Terms and Conditions of Parcel Right Pty. Ltd.
1.1. By registering an account with Parcel Right Pty Ltd (Parcel Right) on the Shopify platform or other third party platforms and/or applications or on Parcel Right’s application (Platform), you (the Client) agree to be bound by these Terms and Conditions.
1.2. Parcel Right may amend these Terms and Conditions from time to time. The latest version of these Terms and Conditions can be found at www.parcelright.com.au and we encourage you to review this page regularly as your continued use of the services provided by Parcel Right will indicate your acceptance of the latest version of these Terms and Conditions.
2. Supply of Services
2.1. Parcel Right facilitates the booking of parcels, packages, letters, containers, or any other goods (Items) for pick up from a requested location and delivery to the Client’s end-addressee (Recipient) as notified in an order or request for pick and delivery (Services). Parcel Right provides its Services in accordance with the Australian Consumer Law. Parcel Right is not a common carrier, and we do not accept any liability as a common carrier.
2.2. An order or request for Services submitted by the Client on the Platform, must include the following details:
(a) a description of the Items the subject to the Services, including the contents, volume, weight, value, parcel identifiers and/or any other relevant specifications;
(b) the pick-up details of the sender of the Items, which may include the sender’s name, pick up address, email addresses, contact telephone numbers and other information; and
(c) the delivery details of the Recipient, which may include the Recipient’s name, delivery address, email addresses, contact telephone numbers and other information,
2.3. By making an Order or other offer to purchase Services from Parcel Right, the Client acknowledges that it is aware of the contents of, and agrees to be bound by, these Terms and Conditions (as varied from time to time) in respect of the supply of Services by Parcel Right.
2.4. Subject to these Terms and Conditions, Parcel Right agrees to supply the Services to the Client in return for payment of the Fees in accordance with clause 3.
2.5. The Client must provide all Items to Parcel Right in accordance with these Terms and Conditions. Parcel Right is not bound to supply the Services in respect of any Items which are not provided to it in accordance with these Terms and Conditions and Parcel Right bears no responsibility or liability in respect of any such Items it has not received.
2.6. Parcel Right will supply the Services to the Client in accordance with these Terms and Conditions. Any failure to perform in accordance with the Terms and Conditions will be remediable in accordance with the Terms and Conditions.
3. Fees and Payment
3.1. The rates and fees for Services will be provided by Parcel Right at the time of an Order (Fees). All Fees are based upon an expected geographic dispersion of 68% metro and 32% rural. If parcels provided by you to Parcel Right are outside these expected geographic dispersions, Parcel Right reserves the right to review and increase the Fees charged to the Client, particularly if there is a higher-than-expected percentage of rural deliveries.
3.2. Where the Client completes an application for a credit account with Parcel Right (Credit Application), subject to approval of the Credit Application by Parcel Right, Parcel Right will provide the Client with an invoice for payment of the Fees on a weekly basis. On receiving any Item from the Client, Parcel Right may at its discretion immediately issue an invoice for Fees payable in respect of that Item. The Client must pay Parcel Right the Fees in full by the due date specified on any invoice.
3.3. Where the Client does not apply for a credit account or has not been approved for a credit account, the Client must provide valid credit card details which must be connected to the Client’s account on the Platform. Parcel Right accepts payments through a third party payment gateway. Parcel Right does not store any credit card details.
3.4. Where a credit card is required to be connected to the Client’s account, Parcel Right will charge all Fees to this credit card prior to the supply of any Services, including the creation of labels or collection of parcels.
3.5. Unless otherwise specified, the Fees and all other amounts payable under these Terms and Conditions are in Australian Dollars and are listed exclusive of GST. Any GST payable in respect of the Services will be detailed on the invoice provided by Parcel Right to the Client and must be paid by the Client in addition to the Fees and the GST is payable at the same time as the Fees.
3.6. All amounts payable to Parcel Right shall be paid in Australian Dollars by direct transfer to Parcel Right’s nominated account, unless the amounts are already charged to the Client’s credit card.
3.7. If Parcel Right is unable to charge the Client’s credit card provided after two attempts at 24- hour intervals, the Client agrees that all amounts payable and owing will constitute a debt immediately due and payable.
