Terms and Conditions - MyPost Digital Mailbox service

1. Acknowledgement and acceptance of terms Click to expand Click to collapse

1.1 Access to and use of the MyPost Digital Mailbox Service is provided to you subject to these Terms. By accepting these Terms during the initial online registration process and then accessing or using the MyPost Digital Mailbox Service, you agree to be bound by these Terms.

1.2 We reserve the right to amend these Terms at any time. We will notify any such changes through the Website. We will also notify you when you access the MyPost Digital Mailbox Service for the first time following a change. Your continued use of the MyPost Digital Mailbox Service following the posting and notification of changes will mean you accept and agree to the changes.

1.3 References in these Terms to "we", "us" and "our" are references to Australian Postal Corporation whose registered office is at 111 Bourke Street, Melbourne, Victoria 3000.

2. MyPost Digital Mailbox service Click to expand Click to collapse

2.1 The MyPost Digital Mailbox Service is an online personal management product that enables you to receive Mail from your selected Providers, pay bills (via the Postbillpay Service) and store documents online.

2.2 In connection with your use of the MyPost Digital Mailbox Service, we may also send you service announcements, administrative messages and other information.

2.3 We may from time to time introduce other services that form part of, or complement, the MyPost Digital Mailbox Service. Such additional services may be made available to you with or without charge. We will notify you, and obtain your consent, before providing any service that attracts an additional charge. You will be entitled to opt in to receiving any new service functionality at your discretion, and to opt out of some of these communications.

3. Registration Click to expand Click to collapse

3.1 You need to register online to be able to use the MyPost Digital Mailbox Service. To be entitled to register, you must have a physical address in Australia and an Australian mobile telephone number.

3.2 On successful registration, we will provide you with access to a digital mailbox.

3.3 You agree to provide true, accurate, current and complete information about yourself as part of your registration and to promptly update your registration information to keep it true, accurate, current and complete. If you do not keep your information current your use of the MyPost Digital Mailbox Service may be affected and you may not be able to use the MyPost Digital Mailbox Service to full advantage.

3.4 If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information may be untrue, inaccurate, not current or incomplete, we may in our sole discretion suspend or terminate your Digital Mailbox and refuse any and all current or future use of the MyPost Digital Mailbox Service (or any other service we may offer from time to time) on written notice to you.

3.5 As part of the registration process you will need to choose a unique username and password. You must not share your username and password with any other person, and you must ensure that it remains secure. Your username and password is non-transferable, and your username cannot be changed.

3.6 Whilst we may implement multi-factor authentication, it does not guarantee against unauthorised use of your Digital Mailbox. You are solely responsible for any use of the MyPost Digital Mailbox Service using your username and password, whether or not such use has been authorised by you. You agree to immediately notify us of any unauthorised use or suspected unauthorised or fraudulent use of your Digital Mailbox or any other breach of security. You must ensure that you exit from your Digital Mailbox at the end of each session.

4. Connecting and disconnecting providers Click to expand Click to collapse

4.1 By connecting to Providers you will be able to select from whom you may receive Mail from within the MyPost Digital Mailbox Service.

4.2 When you request to connect to a Provider, in addition to the information provided as part of registration, you will need to provide certain information to enable us and the Provider to authenticate and approve the connection. This information may vary between Providers. You must notify Providers of any changes to information previously provided.

4.3 Your connection to each Provider will be governed by these Terms and by the terms and conditions of the applicable Provider as notified to you when you connect to the Provider. In the event of any inconsistency between these Terms and the terms and conditions of the applicable Provider, these Terms will prevail to the extent of the inconsistency.

4.4 You will not receive Mail from a Provider via the MyPost Digital Mailbox Service until your connection has been accepted and activated by the Provider. The time for acceptance and activation may vary between Providers.

4.5 The terms and conditions of the applicable Provider will detail any changes to postal mail you previously received from the Provider following your connection to the Provider via the MyPost Digital Mailbox Service. In particular, you acknowledge and understand that, once your connection to a Provider is accepted and activated by the Provider, the Provider may cease to provide postal mail to you.

4.6 You may cancel a connection to a Provider at any time via your Digital Mailbox. On the cancellation of a Provider connection, you are responsible for making alternative arrangements with the Provider for the subsequent delivery of your Mail.

4.7 You consent to us accessing your Digital Mailbox details in order to make changes to your connection information in respect of one or more of your Providers, or to delete one or more of your connections, if requested to do so by a Provider or by you.

