Standard Trading Conditions
The terms that govern transport, delivery, removal and disposal services PicUp provides to business customers. If you’re a residential customer, our consumer Terms & Conditions apply instead.
Standard Trading Conditions
About these Conditions
These Standard Trading Conditions govern all transport, delivery, removal, disposal and related services provided by PicUp Pty Ltd to business customers. They apply to every booking, whether or not you hold a credit account with us.
If you’re engaging PicUp for personal, domestic or household purposes, our Consumer Terms & Conditions apply instead.
This is a legal document. If you’re unsure of its effect, we recommend seeking independent legal advice.
Definitions
1.1 In these Conditions:
“ACL” means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Booking” means each request by the Customer for PicUp to provide Services, however made, including via the Platform, an API, email, telephone, or a standing or scheduled service arrangement.
“Business Day” means a day other than a Saturday, Sunday or public holiday in Brisbane, Queensland. This single reference point applies for all purposes under these Conditions regardless of the State in which the Customer or a Consignment is located, so that time periods can be calculated consistently across PicUp’s multi-state operations.
“Charges” means all amounts payable by the Customer for the Services, calculated in accordance with clause 8.
“Conditions” means these Standard Trading Conditions as amended from time to time in accordance with clause 2.4.
“Consequential Loss” means any loss of profit, revenue, anticipated savings, production, business, opportunity, contract, goodwill or reputation, any loss or corruption of data, and any indirect, special or consequential loss, in each case whether or not foreseeable at the time of the Booking.
“Consignment” means the Goods that are the subject of a single Booking.
“Customer” means the person or entity identified as the customer in a Booking, credit application or Platform account registration, and includes its successors and permitted assigns.
“Damage” includes physical damage, deterioration, contamination, marking, scratching, staining, denting, tearing and partial loss.
“Declared Value” has the meaning given in clause 12.2.
“Excluded Goods” means the goods listed in Schedule 1.
“Force Majeure” means any event beyond the reasonable control of a party, including acts of God, fire, flood, storm, cyclone, earthquake, pandemic or epidemic, government or authority action, quarantine or biosecurity restriction, war, terrorism, civil unrest, riot, strike or industrial action, road closure or extraordinary traffic congestion, failure of utilities or telecommunications, cyber incident, and fuel shortage.
“Goods” means the items that are the subject of a Booking, including all packaging, wrapping, pallets, containers and equipment supplied by or on behalf of the Customer.
“GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Hauler” means an independent transport contractor engaged by PicUp to perform all or part of the Services.
“Insolvency Event” means, in respect of a person, becoming bankrupt, entering into a scheme or arrangement with creditors, having a receiver, administrator, controller or liquidator appointed, being wound up, ceasing to carry on business, or being unable to pay its debts as and when they fall due.
“PicUp” means PicUp Pty Ltd ACN 627 699 076 and each of its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), successors and assigns.
“PicUp Personnel” means PicUp’s directors, officers, employees, agents, Haulers, subcontractors and their respective personnel.
“Platform” means PicUp’s booking, dispatch, tracking and reporting software, including its websites, applications, customer portal and APIs.
“POD” means proof of delivery in any of the forms described in clause 7.8.
“PPSA” means the Personal Property Securities Act 2009 (Cth).
“Services” means all operations and services performed or arranged by PicUp in respect of the Goods, including collection, loading, carriage, delivery, unloading, placement, assembly, disassembly, removal, disposal, storage, and any advice or information given in connection with them.
“WHS Laws” means work health and safety legislation applicable in the jurisdiction in which the relevant Services are performed, including the Work Health and Safety Act 2011 (Qld), the Work Health and Safety Act 2011 (NSW), the Occupational Health and Safety Act 2004 (Vic), and the regulations, codes of practice and corresponding legislation made under each of them.
