1.1 The StarTrack Shop website (StarTrack Shop) is owned and operated by StarTrack Express Pty Ltd (ABN 44001 227 890 (StarTrack) and may be accessed via your AP User Account.
1.2 The StarTrack Shop is only available for use by StarTrack customers who have a registered StarTrack account (StarTrack Account) and valid Services Agreement (Customer), as described and governed by the StarTrack service terms and conditions available at https://startrack.com.au/terms-and-conditions.
1.3 Access to and placing orders on the StarTrack Shop is provided to you (both in your individual capacity, and also for and on behalf of the Customer) subject to these terms and conditions (StarTrack Shop Terms). By using the StarTrack Shop or ordering a product via the StarTrack Shop (Order), you agree to be bound by these StarTrack Shop Terms.
1.4 By accessing or using the StarTrack Shop on behalf of the Customer you warrant that:
a) you are entitled and authorised to use the StarTrack Shop and to place Orders on behalf of the Customer; and
b) your use of the StarTrack Shop and any Orders placed are required for the Customer’s business or commercial purposes and will not be used for personal, domestic or household purposes.
1.5 StarTrack reserves the right to amend the StarTrack Shop Terms from time to time as made available on the StarTrack Shop. Your continued use of the StarTrack Shop will constitute acceptance that you are bound by the StarTrack Shop Terms as amended.
2.1 Your use of the StarTrack Shop is conditional upon the Customer having a valid StarTrack Account at the time of Order.
2.2 When you place an Order, you will receive from StarTrack an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order.
2.3 A contract between us for the purchase of the products will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order.
2.4 StarTrack reserves the right to reject an Order for any reason, including where StarTrack believes the Order is unacceptable or cannot be fulfilled. This includes (but is not limited to) where your order does not meet the requirements of these StarTrack Shop Terms or any other terms you have agreed with StarTrack (including the Services Agreement).
3.1 StarTrack will endeavour to supply all items publicised in the StarTrack Shop. Products will be removed from the StarTrack Shop as soon as StarTrack becomes aware that those items are no longer available. There may be occasions when:
c) all or part of your Order cannot be fulfilled immediately; or
d) all or part of your Order cannot be fulfilled at all.
3.2 Where part of an order cannot be fulfilled immediately, the part that can be fulfilled will be dispatched as soon as possible. Where part of your order cannot be fulfilled at all you will be advised as soon as possible by email.
3.3 Where a product becomes unavailable, but that item is ordered by you before StarTrack has withdrawn that item from the StarTrack Shop, you will be advised by email that StarTrack cannot fulfil your Order.
4.1 StarTrack reserves the right to impose a maximum spend threshold on the amount or value of Orders that may be placed on the StarTrack Shop.
5.1 The price of products is the price displayed on the StarTrack Shop at the date of Order or such other price that we may agree in writing.
5.2 All prices are inclusive of Australian Goods and Services Tax (GST) where applicable unless expressed otherwise.
5.3 Payments must be made in accordance with the payment terms set out in your Services Agreement.
6.1 Risk in the products will pass to the Customer upon delivery.
6.2 Title to the products remains with StarTrack unless and until all amounts payable to StarTrack by the Customer under this agreement have been paid and received in full.
7.1 StarTrack will endeavour to dispatch an Order to the delivery address requested by you within the time estimated by StarTrack at the time of your Order or otherwise within a reasonable time. Items may be delivered individually and/or separately where they are fulfilled from different locations or directly from a StarTrack supplier.
7.2 Other than as required by a law that StarTrack cannot exclude by agreement, StarTrack does not accept any liability for any loss that you may incur arising from any delay in the delivery of your Order, nor as a result of any non-delivery or mis-delivery of your Order.
7.3 The Customer must inspect the products on delivery. Any claims for Order shortages or incorrectly supplied products should be notified to Startrack by calling 13 23 45 within seven (7) days of delivery.
8.1 StarTrack does not accept ‘change of mind’ returns or exchanges.
8.2 If any products purchased from the StarTrack Shop are:
a) faulty;
b) incorrectly described;
c) different from a sample shown;
d) not able to do what we said they would do; or
e) not of an acceptable quality,
please contact StarTrack as soon as possible by calling 13 23 45 so StarTrack can assess whether the Customer is eligible for a return, replacement or refund. Any requests must be accompanied by proof of purchase.
8.3 StarTrack reserves the right not to offer a return, replacement or refund where the fault is a result of any misuse, or the products are damaged after delivery.
8.4 Nothing in these StarTrack Shop Terms limits any rights or remedies you may have under the Australian Consumer Law.
When you interact with the StarTrack Shop, we may ask for your personal information. Your information is handled in accordance with the Australia Post Group Privacy Statement, which outlines how you can access your personal information, or make a privacy related complaint. For more information visit our Privacy page.
10.1 To the maximum extent permitted by law (including the Australian Consumer Law):
a) StarTrack disclaims all conditions, guarantees and warranties (express, implied or statutory) in respect of the information and applications contained on the StarTrack Shop, your use of the StarTrack Shop and any goods or services sold via the StarTrack Shop; and
b) StarTrack (including its contractors and agents) disclaims liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with this agreement, or the use, performance, availability or unavailability of the StarTrack Shop or the goods or services, whether in contract, at common law or in equity, or on any other basis, except to the extent that the damage is directly caused by the fraud, gross negligence or wilful misconduct of StarTrack.
10.2 If StarTrack becomes liable for any breach of any guarantee, condition or warranty, StarTrack’s liability for breach of any guarantee, condition or warranty shall be limited, to the extent permitted by any applicable law and providing it is reasonable for StarTrack to do so, to the replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired.
11.1 The materials displayed on the StarTrack Shop or associated websites, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of StarTrack (or its related bodies corporate) and are protected by copyright, trademark and other intellectual property laws. StarTrack does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of StarTrack.
12.1 The StarTrack Shop (or any associated website) may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, StarTrack does not control, endorse, sponsor or approve any such third-party websites or their content nor does StarTrack provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
13.1 These StarTrack Shop Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia.
13.2 If any provision of these StarTrack Shop Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the StarTrack Shop Terms which will continue in full force and effect.