3.8. Without prejudice to any other rights that Parcel Right may have, the Client agrees that Parcel Right may suspend the Services and withhold delivery of Items if the Client is in default of the payment terms herein and that any timeline for delivery of the Items shall be extended by the same period as it takes to receive payment after Parcel Right suspends the Services. Notice shall be given to the Client as soon as practicable if the Services are suspended and/or delivery withheld. The Client further acknowledges and agrees that Parcel Right reserves the right to charge interest on any amount owing after the due date for payment not in dispute at the rate of twelve per cent (12%) per annum until the date of payment in full of the outstanding amount.
3.9. Where the client fails to comply with these Terms and Conditions, and this results in Parcel Right incurring additional costs, Parcel Right reserves the right to pass these additional costs arising from such non-conformance for payment by the Client and the Client agrees that all such additional costs payable and owing will constitute a debt immediately due and payable for payment. The Client indemnifies Parcel Right for all such additional costs incurred, including Parcel Rights’ costs in recovering any such debts due.
4. Cancellations or Changes
4.1. Changes to the delivery information for Items can only be made prior to the relevant Items being collected by Parcel Right.
4.2. An Order can only be cancelled 24 hours prior to collection of the Items by Parcel Right, in which case a full refund will be provided. Orders cannot be cancelled once they have been collected.
5.1. The Client warrants that:
(a) it is authorised to and fully capable of entering into these Terms and Conditions, and able to pay Parcel Right’s Fees and Invoices and any other amounts payable under these Terms and Conditions, as they become due and payable;
(b) the Items are accurately described in the Order, and that the correct weight and specifications have been provided;
(c) the Items comply with all requirements under any relevant lawor regulation in Australia, and do not contain any harmful or dangerous substance or material which might cause damage to Parcel Right or any third party handling or taking carriage of the Items, nor any thing which may give rise to any cause of action by a third party; this includes but is not limited to:
- Hazardous, dangerous, prohibited or illegal goods;
- Living goods and perishables;
- Irreplaceable items or items with a value exceeding $1,500
- Irreplaceable legal documents or money
(d) the Client or the person who tenders the Item for carriage is either the owner of those Items or is the authorised agent and has the authority to provide the Item to Parcel Right for delivery;
(e) in providing any Item to Parcel Right for supply of the Services, and providing any relevant direction or data in respect of any Item, the Client will not cause Parcel Right to breach any relevant law or regulation;
(f) Parcel Right, its shipping partners, agents, and government authorities have the right to open and inspect Items and/or other parcels the subject of the Services at any time, without notice to the Client or the Recipient, to determine the nature, condition, ownership, or destination of the contents, if Parcel Rights believes a parcel contains (i) unauthorised goods, (ii) goods that have been not properly described, declared, or (iii) goods that are or may become dangerous. This includes the right to destroy or dispose of the Items or contact any relevant authorities to do so, in which case, Parcel Right has the right to charge the Client for any disposal costs and Parcel Right will not be liable for the non-delivery of Items destroyed or disposed of under this clause; and
(g) any data (including electronic data) supplied by the Client to Parcel Right is correct, complete, uncorrupted, and error and virus free.
5.2. Parcel Right warrants that:
(a) it will exercise all due care and skill in performing the Services under these Terms and Conditions;
(b) it will comply with all applicable laws of [Victoria,] Australia in performing the Services; and
(c) it will take reasonable measures to ensure that any third-party subcontractor or agent engaged by Parcel Right in performance of the Services will comply with Parcel Right’s obligations under these Terms and Conditions.
6. Liability & Indemnity
6.1. The Client acknowledges and agrees that should it fail to provide correct and complete information or directions (including without limitation a description or the Items, Recipient address details, or weight and measurement data) to Parcel Right before or at the time that any Item is provided to Parcel Right, the Client will bear all liability for any additional costs or expenses incurred by Parcel Right in providing the Services.
6.2. Parcel Right offers parcel insurance with its ‘Parcel Max’ service as set out on the Platform. The Client is only entitled to lodge 1 claim for loss or damage per Item under the ‘Parcel Max’ service or other insurance services offered by Parcel Right (Claim) which must be lodged in accordance with these Terms and Conditions.
