eBay Label Printing - Delivery Service Terms & Conditions

1.1 Except where a word or phrase is expressly defined in these terms and conditions, all words and phrases shall 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.

1.2 In these terms and conditions, unless the context dictates otherwise:

"Agreement" means the agreement between Australia Post and a Customer formed when a Customer accesses the eBay Label Printing Service, selects and commences ordering the Delivery Services, and is presented with an electronic request to accept the Terms and Conditions and clicks "Accept";
"Australia Post Terms and Conditions" means the terms and conditions made pursuant to section 32 (1) (b) of the Act, and available for examination at auspost.com.au/general-terms-conditions.html.
"Australia Post Website" means the website operated by Australia Post and located at auspost.com.au.
"Charges" means the fees and charges levied by eBay as agent for Australia Post for the Delivery Services ordered through the eBay Label Printing Service.
"Customer" and/or "you" means a user of the eBay Website who accesses the eBay Label Printing Service and enters into an Agreement with Australia Post for the Delivery Services;
"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 - concerning such matters as licensing, special packaging, and declaration of contents;
"Delivery Services" means the delivery and value added services selected by a Customer that are offered by Australia Post through the eBay Label Printing Service. The Delivery Services can be any of the delivery or value added services outlined in clause 4.
"eBay Label Printing Service" means the functions and features provided by eBay which enables Customers to:
(a) access, select and purchase various services (including the Delivery Services); and
(b) print labels containing a delivery barcode and postage indicia (including the Postage Labels) for the delivery services purchased, on the eBay Website for the delivery of items purchased on the eBay Website
"eBay Label Printing Service Instructions and Procedures" means all information, bulletins, user guides, manuals, and other directions and instructions (however published or displayed) to Customers for use of the eBay Label Printing Service;
"eBay Website" means the website operated by eBay and located at www.ebay.com.au.
"Express Post" means the Australia Post Express Post delivery service as described in the Australia Post Terms and Conditions;
"Extra Cover" and/or "Extra Cover Service" means the Australia Post service described at Schedule 1 of the Australia Post Terms and Conditions under which Australia Post, for a prescribed fee, agrees to compensate a Customer if a postal article covered by Extra Cover is lost or damaged in transit  (see auspost.com.au/general-terms-conditions.html)
"GST" has the same meaning as defined in section 195 of the A New Tax System (Goods and Services Tax) Act 1999;
"Parcel Post" means the Australia Post Parcel Post delivery service as described in the Australia Post Terms and Conditions;
"Postage Label" means a shipping label indicating the Delivery Service the Customer has selected and purchased, , which contains both the sender address and the destination delivery address, and postal article details such as the postal articles weight that is printed through the eBay Label Printing Service;
"Postal Article" means an article of a kind that, under the Australia Post Terms and Conditions on which Australia Post supplies postal services, may be carried by post.

 

2.1 This Agreement is supplementary to the Australia Post Terms and Conditions. To the extent that any Delivery Service provided through the eBay Label Printing Service, is not expressly referred to or included herein, the Australia Post Terms and Conditions apply. In the event of any inconsistency between the Australia Post Terms and Conditions, and these Terms & Conditions, the Australia Post Terms and Conditions will prevail for the purpose of resolving the inconsistency.

2.2 Except to the extent (if any) expressly provided for in this Agreement, the conditions applying to the Delivery Services ordered by a Customer through the eBay Label Printing Service shall be the relevant service-specific terms and conditions made pursuant to the Act, the regulations to the Act, the Australia Post Terms and Conditions, and other written instructions published by Australia Post from time to time.

 

The Customer acknowledges that the following conditions apply to the Customer's use of Delivery Services purchased through the eBay Label Printing Service and the Postage Label printed through the eBay Label Printing Service:

(a) The eBay Label Printing Service is provided by eBay. Australia Post is not the provider of the eBay Label Printing Service and does not provide any warranty and does not accept any liability for use of the eBay Label Printing Service or the consequences of the eBay Label Printing Service not being capable of being supplied for any technical reason.

(b) The Customer must comply with all eBay Label Printing Service Instructions and Procedures.

(c) The Customer must supply full and accurate information whenever requested to do so in the course of the Customer applying for, and using, the eBay Label Printing Service to purchase Delivery Services and print Postage Labels. Without limitation, the Customer must supply accurate information concerning such matters as the Customer's personal information, the addressee of the Postal Article, and Postal Article size, weight, contents and value.

(d) The Customer must not, at any time, seek to use any Delivery Service, for the consignment of any Dangerous or Prohibited Goods. It is the Customer's sole responsibility to assess whether items for consignment are, or may be, classified as Dangerous or Prohibited Goods, and / 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 eg. see auspost.com.au/parcels-mail/dangerous-and-prohibited-items.html, 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 a Customer sending, or attempting to send, any Dangerous or Prohibited goods by mail. The Customer's indemnity in favour of Australia Post (see clause 7.4) applies in the event that any loss, harm or damage arises out of the consignment of Dangerous or Prohibited Goods.

