The Products specifically exclude any third-party database or Third-Party Services (as defined in Section 6).

2.2. We reserve the right to modify features and functionality of our Products from time to time. We will determine whether any new features require additional fees. We may decide to add new features to the Products and make them generally available at no cost to Customers. We may or may not provide notice to you of changes to the Products. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of our Products.


2.3. Any additional product add-ons, including but not limited to services, analytics, customer service, or the addition of users, profiles, groups and other features or functionality you later add to an existing Plan (the “Add-Ons”) during your subscription term shall be subject to these Terms.

3. User Registration

3.1. You agree that you will only access our Applications for your internal business purposes and subject to these Terms. After any free trial of our Products, you will be required to subscribe for our Application and pay a subscription fee for the use of our Products. You must pay such subscription and parcel handling (transaction) fees per outlined in our payment terms.
3.2. As a User, you represent and warrant that you are: (i) 18 years or older, (ii) not prohibited or restricted from having a HUBBED account, and (iii) not a competitor of or using the Products for purposes that are competitive with HUBBED.
3.3. You must choose a plan and subscribe to a HUBBED account prior to using our Click & Collect Service Applications
3.4. In order to complete the online subscription process, you must choose a plan and provide us with the following information, which must be accurate:

a. Your full name;
b. Email address
c. Phone number
d. Business name
e. Website address
f. Billing address
g. ABN number

3.5. This information will be held by us in accordance with our Privacy Policy which forms part of these Terms.
3.6. If your subscription is successful, we will provide you with a HUBBED Account and a confirmation email.
3.7. If the information you have provided us with when subscribing is false, fraudulent or incorrect you will be prohibited from using HUBBED Products. We reserve the right to delay or suspend your subscription until such time as you provide us with valid details (by using our contact form).
3.8. To enable the Click & Collect service for Magento, WooCommerce and Neto, you must be an active HUBBED Account user and agree to install the HUBBED Click & Collect Application on your website for the purpose of presenting HUBBED Click & Collect locations on your merchant shopping cart
3.9 If you are a Shopify user, you must have an active Shopify account and add the HUBBED Click & Collect application via the Shopify app store
3.9 To facilitate Click & Collect Service transactions you agree to provide HUBBED with consumer and order data in pre-advice communication;
3.10 Then share with HUBBED parcel data at the time of parcel dispatch including carrier, consignment and article information
3.11. Manage delivery of the parcel including logistics, transport, tracking and notifications
3.12. Inform consumers that by using the Click & Collect Service they agree to HUBBED terms & conditions and privacy policies.

4. Availability of Service

4.1. While we will use commercially reasonable efforts to keep our Applications available and accessible, the Applications may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Services (as defined in Section 5) or any related application programming interface (“APIs”) and integrations. Interruptions of our Applications shall not serve as a basis to terminate your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees

5. Our Use of Third Party Integrations and Services

5.1. Our Applications may contain links to or allow you to connect and use certain external third-party products, services, or software in conjunction with your use of our Applications and Products (“Third Party Services,” and each, a “Third Party Service”), including certain eCommerce platforms, Carrier or logistics platforms and other integration partners. We are not liable for any damage or loss arising from or in connection with your enablement of such Third Party Service and your reliance on the policies, privacy practices, and data security processes of such Third Party Service. We are not responsible or liable for any changes to or deletion of your data by the Third Party Service. Certain features of our Products may depend on the availability of these Third Party Services and the features and functionality they make available to us. We do not control Third Party Service features and functionality, and they may change without any notice to us. If any Third Party Service stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by HUBBED at our discretion, we may stop providing access to certain features and functionality of our Products. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third Party Service or any resulting change to our Products. You irrevocably waive any claim against HUBBED with respect to such Third Party Services.

6. Payment Terms

You will pay HUBBED per your chosen subscription plan and parcel handling (transaction) fees for the  Click & Collect Service.

