Terms of use of DeliveryQuoteCompare.com.au website


Website terms of use

(a) General

(a) www.deliveryquotecompare.com.au is a site operated by Delivery Quote Compare (Australia) PTY LTD (ACN: 628 298 420) (we, us, or our).

(b) This page, and any documents referred to in it, governs the terms of use under which you may make use of our products, services, mobile app and website www.deliveryquotecompare.com.au (collectively the Site).

(c) The term you refers to the person or organisation accessing, using or relying upon the Site.

(d) Please read these terms and conditions of use (Terms) carefully before you start to use the Site.

(e) By using, browsing or accessing the Site, you indicate that you have read, understood and accept these Terms, together with our Privacy Policy, and that you agree to abide by them.

(f) We encourage you to read these Terms and to contact us by email at [email protected], if you have any particular questions in relation to the use of the Site.

(g) If you do not agree to these Terms, you should not access or otherwise use the Site and the products and services offered on, or via, the Site.

(b) Accessing the site

(a) We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period.

(b) Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the products, services and content we provide on the Site without notice.

(c) From time to time, we may restrict access to some parts of the Site (wholly or partly).

(d) You are responsible for:

  1. Making all arrangements necessary for you to have access to the Site; and
  2. For ensuring that all persons who access the Site through your internet connection or mobile telephone, or otherwise, are aware of these Terms, and that they comply with them.

(e) When accessing and using the Site, you must not:

  1. attempt to undermine the security or integrity of our computing systems or networks;
  2. attempt to undermine the security or integrity of a third party's computing systems and networks where the Site is hosted by a third party;
  3. use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used in the course of delivering the Site;
  4. use or misuse the Site in any way which may impair the ability of any other user to use the Site;
  5. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access, or to the computer system on which the Site is hosted;
  6. transmit, or input into the Site any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or
  7. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site.

(c) Specific website information

(a) The Site is a platform that allows users to:

  1. post jobs; and
  2. obtain quotes from transport providers,

with a view to entering into a transaction.

(b) The Site is a portal or conduit providing you with access to and use of third party content (Third Party Content). No products or services are directly sold by us through the Site, unless expressly stated otherwise.

(c) We do not recommend or endorse any:

  1. products;
  2. services; or
  3. Third Party Content,

appearing on or via the Site, or our social media pages, or any websites linked to the profiles of third party providers (Third Party Providers).

(d) We disclaim all liability and responsibility arising from any reliance placed on such products, services, and Third Party Content (and any products and services provided from or via the Third Party Content) by:

  1. any visitor to the Site, our social media pages, or any websites linked to the profiles of Third Party Providers; or
  2. anyone who may be informed of any of its contents, and we make no representations or warranties that use of any of the foregoing will not infringe intellectual property rights of any third parties.

(e) The Third Party Providers (and their advertisers) and users of the Site are responsible for the accuracy of all representations made in any Third Party Content advertised, displayed or listed on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.

(f) We may, but are under no obligation to, monitor the Third Party Content. To the extent permitted by law, we do not:

  1. warrant that the products or services or, Third Party Content displayed, listed or offered on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers, are accurate, complete, reliable, current or error-free; or
  2. make warranties about the standard or quality of any of the products, services, or Third Party Content offered or displayed on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.

(g) You agree to make your own enquiries to verify information displayed on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers and to assess the suitability of products or services before you purchase.

(h) You accept the risk of purchasing products or services advertised, displayed, or listed by a Third Party Provider or user of the Site on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.

(i) Any opinions, warranties, representations, advice, statements, products, services, offers, Third Party Content, or other information, displayed, advertised, listed or made available by a Third Party Provider or users of the Site are those of the respective author, advertiser or distributor, and not us.

(j) We reserve the right to modify or remove any Third Party Content at any time, but we are under no obligation to do so.

(d) User account and password

(a) You do not need to register or login to the Site in order to view the content and information on the Site, including Third Party Content.

(b) If you wish to offer, dispose of, discard, receive or exchange products or services on, or via, the Site you must create an account with us (Account) on the Site.

(c) Your Account will be operated by an email address and password (Password) You may change or reset your Password by selecting the ‘Forgot Password' link in the sign-up process, or inside your Dashboard settings once logged into the site.

(d) You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.

(e) In relation to your Account, you undertake that you will:

  1. not disclose your Password to any third party and take reasonable measures to prevent disclosure of your Password to any third parties. You are liable for all use of the Site using your Account or Password. Please notify us immediately if:
    1. you become aware that your Account or Password is being used without authorisation; or
    2. there is any other security breach relating to your Account or Password;
  2. provide only accurate, complete registration information, and you will update that information if it changes in order to keep it current, complete and accurate;
  3. create only one account on the Site, and you will remain responsible for anything that happens through your Account; and
  4. not impersonate another account holder or provide false identity information to gain access to or use the Site.

(e) Personal information

(a) Any personal information provided by you is processed by us in accordance with our Privacy Policy.

(b) By using the Site and providing any such personal information, you consent to such processing and you warrant that all information provided is true and accurate.

(f) Site changes

(a) We may, but are under no obligation to, update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site, our social media pages or any websites linked to the profiles of Third Party Providers.

(b) By using the Site and providing any such personal information, you consent to such processing and you warrant that all information provided is true and accurate.

(g) Policies and guidelines

You shall comply with our policies and guidelines as applying from time to time

(h) Third party websites

(a) The Site, or any Third Party Content, may link to other websites, services, products or resources on the Internet, and other websites, services, products or resources may contain links to the Site. In this regard:

  1. these websites are not under our control and are not maintained by us.
  2. we are not responsible for the content of those websites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else).
  3. we only provide links to third party websites for your information and convenience.

(b) Links, references or other connections to the websites, resources, products or services mentioned in clause h(a) do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

(c) Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites or third party suppliers that you visit or transact with.

(i) Linking to our site

(a) You may link to our homepage, provided you obtain our prior written consent. You can request our consent by sending us an email at [email protected].

(b) Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

(c) You must not establish a link from any website that is not owned by you.

(d) The Site must not be framed on any other site, and you may not create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

(j) Intellectual property

(a) The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (collectively, IP Content).

(b) Without limiting the foregoing, we are the owner or the licensee of all intellectual property rights in the Site, the IP Content, and the Third Party Content.

(c) Subject to clause j(b), you may print off copies, and download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.

(d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text.

(e) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by visitors, users or third parties are those of the respective author, distributor or advertiser, and not us.

(f) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us or our licensors.

(g) If you print off, copy or download any part of the Site or any of our social media pages in breach of these Terms:

  1. your right to use the Site and our social media pages will cease immediately; and
  2. you must, at our discretion, return or destroy any copies of the materials you have made

(k) Limitation of libility and indemnity

(a) The IP Content, or Third Party Content displayed on or via the Site, our social media pages, any websites linked to the profiles of Third Party Providers or any i other links in relation to the products or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.

(b) It is your sole responsibility to determine that the Site meets your personal needs and is suitable for the purposes for which it is used.

