1.  BACKGROUND

1.1 EMPIRE COURIERS Pty Ltd (ABN 81144042839) (“Empire Couriers”) agrees to provide the Services to the Customer subject to the terms and conditions of these Terms of Trade. 

1.2 Empire Couriers shall supply the Services to the Customer subject to the terms and conditions of these Terms of Trade. 

1.3 Empire Couriers may at any time and without cause suspend the supply of Services on credit to the Customer. 

1.4 The Customer is deemed to accept these Terms of Trade upon the Goods coming into Empire Courier’s possession. 

2. DEFINED TERMS 

“Customer”  means any individual or entity engaging in Empire Couriers' services. 

“Due Date”  means the date for payment of the services. 

“GST” means Goods and Services Tax imposed under A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Guarantors”  are bound to fulfill the engagement he has entered into, provided the principal debtor fails to pay or perform.

“PPSA”  means the Personal Property Securities Act 2009 (Commonwealth) . 

“Price”  means the total price of the Services plus any GST payable in relation to such supply as stated in a tax invoice issued by Empire Couriers. 

“Security Interests”  means a security interest under the PPSA. 

“Services”  includes warehousing, carriage, transport, movement, pick and pack and/or any other service performed or arranged by Empire Couriers for the Customer.

3. PAYMENT 

The Customer must pay the Price to Empire Couriers by the end of the month immediately following the month in which the Services are provided. 

4. FAILURE TO PAY 

If the Customer fails to pay any part of the Price that is payable to Empire Couriers by the Due Date: 

(a) All money owed by the Customer to Empire Couriers for Services becomes immediately due and payable; 

(b) The Customer must pay interest at the rate of two (2) percent per month on all outstanding money owed to Empire Couriers from the date of the supply of the Services until payment in full is made; 

(c) The provision of credit by Empire Couriers to the Customer shall, at the discretion of Empire Couriers, be indefinitely suspended. 

5. INDEMNITY & LIABILITY 

5.1 The Customer indemnifies Empire Couriers for: 

(a) Any reasonable legal costs that Empire Couriers may become liable for by way of a default by the Customer under these Terms of Trade; 

(b) The reasonable costs, including their commission, of any mercantile agent Empire Couriers may choose to engage as a consequence of a default by the Customer under these Terms of Trade; and 

(c) any other disbursements or outgoings that Empire Couriers may reasonably become liable for by way of a default by the Customer under these Terms of Trade. 

5.2 Other than as stated in these Terms of Trade, Empire Couriers is not liable to the Customer in any way howsoever arising under or in connection with the provision of the Services to the Customer or to any third party at the Customer’s request or direction except to the extent such liability arises as a result of the negligent act or omission of Empire Couriers. 

5.3 If the Customer is a consumer (as defined in the Australian Consumer Law of the Competition and Consumer Act 2010 (Cth) ACL) nothing in the Terms of Trade restricts, limits or modifies the Customer's rights or remedies against Empire Couriers for failure of a statutory guarantee under the ACL.

5.4 Empire Couriers shall not be liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including, but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party, other than, if the Customer is a consumer, and then only to the extent the loss was reasonably foreseeable. 

6. PERSONAL PROPERTY SECURITY ACT 2009 

6.1 Unless the context otherwise requires, the terms used in this clause have the meanings given to them in, or by virtue of, the PPSA. 

6.2 In consideration of Empire Couriers agreeing to provide the Services to the Customer on credit, the Customer charges to Empire Couriers to secure the repayment to Empire Couriers of all monies owed by the Customer to Empire Couriers in relation to the supply of the Services to the Customer the whole of the Customer’s undertaking, property and assets whatsoever and wheresoever, both present and future, including, but not restricted to, its present and future book debts, goodwill, plant and equipment, inventory and freehold and leasehold land (“Fixed and Floating Security Interest”). 

6.3 Empire Couriers may, by notice to the Customer at any time, require the Customer to take all steps that Empire Couriers considers necessary or desirable to: 

(a) Ensure that these Terms of Trade and Fixed and Floating Security Interest arising under them are enforceable against the Customer or any third party; and 

(b) Protect, perfect, record or better secure Empire Couriers position under these Terms of Trade and pursuant to the Fixed and Floating Security Interest as a first ranking security. 

