Terms of Service

 Client Terms of Service

These Client Terms of Service (Terms of Service) govern your access of and use of the Services (as defined below) provided by Megacrew Deliveries Pty Ltd ABN 35 639 983 029 (Megacrew). Other terms and conditions contained in the privacy policy (Privacy Policy) and elsewhere on our Website also form part of our agreement with you.

Please carefully read these Terms of Service including the disclaimer in clause 18. By using the Website, you agree to be bound by these Terms of Service and our Privacy Policy. If you don’t agree to be boms of Service will apply from the date they are published on the Website.  Each time you use our Website you should revisit these Terms of Service.


1. Definitions & Interpretation

1.1 Definitions

In these Terms of Service unless inconsistent with the context or subject matter:

(a) Account means a Client’s online account to use our Services.

(b) Applicable Laws means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located or which in any way govern or affect the use of the Services.

(c) Client means a person who uses the Website to place orders for Goods, which are to be purchased and/or picked-up and delivered by the Megacrew Provider on their behalf.

(d) Content includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise.

(e) Goods means any goods made available to order from a Merchant.

(f) Intellectual Property means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the Website and any other platform developed by Megacrew and the source code for those systems and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms of Service.

(g) Loss means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

(h) Megacrew Provider means a provider that is engaged by Megacrew to perform the purchase and delivery of the Client’s order on their behalf.

(i) Merchant means a third party supplier of Goods.

(j) our, us and we means Megacrew.

(k) Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth)), our officers, directors, agents, and employees.

(l) Services means any services we provide to you, including the Website.

(m) State means New South Wales.

(n) Website means the website at co and crewgo.net/marketplace and its related services, products, websites, tools and applications.

(o) you and your means a Client.

1.2 Interpretation

In these Terms of Service, unless inconsistent with the context or subject matter:

(a) Headings and subheadings are for convenience only and do not affect the interpretation of these Terms of Service.

(b) References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the schedules, annexures, appendices, attachments and exhibits to, these Terms of Service.

(c) References to parties are references to the parties to these Terms of Service.

(d) References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.

(e) Words denoting the singular include the plural and words denoting the plural include the singular.

(f) Words denoting any gender include all genders.

(g) The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.

(h) A reference to a body (other than a party to these Terms of Service), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.

(i) A reference to any agreement or document (including these Terms of Service) includes any amendments to or replacements of that document.

(j) A reference to a law includes:

(i) legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;

(ii) any constitutional provision, treaty or decree;

(iii) any judgment;

(iiv) any rule or principle of common law or equity,

and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.

(k) Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.

(l) Any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.

(m) No provision of these Terms of Service will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms of Service.

(n) If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.

(o) A reference to time is a reference to time in the capital city of the state or territory of which the Client is located.

(p) A reference to a day is a reference to a day in the capital city of the state or territory of which the Client is located.

(q) A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

(r) If any act is required to be performed under these Terms of Service by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.

(s) If any act is required to be performed under these Terms of Service on or by a specified day and that day is not a business day, the act must be performed on or by the next business day.

(t) A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.

(u) Specifying anything in these Terms of Service after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.

(v) Where these Terms of Service is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney.

(w) These Terms of Service includes all schedules, annexures, appendices, attachments and exhibits to it.

(x) A reference to writing or written includes email.

(y) Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

2. Using the Megacrew Website

2.1 The Website provides a delivery and shopping platform through which Clients are able to place orders of Goods provided by Merchants, which a Megacrew Provider will purchase and/or pick-up and deliver on their behalf (subject to the other terms of these Terms of Service).

2.2 You acknowledge and agree that we do not provide such Goods nor are we responsible for the preparation, packaging or delivery of Goods that are supplied in an order. Our responsibility is limited to the Services in providing a delivery and shopping platform as outlined above. All such supply and delivery of Goods is provided by independent third parties.

2.3 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.

2.4 Subject to you complying with these terms, we will provide our Services to you as set out in these terms.

3. Your Account

3.1 In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address, a password and other personal information. You are solely responsible for maintaining the confidentiality of your login details and you are liable for all activities (such as purchases) that happen under your Account, even if you do not authorise such activities.

