Discoverr.AI Pty Ltd (ABN: 50 640 133 259) (Discoverr.AI) owns and operates this Website/App. Access to and use of this Website/App and services available through this Website/App (collectively, Services) is subject to the following terms, conditions, and notices
- This Agreement will start on the Commencement Date(refer section 8)
- The Agreement will continue from the Commencement Date for the termas mentioned in section 8.
- This Agreement may end earlier provided 15 days of notice from both parties.
Discoverr.AI will provide the following services to you:
- The Brang website;
- The Brang mobile app;
The Services will enable you to:
- Connect with our independent Delivery Partners;
3) SCOPE OF THE SERVICES
- As part of the services contained in clause 2(a) Discoverr.AI will:
- Provide technology services via the Brang website/app;
- Provide complaint handling mechanisms;
- Provide refunding services (within 5-10 working days);
- Connect you with independent Deliver Partners via the Brang website/app; and
- Process your payments to your independent Delivery Partners.
4) CONFIDENTIAL INFORMATION
- You acknowledge that all material provided to you by Discoverr.AI is confidential information owned by Discoverr.AI and you must not disclose it to any third party.
- The information referred to in clause 6(a) does not include information that is already in the public domain.
- When using the Brang website/app:
- Your Delivery Partner is engaged by you, as your agentto deliver your Goods to the customer.
- Your Delivery Partner will at all times be under your control;
- You maintain title to all goods until the good is delivered by your Delivery Partner.
6) PAYMENT TERMS
- Payments to Brang are based on the Delivery Package selected.
- Pre-payment of all invoices will be required for all delivery services, unless otherwise agreed.
7) MANAGEMENT OF THE BRANG WEBSITE/APP
- You acknowledge that our Delivery Partners are fully independent business and Brang does not control their availabilities.
- Discoverr.AI reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website/App. Your continued use of the Website/App following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
- Access to this Website/App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website/App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website/App.
- This Website/App may contain links to other websites (Linked Sites), which are not operated by Discoverr.AI. Discoverr.AI has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions and service contained within each such site.
8) BRANG IS NOT A DELIVERY SERVICE
- By entering this agreement, you acknowledge that Discoverr.AI and the Brang website/app is not a delivery service and does not provide any transportation or delivery services. Discover.AI provides technological services that connects merchants to independent Delivery Partners.
9) YOUR OBLIGATIONS
- You must comply with the Approval Standards contained in Appendix A.
- Discover.AI will provide reasonable notice before any change in the Approval Standards
You must comply with all Discoverr.AI policies and varied from time to time.
You must comply with all applicable laws and regulations.
- You must inform Discover.AI of any relevant changes including:
- Changes to your location;
- You must ensure all Goods comply with any applicable laws
- You must ensure that all Goods comply with all Discoverr.AI policies
- In consideration of the technology services provided to you under this agreement you agree to pay Discoverr.AI the fee for using the Services (the Brang Fee) which is calculated at the rate set out in the pricing package you have selected.
- You must pay the applicable Delivery Fee, which is calculated as per the pricing package you have selected
The Delivery Fee will be collected by Discoverr.AI and be remitted to your Delivery Partner
- If there is any error in the processing of the fees contained in this clause then:
- You acknowledge that Discoverr.AI has the right to reimbursement from you.
12) TAX & GST
You must pay all applicable taxes;
The following applies to the Technology Service Fee and all other amount payable to Discover.AI under this agreement:
For the purposes of GST supplies to you the Services in sole consideration of the Technology Service Fee
- All amounts payable are exclusive of GST;
- If GST is payable on a supply by Discoverr.AI you agree to pay that GST as an additional payment to Discoverr.AI.
13) INTELLECTUAL PROPERTY
Discoverr.AI at all times retains ownership of all the intellectual property rights related to the Brang Website/app.
Any use of the Discoverr.AI Intellectual Property is subject to this agreement.
You must not sell, copy, distribute, charge, license or lease any of the Discoverr.AI Intellectual Property;
You must not reverse engineer or attempt to reverse engineer any of the Discoverr.AI Intellectual Property;
You must not extract or attempt to extract the source code of any of the Discoverr.AI Intellectual Property.