5. Delivery of mail Click to expand Click to collapse

5.1 Mail sent via the MyPost Digital Mailbox Service will be deemed to have been delivered, presented, received and viewed by you once it is deposited into your Digital Mailbox. You are responsible for ensuring that Mail sent to your Digital Mailbox is read and acted upon as required. If you are unable to access your Digital Mailbox on a regular basis or for an extended period of time, it is your responsibility to notify your connected Providers.

5.2 We have no control over, and do not assume any responsibility or liability in respect of, the content of Mail sent via the MyPost Digital Mailbox Service. If you disagree with the content of any Mail item, you are responsible for raising your objections with the relevant Provider.

5.3 We will implement reasonable technical measures, such as encryption using commercially available tools, to protect the security of Mail sent via and stored on the MyPost Digital Mailbox Service. However, due to technical limitations of all security measures, we cannot provide any definitive assurance regarding security of Mail sent via or stored on the MyPost Digital Mailbox Service. While we strive to protect such information, we cannot ensure or warrant the security of such information and you do so at your own risk. To the extent permitted by law, we will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information, except where such breach is caused by our gross negligence.

6. Storage limits Click to expand Click to collapse

6.1 You may receive and store an unlimited number of Mail delivered to your Digital Mailbox from a Provider. This does not include a document accessed through a link to a website contained in the Mail.

6.2 You may also upload and store Content in your Digital Mailbox. You may only upload Content in file types .jpeg, .jpg and .pdf. On registration, your Digital Mailbox will have access to an allocation of private storage for you to upload and store Content. If you reach or exceed your storage capacity, you will not be able to upload and store additional Content until you reduce your storage capacity. By uploading Content, you warrant that you are authorised to copy, upload and store the Content, and grant us the licence to such Content in accordance with clause 12 below.

7. Post Billpay service Click to expand Click to collapse

Your obligations and responsibilities

7.1 You agree that:
(a) all information you provide to us during your use of the Post Billpay service is correct to the best of your knowledge at the time you supply it; and
(b) you will only use the Postbillpay Service in accordance with these terms and for no other purpose.

7.2 It is your responsibility to ensure that sufficient credit or funds are available in the relevant Account at all relevant times to enable Payment of a Bill.

7.3 Where a Bill payment is declined by your Nominated Financial Institution for any reason your Bill payment transaction will not result in payment of your Bill and your Bill will remain unpaid. You will be responsible for any additional fees and charges levied by either your Nominated Financial Institution or the Biller as a result of non-payment.

Your authority

7.4 You agree that we may request that your Nominated Financial Institution debit your Account in order to complete the transaction and pay the Biller.

7.5 You warrant that you are entitled to use the chosen Payment Method and associated Account, and that we have been authorised by you to process the transaction.

7.6 You agree that you:

a) will supply us, upon request, with all information we reasonably require in order to enable us to provide the Post Billpay Service to you; and

b) authorise us to obtain from and provide to Billers and your Nominated Financial Institution and other third parties such information as may reasonably be required for the purpose of providing the Service, including in the resolution of any issues. You authorise the exchange of such information with these persons.

Charges

7.7 You may incur fees and/or charges imposed by a Biller at the time of making Payment, or on your next bill for payment processing costs.

7.8 If a fee and/or charge is applied at the time of making a Payment, you will be advised of this before the payment is processed and you will have the opportunity to cancel or change the payment before it is processed.

Using the Post Billpay Service

7.9 You can pay Bills via the Post Billpay Service, using your chosen Payment Method.

7.10 We will use our best endeavours to provide access to the Post Billpay Service 24 hours each day, 7 days a week. Except as provided in clause 11, we will not be liable to you for interruption of the Post Billpay Service.

7.11 You must follow the instructions on how to access and use the Post Billpay Service as advised by us from time to time. Any Payment made to a Biller by you that is facilitated by Postbillpay One-off payment will always be subject to your Nominated Financial Institution's terms, conditions and policies that govern internet banking in so far as they relate to transfers of funds from your Account. You acknowledge that payments made by this service to the Biller may be made to an account nominated by the Biller which may not be an account in the name of the Biller.

Transaction processing

7.12 Unless otherwise advised, transactions received by us before 5pm (Melbourne time) on a Business Day will be processed for payment on that Business Day. Transactions received by us after 5pm (Melbourne time) on a Business Day, or received on a day that is not a Business Day, will immediately be shown as a debit on your Account however the Payment will be processed on the next Business Day. We will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays. Transactions received on a weekend or an Australian public holiday will not be processed until the next Business Day. If in doubt, please contact your Nominated Financial Institution.

