Use of this Notify Organisations service application site and any other Australia Post site is subject to the Australia Post Terms and Conditions, the Australia Post Website Terms and Conditions and any terms and conditions set out below.
Confidentiality of information
You are entirely responsible for maintaining the confidentiality of the information you provide and obtain during the Notify Organisations application process, and for any and all activity that occurs as a result of your failing to keep this information secure and confidential.
You may not use anyone else's Notify Organisations application details, at anytime, without the express permission and consent of the Applicant. Australia Post cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Violation of the Terms and Conditions
You agree that Australia Post may, in its absolute discretion and without prior notice, terminate your access to the Notify Organisations service application site, or any related site, if we determine that you have violated any terms and conditions associated with use of the Notify Organisations service application site, a related site, or any other Australia Post site.
1 Introduction
1.1 These Notify Organisations service application Terms and Conditions are supplementary to the Australia Post Terms and Conditions and to the extent that any aspect of this service is not expressly included here in, the Australia Post Terms and Conditions apply.
1.2 These terms and conditions apply when:
1.2.1 a customer applies to use the Notify Organisations service; and
1.2.2 Australia Post accepts that application.
2 Interpretation
2.1 Except as where expressly defined, all words and phrases used in this agreement shall have the same meaning if any, given to them in the Australian Postal Corporation Act 1989 and in the Australia Post Terms and Conditions provided, however, that where there is any inconsistency, the meaning shall be as defined in the agreement to the extent of that inconsistency.
2.2 In these terms and conditions unless the contrary intention appears:
2.2.1 where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;
2.2.2 words importing a gender include any other gender; and
2.2.3 words in the singular number include the plural and words in the plural number include the singular.
2.3 "agreement" means an agreement between Australia Post and a customer pursuant to clause 1.2 above.
2.4 "address" means the address of the customer.
2.5 "customer" means a person who from time to time is approved by Australia Post as a customer of the service.
2.6 "organisations" includes businesses, not-for-profit organisations, government departments or instrumentalities which are named on the Notify Organisations service application site.
2.7 "service" means the Notify Organisations service provided by Australia Post, whereby Australia Post shall, upon request, supply organisations nominated by the customer, with the customer's updated address details.
3 Exclusions
3.1 Australia Post is not bound to supply organisations nominated by the customer of the customers updated address details where in the reasonable opinion of Australia Post:
3.1.1 incorrect or incomplete information has been supplied (whether intentionally or unintentionally); or
3.1.2 the service is being used in the furtherance of a criminal offence.
4 Only Customer May Apply
4.1 Only the customer entitled to receive the mail at the address to which the application relates may make a Notify Organisations service application according to this agreement.
5 Applications by Partnership, Companies etc
5.1 If the application is made on behalf of a company, partnership, sole trader, trust, government body and instrumentality, club or association, the applicant hereby warrants that he is authorised to make the application and the following procedures apply:
5.1.1 Partnerships: the application must be signed by a managing partner, or a person authorised in writing by all of the partners or the managing partner of the partnership;
5.1.2 Sole Trader: the application must be signed by the registered proprietor of the business name or a person authorised in writing by the registered proprietor and the request must be accompanied with the original or certified copy of the Business Registration Certificate;
5.1.3 Companies: the application must be signed by the company secretary or any other person authorised in writing by the company secretary and accompanied by the company seal;
5.1.4 Trusts: the application must be signed by the trustee or a person authorised in writing by the trustee;
5.1.5 Government Bodies and Instrumentalities: the application must be signed by a duly authorised person and a certified copy of the relevant authorisation must accompany the application. If the application is by a company, the common seal must be attached to the authorisation; and
5.1.6 Clubs / Associations: the application must be signed by the secretary of the club or association or a person authorised in writing by the secretary of the club or association.
6 Proof of Authority
6.1 Australia Post, may require the customer to provide such information, document or thing as Australia Post in its absolute discretion deems necessary to establish to the satisfaction of Australia Post the applicant's entitlement to make the application or to provide the warranties given by the applicant.
6.2 The provisions of this clause apply notwithstanding that the application may have already been approved.
7 Criminal Offence
7.1 The applicant acknowledges that it may be a criminal offence to:
7.1.1 intentionally or recklessly give false or misleading information; or
7.1.2 omit a material particular which may cause the information to be misleading, during the application process.
8 Limitation of Liability Release and Indemnity
8.1 Subject to clause 8.2 Australia Post shall not be liable to any person (whether in contract, tort or otherwise) for any loss or damage suffered, or that may be suffered, as a result of any act or omission, whether negligent or otherwise, by or on behalf of Australia Post in relation to the provision of the service, or any other matter or thing relating to this agreement.
8.2 To the extent permissible by law, Australia Post expressly disclaims all conditions and warranties, express or implied, in respect of the service and the carriage of letters pursuant to this agreement. Where the law precludes such exclusion and implies certain conditions and warranties into this Agreement, the liability of Australia Post for breach of such condition or warranty shall be limited, where legally permissible at the option of Australia Post, to supplying the service again.
8.3 The customer shall release and indemnify Australia Post against any loss or damage whatsoever which Australia Post may suffer as a result of any action, proceeding, claim or demand arising from the provision of the service, or any other matter or thing arising as a result of Australia Post providing the service to the customer.
8.4 Once Australia Post has supplied the relevant organisations nominated by the customer with the customer's updated address details, Australia Post has no responsibility for the use or non-use of the updated address details by the organisation.
9 Force Majeure
9.1 Australia Post shall not be in default under the terms of this agreement nor liable for failure to observe or perform in accordance with any provision of this agreement for any reason or cause which could not with reasonable diligence be controlled or prevented by it, including without limitation, war, insurrection, riot, civil commotion, strikes, lock-outs, labour or industrial disputes, acts of God, acts of Governments or flood, storm, tempest, power shortages or power failure, inability to obtain sufficient labour, raw materials, fuel or utilities. During the period of an incident or incidents of "Force Majeure" this agreement shall be suspended and delivery will recommence after the incident or incidents of "Force Majeure" end.
10 Law
10.1 This agreement is governed by, and shall be construed in accordance with the laws in force in the State of Victoria and the courts and registries of courts in that State shall have jurisdiction in the event of a dispute.
