The following Terms and Conditions are applicable to the carriage of pre-packed Goods booked through Portsmann's automated Online Self-Service system. Separate Terms and Conditions are applicable to Goods booked TCI Express Courier Service' Retail Service Centres in Australia which can be viewed on our website at www.topcargoexpress.com

1. DEFINITION

   In these Conditions:

   1. "TCI Express Courier Service", "we", "us" and "our" means TCI Express Courier Service Online Ltd A.C.N. 1358 166 817, its related bodies corporate (as this term is defined in the Corporations Act 2001 (Cth)) and its employees, contractors, agents and independent contractors;
   2. "you" and "your" means our customer (being the person or party who engages us to provide Services);
   3. "Goods" means the items accepted by TCI Express Courier Service for carriage under this contract of carriage;
   4. "Market value" means the price that would be negotiated in an open and unrestricted market between a knowledgeable, willing but not anxious buyer and a knowledgeable, willing but not anxious seller acting at arm's length;
   5. "Prohibited Online Goods" means those items classified by TCI Express Courier Service as being incompatible for transport through our automated Online Self-Service system and which are not accepted for carriage and must not be booked and sent through the Online Self-Service system.
   6. "Online Self-Service" means the automated online ordering and payment system on the website: www.topcargoexpress.com for services provided or to be provided by us in connection with the carriage of the Goods including without limitation, the carriage, transport and/or related storage of the Goods or any operations or service incidental to any of them.
   7. "Sub-Contractor" includes any person who under a contract or arrangement with any person (whether us or not) performs or agrees to perform the Services or any part of the Services;
   8. "Freight plus Warranty" means an extended service option that, subject to these Terms and Conditions, includes us providing a warranty for physical loss or damage of the Goods whilst in our care, custody or control as set out in condition 8 below;
   9. Words denoting the singular include the plural and vice versa; any gender includes the other gender; and persons include corporations and bodies politic and include their legal personal representatives and assigns.