6.1. Subscription Plans
Monthly
. For monthly Plans, we will charge you on the first day of your subscription term and automatically on the same date of each subsequent month (“Monthly Pay Date”). We will continue to charge you for your Plan, including any Add-Ons, on a monthly basis unless you decide to cancel at any time by contacting us. If you cancel in the month preceding your Monthly Pay Date, you will not be issued any refunds or credits for the remainder of the subscription term and you will continue to have access to the Products until the following Monthly Pay Date

Annual Plans. For annual Plans, we will charge you on the first day of your subscription term and automatically on the same date of each subsequent year (“Annual Pay Date”). We will continue to charge you for your Plan, including any Add-Ons, on an annual basis unless you decide to cancel prior to the Annual Pay Date by contacting us. If you cancel during the subscription term, we will issue you  a prorated credit for  for the remainder of the subscription term. HUBBED reserves the right to increase subscription fees for your annual Plan on your Annual Pay Date

6.2. The Click & Collect Service parcel handling  (transaction) fee is payable per transaction processed via a HUBBED Click & Collect application and charged according to your subscription plan. For Click & Collect handling (transaction) fees, we will charge you on the on Monday each week for the previous week’s transactions and automatically on the same day of each subsequent week (“Weekly Pay date”). We will continue to charge you weekly for any successful transaction received via any HUBBED Click & Collect applications.

We reserve the right to charge a surcharge if the size and weight of a delivered parcel exceeds the size and weight stipulated in the transaction data processed by a HUBBED Click & Collect application

6.3. Changes To Your Subscription Plan. If you choose to upgrade your Plan or add any Add-Ons to your Plan during your subscription term, you will be charged for the then-current price for the upgrade or Add-Ons prorated based on the number of days remaining in your subscription term. Unless otherwise specified on your service order, any upgrade or Add-Ons that you add will be coterminous with the existing Plan and automatically renew at the end of the subscription term along with your Plan. If you choose to downgrade your Plan or remove any Add-Ons from your Plan, you will not be issued any refunds or credits for the unused and prepaid fees in connection with the downgrade or removal. Downgrading your Plan may cause the loss of content, features, or capacity of your account and we do not accept any liability for any such loss.

6.4. Credit Card Authorization. By submitting your credit card information to HUBBED, you authorize HUBBED to store this information with its third party service providers and to charge the credit card you have provided to us until your account is cancelled. In addition, you authorize us to use a third-party payment processor in processing payments. If your credit card expires, or is declined, we will provide you notice via email. If, for any reason, your payment cannot be completed through credit card we may suspend your account until we receive payment and charge you a fee of “Insert$” to reactivate your account

6.5. Disputes and Late Payments. You must notify us in writing of any amounts you wish to dispute prior to the date such amounts would otherwise be due. Any undisputed amount not paid when due shall be subject to a finance charge of $25 .

6.6. Taxes. Where stated fee’s are in Australian dollars (AUD) excluding GST

7. Cancellation and Termination

7.1. Termination by You. You may terminate your account at any time without cause, but you will not be entitled to any refunds of any prepaid fees, and any unpaid fees under your Plan for the applicable subscription term will become immediately due and payable. You may terminate your account and receive a prorated refund of any prepaid and unused fees.

7.2. Termination by Us. We may restrict functionality of the Products or temporarily suspend your account if we reasonably believe that you have violated these Terms. Unless we believe the need to restrict or suspend access is time-sensitive and requires immediate action without notice, or we are prohibited from providing notice under law or legal order, we will use commercially reasonable efforts to notify you by email prior to such suspension. We will not be liable to you or any third parties for any of the foregoing actions. We may terminate your account and use of the Products for any of the following reasons: (i) you fail to comply with these Terms, (ii) you do not pay your fees in accordance with the payment terms under your Plan, (iii) at the expiration of the subscription period of your Plan if we provide prior written notice to you, (iv) if we reasonably determine you are acting or have acted in a way that could present substantial reputational harm to HUBBED or our current or prospective partners or customers. In no event will any termination by us for the foregoing reasons entitle you to any refunds of any prepaid and unused fees or relieve you of your obligation to pay any fees payable to us prior to the date of termination, and any unpaid fees under your Plan will become immediately due and payable.

