Section 1. Agreement ("Agreement").
I (hereinafter referred to as "I", "Me", "Customer" or "My") acknowledge that clicking the "Submit" button constitutes My signature and My acceptance of and agreement to the terms and conditions of the FedEx Australia eDeclaration Service ("Service") as set out in this Agreement, on behalf of me and the entity with which I am employed or represent, if any. I further acknowledge that My clicking the "Submit" button does not automatically render Me eligible for the Service, and that My eligibility to participate in the Service will be determined solely by FedEx based on My compliance with the eligibility requirements provided in this Agreement and My response to the eligibility questions posed by FedEx on fedex.com or otherwise. I acknowledge that to determine My eligibility to participate, I must apply at fedex.com and will receive notice from FedEx regarding whether I am eligible to participate. I acknowledge that once deemed eligible for the Service, this Agreement with FedEx ("FedEx") governs My participation in the Service and that I will only be allowed to participate in the Service as provided in this Agreement. I acknowledge that eligible participants will be referred to throughout this Agreement as "Participant". When used in this Agreement, the name "FedEx" shall mean and include Federal Express (Australia) Pty Ltd., its parent corporation and any and all of its parent corporation's affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded to FedEx under this Agreement, but Federal Express (Australia) Pty Ltd is the sole obligor.
Section 2. Service.
I acknowledge that I must apply on fedex.com to be considered for eligibility to participate in the Service. During the term of this Service, and subject to the terms of this Agreement, Participants who have provided an active email address will receive an electronic copy of the Australian Customs Service Import Declaration in portable document format ("PDF"). The PDF will be attached and delivered via electronic mail. Only Australian based importers may be Participants. Paper copies of the Import Declaration will not be delivered to the Participant.
Section 3. Restrictions.
(a) The Service does not apply to shipments that have been exported from Australia, that are being transhipped through Australia or any other shipment that is not being imported to Australia via FedEx.
(b) Customers whose accounts have a status of Cash Only, Past Due, or Inactive, all as determined by FedEx in its sole discretion, are not eligible to participate in the Service.
(c) Customers whose accounts are designated as Interline Account, Global Service Participant Account, FedEx Corporate Account, FedEx Authorised ShipCentre ® Account, FedEx Employee Account or FedEx WorldWide Service Accounts, all as determined by FedEx in its sole discretion, are not eligible to participate in the Service.
(d) Participant's email address must be provided during the application process. Participant's participation in the Service constitutes Participant's permission for FedEx to use such email address to communicate with Participant.
(e) Package consolidators are not eligible to participate in the Service.
(f) Participants must be 18 years of age or older, have an Australian based delivery address, an active email address and an active facsimile number.
(g) Void where prohibited by law.
Section 4: Limitation of warranty and liability
(a) To the extent permitted under applicable law, FedEx and its officers, employees, contractors and/or agents will not be liable in any way for any loss or damage (including consequential loss or damage) to any person, however caused (whether by negligence or otherwise), which may arise directly or indirectly as a result of the execution and use of the Service or otherwise in respect of the Service. Without limitation, FedEx and its officers, employees, contractors and/or agents will not be liable in any way for:
(1) any errors or omissions, or for any loss or damage of any kind (including due to negligence) incurred as a result of, or as a result of reliance on, the Service;
(2) any liability, loss or damage (including due to negligence) suffered or incurred as a result of the Service or any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(b) To the extent permitted under applicable law, FedEx gives no express warranties and disclaims all implied warranties, and makes no representations, concerning the Service and any use of the Service. Without limitation, FedEx does not warrant or represent that:
(1) the Service is suitable for any purpose;
(2) the Service is free from any computer viruses or other defects; or
(3) Participant's use of the Service will be continuous or uninterrupted.
Section 5. Term of Service.
Participants may use the Service to receive electronic copies of the Australian Customs Service Import Declaration for shipments consigned to an Australian delivery address. FedEx reserves the right to (a) modify the application period for the Service; (b) alter or modify the Service or this Agreement; and (c) suspend or terminate the Service or this Agreement, all at any time for any reason through a notice posted by FedEx on fedex.com or as otherwise provided by FedEx. In the event a Participant is later determined not to be eligible for the Service after being notified that Participant was eligible, Participant's participation in the Service will be terminated. Decisions regarding eligibility to participate in the Service are solely within the discretion of FedEx.
Section 6. Shipments.
The terms and conditions of carriage in the applicable FedEx International Priority ® Service Standard Conditions of Carriage (South Pacific) in effect on the day of any shipment made by Participant under the Service shall apply to any such shipments. If there is a conflict between the FedEx International Priority Service Standard Conditions of Carriage (South Pacific) and the Service, the FedEx International Priority Service Standard Conditions of Carriage (South Pacific) terms and conditions will prevail.
Section 7. Privacy
Section 8. Controlling Law and Severability.
This Agreement shall be governed by and construed in accordance with the laws of Australia and the State of New South Wales, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. To the maximum extent permitted by law, any cause of action arising under this Agreement must be instituted in a court of competent jurisdiction in the state of New South Wales, Australia within one year after the claim or cause of action has arisen or be barred.
Section 9. Complete Agreement.
This Agreement constitutes the entire agreement with respect to the Service and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on FedEx without FedEx's written consent.