6.3. To initiate a Claim, the Client must notify Parcel Right of the details within the time frames as follows:
(a) In the event of damage to Items – Photographic evidence of packaging and damage must be provided by the Recipient to the Client within 48 hours of the Items being delivered. The photographic evidence and any supporting documentation showing that the notification was given within 48 hours (e.g. a copy of an email or a message with a time stamp) together will full details of the damage and amount claimed must be provided by the Client to Parcel Right in writing within 7 business days of delivery of the Items and the Client or Recipient (as applicable) must retain the damaged Items until the Claim is finally settled between the Client and Parcel Right; or
(b) In the event of loss of Items – full details of the lost Items and amount claimed must be provided by the Client to Parcel Right in writing within 30 business days from the date the Items were picked up by Parcel Right or its agent.
6.4. All information reasonably requested by Parcel Right, or its third party claims administrator, in relation to a Claim must be provided in writing within 14 business days of the request being made.
6.5. If an ‘Authority to Leave’ (as described in clause 9.2) is provided for Items, whether it is a standing Authority to Leave or not, then the Client waives their rights to lodge a Claim for loss of the Items provided that Parcel Right can substantiate that the Items were delivered by providing either photographic evidence or GPS tracking details of the delivery.
6.6. Parcel Right’s claims administrator also has the sole discretion and right to offset any Claim amount against unpaid or outstanding monies owed by the Client to Parcel Right.
6.7. To the maximum extent permitted by law and subject to the clause 6.13 and clause 6.14, Claims are limited to loss or damage to Items only. For the avoidance of doubt, any consequential loss or additional damage suffered by the Client or the Recipient as a result of loss or damage to Items, irrespective of the reason, will not be covered and cannot form part of any claim under these Terms and Conditions, including a Claim under the ‘Parcel Max’ service or any other insurance services offered by Parcel Right.
6.8. Subject to the clause 6.13 and clause 6.14, the maximum amount that may be claimed from Parcel Right in respect of any claim under these Terms and Conditions, including a Claim under the ‘Parcel Max’ service or any other insurance services offered by Parcel Right, is the cost price of the Items as paid by the Client plus the value of the freight service provided by Parcel Right up to a maximum of $50 excluding GST.
6.9. Documentary evidence to support the claimed value of the cost price of the Items must be provided by the Client by either:
(a) Receipt for the purchase of the relevant Items; or
(b) Sufficient proof of actual manufacturing cost of the relevant Items; or
(c) If sufficient proof of actual manufacturing cost cannot be provided, the sales invoice the amount charged to the Recipient for the Items of which a maximum of 35% will be paid to the Client.
6.10. In making a claim for damaged Items, if requested by Parcel Right the Client must provide the damaged Items to Parcel Right for inspection. Failure to provide the damaged Items to Parcel Right may result in the Client’s claim being rejected.
6.11. Parcel Right reserves the right to reject a claim if it cannot be ascertained by accredited scanning that the Items were lost or damaged in the direct care, custody and control of Parcel Right and/or its agents.
6.12. The Client acknowledges and agrees that Parcel Right:
(a) is authorised to deliver the Items to the Recipient at the address nominated in the Client’s Order; and
(b) shall be deemed to have delivered the Items in accordance with these Terms and Conditions at the point in time in which Parcel Right:
· obtains a signature acknowledging receipt from any person who presents themselves to Parcel Right as the Recipient or its agent; or
· is provided with a written Authority To Leave (ATL) (as described in clause 9.2), whether on a standing or a per delivery basis, which allows delivery without signature, from either the Client or Recipient; or
· provides photographic evidence of the items delivered at the address nominated in the Client’s Order; or
· in the case of perishables, when they are physically deposited at the address nominated in the Client’s Order.
6.13. Liability exclusions: To the maximum extent permitted by law, Parcel Right will not be liable for any claims made by the Client under these Terms and Conditions in any of the following circumstances:
(a) Where the Items subject to an Order are Excluded Goods, defined as:
· Antiques or works of art
· Perishable goods such as meat, fish, vegetable and fruits
· Framed items containing glass and mirrors whereby the internal and/or external packaging fails to meet Packaging Guidelines.
· Human remains or ashes
· Cash including any form of bank notes, currency notes, coins or other legal tender
· Loose precious and semi-precious stones
· Bullion (of any precious metal)
· Firearms (or parts thereto), ammunition or explosive devices
· Live goods, including living plants, animals, fish and birds
· Imitation or replica firearms, air guns, ammunition or explosive devices
· Illegal goods
· Banderols or tax stickers
· Cigarettes and tobacco products
· Furs and ivory
· Jewellery, all watches, precious metals
· Negotiable instruments in bearer form (whether cash-like or not)
· Toy guns, air guns
· Batteries excluding Mobile Phones, Laptops or Tablets.