7.3. Post Termination. If your account is terminated, you must cease using the Products and HUBBED reserves the right to delete your account settings and Content within thirty (30) days of such cancellation or termination with no liability or notice to you. Once your account settings are deleted, you will not be able to recover such account settings, except any Content that remains on Third Party Services pursuant to the terms and conditions of such Third-Party Services.

8. Your Use Of Our Products

8.1. When using the Click & Collect Service you must;

a. Not arrange the delivery of any goods that contain or compromise Prohibited Articles or Dangerous Goods as defined in Clause 11.1
b. Ensure the parcel is within the required size and weight limits set by HUBBED
c. Specify the address of the chosen HUBBED collection point as the delivery address;
d. Not arrange for the delivery of any goods that incur either excess and/or duty charges payable on delivery;
e. Not arrange delivery outside the chosen HUBBED Collection Points operating hours (as set out in the Collection Points details within the Click & Collect Service application);
f. Not provide instructions to leave the Parcel outside the Collection Point or with the Collection Point’s neighbouring property in the event that delivery is attempted outside of the Collection Points operating hours.

8.2. When the Parcel is delivered to the chosen HUBBED Collection Point we will send an email and/or SMS (a “Delivery Confirmation Notification”) to the collector/consignee informing that the Parcel is ready for collection. This notification includes a one-time use unique PIN (“Collection Code”)
8.3. On receipt of the Delivery Confirmation Notice the collector/consignee must collect the from the specified HUBBED Collection Point within 7 days of delivery
8.4. When collecting the parcel, the following must be provided by the collector;
a. The Delivery Confirmation Notification or Parcel Consignment Number
b. Valid Government Photo Identification (I.e. Passport, or Driver’s license)
c. Collection Code

8.5. If the collector is unable to fulfil these requirements, the HUBBED Collection Point will not release the parcel until the requirements outlined in Clause 9.4 is fulfilled. In such circumstances, the HUBBED Collection Point will continue to hold the Parcel until the expiry of the period set out in the Delivery Confirmation Notifications
8.6. If the collector is unable to collect the parcel and requires a third party – Authorisation must be obtained from you or your logistics carrier
8.7. If the collector is unable to collect the parcel with 7 days of delivery or a term of lesser days determined by you, HUBBED will;
a. Return the parcel to you at a flat rate cost of $9.95
b. Arrange disposal of the parcel incurring a disposal handling fee of $4.95

9. Supply of the Click & Collect service

9.1. Upon activation of the Click & Collect Service via a HUBBED Click & Collect application. HUBBED shall supply the Click & Service to you using reasonable care and skill.
9.2. We have absolute discretion as to the procedure to be followed in the handling and storage of Parcels delivered HUBBED Collection Points.

9.3. We reserve the right to refuse delivery of a Parcel to a HUBBED Collection Point if;
a. You are not a HUBBED Account subscriber with an active Click & Collect Service application connection to Magento or WooCommerce ;
b. You are have not activated the HUBBED Click & Collect Service within Shopify
c. The parcel does not have a clearly identifiable label  
d. The collector/consignees name is not clearly visible on the label
e. The parcel consignment or article number is not clearly visible on the parcel

f. The Parcel; 
(i) Weighs more than 10 kilograms;
(ii) Exceeds maximum size of 120cm cubic dimensions (adding together the length, width and height). Which is about the size limit of airline carry-on luggage.
(iv) Appears to and/or contains Prohibited Articles or Dangerous Goods;
(v) Appears to be damaged; and/or
(vi) The HUBBED Collection Point is unable to safely and securely store the parcel
g. Anyone collecting a parcel is rude or aggressive towards the PUDO employees.

9.4. If we refuse delivery of a Parcel:
a. You will be notified by whichever logistics provider you have engaged to deliver the parcel to the HUBBED Collection Point (HUBBED will not notify you directly).
b. We will not charge you – however fees may be charged by your logistics provider.