6.4 The Customer acknowledges that Empire Couriers reserves the right to register a financing statement in respect of any Security Interests provided to Empire Couriers by the Customer under these Terms of Trade and that the cost and expense of registering a financing statement or a financing change statement is to be paid by the Customer. 

6.5 The Customer waives the right to receive a copy of any notice, verification statement confirming registration of the financing statement or a financing change statement relating to the security interest under these Terms of Trade, unless the notice or statement is required by law and cannot be excluded. 

6.6 The Customer agrees: 

(a) To do whatever is necessary in order to give a valid security interest over the Customer’s assets referred to in subclause 6.2 and their proceeds which is able to be registered by Empire Couriers on the Personal Property Security Register. 

6.7 If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising out of these Terms of Trade the parties agree that each of the provisions of the PPSA which Section 115 of the PPSA permits parties to contract out of, other than Section 117, 118, 134(i) and 135, do not apply to the enforcement of that security interest. 

6.8 To the maximum extent permitted by law, the parties agree that the following provisions of the PPSA do not apply to the enforcement by the seller of its security interests in the Services: Sections 95, 118, 121(4), 125, 130, 132 and 135. 

6.9 If there is any replacement or amendment of the PPSA then the PPSA as amended shall continue to apply to these Terms of Trade. 

6.10 The Customer must immediately upon Empire Couriers request: 

(a) do all things and execute all documents necessary to give effect to the security interest created under these Terms of Trade; and 

(b) procure from any person considered by Empire Couriers to be relevant to its security position such agreements and waivers (including as equivalent to those above) as Empire Couriers may at any time require. 

7. FORCE MAJEURE 

7.1 Empire Couriers is not liable in any way howsoever arising under these Terms of Trade to the extent that it is prevented from acting by events beyond its reasonable control, including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. In any event of force majeure occurs, Empire Couriers may suspend or terminate these Terms of trade by written notice to the Customer. 

8. ACCOUNT INFORMATION 

8.1 The Customer is required to advise Empire Couriers of any changes to their account details within seven (7) days of the change. 

8.2 If the Customer has elected to receive any documentation (statements, invoices/credits) via email the Customer agrees to notify Empire Couriers immediately of any email address updates to ensure there is no delay on delivery of the documentation and subsequent payment. 

9. MISCELLANEOUS 

9.1 The law of Tasmania from time to time governs the Terms of Trade. The parties agree to the non-exclusive jurisdiction of the courts of Tasmania, the Federal Court of Australia, and the courts entitled to hear appeals from those Courts. 

9.2 Empire Couriers failure to enforce any of these Terms of Trade shall not be construed as a waiver of any of Empire Couriers rights. 

9.3 If a clause is unenforceable it must be read down so as to be enforceable or, if it cannot be so read down, it must be severed from these Terms of Trade without affecting the enforceability of the remaining terms. 

9.4 A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed to be received upon confirmation of successful transmission. 

10. GUARANTEE 

10.1 In consideration of Empire Couriers having agreed to provide the Services to the Customer on credit pursuant to these Terms of Trade the Guarantors guarantee the payment to Empire Couriers of all monies owed from time to time by the Customer pursuant to these Terms of Trade and, in particular but without limiting the generality of this clause: 

(a) If the Customer fails to pay any monies due and owing for a period of fourteen (14) days or more the Guarantors must pay such monies upon written request by Empire Couriers; 

(b) This Guarantee shall operate whilst any monies are owed from time to time by the Customer to Empire Couriers pursuant to these Terms of Trade and shall not be recoverable or discharged on the death of the Guarantor or by the death or bankruptcy of the Customer or winding up of the Customer; 

(c) Nothing in this guarantee shall be deemed to impose upon Empire Couriers an obligation to give notice to the Guarantors of any default by the Customer or to include in any demand particulars of the default of the Customer resulting in that demand; 

(d) Where there is more than one Guarantor each of those persons shall be liable personally and severally under this clause. 

11. CREDIT CHECKS

The Customer authorises and consents to Empire Couriers obtaining credit information about it from, and supplying information to, a credit reporting body or collection agency for commercial credit related or credit guarantee purposes or for ongoing credit management of the Customer’s account, including collecting payments.