- Subject to compliance with this agreement, Discoverr.AI grants you a non-exclusive licence to use the Brang website/app for the Term of this agreement (the License);
- License is not
- You must not disclose Discoverr.AI’s Confidential Information to any third party except as necessary to perform this agreement.
Discoverr.AI must not disclose your Confidential Information to any third party except as necessary to perform this agreement.
Upon request a party must deliver up or destroy another parties Confidential Information that is in its possession.
If a party to this agreement discloses Confidential Information to a third party it must ensure that third party treats that information as confidential.
Despite anything to the contrary contained in this agreement a party to this agreement may disclose Confidential information if:
- Authorised to do so by the party whose Confidential Information is to be disclosed;
It is required by law
Parties to this agreement must comply with all applicable Privacy and Data Protection Laws
Any Personal or Customer Information collected by each party must:
- Be used only for the purposes of carrying out this agreement;
Be maintained accurately;
Must not be copied or removed from the Brang website/app;
- You must immediately inform Discover.AI if you suspect or become aware of any unauthorised access by a third party to any Personal Information held be you.
You agree that Discoverr.AI may use information it collects related to your transactions on the Brang website/app for the purposes of providing, enhancing, marketing and management of the Brang website/app.
Any user identification code, password or any other piece of information that form part of Discoverr.AI’s security procedures you must treat as Confidential Information and you must not disclose it to any third party. We reserve the right to disable any user identification code or password at any time. If you become aware or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at support@Brang.com.au.
- Each party warrants that:
- it has authority to enter into and perform its obligations and under this Agreement;
will comply with all applicable Laws;
- If you are a trustee of a trust you and each trustee of the trust warrant that:
The trust deed authorises you and gives you the power to enter into this agreement and perform the obligations under this agreement;
You enter this agreement in your capacity as trustee.
All trustees of the trust have executed this agreement;
You will notify Discoverr.AI of any change in the trust deed, the trustees or anything related.
If you are a partner in a partnership you and all partners in the partnership warrant that:
- The partnership deed/agreement authorises you and gives you the power to enter into this agreement and perform the obligations under this agreement;
All partners in the partnership have executed this agreement.
Except as required under the Australian Consumer Law, each party makes no representations and disclaims all warranties, express or implied, regarding its goods or services or any portion of them including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. This section does not limit liability or alter your rights that cannot be excluded under the Australian Consumer Law.
- Each party (the Indemnifying Party) must indemnify, defend) and hold harmless the other party (the Indemnified Party) and their employees, agents, directors and officers from any claims, damages, losses and expenses (including legal costs) with respect to any third-party claim arising from or related to:
- the wilful misconduct or negligence or of the Indemnifying Party or its employees or agents;
claims that the Indemnifying Party breached any of its representations and warranties contained in this Agreement;
claims that the Indemnifying Party has infringed a third parties intellectual property rights;
failure to comply with applicable law including privacy and data protection law by the Indemnifying Party
19) LIMITATION OF LIABILITY
A party to this agreement will not be liable for any claim for any indirect, exemplary, or consequential damages, for loss of profits, or damages for loss of business or any third-party damages arising out of this Agreement.
A party’s total cumulative liability of any kind under this Agreement will not exceed AU$100,000.
Clause 19(a) and 19(b) above do not apply to a breach of confidentiality or a party's indemnification obligations.
Clause 19(a) and 19(b) above do not (and are not intended to) override any rights that a party may under any applicable law, including the Australian Consumer Law.
We recommend that each party maintain the following insurances during the term of this agreement
Public liability in the amount of $20,000,000
Worker’s compensation as required by applicable law
A party to this agreement may terminate this agreement by giving 14 days’ notice to the other party.
- Notices under this agreement can be given in the following ways:
- By post to the address specified in the…
- By Email
- Discoverr.AI may vary this agreement for time to time by;
- Providing 7 days’ notice.
- If the new carried terms and condition are detrimental to your rights under this agreement providing 30 days’ notice.
- Publishing the varied terms and condition on the Brang website/app
- By continuing to use the Brang website/app after the new varied agreement becomes effective you agree to be bound by the new varied terms and conditions.
