Online Sending - Terms & Conditions

THIS IS A BINDING AGREEMENT between Australian Postal Corporation ABN 28 864 970 579 (which we'll refer to in this document as Australia Post, we, us, or our) and any person (you or your) who registers for and/or uses our Online Sending service (as described in clause 13 below, and which we'll refer to in this document as the Service).

These Terms & Conditions will be binding on you if you register for, and/or use, the Service.

Capitalised terms used in these Terms & Conditions are defined in clause 13 below.

1. Relationship of these Terms & Conditions to other Australia Post terms

1.1 The Service operates in conjunction with other services offered and provided by us, including those referred to in clauses 5.1 and 5.2 below. These Terms & Conditions apply only in respect of the Service, and otherwise are supplementary to the Australia Post Terms and Conditions and any Additional Terms.

1.2 To the extent that, in the course of using the Service, you order or use other services offered by us, the relevant service-specific terms and conditions, such as the Australia Post Terms and Conditions, and any Additional Terms applicable to those other services, will govern the supply of those other services. To the extent of any inconsistency between:

(a) any Additional Terms applicable to those other services;
(b) the Australia Post Terms and Conditions; and
(c) these Terms & Conditions,

the terms mentioned earlier in this list will apply to the extent of that inconsistency.

1.3 Without limiting clauses 1.1 and 1.2, the conditions applying to the postal delivery services ordered by you through the Service are the relevant service-specific terms and conditions made under the Australian Postal Corporation Act 1989 (Cth), the Australia Post Terms and Conditions and other written instructions published by Australia Post from time to time, and where applicable, any Additional Terms.

2. Registration for an Account

2.1 You may be required to register for a customer account with Australia Post as part of using the Service depending on the channel through which the Service is made available (such as the Online Sending Website, via an app or another channel) (an Account).

2.2 If you register for an Account, you must complete each of the mandatory fields and provide the information specified on the relevant registration page. The information you provide must be accurate, complete and up-to-date. If any of your information changes, you will need to update your registration information.

2.3 You are solely responsible for all activities that occur through the use of your Account. This includes any transactions that are processed or conducted through your Account, whether or not they were authorised by you (except where our negligent acts or omissions have led to unauthorised access to your Account). You must keep secure, and must not share, any login details for your Account. If you become aware of any unauthorised access or use of your Account, you must let us know immediately.

3. No guarantees

3.1 You acknowledge and agree that, to the extent permitted by law, and subject to clauses 8.2 and 8.3:

(a) we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Service, or any internet service provider services, unless specifically stated otherwise;
(b) we will not be liable if the Service, or any information obtained via the Service, is inaccurate, outdated or incorrect; and
(c) we are not liable if the Service is unavailable for any reason, including as a result of:

(i) a telecommunications interruption, delay, bottleneck, failure or fault;
(ii) negligent, malicious or wilful acts or omissions by third parties (including our third party service providers);
(iii) maintenance or repairs of the systems used in connection with the provision of the Service carried out by us or any third party service provider;
(iv) any Events Beyond our Control; or
(v) services provided by third parties becoming unavailable.

3.2 You acknowledge and agree that, to the extent permitted by law, and subject to clauses 8.2 and 8.3, and the Australia Post Privacy Policy (which can be found at http://auspost.com.au/privacy.html), we make no representations, warranties or guarantees in relation to the integrity of the Data or length of time the Data will be retained by us.