2. SERVICES & PRICING

   1. 2.1 TCI Express Courier Service Online Self-Service is an automated ordering and payment system available to customers 7 days a week, 24 hours a day for a limited range of services. Collections and deliveries of Goods occur only on a business day. You must suitably package the Goods for carriage in accordance with this contract of carriage.
   2. TCI Express Courier Service will not accept Prohibited Online Goods for carriage. Items are classified as Prohibited Online Goods based on their weight, size, value, fragility and nature of the items and you are required to check on our website that your Goods are not Prohibited Online Goods before booking your automated Online Self-Service order. You may arrange transport of Prohibited Online Goods with a TCI Express Courier Service Retail Service Centre under separate Terms and Conditions.
   4. 2.2Methods of carriage include road and air via express courier services with such Services being selected online by you as part of the automated booking system process. We will give priority to the method of carriage designated by you but if that method cannot conveniently be adopted by us you shall be deemed to authorise us to carry or have the Goods carried by another method or methods.
   6. 2.3Online Self-Service involves an express courier delivery service under which we collect your packed Goods from your premises and deliver them to the destination address nominated by you. In some remote locations (e.g. rural properties and addresses outside of large regional towns) delivery to the door is not possible and will require the recipient to collect the Goods at a local depot.
   8. 2.4The Online Self-Service involves an automated ordering system and books the collection of your packed Goods on the business day requested by you. If this automated collection fails you must contact the TCI Express Courier Service Service Centre whose details appear on your Tax Invoice, where an alternative collection arrangement will be booked as soon as possible.
   10. 2.5Online Self-Service does not offer flexibility for you to nominate a collection or delivery time slot for any given business day. However, TCI Express Courier Service offers a Drop-Off Service and a Hold for Collection Service option for Online Self-Service customers that allows you to:
       1. Drop off and lodge your packed Goods (already booked and paid through the automated Online Self-Service) at your chosen TCI Express Courier Service Retail Service Centre during service centre opening hours to avoid you waiting for the driver to collect the packed Goods at your premises and, or
       2. Consign your packed Goods for delivery to your chosen TCI Express Courier Service Retail Service Centre at its intended destination in order for the recipient to conveniently collect the Goods during Service Centre opening hours.
   11. 2.6The Online Self-Service automated system books and charges for the delivery based on the consignment details you have completed online. Our charges are based on the greater of charges based on the actual weight or volume of the Goods. For the purpose of calculating weight we round up to the next whole kilogram.
   13. 2.7In addition to the delivery charge, we may charge you surcharges and fees as published in the Surcharge Schedule List on our website. Surcharges are applied against your credit card or PayPal account used to complete the automated Online Self-Service booking. The following surcharges apply to the Online-Self-Service:
       1. Correct Weight/Dimensions Charge: applies when the weight or dimensions of your packed Goods reweighed or remeasured and they are calculated as being different to that which you stated during the online booking.
       2. Prohibited Online Goods Return Charge: applies to any items that are classified as a Prohibited Online Good on our website but is booked by you through the automated Online Self-Service system. If we deem during the act of transportation that your item is a Prohibited Online Good then such items will be held by us for collection by you or may be returned to you.
       3. Booking Alteration Charge: applies to any alteration you request to the booking of your automated Online Self-Service, such as a change of a delivery address.
       4. Cancellation Charge: applies when an Online Self-Service booking is cancelled.
       5. Futile Booking Charge: will be charged if no-one is available to despatch the Goods on your nominated pickup date; if the driver refuses pickup because the required TCI Express Courier Service Online Self-Service labels are not attached to your packed Goods; if the driver refuses pickup because the Goods are not packaged correctly for transport; if you will not release the Goods to the driver on your nominated pickup date.
       6. Waiting Despatch Charge: applicable in respect of any delays in excess of 10 minutes in loading your Goods other than from the default of us. Such permissible delay period commences from the driver reporting for loading the Goods.
       7. Re-delivery charge: will apply where an initial attempt to deliver a consignment fails and is returned to our depot for further processing requiring a subsequent delivery or customer pick-up from a Service Centre, depot or Post Office on another Working Day.
       8. Return Charge: It is the responsibility of the customer when using the Online Self-Service to track the delivery of the Goods through our website and ensure there are no delivery issues. If delivery of your Goods has been attempted to the nominated address, but delivery cannot be completed to the recipient, then your Goods may be returned to you and you will be charged for the return delivery.
       9. Proof of Delivery Charge: It is the responsibility of the customer when using the Online Self-Service to track the delivery of the Goods through our website using your assigned Online Self-Service tracking number. If you require a hard copy Proof of Delivery a surcharge will apply.
       10. Paperwork Charge: Our automated Online Self-Service system requires you to print a bar-coded label and attach this to your packed Goods as well as printed documentation to be handed over with your Goods. A surcharge will apply if any paperwork is required to be produced or completed by TCI Express Courier Service because you have not printed the required documents.
       11. Packaging Service Charge: Applicable packaging charges as quoted by TCI Express Courier Service may apply when the Goods are not packaged correctly for transport.
       12. Storage Charge: applies in circumstances where you elect to consign your packed Goods for delivery to the nearest TCI Express Courier Service Retail Service Centre at its intended destination in order for the recipient to conveniently collect the Goods during Service Centre opening hours. If the Goods are not collected within 5 Working Days from the date the TCI Express Courier Service Retail Service Centre advises you of receipt then you must pay a storage fee for each day the Goods remain uncollected.
   14. 2.8The Goods are accepted for carriage by TCI Express Courier Service through the automated Online Self-Service system on the following conditions:
       1. that you are a UK resident and the Online Self-Service order is booked using a UK registered credit card;
       2. that your Goods have been prepared and packed safely and carefully by you to a standard as published on our website with the outer packaging and internal cushioning sufficient to protect the Goods against shock, vibration, compression and short drops during the handling and sortation process, transport and storage;
       3. that you have printed and securely adhered the TCI Express Courier Service automated Online Self-Service consignment label to the packed Goods prior to collection by the driver;
       4. that for Goods booked for international delivery, you have completed the required documentation as guided online by TCI Express Courier Service (e.g. customs invoice) and will provide these completed documents to the driver on collection;
       5. that the items consigned are not Prohibited Online Goods and that you have ticked a check box to state that you have read and understood what is a Prohibited Online Good as part of this contract of carriage;
       6. that the Goods comply with the requirements of any applicable law relating to the nature, condition and packaging of goods and you accept that any expenses and charges incurred by us in complying with legal requirements will be paid by you;
       7. that if any Goods are subject to the control of customs authorities, all duty, excise duty, taxes and costs which TCI Express Courier Service becomes liable to pay and does pay shall be paid by you;
       8. that you have fully and adequately described the Goods (including but not limited to providing a full and accurate description of the Goods, weight, volume and number of items) on the electronic booking and consignment note;
       9. You are responsible for the information entered into the automated Online Self-Service booking and TCI Express Courier Service will not be held responsible for wrong information that you provide us and any delay this may cause.
       10. Guaranteed transit times are not offered by TCI Express Courier Service automated Online Self-Service. Any transit times quoted by us are issued as a guide only.
       11. You are responsible with the Online Self-Service for ensuring that all details are correctly completed and displayed on the correct parcel and TCI Express Courier Service will not be liable if the Goods are sent and the details were incorrect or placed on the incorrect parcel.
       12. that the person booking the Goods for carriage through the automated Online Self-Service is the owner of the Goods or is authorised to act as the agent for the owner on the terms of this contract of carriage and you as our customer agree to indemnify us for any liability we may incur to any other party in any way relating to the provision of the Services;
       13. that you will inform TCI Express Courier Service of any known registered security interests in the Goods and acknowledge that we will have a security interest over any assets which are the subject of the contracted services and in our possession and acknowledge and consent to the registration and protection of that interest pursuant to the Personal Property Securities Act 2009 (Cth) (as amended) and the Regulations made under that Act; and you will indemnify us for any loss or damage resulting from a breach of any of these provisions.
       14. You will be liable for any damages caused in transit to other shipments or property resulting from sending a Prohibited Online Good through the automated Online Self-Service system.
   15. 2.9You authorise us (if we should think fit to do so) to arrange with a sub-contractor for the carriage of any Goods the subject of this contract. Any such arrangement shall be deemed to be ratified by you upon delivery of the said Goods to such sub-contractor.
   17. 2.10You shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods which may in our absolute discretion be deemed reasonable or necessary in the circumstances.
   19. 2.11You authorise us to contract with sea or air carriers under bills of lading or air waybills and in doing so we will at all times act as an agent for you and you will be bound by the terms of any such bill of lading or air waybill as if it is entered into by you.
   21. 2.12We do not guarantee to stop any Goods once in transit if requested by you to do so although we will use our best endeavours to do so. We will not be liable for any claim relating to Goods that you have requested to be stopped in transit or returned but are not stopped or are delivered to the receiver.