1.2 In these Conditions, unless the context requires otherwise: headings are for convenience only and do not affect interpretation; the singular includes the plural and the reverse; “includes” and “including” are not words of limitation; a reference to legislation includes any amendment to or replacement of it; a reference to a person includes an individual, body corporate, partnership, trust, joint venture and unincorporated association; and where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
1.3 No rule of construction applies to the disadvantage of PicUp on the basis that PicUp prepared these Conditions.
How these Conditions apply
2.1 These Conditions apply to every Booking and to all Services performed by PicUp for the Customer, whether or not the Customer holds a credit account with PicUp.
2.2 The Customer is taken to have read and accepted these Conditions on the earliest to occur of: (a) registering an account on the Platform; (b) submitting a credit application to PicUp; (c) placing a Booking; (d) tendering Goods to PicUp or PicUp Personnel; and (e) accepting delivery of Goods carried by PicUp.
2.3 These Conditions prevail over any inconsistent term contained in any purchase order, vendor agreement, supplier portal, supplier code, consignment note, delivery docket or other document issued by the Customer, whether or not PicUp has signed, acknowledged or acted on that document, unless PicUp’s Chief Executive Officer or Chief Financial Officer has expressly agreed otherwise in writing.
2.4 PicUp may amend these Conditions by publishing an amended version at picup.com.au/legal/businesstermsandconditions and giving the Customer not less than 30 days’ written notice. The amended Conditions apply to Bookings placed after the end of that notice period. If the Customer does not accept the amendment, the Customer may terminate under clause 21.5.
2.5 These Conditions, together with the rate schedule applicable to the Customer, any credit application and annexure submitted by the Customer, and any credit approval issued by PicUp, constitute the entire agreement between the parties in relation to the Services and supersede all prior representations, proposals and understandings.
Not a common carrier
3.1 PicUp is not a common carrier and does not accept any of the liabilities of a common carrier.
3.2 PicUp may refuse any Booking, or refuse to carry any Goods offered, at its absolute discretion and without giving reasons.
Our Hauler network and subcontracting
4.1 The Customer acknowledges that PicUp operates a managed marketplace and that the Services are performed by independent Haulers rather than by employees of PicUp.
4.2 PicUp may subcontract, assign or arrange the performance of all or any part of the Services to any person, on any terms, at any time, without notice to or the consent of the Customer.
4.3 Each Hauler is an independent contractor. Nothing in these Conditions creates a relationship of employment, partnership, joint venture or agency between the Customer and any Hauler.
4.4 Every exemption, limitation, defence, immunity and benefit in these Conditions that applies to PicUp also applies to and may be relied on by each of the PicUp Personnel. For the purposes of this clause PicUp contracts as agent and trustee for each of the PicUp Personnel, and each of them is a party to these Conditions to that extent.
4.5 The Customer must not bring, and must procure that no consignee brings, any claim in respect of the Services directly against any Hauler or other PicUp Personnel. The Customer indemnifies PicUp against all loss arising from any claim brought contrary to this clause.
Your responsibilities when booking
5.1 The Customer represents and warrants, in respect of each Booking, that:
- (a) it is the owner of the Goods or is authorised by the owner to tender them for the Services;
- (b) the description, quantity, weight, dimensions, value and nature of the Goods provided to PicUp are complete and accurate;
- (c) the Goods are not Excluded Goods, and do not contain or conceal Excluded Goods;
- (d) the Goods have been prepared and packaged in accordance with clause 6;
- (e) it has disclosed in writing any characteristic of the Goods requiring special handling, equipment, licensing or care;
- (f) the collection and delivery addresses, contact details and access instructions supplied are accurate and current;
- (g) safe, lawful and adequate access is available at the collection and delivery points, including any required parking, loading zone, lift, permit or building approval;
- (h) any person nominated by the Customer to release or receive the Goods is authorised to do so; and
- (i) it has obtained all consents necessary to disclose to PicUp the personal information of any consignee.
5.2 The Customer indemnifies PicUp and PicUp Personnel against all loss, damage, cost, expense, fine, penalty and claim arising from or in connection with any breach of clause 5.1.
5.3 Where a Booking is placed through the Platform or an API, the Customer is responsible for the accuracy and completeness of all data it transmits, and PicUp is entitled to rely on that data without independent verification.