(e) Each Postage Label is for a single use. Any attempt to re-print, copy, duplicate or re-use a Postage Label with the intention of securing the provision of a Delivery Service without due payment constitutes a breach of these terms, and may constitute an offence under the Australian Commonwealth Criminal Code.

(f) The Customer must not deliberately damage, obscure information on, or alter a Postage Label with the intention of securing the provision of a Delivery Service without due payment. This may constitute an offence under the Australian Commonwealth Criminal Code.

(g) The Customer must not seek to cancel and obtain a refund for a Postage Label after the Customer has already lodged the relevant Postage Article for delivery, or if the Customer intends to lodge the relevant Postage Article for delivery at a later date, with the intention of securing the provision of a Delivery Service without due payment. This may constitute an offence under the Australian Commonwealth Criminal Code. However, if the Customer requires a refund for a Postage Label that was printed in error, the Customer no longer wishes to use the Postage Label, or for technical reasons has been unable to access the Postage Label, the customer should contact eBay at http://ocsnext.ebay.com.au/ocs/home.

(h) The Customer accepts sole responsibility for assessing and advising accurate actual weights and dimensions of Postal Articles sought to be delivered using the Delivery Services. If any Postal Article (whether consigned on the basis of an estimated weight or otherwise) is found by Australia Post to have an actual weight or dimension in excess of the weight or dimension stated by the Customer, Australia Post may refuse to accept and deliver the Postal Article where it has reasonable grounds to do so. For parcels over 1kg the greater of the actual weight or cubic weight equivalent is taken to be the weight for any price determination. The cubic weight is the parcels volume in cubic metres multiplied by 250. Australia Post reserves the right to also apply cubic charges to a parcel weighing less than 1kg.

(i) The Customer accepts sole responsibility for advising accurate delivery address details through the eBay Label Printing Service. Australia Post will not be responsible for any failure of, or delay in, the delivery of any Postal Article using the Delivery Services if the Customer's instructions are ambiguous, incomplete or inaccurate.

(j) Extra Cover may be purchased at additional cost for some consignments of Postal Articles. Specific terms and conditions (including exclusions) apply to Extra Cover. The full terms and conditions applicable to Extra Cover are available at Schedule 1 of the Australia Post Terms and Conditions; see auspost.com.au/general-terms-conditions.html

(k) The Customer must properly and adequately package each Postal Article to be sent using the Delivery Services. Australia Post reserves the right to decline to accept or carry any article which is in Australia Post's reasonable opinion inadequately or inappropriately packaged. Customers should use postal-specific product packaging where the service dictates the use of specific packaging and have regard to Australia Post's packaging guidelines at auspost.com.au/parcels-mail/packaging-hints-and-tips.html

(l) The Delivery Service is personal to the Customer. The Customer is prohibited from selling or resupplying any Delivery Services purchased or Postage Labels printed through the eBay Label Printing Service, without the express written permission of Australia Post
 

4.1 The Customer acknowledges that the sole Delivery Services available for purchase through the eBay Label Printing Service are the Australia Post:
(a) Parcel Post service, in the format of: 
       Assessed parcels,
      Flat rate Satchels, and
      Flat rate boxes
(b) Express Post - Parcel service in the format of:
      Assessed parcels
(c) Signature on delivery value added service
(d) Extra Cover value added service for assessed parcels

The service specific terms and conditions for these services are published by Australia Post at auspost.com.au

4.2 The Customer acknowledges that any delivery timetable and/or calculators relating to the Delivery 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 Delivery Services, and that Australia Post does not warrant that it will perform the services in accordance with those timetable and/or calculators.

 

5.1 The Customer warrants that any and all data and information provided by the Customer to Australia Post or eBay (as agent for Australia Post) is, and will be, complete, up to date, true and correct, to the best of the Customer's knowledge and belief, and that the Customer's use of any Delivery Service purchased through the eBay Label Printing Service and any Postage Label printed through the eBay Label Printing Service, will be effected in full compliance with all of Australia Post's reasonable directions and requirements, and will comply with all laws, regulations and directions of Government or Governmental authorities.

5.2 The Customer promises to pay to eBay (as agent for Australia Post), free of any deduction or set-off, any and all charges for the Delivery Services purchased through the eBay Label Printing Service.

5.3 The Customer acknowledges that Australia Post may refuse to provide the Delivery Services if:
(a) in Australia Post's opinion, any information or instruction submitted through the eBay Label Printing Service is illegible, incorrect, or ambiguous; or
(b) Australia Post has reasonable grounds for believing that the Customer's request for supply of a Delivery Service is, or could be, unlawful.
 

6.1 The Customer will be invoiced by eBay for Delivery Services charges, as specified by eBay through the eBay Label Printing Service.

