Australia Post for Small Business (MyPost) app

End User Licence Terms

The Australia Post for Small Business app End Use Licence Terms govern the downloading, licensing and use of the Small Business app. By downloading, and using, the Small Business app, you accept and agree to be bound, and abide, by these terms.

1. Rights to use app Click to expand Click to collapse

(a) The Small Business app is licensed and not sold to you. Your use of the Small Business app is subject to these End Use Licence Terms, which constitute 'Additional Terms' (as defined in the MyPost Account Terms of Use).

(b) Australia Post grants to you a non-exclusive, non-transferable and personal licence to use an Authorised Version of the Small Business app on each compatible device, which you own, lease or otherwise control. You must ensure that you use only an Authorised Version of the Small Business app on each such device.

(c) You must not:

  • (i) rent, lease, lend, sell, redistribute or sublicense the Small Business app;
  • (ii) decompile, reverse engineer, disassemble or attempt to derive the source code of the Small Business app unless permitted by law, and then only to the extent so permitted; or
  • (iii) modify or adapt the Small Business app, or develop any derivative software or work based on it.

(d) You are licensed to use the Small Business app for the purposes of or in connection with your use of Australia Post products or services. Despite the previous sentence, you must not use the Small Business app:

  • (i) to commit, or facilitate the commitment of, any crime, or for any other unlawful purpose; or
  • (ii) in a manner that breaches your obligations under the Spam Act 2003 (Cth).

(e) Where you use the Small Business app, you must comply with all instructions and procedures that form part of the Small Business app, and must supply all of the information and data requested by the Small Business app. Without limiting the previous sentence, you acknowledge that Australia Post will not be responsible or liable for the Small Business app not delivering or providing any given functionality or information, or not procuring a particular outcome or result, to the extent that you have not:

  • (i) complied with such instructions and procedures; or
  • (ii) supplied all requested information or data.

2. Data Click to expand Click to collapse

(a) You warrant, and will ensure throughout the term of your licence to use the Small Business app, that all Customer Data you provide or upload in the course of:

  • (i) registering an account to use Small Business app; or
  • (ii) your use of the Small Business app,

is accurate and complete, both as at the time it is provided or uploaded and subsequently, and that you are authorised, and have obtained all required consents from third parties, to provide that Customer Data. Australia Post will not be responsible or liable for:

  • (iii) the Small Business app not delivering or providing any given functionality or information, or not procuring a particular outcome or result; or
  • (iv) any failure by Australia Post to provide a given Service,

to the extent that you breach this warranty, or fail to ensure that Customer Data provided or uploaded is accurate and complete.

(b) You license and authorise Australia Post to use or modify any Customer Data for the purposes of providing Services to you.

(c) You agree that Australia Post may collect and use technical data and related information, which Australia Post may gather periodically, to facilitate the provision of software updates, product support and other services to you, which are related to the Small Business app. Australia Post may, to the extent permitted by law, use this information to improve its provision of Services to you.

(d) Australia Post will comply with its Privacy Policy in respect of all Customer Data it collects as a result of your use of the Small Business app. You acknowledge that Australia Post may share Customer Data with certain third parties contracted by it to assist in the administration and management of the Small Business app or provision of Services. This may include contracted service provides outside Australia, including in Japan and the United States of America.

3. Access to Services, third party materials and sites Click to expand Click to collapse

(a) The Small Business app enables you to obtain certain information about Services being provided by Australia Post, and to supply that information to your customers, but you acknowledge that the provision of Services by Australia Post is governed by, and are subject to, the Australia Post Terms and Conditions and/or the MyPost Account Terms of Use, and not these End User Licence Terms.

(b) Through the use of the Small Business app you may access Third Party Materials, or links to third party websites. You acknowledge and agree that Australia Post is not responsible for examining or evaluating any aspect of the Third Party Materials (including, without limitation, their accuracy, suitability for any given purpose or quality), and does not endorse, or assume any liability, for such Third Party Materials or your access to, or use, of them.

4. Intellectual Property Rights Click to expand Click to collapse

Without limiting clause 1 of these End User Licence Terms, all Intellectual Property Rights subsisting in the Small Business app are, and remain, the property of Australia Post and its third party licensors. Except for the rights granted to you under these End User Licence Terms, you acquire or obtain no interest in the Small Business app.

5. Warranties Click to expand Click to collapse

(a) You agree that your use of the Small Business app is entirely at your own risk. The Small Business app is made available by Australia Post 'as is' and without any representations from Australia Post that the Small Business app is free of faults, or that the Small Business app is suitable for any particular purpose or will meet your particular requirements, or that it is of merchantable quality, or that any content accessible through the Small Business app is accurate or current at a given time. Australia Post does not warrant that your use of the Small Business app will not infringe the Intellectual Property Rights of any third party.

(b) You agree that Australia Post makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Small Business app. Australia Post will not be liable to you if the Small Business app, or any information obtained from, or in relation to it, is inaccurate, outdated or incorrect, or the Small Business app is unavailable for any reason, including, as a result of:

  • (i) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  • (ii) negligent, malicious or deliberate acts or omissions of third parties (including Australia Post's own third party service providers);
  • (iii) maintenance carried out by Australia Post or its third party service providers in respect of the Small Business app or any systems that interoperate with the Small Business app;
  • (iv) any events beyond Australia Post's control; or
  • (v) services provided by third parties becoming unavailable.