Packaging and preparing your goods
6.1 The Customer must, at its cost, pack, wrap, protect, secure and label the Goods so as to withstand the ordinary risks of handling, loading, carriage, unloading and storage, having regard to the nature of the Goods and the Services booked.
6.2 Without limiting clause 6.1, and unless PicUp has agreed otherwise in writing, the Customer must ensure that:
- (a) mattresses and soft furnishings are enclosed in a sealed protective cover;
- (b) glass, mirrored, stone and ceramic surfaces are edge-protected and corner-protected;
- (c) drawers, doors, lids and moving parts are secured or removed;
- (d) loose components, fittings and fixings are removed, bagged and labelled;
- (e) flat-packed goods remain in original, unopened manufacturer packaging;
- (f) appliances are drained, defrosted, disconnected and transit-bolted where applicable; and
- (g) each item is labelled with the consignee name and delivery address.
6.3 The Customer acknowledges and agrees that the following Goods are carried entirely at the Customer’s risk, and that PicUp has no liability of any kind for loss of or Damage to them: (a) Goods that are unpackaged, partly packaged, or packaged by or on behalf of the Customer in a manner that does not comply with clauses 6.1 and 6.2; (b) Goods that are used, second-hand or previously assembled; (c) Goods that are inherently fragile, brittle or susceptible to damage in ordinary handling; and (d) Goods with pre-existing damage, wear or defect.
6.4 PicUp may, but is not obliged to, refuse to carry, or repackage at the Customer’s cost, any Goods that in PicUp’s reasonable opinion are inadequately prepared.
Collection, access and delivery
7.1 All collection and delivery times, windows and estimates are indicative only. Time is not of the essence. PicUp is not liable for any delay however caused.
7.2 The Customer must ensure that the Goods are ready for collection, and that access is available at both the collection and delivery points, throughout the booked window. Waiting time is chargeable under clause 8.3.
7.3 If PicUp attends and is unable to collect or deliver for any reason not attributable to PicUp, a failed collection or failed delivery charge applies and any subsequent attempt is charged as a new Booking.
7.4 Where the Customer or the consignee gives an authority to leave, PicUp discharges its obligations by leaving the Goods at the nominated location. Risk in the Goods passes on unloading and PicUp has no liability for any subsequent loss, theft, Damage or misappropriation.
7.5 If the delivery point is unattended and no authority to leave has been given, PicUp may return the Goods to a depot or place them into storage, in each case at the Customer’s cost and risk, and clause 15 applies.
7.6 Services requiring two persons, carriage above the ground floor, stair carries, long carries, restricted or permit-controlled access, or specialised equipment must be identified at the time of Booking and are charged under clause 8.3. Where they are not identified, PicUp may decline to perform the Service and clause 7.3 applies.
7.7 PicUp may deviate from any route and may use any method or means of carriage or storage at its discretion.
7.8 POD may take the form of a signature, photograph, geolocation record, timestamped delivery event, scan record, driver run record or Platform delivery log. Any one of them is conclusive evidence of delivery. The absence or unavailability of a POD is not evidence of non-delivery and is not a valid reason to withhold or delay payment.
7.9 Assembly, installation, packaging removal, old-item takeaway and rubbish removal are performed only where expressly included in the Booking and charged accordingly.
Rates, charges and price changes
8.1 The Customer must pay the Charges calculated in accordance with the rate schedule issued to the Customer, as varied under this clause 8.
8.2 PicUp may vary the rate schedule on not less than 30 days’ written notice. Notice may be given by email to the Customer’s nominated address, by notice on an invoice or statement, or by notice within the Platform.
8.3 In addition to the rates in the rate schedule, the following are chargeable at the rates notified to the Customer or published at picup.com.au: fuel levy; waiting time; failed collection; failed delivery; redelivery; return to sender; storage; after-hours, weekend and public holiday service; tolls, permits and parking; remeasure and reweigh; stair carry, long carry and restricted access; two-person service; disposal, tip and transfer station fees; cancellation; and any levy, tax or impost imposed on the carriage.