7.13 You will be provided with a Payment ID Number when your Payment has been accepted.

7.14 We will process the transaction in accordance with these Terms, however, any arrangements with or action/ inaction by your Nominated Financial Institution which, for any reason, do not result in reimbursement to us, will mean the Bill payment transaction may be stopped or reversed.

7.15 We are not responsible for the response of your Nominated Financial Institution which may result in delaying or denying a Bill payment.

7.16 Where a payment is declined by your Nominated Financial Institution it will result in your Bill remaining unpaid. In the event of a declined payment, you will be responsible for any additional fees and charges levied by either your Nominated Financial Institution or the Biller.

7.17 We are entitled to refuse to process a Bill payment request at any time, at our absolute discretion, or may require additional information from you before we process the request.

7.18 You are unable to cancel, alter or reverse a Payment that you may have made, using the Postbillpay Service. If you believe a Payment is incorrect, unauthorised or you wish to make a cancellation for any other reason, please contact us immediately. If we are unable to resolve the issue or request to cancel, alter or dispute a transaction, we will advise you in writing of the procedures for further investigation and resolution, and we may request further relevant details from you. Should we be unable to resolve the issue we may request that you contact your Nominated Financial Institution or the Biller directly.

7.19 We do not make any representation that we have the approval or an affiliation with, or any licence from or agreement with your Nominated Financial Institution to operate or make the Postbillpay Service available for use by you.

Termination

7.20 Subject to clause 15, we may terminate or suspend the Post Billpay Service, or your use of the Post Billpay Service, for any reason at any time. We will try to notify you in advance, but we are not obliged to do so. Termination of the Post Billpay Service, or your use of the Post Billpay Service, shall not relieve you of any responsibility to pay outstanding fees or charges or other liabilities incurred prior to the date of termination. After termination, you cannot make further use of the Post Billpay Service and you must make alternative payment arrangements for unpaid Bills.

Privacy and Security

7.21 Notwithstanding our efforts to ensure that the Post Billpay Service is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilising the Post Billpay Service will be secure.

7.22 We may issue instructions from time to time, intended to ensure the security of the Post Billpay Service. You agree to comply with those instructions.

7.23 You acknowledge that your personal information may need to be disclosed to Australia Post (including its subcontractors) and third parties:

a) to perform the Post Billpay Service;

b) to enforce and apply these Terms; and

c) as otherwise permitted or required by law

Please see clause 9 for more information about how we manage your personal information.

8. Your conduct Click to expand Click to collapse

8.1 You agree to not use the MyPost Digital Mailbox Service to

a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable

b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

c) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as personal information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

d) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party

e) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose

f) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

g) engage, or attempt to engage, in the practices of "screen scraping", "database scraping", "data mining" or any other activity with the purpose of obtaining lists of users or other information from the MyPost Digital Mailbox Service or use web "bots" or other similar data gathering or extraction methods, or permit or enable another party to do so

h) interfere with or disrupt the MyPost Digital Mailbox Service or servers or networks connected to the MyPost Digital Mailbox Service, or disobey any requirements, procedures, policies or regulations of networks connected to the MyPost Digital Mailbox Service, including using any device or software, or

i) intentionally or unintentionally violate any applicable local, state, national or international law

8.2 You represent and warrant to us that you have the capacity to accept and be bound by these Terms.

9. Privacy Policy Click to expand Click to collapse

You understand that by agreeing to these Terms, which include our Privacy Policy found at http://auspost.com.au/privacy.html, you consent and agree to the collection and use of certain information (including personal information) about you and your use of the MyPost Digital Mailbox Service in accordance with our Privacy Policy. Our Privacy Policy sets out how we handle and protect your information.

10. Third party content and links to other websites Click to expand Click to collapse

10.1 You acknowledge that Mail and content provided or generated by Providers, and certain other content listed on the Website, is not ours ("Third Party Content").

10.2 The Third Party Content and the layout of the Third Party Content is the sole responsibility of the third party entity that makes it available to you via the MyPost Digital Mailbox Service. While we may review Third Party Content to determine whether it is unlawful or violates our policies, we are not obliged to review, and we do not accept any liability whatsoever in connection with, the Third Party Content and we make no representations to you about its appropriateness, accuracy, currency and completeness.

10.3 All Third Party Content including referral buttons and embedded hyperlinks does not amount to a recommendation or endorsement by us or our respective directors, employees, agents or representatives.