6.2 Charges for the Delivery Services may be varied at any time at Australia Post's discretion. If a Customer does not accept any variation to the charges, the Customer should cease selecting and purchasing the Delivery Services through the eBay Label Printing Service. Charges are GST inclusive where GST is applicable.

 

7.1 The eBay Label Printing Service is provided by eBay. Australia Post is not the provider of the eBay Label Printing Service and does not provide any guarantees, conditions or warranties in respect of the eBay Label Printing Service. Australia Post shall not be liable to the Customer or to any other 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, in relation to the promotion, provision, suspension or termination of the eBay Label Printing Service.

7.2 Subject only to the Australia Post Terms and Conditions, (which include the terms and conditions of Extra Cover, and service specific terms and conditions for Delivery Services provided through the eBay Label Printing Service, which may in certain circumstances provide some remedy to a Customer for delayed delivery or non-delivery of Postal Articles), to the maximum extent permitted by law, Australia Post shall not be liable to the Customer or to any other 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, except for acts or omissions by Australia Post which constitute fraud or willful misconduct, by or on behalf of Australia Post in relation to the promotion, provision, suspension or termination of the Delivery Services available through the eBay Label Printing Service, or any other matter or thing relating to this Agreement.

7.3 To the maximum extent permitted by law (including without limitation the Competition and Consumer Act 2010 (Cth)), Australia Post expressly disclaims all guarantees, conditions and warranties, express or implied, in respect of the Delivery Services. Where the law precludes such exclusion and imposes any guarantees, conditions and warranties into this Agreement, and provided the law permits, the liability of Australia Post for breach of such guarantee, condition or warranty shall be limited, at the option of Australia Post, to any one or more of the following:

7.3.1. supplying the Delivery Service again; or
7.3.2. payment of the cost of having the Delivery Service supplied again.

7.4 The Customer shall indemnify Australia Post for or against any losses, damages, costs or expenses whatsoever which Australia Post may suffer or incur as a result of any action, proceeding, claim, demand or prosecution which arises out of the Customer's negligence, breach of Agreement, mis-statement of fact (intentional or otherwise) or which in any manner or form arises out of the nature, condition, packaging, legality, or consignment of Postal Articles consigned to Australia Post. The liabilities imposed by this sub-clause continue and survive notwithstanding any termination of this Agreement.

7.5 A party 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, system outages or interruptions, 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.

7.6 All the rights, immunities and limitations of liability in this Agreement shall continue to have their full force and effect in all circumstances notwithstanding any breach of contract or of any conditions hereof by a party.

8.1 A Customer's use of the eBay Label Printing Service or access to the Delivery Services on the eBay Label Printing Service may be suspended or terminated at any time. Similarly, the eBay Label Printing Service or the availability of the Delivery Services on the eBay Label Printing Service may be suspended or terminated at any time. Unless eBay or Australia Post has an entitlement to suspend or cancel commenced transactions (such as under these terms and conditions, or under the Act, or the Australia Post Service Terms and Conditions), all transactions commenced before any suspension or termination will be completed.

8.2 eBay and Australia Post may, at any time, without cause, suspend or terminate the Customer's participation in the eBay Label Printing Service, or their purchase of Delivery Services through the eBay Label Printing Service, save that any incomplete Delivery Services or payment liabilities which exist at the time of any such termination must be completed and effected in full irrespective of any such termination.

This Agreement is governed by, and shall be construed in accordance with the laws in force in the State of Victoria, Australia, and the courts and registries of courts in that State shall have jurisdiction in the event of a dispute.

Australia Post respects the privacy of its Customers and their personal information. Any and all data and information collected by Australia Post through the provision of Delivery Services through the eBay Label Printing Service will be managed strictly in accordance with the Australia Post Privacy Policy.

"Australia Post", "Parcel Post" and "Express Post", are trade marks of The Australian Postal Corporation. 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 without the prior written permission of Australia Post.

Australia Post reserves the right to authorise performance of any Australia Post obligations (either in respect of the Delivery Services, or any other function required to be completed by Australia Post) through contractors or sub-contractors to, or of, Australia Post. Where contractors and / or sub-contractors are engaged by Australia Post the same are included within the definition of "Australia Post" and are entitled to all of the benefits and rights imposed upon and enjoyed by Australia Post by these terms and conditions, or by any relevant provisions of the Australian Postal Corporation Act, the Australia Post Service Terms and Conditions, or the service-specific terms and conditions for any Delivery Service ordered or supplied through the eBay Label Printing Service.

Australia Post may vary these terms and conditions at any time by giving appropriate notice of proposed changes through the Australia Post Website. If the Customer does not accept any variation to the terms and conditions, the Customer should cease selecting and purchasing the Delivery Services through the eBay Label Printing Service.

The eBay Label Printing Service is operated by eBay. If you require customer service information or assistance with your use of the eBay Label Printing Service you should contact eBay at http://ocsnext.ebay.com.au/ocs/home. If your query relates to a Delivery Service provided by Australia Post, eBay will refer you to Australia Post for assistance.