Australia SOR Terms of Service

Schedule 1 Terms and Conditions

1. Definitions

In these Terms and Conditions, unless the context otherwise requires, the following words and expressions have the following meanings:

Applicable Laws means any law of Australia which apply to the arrangements contemplated by these Terms and Conditions and includes the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010.

GST has the meaning given to that term in the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Personal Information has the meaning given to it in the Privacy Act 1988 (Cth). Products means those goods offered for sale via the Merchant’s website which are not prohibited, or restricted goods were they to be imported into Australia, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws.

Product Price(s) means: 

    (a)   the prices including GST or similar taxes at the appropriate rate of the Product(s) as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and 

    (b)   the prices including GST of the Product(s) as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer and for the avoidance of doubt includes any delivery and other fees and charges charged to the Customer.

    Qualifying Customer Order means an order for a Product(s) that meets all of the following conditions:

    (a)   it is an order for Product or Products placed via the Merchant’s website which are to be transported from a third country or territory to an address in Australia; and

    (b)   assuming the Product would be a Qualifying Customer Order (and hence would be sold by the Merchant to Passport to the Customer), the sale of the Product would be a taxable supply (as defined in the GST Act) by Passport to the Customer on which Passport has the GST liability thereon; and 

    (c)   for the avoidance of doubt, Qualifying Customer Orders are intended to be orders that include offshore supplies of low-value goods where the recipient of the supply is a consumer and that are not made through an electronic distribution platform (as defined in the GST Act).

    2. Purchase and Supply of Products

    2.1   You are shopping on a merchant’s website (the Merchant).

    2.2   If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (Passport), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order in accordance with Applicable Laws.

    2.3   Your Qualifying Customer Order is subject to: 

    (a)   these Terms and Conditions; and 

    (b)   any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

    2.4   You are dealing with Passport and your information will be provided by Merchant to Passport. Passport may contact you about your order.

    2.5   If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

    2.6   The Merchant remains responsible for handling payment for your order.

    2.7   Once your payment is processed, ownership in the items will shift from Passport to you.

    2.8   Certain addresses will be ineligible for shipment, such as PO box addresses.

    2.9   Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion, provided that Customers are given a full refund for any cancellation consistent with Passport’s obligations under the Australian Consumer Law.

    2.10   If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

    2.11   You agree that you are importer of the Products into Australia for customs purposes. You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products:

    (a)   to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations;

    (b)   to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and 

    (c)   to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized. You are liable to pay any customs or import charges or taxes in respect of the Products and you agree to reimburse Passport or the Merchant (as applicable) for any such charges or taxes they incur.

    3. Currency

    3.1   You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

    4. Billing

    4.1   If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

    5. Shipping

    5.1   Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

    6. Chargebacks, Fraud Prevention and Void Transactions

    6.1   For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

    7. Customer Service and Returns

    7.1   Questions or complaints about your order should be directed to the Merchant in the first instance, as agent of Passport.

    7.2   Passport will work with the Merchant as necessary to resolve your issue in accordance with Passport’s obligations under the Applicable Laws. The Merchant is authorized to allow for returns or refunds on orders, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address, in accordance with Passport’s obligations under the Australian Consumer Law and other Applicable Laws.

    7.3   Where a return is otherwise authorized by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide either a full refund or a credit note (as applicable) to the Customer to the extent of the value of the Product(s) authorized to be returned directly to the Merchant.

    7.4   Where a return by the Customer is authorized by Passport or the Merchant, the sale of the item by Passport to the Customer will be cancelled or reversed and the sale of the item by the Merchant to Passport shall also be cancelled or reversed. Accordingly, the Merchant shall issue a credit note to Passport and Passport shall provide either a full refund or a credit note (as applicable) to the Customer, and at Passport’s direction, ownership and risk in the Products for return shall pass from you to Passport and then to the Merchant.

    7.5   In relation to any return of Products to the Merchant, you authorize Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

    8. Limitation of Liability

    8.1   With the exception of liability arising under section 51, 52 or 53 of the Australian Consumer Law, any liability that Passport and/or Merchant may have to you under any Applicable Law in connection with a Qualifying Customer Order in respect of goods, other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, is limited in accordance with the terms of the Australian Consumer Law to either, at the election of Passport and/or Merchant:

    (a)   the repair or replacement of the goods, or the supply to you of equivalent goods; or 

    (b)   the payment of the cost of repairing or replacing the goods, or the cost of you acquiring equivalent goods.

    9. General Terms

    9.1   The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

    10. Compliance with Applicable Laws

    10.1   You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

    11. Privacy

    11.1   To complete your Qualifying Customer Order you will be providing certain Personal Information to the Merchant (including your name, shipping address, phone number and payment information) which will be disclosed to Passport and its service providers.

    11.2   You consent to such information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant.

    11.3   The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy and Applicable Laws.

    11.4   The Merchant and Passport may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any Personal Information will be removed.

    12. Electronic Communications

    12.1   When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to be bound by these Terms and Conditions by electronic means, and to receive communications from Passport electronically/via email.

    13. Modifications

    13.1   You acknowledge that Passport may make changes to its system, policies, and these standard form Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions applies to the making of any order without change once the order has been made, and is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.

    14. Severability

    14.1   If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

    15. Proceedings

    15.1   You and Passport each agree that these Terms and Conditions are governed by the laws of New South Wales, Australia, and You and Passport each irrevocably and unconditionally submits to the non-exclusive jurisdiction of New South Wales, including for the avoidance of doubt the Federal Court of Australia sitting in New South Wales, Australia.

    16. Language

    16.1   The parties have agreed and expressly requested that these Terms and Conditions and all documents related to it be drawn up in English.