10.4 The MyPost Digital Mailbox Service and Third Party Content may also contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under our control, and we are not responsible for the contents of any linked website or any hyperlink contained in a link to a website. We provide these hyperlinks to you for your convenience only, and the inclusion of any link does not imply any endorsement of the linked website or its contents by us. Your use of any link to another website is entirely at your own risk.

11. Your rights under the Australian Consumer Law and our liability to you Click to expand Click to collapse

11.1 For consumers, our goods and services come with non-excludable guarantees under The Australian Consumer Law ("Consumer Guarantees"), including that services will be provided with due care and skill. You are entitled, at your option, to various remedies under The Australian Consumer Law if these guarantees are not complied with, such as the resupply of services and you may also be entitled to compensation. Nothing in these Terms excludes, restricts or modifies any of the Consumer Guarantees.

11.2 Subject to clause 11.1, we make no warranty that the MyPost Digital Mailbox Service (including the Post Billpay Service) will be uninterrupted or error free. Specifically, we do not warrant that you will have continuous access to the MyPost Digital Mailbox Service, and we will not be liable in the event that the MyPost Digital Mailbox Service is unavailable to you due to computer or device downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

11.3 Information provided on the MyPost Digital Mailbox Service relating to goods and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the law of any other country.

11.4 Subject to clause 11.1, we will in no way be liable for any loss or damage, including indirect, incidental, special or consequential damages (such as damage for loss of profits, use or data) or the cost of procurement of substitute goods or services, even if we have been advised of the possibility of such loss or damage, arising or resulting from:

a) your failure to comply with these Terms;

b) your use or your inability to use the MyPost Digital Mailbox Service; or

c) any goods or services purchased or obtained or of any information provided in connection with the MyPost Digital Mailbox Service.

11.5 Where the goods or services are not being acquired for personal, domestic or household use of consumption, our liability for breach of any Consumer Guarantee is limited, at our option, to the following:

a) if the breach relates to goods

i. the replacement of the goods or supply of equivalent goods;

ii. the repair of such goods;

iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv. the payment of the cost of having the goods repaired and

b) if the breach relates to services

i. the supply of the services again; or

ii. the payment of the cost of having the services supplied again.

11.6 For all other claims or liability not related to any breach of a Consumer Guarantee, and to the extent permitted by law, we exclude all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including reputational damage, loss of goodwill and loss of business profits) however caused (including negligence) arising out of or in connection with these Terms or the MyPost Digital Mailbox Service.

12. Copyright Click to expand Click to collapse

Using the MyPost Digital Mailbox Service does not give you ownership of any intellectual property rights in the MyPost Digital Mailbox Service or the content you access. You may use the MyPost Digital Mailbox Service for your own personal use only. You retain ownership of any Content that you upload, and you may download and print the Mail. In respect of any other content that is provided by us to you in connection with the MyPost Digital Mailbox Service, you may keep a temporary copy in your computer cache to the extent required to use the MyPost Digital Mailbox Service.

You grant us a non-exclusive, irrevocable, worldwide and royalty free licence to host and reproduce your Content and Mail for the purposes of providing the MyPost Digital Mailbox Service. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on the MyPost Digital Mailbox Service may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (including all forms of communications to the public) without our prior written consent.

13. Trade marks Click to expand Click to collapse

"Australia Post", "MyPost", "MyPost Digital Mailbox", "Post Billpay" and "Life Managed" and their associated device marks are trade marks of Australia Post. All other trade marks that may be displayed in connection with the MyPost Digital Mailbox Service are trade marks of the respective owners. Nothing displayed in connection with the MyPost Digital Mailbox Service should be construed as granting any license or right of use of any trade mark.

14. Indemnity Click to expand Click to collapse

You agree to indemnify us and our directors, employees, agents and representatives from any claim or demand, including reasonable legal costs, made by any third parties against us due to or arising out of your wilful, negligent or fraudulent acts or omissions and any breach of these Terms by you, or the infringement by you of our or a third party's intellectual property rights, except to the extent that the relevant loss or damage is due to or arises out of our acts or omissions, including our breach of these Terms or other matters within our control.

15. Termination Click to expand Click to collapse

15.1 You may terminate your access to the MyPost Digital Mailbox Service by submitting a written request to us via the Contact Us form or a request to us at 13 62 45. Termination of your access to the MyPost Digital Mailbox Service will be effective within a reasonable period of your request.

