1 Campaign Targeter (the “Tool”)
1.1 The Tool is located at https://campaigntargeter.com.au
1.2 All campaigns created using the Tool may only be used with products and services provided by Australia Post.
1.3 The Tool is provided to you free of charge. Prices generated by the Tool for delivery of campaigns are indicative only and will be finalised when the campaign is lodged with Australia Post for delivery.
1.4 We may from time to time introduce other services that form part of, or complement, the Tool. Such additional services may be made available to you with or without charge. We will notify you, and obtain your consent, before providing any service that attracts an additional charge.
2 Acknowledgement and acceptance of terms
2.1 Access to and use of the Tool is provided to you subject to these Terms. By accepting these Terms during the initial online registration process and then accessing or using the Tool, you agree to be bound by these Terms.
2.2 We reserve the right to amend these Terms at any time and will notify any such changes through the Tool. We will notify you when you access the Tool for the first time following a change. For your continued use of the Tool, you must accept and agree to the changes.
2.3 References in these Terms to "we", "us" and "our" are references to Australian Postal Corporation, a body corporate established under the Postal Services Act 1975, the existence of which is continued by section 12 of the Australian Postal Corporation Act 1989.
2.4 References to "you" and "your" means you as a user of the Tool.
2.5 If you do not agree to the Terms, you should stop using the Tool, terminate your account and delete any accompanying data obtained from the Tool.
3 Registration and Passwords
3.1 You need to register online to be able to use the Tool. On successful registration, we will provide you with access to the Tool.
3.2 When you register, you must provide us with accurate, complete and current information.
3.3 Access to the Tool will be given on the correct entry of a username and password. Once access is granted, all actions taken will be deemed to be made by you.
3.4 You must safeguard any password and agree that you will not allow anyone else to use your username and/or password.
3.5 You agree to immediately notify us if you become aware of any unauthorised use of your username and/or password or any breach of security.
4 Data use
4.1 To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Australia Post will not be responsible or liable for:
a) the Tool not delivering or providing any given functionality or information, or not procuring a particular outcome or result; or
b) any failure by Australia Post to provide the Tool.
4.2 You agree that we may collect and use technical data and related information, which we may gather periodically, to facilitate the provision of software updates, product support and other services to you, which are related to the Tool. We may, to the extent permitted by law, use this information to improve its provision of services to you.
4.3 You acknowledge that we may share customer data and postcode files with certain third parties contracted by us to assist in the administration and management of the Tool.
4.4 The information and images presented or received via the Tool may not be reproduced, republished, adopted, used or modified under any circumstances in any way that implies the endorsement or sponsorship by us of your products, goods or services.
5 Conduct
5.1 You agree that in accessing the Tool, you will not:
a) Reproduce, duplicate, copy, sell, resell, or create derivative works based on, all or any part of the Tool or any information or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Tool
b) Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Tool
c) Remove any copyright, trademark or other proprietary rights notice from the Tool or materials originating from the Tool
d) Frame or mirror any part of the Tool without our express prior written consent
e) Create a database by systematically downloading and storing all or any content from the Tool or
f) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine", "database scraping", or in any way reproduce or circumvent the navigational structure or presentation of the Tool.
5.2 We may terminate your use of the Tool for any conduct that we reasonably consider to be inappropriate, or for your breach of these Terms, (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Tool).
6 Privacy policy
6.1 You understand that by agreeing to these Terms, which include our Privacy Policy, you consent and agree to the collection and use of certain information (including personal information) about you and your use of the Tool in accordance with our Privacy Policy. Our Privacy Policy sets out how we handle and protect your information.
7 Copyright and trade marks
7.1 Using the Tool does not give you ownership of any intellectual property rights in the Tool or the content you access.
7.2 Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on the Tool that is the property of Australia Post, including any trade mark mentioned in this clause may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (including all forms of communications to the public) without our prior written consent.
7.3 "Australia Post" and their associated device marks are trademarks of Australia Post. All other trademarks that may be displayed in connection with the Tool are trademarks of the respective owners. Nothing displayed in connection with the Tool should be construed as granting any license or right of use of any trade mark.
8 Third party content
8.1 ‘Helix Persona’ is a registered trade mark owned by Roy Morgan Research. Any use of the Helix Persona trademark and use of the third party data from Helix Persona is governed by terms of use. The Tool may incorporate certain functionality that allows, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content").