(c) The above provisions do not limit or exclude your rights under the Australian Consumer Law.

6. Liability Click to expand Click to collapse

(a) You indemnify Australia Post (and all of its subsidiaries, officers and employees) and will keep them indemnified against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages, arising from any claim by a third party arising directly or indirectly out of or in connection with:

  • (i) your use of the Small Business app; or
  • (ii) any breach by you of these End User Licence Terms.

(b) To the maximum extent permitted by law, Australia Post is not liable to you for any loss or damage of any kind including any loss of revenue or profits, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss of data, loss of use of data, failure to realise an anticipated benefit or saving, business interruption or any indirect, consequential, special or punitive loss, damage, cost or expense or other claims for compensation, incurred by you arising out of, or connected with the Small Business app, or your use of the Small Business app, whether based in contract, tort, negligence, or otherwise, and even if you have been advised of the possibility of such loss, damage, cost or expense. This paragraph does not limit or exclude your rights under the Australian Consumer Law outlined below.

(c) Under the Australian Consumer Law, you may have certain rights and remedies as a consumer that cannot be excluded, restricted or modified by contract. Despite any other provision, nothing in these End User Licence Terms operates to exclude, restrict or modify the application of the guarantees that are made available to consumers under the Australian Consumer Law, or any right or remedy, or imposition of liability, that may arise as a result of the Australian Consumer Law, where to do so would either contravene the Australian Consumer Law or cause any provision of these End User Licence Terms to be void. Where, in relation to Australia Post's supply of the Small Business app, or your use of the Small Business app, Australia Post has breached or failed to comply with any of the consumer guarantees prescribed under the Australian Consumer Law, Australia Post's liability will be limited:

  • (i) in the case of the supply of any goods, the replacement of those goods or the supply of equivalent goods, 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; and
  • (ii) in the case of the supply of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

7. Duration, termination Click to expand Click to collapse

(a) The licence, and your rights to use the Small Business app, will terminate automatically, without notice from Australia Post, if you breach or fail to comply with any of the terms of these End User Licence Terms. The licence will otherwise remain in force until it is terminated by you, or by Australia Post. Australia Post may, by an email, to the address you nominate as part of your registration to use the Small Business app, terminate the licence at any time.

(b) On termination of the licence, irrespective of the circumstances of the termination, you must cease all use of the Small Business app, and procure that copies of the Small Business app are removed from all devices which you own, lease or otherwise control.

8. Miscellaneous Click to expand Click to collapse

(a) Neither party will be liable to the other for any failure to fulfil, nor delay in fulfilling, its obligations caused by circumstances outside its reasonable control.

(b) These End User Licence Terms are governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State.

(c) If any provision, or part of a provision, of these End User Licence Terms is found to be illegal or unenforceable, it will be severed from the agreement, and the remainder of the terms will be construed as if that provision or part did not form part of the End User Licence Terms. The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between the parties.

(d) Australia Post may from time to time, revise or amend these End User Licence Terms, and will notify you, via an email to the address you nominate as part of your registration to use the Small Business app, of such revision or amendment. Your continued use of the Small Business app following receipt of that email will mean that you agree to, and are bound by, such revision or amendment. If you do not agree to such revision or amendment, you must cease all use of the Small Business app, and procure that copies of the Small Business app are removed from all devices which you own, lease or control.

(e) These End User Licence Terms are the entire agreement between you and Australia Post in relation to the Small Business app, and supersede all previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or some other format).

9. Defined terms Click to expand Click to collapse

In these End User Licence Terms:

(a) Australia Post means the Australian Postal Corporation.

(b) Australia Post Terms and Conditions means the Australia Post Terms and Conditions made pursuant to section 32(1)(b) of the Australian Postal Corporation Act 1989.

(c) Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.

(d) Authorised Version means a version of the Small Business app downloaded from a distributor authorised from time to time by Australia Post to distribute the Small Business app.

(e) Customer Data means information and data, including information and data with respect to third parties, such as your customers and addressees, that you provide to us for the purpose of registering to use the Small Business app and/or to obtain Services from Australia Post.

(f) Intellectual Property Rights means all intellectual property rights, including patents, copyright, rights in circuit layouts, registered and unregistered designs, moral rights, registered and unregistered trade marks, service marks, trade names and any right to have confidential information kept confidential (together with any application or right to apply for registration of any of the rights referred to in this paragraph.

(g) MyPost Account Terms of Use means the "MyPost Account - terms of use".

(h) Privacy Policy means Australia Post's Privacy Policy at www.auspost.com.au/privacy.

(i) Service means any postal, parcel delivery or collection, or other services provided by Australia Post from time to time, whether under the MyPost Account Terms of Use or the Australia Post Terms and Conditions.

(j) Small Business app means the application known as "Australia Post for Small Business app", and includes all updates and modifications made available by Australia Post from time to time.

(k) Third Party Materials means content, data, information, web sites, applications or other materials of or from third parties.

(l) you or your is a reference to any person who downloads and/or uses a copy of the Small Business app, and where that person is a corporation, trust or other entity, includes the employees, officers, agents or contractors of that corporation, trust or other entity.