3.2 If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. Please contact us immediately if you believe your Account has been compromised or misused in any way.

4. Placing an order for Goods on the Website

4.1 You may place an order on the Website, by simply visiting the Website and following the prompts. The Client acknowledges that the Website provides for the purchase and/or pick-up and delivery of Goods on their behalf. Where a pick-up and deliver order is placed by the Client the terms of clause 6 will apply.

4.2 Given the nature of the Services, Clients acknowledge that any order placed on the Website is merely an offer by the Client to purchase the Goods for the price specified at the time the order is placed and will be subject to:

(a) availability and stock of the Goods requested;

(b) pricing of the Goods requested;

(c) availability of Megacrew Providers to carry out the purchase and delivery of the Goods; and

(d) the Merchant who reserves the right in its sole discretion to either accept or reject any offer made by a Megacrew Provider on behalf of a Client for any reason at any time and without notice.                        Given the above, we are not able to guarantee that the Megacrew Provider will be able to purchase and deliver the Goods requested on the Website. Where possible, you authorise the Megacrew Provider to obtain any brands available and consent to substitute items at the Megacrew Provider’s discretion. Please note that some Goods may have restrictions on quantities and stock. For the avoidance of doubt, by proceeding with an order, you accept that the order delivered may be substantially different to your order placed, and you commit to purchasing the delivery as received.  

4.3 You agree to the purchase of plastic bags to transport your items at your cost.

4.4 All orders are limited to $250 total, excluding our fees payable.

4.5 If you place and order for alcohol from a Merchant you must be aged 18 or over. By placing an order for alcohol you expressly represent and warrant that you are at least 18 years of age. Megacrew Providers may refuse to deliver any alcohol to any person who refuses to show identification.

4.6 We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason. You may not cancel your order once it is placed other than as expressly provided for in these Terms of Service.

5. Fees and Payment

5.1 By placing an order on the Website you acknowledge and agree that your use of the Services may results in charges for the Goods that you order. The fees payable for your use of the Services will be as displayed on the Website at the time you place an order. The fees applicable to your use of the Services include:

(a) Purchase Fees The purchase fees will equal the cost price of the Goods purchased by the Megacrew Provider on your behalf (as specified in the receipt).

(b) Service Fees The service fees are as set out on the Website.

5.2 By placing an order, you irrevocably authorise a Megacrew Provider to make payments on your behalf for the order and you agree to pay the expenses and fees incurred by the Megacrew Provider calculated at the time the order is finalised. We will provide you with a receipt for all third party expenses incurred.

Upon placing your order, you irrevocably authorise Megacrew to debit the purchase fees and the service fees described above from your nominated account. By placing an order you authorise Megacrew to securely keep your credit card details on file in order to process the final balance of required payment.

5.3 Prices, fees and other details are subject to change without notice. This includes for example if a Megacrew Provider finds a substitute item at a higher price.

5.4 Payment of all expenses will be made by direct debit through Stripe payment processing or through bank deposit or other means as agreed by us. If payment is to be made by direct debit, the Client must ensure that they keep their credit card details up to date at all times and must notify Megacrew in the event that the details are no longer current, and provide replacement details.

5.5 All credit card fees and surcharges incurred in purchasing items on your behalf will be on-charged to you.

5.6 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.

5.7 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees to us at the same time as paying our fees, even if such fees are not explicitly disclosed on the Website.

6. Pick-up and deliver orders

6.1 Where a pick-up and deliver order is placed the Client will be responsible to order and pay for such Goods from the Merchant. Megacrew Provider’s responsibility will be limited to the pick-up and delivery of such orders.

6.2 Only the service fees specified above will be applicable to pick-up and deliver orders, provided that you have made payment of the purchase fees (cost price of Goods) directly to the Merchant.

7. Delivery

7.1 You must ensure that you provide the Website with an accurate address and telephone number to ensure that your order arrives at the correct location.