4. Conditions applying to the Service

4.1 The following conditions apply to your use of the Service:

(a) Australia Post cannot provide the Service if your computer system, device or other equipment is not compatible with the software or application through which the functionality of the Service is delivered, and Australia Post accepts no liability for the consequences of the Service not being capable of being supplied for any technical reason.
(b) You must comply with all Online Sending Instructions and Procedures in the course of your use of the Service.
(c) Each Postage Label generated is for a single use. Any attempt to copy, duplicate or re-use a Postage Label with the intention of securing the provision of a postal service without due payment is prohibited, and constitutes a fundamental breach of these terms. It may also constitute an offence under the Commonwealth Criminal Code (or corresponding State or Territory legislation).
(d) You accept sole responsibility for advising accurate pick-up and delivery instructions to us through the Service. We will not be responsible or liable for any failure of, or delay in, the collection and/or delivery of any Postal Article if pick-up or delivery instructions are ambiguous, incomplete, inaccurate, or, in the case of pick-up, are not followed by you.
(e) You accept sole responsibility for assessing and advising accurate actual weights and dimensions of Postal Articles sought to be consigned through the Service. If any Postal Article consigned through the Service (whether consigned on the basis of an estimated weight calculated through the Service weight estimator function or otherwise) is found by us to have an actual weight or dimension in excess of the weight or dimension stated by you, acceptance and delivery of the Postal Article is at our sole discretion. However, if you are not registered to use the Service, we will not accept or deliver a Postal Article found to have an actual weight or dimension in excess of the weight or dimension stated by you. If, in the exercise of its discretion, Australia Post chooses to accept, carry and deliver the Postal Article, such carriage and delivery is at the rate or cost applicable to the higher actual weight or dimension of the Postal Article, and you authorise us to charge any additional costs of carriage and delivery in the manner specified in clause 7.2 below.
(f) You must properly and adequately package each Postal Article for consignment by or through us. For some products, there are Australia Post flat rate boxes and satchels available for purchase online, or you may select your own packaging. You should use postal-specific product packaging of matching size category where flat rate postage has been selected, and have regard to Australia Post's packaging guidelines. We reserve the right to decline to accept or carry any article which is, in our opinion, inadequately or inappropriately packaged.
(g) You must not, at any time, seek to use either the Service, or any Australia Post delivery service, for the consignment of any Dangerous or Prohibited Goods. It is your sole responsibility to assess whether items for consignment are, or may be, classified as Dangerous or Prohibited Goods, or are items which are prohibited or regulated goods for the purposes of the laws of the country of destination. Australia Post provides information concerning Dangerous and Prohibited goods (see, for example, the Dangerous & Prohibited items page and the Dangerous and prohibited goods packaging post guide), but Australia Post does not represent that the information supplied is complete or up-to-date, and Australia Post has no liability for any consequence of your sending, or attempting to send, any Dangerous or Prohibited goods by mail.
(h) The Service is personal to you, and any purchase of Postage Labels through the Service for sale or re-supply to any person or entity is prohibited, and constitutes a breach of these Terms & Conditions.
(i) We may, but are not obliged to, make special or preferential offers available to registered customers of the Service from time to time. If any such offers are made available they will be:

(i) subject to these Terms & Conditions;
(ii) personal to you (and strictly not for transfer or re-sale to any other person or entity); and
(iii) offered pursuant to any offer-specific terms which may be published or advised by us from time to time.

5. Delivery services

5.1 You acknowledge that the Service can only be used in respect of the following Australia Post domestic delivery services available for Postal Articles:

(a) Parcel Post service; and
(b) Express Post parcel service.

5.2 You acknowledge that not all delivery features and options otherwise offered by Australia Post are available to use with this Service at this stage. The Online Sending Website will inform you if additional features or options are available, and if so, the additional cost payable. Additional delivery service options will include:

(a) Tracking Service (including the option of tracking or tracking with signature being available but only in conjunction with the Service, and you acknowledge that total scan events captured for the Tracking Service may vary, particularly in remote locations);
(b) Signature on Delivery; and
(c) Extra Cover.

5.3 You acknowledge that any delivery timetable and/or calculators relating to the services specified at clause 5.1 which may be published (including on the Australia Post website provide Australia Post's best estimates only of the delivery time for postage services, and that those services are not guaranteed except to the extent (if any) specified in the Australia Post Terms and Conditions or where applicable, any Additional Terms.

6. Customer warranties and obligations

6.1 You warrant that any and all data and information provided by you to us in connection with the Service is, and will be, accurate, complete and up-to-date, and that in using the Service, and any postal delivery service ordered through the Service, you will comply with:

(a) all of Australia Post's directions and requirements; and
(b) all applicable laws, regulations and directions of government or governmental authorities.

6.2 You must pay to us, free of any deduction or set-off, any and all charges payable for postal and other services ordered through the Service and/or for the carriage and delivery of Postal Articles by or through Australia Post.

6.3 You agree that the lodgement of the Postal Article must be made at the closest lodgement point to the declared sender address.

6.4 We may, in our sole and absolute discretion, refuse to accept data, information, requests or instructions submitted through the Service where:

(a) in our opinion, such data, requests or instructions are illegible, incorrect, or ambiguous;
(b) payment is requested against any account with us (if this payment method is made available), and that account is inactive or overdrawn;
(c) you are otherwise in material breach of any of the terms and conditions applicable to an account or credit arrangement with us; or
(d) we have grounds for believing that your use of the Service, or request for supply of a postal delivery service is, or could be, unlawful either in Australia or in another country through which your Postal Article may transit, or to which that Postal Article may be consigned.

6.5 Without limiting any service specific terms and conditions that may apply in respect of any delivery feature or option, if you select an available delivery feature or option, these additional obligations will apply:

(a) if you are asked to provide your recipients' email address to us, by doing so, you warrant to us that you have obtained any necessary consent from your recipients and are otherwise acting in accordance with all applicable privacy legislation; and
(b) you warrant to us that the instructions provided to us accurately reflect the options selected by your recipients.

