Privacy Policy

1. Collection of Personal Information

Mega Global Distributions collects personal information solely when it is necessary to perform one or more of its functions or activities. "Collect" refers to gathering, acquiring, or obtaining information by any means in circumstances where the individual is identifiable or identified.

The primary purposes for which we collect personal information include:

Supplying customers with the products and services they have ordered from us and our related companies.
Secondary purposes related to the primary purpose, such as billing and account management.

We will not collect sensitive information from individuals without their consent and only where it is necessary for Mega Global Distributions to collect such information for an activity or function.

2. Use of Personal Information

Mega Global Distributions uses personal information primarily for the purposes listed above. We will obtain an individual's consent for the use of non-sensitive personal information for secondary purposes at the time of collection, unless the use is a related secondary purpose which would be within the individual's reasonable expectations.

If we rely on the direct marketing exception to direct market to individuals, we will ensure that:

The individual is clearly notified of their right to opt out from further direct marketing; and
If the individual opts out of all direct marketing, the opt-out will be respected by Mega Global Distributions.

We will not use sensitive information for direct marketing. Mega Global Distributions will not use personal information without taking reasonable steps to ensure that the information is accurate, complete, and up to date.

3. Disclosure of Personal Information

Mega Global Distributions may disclose personal information to unrelated third parties to enable outsourcing of functions (such as billing, customer relationship management, and order fulfillment), where that is disclosure or use for a related secondary purpose and has been notified to individuals or where such disclosure is within the individual's reasonable expectations.

We will take reasonable steps to ensure that our contracts with third parties include requirements for third parties to comply with the use and disclosure requirements of the Privacy Act.

Mega Global Distributions may disclose personal information to law enforcement agencies, government agencies, courts, or external advisers where permitted or required by law.

Terms of Service

(Effective as of 01 Jan 2015)

General Terms

(a) These terms, the application form, and any other terms accepted by the Customer govern the relationship between the Company and the Customer regarding the provision of services and constitute the agreement between the parties.

(b) The Company is not a common carrier and accepts no liability as such.

Definitions and Interpretation

(a) In case of inconsistency between these terms, the completed application form, and any other documents, these terms shall prevail over the application form, and both shall prevail over any other document.

(b) Capitalised terms used herein are defined as follows:

Company means Mega Global Distributions.
Customer refers to the individual hiring the Company’s services, any associated business entity listed on the application form, and any other trading entity operated subsequently by that individual. If multiple individuals are involved, references to the Customer include them jointly and severally.
Goods means any goods or property belonging to the Customer or a third party that are the subject of a transaction with the Company.
Services refer to the services agreed to be provided by the Company, which may include packing, warehousing, transport, insurance, and other ancillary services.
Third Party includes any person acting as agent, consignee, contractor, or subcontractor for the Customer (excluding the Company), any person on whose behalf the Customer acts (whether as agent or not), and any owner, interested party, or authorised handler of the Goods.

Instructions

The Company may, at its sole discretion, comply with any instructions from the Customer and may act as the Customer’s agent or as an independent contractor. The Company may determine the route, method, and procedure for handling and transporting the Goods and may deviate from express instructions if deemed necessary or desirable for the Customer’s benefit, without incurring liability.

Subcontracting

The Company may use employees, agents, or subcontractors on such terms as it sees fit. By engaging the Company, the Customer accepts the terms and conditions of any subcontractor used and indemnifies the Company for any claims arising from such engagement. The Company holds the benefits of these terms on behalf of itself and all such subcontractors, who shall be considered parties to this agreement for the purpose of these protections.

Authority

The Customer warrants that they are the owner of the Goods or have authority from the owner to act as described in these terms. By engaging the Company, the Customer accepts these terms on behalf of all interested parties.

Packaging

Unless the Company is expressly instructed in writing to package the Goods, the Customer warrants that all Goods have been properly prepared and packaged appropriate to their nature and in accordance with general packaging standards.

Commissions

The Company is entitled to retain any brokerage, commission, allowance, or other remuneration paid or retained by shipping or freight agents or insurance brokers.

Quotations

Quotations are estimates only and not offers or guarantees of total cost. Quotes are subject to immediate acceptance and may be withdrawn before confirmation. Any changes in tariffs, freight, storage, insurance, or other fees may lead to adjustments to the quote, with or without notice.

Indemnity

Subject to these terms, the Customer shall indemnify the Company for all liabilities, losses, damages, costs, or expenses incurred due to:

(a) The Customer’s failure to:

(i) Properly package goods or affix appropriate safety markings,
(ii) Comply with labelling laws,
(iii) Warn others of hazards related to the Goods,
(iv) Comply with any laws or regulations applicable to the Goods;

(b) Following the Customer’s instructions;

(c) Claims made by third parties (employees, agents, subcontractors, carriers, warehousemen, etc.) as a result of the Customer’s actions;

(d) Any negligent, reckless, or intentional act or omission by the Customer.