7.2 A Megacrew Provider will endeavour to deliver your order within the timeframes as specified on the Website however we are unable to guarantee delivery within these timeframes.

7.3 Please note that all delivery times listed on the Website are an estimate time of delivery only and neither we nor the Merchant are responsible for any delays experienced or loss or damage suffered as a result.

7.4 If you are not available to take delivery of the order within a reasonable period of time being within ten minutes from the time the Megacrew Provider arrives at your address, the Megacrew Provider may at their discretion leave your address without delivering the Goods and you will be charged for the order. In that case, the Megacrew Provider may dispose of your order in its discretion.

7.5 You may choose to leave a review for the Megacrew Provider.

7.6 To the extent possible, you should sanitise the Goods prior to use.

8. Cancellation of orders

8.1 We or the Merchant may cancel an order for Goods at any time (including any orders already accepted) without any liability to you for that cancellation for any reason including, without limitation where:

(a) the Goods are not available; and/or

(b) there is an error in the description or pricing of any Goods on the Website relevant to your order.

8.2 If we do cancel your order, we will endeavour to notify you and will provide you a refund pending the outcome of an investigation into the cancellation.

8.3 You are not able to cancel any orders once they have been placed.

9. Refunds

9.1 To the extent permitted by law and except as otherwise expressly provided in these Terms of Service, no refunds of amounts paid to us will be provided.

9.2 We have no liability or obligation to you if a Merchant cancels any Goods any time after you have accepted, or if the Goods are faulty, or they fail to supply Goods to you. If you have rights to a refund under Applicable Laws, then your rights for a refund are against the Merchant and not us and you will need to manage and arrange at your own expense any refunds (we do not facilitate this).

10. Arrangements and Communications

10.1 Merchants are a third party unrelated to us. The Merchant may have its own terms and conditions that are applicable to any Goods. When you place an order for the supply of Goods, you are entering into a contract directly with the Merchant. We are not a party to any contract between you and Merchants. All contractual and payment arrangements are the sole responsibilities of the parties and not us.

10.2 We do not supply, provide, manage or control the Merchants on the Website or their Goods and are not responsible for their advertising (including contents), preparation, packaging or otherwise. The Merchant is solely responsible for supplying the Goods to you. If you have any enquiries about Goods you must contact the relevant Merchant. We take no responsibility for the quality of a Good or otherwise provided by a Merchant. All Goods are subject to availability.

10.3 The Merchant may use nuts or other food sources in preparation of certain Goods. We do not guarantee that any of the Goods are free of allergens.

11. Legal Rights of Clients

11.1 Your legal rights in connection with the Goods are against the specific Merchant that supplied the Goods and not us.

11.2 The information about Merchants and their Goods contained on the Website is provided to us by Merchants and other third parties and we cannot, and do not, guarantee the completeness, accuracy, currency or reliability of such information. You must make your own investigation in the accuracy of the information.

11.3 Megacrew takes no responsibility for the condition of delivered Goods. Clients should take care and responsibility when handling items delivered.

11.4 We reserve the right to share any information provided by a Client to us with a Megacrew Provider, and to store such any conversation between the Client with the Megacrew Provider that occurs through the Website in accordance with our Privacy Policy.

12. Prohibited use

12.1 You must not access or use the Service or Website (including submitting any content):

(a) in a way that violates these terms;

(b) for unlawful or dangerous activities or purposes;

(c) in a way that is fraudulent, inaccurate, false, misleading or deceptive;

(d) in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);

(e) in a way that is defamatory, trade libellous, unlawfully discriminatory, insulting, or otherwise objectionable, threatening or harassing and you acknowledge that we will not be liable for any defamatory, offensive or illegal content that has been submitted by you;

(f) in a way that damages the credibility of the Website or us or that creates liability for us;

(g) in an attempt to impersonate others or otherwise misrepresent your affiliation with a person or entity;

(h) to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;

(i) to distribute or post spam;

(j) in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Services;

(k) collect Merchant’s information and harass them; or

(l) in a way that violates any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).