6.6 You must not:

(a) access or use the Service (including the Online Sending Website) for any purpose other than those permitted by these Terms & Conditions;
(b) remove or tamper with any copyright notices on the Online Sending Website or any other aspect of the Service;
(c) disassemble, decompile, reverse engineer or create derivative works or functionality equivalent software from the Service (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));
(d) copy or download, in a systematic manner, any content, graphics, video, text or animation from the Service, or communicate or otherwise distribute such systematically obtained content, graphics, video, text or animation;
(e) incorporate any part of the Service in any product or service to be made available commercially, or attempt to do so; or
(f) introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the Service, or in any other manner whatsoever corrupt, degrade or disrupt the Service, whether directly or indirectly.

6.7 You must not (nor permit a third party to) submit any data or information to the Service, or otherwise use the Service:

(a) to engage in any activity that breaches any law or infringes or interferes with a third party's rights;
(b) to infringe the intellectual property rights (including trade marks and copyright) of Australia Post or any third party;
(c) in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or
(d) in any way that constitutes misuse, or resale or other commercial use, of the Service or any associated materials.

7. Payment

7.1 You must pay the service fees and Charges specified by us (either on the Online Sending Website or otherwise) using an online payment channel approved by us.

7.2 By nominating or using one of the online payment channels we have approved, you authorise us to debit:

(a) your nominated account with us (where this payment method is available); or
(b) your nominated credit card (using SecurePay or other methods that may be available from time to time),
with the value of postage and other Charges applied by us in respect of the Service and the postal or delivery services applicable to the Postal Article to be delivered, and any additional charges for postage which are applicable due to the actual weight and/or dimension of the Postal Article being greater than represented by you.

7.3 Charges may be varied at any time at our discretion. Charges are GST inclusive where GST is applicable.

8. Liability limitation and exclusion

8.1 You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) 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:

(a) your access to, or use of, your Account or the Service; and
(b) any breach by you of these Terms & Conditions.

8.2 To the maximum extent permitted by law, we are not liable to you for any loss or damage of any kind including for 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 Service, or your use of the Service, whether based in contract, tort, negligence, strictly liability 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.

8.3 Where the law implies a warranty into these Terms & Conditions which may not lawfully be excluded (in particular warranties under the Competition and Consumer Act 2010) our liability for breach of such a warranty will be limited at our option, to any one or more of the following:

(a) in the case of goods, to any one of the following as we may determine: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

8.4 We will not be in default under these Terms & Conditions, or liable for failure to observe or perform in accordance with these Terms & Conditions, where such default or failure is caused by an Event Beyond our Control.

9. Termination

9.1 We may at any time, without cause, in our sole and absolute discretion, suspend or terminate either your use of the Service, or the Service in its entirety. Unless we have an entitlement to suspend or cancel transactions that have been initiated through the Service by you (such as under these Terms & Conditions, the Australian Postal Corporation Act 1989, the Australia Post Terms and Conditions, or other service-specific terms and conditions) all such transactions commenced before any account suspension or termination will be completed by us.

9.2 To the extent permitted by the law, and subject to clause 8.2 and clause 8.3, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the suspension or termination of your use of the Service, or the Service generally, irrespective of the reason or basis for the suspension or termination.

9.3 You may, at any time, without cause, terminate this agreement, by giving us notice of your election to terminate. By terminating, you will cease to have access to the Service, save that, provided that no amounts are owing by you to Australia Post in respect of your use of the Service, or any postal, delivery or other services that may be ordered through the use of the Service, any incomplete service or delivery instructions which exist at the time of any such termination will be completed and effected in full irrespective of any such termination.

10. Privacy and use of Data

10.1 You grant to us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt and communicate the Data (and all data and information comprised in the Data), and to sub-license third parties to do those things, to enable us to:

(a) operate the Service; and
(b) perform statistical and other analyses that are relevant to our business purposes.
You warrant to us that you have all rights necessary to grant us this licence.

10.2 You acknowledge that:

(a) we collect personal information (including your personal information) in order to complete your registration for the Service, to provide the Service, and to provide postal, delivery and other services and/or provide information as to how we can support you, and that, without this information, we will not be able to provide those services; and
(b) we may share your personal information with certain third parties contracted to assist in the provision or administration of our services (which may include contracted service providers located outside of Australia including Japan and the United States).

10.3 Your personal information will handled by us in accordance with Australia Post's Privacy Policy (which can be found at http://auspost.com.au/privacy.html) and will not be disclosed except as required or authorised by law, or in accordance with our Privacy Policy. Our Privacy Policy outlines how to access and/or correct your personal information or make a privacy related complaint. You may contact the Privacy Contact Officer, Australia Post, GPO Box 1777, Melbourne VIC 3001 for any privacy related queries.

