Australia Post Postcards App Terms of Use

This application ("Australia Post Postcards") is operated by the Australian Postal Corporation ("Australia Post"). By accessing or using Australia Post Postcards, or any goods or services that are related or ancillary to Australia Post Postcards, you agree to the terms of use as set out below (Terms of Use). If you do not agree to these Terms of Use, please do not use or access Australia Post Postcards. These Terms of Use apply to all persons accessing or using Australia Post Postcards, including without limitation customers, merchants, service providers, suppliers, contributors of any content including data, images and any other material accessed, downloaded, uploaded, modified or used via, from or in connection with Australia Post Postcards ("referred to as "You", "Your" and or "Users").

The Terms of Use include these terms and conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to Australia Post Postcards (Terms and Conditions).

The use of Australia Post Postcards is conditional upon Users’ acceptance and continued adherence to the Terms and Conditions. You should review the Terms and Conditions periodically to ensure you can, and wish to, comply with them. Australia Post Postcards and these Terms of Use are subject to change at any time without notice. Please refrain from using the Australia Post Postcards if you do not wish to be bound by the Terms and Conditions. 

Australia Post Postcards enables Users to create a customised version of a postcard by uploading a personal photograph or image from an iPhone or iPad and creating a message for inclusion on the postcard (Card). Following receipt of payment, a hard copy version of the Card will be created and sent to the recipient 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 User Content provided, printed, sent or received in relation to the Australia Post Postcards. By accessing or using the service, the User accepts all responsibility, risk and liability for the User Content chosen, added, edited, provided, uploaded and modified.

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 by, or licensed to, Australia Post and is protected by 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, which shall not be unreasonably withheld.

Australia Post may 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. Australia Post will provide you with prior written notice where reasonably practicable and Australia Post will refund any amounts paid for a service which was not provided.

While Australia Post endeavours to take reasonable care in preparing and maintaining the information and Content on Australia Post Postcards, to the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), 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.

Australia Post Postcards is available to persons who are capable of forming a legally binding contract under applicable law. In the case of an individual, Australia Post Postcards 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. If you are an individual, 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 at its option, refuse to offer access to or prevent use or future use of Australia Post Postcards to any person and change its eligibility criteria at any time. Australia Post will provide you with written notice where reasonably practicable.

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.

You acknowledge that the Australia Post Postcards is intended only on iPhone and iPad devices running certain Apple iOS operating systems, as updated from time to time. 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, 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 Card through Australia Post Postcards.

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 and otherwise as specified in these Terms and Conditions. The email address will not be used for marketing purposes unless you have expressly provided your consent.

Subject to cl. 8 of these Terms, to the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), 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 after Australia Post receives that Content, or longer as required by applicable laws or regulations. You consent to Australia Post storing Content and User Content in accordance with these Terms of Use and the Privacy Policy.

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. However, you acknowledge that the preview is a guide only and may not be identical to the final Card which is produced and sent using the Australia Post Postcards.

You are responsible for ensuring that the Content and its use, meaning, effect and placement:

a) is not unlawful, obscene or harmful;
b) is not false, misleading or inaccurate, or does not otherwise contravene the Competition and Consumer Act 2010 (Cth);
c) is not fraudulent and does not involve the sale of illegal, counterfeit or stolen goods;
d) is not confidential and does not infringe upon any third-party's intellectual property rights;
e) is not defamatory or offensive; or
f) does not modify, adapt or hack Australia Post Postcards or any associated 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 in connection with your access or use of Australia Post Postcards. Without limiting any other remedies available, Australia Post has the right to remove, delete or modify any Content that it reasonably considers to be in breach of these Terms of Use.

All payments must be made using one of the following methods:

1. MasterCard; 
2. Visa; or 
3. PayPal.

If purchasing via credit card, you acknowledge that the credit card number will be securely stored for 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 prices for future purchases are subject to change by Us by to providing reasonable notice of such a change. Such notice may be provided at any time by posting the changes on the Australia Post Postcards website available at http://auspost.com.au/travel-id/postcards-app.html or via a notice in the Postcards app. 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 as set out in cl 7 of these Terms of Use.

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 indicative timeframes after Australia Post has received your payment:

a) 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 you provide to us. Addresses and any other Content are not 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 an incorrect address being provided by you. Australia Post may consider providing you with a refund if notified of a failure to receive a Card addressed to a valid Australian address.

Customer support is available via the online contact form. For additional information including How it Works and FAQs, please visit our Postcards webpage.

To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Australia Post expressly disclaims all conditions, guarantees or warranty (express or implied) in respect of Australia Post Postcards. 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.

To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), Australia Post excludes completely all liability for any claims, liability, loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with Australia Post Postcards and its access, use or performance, except to the extent that the loss or damage is incurred as a direct result of Australia Post’s fraud or wilful misconduct.

We will use reasonable endeavours to ensure that your Card(s) and your Materials are not compromised. However, we cannot guarantee that no interception or harmful code (any form of harmful surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware) will affect the site, service, 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 there may be interruptions in service or events that are beyond Australia Post’s control, and we shall not be responsible for any data lost while transmitting information on the Internet.

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) any content you submit through Australia Post Postcards;
(b) a breach of these Terms of Use by you; and
(c) your breach of any applicable law.

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, 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 Card for a recipient(s) via Australia Post Postcards.

Except as expressly set out in these Terms of Use, Australia Post does not grant any licence or right in, or assign all or any part of, its intellectual property rights in the content or applications incorporated into Australia Post Postcards.

You warrant that you have the rights to use and provide any Content, information or materials you provide for use on the Card. You grant Australia Post and any of its service providers and suppliers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, license to exercise the copyright, publicity, and database rights you have in the Content, information or material provided by you (Material) for the purposes of providing the Australia Post Postcard service. You agree to allow Australia Post to store or re-format the Material and display the Material on Cards, the Australia Post website and other material in any way as Australia Post chooses. Australia Post will only use personal information in accordance with Australia Post's Privacy Policy.

 

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.

These Terms of Use are governed and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.