1. Introduction Click to expand Click to collapse
2. Australia Post Postcards Click to expand Click to collapse
Australia Post Postcards enables Users to create a customised electronic version of a postcard by uploading a personal photograph or image from a device and creating a message for inclusion on the postcard. Following receipt of payment, a hard copy version of the postcard will be created and then sent to the recipient identified at the address provided by the User.
Australia Post has no control over the information, data or image(s) provided by the User, including the address, message content and any image(s) provided or modified by the User (User Content). Australia Post accepts no responsibility or risk for the content provided, printed, sent or received in relation to the Australia Post Postcards. The User by accessing or using the service accepts all responsibility, risk and liability for the content chosen, added, edited, provided, uploaded and modified.
3. Access and use Click to expand Click to collapse
Any content, data, graphics, photographs, images, software, trademarks, trade names and other information contained or accessible in or via the Australia Post Postcards service (Content) is owned or licensed by or to Australia Post and is protected by Australian and international intellectual property laws.
You must only use Australia Post Postcards to send material to persons that are known to you personally. You are solely responsible for ensuring that you comply with all applicable laws and regulations in accessing or using Australia Post Postcards including, but not limited to, privacy and intellectual property laws.
Except as expressly authorised within these Terms and Conditions you may not use Australia Post Postcards or modify, copy, reproduce, publish, disseminate, transmit, distribute, display, perform, create derivative works from, download, transfer, licence or sell any Content, without the express prior written consent of Australia Post.
Australia Post may, at its sole discretion change or cease, temporarily or permanently, any element or functionality of Australia Post Postcards at any time, including but not limited to, introducing new Content, or supplementing, changing or discontinuing any part of the current Content including User Content. Australia Post reserves the right to refuse, terminate or suspend the service to anyone, for any reason, at any time.
While Australia Post endeavours to take reasonable care in preparing and maintaining the information and Content on Australia Post Postcards, it does not warrant the accuracy, reliability, adequacy or completeness of any of the Content. You acknowledge and accept that the Content may include inaccuracies and typographical errors. The 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.
4. Requirements and eligibility for Australia Post Postcards Click to expand Click to collapse
Australia Post Postcards is 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 is accurate and truthful.
Australia Post may, in its sole discretion, refuse to offer access to or prevent use or future use of Australia Post Postcards to any person or entity and change its eligibility criteria at any time.
It is your responsibility to keep your account and passwords secure. You will be liable for, and indemnify Australia Post from any loss or damage resulting from your failure to maintain password confidentiality or otherwise keep your account secure. You agree to immediately notify Australia Post of any unauthorised use of your password or any breach of security.
It is your responsibility to keep your account information up-to-date and accurate at all times. In order to use Australia Post Postcards you must provide and maintain valid payment information. You must not transfer or sell your Australia Post Postcards account or user ID to another party.
Use of Australia Post Postcards is intended only on iPhone 3GS, 4, 4S and 5 running iOS 5.1.1 or above. However, Australia Post provides no warranty that Australia Post Postcards will function on your iPhone. The quality of the camera function may differ between phones and Australia Post does not provide any warranty concerning the quality of any image used. In particular, we note that 3MP cameras may result in poor image quality.
Australia Post Postcards only supports the standard English keyboard. If you use an international non-English keyboard on your iPhone, the text on your Card will not be printed. Australia Post will not be liable for any refunds for Cards where you have used the non-English character keyboard to compose your message.
You will require an Internet connection in order to use Australia Post Postcards, including when ordering and sending a postcard through Australia Post Postcards (Card).
You must provide a valid email address to use and access Australia Post Postcards. This email address will be used by Australia Post to provide a receipt of the purchase. The email address will not be used for marketing purposes unless you have expressly provided your consent.
To the extent permitted by law Australia Post disclaims all liability for loss directly or indirectly arising from your use of or reliance on Australia Post Postcards.
Content uploaded on Australia Post Postcards will be stored by Australia Post or its agents or service providers for 3 months post the receipt of that Content or longer as required by law or regulation. You consent to Australia Post storing Content and User Content as required.
5. Card content Click to expand Click to collapse
You are responsible for the quality and approval of the image(s) provided for use on the Card. The maximum photo size for use on the Card is 16cm x 10.667cm. Any text exceeding the space indicated in the application for the message will not appear on the Card. Each Card can be previewed before payment.