Access to and use of this TCI Express Courier Service World Wide Web site ("TCI Express Courier Service Site") is provided subject to these conditions.

Use of this Site constitutes acceptance of these conditions in full.

The information relating to TCI Express Courier Service and its subsidiaries or affiliated companies and its franchisees (collectively " TCI Express Courier Service ") and TCI Express Courier Service' products and services on this TCI Express Courier Service Site is provided subject to the following conditions:

Copyright

The copyright in this publication is owned by TCI Express Courier Service.

No person may reproduce any portion of the material in these web pages without the prior written consent of TCI Express Courier Service.

TCI Express Courier Service Trademarks

TCI Express Courier Service® (Phrase Trademark) and TCI Express Courier Service (Logo Trademark) are trademarks of TCI Express Courier Service or its subsidiaries. No license to use any of these trademarks is given or implied. These trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way without prior written permission.

Viruses

Whilst TCI Express Courier Service makes all reasonable attempts to exclude viruses from this TCI Express Courier Service Site, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information from this TCI Express Courier Service Site.

Disclaimer of Warranties

Information on this Internet site is provided as is. TCI Express Courier Service, to the fullest extent permitted by law, makes no warranties or representations about the accuracy or completeness of this TCI Express Courier Service Site content. TCI Express Courier Service nor any of its contractors or employees shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content of this TCI Express Courier Service Site.

In no event shall TCI Express Courier Service or any of its contractors or employees be liable for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this TCI Express Courier Service Site.

If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waivered, if any.

Products and Services

Unless otherwise agreed in writing, the transportation products and services mentioned in these web pages are subject to TCI Express Courier Service Terms and Conditions of carriage. This TCI Express Courier Service Site is provided solely for the use of current and potential TCI Express Courier Service customers to interact with TCI Express Courier Service and may not be used by any other person or entity, or for any other purpose. Use of this TCI Express Courier Service Site to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.

Use of Online Booking Features

By transmitting or posting any communication of material to this TCI Express Courier Service Site, you agree that TCI Express Courier Service may use your communication as material for any purpose, including reproduction, transmission, publication, broadcasting and posting. With respect to your personal data, reference is made to the Privacy Statement of

TCI Express Courier Service. The sender of any communications to this TCI Express Courier Service Site shall be responsible for the content and information contained therein, including its truthfulness and accuracy. TCI Express Courier Service may discontinue, suspend or modify the TCI Express Courier Service Site at any time without notice, and TCI Express Courier Service may block, terminate or suspend any user's access to the TCI Express Courier Service Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Links to other Web Sites

There are links on the TCI Express Courier Service Site that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by

TCI Express Courier Service.

TCI Express Courier Service makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

TCI Express Courier Service has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Revision of Terms of Use

TCI Express Courier Service may revise these terms of use. You agree to be bound by any such revisions and should therefore visit this page every time you visit the TCI Express Courier Service Site to determine the current terms to which you are bound.