11. PRIVACY

Empire Couriers respects individuals’ privacy and only collects information that is reasonably necessary for its business. Please refer to our Privacy Policy at https://www.empirecouriers.com.au/conditions for details about how and why we may use personal information, rights of access to that information, our complaints procedures and contact details for those enquiries. 

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1 GENERAL CONDITIONS

1.1 APPLICATION OF CONDITIONS

These Conditions apply to all Services provided by EMPIRE COURIERS Pty Ltd (ABN 81144042839) (“Empire Couriers”).

The Customer is deemed to accept these Conditions upon the Goods coming into Empire Courier’s possession.

1.2 DEFINITIONS

In these Conditions:

“Abandoned Goods”  means Goods which have not been accepted for delivery and which have remained in the possession of Empire Couriers for 180 days.

“ Conditions”  mean these Standard Conditions of Contract.

“Container”  means any container, trailer, transportable tank, pallet, flat rack, bolster or any device used to consolidate and carry Goods.

“Contract”  means the whole of the terms and conditions agreed with Empire Courier for the performance of the Services and the agreement resulting from the acceptance by Empire Couriers of the Goods for transportation or storage and is deemed to include these Conditions, the Terms of Trade, the conditions which are incorporated into any bill of lading, waybill or consignment note issued by Empire Couriers, and the applicable Rate Card and Services Agreement and any variations agreed in writing by Empire Couriers and the Customer.

“Customer”  means the person at whose request or on whose behalf Empire Couriers provides the Services.

“Dangerous Goods”  means dangerous goods as defined in the Australian Dangerous Goods Code, and any Goods which are dangerous, volatile, explosive, inflammable or offensive, or which may become dangerous, volatile, explosive, inflammable or offensive, or which may become harmful to any person, property or the environment whatsoever. 

“Empire Couriers”  means the entity Empire Couriers Pty Ltd (ABN 81144042839) with whom this contract is made.

“Empire Couriers Website”  means https://www.empirecouriers.com.au/ 

“Goods”  means the cargo, baggage, Motor Vehicle or item in relation to which any part of any Services have been or are to be performed and any receptacle, Container, package, packaging, or item in or on which they are contained or with which they are stored or handled. 

“Government Agency”  means a government or government department or other body, a governmental, semi governmental or judicial person, or a person (whether autonomous or not) who is charged with the administration of a law. 

“GST Law”  has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). 

“Invoice” means a tax invoice issued under the GST Law.

“Motor Vehicle”  means a passenger vehicle, light commercial vehicle or truck.

“Rate Card” means the rate card for each Customer to calculate charges for the Services. 

“Responsible Persons”  means the Customer and anyone enjoying the benefit (whether directly or indirectly) of any part of the Services whether as principal, servant or agent.

“Services”  mean the whole of the operations provided by Empire Couriers for the Customer including the warehousing, carriage, transport, movement, pick and pack and/or any other service performed or arranged by Empire Couriers for the Customer, and any and all computer systems used by Empire Couriers to provide the Services.

“Services Agreement”  means, where applicable, the agreement forming part of this contract which includes specific provisions relating to the Services.

“Subcontractor”  means any person, and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not Empire Couriers) provides or agrees to provide the Services or any part of the Services. 

“Tariff”  means Empire Couriers' tariff of charges as applicable from time to time.

“Temperature Controlled Goods”  means Goods which require temperature control. 

1.3 APPLICATION 

1. Empire Couriers is not a common carrier and accepts no liability as such. Empire Couriers reserves the right to agree or to refuse to contract with the Customer in its absolute discretion. 

2. Empire Couriers is not, and will not be deemed to be, a consignor as defined by the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cth), and accepts no liability as such. The Customer authorises Empire Couriers to name the Customer or another person as the consignor in any documentation where applicable. 

3. All Services are provided by Empire Couriers subject only to the Contract.  

4. In the event of and to the extent of any inconsistency between these Conditions and the conditions which are incorporated into any bill of lading, waybill or consignment note issued by Empire Couriers, the conditions in the bill of lading, waybill, consignment note or Empire Couriers Website shall prevail. 

5. All rights, immunities, indemnities and limitations of liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this Contract or of these Conditions by Empire Couriers or any other person entitled to the benefit of such provisions. 

