Consumer Terms of Use for PostPayTM

1. Introduction Click to expand Click to collapse

The Australian Postal Corporation ("Australia Post") operates the PostPayTM delivery and notification service ("PostPay")TM, accessible via the third-party merchant ("eTailer") website. By using PostPayTM, you agree to the Terms of Use as set out here.

These Terms of Use apply to any person that uses PostPayTM ("You") when purchasing items from an eTailer through PostPayTM on the eTailer's website ("eTailer's Website").

2. PostPayTM services Click to expand Click to collapse

PostPayTM combines a delivery notification service and a parcel delivery service ("the Services") when You purchase items from an eTailer using PostPayTM.

Payments made for the purchase of items from an eTailer using the Services results in the purchase amount You pay being held in an account with an authorised deposit-taking institution.

Australia Post will deliver Your items to You and, upon receiving Your confirmation of receipt (which is taken to constitute an instruction for payment to be released), will pass on your instruction to the authorised-deposit taking institution to release the purchase amount to the eTailer.

3. Eligibility Click to expand Click to collapse

PostPay'sTM services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law, or who are under the supervision of a parent or guardian who is at least 18 years of age.

You represent and warrant that You are at least 18 years old, and that all information You submit to PostPayTM is accurate and truthful.

4. Parcel Services Click to expand Click to collapse

PostPayTM is only available for deliveries within Australia.

When an eTailer posts items to You that you have purchased using the PostPayTM Service You will receive an email confirming that Australia Post has received the parcel in its network. The email will contain the parcel identification number and a link which will allow You to track the parcel.

If the parcel is addressed and delivered to a street address, You or someone who lives at the street address must sign for the items in order to claim the parcel. If there is no one at the street address you will receive a card in your letterbox informing You that the items have been taken to a nominated Australia post outlet. The parcel will need to be collected within 10 business days, after which it will be returned to the eTailer.

If the address provided is incorrect or no such person lives at the address provided, the parcel will be returned to the eTailer.

A parcel that is delivered to you using post office box services or parcel locker services needs to be collected within the prescribed number of days applicable to the relevant service, after which it will be returned to the eTailer.

5. Your Obligations Click to expand Click to collapse

When using the Services You must not:

  1. provide PostPayTM or the eTailer with false, inaccurate or misleading information;
  2. act fraudulently;
  3. breach these Terms of Use;
  4. be or act in a manner that is defamatory, unlawfully threatening or harassing; or
  5. transmit any computer viruses or malicious code (Trojan horses, worms, time bombs, cancelbots, Easter eggs) that may damage, interfere with, surreptitiously intercept or expropriate any customer data or, personal information, or may interfere in the provision of the Services;

Australia Post's failure to act with respect to a breach by You or others does not waive Australia Post's right to act with respect to that breach or subsequent or similar breaches.

6. Refused items Click to expand Click to collapse

If You refuse to sign for the items when they are delivered, the items will be returned to the eTailer.

7. Fees Click to expand Click to collapse

The eTailer may charge you a fee for the use of the PostPayTM Service.

8. Dispute Resolution Click to expand Click to collapse

Any dispute between You and Australia Post arising in connection with the Services which cannot be settled by negotiation between You and Australia Post shall be submitted to arbitration in accordance with the laws of arbitration of Victoria.

9. Website content and access Click to expand Click to collapse

Australia Post does not control the content on the eTailer's Website. You may find some content to be offensive, harmful or deceptive. By using PostPayTM, You agree to accept such risks and that Australia Post (and Australia Post's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for acts or omissions of eTailers or the content of the eTailer's Website.

Australia Post is not responsible for the availability of outside websites or resources linked to or referenced on the eTailer's Website. PostPayTM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Australia Post shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or items available on or through any such websites or resources.

Australia Post does not warrant the accuracy, reliability, adequacy or completeness of any of the eTailer's Website content. You acknowledge and accept that the eTailer's Website content may include technical inaccuracies and typographical errors. The eTailer's Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time You view it.

It is Your responsibility to enquire with the eTailer directly to ensure the accuracy and currency of the material or information You seek to rely upon. To the extent permitted by law, Australia Post disclaims all liability for loss directly or indirectly arising from Your use of or reliance on the eTailer's Website and the eTailer's Website content.