(c) To the extent permitted by law, we, our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us, hereby expressly exclude:

  1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  2. any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for:
    1. any loss of or damage to any property belonging to you or any third person, or personal injury or death to you or any third person;
    2. special, indirect or consequential loss or damage; or
    3. loss of income, revenue or profits, loss or interruption of business, loss of contracts, loss of anticipated savings, loss or corruption of data, loss of use, loss of privacy, loss of goodwill, wasted management or office time, loss of opportunity or expectation loss, loss of production and for any other loss or damage of any kind,
    in any way connected with the Site, the products or services, or in connection with the use, inability to use, or results of the use of the Site, any social media pages and websites linked to it and any IP Content, and Third Party Content posted on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.
  3. Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions, or impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent.

(e) If any such laws mentioned in clause k(d) apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited, and if any liability remains it will be limited to any one or more of the following in our sole discretion:

  1. in the case of any products, the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products; and
  2. in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

(f) Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed $500.

(g) You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:

  1. the use of the Site, our social media pages or any websites linked to the profiles of Third Party Providers or any other products or services accessed via, or associated with, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers;
  2. a breach of these Terms; or
  3. an infringement of any rights of another including, but not limited to, privacy rights and intellectual property rights.

(l) Customer support

(a) You acknowledge that we have no obligation to provide you with customer support of any kind.

(b) However, we may provide you with customer support from time to time, at our sole discretion, provided that you submit your enquiries to [email protected] or call 1300-415-412

(m) Viruses and hacking

(a) You must not misuse the Site by knowingly introducing viruses, trojans or other material, which is malicious or technologically harmful.

(b) You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

(c) We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site, or due to your downloading of any material or content posted on it, or on any website linked to it.

(d) We recommend that all Internet users always ensure they have up to date virus checking software installed.

(n) Suspension and termination

(a) You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to:

  1. any Account or Password (whether chosen by you or allocated by us);
  2. the Site, our social media pages, or any websites linked to the profiles of Third Party Providers; and/or
  3. any products and services offered on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.

(b) Cause for such suspension or termination shall include, but not be limited to:

  1. breaches or violations of these Terms, our policies and guidelines (including our Privacy Policy), and any other agreements entered into between the parties;
  2. requests by law enforcement or other government agencies;
  3. discontinuance of the Site or any websites linked to the Site (or any part of those sites); or
  4. unexpected technical or security issues or problems.

(c) You agree that all such suspensions or terminations shall be made at our sole discretion, and that we shall not be liable to you or any third party for any such suspension or termination.

(o) Uncontrollable events

We shall not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of any acts, events, omissions, accidents or circumstances outside of our reasonable control, including strikes, lock-outs or other industrial disputes, failure or breakdown of plant, machinery, software, hardware or communication network, act of God, natural disasters, sabotage, war or national emergency, riot, civil commotion, computer hacking, internet interruption or virus, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, explosion, flood, storm, default of hosting or data centre providers or other suppliers or sub-contractors, an act or omission of a third party and shortage of suppliers, equipment and materials.

(p) No waiver

(a) A failure by us to:

  1. insist upon strict performance of your obligations under these Terms; or
  2. exercise any of the rights and remedies we are entitled to under these Terms, at any time, will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

(b) If we waive a default, this does not constitute a waiver of any subsequent defaults.

(c) No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

(q) Severability

(a) If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will be severed from the remaining terms to the extent of the invalidity, unlawfulness or unenforceability.

(b) The rest of these Terms will continue to be valid, lawful and enforceable.

(r) Entire agreement

(a) These Terms, our Privacy Policy, and any documents referred to in them, constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements, between the parties relating to the subject matter.

(b) Each party acknowledges that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

(s) Variations to these terms

(a) We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site. The changes will be effective immediately, unless expressed otherwise.

(b) It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site. Your continued use of the Site will be deemed as your acceptance of any changes.

(c) We may assign or sublicense any of our rights or obligations under these Terms at any time without obtaining your consent.

(t) Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship, is intended or created between you and us by these Terms.

(u) Governing law

These Terms are governed by the laws of the State of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.



Terms and conditions (customers)

(a) Definitions and interpretation

(a.1) Definitions

Accepted Quotation means a:

  1. Quotation Price provided by the Transport Provider and accepted by the Customer; or
  2. Book Now Price selected by the Customer and accepted by the Transport Provider.

Agreement means these terms and conditions.

Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) Schedule 2.

Book Now Price means the facility allowing the Customer to accept a fixed price and make a confirmed booking.

Booking Fee means the fee payable by the Customer to DQC for its provision of the DQC Services.

Business Daymeans a day when all banks are open for business generally in Melbourne, Australia, other than a Saturday, Sunday or public holiday.

Customer means a person who uses the Site to:

  1. make a Request for Quotation; or
  2. accept a Book Now Price

Chain of Responsibility (COR) means the principle under the HVN Law imposing obligations to ensure safety on all parties in the supply chain who exercise control or influence over transport activities.

Dangerous Goods means any goods classified as illegal or dangerous goods under the Dangerous Goods Code.

Dangerous Goods Code means the Australian Code for the Transport of Dangerous Goods by Road & Rail, Edition 7.6, 2018 and any subsequent edition, amendment or equivalent of that code.

Delivery Contract means a contract between a Customer and a Transport Provider for the Transport Services, specified in the Request for Quotation or Book Now Price.

DQC means Delivery Quote Compare (Australia) PTY LTD (ACN: 628 298 420).

DQC Services means the introductory services provided by DQC to the Customer, specified in clause b.

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Heavy Vehicle National Law (HVN Law) means the national legislative scheme for the regulation of road safety and transport, as set out in the Schedule of the Heavy Vehicle National Law (Queensland) 2012 and the Heavy Vehicle National Regulations (Queensland) 2012 and any registered or interim industry code of practice, as applied by the States, Territories and the Commonwealth by legislation incorporating it as a law of that jurisdiction, or any other law in a participating or non-participating State or Territory, as may be applicable to the performance of the Transport Services which directly or indirectly related to:

  1. mass, load and restraint requirements for the carriage of goods;
  2. driving hours, speed limits, and traffic rules;
  3. heavy vehicle registration, maintenance, inspections and driver licensing;
  4. the carriage of Dangerous Goods; and
  5. the management of driver fatigue.

Loss means any loss, cost, expense or damage, regardless of whether it is:

  1. direct or indirect;
  2. present or future;
  3. fixed or ascertained; or
  4. arising under common law, statute or contract.

Parties means the Customer and the Transport Provider.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Quotation means the price quotation provided by the Transport Provider to the Customer following a Request for Quotation.

Request for Quotation means the Customer's request for a Quotation.

Site means www.deliveryquotecompare.com.au or any other webpage communicated by DQC to the Customer.

Transport Provider means a person providing or offering to provide the Transport Services and that person's subcontractors.

Transport Services means services provided or offered to be provided by the Transport Provider to the Customer.

(a.2) Interpretations

In this Agreement:

  1. a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision;
  2. a reference to a person includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency;
  3. a word which indicates the singular also includes the plural, and vice versa;
  4. words such as ‘include’, ‘for example’ or ‘including’ are to be interpreted without limitation; and
  5. no clause will be interpreted to the disadvantage of a party because that party was responsible for preparing this Agreement, or including the clause..

(b) Terms and conditions

(a) This Agreement between DQC and the Customer sets out the terms applying to use of the DQC Services. The Customer should read this Agreement carefully before starting to use the DQC Services.

