THIS IS A BINDING AGREEMENT between Australian Postal Corporation ABN 28 864 970 579 (which we'll refer to in this document as 'Australia Post', 'we', 'us', or 'our') and any person ('you' or 'your') who registers a MyPost Account.
You will find all of the capitalised terms that we refer to have been defined at the end of these Terms of Use.
In consideration for us giving you access to and use of:
(a) your MyPost Account,
(b) the Website, or
(c) the Services
you agree to be bound by and abide by the terms and conditions set out in:
(i) these Terms of Use,
(ii) Australia Post's Website Terms & Conditions, and
(iii) any Additional Terms.
Where there's any inconsistency between these Terms of Use and the Website Terms & Conditions, these Terms of Use will take precedence.
| 1.1 | Registration as an individual To use the Services, you'll first need to register for a MyPost Account. You can register at a Post Office, or on our Website or via the App. A MyPost Account is a personal account specific to you in your capacity as an individual and cannot be shared with any other person. You'll need to provide a personal email address as part of the process. |
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| 1.2 | Accuracy When registering for a MyPost Account, you must fill in all mandatory fields, using accurate, complete and up-to-date information. If any of your information changes, you'll need to let us know via the MyAccount page on the Website. |
| 1.3 | Use of Services for a business or organisation If any Services allow you to register or use those Services in relation to a business or organisation (including a company or charity), you may be requested to provide additional details to us (such as the business or organisation's name, ABN or ACN). If you provide such details, we may accept your application on a provisional basis while we confirm that the details you have provided are accurate. By registering for or using any Services on behalf of your business or organisation, you are deemed to have confirmed to us that you conduct business, or your organisation operates, under the name you have provided, that you are entitled or authorised to use that name, and that you are authorised to register on behalf of that business or organisation and to supply that business or organisation's information to us. In consideration of your access to and/or use of your MyPost Account and any Services, you agree (both in your individual capacity, and also for and on behalf of your business or organisation) to be bound by and abide by the terms and conditions set out in these Terms of Use. |
| 1.4 | Security Your MyPost Account is unique to you and is not transferable to any other person. You'll need to choose a unique password - keep it safe and don't share it with anyone else. The email address you supply will become your MyPost Account user name. |
| 1.5 | Responsibility You are solely responsible for all activities that occur through the use of your MyPost Account by you or any person acting on your behalf. This includes any transactions that are processed or conducted through your MyPost Account. You must keep secure, and must not share, any login details for your MyPost Account. If you become aware of any unauthorised access or use of your MyPost Account, you must let us know immediately. If your negligent acts or omissions result in unauthorised access to your MyPost Account, you are solely responsible for all transactions conducted through your account during the unauthorised access. |
| 2.1 | Services Having a MyPost Account gives you access to a number of different Services. Each Service that we provide will be governed by:
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| 2.2 | Where you obtain a Service from us and there's any inconsistency between these Terms of Use and the Additional Terms applicable to that Service, the Additional Terms relating to that Service will take precedence. |
| 2.3 | Fees and charges Registering for a MyPost Account is free, but there may be fees and charges for other Services we provide to you. Those fees and charges will be specified on the website or in the Additional Terms applicable to each Service. Fees and charges may be varied at any time at Australia Post's discretion by giving you reasonable notice of the change via email and/or the website. |
| 2.4 | Changes, withdrawal and cessation We reserve the right to change, or temporarily or permanently withdraw any Service. We'll give you notice if this happens in accordance with clause 13.6. To the extent possible under the law, and subject to clause 8, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the exercise of our rights under this clause 2.4. |
| 2.5 | Online support and advice We may, from time to time, as part of the Services we provide, either through the Website or through other online resources, offer support or advice regarding our Services or the products offered by us. You acknowledge that any such information or advice provided by us is general in nature, and is provided for general information purposes only. We do not represent that any such information or advice is suitable for your particular circumstances or purposes. It is up to you to determine whether the information or advice is suitable for your particular circumstances or purposes, and whether or not you should act in reliance on, or in accordance with, that information or advice. |
| 3.1 | No longer issued a. a new Customer who registers for a MyPost Account; or b. an existing Customer who seeks a replacement MyPost Card. |
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| 3.2 | Use If you have an existing MyPost Card, it can be used:
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| 3.3 | Security You agree to keep your MyPost Card issued in respect of your MyPost Account secure and ensure that no one else uses it. Your MyPost Card is not transferable. |
| 3.4 | Responsibility You are solely responsible (and liable) for all activities conducted through your MyPost Card, whether or not you authorised such activities. You must notify us immediately if you become aware of any unauthorised use of your MyPost Card. |
| 4.1 | Internet and Email Access To access and use the Services, you'll need to have access to the internet and email. Your Internet Service Provider (ISP) ,not Australia Post, is responsible for providing internet access (subject to any agreement you have with them), and you are responsible, and solely liable, for any account charges or other costs associated with obtaining internet access and the ISP's service. |
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| 4.2 | Information You agree to provide us with all the information we need to provide the Services and you must make sure that all information is accurate and complete. We won't be liable for any loss, damage, cost or expense that arises from any inaccuracy, omission or other defect in any such information (including in any Data). |