13. Communications

13.1 You acknowledge and agrees that:

(a) you assume total risk for your use of the Services including where you are introduced to third parties, and that third party may cause harm or risk to you or third parties;

(b) Megacrew is not responsible or liable for the actions or inactions of any third party in relation to the Client;

(c) you are solely responsible to take such precautions as may be reasonable and proper regarding any acts or omissions of third parties

14. Feedback System

14.1 Each time you place an order for Goods through the Website, you may be given an opportunity to review the Merchant and/or the Megacrew Provider. Where you submit a review you grant us a worldwide, irrevocable, transferable and fully paid licence to use such review in connection with the Services alongside your name and identity.

14.2  Reviews must be honest and accurate, and not contain unlawful or objectionable content, including but not limited to, reviews containing defamatory, libellous, abusive, racially or sexually offensive or obscene language.

14.3 We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from the Website without notice in our sole discretion.

14.4 We are in no way responsible or liable for the information that is contained in the reviews and do not make any representation or warranty as to the accuracy or reliability of any information or content that is published in the review. We are under no obligation to remove any review published by you, and you agree that we are not liable under any laws (including defamation and misleading and deceptive conduct) simply through the publication of reviews on the Website. In the event that a review you have provided is in breach of these Terms of Service you agree to indemnify us for such all Losses.

15. Non-Circumvention

You acknowledge and agree that you will not contact another user of the Service directly after becoming aware of such user following use of the Website with the purpose of circumventing payment of our fees. You are strictly prohibited from directly or indirectly attempting to circumvent payment of our fees in any way.

16. Access and Termination

16.1 We reserve the right, at any time and without prior notice to remove or disable:

(a) your access to this Website or any part of it for any reason; and

(b) any Account or user that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Website or the interests of other users,

and we will not be liable to you for any Loss that you incur in the event that we do this.

16.2 You may terminate your use of the Website at any time. Where you terminate your use of the Website, you will remain liable for all fees payable for orders made prior to termination, and any fees you owe us at the date of termination will immediately become due and payable in full.

16.3 We reserve the right to withdraw, or amend, update or change the functionality or content of the Website at any time, without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period of time or if at any time any functionality of the Website is restricted.

16.4 The termination of your access to the Website is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us.

17. Intellectual Property Rights and data

17.1 Intellectual property rights

You acknowledge and agree that:

(a) we own all right, title and interest in and to the Website and the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms of Service;

(b) you consent to us transferring your data to third party IT providers, including our Website host and back-up service provider, which may be outside of Australia;

(c) you will not copy, reproduce, alter, modify, create derivative works, or publicly display our Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;

(d) we are not liable or responsible for any Loss that you may experience in submitting Content to us or for our use of your Content in accordance with the licence granted; and

(e) you must not falsely express or imply a relationship between you and us.

18. Disclaimer

18.1  You acknowledge and agree that your use of this Website and the Services is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including Goods and anything relating to Merchants). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties.

18.2 You acknowledge and agree that:

(a) we cannot guarantee continuous operation of or access to our Services, or that your use of the Services will be error free;

(b) we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not;

(c) you assume total responsibility for your use of the Website;

(d) Megacrew does not take any steps to verify the accuracy, completeness or otherwise of information or other materials provided by a Merchant and as such provides no warranty or representations of such information or other materials, this includes any nutrient values, information and serving sizes;

(e) Megacrew does not guarantee that any Goods will be safe to consume, and any consumption is at the Client’s sole risk;

(f) Megacrew does not endorse any Merchant nor do we endorse any Goods on the Website;

(g) Megacrew is not engaged in the supply of Goods and are not a party to any transaction or contract arising or entered into between Clients and Merchants. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the legality, accuracy, completeness or otherwise of:

(i) any Goods (including their existence, quality, safety, suitability or legality);

(ii) any information provided by a Merchant to you; 

(iii) the ability of the Merchant to undertake their respective obligations; or

(iiv) the fees charged by Merchants.

Because of the foregoing, in the event that you have a dispute with one or more Merchants, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

19. Limitation of Liability & Release

19.1 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms of Service to the maximum extent permitted by law.