6. If any provision or any part of a provision in these Conditions is unenforceable such unenforceability shall not effect any other provision or any other part of a provision. 

7. Empire Couriers shall not be bound by any agreement purporting to waive or vary these Conditions unless such agreement is in writing and signed by an authorised person. 

1.4 CUSTOMER'S WARRANTIES 

The Customer warrants that: 

1. It is either the owner and/or the authorised agent of the person or persons owning or having any interest in the Goods or any part of the Goods and enters into this Contract on its own behalf and/or as authorised agent of that person or persons. 

2. The Goods are packed to withstand the ordinary risks of the Services having regard to the nature of the Goods, and the Container has been secured. 

3. It has accurately and fully described the Goods and has provided all necessary instructions and information regarding handling, care and control of the Goods having regard to the nature and packaging of the Goods. 

4. It has complied with the requirements of any applicable law (including the Australian Dangerous Goods Code) relating to the nature, condition, packaging, handling, labelling, storage and carriage of the Goods and it shall provide all necessary assistance, information and documentation to enable Empire Couriers to comply with any of its obligations under such laws. 

5. It shall not tender any Dangerous Goods or Temperature Controlled Goods for the provision of Services by Empire Couriers without presenting a full description of the Goods and disclosing their nature, and where relevant, information relating to the manner in which the Services must be provided. 

1.5 CUSTOMER'S INDEMNITIES

1. The Customer indemnifies and will keep Empire Couriers, its officers, employees, agents and Subcontractors indemnified against: 

a) any loss, damage, expense or liability incurred by them; 

b)  any claim or allegation made against, or any claim for death of or bodily injury to a person,

directly or indirectly caused by the Goods, their carriage, their use, or the Customer’s failure to comply with the Contract.

2. The indemnity in this clause 1.5 is reduced proportionately to the extent that Empire Couriers’ negligent act or omission caused or contributed to such loss, damage, expense, liability, claim or allegation. 

1.6 EMPIRE COURIERS’ RIGHTS 

1. Empire Couriers may provide the Services by any method which Empire Couriers in its absolute discretion deems fit notwithstanding any instructions of the Customer that the Services are to be supplied by another method.  Empire Couriers may comply with any orders, directions or recommendations made by a Government Agency in relation to the Goods and/or the provision of the Services without recourse by, and at the risk and expense of, the Customer. 

2. If the Customer or the receiver fails to accept delivery of the Goods, Empire Couriers shall be entitled to store the Goods at the risk and expense of the Customer. 

3. Empire Couriers may dispose of Abandoned Goods by public auction or private treaty and without compensation to the Customer. The Customer shall be given 14 days written notice of Empire Couriers' intention to dispose of the Goods. 

4. If, in the opinion of Empire Couriers, the Goods are liable to become Dangerous Goods, Empire Couriers in its absolute discretion may refuse to provide the Services, or may at any time destroy, dispose of, abandon or render harmless the Goods without compensation to and at the expense of the Customer. 

5. If, in the opinion of Empire Couriers, the Goods do not meet the requirements of all applicable laws relating to the Goods and Services, or are unsuitable to be handled by Empire Couriers using the equipment and operating procedures normally employed by Empire Couriers in providing the Services, Empire Couriers in its absolute discretion may: 

a) refuse to provide the Services in respect of the Goods or any part of them; or 

b) take whatever measures deemed necessary at the risk and expense of the Customer to cause the Goods to comply with the requirements of all such laws or to make the Goods suitable to be handled. 

7. If, in the opinion of Empire Couriers it is necessary and reasonable to do so to render the Goods or Services in relation to the Goods safe, Empire Couriers may open any Container, package, wrapping or document. 

8. Empire Couriers may subcontract the Services (in whole or in part) on any terms and Empire Couriers is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of a Subcontractor and/or any person who is or may be vicariously liable for the acts or omissions of Empire Couriers or a Subcontractor, each of whom shall to this extent be or be deemed to be parties to this Contract. 

9. Empire Couriers may provide additional services to the Customer to the Services being provided in which case the provisions of the Contract will apply with such additional charges payable by the Customer as notified by Empire Couriers and agreed to by the Customer. If the Customer does not agree to such additional charges, Empire Couriers is under no obligation to provide the additional services. 