· Obscene or immoral articles / materials
· Narcotics and psychotropic substances
· Second hand automotive parts
· Articles which are deemed to be illegal to import in the destination country
· Personal effects, being privately owned items, which are used/second-hand and usually worn/carried on the person, such as clothing and jewellery; and objects imbued with sentimental significance such as hair and family photo albums
(b) Where Parcel Right informs the Client that in its reasonable opinion it considers the packaging of Items to be inadequate for transportation;
(c) If the Client elects to send the Items as packaged, including where the packaging is inadequate for transportation, then the Items may only be sent at the Client’s own risk using the “at own risk scan” (to be developed) in conjunction with confirmation by the Client in writing (such as by email, or provision of initials on the package by the Client or their representative) that by sending the Items at the Client’s own risk, the Client waives all rights it may have to make a claim under these Terms and Conditions.
(d) Where damage, mechanical failure or other defect or damage to the Item could not, in the reasonable opinion of Parcel Right, have been caused by Parcel Right in the course of providing the Services;
(e) Where Parcel Right fails, delays or is unable to carry out its obligations due to a Force Majeure Event as defined in clause 13.1.
6.14. Limitation of liability: Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a party by the Australian Consumer Law under the Competition and Consumer Act 2010(Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. Notwithstanding the preceding clauses, Parcel Right limits its liability to the Client, to the maximum extent permitted by law, to:
(a) where any consumer guarantees in the Australian Consumer Law apply in relation to the supply of the Services under these Terms and Conditions either, at Parcel Right’s discretion, in the case of services, the supply of the relevant services again or the payment of the cost of having those services supplied again; and
(b) for breach of agreement, negligence, breach of statutory duty or any other cause of action other than a breach of an applicable consumer guarantee (regardless of how that liability is caused), arising under these Terms and Conditions or related to any Services, to the Fees paid by the Client for any relevant Services the subject of any claim.
6.15 The Client agrees to indemnify Parcel Right, its officers, employees, agents, sub-contractors and related bodies corporate from and against any loss, cost, damage or claim, including legal costs and any cost from debt recovery action, which any of them suffers or incurs as a result of any breach by the Client of these Terms and Conditions, or which arises directly from the provision of an Item to Parcel Right by or on behalf of the Client.
7. Parcel Requirements
7.1. Items must comply with the following maximum weights and dimensions:
Maximum Weight: 22kg
Maxmum Length: 105cm
Maximum Width/Girth: 140cm
7.2. Items must be affixed with a label supplied by Parcel Right containing full and correct address details of the Recipient and return name and address details.
7.3. Any existing barcode labels must be covered.
7.4. The Client must ensure that weights provided for Items are accurate and correct. Parcel Right and/or it’s sub-contractors may weigh parcels to confirm weights submitted for each parcel are correct. Where weights are under-declared by the Client, Parcel Right will charge for the actual weight of the parcel. Parcel Right will notify the Client of the incorrect weight issue. The Client will be responsible for updating their processes to ensure accurate weights are provided. Where a client continues to under-declare weights, Parcel Right reserves the right to increase the Fees, cancel or suspend the Client’s account, or suspend or terminate the Services.
7.5. The Client must submit data and manifests for every Item via the Platform. Any unmanifested Items received by Parcel Right will be returned to the Client, at the Client’s expense.
8.1. Parcel Right will collect Items for delivery, based upon a minimum of 50 Items per collection. Items must be manifested via the Platform for Parcel Right to be notified the Items are ready for collection.
8.2. Parcel Right will not arrange for the collection of Items on weekends or public holidays as they apply nationally and to each state.
8.3. All Items must be ready for collection on the designated date, including having a unique delivery label attached. If an Item is not ready when Parcel Right or it’s agent arrives for collection, the delivery will be considered futile and the Fees payable for delivery of that Item will be forfeited.
8.4. Parcel Right will only collect Items from the location specified as the Client’s location in the Order.
8.5. Items left unattended for collection are at the responsibility of the Client. Parcel Right is not liable for any loss or damage to Items that occurs prior to collection by Parcel Right or its agents, including unattended Items.