19.2 Without limitation to clause 1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:

(a)  your use or inability to use this Website in any way;

(b) any reliance placed by you on the completeness, accuracy or existence of any Content, including but not limited to advertising or as a result of any relationship or transaction between you and any third party who is in any way associated or appears on the Website or on the Services;

(c) any Goods ordered through the Website (including without limitation the quality of the Goods);

(d) your failure to provide any truthful or accurate information; or

(e) any action taken on your Account.

You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms of Service.

19.3 You acknowledge and agree that we are not the supplier of the Goods, and that any claim that you may have against the Merchant under any guarantee at law that cannot be excluded, is solely against the Merchant and not us.

19.4 You acknowledge and agree that we are not liable for any Goods.

19.5 Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any Loss or damage or injury arising out of or in connection with these Terms of Service, including any breach by us of these Terms of Service, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms of Service in the 3-month period preceding the matter or event giving rise to the claim.

19.6 We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms of Service.

19.7 Nothing in these Terms of Service is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

19.8 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option:

(a) in the case of services, the resupply of the services or the payment of the cost of resupply; and

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.

19.9 Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms of Service, you must:

(a) use your best endeavours to recover that sum before making the claim;

(b) keep us informed of the conduct of such recovery; and

(c) reduce the amount of the claim to the extent that sums are recovered.

19.10 In this clause “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

19.11 The limitation of liability and indemnity applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.

20 Indemnity

20.1 You agree to indemnify and hold us and our Related Parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind, due to or arising out of:

(a) your breach or negligent performance of these Terms and Conditions or failure or make any payments;

(b) the Goods ordered by you;

(c) your violation of any law or the rights of a third party;

(d) your disputes with Merchants;

(e) any Loss, damage or claim made against us by a third party:

(i) for death, personal injury, illness or damage to property resulting from Goods ordered by you; or

(ii) to the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms of Service by you;

(f) any action taken on your Account; and/or

(g) otherwise arising directly or indirectly from your use of the Services.

20.2 Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.

20.3 If a payment due under this clause 20  is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.

20.4 Except where expressly stated to the contrary in these Terms of Service, the rights of a party under this clause 20are in addition to any other rights available to that party whether those rights are provided for under these Terms of Service or by law.

20.5 It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause 20.

20.6 The indemnities in this clause 20:

(a) are continuing obligations on you, independent from your other obligations under these Terms of Service and survive termination or expiry of these Terms of Service; and

(b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability

21. GST

21.1 Words used in this clause that have a defined meaning in the GST Law (as defined in the in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) have the same meaning as in the GST Law unless the context indicates otherwise.

21.2 Unless expressly stated otherwise, the consideration for any supply under or in connection with these Terms of Service is exclusive of GST.

21.3 To the extent that any supply made under or in connection with these Terms of Service is a taxable supply (other than any supply made under another agreement that contains a specific provision dealing with GST), the amount payable by the recipient is the consideration provided under these Terms of Service for that supply (unless it expressly includes GST) plus an amount (Additional Amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The recipient must pay the Additional Amount at the same time as the consideration to which it is referable, and on the issue of an invoice relating to the supply.

22. Miscellaneous

22.1 Accessing information from the Website is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.

22.2 These Terms of Service are governed by the laws of the State, and the parties submit to the jurisdiction of the Courts of the State and relevant federal/Commonwealth courts competent to hear appears from them.

22.3 These Terms of Service shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

22.4 If a clause of these Terms of Service is void or unenforceable it must be severed from these Terms of Service or read down to the extent necessary and the clauses that are not void or unenforceable shall be unaffected by the severance.

22.5 You agree that these Terms of Service and all incorporated agreements may be assigned by Megacrew in its sole discretion without notice. You may not assign these Terms of Service without obtaining Megacrew’s prior written consent.

22.6 Our failure to enforce a provision of these Terms of Service or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of Megacrew.

22.7 You agree that these Terms of Service may not be construed adversely against us solely because we prepared them. 

22.8 These Terms of Service and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof. 

22.9 Nothing in these Terms of Service or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Megacrew and you.