8.4 Charges based on weight or dimensions are calculated on PicUp’s measurement of the Goods and not on the Customer’s declaration. A certificate signed by an officer of PicUp as to a measurement or weight is prima facie evidence of it.
8.5 A Booking cancelled less than 4 hours before the booked collection window attracts a cancellation fee equal to 50% of the Charges for that Booking. Charges are earned in full once the Goods are loaded.
8.6 All Charges are exclusive of GST unless expressly stated otherwise. The Customer must pay GST on any taxable supply in addition to the Charges.
Payment
9.1 Unless PicUp has approved extended terms for the Customer under clause 9.2, payment terms are 7 days from the date of invoice. Where no credit account has been granted, the Charges are payable in cleared funds before collection.
9.2 PicUp may, at its discretion, approve extended payment terms of up to 30 days for a Customer, evidenced in writing signed by an authorised officer of PicUp. Extended terms run from the date of invoice unless PicUp expressly approves a different basis (such as end of month) in writing. PicUp may grant, vary, suspend or withdraw extended terms at any time on reasonable written notice, including where the Customer’s payment conduct, credit standing or trading volume no longer supports them. Extended terms granted under this clause do not vary any other provision of these Conditions.
9.3 The Customer must pay all Charges in full without deduction, withholding, set-off or counterclaim.
9.4 PicUp may charge interest on any overdue amount at 1.5% per month, calculated daily from the due date until payment in full. The parties agree this is a genuine pre-estimate of PicUp’s loss and is not a penalty.
9.5 The Customer must pay all costs and expenses incurred by PicUp in recovering or attempting to recover any overdue amount, including mercantile agent fees, dishonour fees and legal costs on a solicitor and own client basis.
9.6 If the Customer disputes an invoice it must notify PicUp in writing within 7 Business Days of the invoice date, specifying the disputed line items and the grounds. The Customer must pay all undisputed amounts by the due date. An invoice not disputed within that period is taken to be accepted.
9.7 Where the Customer has given a direct debit authority, PicUp may debit the nominated account for any amount due on or after its due date, in accordance with PicUp’s Direct Debit Request Service Agreement.
9.8 PicUp may apply any payment received to the oldest outstanding invoice, regardless of any allocation stated by the Customer.
9.9 Payments by credit card attract a surcharge at the rate published at picup.com.au, not exceeding PicUp’s cost of acceptance.
9.10 PicUp may at any time require the Customer to provide additional or replacement security as a condition of continuing credit, including a director’s guarantee, a parent company guarantee or a bank guarantee. If the Customer does not provide the required security within 10 Business Days of written request, PicUp may suspend credit under clause 21.1 and require prepayment.
Liability and limitation of liability
10.1 Subject to clauses 10.5 and 22, and to the maximum extent permitted by law, PicUp and PicUp Personnel are not liable to the Customer or to any other person for any loss of or Damage to Goods, delay, misdelivery, non-delivery, failure to collect, or any other loss, cost or expense of any kind arising from or in connection with the Services, however arising, including as a result of the negligence, default, act or omission of PicUp or PicUp Personnel.
10.2 PicUp is not liable in any circumstances for Consequential Loss.
10.3 To the extent PicUp is found liable notwithstanding clause 10.1, its liability is limited to the least of: (a) the reasonable cost of repairing the Goods; (b) the depreciated market value of the Goods immediately before the loss or Damage; (c) the Declared Value for that Consignment; and (d) $10,000 per Consignment. PicUp’s aggregate liability to the Customer in any 12 month period is limited to $200,000.
10.4 Without limiting clause 10.1, PicUp has no liability for loss or Damage arising from or in connection with: Excluded Goods; Goods within clause 6.3; inherent vice, latent defect, natural deterioration or ordinary wear and tear; inadequate or unsuitable packaging; incorrect, incomplete or out-of-date address, contact or access information; delivery in accordance with an authority to leave; any act or omission of the Customer, the consignee or their personnel; property damage at a collection or delivery point caused by carrying Goods along a route or through an opening nominated or approved by the Customer or consignee; Force Majeure; or delay of any kind.