1.7 EMPIRE COURIERS’ LIABILITIES 

1. Every exemption, limitation, condition, right, defence and immunity available to Empire Couriers shall be available and shall extend to protect a Subcontractor or any person who is or may be vicariously liable for the acts or omissions of Empire Couriers, or a Subcontractor. 

2. Empire Couriers accepts no responsibility for the accuracy of any part of any description of, or any declaration in relation to, the Goods on any document to which the Services relate. 

3. Except as provided for in clause 1.7.4, Empire Couriers, its officers, employees and agents shall not be liable to the Customer for any damage, costs or losses (including, without limitation, consequential losses, loss of business, lost profits or production, loss of opportunity or anticipated savings, indirect or economic loss in any case whether foreseeable or not) incurred by the Customer or any other person:

a) arising out of a breach by the Customer of any warranty in these Conditions and/or any applicable Services Agreement; 

b) arising from loss or damage to the Goods, concealed damage, deterioration, contamination or evaporation of the Goods, misdelivery of the Goods or delay in delivering or failure to deliver the Goods; or

c) caused by delay in providing or failure to provide or perform the Services,

except to the extent such damage, costs or losses were caused or contributed to by the negligent act or omission of Empire Couriers.  

4. Subject to the provisions of this clause, the liability of Empire Couriers in respect of an incident (being those incidents listed in clause 1.7.3) is limited to supplying the Services again or to the payment of the cost of having the Services supplied again. 

5. Subject to the provisions of this clause, any claim for loss of or damage to the Goods or relating to performance of the Services must be notified in writing to Empire Couriers within 7 days of delivery of the Goods or Container or the date by which the Goods should have been delivered. 

6. In any event, Empire Couriers shall be discharged from all liability whatsoever unless suit is brought within 6 months of the provision of the Services, delivery of the Goods or Container, when the Services should have been provided, or when the Goods should have been delivered.

7. If the Customer is a consumer (as defined in the Australian Consumer Law of the Competition and Consumer Act 2010 (Cth) ACL) nothing in the Conditions restricts, limits or modifies the Customer's rights or remedies against Empire Couriers for failure of a statutory guarantee under the ACL.

1.8 ADVICE & INFORMATION

1. Empire Couriers shall not be responsible in tort, contract or otherwise for any, or the consequences of any, loss or damage, costs, fines or penalties incurred by the Customer or any other person resulting from or arising out of or in connection with any quotation, advice, statement, representation or information given or made by or on behalf of Empire Couriers to the Customer or others as to the classification of or any matter material to the valuation of or the liability for the amount, scale or rate of customs and/or excise duty or other impost, tax or rate charged in respect of the Goods. 

2. In giving or making such quotation, advice, statement, representation or information Empire Couriers relies solely on the particulars provided by the Customer in relation to the Goods and in relation to the transaction(s) relating to the Goods. 

1.9 CARRIAGE AND RETURN OF CONTAINERS

1. The Customer shall be responsible for the return of any Container to the person who owns or has the right of possession of a Container or its agent and the Customer indemnifies Empire Couriers against any claims, demands or liabilities which may arise as a result of a failure by the Customer to do so, except to the extent such claim, demand or liability is caused or contributed to by the negligent act or omission of Empire Couriers. 

2. Empire Couriers shall not be responsible for the safe and proper packing and stowage of the Goods in any Container, having regard to the requirements of the Container, if such packing and stowage is done by the Customer. 

3. Any Container supplied by Empire Couriers shall be: 

a) inspected by the Customer prior to packing and stowage to ensure that the Container is undamaged and suitable for carriage of the Goods; and 

b) returned to Empire Couriers clean and undamaged to the place and by the date nominated by Empire Couriers, failing which the Responsible Persons shall be jointly and severally liable for demurrage which shall be charged in accordance with the applicable Tariff or Services Agreement, and for all resulting costs and expenses incurred by Empire Couriers. 

1.10 NO INSURANCE

1. The Customer acknowledges that the Carriage of Goods is inherently risky and Empire Couriers would not agree to provide the Services without an assurance that the Customer has adequate insurance. Accordingly, the Customer agrees that it will take out insurance in relation to loss of, or damage to, the Goods and any failure to perform the Services and waives all rights it may have against Empire Couriers in relation to the subject matter of such insurance.