Australia Post does not guarantee that access to the eTailer's Website will be uninterrupted or that the eTailer's Website is free from viruses or anything else which may damage any computer which accesses the eTailer's Website or any data on such a computer.

10. No Warranty Click to expand Click to collapse

Australia Post does not give any express or implied warranty as to the suitability of the Services, except for those implied under the Australian Securities and Investments Commission Act 2001 (Cth) or the Competition and Consumer Act 2010 (Cth).

Australia Post will use all reasonable efforts to ensure that requests for the delivery of items to You via the PostPayTM Services are processed in a timely manner, but Australia Post makes no representations or warranties regarding the amount of time needed to complete delivery, as the Services are largely dependent upon many factors outside of Australia Post's control.

11. Intellectual property Click to expand Click to collapse

Intellectual property developed by Australia Post and used in relation to or in connection with the PostPayTM service is the exclusive property of Australia Post.

You must not copy, imitate, modify, alter, amend or use without Australia Post's prior written consent the URLs representing "PostPay"TM or all related logos or other content relating to the PostPayTM service which either are subject to copyright, trademark, or other intellectual property rights by Australia Post or Australia Post's licensors.

12. Submissions Click to expand Click to collapse

Australia Post may ask You to participate in a customer survey or focus group for the purpose of obtaining feedback on the Services. If you choose to participate, any questions, comments, suggestions, ideas or other information You provide to Australia Post in this capacity will be deemed to be non-confidential and non-proprietary. Australia Post will be entitled to use such material for any purpose without compensation to You.

13. Transfers or assignments Click to expand Click to collapse

You cannot transfer or assign any rights or obligations You may have under these Terms of Use without Australia Post's prior written consent.

14. Breach Click to expand Click to collapse

Without limiting any other remedies, Australia Post may, without notice, immediately issue You a warning, take technical and legal steps to prevent You from using the Services and/or refuse to provide Services to You if any of the following apply:

  1. Australia Post reasonably suspects You have breached these Terms of Use; or
  2. You have engaged in improper or fraudulent activity in connection with PostPayTM; or
  3. Your acts or omissions present a risk of causing damage, liability, financial loss or other loss to Australia Post.

15. Privacy Click to expand Click to collapse

Australia Post collects your personal information in order to provide you with the PostPayTM delivery notification and delivery services. Your purchase will not be able to be processed if you do not provide this information. Your personal information is managed in accordance with Australia Post's privacy policy which is available at www.auspost.com.au. Australia Post may only disclose the information provided by you if required or authorised by law, or in accordance with Australia Post's privacy policy. You may obtain access to your personal information by contacting the Privacy Contact Officer, Australia Post, GPO Box 1777, Melbourne, Vic, 3001.

16. Limitation of liability Click to expand Click to collapse

To the maximum extent permitted by law, Australia Post excludes liability for any loss or damage of any kind (including special, indirect or consequential loss however caused (including negligence) arising out of or in connection with the Services, the eTailer's Website or the use or performance of the eTailer's Website.

You agree to indemnify Australia Post and its officers, agents and employees ("Indemnified Parties") in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:

  1. Your wrongful use of the Services or the eTailer's Website;
  2. a breach of these Terms of Use by You; or
  3. a breach of any applicable law by You.

17. Legal Compliance; Taxes Click to expand Click to collapse

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of PostPayTM.

You shall be responsible for paying any and all taxes applicable to any purchases of items You make on the eTailer's Website.

18. Severance Click to expand Click to collapse

If the whole or any part of a provision of these Terms of Use is void, illegal or unenforceable, the provision or part thereof may be severed from these Terms of Use. To the extent possible, and unless the severance alters the basic nature of the Services or these Terms of Use or renders the Terms of Use contrary to public policy, the remaining provisions of these Terms of Use will continue in full force and effect.

19. Variation Click to expand Click to collapse

Your use of the PostPayTM Services constitutes acceptance of these Terms of Use.

Australia Post may vary these Terms of Use at any time, however any such variations will not apply to a performance of the PostPayTM delivery and notification service that has commenced, but that has not yet been completed, at the time the variation takes effect.

20. Jurisdiction Click to expand Click to collapse

These Terms of Use are governed by and construed in accordance with the State of Victoria, Australia.

In the event that a dispute arises in relation to these Terms of Use, You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

21. Queries Click to expand Click to collapse

For PostPayTM support or a product query please contact the eTailer directly.

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