Each time you submit a request for the MyPost Safe Drop Service, or cancel a request, you agree to be bound by the terms and conditions set out in:
(c) the Website Terms & Conditions; and
(d) the Australia Post Terms and Conditions.
1. Availability of the MyPost Safe Drop Service
1.1 The MyPost Safe Drop Service is only available for deliveries to an address that is accessible and to a requested delivery location where it is safe to leave parcels. Addresses where the front of the property is near to the street, or apartments that are not accessible to a person who is making the delivery, are generally not suitable for the MyPost Safe Drop Service.
1.2 This Service will only be available for parcels sent via the Click & Send, Online Sending or eParcel services where the sender has not opted-out.
1.3 Where a MyPost Safe Drop has been requested it may be cancelled by the MyPost account holder and if required, a new delivery location (at the same address) may be specified, provided such request is received by the person delivering the parcel prior to making the delivery.
1.4 In most cases a request for the Service (or any cancellation / update to the delivery location) will need to be made at least an hour before the delivery in order to provide notification to the person delivering the parcel. In some cases where you make a request for the Service, there will be insufficient time between the request being made (or a request for cancellation / update to the request) and the delivery, to notify the person delivering the parcel. You will be notified by email if this is the case.
2. MyPost Safe Drop Services
2.1 By submitting a request for the MyPost Safe Drop Service you agree that:
(a) Notwithstanding any specific term in the Australia Post Terms and Conditions (or other arrangement with the sender):
(i) we will not obtain or require your signature on delivery of your parcel, and we may leave parcels at your delivery address in the delivery location requested by you without obtaining a signature from any person; and
(ii) if your parcel is delivered in the manner described in paragraph (i) above, the parcel will be deemed to have been delivered at the time the parcel is scanned as delivered and left at the delivery address.
(b) Australia Post will use reasonable endeavours to follow the delivery instructions specified in the request for the MyPost Safe Drop Service. However, the person delivering a parcel may, at their absolute discretion, decide that the requested delivery location is inaccessible, unsafe to access, in-view of passers-by, not protected from the weather, or otherwise not suitable for leaving the parcel, in which case, they will leave a card at the delivery address advising that the parcel can be collected from a nearby Post Office.
(c) To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), and subject to clause 2.1(e) of this Agreement and the Australia Post Terms and Conditions, Australia Post shall not be liable to you or to any other person (whether in contract, tort or otherwise) for any loss or damage 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 loss or damage to any parcel, including, but not limited to:
A. where it is left at the delivery address in a 'safe drop' location as requested pursuant to this Service;
B. where it is left at a delivery address in a manner that is inconsistent with the delivery instructions specified in the request for the Service; or
C. where it is not left at the delivery address (including in the circumstances contemplated by clause 1.4 and 2.1 (b) above), and requires collection from a Post Office;
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
(d) Where the law implies a warranty into these Terms and 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:
(i) 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
(ii) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
(e) In requesting that Australia Post deliver your parcel to the delivery location specified in this request, you agree to indemnify Australia Post (and all of Australia Post’s subsidiaries, officers, employees, contractors and agents) against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages arising from any liability it may have to the sender of the parcel, including liability arising from the failure to collect a signature or the loss of the article, except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
3. Email Notification
3.1 The Tracking Terms and conditions apply to this Service.
3.2 You acknowledge that, whilst we will use reasonable endeavours to provide accurate email notifications in support of this Service, there are circumstances beyond Australia Post’s control (such as technical faults) which may prevent you from receivin