15.2 We may terminate, limit your access to or suspend your Digital Mailbox and access to the MyPost Digital Mailbox Service by providing you with reasonable written notice. The grounds for such termination, limitation of access or suspension will include, but not be limited to,

a) a breach of these Terms

b) a request by law enforcement or other government agencies,

c) discontinuance or material modification to the MyPost Digital Mailbox Services (or any part thereof) or a strategic decision of Australia Post,

d) unexpected technical or security issues or problems,

e) extended periods of inactivity, and

f) engagement by you in fraudulent or illegal activities. Further, you agree that any termination, limitation of access or suspension will be made in our sole discretion and that, except as specified in clause 11, we will not be liable to you or any third party for any termination of your Digital Mailbox, any digital mail, or access to the MyPost Digital Mailbox Service.

15.3 Upon termination of your Digital Mailbox for any reason, we will (a) remove access to all or part of the offerings within the MyPost Digital Mailbox Service, (b) delete your password and all related information, files and content associated with or inside your Digital Mailbox (or any part thereof), and (c) bar further use of all or part of the MyPost Digital Mailbox Service.

15.4 Upon termination of your Digital Mailbox, you are responsible for making alternative arrangements with your Providers for the subsequent delivery of your Mail. It is your responsibility to maintain copies of Mail or Content stored in your Digital Mailbox and records of your transactions using the MyPost Digital Mailbox Service. Following termination, should you require copies of Mail stored in your Digital Mailbox, you will need to contact the relevant Provider.

16. Miscellaneous Click to expand Click to collapse

16.1 Any disputes between you and any third party, including, without limitation, any Provider, are to be resolved solely between you and that party.

16.2 These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

16.3 All rights not expressly granted in these Terms are reserved.

16.4 We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.

16.5 These Terms constitute the entire agreement and understanding between you and us and supersede any and all prior communications, representations, agreements or understandings between you and us with respect to the subject matter of these Terms.

16.6 You hereby authorise us to disclose your Mail and Content, and grant access to your Digital Mailbox, to law enforcement and government authorities and agencies in accordance with their lawful requests.

16.7 We may assign or otherwise deal with our rights and subcontract and novate our obligations under these Terms by written notice to you without your prior written consent.

17. Definitions Click to expand Click to collapse

When used in these Terms, the following words have the meanings given below.

"Account" means the account with your Nominated Financial Institution to which your Payment Method is linked and that we are authorised to debit in accordance with your instructions when performing the Post Billpay Service.

"AEST" means Australian Eastern Standard Time.

"Australia Post" means the Australian Postal Corporation, a body corporate established under the Postal Services Act 1975, the existence of which is continued by section 12 of the Australian Postal Corporation Act 1989.

"MyPost Digital Mailbox" means Australia Post (ABN 28 864 970 579).

"Bill" means an account, invoice, statement or demand for payment (however described) of a Biller delivered via the MyPost Digital Mailbox Service and payable by you via the Post Billpay Service.

"Biller" means any Provider which has agreed with Australia Post to accept Payments via the Post Billpay Service.

"Business Day" means any day, Monday to Friday on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.

"Content" means a document not delivered to your Digital Mailbox via the MyPost Digital Mailbox Service but uploaded by you into your Digital Mailbox.

"Digital Mailbox" means the electronic mail box allocated to a registered user of the MyPost Digital Mailbox Service into which Mail to the registered user is delivered.

"Mail" means any correspondence or document delivered to your Digital Mailbox from a Provider via the MyPost Digital Mailbox Service and includes a Bill.

"MyPost Digital Mailbox Service" means the MyPost Digital Mailbox Service, the functionality of which is described in clause 2 of these Terms and as modified by us from time to time, including without limitation the Website.

"Nominated Financial Institution" means the bank or financial institution or credit provider that operates the Account.

"Payment" means acceptance of a Bill payment transaction via the Post Billpay Service

"Payment ID Number" means a transaction record generated by the Post Billpay Service which indicates that a Payment transaction has been accepted for processing.

"Payment Method" means a payment method accepted by the Post Billpay Service, including but not limited to, debit cards, credit cards, or any other payment method approved by us at any time.

"Post Billpay Service" means the service provided to you to enable the Payment of Bills via Post Billpay within the MyPost Digital Mailbox Service.

"Provider" means a service provider who is a participating provider in the MyPost Digital Mailbox Service.

"States" means the States and Territories of the Commonwealth of Australia.

"Terms" means these terms and conditions, as modified or replaced from time to time.

"Website" means (https://digitalmailbox.com.au).

"You" and "your" means the user of the MyPost Digital Mailbox Service.