(b) By using or accessing the DQC Services, the Customer indicates it has read, understood and accepted this Agreement, together with the Privacy Policy, and agrees to abide by them. If the Customer does not agree to be bound by this Agreement, it must refrain from using the DQC Services.

(c) DQC Services

(a) DQC provides an introduction conduit service through the Site which facilitates Customers to:

  1. request Transport Services and Quotes for Transport Services from multiple Transport Providers;
  2. respond to Quotes and offers to provide Transport Services; and
  3. obtain contact information for Transport Providers with a view to entering into a Delivery Contract.

(b) DQC does not provide any transportation services under this Agreement and is not a party in the supply chain for the purposes of the HVN Law.

(d) Delivery Contract and interaction between Customer and Transport Providers

(a) The Delivery Contract is between the Customer and the Transport Provider. DQC has no involvement in, nor is it a party to, any Delivery Contract.

(b) The Customer expressly acknowledges and agrees that DQC is not a party to the Delivery Contract and acts as a mere conduit between the Parties.

(c) Delivery Quote Compare:

  1. is merely 'passing on' information represented by the Transport Provider on the Site; and
  2. does not endorse the Transport Provider or any representations made by, or conduct of, the Transport Provider.

(d) DQC has no control over, nor is it responsible for, the:

  1. quality, safety or legal aspects of the Transport Services; or
  2. quotes or prices a Transport Provider offers through the Site.

(e) It is the Customer's responsibility to:

  1. select a suitable Transport Provider for the Transport Services;
  2. consider the terms of a Book Now Price or Quotation;
  3. ensure the quality, safety and legal aspects of the Transport Service and Delivery Contract, including compliance with applicable Chain of Responsibility obligations and the HVN Laws; and
  4. negotiate the terms of the Delivery Contract.

(f) DQC is not involved, nor does it assume any risk or liability whatsoever, in relation to any of the following:

  1. the subject matter or applicability of the Transport Services or Delivery Contract;
  2. the interaction between the Customer and the Transport Provider;
  3. the Customers compliance with applicable laws and any obligations or duties arising in connection with the HVN Law or the Chain of Responsibility, in its role as a prime contractor, consignee, consignor packer or otherwise; and
  4. any reliance on the Transport Services by the Customer or any other person.

(g) DQC makes no warranty about the standard or quality of the Transport Services or the Transport Provider's skills, credentials, experience or qualifications (and any reliance placed on them). Therefore, the Customer is encouraged to exercise a high standard of care and independently verify the Transport Provider before any interaction or dealings.

(e) Fees and charges

(a) When the Customer accepts a Book Now Price or Quote, in consideration for DQC's administrative efforts in facilitating the conduit between the Parties, the Customer must pay the Booking Fee to DQC immediately.

(b) DQC will charge the Customer a Booking Fee as set out in the DQC pricing table.

Quote amount ($) Booking Fee
$0 - $435 17% of the value, with a minimum fee of $18
$435 - $870 15% of the value between $435 and $869.99, plus 17% of the remaining value from $0 - $435.99, with a minimum fee of $18
$870 - $1740 12% of the value between $870 and $1739.99, plus 15% of the remaining value between $435 and $869.99, plus 17% of the remaining value from $0 - $435.99, with a minimum fee of $18
$1740 and over Quotes of $1740 and over, 2% of the value over $1740, plus 12% of the value between $870 and $1739.99, plus 15% of the remaining value between $435 and $869.99, plus 17% of the remaining value from $0 - $435.99, with a minimum fee of $18

(c) The obligation of the Customer to pay the Booking Fee to DQC is independent of the Transport Provider's provision of the Transport Services.

(d) The balance of the Accepted Quotation, being the difference between the value of the Accepted Quotation and the Booking Fee, is payable directly to the Transport Provider under the Delivery Contract for the Transport Provider's provision of the Transport Services. This payment is not made through the Site.

(e) All Quotations provided to a Customer by the Transport Provider through the Site are inclusive of GST and, where applicable, any local taxes.

(f) Taking into account that the Booking Fee is an administration fee based on DQC's running of the Site, DQC reserves the right to change the basis for the calculation of the Booking Fee at any time. For the avoidance of doubt, any changes to the calculation of the Booking Fee will not apply to any Book Now Price or Quotation accepted by the Customer before the Booking Fee calculation was changed.

(f) Cancellations and refunds

(a) In the event of an Accepted Quotation, the Customer and Transport Provider must negotiate the terms of the Delivery Contract directly.

(b) Either Party may withdraw from such process prior to entering into the Delivery Contract.

(c) If the Transport Services are not completed, the Customer must notify DQC of the reason for such non-completion (Confirmation of Cancellation).

(d) If the Customer issues a Confirmation of Cancellation, DQC will notify the Transport Provider of its receipt of the Confirmation of Cancellation (Cancellation Notice). The Cancellation Notice will only be effective:

  1. on the day it is received, if that day is a Business Day; or
  2. on the Business Day after the day it is received, if that day is not a Business Day

(e) If the Transport Provider has not responded to the Cancellation Notice within 24 hours of notification, DQC reserves the right to find an alternative Transport Provider (including by re-listing the Request for Quotation). DQC reserves the right to charge an additional Booking Fee for re-listing the Request for Quotation.

(f) If the Customer selects a Book Now Price and the Transport Provider has not accepted that Book Now Price within 24 hours of the Customer selecting the Book Now Price, DQC will refund the Customer's Booking Fee.

(g) DQC is under no obligation to refund the Booking Fee to the Customer if the Customer's reason for cancellation is the Customer has:

  1. changed their mind;
  2. provided inaccurate details, including in the Request for Quotation or when selecting the Book Now Price; or
  3. negotiated or agreed to the same or similar transportation services with the Transport Provider directly.

(g) Restraint on bypassing

(a) The Customer must not, directly or indirectly, take any action which could be expected to circumvent, bypass, disturb or adversely affect any provision of any agreement or understanding between the Customer and DQC and the Transport Provider and DQC.

(b) The parties recognise that the restraints set out in this clause (g) are considered reasonable by the parties and necessary for the protection of DQC's proprietary and legitimate commercial interests.

(h) Dangerous Goods

(a) The Customer must not accept a Book Now Price for Transport Services in relation to Dangerous Goods.

(b) The Customer must not issue a Request for Quotation relating to Dangerous Goods unless:

  1. the Request for Quotation clearly and accurately discloses the nature of the Dangerous Goods;
  2. the Dangerous Goods are packed and labelled appropriately and in accordance with the Dangerous Goods Code; and
  3. it complies with the Dangerous Goods Code and any applicable law relating to the transportation or storage of dangerous, explosive, flammable, hazardous, noxious, offensive or otherwise prohibited goods (including any weapons).

(c) The Customer must not accept a Quote unless it has read, understood and can comply with the Transport Provider's conditions of carriage and packing instructions in respect of the Dangerous Goods.

(d) If the Customer is unsure if any of its goods are Dangerous Goods, or of the nature of the Dangerous Goods, the Customer must not issue a Request for Quotation relating to those goods.

(e) If the Customer is unsure if it can comply with any applicable laws or the Transport Provider's conditions of carriage or packing instructions it must not accept a Quote.