11. Intellectual property rights

11.1 All intellectual property rights of any kind, whether registered or unregistered, in the Service, the Online Sending Website and any works, images, designs, software or other material appearing on, or forming part of, the Service, is the sole property of, and/or vests in Australia Post and its third party licensors. You must not reproduce or authorise the reproduction of any component of the Service without our prior written approval.

11.2 "Australia Post", "Parcel Post", and "Express Post" are trade marks of Australia Post. No licence to use any of these trade marks is given or implied. The trade marks may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as an integral part of an authorised copy of material appearing on the Service) without the prior written permission of Australia Post.

12. General

12.1 We may vary these Terms & Conditions at any time by giving notice of proposed changes through the Online Sending Website. Any use of the Service by you after any variation to the Terms & Conditions becomes effective will be deemed to constitute acceptance of those variations, and any Service supplied will be supplied on the terms and conditions as varied.

12.2 These Terms & Conditions 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.

12.3 You may not assign or transfer your rights under these Terms & Conditions, or attempt or purport to do so, without our prior written consent (which may be given or withheld in our absolute discretion).

12.4 If any provision, or part of a provision, of these Terms & Conditions is found to be illegal or unenforceable, it will be severed from the Terms & Conditions, and the remainder of the Terms & Conditions will be construed as if that provision or part did not form part of the Terms & Conditions. 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.

13. Definitions

13.1 Except where a word or phrase is expressly defined in these terms and conditions, all words and phrases will have the same meaning, if any, given to them in the Australian Postal Corporation Act 1989 (the Act) and in the Australia Post Terms and Conditions.

13.2 In these Terms & Conditions, unless the context dictates otherwise:

Account has the meaning specified in clause 2.1.

Additional Terms means any other applicable product or service-specific terms and conditions to which you have agreed to in order to obtain a product or service.

Australia Post Terms and Conditions means the Australia Post Terms and Conditions made pursuant to section 32(1)(b) of the Act, and any supplementary service terms (as amended from time to time).

Charges means the fees and charges levied by Australia Post for postal and delivery services and any other services ordered through the Service.

Dangerous or Prohibited Goods means goods which are either absolutely prohibited from carriage by post, or goods which can only be carried by post subject to certain specific conditions (such as conditions relating to licensing, special packaging and declaration of contents).

Data means information and data that you provide to us for the purpose of registering for the Service and/or to obtain services from us, and any other data that we may collect (whether as user generated information or user behaviour information).

Delivery Method means the domestic post service, which can be any of the delivery services as outlined in clause 5.1.

Event Beyond our Control means any event or circumstance which could not, with reasonable diligence, be controlled or prevented by us, including (without limitation) war, insurrection, riot, civil commotion, strikes, lock-outs, labour or industrial disputes, acts of God, acts of governments, flood, storm, tempest, power shortages or power failure, system outages or interruptions, or inability to obtain sufficient labour, raw materials, fuel or utilities.

Express Post means the Australia Post Express Post delivery service as described in the Australia Post Terms and Conditions.

Extra Cover or Extra Cover Service means the Australia Post service under which Australia Post, for a prescribed fee, agrees to compensate you if a postal article covered by Extra Cover is lost or damaged in transit subject to the terms and conditions in Schedule 1 of the Australia Post Terms and Conditions.

GST has the same meaning as defined in section 195 of the A New Tax System (Goods and Services Tax) Act 1999.

Online Sending service or Service means the service provided via the Online Sending Website or otherwise (for example, via a mobile app), which enables a person to input address and delivery details, generate Postage Labels for sending Postage Articles, effect payment for postage of Postal Articles and monitor the delivery of Postal Articles.

Online Sending Instructions and Procedures means all of our information, bulletins, user guides, manuals and other directions and instructions (however published or displayed on the Online Sending Website or any associated sites) in respect of use of the Service.

Online Sending Website means the website at www.auspost.com.au/mypost-business/send/orders or any other website at which Australia Post provides the Service.

Parcel Post means the Australia Post Parcel Post delivery service as described in the Australia Post Terms and Conditions.

Postage Label means a label either designating the value, and payment, of postage for a Postal Article consigned for delivery, or the shipping label indicating the Delivery Method, as well as the designated delivery address, generated through the use of the Service, whether printed by you or otherwise.

Postal Article means an article of a kind that, under the terms and conditions on which Australia Post supplies postal services, may be carried by post.

Signature on Delivery means a service offered by Australia Post whereby Australia Post agrees to obtain a signature from the recipient of an article on delivery subject to the terms and conditions of Schedule 30 of the Australia Post Terms and Conditions.

Tracking Service means a tracking service offered by Australia Post that notifies recipients of the delivery status of certain articles subject to the terms and conditions of Schedule 29 of the Australia Post Terms and Conditions.