9.1. Parcel Right provide Clients with an estimated date of delivery, however these estimates are subject to change and are not guaranteed.
9.2. Parcel Right may leave Items unattended at the Recipient’s delivery address when marked “Authority to Leave” or “ATL” if Parcel Right or its delivery provider deems it safe to do so. Parcel Right holds no responsibility for Items left unattended at a delivery address when the Item is marked “ATL”.
9.3. If an Item cannot be delivered, Parcel Right will notify the Client or the Recipient (as applicable) to arrange for collection or re-delivery of the Items at Parcel Right’s election.
9.4. Parcel Right may make one attempt to re-deliver an Item free of charge.
9.5. If the first re-delivery attempt is unsuccessful, then the Client may arrange to collect the Item or pay for a new delivery, at the Client’s cost.
9.6. If neither re-delivery nor pick up by the Recipient can be effected within 7 days, Parcel Right may return the Items to the Client for an additional fee.
10.1. Parcel Right may at its sole discretion engage any subcontractors, agents or third-party vendors to act on its behalf to perform the Services.
11. Dispute Resolution
11.1. A party must not commence court proceedings in relation to a dispute in respect of the Services or these Terms and Conditions until it has exhausted the procedures in this clause 11, unless the party seeks urgent injunctive or interlocutory relief.
11.2. If a dispute arises between the parties, either party may give notice of the dispute (Dispute Notice) to the other party. If a Dispute Notice is given:
(a) the Client’s representative and Parcel Right’s authorised representatives (or their nominee) must negotiate as soon as possible in an effort to resolve the dispute;
(b) if the dispute is not resolved within 7 days of the Dispute Notice being given, the Managing Directors (or equivalent) of the parties must meet to resolve the dispute within 14 days;
(c) if the dispute is not resolved within 21 days of the Dispute Notice being given, the parties will instruct the President of the Victorian Chapter of the Resolution Institute to appoint an independent mediator to resolve the dispute by mediation and the parties must participate in the mediation in good faith in accordance with the Resolution Institute’s mediation rules; and
(d) the parties must continue to perform their obligations under these Terms and Conditions despite the existence of a dispute or any steps being taken under this clause 11.
12.1. If, at any time during the term of these Terms and Conditions, a party ( the Defaulting Party):
(a) commits or causes to occur any remediable breach of these Terms and Conditions and fails to remedy the same within thirty days of notice in writing to the Defaulting Party from the other party specifying the breach and requesting the same to be remedied;
(b) commits or causes to occur a material, irremediable breach of these Terms and Conditions; or
(c) becomes unable to pay its debts as they become due, goes into liquidation or has an order made or a resolution be effectively passed for its winding up (other than for the purposes of reconstruction or amalgamation), appoints a receiver or manager over the whole or any part of its assets, or enters into a scheme or arrangement of compromise with its creditors,
then the other party may at its option terminate these Terms and Conditions immediately by notice in writing.
12.2. Parcel Right retains the right to close or suspend an account at any time.
12.3. The Client may close the account at any time, subject to payment of any outstanding Fees or invoices.
12.4. On termination of these Terms and Conditions for any reason, Parcel Right will immediately cease providing the Services and the Client will pay all Fees and other amounts payable and not yet paid under these Terms and Conditions at the date of termination and any reasonable costs incurred by Parcel Right from or in connection with such termination.
13. Force Majeure
13.1. Parcel Right shall not be liable to the Client under these Terms and Conditions shall not be in default of these Terms and Conditions for a failure to perform or delay in performance of Parcel Right’s obligations which arises as a result of any act not reasonably within its control including but not limited to:
(a) Fire, flood, lightning, storm and tempest;
(b) Strikes, lockouts and other industrial disputes;
(c) Acts of war, riots, and explosions;
(d) Pandemics and endemics;
(e) Government restrictions and unavailability of equipment; and,
(f) Cancellation or variation of any transport services utilised by Parcel Right,
(Force Majeure Event).
13.2. Subject to clause 13.1 no right of any party shall be affected by:
(a) any failure of any party to comply with any provision of these Terms and Conditions; or
(b) any delay on the part of any party in complying with any provision of these Terms and Conditions,
which arises as a result of the events set out in clause 13.1.
13.3. In the event of delay in performance as a result of a Force Majeure Event, the time period for any obligations affected by the delay shall be extended by a period equal to the delay.