10.5 Nothing in these Conditions excludes, restricts or modifies any right, guarantee, warranty or remedy conferred by law that cannot lawfully be excluded, restricted or modified. The Customer acknowledges that under section 63 of the ACL the consumer guarantees do not apply to a supply of services for the transportation or storage of goods for the purposes of a business, trade, profession or occupation carried on by the person for whom the goods are transported or stored. Where a consumer guarantee does apply and section 64A of the ACL permits, PicUp limits its liability, at PicUp’s option, to resupplying the Services or paying the cost of having them resupplied.
Making a claim
11.1 The Customer must give PicUp written notice of any intention to claim in respect of loss of or Damage to Goods within 7 days after the date of delivery, and in the case of non-delivery within 14 days after the date on which the Goods should have been delivered.
11.2 The Customer must provide full particulars of the claim, together with all supporting evidence including photographs, purchase invoices, repair quotations and the POD, within 21 days after giving notice under clause 11.1.
11.3 A claim not notified and particularised strictly in accordance with clauses 11.1 and 11.2 is absolutely barred and extinguished, and PicUp has no liability in respect of it. Time is of the essence in this clause 11.
11.4 The Customer must preserve the Goods and all packaging in the condition in which they were received and make them available for inspection by PicUp or its insurer on request.
11.5 The Customer must not withhold, set off or delay payment of any Charge on account of a claim, whether notified or not.
11.6 PicUp is not obliged to consider any claim while any amount owed by the Customer is overdue.
Insurance and declared value
12.1 The Customer is responsible for arranging and maintaining its own insurance over the Goods in transit and in storage. The Customer acknowledges that PicUp’s insurance does not cover the Customer’s Goods except to the extent of PicUp’s liability as limited by these Conditions.
12.2 The Customer may, at the time of Booking and not afterwards, declare a value for a Consignment and pay the applicable premium. The value so declared and accepted by PicUp is the Declared Value. Where no value is declared, the default limit in Schedule 2 applies.
12.3 A Declared Value operates only as a ceiling on PicUp’s liability under clause 10.3. It is not a warranty of value, an agreed value, or a contract of insurance, and does not oblige PicUp to pay the Declared Value.
12.4 The Customer must ensure that each of its policies of insurance responding to loss of or Damage to the Goods contains a waiver of subrogation in favour of PicUp and PicUp Personnel, and must provide evidence of that waiver on request.
Lien and security interest
13.1 PicUp has a general lien over all Goods and documents in the possession, custody or control of PicUp or PicUp Personnel, for all amounts owing by the Customer to PicUp on any account, whether or not those amounts relate to the Goods held.
13.2 If amounts secured by the lien remain unpaid 30 days after PicUp gives the Customer written notice of the exercise of the lien, PicUp may sell the Goods by public auction, private treaty or any other means, apply the proceeds against the amounts owing, storage, and the costs of sale, and account to the Customer for any surplus. Sale does not discharge the Customer from liability for any shortfall.
13.3 These Conditions constitute a security agreement for the purposes of the PPSA. The Customer grants to PicUp a security interest in all Goods supplied to or coming into the possession of PicUp, and in their proceeds, to secure all amounts owing by the Customer to PicUp.
13.4 The Customer consents to PicUp registering its security interest on the Personal Property Securities Register, must promptly do all things reasonably required by PicUp to perfect and maintain that registration, and must pay PicUp’s costs of registration, maintenance and enforcement.
13.5 The Customer waives its right to receive a verification statement under section 157 of the PPSA.
13.6 To the extent permitted by section 115 of the PPSA, the parties contract out of sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA, and the Customer waives its rights under sections 142 and 143.
13.7 The Customer must not grant or permit to be registered any security interest over the Goods in favour of a third party without first notifying PicUp in writing.
