In these terms and conditions, “we” “us” and “our” refers to MyImpex, registered as Usha Trading Pty Ltd ABN 75 659 396 095. Your access to and use of all information on this website including booking/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

1. Our Website Services

All service charges are quoted in Australian Dollars (AUD) and exclusive of GST. Pricing for each service will be advised individually at the time of enquiry or booking. We reserve the right to adjust our pricing at any time, and prices are only confirmed once a booking is accepted. Service availability is subject to our capacity at the time of your request, and we make no guarantee of booking fulfilment until your booking is formally confirmed.

2. Service Descriptions

We strive to ensure that our services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Images have been provided for illustrative purposes only and we do not guarantee that given image will reflect or portray the full service or options relating to that service.

3. Services Bookings

Our services are available to adults over the age of eighteen (18) years. By proceeding to book through our website or email, you acknowledge that you are over 18 years of age.

We endeavour to ensure that our services list is current however we give no undertaking as to the availability of any service advertised on our website.

4. Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

5. Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

6. Intellectual Property Rights

The content on this website, including applets, graphics, images, layouts, and text, is either owned by us or used under license where possible. Some images and content may be generated by artificial intelligence or sourced from online platforms. We make reasonable efforts to ensure that content is not subject to copyright infringement, but due to the nature of AI-generated and externally sourced materials, we cannot guarantee this in every instance. If you believe any material on this website infringes your copyright, please contact us and we will promptly review and address your concerns.​

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

7. Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

The Client acknowledges and agrees that MyImpex acts solely as an arranger/agent. MyImpex does not, at any time, take possession, custody or control of goods or cargo and disclaims any liability for loss or damage to goods in transit. Claims for loss or damage to goods must be made against the carrier or forwarder responsible for carriage.

8. Indemnity

You agree to indemnify MyImpex/Usha Trading Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• • All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content.
  • Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • Any indemnity given to MyImpex by the Client does not require MyImpex to waive, compromise or limit any right of recovery (including insurers’ rights of subrogation).
  • Clients must ensure any freight forwarder, carrier or third party engaged to handle goods carries and maintains appropriate cargo and liability insurance and will indemnify and hold harmless MyImpex where loss results from their acts or omissions. Clients agree to provide proof of such insurance upon request.
  • Any breach of the Terms.

9. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• • All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

• • MyImpex will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

• • Use of the Website and the Services is at your own Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of MyImpex make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of MyImpex) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  • Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.

• • The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website)

• • Costs incurred as a result of you using the Website, the Services or any of the products of MyImpex, and
  • The Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

• MyImpex’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that MyImpex, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

• To the maximum extent permitted by law, MyImpex’s total liability arising from or in connection with the Services is limited to the greater of:
  • 1. the amount recoverable under MyImpex’s professional indemnity insurance or
    2. the resupply of the affected services.
• The Client must notify MyImpex promptly of any event or circumstance that may give rise to a claim and must fully cooperate with MyImpex and its insurers in relation to any claim.

11. Force Majeure

If a Force Majeure event causing delay continues for more than 14 days, we may terminate this Agreement by giving at least 7 days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

12. Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions, and the remaining provisions will remain in full force and effect.

13. Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this agreement depends on the Personal Data we collect and the specific context in which we collect it.

We may process your Personal Data because:

• • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests, and it’s not overridden by your rights
  • To comply with the law

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

• • If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
  • If you wish to be informed what Personal Data, we hold about you and if you want it to be removed from our systems, please contact us.
  • In certain circumstances, you have the following data protection rights:
  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).