13.4. This clause 13 does not affect any existing obligations on the part of the Client to pay any Fees or other amounts to Parcel Right.
14. Confidentiality and Privacy
14.1. The parties acknowledge and agree that all information concerning the terms of these Terms and Conditions and incidental to these Terms and Conditions, as well as all information concerning the names and addresses of the other party’s customers and suppliers (including personal information) and the nature of the other party’s business (Confidential Information) is confidential to the other party and each party covenants with the other party (subject to any requirements imposed by law or any order of any court having jurisdiction) that it:
(a) will maintain the other party's Confidential Information in strict confidence;
(b) will not use, cause or permit Confidential Information nor any part thereof to be used for its own benefit or for the benefit of any other party, except the other party;
(c) will not make, cause or permit to be made otherwise than for the benefit of the other party any notes or memorandum relating to or copies or duplicates of Confidential Information or any part thereof; and
(d) will not disclose, cause or allow Confidential Information or any part thereof to be disclosed to any person without the prior written permission of the other party.
14.2. Clause 14.1does not apply to information of the other party that is in or comes into the public domain other than by breach of these Terms and Conditions, or is disclosed to a party by a third party entitled to disclose it, or in respect of which the party in question can reasonably establish it had knowledge or possession before the commencement of these Terms and Conditions.
14.4. The Client acknowledges and agrees that:
(a) it will only collect, use, or disclose to Parcel Right personal information of individuals, including names, addresses, email addresses, contact telephone numbers and other information with the relevant individual’s consent and in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth); and
15. Website Services
15.1. Parcel Right may correspond with and/or provide reports, including tracking information where applicable, to the Client using a website or by email (Website Services). Parcel Right acknowledges that the information provided in the Website Services is confidential to the Client and it shall take all reasonable steps to prevent access to such information by unauthorised persons. The Client acknowledges that data sent across the internet, including the Confidential Information contained in the Website Services, is not immune to interception by resourceful interlopers.
15.2. The Client acknowledges that access to the Website Services via a website (if applicable) will be achieved by the Client’s use of a confidential login and password. The Client acknowledges and agrees that the Client shall be responsible for ensuring that the Client’s login and password is kept confidential and secure at all times and is only distributed to the Client’s authorised persons who have authority to access the Website Services. The Client acknowledges Parcel Right’s advice that the Client’s password should be changed regularly to protect confidentiality and maintain security of the Client’s Confidential Information, particularly in the event of any of the Client’s authorised persons leaving the employ of the Client.
15.3. The Client agrees that, in accepting the provision of Website Services from Parcel Right, it does so entirely at its own risk and it shall not hold Parcel Right liable for any loss or damage whatsoever which it may suffer as a result of unauthorised access to the online data provided for the Client’s purposes via the Website Services.
16. General Provisions
16.1. Entire Agreement: These Terms and Conditions constitute the whole of the agreement between the parties and supersedes all prior representations, discussions or agreements of any kind between the parties in relation to the Services and subject matter of these Terms and Conditions in general.
16.2. Governing Law: These Terms and Conditions is governed in all respects by the laws of Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and waives any right to object to proceedings being brought in those courts.
16.3. No employment: Nothing contained in these Terms and Conditions constitutes the relationship of joint venture, partnership, or employment between the parties and it is the parties’ express intention to deny such relationships.
16.4. Assignment: Parcel Right may assign, transfer, license or otherwise dispose of, in whole or in part, its rights and obligations under these Terms and Conditions.
16.5. Variation: Parcel Right may amend or modify these Terms and Conditions at any time. Updates will be available on the Parcel Right website. Continued use of Parcel Right’s services by the Client constitutes the Client’s acceptance of any updated Terms and Conditions.
16.6. Notices: Any notice or demand to be given or made under these Terms and Conditions must be in writing signed by a party's authorised representative and delivered to the other party’s mail or email address.
16.7. Waiver: The failure of a party at any time to require full or partial performance of any provision of these Terms and Conditions will not affect in any way the full right of that party to require that performance subsequently, and waiver by one party in respect of a breach of the other party will not prevent the waiving party from subsequently relying on any rights in respect of that breach, save to the extent that such waiver is in writing and signed by the waiving party.
16.8. Severance: If any provision of these Terms and Conditions is unenforceable or invalid, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of these Terms and Conditions.