Change of Address Notification - Terms and Conditions

Terms and conditions

Use of the notify organisations or change of address notification 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.

1 Introduction

1.1 These 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 herein, 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 through the site; and

1.2.2 Australia Post accepts that application by granting access to the service.

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 one or more addresses of the customer (including for example a residential or mailing address).

2.5 "customer" means a person who from time to time is approved by Australia Post as a customer of the service and includes a person who is a prospective customer where the context requires.

2.6 "organisations" means the organisations of whatever nature named on the notify organisations service application site.

2.7 "service" means the notify organisations or the change of address notification service provided by Australia Post described in clause 3.1.

2.8 "site" means the Australia Post website applicable to the service including any related log in screens;

3 Scope of Service and Exclusions

3.1 Subject to these terms and conditions, Australia Post will notify, in the manner determined by Australia Post, each organisation nominated by the customer that the customer has requested Australia Post notify that organisation of a change of address. For the avoidance of doubt, the scope of the service does not extend beyond providing this notification.

3.2 Once Australia Post has notified an organisation as described in clause 3.1, Australia Post has no responsibility to ensure that the notification is received by the organisation, or for the use or non-use of the updated address details by the organisation.

3.3 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:

3.3.1 incorrect or incomplete information has been supplied (whether intentionally or unintentionally); or

3.3.2 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.

4.2 The customer appoints Australia Post as its agent for the purposes of notifying organisations on behalf of the customer as contemplated this agreement.

4,3 The service is available only to customers who are natural persons.

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 customer's entitlement to use the service and to provide the warranties given by the customer.

6.2 The customer acknowledges that Australia Post may also engage a third party to assist in electronically verifying the identity of a customer to Australia Post's satisfaction and agrees that Australia Post may share information provided by the customer with such third party provider for these purposes.

6.2 The provisions of this clause 6 apply despite access to the service having already been granted.

7 Warranty and Criminal Offences

7.1 The customer warrants that all information provided by the customer to Australia Post in connection with the service is complete, true and accurate.

7.2 The customer acknowledges that it may be a criminal offence to:

7.2.1 intentionally or recklessly give false or misleading information;

7.2.2 omit a material particular which may cause the information to be misleading, during the application process; or

7.2.3 intentionally cause the wrongful delivery by Australia Post of an article or postal message.

8 Termination of Service

Australia Post may, in its absolute discretion and without prior notice, terminate your access to the service and our provision of the service if we reasonably determine that you have breached any terms and conditions associated with use of the service, the site or any other Australia Post site.

9 Limitation of Liability Release and Indemnity

9.1 Subject to clause 9.2, 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.

9.2 To the extent permissible by law (and specifically subject to any applicable non-excludable guarantees under the Australian Consumer Law prescribed in the Competition and Consumer Act 2010), Australia Post expressly disclaims all conditions, warranties or guarantees, express or implied, in respect of the service

9.3 The customer shall 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 by Australia Post other than to the extent that Australia Post is proven to be at fault.

10 Suspension of Service

10.1 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:

10.1.1 for any reason or cause which could not with reasonable diligence be controlled or prevented by Australia Post;

10.1.2 in the event of 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; or

10.1.3 if Australia Post reasonably considers that any part of site has been compromised or is being used in an unlawful manner;

10.1.4 if Australia Post reasonably considers that any part of its systems, networks or the site is involved in or subject to a cyber-attack; or

10.1.5 if the site is not available or functional for any other reason including as a result of planned or unplanned outages.

10.2 During the period while one or more incidents described in clause 10.1 above are subsisting, this agreement shall be suspended and service will recommence after the relevant incident or incidents end.

11 Law

11.1 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.