(i) Liability

(i.1) Consumer Guarantees

(a) If the Customer acquires the DQC Services, it has certain rights under the Australian Consumer Law that cannot be excluded, restricted or modified (Consumer Guarantees).

(b) The DQC Services will be provided:

  1. with due care and skill;
  2. in accordance with any other Consumer Guarantee relating to services.

(i.2) Limitation of liability

(a) This clause i.2 does not exclude, restrict or modify:

  1. the application of any Consumer Guarantee; or
  2. subject to clause i.2(b), DQC's liability for a failure to comply with any Consumer Guarantee, as required under the Australian Consumer Law.

(b) If the DQC Services are not ordinarily acquired for personal, domestic or household use or consumption, DQC limits its liability, for a failure to comply with a Consumer Guarantee, to (at its election):

  1. providing the DQC Services again; or
  2. the payment of the cost of having the DQC Services provided again.

(c) DQC is not liable for any loss or damage suffered by the Customer if there has been a breach of any Consumer Guarantee (except the Consumer Guarantee as to due care and skill) and the breach occurred only because of:

  1. an act, default, omission or representation of a party other than DQC; or
  2. a cause independent of human control that occurred after the DQC Services were provided.

(d) DQC is not liable for any loss or damage suffered by the Customer if it was not reasonably foreseeable that the Customer would suffer that loss or damage as a result of DQC's:

  1. actions or omissions; or
  2. failure to comply with any Consumer Guarantee,

relating to the DQC Services.

(j) Privacy and intellectual property

(a) By providing information, including Personal Information, to DQC, the Customer authorises DQC to disclose that information to the Transport Provider in accordance with DQC's Privacy Policy.

(b) DQC is the owner or the licensee of all intellectual property rights contained within, or via, the Site (including the look and feel, code)base, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and any compilation or organisation of any of the above).

(k) Feedback

(a) As part of the conduit system of the Site, DQC facilitates a system of feedback evaluations from the Parties in relation to each Party's performance in the course of their Delivery Contract.

(b) DQC is not involved, in any way, in the compilation or assessment of, or reliance on, these feedback evaluations.

(c) The Parties are then able to take into account these ratings, when considering their independent decision as to whether to:

  1. select a Book Now Price provided by a Transport Provider;
  2. accept a Book Now Price selected by a Customer;
  3. respond to a Request for Quotation provided by a Customer;
  4. accept a Quotation provided by a Transport Provider.

(d) Ratings on the performance of a Party can be made by the other Party in the form of positive, neutral or negative ratings along with a general comment. An overall feedback score for a particular Party is the mean of the ratings they have received.

(e) The Customer acknowledges and agrees that:

  1. Transport Providers may leave feedback about the Customer;
  2. its overall feedback rating will be calculated in accordance with clause k(d); and
  3. it will not use any feedback received on the Site on any media channel, venue or website other than the Site.

(f) DQC does not pre-screen, monitor, vet or edit, and is not responsible for, any feedback evaluations or ratings. DQC reserves the right to redact or remove any:

  1. business name, trade mark or identifier; and
  2. any material likely to be offensive or defamatory,

from any feedback evaluation or rating.

(l) Nature of relationship

(a) Nothing in this Agreement is intended to create an employment relationship or agency relationship between the parties.

(b) DQC is merely a facilitator in procuring an opportunity for Customers to obtain Transport Services from Transport Providers. The entering into a Delivery Contract is effected at the Customer's sole and entire risk.

(m) General

(a) The Customer may not assign or novate any of its rights or obligations under this Agreement without DQC's prior written consent.

(b) Any waiver of a right or remedy under this Agreement must be in writing.

(c) This Agreement represents the entire agreement between the parties and supersedes all prior discussions, negotiations, understandings and agreements in relation to the subject matter of this Agreement.

(d) Any notices, directions or similar given or communicated by a party to this Agreement has no legal effect unless it is in writing. Any notice provided by email will be deemed to be received by the recipient when the email is sent.

(e) This Agreement is governed by the laws in force in Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.


Terms and conditions (Transport providers)

(a) Definitions and interpretation

(a.1) Definitions

Accepted Quotation means a:

  1. Quotation Price provided by the Transport Provider and accepted by the Customer; or
  2. Book Now Price selected by the Customer and accepted by the Transport Provider.

Agreement means these terms and conditions.

Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) Schedule 2.

Book Now Price means the facility allowing the Customer to accept a fixed price and make a confirmed booking.

Booking Fee means the payable by the Customer to DQC for its provision of the DQC Services.

Business Day means a day when all banks are open for business generally in Melbourne, Australia, other than a Saturday, Sunday or public holiday.

Chain of Responsibility (COR) means the principle under the HVN Law imposing obligations to ensure safety on all parties in the supply chain who exercise control or influence over transport activities.

Confirmation of Cancellation means a notice issued by the Customer to DQC that the Transport Services were not completed.

Consequential Loss means any of the following:

  1. incidental, special, remote or unforeseeable loss or damage;
  2. loss of revenue, profit, income, bargain, opportunity, use, production, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, but excluding loss of any amounts that, other than for the act or omission of a party, would have been payable under this Agreement;
  3. costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
  4. loss or damage set out above in paragraphs (a) to (c) that is incurred or suffered by or to a third party.

Customer means a person who uses the Site to:

  1. make a Request for Quotation; or
  2. accept a Book Now Price.

Dangerous Goods means any goods classified as illegal or dangerous goods under the Dangerous Goods Code.

Dangerous Goods Code means the Australian Code for the Transport of Dangerous Goods by Road & Rail, Edition 7.6, 2018 and any subsequent edition, amendment or equivalent of that code.

Delivery Contract means a contract between a Customer and a Transport Provider for the Transport Services, specified in the Request for Quotation or Book Now Price.

DQC means Delivery Quote Compare (Australia) PTY LTD (ACN: 628 298 420).

DQC Services means the introductory services provided by DQC to the Transport Provider, specified in clause b.

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Heavy Vehicle National Law (HVN Law) means the national legislative scheme for the regulation of road safety and transport, as set out in the Schedule of the Heavy Vehicle National Law (Queensland) 2012 and the Heavy Vehicle National Regulations (Queensland) 2012 and any registered or interim industry code of practice, as applied by the States, Territories and the Commonwealth by legislation incorporating it as a law of that jurisdiction, or any other law in a participating or non-participating State or Territory, as may be applicable to the performance of the Transport Services which directly or indirectly related to:

  1. mass, load and restraint requirements for the carriage of goods;
  2. driving hours, speed limits, and traffic rules;
  3. heavy vehicle registration, maintenance, inspections and driver licensing;
  4. the carriage of Dangerous Goods; and
  5. the management of driver fatigue.

Loss means any loss, cost, expense or damage, regardless of whether it is:

  1. direct or indirect;
  2. present or future;
  3. fixed or ascertained; or
  4. arising under common law, statute or contract.

Parties means the Customer and the Transport Provider.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Privacy Laws means the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Quotation means the price quotation provided by the Transport Provider to the Customer following a Request for Quotation.

Request for Quotation means the Customer's request for a Quotation.

Site means www.deliveryquotecompare.com.au or any other webpage communicated by DQC to the Transport Provider.

