INFORMATION ABOUT US
Welcome to our website, overnightair.com (Website). CargoMaster Pty Ltd owns and operates this website.
We are CargoMaster Pty Ltd (ABN 921 5888 7435) Hereinafter referred to as CargoMaster.
We are a cost effective, Australian owned freight forwarder and provider of next generation international freight services.
“CargoMaster, Australia’s Favourite Freight Forwarder”
You may not use the website and may not accept these Terms if you:
- lack the legal capacity to enter into a binding contract with CargoMaster;
- are a person who is not permitted to access or use this website under the laws of the country in which you are resident or from which. You access this website; and/or
- require the consent of a guardian or parent to competently agree to these Terms and have failed to obtain that consent.
By using the website and/or the content, you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these Terms.
2.Changes to Terms
CargoMastermay, at any time, for any reason and without notice make changes to:
- this website, including its look, feel, format, and content, as well as
The website is directed to those individuals and entities located in Australia, United States of America and United Kingdom..It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this website. CargoMaster makes no representation that the information, opinions, advice or other content on the website (collectively, “Content”) is appropriate or that its products and services are available outside Australia. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
The use of the website shall be construed in accordance with, and governed in all respects by, the laws of the State or Territory of NSW, Australia, under exclusion of the Vienna Convention on the International Sale of Goods – CISG, without regard to conflicts of law principles.
4. The content of this website
4.1. Not an offer / accuracy of content
CargoMaster presents the content on this website for informational purposes only. The content does not cater to any particular user’s objectives, financial situation, or means. All services offered by CargoMaster are subject to completion (in the manner required) of the requisite application forms and other documentation and are governed by the relevant CargoMaster Terms and Conditions for these particular services. CargoMaster reserves the right to reject, in its absolute discretion and without affording you any reason, any application submitted for services contained on this website.
The content is specifically not to be construed as a recommendation or an offer to buy or sell or the solicitation of an offer to buy or sell. Although the website content is based upon information that CargoMaster considers reliable and which endeavours to keep current, CargoMaster does not represent and has not necessarily verified that website content is accurate, current, or complete and it should not be relied upon as such.
CargoMaster has not determined that the website content is suitable for any particular purpose and/or user whatsoever, other than as a general reference, and has not necessarily disclosed all risks relating to the website content or its subject matter.
The fact that CargoMaster has made the website content available to you is neither a recommendation that you enter into a particular transaction nor a representation that any service described on this website is suitable or appropriate for you.
4.2. Website’s content is not an advice
The information available on this website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance.You should not construe this as medical, or other (qualified) health professional advice. This website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR MEDICAL SPECIALIST, OR OTHER QUALIFIED HEALTH PROFESSIONAL, OR OTHER ADVISER, AS APPROPRIATE.
4.3. Changes to content of this website
CargoMaster may add new features and modify or even discontinue existing features without notice to you and in its sole discretion. You expressly agree to this.
In addition, the website may include technical, typographical or other inaccuracies and you are urged to contact CargoMaster to confirm all information contained on this website before placing any reliance on it. Changes are periodically made to the information on this website and these changes will be incorporated in new editions of this website. CargoMaster reserves the right to alter or amend any criteria or information set out in this website without notice.
4.4. Scope of Use of website’s content and User E-Mail
You are only authorised to view, use, copy for your records and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of this website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the content on this website, or the design or layout of the website or individual sections of it, in any form or media. The systematic retrieval of data from the website is also prohibited. With the only exception of fair dealing as permitted pursuant to section 40 Copyright Act 1968 for the purposes of criticism, research and study etc, none of this website text, images or any other Intellectual Property, being subject to copyright protection, may be reproduced or modified or redistributed for any commercial purpose, or distributed to a third party for any such purpose, without prior written consent of CargoMaster. Any authorised reproduction including fair dealing must acknowledge CargoMaster as the original source of the material reproduced and any reproduction made of the material must include a copy of this original notice.
You agree not to submit or transmit any e-mails or materials through the website that:
- are defamatory, threatening, obscene or harassing,
- contain a virus, worm, Trojan horse or any other harmful component,
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the website without the prior written consent of CargoMaster is strictly prohibited.
Information transmitted through electronic communications may be susceptible to monitoring and interception and you bear the risk of such submissions and you waive any claims you may have for any losses you may suffer as a result information transmitted to us and which may be monitored and/or intercepted. CargoMaster reserves its right to request independent verification of any information transmitted to CargoMaster using Electronic Communications.
Please be aware that any unsolicited confidential or proprietary information sent to CargoMaster using electronic communications cannot be guaranteed to remain confidential. If you need to send such information to us and are concerned about the security of this information please contact CargoMaster and that will advise you of the most appropriate transmission method.