Taxes and Fines

(a) Regardless of quoted amounts, the Customer is jointly and severally liable for all duties, taxes, fines, deposits, or expenses imposed by any authority or resulting from service provision, and must indemnify the Company against third-party claims.
(b) Unless otherwise stated, all prices quoted or provided (including in the application form) exclude GST and other applicable taxes. These must be added to the quoted prices.

Payment Responsibility

If the Customer instructs the Company to collect charges from a consignee or other party who then fails to pay, the Customer remains liable. The Company only assumes reasonable care when accepting cash-on-delivery instructions.

Invoicing

(a) The Company may invoice the Customer upon receipt of Goods. Charges (including demurrage) are non-refundable, even if cargo is lost or a voyage/flight is cancelled.
(b) Invoices are due within 14 days of issue. Timely payment is critical.
(c) If a voyage or flight is interrupted or abandoned, forwarding of Goods is at the Customer’s risk and expense.
(d) Charges must be paid in full in the destination country’s currency or as the Company chooses, using the applicable TT selling rate.
(e) Late payments incur interest at 0.085% per month, billed monthly.

Customer Credit

(a) The Company may refuse services if it reasonably believes the Customer’s financial position is insufficient.
(b) The Company may request financial security such as prepayment, guarantees, deposits, or other reasonable forms.

Misstated Weight/Value

If shipment details are incorrect, the Company may inspect the Goods and re-calculate charges. If incorrect, the Customer agrees to pay the lesser of five times the difference between correct and paid charges, or twice the correct charges minus paid charges, as liquidated damages.

Insurance

The Company only arranges insurance upon written instructions, including declared value, risks, insured party, and other details. Insurance is subject to insurer terms. The Customer is responsible for ensuring adequate coverage. The Company bears no liability for insurance, even if premiums differ.

Liability

Unless expressly stated:
(a) The Company gives no warranties or guarantees;
(b) The Company disclaims liability for losses to the fullest extent permitted by law.

These terms are governed by applicable state, territory, and federal laws, including the Competition and Consumer Act 2010 (CCA) and the Australian Consumer Law (ACL), where applicable. To the extent permissible, liability is limited to:

(a) For goods: replacement, repair, or equivalent cost;

(b) For services: re-supply or equivalent cost.

Additional Liability Exclusions

Except as provided in section 16, the Company is not liable for:

(a) Loss or damage to Goods;

(b) Delays or failure to deliver;

(d) Failure to follow instructions (even if negligent or willful);

(e) Issues due to marks, labels, or description of Goods.

Declarations of Liability

Except under section 16, the Company is not liable for losses from statements regarding classification, duties, or tax rates, whether made negligently or otherwise.

Force Majeure

The Company is not liable for failure to perform due to causes beyond its control (e.g., strikes, war, natural disasters, orders from authorities). In such cases, services may be delayed or cancelled.

Time Limits

Under section 16, the Company is not liable unless legal proceedings are initiated and written notice given within six months of the expected delivery date. If inconsistent with a convention or law, the shorter time applies.

Tariff and Liability Limits

(a) For sea freight, unless otherwise instructed in writing, carriers shall not declare value on the bill of lading to increase liability under the Carriage of Goods by Sea Act 1991.
(b) For air freight, unless instructed otherwise in writing, no increased liability shall be declared under the Civil Aviation (Carrier's Liability) Act 1959.
(c) For other modes, no value will be declared to increase liability unless specifically instructed.

Delivery of Goods

Delivery to a Company-approved location constitutes delivery to the Company. Delivery by the Company to a Customer-designated location (regardless of receipt) constitutes delivery. The Company is not liable for non-delivery if insufficient details are provided. Claims for loss/damage must be in writing before or upon removal of goods, or within three days if not obvious.

Sale of Perishable Goods

(a) Perishable items not promptly collected, improperly marked, or unidentifiable may be sold or disposed of without notice. Net proceeds after costs count as delivery.
(b) The Customer acknowledges that services related to uncollected goods are subject to the Uncollected Goods Act 1961.

Lien on Goods

Under law, the Company has a specific and general lien on all goods and documents for unpaid charges. If unpaid after one calendar month from notice, the Company may sell the goods to recover the amount due.

Sale of Non-Perishable Goods

Beyond uncollected goods law, non-perishable items undeliverable due to bad address or refusal may be sold or returned 21 days after notice is sent to the address provided. The Customer bears all costs. Notice from any Company agent is deemed sufficient proof of non-delivery.