Transport Provider means a person providing, or offering to provide, the Transport Services and that person's subcontractors on the Site.

Transport Services means services provided, or offered to be provided, by the Transport Provider to the Customer under the terms of the Delivery Contract.

(a.2) Interpretations

In this Agreement:

  1. these terms do not affect any rights the Transport Provider has under the Australian Consumer Law;
  2. a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision;
  3. a reference to a person includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency;
  4. a word which indicates the singular also includes the plural, and vice versa;
  5. words such as ‘include’, ‘for example’ or ‘including’ are to be interpreted without limitation; and
  6. no clause will be interpreted to the disadvantage of a party because that party was responsible for preparing this Agreement, or including the clause..

(b) Terms and conditions

(a) This Agreement between DQC and the Transport provider sets out the terms applying to use of the DQC Services. The Transport provider should read this Agreement carefully before starting to use the DQC Services.

(b) By using or accessing the DQC Services, the Transport provider indicates it has read, understood and accepted this Agreement, together with the Privacy Policy, and agrees to abide by them. If the Transport provider does not agree to be bound by this Agreement, it must refrain from using the DQC Services.

(c) DQC Services

(a) DQC provides an introduction conduit service through the Site which facilitates Transport providers to:

  1. view request Transport Services and requests for Transport Services;
  2. respond to Quotes and offers to provide Transport Services; and
  3. obtain contact information for Customers with a view to entering into a Delivery Contract.

(b) DQC does not provide any transportation services under, or as a result of, this Agreement and is not a party in the supply chain for the purposes of the HVN Law.

(d) Delivery Contract and interaction between Customer and Transport Providers

(a) The Delivery Contract is between the Customer and the Transport Provider. DQC has no involvement in, nor is it a party to, any Delivery Contract.

(b) The Transport Provider expressly acknowledges and agrees that DQC is not a party to the Delivery Contract and acts as a mere conduit between the Parties.

(c) Delivery Quote Compare:

  1. is merely 'passing on' information represented by the Transport Provider on the Site; and
  2. will not endorse the Transport Provider or any representations made by, or conduct of, the Transport Provider; and
  3. does not endorse the Customer or make any representations by, or warranties about the Request for Quotation.

(d) It is the Transport Provider's responsibility to ensure:

  1. quality, safety and legal aspects of the Transport Service, including compliance with applicable Chain of Responsibility obligations and the HVN Laws; and
  2. accurate and up to date quotes, prices and description of its services are offered through the Site

(e) DQC has no control over, nor is it responsible for Customers in relation to:

  1. the matters referred to in 4(d);
  2. selection of a suitable Transport Provider for the Transport Services
  3. consideration of the terms of a Book Now Price or Quotation; or
  4. negotiationg the terms of the Delivery Contract.

(f) DQC is not involved, nor does it assume any risk or liability whatsoever, in relation to any of the following:

  1. the subject matter or applicability of a Request for Quotation, Transport Services or Delivery Contract;
  2. the interaction between the Customer and the Transport Provider;
  3. the Transport Provider's compliance with applicable laws, regulations, standards, codes and any obligations or duties arising in connection with the HVN Law or the Chain of Responsibility, ncluding in performing the Transport Services or carrying out any related transport activity;
  4. any representations or warranties made by the Customer or any other person to the Transport Provider.

(g) The Transport Provider agrees that any warranty or representation on the Site about the standard or quality of the Transport Services or the Transport Provider's skills, credentials, experience or qualifications (and any reliance placed on them) are made by the Transport Provider directly to the Customer. DQC does not, and is under no obligation to, review or censor any information published by the Transport Provider or the Customer. The Transport Provider is solely responsible for ensuring all such warranties and representations comply with all applicable laws including the Australian Consumer Law.

(e) Fees and charges

(a) When the Customer accepts a Book Now Price or Quote, in consideration for DQC's administrative efforts in facilitating the conduit between the Parties, the Customer must pay the Booking Fee to DQC immediately.

(b) DQC will charge the Customer a Booking Fee as set out in the DQC pricing table.

Quote amount ($) Booking Fee
$0 - $435 17% of the value, with a minimum fee of $18
$435 - $870 15% of the value between $435 and $869.99, plus 17% of the remaining value from $0 - $435.99, with a minimum fee of $18
$870 - $1740 12% of the value between $870 and $1739.99, plus 15% of the remaining value between $435 and $869.99, plus 17% of the remaining value from $0 - $435.99, with a minimum fee of $18
$1740 and over Quotes of $1740 and over, 2% of the value over $1740, plus 12% of the value between $870 and $1739.99, plus 15% of the remaining value between $435 and $869.99, plus 17% of the remaining value from $0 - $435.99, with a minimum fee of $18

(c) The balance of the Accepted Quotation, being the difference between the value of the Accepted Quotation and the Booking Fee, is payable directly to the Transport Provider under the Delivery Contract for the Transport Provider's provision of the Transport Services. This payment is not made through the Site.

(d) All Quotations provided to a Customer by the Transport Provider through the Site are inclusive of GST and, where applicable, any local taxes.

(e) Taking into account that the Booking Fee is an administration fee based on DQC's running of the Site, DQC reserves the right to change the basis for the calculation of the Booking Fee at any time. For the avoidance of doubt, any changes to the calculation of the Booking Fee will not apply to any Book Now Price or Quotation accepted by the Customer before the Booking Fee calculation was changed.

(f) Cancellations and refunds

(a) In the event of an Accepted Quotation, the Customer and Transport Provider must negotiate the terms of the Delivery Contract directly.

(b) Either Party may withdraw from such process prior to entering into the Delivery Contract.

(c)If the Customer issues a Confirmation of Cancellation to DQC, DQC will notify the Transport Provider of its receipt of the Confirmation of Cancellation (Cancellation Notice). The Cancellation Notice will only be effective:

  1. on the day it is received, if that day is a Business Day; or
  2. on the Business Day after the day it is received, if that day is not a Business Day.

(d) The Transport Provider must respond to the Cancellation Notice within 24 hours of notification.

(e) If the Transport Services are not completed, the Customer must notify DQC of the reason for such non-completion (Confirmation of Cancellation).

(f) DQC reserves the right to find an alternative Transport Provider (including by re-listing the Request for Quotation) 24 hours after the Cancellation Notice is received by the Transport Provider.

(g) If the Customer selects a Book Now Price and the Transport Provider has not accepted that Book Now Price within 24 hours of the Customer selecting the Book Now Price, DQC will refund the Customer's Booking Fee.

(g) Restraint on bypassing

(a) The Transport Provider must not, directly or indirectly, take any action which could expected to circumvent, bypass, disturb or adversely affect any provision of any agreement or understanding between the Customer and DQC.

(b) The parties recognise that the restraints set out in this clause (g) are considered reasonable by the parties and necessary for the protection of DQC's proprietary and legitimate commercial interests.

(h) Dangerous Goods

(a) If a Customer issues a Request for Quotation for Transport Services relating to Dangerous Goods, the Transport Provider must provide packing instructions and conditions of carriage for Dangerous Goods with any Quote.

(b) It is the Transport Provider's responsibility to carry out reasonable inspection and to ensure any Dangerous Goods are disclosed, properly packed and labelled, and otherwise compliant with the Dangerous Goods Code prior to loading the Goods for transport.