10. Prohibited Articles and/or Dangerous Goods

10.1. Prohibited Articles include but are not limited to;
a. Any objects or substances that are either illegal in the Jurisdiction or in respect of which carriage or possession is illegal in the Jurisdiction.
b. Gases, pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive, oxidising or radioactive materials or any other noxious, dangerous or hazardous goods or goods likely to cause damage.
c. Money, prescribed drugs, perishable goods, coins, or plants.
d. Any item of high value including without limitation jewellery, bullion, deeds, bonds, securities, stamps, antiques, fine art.
e. Birds, fish, animals or any other creatures.
f. Any item that requires specialist storage or storage at a specific temperature. Will not be allowed
10.2. If you nevertheless (whether knowingly or unknowingly) place submit a HUBBED Collection Point transaction which results in a Prohibited Article being delivered to a HUBBED Collect Point, we shall be under no liability whatsoever in connection with the Prohibited Article however arising and you shall be liable for any and all loss or damage caused by, or in connection with the Prohibited Article however arising and shall indemnify us against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the Prohibited Article may be destroyed or otherwise dealt with in our absolute discretion by us or by any other person in whose custody they may be at the relevant time.
10.3. We shall be entitled, in our absolute discretion to suspend or cancel your account if you arrange for Prohibited Articles to be delivered to a HUBBED Collect Point
10.4. If we suspect that you are using the Click & Collect Service for fraudulent and/or criminal reasons, we may suspend and/or terminate your account until we have completed further investigations. If such investigations confirm fraudulent and/or criminal behaviour, we may confiscate your Parcels if instructed to do so by the Police and/or any other enforcement agency and may provide them with information about you and/or your orders if so requested.

11. Our Liability

11.1. Subject to any law, the operation of which cannot be excluded, (including the Australian Consumer Law), all Parcels delivered to HUBBED Collect Points are held there at your own risk and we do not accept any liability for any loss or damage caused to Parcels whilst they are being held at a HUBBED Collection Point.
11.2. Notwithstanding Clause 12.1 above, in the event that you are able to supply us with (i) valid proof of delivery to the HUBBED Collect Point; and (ii) confirmation of the value of the Articles contained in the Parcel, we may in our absolute discretion elect to compensate you up to a maximum of the value of the contents of the Parcel or $100.00 per Parcel, whichever is lower. In order to be eligible to receive such compensation, you must provide us with the above information in writing (by using our contact form) within 30 days of the date on which you say the Parcel was delivered. Any compensation will payable be paid directly into your account. We will not pay compensation for Parcels in respect of which collection has not been attempted within the period set out in the applicable Delivery Confirmation Notice, nor shall we be liable for such Parcels.
11.3. We do not exclude or restrict in any way our liability for death or personal injury resulting from our own negligence or the negligence of our employees or agents acting in the course of their employment or agency or for fraud or fraudulent misrepresentation.
11.4. We shall not be liable whether in contract, tort, under statute or otherwise (including in each case negligence) for any of the following type of losses or damages arising under or in relation to provision of the Service:
a. Special or consequential loss or damage (whether direct or indirect); or
b. Any loss of profits, business contracts, anticipated savings, goodwill or revenue (whether direct or indirect).
11.5. Notwithstanding Clause 11.3 for which our liability is limited, our entire liability whether arising from our breach of contract, negligence, breach of statutory duty or data protection breach in connection with our supply of the Click & Collect Service to you shall be limited to the total amount of money you have paid to HUBBED

12. Events outside our control

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
12.2. An “Event Outside Our Control” means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks which prevents us from supplying the Service to you.
12.3. If an Event Outside Our Control takes place:
a. We will notify you as soon as reasonably possible by email; and
b. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of the Service to you, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.

13. Variation

We may amend these Terms at any time by posting the revised Terms on the Website and emailing you to inform you about the same. Your continued use of the Click & Collect Service thereafter will constitute acceptance of the revised Terms.

14. Applicable Law

These terms shall be governed by and construed in accordance with Australian law, and the parties submit to the exclusive jurisdiction of each State

15. Severance

If any provision of these terms is found by a court or body of competent jurisdiction to be illegal, invalid, voidable, not enforceable or unreasonable, it shall be deemed severable to the extent that the remaining provisions of these Terms shall continue in full force and effect.