24) GOVERNING LAW
- This agreement is governed by the laws of Victoria the parties submit
- The Vienna Convention on the International Sale of Goods of 1980 does not apply.
25) RELATIONSHIP BETWEEN THE PARTIES
- Nothing in this Agreement creates
- A joint venture;
An agency relationship (apart from the agency relationship specified in clause 8);
An employment relationship.
- Nothing in this agreement allows a party to enter into contracts, create legally binding relationships, incur debt or liability or incur expenses on behalf of the other party to this agreement.
- Each party to this agreement bears sole responsibility for its employees and contractors.
No failure to exercise, and no delay in exercising, any right, power or remedy under this agreement will operate as a waiver. No single or partial exercise of any right, power, or remedy will preclude any other, or further, exercise of that, or any other, right, power or remedy.
Any determination that a provision of this Agreement is invalid or unenforceable does not affect the remainder of this Agreement and the remainder will continue to have full force and effect.
This Agreement contains the entire agreement between the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier representations and conduct made by, or existing between, the parties with respect to its subject matter.
This Agreement may be executed in multiple counterparts, each of which will have the effect of an original. This Agreement may be entered into by:
- Accepting the agreement using the Brand website/app
Nothing in this agreement should be taken to limit or exclude any rights you have under any applicable law that cannot be lawfully limited or excluded.
means the Approval Standard Policy as varied from time to time.
means an entity that directly or indirectly:
- Controls a party;
Is under the Control of a party; or
Is under the common Control of a party
Australian Consumer Law
means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
means any confidential, proprietary or other non-public information.
the date set at which you start using the Services.
means the package of services which you selected and agree to on the Brang website/app
means independent contractors engaged by you as your agent for the purpose of delivering Goods.
means the package of services which you selected and agree to on the Brang website/app
means the fee paid by you to your Delivery Partner agent.
Discoverr.AI Intellectual Property
means all Intellectual Property owned by Discoverr.AI including the Brang website/app
any goods that you request your Delivery Partner to Deliver
means the same as "GST" means in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights
means all intellectual and industrial property rights (including underlying rights in any media now in existence or developed in the future) including, without limitation, rights in the nature of any patent, trade mark or service mark, copyright, visual image right, performance right, design, business name or trade secret or confidential information whether or not registered or registrable.
means any information gathered in relation to this Agreement that:
- relates to an identified or identifiable natural person;
can reasonably be used to identify an individual;
includes name, contact information, location information,
may o be considered "personal data" or "personal information" under the applicable Privacy and Data Protections Law
Privacy and Data Protection Laws
means all applicable law imposing an obligation in relation to the collection, use, disclosure, storage or transmission of personal information including the Privacy Act 1988 (Cth).
mean the services set out in clause 4
means the fee payable for the use of the Brang website/app.
mean the term of this Agreement.
- The following rules of interpretation apply unless the context requires otherwise
Headings are for convenience only and do not affect interpretation;
the singular includes the plural and conversely;
gender includes all genders;
where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
a reference to a person includes any body corporate, unincorporated body or other entity and conversely;
a reference to a clause is to a clause of this agreement;
a reference to any party to this agreement or any other agreement or document includes the party’s successors and permitted assigns;
a reference to any agreement or document is to that agreement or document as amended, notated, supplemented, varied or replaced from time to time, where applicable, in accordance with this agreement or that other agreement or document;
a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it;
a reference to dollars or $ is to Australian currency; and
a reference to conduct includes, without limitation, any omissions, statements or undertakings, whether or not in writing.
I agree to all the terms & conditions in this agreement & agree to below packages
29) Other important terms:
- Liquor License
- Liquor store will be responsible for having a validliquor license to cover for all deliveries by our Brangers from pick up to each delivery destination.
- Liquor store will be responsible for making sure that the customer is within legal age limits for liquor consumption while placing online orders.
- Brangers will be responsible for adhering to all protocols for delivering liquor.
- Pick up times will be as per the discussion with the store. Cut off time for Morning deliveries is before 3PM a day prior. And for Afternoon/Evening deliveries is before 12am a day prior.