(c) The Transport Provider must not load any Dangerous Goods for Transport if, upon inspection, the Transport Provider is not satisfied the Dangerous Goods comply with its conditions of carriage and packing instructions, or the Dangerous Goods Code.

(i) Liability

(i.1) Interpretation of this clause

For the purpose of this clause i a reference to a 'third party' incudes a Customer.

(i.2) Limitation of liability

(a) Subject to the terms of this Agreement and to the extent permitted by law, the Transport Provider is liable for or in relation to:

  1. any Loss (including Consequential Loss) by DQC or third parties arising in connection with Agreement as a result of any act or omission by the Transport Provider, whether negligent or otherwise;
  2. any claim, demand, loss, liability, or expense arising out of the Transport Provider's failure to fully comply with its obligations under this Agreement or any law;
  3. any amount paid by DQC to settle any dispute between the Transport Provider and a third party or between DQC and a third party arising in connection with the performance of (or failure to perform) the Transport Services relating to the theft, loss of or damage to property arising from any Transport Services carried out by the Transport Provider:
    1. which is caused by the Transport Provider;
    2. which arises during the time the Transport Provider has that property in its possession or control; or
    3. resulting from delayed delivery, mis-delivery, negligent delivery or non-delivery by the Transport Provider;

(b) The Transport Provider's liability under this clause is reduced proportionately to the extent that any loss or liability is directly caused by a negligent act of DQC.

DQC limits its liability to (at its election):

  1. providing the DQC Services again; or
  2. the payment of the cost of having the DQC Services provided again,

in relation to the engagement between the Transport Provider and the Customer that is subject of the dispute.

(i.3) Indemnity

(a) The Transport Provider is solely liable for and will release and indemnify DQC from and against:

  1. Loss or damage suffered by a third party;
  2. all fees, charges and other amounts payable to any other person;
  3. any claim against DQC or the Transport Provider for Loss or damage to property or illness, injury or death;
  4. any infringement penalty notice or regulatory enforcement action taken as a result of the actions or omissions of the Transport Provider;
  5. any claim against DQC in relation to any breach of Privacy Laws, including failure to keep Personal Information secure,
  6. arising directly or indirectly from;

  7. provision of the Transport Services or carriage of goods by the Transport Provider;
  8. any breach of this Agreement by the Transport Provider;
  9. any breach of any applicable law, regulation, standard or code;
  10. wrongful, negligent or unlawful act or omission or wilful misconduct by the Transport Provider.

(b) The Transport Provider indemnifies and must keep indemnified DQC in respect of any claim for personal injury or death by any of the Transport Provider's personnel, their personal representatives or their dependents, including a claim at common law, except to the extent any negligent act of DQC directly contributed to the relevant injury, loss or damage.

(c) Where a third party suffers Loss or damage to the property or goods carried by the Transport Provider, DQC may agree to pay compensation to the third party on such terms and conditions as it considers (in its sole discretion) reasonable, regardless of whether DQC has excluded or limited its liability to third parties.

(d) Where DQC agrees to pay a third party compensation in accordance with clause i.3(c), that compensation and any costs incurred by DQC (including administrative costs of dealing with the claim, the costs of retrieval, repair and further processing of the property or goods and the cost of arranging settlement) must be reimbursed by the Transport Provider as a liquidated debt on demand.

(j) Privacy and intellectual property

(a) The Transport Provider must comply with the Privacy Laws and DQC's Privacy Policy at all times and must ensure that it does not, and must procure that its personnel do not, cause DQC to breach the Privacy Laws.

(b) The Transport Provider must:

  1. treat Personal Information as secret and confidential;
  2. not use Personal Information for any purpose other than the purpose permitted and contemplated under this Agreement without the prior written consent of DQC or the person who the Personal Information relates to;
  3. restrict the disclosure of Personal Information to:
    1. those of its personnel and professional service providers who require Personal Information on a need to know basis pursuant to this Agreement or to advise the Transport Provider; and
    2. any person to whom the Transport Provider is required to disclose the Personal Information by law, and provided that the Transport Provider provides immediate written notice to DQC of any such disclosure;
  4. maintain proper and secure custody of the Personal Information;
  5. use its best endeavours to prevent the use or disclosure of Personal Information (otherwise than in accordance with this clause j);
  6. immediately notify DQC of any actual or suspected breach of this clause j;
  7. ensure that its personnel are aware of the confidential nature of the Personal Information and treat the Personal Information accordingly; and
  8. immediately upon becoming aware of a breach or potential breach of the Privacy Laws, or a suspected breach or suspected potential breach of the Privacy Laws in connection with Personal Information provided to the Transport Provider in connection with this Agreement, notify DQC and comply with all reasonable direction of DQC in respect of the breach or suspected breach.

(c) DQC is the owner or the licensee of all intellectual property rights contained within, or via, the Site (including the look and feel, code, database, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and any compilation or organisation of any of the above).

(k) Feedback

(a) As part of the conduit system of the Site, DQC facilitates a system of feedback evaluations from the Parties in relation to each Party's performance in the course of their Delivery Contract.

(b) DQC is not involved, in any way, in the compilation or assessment of, or reliance on, these feedback evaluations.

(c) The Parties are then able to take into account these ratings, when considering their independent decision as to whether to:

  1. select a Book Now Price provided by a Transport Provider;
  2. accept a Book Now Price selected by a Customer;
  3. respond to a Request for Quotation provided by a Customer;
  4. accept a Quotation provided by a Transport Provider.

(d) Ratings on the performance of a Party can be made by the other Party in the form of positive, neutral or negative ratings along with a general comment. An overall feedback score for a particular Party is the mean of the ratings they have received.

(e) The Transport Provider acknowledges and agrees that:

  1. Customers may leave feedback about the Transport Provider;
  2. its overall feedback rating will be calculated in accordance with clause k.d; and

(f) The Transport Provider may only use any feedback received on the Site in any material on a website or social media channel it operates, if that material includes a backlink to the Site at all material times.

(g) DQC does not pre-screen, monitor, vet or edit, and is not responsible for, any feedback evaluations or ratings. DQC reserves the right to redact or remove any:

  1. business name, trade mark or identifier; and
  2. any material likely to be offensive or defamatory,

from any feedback evaluation or rating.

(l) Nature of relationship

(a) Nothing in this Agreement is intended to create an employment relationship or agency relationship between the parties.

(b) DQC is merely a facilitator in procuring an opportunity for Transport Providers to obtain potential Customers for its Transport Services. The entering into a Delivery Contract is effected at the Transport Provider's sole and entire risk.

(m) General

(a) The Transport Provider may not assign or novate any of its rights or obligations under this Agreement without DQC's prior written consent.

(b) Any waiver of a right or remedy under this Agreement must be in writing.

(c) This Agreement represents the entire agreement between the parties and supersedes all prior discussions, negotiations, understandings and agreements in relation to the subject matter of this Agreement.

(d) Any notices, directions or similar given or communicated by a party to this Agreement has no legal effect unless it is in writing. Any notice provided by email will be deemed to be received by the recipient when the email is sent.

(e) This Agreement is governed by the laws in force in Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.