13.8 Neither party may disclose information of the kind described in section 275(1) of the PPSA, and the Customer waives any right it has to authorise such disclosure.
Dangerous, prohibited and excluded goods
14.1 The Customer must not tender Excluded Goods for the Services without PicUp’s prior written consent, which PicUp may withhold at its absolute discretion or grant on conditions.
14.2 If the Customer tenders Excluded Goods in breach of clause 14.1, PicUp may at any time and without notice refuse, unload, remove, isolate, destroy, render harmless or dispose of them, at the Customer’s cost, without liability to the Customer or any other person.
14.3 The Customer indemnifies PicUp and PicUp Personnel against all loss, damage, injury, cost, expense, fine, penalty and claim arising from or in connection with the tender of Excluded Goods.
14.4 Where dangerous goods are carried with PicUp’s consent, the Customer must comply with the Australian Code for the Transport of Dangerous Goods by Road and Rail and all applicable laws, and must provide all required documentation, classification, labelling and safety data sheets.
Uncollected and undeliverable goods
15.1 Where Goods cannot be delivered or collected for any reason, PicUp will hold them for 28 days. Storage during that period is at the Customer’s cost and risk and PicUp’s liability under clause 10 does not apply to Goods in storage.
15.2 If the Goods are not collected or redelivery arranged within that period, PicUp may sell or otherwise dispose of them and apply the proceeds against storage, attempted delivery, disposal and sale costs, and then against any amounts owing by the Customer, accounting for any surplus.
15.3 Where PicUp reasonably considers that the cost of sale would exceed the likely proceeds, PicUp may dispose of the Goods by donation to a charity or by delivery to a licensed waste or recycling facility, at the Customer’s cost.
15.4 PicUp may dispose of perishable, hazardous or deteriorating Goods immediately and without notice.
Force majeure
16.1 PicUp is not liable for any failure or delay in performing the Services to the extent caused by Force Majeure, and is not taken to be in breach of these Conditions in those circumstances.
16.2 Charges remain payable for Services performed before and during the Force Majeure event, and PicUp may recover its reasonable additional costs of storing, protecting or rerouting the Goods.
Work health and safety
17.1 Each party must comply with all applicable WHS Laws. The Customer acknowledges that PicUp’s network operates vehicles with a gross vehicle mass not exceeding 4.5 tonnes and that, in each State in which the Heavy Vehicle National Law applies (including Queensland, New South Wales and Victoria), the Heavy Vehicle National Law does not apply to those vehicles. Where PicUp arranges carriage in a heavy vehicle, both parties must comply with their chain of responsibility obligations under the Heavy Vehicle National Law as applied in the relevant State.
17.2 The Customer must provide a safe place of work at each collection and delivery point, disclose all known hazards in advance, and ensure that access routes, floors, lifts, driveways and loading areas are safe and adequate.
17.3 The Customer must not ask, require, encourage, incentivise or permit PicUp Personnel to exceed a speed limit, drive while fatigued, exceed vehicle load or dimension limits, breach any law, or otherwise perform the Services in an unsafe manner.
17.4 PicUp Personnel may refuse to commence or may cease performing any Service where they reasonably consider it unsafe, without liability to the Customer. Charges remain payable and clause 7.3 applies.
17.5 The Customer must provide adequate labour or equipment where the weight, size or configuration of any item exceeds the manual handling limits notified by PicUp.
Non-solicitation of Haulers
18.1 During the term of the Customer’s trading relationship with PicUp, and for a period of 12 months after it ends, the Customer must not, directly or indirectly, engage, employ, solicit, procure or contract with any Hauler who has performed Services for the Customer, other than through PicUp.
18.2 Clause 18.1 extends to engaging a Hauler through any related entity of the Customer, through any other transport provider, through any labour hire or intermediary arrangement, and to any arrangement having substantially the same effect.
18.3 If the Customer breaches clause 18.1 or 18.2, the Customer must pay PicUp $15,000 in respect of each Hauler engaged. The parties agree this amount is a genuine pre-estimate of PicUp’s loss, representing PicUp’s costs of recruiting, verifying, onboarding, inducting and training a replacement Hauler, together with the lost margin on that Hauler’s expected utilisation, and is not a penalty.