8.2 By using the Tool, you acknowledge and agree that you allow us to access and transmit to you Third Party Content. You acknowledge that because we do not control Third Party Content, we are not responsible or liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or intellectual property rights relating to Third Party Content.
8.3 We have no obligation to monitor Third Party Content, and we may block or disable your access to any Third Party Content (in whole or part) via the Tool at any time. Your access to or receipt of Third Party Content via the Tool does not imply our endorsement of or our affiliation with any provider of such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set out in these Terms or our Privacy Policy such as terms and conditions that are made available by the providers of Third Party Content.
8.4 Nothing in these Terms shall be deemed to be a representation or warranty by us of any Third Party Content. These Terms do not create any legal relationship between you and the providers of Third Party Content regarding the Third Party Content.
9 Your rights under the Competition and Consumer Act and our liability to you
9.1 Except as provided in these Terms, we disclaim all conditions and warranties, express or implied, in respect of the provision of the Tool. If any condition or warranty is implied into these Terms pursuant to any legislation (including without limitation the Competition and Consumer Act 2010 (Cth)) and the legislation avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of, or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms, provided that, where it is fair and reasonable to do so, our liability for breach of the condition or warranty shall, if the legislation permits, be limited (at our option) to any one or more of the following:
(i) re-supplying the service; or
(ii) paying the cost of re-supplying the service,
(iii) in respect of which the breach occurred, and otherwise shall be limited to the maximum extent permitted by law.
9.2 We make no warranty that the Tool will be uninterrupted or error free. Specifically, we do not warrant that you will have continuous access to the Tool, and we will not be liable in the event that the Tool is unavailable to you due to computer or device downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
9.3 Information provided on the Tool relating to goods and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the law of any other country.
9.4 To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), and subject clause 9.1, we shall not be liable to you or to any other person (whether in contract, tort or otherwise) for any loss or damage suffered (including special, indirect or consequential loss, such as loss of profits, reputational damage, interest or future business), or that may be suffered, as a result of:
a) your failure to comply with these Terms;
b) your use or your inability to use the Tool;
c) any goods or services purchased or obtained or of any information provided in connection with the Tool;
d) any act or omission, whether negligent or otherwise, by or on behalf of Australia Post in relation to the Tool; or
e) any other matter or thing relating to these Terms.
except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct.
10 Indemnity
10.1 You agree to indemnify us (and all of our subsidiaries, directors, employees, officers, contractors, agents and representatives) from any claim or demand, including reasonable legal costs, made by any third parties against us due to or arising out of your wilful, negligent or fraudulent acts or omissions and any breach of these Terms by you, or the infringement by you of our or a third party's intellectual property rights, except to the extent that the relevant loss or damage is incurred as a direct result of Australia Post’s fraud or wilful misconduct.
11 Termination
11.1 You may terminate your access to the Tool by submitting a written request to us via the contact details provided in the Tool. Termination of your access to the Tool will be effective within a reasonable period of your request.
11.2 We may terminate, limit your access to or suspend your access to the Tool by providing you with reasonable written notice. The grounds for such termination, limitation of access or suspension will include, but not be limited to:
a) a breach of these Terms;
b) a request by law enforcement or other government agencies;
c) discontinuance or material modification to the Tool (or any part thereof) or a strategic decision of Australia Post;
d) unexpected technical or security issues or problems;
e) extended periods of inactivity; and
f) engagement by you in fraudulent or illegal activities.
Further, you agree that any termination, limitation of access or suspension will be made in our sole and reasonable discretion and that, except as specified in clause 9, we will not be liable to you or any third party for any termination of your Tool account.
11.3 Upon termination of your Tool account for any reason, we will
a) remove access to all or part of the offerings within the Tool,
b) delete your password and all related information, files and content associated with or inside your Tool account (or any part thereof), and
c) bar further use of all or part of the Tool.
12 Miscellaneous
12.1 These Terms constitute the entire agreement and understanding between you and us and supersede any and all prior communications, representations, agreements or understandings between you and us with respect to the subject matter of these Terms.
12.2 All rights not expressly granted in these Terms are reserved.
12.3 Any disputes between you and any third party, are to be resolved solely between you and that party.
12.4 We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
12.5 We may assign or otherwise deal with our rights and subcontract and novate our obligations under these Terms by reasonable prior written notice to you without your prior written consent.
12.6 Part or all of any provision of these Terms that is unenforceable, void or illegal may be severed from these Terms and the remaining provisions of these Terms continue in force.
12.7 These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