Terms and conditions (Lead Provision)

1. Definitions and interpretation

(1.1) Definitions

Account means a user account registered in Your name on the Site, for the purpose of obtaining services from DQC, including the acquisition of Leads.

Agreement means these terms and conditions.

Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) Schedule 2.

Business Day means a day when all banks are open for business generally in Melbourne, Australia, other than a Saturday, Sunday or public holiday.

Chain of Responsibility (COR) means the principle under the HVN Law imposing obligations to ensure safety on all parties in the supply chain who exercise control or influence over transport activities.

Consequential Loss means any of the following:

  1. incidental, special, remote or unforeseeable loss or damage;
  2. loss of revenue, profit, income, bargain, opportunity, use, production, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, but excluding loss of any amounts that, other than for the act or omission of a party, would have been payable under this Agreement;
  3. costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
  4. loss or damage set out above in paragraphs (a) to (c) that is incurred or suffered by or to a third party.

Contract means a contract, agreement, undertaking, commitment or arrangement for the provision of your services between You and the Lead Subject, resulting from, or otherwise arising out of, DQC providing You the Lead.

Default Interest Rate means interest at the rate of 2% above the rate fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic).

DQC means Delivery Quote Compare (Australia) PTY LTD (ACN: 628 298 420).

Fees means the fees payable by You for DQC's provision of the Lead Services.

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Heavy Vehicle National Law (HVN Law) means the national legislative scheme for the regulation of road safety and transport, as set out in the Schedule of the Heavy Vehicle National Law (Queensland) 2012 and the Heavy Vehicle National Regulations (Queensland) 2012 and any registered or interim industry code of practice, as applied by the States, Territories and the Commonwealth by legislation incorporating it as a law of that jurisdiction, or any other law in a participating or non-participating State or Territory, as may be applicable to the performance of Your services which directly or indirectly related to:

  1. mass, load and restraint requirements for the carriage of goods;
  2. driving hours, speed limits, and traffic rules;
  3. heavy vehicle registration, maintenance, inspections and driver licensing;
  4. the carriage of Dangerous Goods; and
  5. the management of driver fatigue.

Insolvency Event includes any of the following events:

  1. a party disposes of the whole or any part of its assets, operations or business other than in the ordinary course of business;
  2. a party ceases to carry on business;
  3. a party ceases to be able to pay its debts when they are due;
  4. any step taken by a mortgagee to take possession or dispose of the whole or any part of a party's assets, operations or business;
  5. any step taken to enter into any arrangement between a party and its creditors; or
  6. any step taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other person of the whole or any part of a party's assets or business.

Lead means the contact details of a third party, which may include:

  1. in the case of an individual, his or her Personal Information; and
  2. in any other case, the contact details of the relevant person.

Lead Criteria means the criteria You specify in the Account relating to the characteristics of the type of Lead you wish to acquire.

Lead Price means the Fees that You will pay to DQC for each Lead.

Lead Services means DQC's supply of Leads to You, specified in clause b.

Lead Subject means the third party the Lead relates to.

Lead Threshold means the minimum monetary value of Leads required to be sent by DQC to You before Fees will be payable by You.

Loss means any loss, cost, expense or damage, regardless of whether it is:

  1. direct or indirect;
  2. present or future;
  3. fixed or ascertained; or
  4. arising under common law, statute or contract.

Personal Information means data by which a person may be personally identified, including a person's name, postal address, email address, telephone number and any other information a party collects, including that which is defined as personal or personally identifiable information under applicable Privacy Laws.

Privacy Laws means all domestic and international privacy data protection and anti-spam laws is:

  1. direct or indirect;
  2. present or future;
  3. fixed or ascertained; or
  4. arising under common law, statute or contract.

Site means www.deliveryquotecompare.com.au or any other webpage communicated by DQC to You.

You or Your means any person who uses the Site for the provision of the Lead Services.

(1.2) Interpretation

In this Agreement:

(a) these terms do not affect any rights You have under the Australian Consumer Law;

(b) a reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision;

(c) a reference to a 'person' includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency;

(d) a word which indicates the singular also includes the plural, and vice versa;

(e) words such as ‘include’, ‘for example’ or ‘including’ are to be interpreted without limitation; and

(f) no clause will be interpreted to the disadvantage of a party because that party was responsible for the preparing this Agreement, or including the clause.

2. Lead Services

(a) DQC operates a system where it will send Leads to You reasonably matching the Lead Criteria.

(b) After You register an Account, You may choose and amend the Lead Criteria by editing Your lead categories and geographical areas of operation in the 'preferences' section.

(c) DQC's provision of the Lead Services is on a non-exclusive basis. Each Lead may be provided by DQC to up to 2 other service providers at DQC's absolute sole discretion. The provision of Leads by DQC does not constitute a guarantee of business (whether from a Lead or anyone else).

3. Your obligations

(a) You warrant that You are authorised to, and capable of, providing services, at all times, to any third party that match the Lead Criteria. You further warrant that in providing those services, You will do so with due care, skill and expertise.

(b) DQC reserves the right to cease providing You with Leads if DQC reasonably believes that You are unable to meet the requirements of the Lead Criteria or as otherwise contemplated under clause 3(a).

(c) You must not sell, pass on, transfer or disclose any information in connection with a Lead to a third party.

(d) You must maintain up to date insurance policies of the kind ordinarily taken out by a reputable company operating services in the haulage and freight movement industries.

(e) You must provide a copy of each insurance policy on DQC's request. If you fail to comply with this clause 3(e) within a reasonable time of receiving a request, DQC may suspend Your use of the Site and the provision of any further Leads.

4. Contract and interaction between the Lead Subject and You

(a) Each Contract is between the Lead Subject and You. DQC has no involvement in, nor is it a party to, any Contract.

(b) You expressly acknowledge and agree that DQC is not a party to the Contract and acts as a mere introductory conduit between the Lead Subject and You.

(c) DQC:

  1. is merely 'passing on' information represented by the Lead Subject on the Site;
  2. will not endorse You or any representations made by, or conduct of, You; and
  3. does not endorse the Lead Subject, or make any representations or warranties about the Lead Subject or any of the Lead Subject's requests.

(d) It is Your responsibility to ensure:

  1. quality, safety and legal aspects of your services, including compliance with all laws, regulations, standards, codes, the Chain of Responsibility obligations and duties and the HVN Laws; and
  2. accurate and up to date quotes, prices and description of Your services are provided to the Lead Subject.

(e) DQC is not involved, nor does it assume any risk or liability whatsoever, in relation to any of the following:

  1. the subject matter or applicability of a Lead Subject's request, Your services or any Contract;
  2. an act or omission of the Lead Subject;
  3. the interaction and dealings between the Lead Subject and You;
  4. y obligations or duties arising in connection with the HVN Law or the Chain of Responsibility, including in performing Your services or otherwise in carrying out, or arising out of, any related transport activity;
  5. any representations or warranties made by the Lead Subject or any other person to You.

(f) You agree that any warranty or representation on the Site about the standard or quality of Your services or Your skills, credentials, experience or qualifications (and any reliance placed on them) are made by You directly to the Lead Subject. DQC does not, and is under no obligation to, review, edit or censor any information published, or otherwise entered into Your Account, by or on behalf of You or the Lead Subject. You are solely responsible for ensuring all such warranties and representations comply with all applicable laws, including the Australian Consumer Law.