18.4 The Customer acknowledges that PicUp has invested substantial time and expense in building, verifying, insuring, training and maintaining its Hauler network, that the network is central to the value of the Services, and that the restraint in this clause 18 is reasonable and necessary to protect PicUp’s legitimate business interests.
18.5 Clause 18.1 has effect as though it were separately expressed for each of the following periods: 12 months, 9 months, 6 months and 3 months. If any period is held unenforceable, the next shortest period applies.
Privacy and credit reporting
19.1 Each party must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. PicUp handles personal information in accordance with its Privacy Policy at picup.com.au.
19.2 The Customer warrants that it has collected all consignee personal information lawfully and is permitted to disclose it to PicUp and PicUp Personnel for the purpose of performing, tracking and confirming the Services.
19.3 PicUp may collect, use and disclose consignee personal information for the purposes of performing the Services, providing delivery notifications, obtaining POD, resolving claims and improving service quality.
19.4 The Customer consents to PicUp obtaining commercial credit information about the Customer from credit reporting bodies, banks and trade referees, and to PicUp disclosing information about the Customer’s credit arrangements and payment conduct to credit reporting bodies, other credit providers, PicUp’s solicitors and mercantile agents, in each case in accordance with Part IIIA of the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code.
Using our platform
20.1 PicUp grants the Customer a revocable, non-exclusive, non-transferable licence to access and use the Platform solely for the purpose of booking and managing the Services.
20.2 The Customer is responsible for all activity conducted under its Platform accounts and API credentials, and must notify PicUp immediately of any unauthorised access.
20.3 PicUp owns all intellectual property in the Platform. The Customer owns the consignment data it submits. PicUp may use, retain and disclose de-identified and aggregated data derived from the Services for any purpose, including benchmarking, network optimisation and product development.
20.4 PicUp may suspend, restrict or revoke access to the Platform, any API and any delivery records where any amount payable by the Customer remains outstanding beyond its due date, or where the Customer is in breach of these Conditions. Suspension of access does not relieve the Customer of any obligation to pay.
20.5 The Customer must not reverse engineer, scrape, copy or benchmark the Platform for the purpose of building a competing product or service, and must not permit any third party to do so.
Suspension and termination
21.1 PicUp may immediately suspend the Services, suspend or reduce any credit limit, require prepayment, or terminate the trading relationship, if: any amount is overdue; an Insolvency Event occurs in respect of the Customer or any guarantor; the Customer breaches these Conditions; the Customer has given PicUp materially false or misleading information; or there is a change of control of the Customer that has not been notified under clause 24.7.
21.2 Either party may terminate the trading relationship on 30 days’ written notice.
21.3 On termination or suspension, all amounts owing by the Customer become immediately due and payable, whether or not otherwise due.
21.4 Termination does not affect any accrued right or obligation. Clauses 4.4, 5.2, 9, 10, 11, 13, 14.3, 18, 19, 20.3 and 25 survive termination.
21.5 The Customer may terminate without liability, other than for Charges already incurred, by written notice given before the end of the notice period for any variation notified under clause 2.4 or clause 8.2.
Small business and consumer contracts
22.1 Where these Conditions constitute a small business contract or a consumer contract within the meaning of section 23 of the ACL, PicUp will not rely on, apply or seek to enforce clauses 2.3, 2.4, 8.2, 9.3, 10.3, 11.5, 13.2, 18.3, 20.4 and 21.1 except to the extent reasonably necessary to protect PicUp’s legitimate interests.
22.2 Nothing in these Conditions excludes, restricts or modifies any right or remedy conferred on the Customer by the ACL or any other law that cannot lawfully be excluded, restricted or modified.
Notices
23.1 A notice under these Conditions must be in writing and may be given by email to the address nominated by the recipient, by post to its last known address, or by notice within the Platform.