5. Your Conduct
You agree to comply with all local laws, rules and regulations which govern your website use as well as to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
- take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the website;
- submit any person’s personal information to the website without that person’s informed consent to do so;
- gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the websites to collect or attempt to collect personal information about third parties without their knowledge or consent;
- violate the privacy of any person or attempt to gain unauthorised access to the website or any other network, including (without being limited to) through hacking, password mining or any other means;
- use the website to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
- copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the website’s source code or any part thereof, unless this is expressly permitted or required by law, or unless CargoMaster has specifically told you that you may do so, in writing;
- use the website in any manner which could damage, impair, overburden or disable the website or interfere with any other user’s website use;
- use the website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
- use the website to make fraudulent offers to sell or buy products, items or websites or to offer or solicit for any type of financial scam such as “pyramid schemes” and “chain letters”;
- use the website in a manner that may infringe upon the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others; and/or otherwise use the website to engage in any illegal or unlawful activity.
Should you engage in any one or more of the above practises, which shall be determined in CargoMaster’s sole discretion (and which decision shall be final), then CargoMaster shall be entitled, without prejudice to any other rights CargoMaster may have, to:
- without notice, suspend or terminate your website use;
- hold you liable for any costs CargoMaster incurs as a result of your misconduct; and/or
The materials use in relation to this website, as well as the organisation and layout of this website, are protected by Australian and International copyright laws and treaty provisions.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to Frieghtcare. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by Frieghtcare, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
- commercialise any information, products or services obtained from any part of this Site;without our written permission.
You may access, download and print materials on this website solely for your personal and non-commercial use; however, any print out of this website, or portions of the website, must include CargoMaster’s copyright notice.
No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this website without the prior written permission of CargoMaster. With the only exception of fair dealing as permitted pursuant to section 40 Copyright Act 1968 for the purposes of criticism, research and study etc, none of this or any other email CargoMaster sends, its website text, images or any other Intellectual Property, being subject to copyright protection, may be reproduced or modified or redistributed for any commercial purpose, or distributed to a third party for any such purpose, without prior written consent of CargoMaster. Any authorised reproduction including fair dealing must acknowledge CargoMaster as the original source of the material reproduced and any reproduction made of the material must include a copy of this original notice.
Except the way, as expressly provided under the “Scope of Use of website’s content and User E-Mail” section above, you may not use, reproduce, modify, transmit, distribute, publicly display or operate this website without the prior written permission of CargoMaster.
You may not use a part of this website on any other website, without CargoMaster’s prior written consent.
CargoMaster respects the intellectual property rights of others and expects our users to do the same. The policy of CargoMaster is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]
You may not link to this website without CargoMaster’s written permission. If you are interested in linking to this website, please contact [email protected]
8. No Unlawful or Prohibited Use
As a condition of your use of the website, you warrant to CargoMaster that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
Gathering email addresses from CargoMaster through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with CargoMaster should be directed to: [email protected]
10. Disclaimer of Liability/ No Warranties
To the FULLEST extent permitted by law,CargoMaster disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the website (or the website itself, for that matter) is fit for any purpose other than as a free casual reference work in respect of the content provided on the website.
Although CargoMaster has taken precautions to minimise the risk of transmitting software viruses, CargoMaster advises you to perform your own virus checks. CargoMaster does not accept liability for any loss or damage caused by any software viruses or any malfunction of the website.
CargoMaster will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if you have been expressly advised of the potential loss.
Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit our liability in respect of any:
- death or personal injury caused by CargoMaster’s negligence;
- fraud or fraudulent misrepresentation on the part of CargoMaster; or
- matter which it would be illegal or unlawful for CargoMaster to exclude or limit, or to attempt or purport to exclude or limit, its liability.
The recipient agrees that the exclusions and limitations of liability set out in this disclaimer are reasonable.
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CargoMaster EXPRESSLY DISCLAIMS. CargoMaster DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT AND CargoMaster WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. CargoMaster HAS NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. CargoMaster MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY CargoMaster.
11. Indemnity/ Third party websites
You hereby indemnify CargoMaster and CargoMaster‘s associates from any loss,damages, liability, claim or demand due to or arising out of your use of the website or your breach of these terms.
11.2. Third party websites
CargoMaster has no control over linked websites and you agree that CargoMaster is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, information, goods or services available on or through any such linked websites. You agree that where you use linked websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to the website is similarly entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
12. Rights Infringements
If you are of the view that your rights have been infringed through unlawful website use by users or third parties, you may address a complaint to CargoMaster which satisfies the following requirements and/or sets out the following information:
- the full names and address of the complainant;
- the written or electronic signature of the complainant;
- identification of the right that has allegedly been infringed;
- identification of the material or activity that is claimed to be the subject of unlawful activity;
- the remedial action required to be taken by the service provider in respect of the complaint;
- telephonic and electronic contact details, if any, of the complainant;
- a statement that the complainant is acting in good faith;
- a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
Email: [email protected]
CargoMaster will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the website and/or taking appropriate steps against the offending user.
13. Governing Law, Location and Miscellaneous
14. Separate Agreements
15. Users Disputes
You are solely responsible for your interactions with other users. CargoMaster reserves the right, but has no obligation, to monitor disputes between you and other Users.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
17. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. CargoMaster SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF CargoMaster HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY CargoMaster. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
20. Documents and Notices
CargoMaster chooses the addresses specified on the website at [email protected] for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
Unless we require otherwise, electronic signatures, encryption and/or authentication are not required for our electronic communications to be valid.