5. Payment

(5.1) General

(a) The Lead Price is disclosed in the 'member's area' of the Site, which You may access if you have an active Account.

(b) DQC reserves the right to increase the Lead Price at any time. DQC will provide You with notice of any Lead Price increase prior to the increase taking effect (such as via email).

(c) If DQC provides You with a monetary value of Leads meeting or exceeding the Lead Threshold, Fees for each Lead (or part of a Lead) exceeding the Lead Threshold will be payable by You.

(d) Each Lead Price provided to You by DQC through the Site is inclusive of GST and, where applicable, any local taxes.

(e) DQC may set off, or apply any amounts payable by it to You under this Agreement, or any other agreement, towards the payment of amounts to DQC by You.

(5.2) Payment terms

(a) When You apply to register an Account, You must provide valid credit or debit card details. Unless clause 5.2(b) applies, You authorise DQC to take all payments for the Fees from this card as soon as those Fees become payable.

(b) Subject to:

  1. a written agreement between DQC and You; and
  2. DQC being satisfied (in its absolute discretion), including that You have an acceptable credit history,

DQC may issue an invoice to You for the Fees.

(c) Any invoice issued to You by DQC will be payable 30 days after the end of the month in which the Leads relating to that invoice were provided to You.

(d) Subject to the Lead Threshold, Fees will be payable by You irrespective of whether the related Lead Subject engages You.

(5.3) Late payments

(a) If any Fees remain owing to DQC after the due date, DQC reserves the right to:

  1. suspend Your Account;
  2. suspend Your access to the Site; and
  3. cease providing You with Leads, until all outstanding Fees (including any interest and costs or other expenses incurred by DQC) have been paid.

(b) If any Fees remain owing to DQC after the due date, DQC reserves the right to charge interest at the Default Interest Rate from the day after the due date for payment until the Fees are paid in full (including any interest and costs or other expenses incurred by DQC).

(c) DQC reserves the right to charge You for any sums incurred in the recovery or enforcement of any Fees or other amounts owing.

6. Privacy and confidentiality

(a) You must comply with the Privacy Laws and DQC's Privacy Policy at all times and must ensure You do not, and must procure that Your personnel do not, cause DQC to breach any Privacy Laws.

(b) You must:

  1. treat Lead information, including Personal Information, as secret and confidential;
  2. not use Lead information, including Personal Information, for any purpose other than the purpose permitted under this Agreement without the prior written consent of DQC or the person who the Personal Information relates to;
  3. delete or destroy a Lead Subject's Personal Information if requested to do so by:
    1. the Lead Subject; or
    2. DQC, due to a deletion or destruction request made by the Lead Subject to DQC.
  4. restrict the disclosure of Lead information, including Personal Information, to:
    1. those of Your personnel and professional service providers who require Personal Information on a need to know basis pursuant to this Agreement or to advise You; and
    2. any person to whom You are required to disclose the Personal Information by law, and provided that You provide immediate written notice to DQC of any such disclosure;
  5. maintain proper and secure custody of the Lead information, including Personal Information;
  6. use Your best endeavours to prevent the use or disclosure of Lead information, including Personal Information (otherwise than in accordance with this clause 6);
  7. immediately notify DQC of any actual or suspected breach of this clause 6;
  8. ensure that Your personnel are aware of the confidential nature of the Lead information, including Personal Information and treat such information accordingly; and
  9. immediately upon becoming aware of a breach or potential breach of the Privacy Laws, or a suspected breach or suspected potential breach of the Privacy Laws in connection with Personal Information provided to You in connection with this Agreement, notify DQC and comply with all reasonable directions of DQC in respect of the breach or suspected breach.

7. Liability

(7.1) Interpretation of this clause

For the purpose of this clause 7 a reference to a 'third party' incudes a Lead Subject.

(7.2) Limitation of liability

(a) Subject to the terms of this Agreement and to the extent permitted by law, You are liable for or in relation to:

  1. any Loss (including Consequential Loss) suffered by DQC or third parties arising in connection with this Agreement as a result of any act or omission by You, whether negligent or otherwise;
  2. any claim, demand, loss, liability, or expense arising out of Your failure to fully comply with Your obligations under this Agreement or any law;
  3. any amount paid by DQC to settle any dispute between You and a third party, or between DQC and a third party, arising in connection with the performance of (or failure to perform) Your services (including in relation to the theft, loss of or damage to property arising from any services carried out by You) which:
    1. is caused or contributed by You;
    2. arises during the time You have that property in Your possession, custody or control; or
    3. results from Your delay, negligence or non-performance relating to Your provision of Your services;
  4. any failure or delay in providing Your services whether arising because of breach of contract, under bailment, in tort (including negligence, conversion or detinue).

(b) Your liability under this clause is reduced proportionately to the extent that any loss or liability is directly caused by a negligent act of DQC.

(c) DQC limits its liability to (at its election):

  1. providing the Lead Services again; or
  2. the payment of the cost of having the Lead Services provided again, in relation to the Lead that is subject of the dispute.

8. Termination

(a) DQC reserves the right to terminate Your access to the Account and the Site without prior notice where:

  1. subject to clause 8.1(b), You suffer an Insolvency Event;
  2. any Fees (including any interest and costs or other expenses incurred by DQC), owing to DQC under this Agreement remain unpaid for more than 20 Business Days after the due date;
  3. You fail to comply with clause 3.1(c); orS
  4. (iv) You commit a breach of any of Your obligations under this Agreement, and:
    1. the breach is not capable of remedy; or
    2. if the breach is capable of remedy, You do not remedy that breach within 10 days after receipt of notice of the breach.

(b) Unless otherwise granted leave by a relevant court or otherwise exempted by law, if an Insolvency Event has occurred DQC will not exercise its rights under clause 8.1(a)(i) until the following conditions are satisfied:

  1. if a receiver is appointed over the whole, or substantially the whole, of Your property, the receiver’s control of Your property ends.
  2. if You are under, or will possibly come under, administration, the administration ends.
  3. if You:
    1. have announced that You will make an application to enter into a scheme of arrangement You fail to apply for that scheme of arrangement to a relevant court within 3 months of the announcement;
    2. are subject to an application to enter into a scheme of arrangement and the application is withdrawn or dismissed by a relevant court; or
    3. are subject to an approved scheme of arrangement and that scheme of arrangement ends.
  4. DQC's right is not otherwise subject to a stay period under the Corporations Act.

(c) Termination of this Agreement does not affect any other rights or remedies available to either party.

9. General

(a) The parties expressly intend that no employment, partnership, or joint venture relationship is created by this Agreement.

(b) If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

(c) You may not assign or novate any of Your rights or obligations under this Agreement without DQC's prior written consent.

(d) Any waiver of a right or remedy under this Agreement must be in writing.

(e) This Agreement represents the entire agreement between the parties and supersedes all prior discussions, negotiations, understandings and agreements in relation to the subject matter of this Agreement.

(f) Any notices, directions, or similar given or communicated by a party to this Agreement has no legal effect unless it is in writing. Any notice provided by email will be deemed to be received by the recipient when the email is sent (and in Your case, includes the email included in Your Account details).

(g) This Agreement is governed by the laws in force in Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.