23.2 A notice is taken to be received: if emailed, at the time of transmission unless a delivery failure is received; if posted, on the second Business Day after posting; and if given within the Platform, when made available to the Customer’s account.
General
24.1 PicUp may assign or novate its rights and obligations without consent. The Customer may not do so without PicUp’s prior written consent.
24.2 If any provision is held to be void, unenforceable or illegal, it is severed and the remaining provisions continue in full force.
24.3 No failure or delay by PicUp in exercising a right operates as a waiver of that right, and no single exercise precludes any further exercise.
24.4 Where the Customer enters into these Conditions as trustee of a trust, the Customer is liable both personally and in its capacity as trustee, and warrants that it has a full right of indemnity out of the assets of the trust and that the assets of the trust are sufficient to meet its obligations to PicUp.
24.5 Where the Customer comprises more than one person, their liability is joint and several.
24.6 The Customer must notify PicUp in writing within 5 Business Days of any change to its business structure, ownership, or any change in shareholding exceeding 25% in aggregate. The Customer named in PicUp’s records remains liable for all Services supplied until PicUp has accepted a fresh credit application from the new entity.
24.7 These Conditions may be accepted electronically, and an electronic acceptance record maintained by PicUp is admissible as evidence of acceptance.
Disputes and governing law
25.1 If a dispute arises, a party must give written notice specifying the dispute, and senior representatives of each party must meet within 10 Business Days and attempt in good faith to resolve it before commencing proceedings.
25.2 Clause 25.1 does not prevent either party from seeking urgent interlocutory relief, and does not prevent PicUp from commencing proceedings to recover a debt.
25.3 These Conditions are governed by the laws of Queensland, regardless of the State in which the Customer is located or in which the Services are performed. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and courts hearing appeals from them.
Schedule 1 — Excluded and prohibited goods
The following Goods must not be tendered for the Services without PicUp’s prior written consent:
- Cash, bullion, precious metals and stones, jewellery and watches.
- Negotiable instruments, securities, share certificates, deeds and title documents.
- Live animals, plants, and any item subject to biosecurity or quarantine restriction.
- Firearms, ammunition, weapons, explosives and fireworks.
- Dangerous goods classified under the Australian Code for the Transport of Dangerous Goods by Road and Rail.
- Asbestos, contaminated soil, clinical waste, hazardous waste and any material requiring licensed handling or disposal.
- Perishable goods and any goods requiring temperature control.
- Pharmaceuticals, prescription medicines and controlled substances.
- Tobacco, nicotine and vaping products in commercial quantity.
- Alcohol in commercial quantity, other than under a valid licence held by the Customer.
- Original artworks, antiques, collectables and musical instruments with a value exceeding $2,000 per item.
- Irreplaceable items, including original documents, photographs, records and data media.
- Goods that are illegal to possess or transport, or that require an import, export or movement permit.
- Goods exceeding 200 kg per item or 3 metres in any single dimension.
Schedule 2 — Liability limits and declared value
Default limits apply where no Declared Value has been accepted by PicUp at the time of Booking.
| Service line | Default limit per consignment | Maximum declared value | Premium | Excess |
|---|---|---|---|---|
| Retail / B2B delivery | $1,000 | $5,000 | 1% | $100 |
| Single-item furniture delivery | $2,000 | $10,000 | 1% | $100 |
| Small Moves | $5,000 | $25,000 | 1.5% | $250 |
| Removals | $10,000 | $50,000 | 1.5% | $500 |
| Junk Removal / disposal | Nil | Not available | — | — |
Aggregate liability cap per rolling 12 month period: $200,000
Goods tendered for Junk Removal or disposal are accepted on the basis that they have no residual value and PicUp accepts no liability for them.
Contact Information
If you have questions about these Conditions, contact us at:
PicUp Pty Ltd
6a/32 Currumbin Creek Road
Currumbin Waters QLD 4223
By placing a Booking, submitting a credit application, tendering Goods or accepting delivery, you acknowledge that you have read, understood and agreed to these Standard Trading Conditions.