- Any orders outside this window will be managed with our best efforts and depends on branger availability.
- All orders to be sent in the correct format.
- On no show of the customer, the orders will be left at the front door after three times of trying to contact the customer.
- All returns will be handed back to the store. A return fee on every case basis will be charged back to you, as per the applicable package for that trip
- The number of minimum deliveries covered by one Branger in a trip will be 10, provided it fits in the vehicle.
- The number of maximum deliveries covered by one Branger in a trip will be depending on how many it fits in the vehicle and Brang operations will inform you based on the route.
- Anything above 10 deliveries will be charged at $12 per delivery.
- Pick-up for each trip will always be from one single store. Multiple pick-ups will be counted as multiple trips.
- Package/Packages should be ready before the
Branger arrives.If the store is not ready with the pick-up within 15 minutes,
additional waiting charge of AUD 5 will be levied for every 5 mins.
- Brang will not be responsible for loading the goods in the vehicle, unless otherwise agreed. Waiting charges will apply as per the above after 15 mins.
- Co-branding once agreed by the customer to start after 1 week of service.
Approval Standards & Packaging Guidelines
We know you want to get your goods delivered safely to their destination in the same condition as when they were sent. When using our platform, you need to do your part by reviewing our packaging guidelines and standards - this will not only reduce the risk of damage to your goods but also minimise the risk of delay.
If you choose Brang as your delivery platform, you should note that our delivery partners (Brangers) will only deliver goods that are properly packaged to protect them against the normal risks of damage in the express courier distribution environment. This means your goods need to be packaged using boxes, cushioning, tape/sealing and labelling that is to an acceptable standard as outlined in the table below.
- You should use a new box. If you are reusing a box, it needs to be rigid and in
- Use heavy duty double-layered board wherever possible and definitely for any items weighing over 10kg.
- Goods fully enclosed in a protective packing case made of timber or aluminium is acceptable.
- An original manufacturer's box in excellent condition that was designed for the goods is acceptable.
- Brang does not accept for delivery any packages that are either a bag made of fabric/cloth or a corrugated box with punctures, tears, rips, corner damage or miscellaneous boxes from a supermarket.
- When selecting a box, consider its strength and durability for carrying the weight and size of the item.
- Select a box that is large enough to accommodate the proper thickness of the cushioning material.
- Do not overload the carton and make it too heavy. It is better to break down your consignment to two or more cartons than have one very heavy carton.
2) Internal Cushioning
- Each item inside your package needs to be wrapped in bubble wrap or foam wrap, as necessary.
- To fill any voids that may be in the box use polystyrene "peanuts" (void/loose fill) or crushed packing paper (removalist quality).
- Goods packed in foam enclosures (e.g. polystyrene) used in the original manufacturers packaging is acceptable cushioning if the original manufacturers carton is also used.
- Unacceptable cushioning material for protecting your goods includes clothing, blankets, towels, newspaper/newsprint, shredded paper and pillows.
- Items should be separated from each other, and from the corners, sides, top, and bottom of the box.
- Ensure the contents do not move when you shake the container.
If you are sending sharp edged items of any kind, ensure the edges and points are fully protected. Heavy cardboard is suitable for this.
3) Taping & Sealing
- Where the outer container is a corrugated carton the closure must be sealed with pressure-sensitive plastic packaging tape.
- You should apply three strips of packaging tape to both the top and bottom flaps of the box.
- Do not use masking tape, cellophane tape, scotch tape, sticky tape, duct tape, string, or paper over-wrap.
4) Labelling & Preparing
- Use the labels provide by Brang and tape them securely to your parcels.
- You must place the consignment note/address label on the top of the package. Do not place the label over a seam or closure or on top of sealing tape.
- You must remove or cross out old bar-coded labels and address labels on a used box.
- Any parcel with the consignment notes/address label not securely taped to the parcel, will not be accepted.
Do not consider "Fragile" and "Handle with Care" labels as a substitute for careful and proper packaging. They are a good idea for information purposes only.
- It is also recommended that you place a duplicate label or other form of identification with your phone number inside the package in the event your consignment note/address label comes off the container in transit.