16. Miscellanous

16.1 Use of Logo. As a merchant, you grant us the right to use your company name and logo on our

website and in any promotional materials press releases and other communications. If you do not wish to have your name or logo be used in this way, or wish to remove your name or logo from such list, please email mechant@hubbed.com.au
16.2 Updates To Terms. We may revise and update these Terms from time to time, at our sole discretion. Any changes we make to these Terms are effective immediately when we post them. We will provide notice to you of any material changes. Continued use of our Products after we provide you notice of the updated Terms shall constitute acceptance of the updated Terms.

17. Definitions

17.1. “HUBBED” or “we” or “us” or “our” or “ourselves” means HUBBED Pty Ltd (ABN 99 600 398 178 whose nominated business address is 8/37 Nicholson St, East Balmain, NSW, 2041, Australia, and includes HUBBED’s servants, agents, locations and any person or persons receiving, storing or carrying Parcels under the contract with HUBBED (including but not limited to HUBBED pick-up and drop-off locations).
17.2. “You”, “Merchant”“Retailer” or “Entity” means a person or company who has registered for a HUBBED Account and has successfully installed the HUBBED Click & Collection application in your website shopping cart
17.3. “HUBBED Collection Point” or “Collection Point”
 means a collection location listed on the HUBBED Click & Collect Application as a Collection Point.
17.4. “Collector”, “Consumer” or “Consignee” means a person who has chosen a HUBBED Collection Point as the delivery address within the HUBBED Click & Collection application enabled on your website. As is the person collecting the parcel from a HUBBED Collection Point.
17.5. “Collection Request” means when a collector acting in accordance with these Terms orders goods from you and is requesting that those goods be delivered to a HUBBED Collect Point.
17.6. “Consignment” means any parcel or “article” which is not a Prohibited for delivery to a HUBBED Collection Point.
17.7. “Article”
 means any parcel or parcels within a consignment which is not a Prohibited for delivery to a HUBBED Collection Point.
17.8. “HUBBED Account” means a user subscription for Access to the HUBBED products including Access to the HUBBED Click & Collect network and Click & Collect Service applications.  
17.9. “Click & Collect Service” means the Click & Collect transactions facilitated via the HUBBED Click & Collect Applications.
17.10. “Jurisdiction” means Australia.
17.11. “Label” means clearly visible and legible identification on a Parcel of the Customer’s name, HUBBED Collection Point Name and the relevant Collect Points address.
17.12. “Parcel” means an Article or Articles that are Correctly Packaged and have a Label attached and “Parcels” shall be construed accordingly.
17.13. “Privacy Policy” means HUBBED’s privacy policy, which can be found on the Website.
17.14. “Prohibited Article” means those items listed in Clause 11.
17.15.“Service” means the receiving, storing and releasing of Parcels delivered to HUBBED Collect Points in accordance with these Terms.
17.16. “Terms” means these terms and conditions as amended from time to time.
17.17. “Valid AU Billing Address” means an address in Australia (excluding a PO Box address).
17.18“Website” means www.clickandcollect.hubbed.com or www.hubbed.com

18. Promotions

18.1. Afterpay offer. Offer valid to existing Afterpay merchants. Must register and activate the HUBBED Click & Collect service by 31 December 2020. The promotional offer period (90 days) commences from your date of registration. The offer is limited to free HUBBED Click & Collect network access and 25% off parcel handling (transaction) fees.  

 At the end of the offer period (90 days), fees will automatically revert to standard HUBBED Click & Collect charges. The Afterpay promotional offer and HUBBED Click & Collect fees is exclusive to the HUBBED Click & Collect service. Shipping, freight, delivery costs to facilitate the delivery/transport of a parcel to a HUBBED collection point incurred by your logistics provider do not apply. During the offer period, if you wish to discontinue with the HUBBED Click & Collect service, login to your account to request a cancellation or email merchant@hubbed.com.au