2. The Customer will hold the benefit of such insurance for itself and Empire Couriers and will indemnify Empire Couriers against any liabilities incurred by, or claims made against, Empire Couriers arising from any failure by it to take out such insurance. 

1.11 PAYMENT

1. Empire Couriers' charges must be paid in full within 14 days of the date of the Invoice issued by Empire Couriers without discount, deduction, counterclaim or set-off, regardless of any dispute between Empire Couriers and the Customer. In the event of a breach by the Customer of this clause 1.11.1, Empire Couriers reserves the right to suspend or to refuse to provide the Services to the Customer in its absolute discretion. 

2. Empire Couriers may charge by weight, measurement or value and may at any time re-weigh or re-value, or re-measure or require the Goods to be re-weighed, re-valued or re-measured and charge proportional additional charges accordingly. 

3. Every special instruction to the effect that charges shall be paid by a person other than the Customer shall be deemed to include a stipulation that if that person does not pay those charges within 7 days of the date set for payment, or if no date is set for payment within 7 days of delivery or attempted delivery of the Goods, then the Customer shall pay those charges within 7 days of being notified of that person's failure to pay. 

 

1.12 LIEN

1. Empire Couriers has a general lien on the Goods and any documents relating to the Goods for all sums payable by the Customer to Empire Couriers. 

2. Empire Couriers shall have the right to charge for storage and/or may remove to a warehouse or bond store the Goods subject to a lien at the risk and expense of the Customer. 

1.13 FORCE MAJEURE

1. Empire Couriers is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control, including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. In any event of force majeure occurs, Empire Couriers may suspend or terminate the Contract by written notice to the Customer.

1.14 STANDARD CHARGEABLE PALLET SIZE 

In respect of line haul services and freight services between Tasmania and mainland Australia, unless otherwise agreed, the following provisions apply:

a) General less than container load (LCL) rates are charged by Empire Couriers on the dead weight or cubic weight (1:1 ratio) of the pallet, whichever is greater.

b) The standard pallet specification is 1.20 M x 1.20 M x 1.20 M. Out of gauge freight will be charged in 1.20 M increments.

c) These services are based on a Fork On/Fork Off basis, and for business to business transactions only. Empire Couriers has the right to impose additional charges should alternative loading and unloading methods be required. 

d) Demurrage will apply after one hour for semi-trailer truck loading or unloading at the rate specified in the Rate Card. 

e) Charges for Sideloader or Tilt Tray delivery will be quoted based on site suitability for pick up and delivery of Goods. The Customer acknowledges and agrees that full payment of the charges is required if Empire Couriers fails to deliver Goods by using Sideloader or Tilt Tray delivery methods due the delivery or pickup site not being suitable for either delivery method. 

1.15 JURISDICTION

1. These Conditions shall be governed and construed in accordance with the laws of Tasmania and the parties submit to the exclusive jurisdiction of that State.

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 This privacy policy sets out how Empire Couriers uses and protects any information that you give Empire Couriers when you use this website. 

Empire Couriers is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Empire Couriers may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Empire Couriers complies with the Privacy Act 1988 and represents the industry’s best practice. Customer Privacy is very important to us and we collect and use personal information only as outlined below. This Privacy Policy describes how your personal information is collected, used, and shared when you visit, input information or make a purchase from www.empirecouriers.com.au (the “Site”).

PERSONAL INFORMATION WE COLLECT 

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies: 

 “ Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit www.allaboutcookies.org 

“ Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

“ Web beacons,” “ tags,” and “ pixels” are electronic files used to record information about how you browse the Site. 

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.” 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). Device information may also be used to send marketing information specific to the device.

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above.3rd party apps include, but are not limited to:

a) We use Odoo to power our backend systems. You can read more about how Odoo uses your Personal Information here: https://www.odoo.com/privacy. 

b) We also use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: tools.google.com/dlpage/gaoptout. 

c) Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

BEHAVIORAL ADVERTISING

As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page here. You can opt out of targeted advertising by following these 3rd party provider links:

Facebook, Google, Bing.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: optout.aboutads.info/.

DATA RETENTION

When you interact with the Site, we will maintain your Information for our records unless and until you ask us to delete this information. 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. 

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