You are responsible for ensuring that the Content and its use, meaning, effect and placement is not:
a) unlawful, obscene, harmful, of bad taste or otherwise inappropriate;
b) false, misleading or inaccurate, or otherwise contravene the Competition and Consumer Act (Cth) 2010;
c) be fraudulent or involve the sale of illegal, counterfeit or stolen goods;
d) Confidential or infringe upon any third-party's intellectual property rights;
e) be defamatory or offensive; or
f) modify, adapt or hack Australia Post Postcards or anyassociated website or application store.
You are solely responsible and liable for any Card(s) that you create, pay for, send or request to be sent. You indemnify Australia Post for any claims, loss, liability or damage arising or connection with your access or use of Australia Post Postcards. Without limiting any other remedies available, Australia Post has the unfettered right to remove, delete or modify any Content that it considers to be inappropriate, at its absolute discretion, without consultation with you.
6. Ordering and payment Click to expand Click to collapse
All payments must be made using one of the following methods:
b) Visa; or
If purchasing via credit card, you acknowledge that the credit card number will be securely stored future use. These details may also be stored by the payment provider.
The payment must be made at the time you place your order. Prices are indicated at the time of order and are subject to change without notice. You are responsible for paying all fees and applicable taxes associated with using Australia Post Postcards.
If you have a question or wish to dispute a charge please contact Australia Post.
Australia Post will send you a communication providing a tax invoice receipt in respect of your transaction to the email address you provide. Cards should be delivered within the following timeframes after Australia Post has received your payment:
a) within 6 business days for Cards to be delivered within Australia; and
b) 11 business days for Cards to be delivered outside of Australia.
Cards will be sent to the mailing address populated by you in the address field. Addresses, nor any other Content, are checked or otherwise verified for accuracy or completeness. Australia Post accepts no responsibility or liability for failure of a Card to reach the intended recipient due to incorrect Content or address being populated or provided by You. Australia Post may consider a refund if notified of a failure to receive a Card addressed to a valid Australian address. No refund will be available for postage to an international address.
7. Support Click to expand Click to collapse
8. Limitation of liability and indemnity Click to expand Click to collapse
Australia Post does not make any representation or warranty (express or implied) in respect of Australia Post Postcards. To the maximum extent permitted by law Australia Post excludes completely all liability whatsoever for any claims, liability, loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with Australia Post Postcards and its access, use or performance.
Australia Post does not guarantee that access to Australia Post Postcards will be uninterrupted or that Australia Post Postcards or any associated website or application store is free from viruses, Trojans, time bombs or any other malicious code, including anything which may damage any device when accessing Australia Post Postcards or any data on such a device.
You agree to indemnify Australia Post and its related parties, 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:
(a) your use of Australia Post Postcards or any content you submit through Australia Post Postcards;
(c) your breach of any applicable law.
9. Intellectual property Click to expand Click to collapse
All Content provided, available or accessible via Australia Post Postcards, including without limitation all editorial materials, information, photographs, illustrations, artwork, software, code, stock images, graphic materials, and names, logos and trade marks, are the property of, or licensed by or to, Australia Post and are protected by copyright, trade mark and other intellectual property laws and regulations. Any such Content may be displayed and printed solely for your personal, non-commercial use provided that any copyright notice on such a display or page is not removed.
You acknowledge and agree not to attempt to:
(i) Reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or disassemble any of the data, software, code, information or material made available or accessible;
(ii) Download or modify any data, information or material provided or accessible;
(iii) Modify any borders provided, and to use simply "as is";
except to create, save, approve or print a postcard for a recipient(s) via the Australia Post Postcards.
Save for the above, and unless expressly granted, Australia Post does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into Australia Post Postcards.
We will use reasonable endeavours to ensure that Australia Post Postcard and your Materials and are not compromised. However, we cannot guarantee that no interception, Harmful Code [any form of harmful surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware] will affect the site, service or connecting devices or software.
Some interactions may occur on systems under the control of third parties, such as payment for goods transactions. We are responsible for the security of information while it is collected by, stored on or passing through our systems only. You acknowledge that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of us, and we shall not be responsible for any data lost while transmitting information on the Internet.
10. Legal compliance Click to expand Click to collapse
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of Australia Post Postcards and any Australia Post service. In addition, you shall be responsible for paying any and all taxes applicable to any purchases you make on Australia Post Postcards.
11. Severance Click to expand Click to collapse
Any part or provision of these Terms and Conditions that is deemed illegal or unenforceable by a Court of competent jurisdiction may be severed from these Terms and Conditions and the remaining provisions continue in full force.
12. Jurisdiction Click to expand Click to collapse