4.3 |
Compliance You must comply with any reasonable directions we give from time to time in relation to your access to or use of the Services. You also must use the Services in good faith, and at all times comply with these Terms of Use, any Additional Terms, and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Services (including, without limitation, all applicable privacy laws). |
| 5.1 | No guarantee of access. To the extent permitted by law (including without limitation the Competition and Consumer Act 2010 (Cth)), and subject to clause 8.2: (a) we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Services or any internet service provider (ISP) services, unless specifically stated otherwise; and (b) we will not be liable if the Services, or any information obtained in relation to them, is inaccurate, outdated or incorrect. We're also not liable if the Services or ISP services are unavailable for any reason, including as a result of: (i) a telecommunications interruption, delay, bottleneck, failure or fault; (ii) negligent, malicious or wilful acts or omissions by third parties (including our third party service providers) but not including any fraudulent conduct engaged in on behalf of or on the part of Australia Post; (iii) maintenance or repairs of the systems used in connection with the provision of the Services or ISP services, carried out by us or any third party service provider; (iv) any events beyond our control; or (v) services provided by third parties becoming unavailable. |
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| 5.2 | No guarantees in relation to Data. You acknowledge and agree that to the extent possible under the law (including without limitation the Competition and Consumer Act 2010 (Cth)), and subject to clause 8.2 and our Privacy Policy, we make no representations, warranties or guarantees in relation to the integrity of the Data or length of time the Data will be retained by us. |
| 6.1 | Restrictions. You must not: (a) access or use the Website or the Services for any purpose other than those permitted by these Terms of Use or any Additional Terms; (b) remove or tamper with any copyright notices on the Website or in relation to any Service; (c) disassemble, decompile, reverse engineer or create derivative works or functionality equivalent software from the Website or in relation to any Service (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth)); (d) copy or download, in a systematic manner, any content, graphics, video, text or animation from the Website or in relation to any Service, or communicate or otherwise distribute such systematically obtained content, graphics, video, text or animation; (e) incorporate any part of the Website or any part of the Services in any product or service to be made available commercially, or attempt to do so; or (f) introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the Website or otherwise in relation to the Services, or in any other manner whatsoever corrupt, degrade or disrupt the Website or the Services, whether directly or indirectly. |
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| 6.2 | Unlawful or unauthorised use. You must not (nor permit a third party to) submit any data or information to the Website or in relation to the Services, or otherwise use the Website or the Services: (a) to engage in any activity which breaches any law or infringes or interferes with a third party's rights; (b) to infringe the Intellectual Property Rights of Australia Post or any third party; (c) in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or (d) in any way that constitutes misuse, or resale or other commercial use, of the Website, the Services or any associated materials. |
| 7.1 | You grant to us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt and communicate the Data (and all data and information comprised in the Data), and to sublicense third parties to do those things, to enable us to: (a) operate the Website and provide the Services; and (b) perform statistical and other analyses that are relevant to our business purposes. You warrant to us that you have all rights necessary to grant this licence. |
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| 8.1 | Indemnity. You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with: (a) your access or use of the Website, MyPost Account or any of the Services (including use of your MyPost Card); and (b) any breach by you of: (i) these Terms of Use; or (ii) any Additional Terms applicable to providing a Service. |
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| 8.2 | Liability: To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), we shall not be liable to you 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, by or on behalf of Australia Post in relation to your MyPost Account and the use or performance of any Services, or any other matter or thing relating to this agreement, except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. |
| 8.3 | To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), we expressly disclaim all guarantees, conditions and warranties, express or implied, in respect of our supply of any Services and your use of your MyPost Account. If any guarantee, condition or warranty is implied into this agreement 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 guarantee, condition or warranty, the guarantee, condition or warranty shall be deemed to be included in this agreement, provided that, where it is fair and reasonable to do so, our liability for breach of the guarantee, condition or warranty shall, if the legislation permits, be limited (at our option) to any one or more of the following: (a) in the case of goods, to: (i) replacing the goods; or (ii) supplying equivalent goods; or (iii) repairing the goods; or (iv) paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired; and (b) in the case of services, to: (i) re-supplying the service; or (ii) paying the cost of re-supplying the service, in respect of which the breach occurred, and otherwise shall be limited to the maximum extent permitted by law. |
| 9.1 | When we may suspend. We may suspend your access to your MyPost Account and/or a Service, if any of the following things occur: (a) we become aware, or have reasonable grounds to believe, that the information you provided in order to register and create your MyPost Account, and/or register for the Service, was not true, accurate, current or complete; (b) where you have registered for or use any Service in relation to a business or organisation we become aware, or have reasonable grounds to believe, that the business name you have provided is not genuine, or that you do not have authority to use that name or register for Services in relation to that business or organisation; (c) we become aware, or have reasonable grounds to believe, that the registration of your MyPost Account or any Service was made by a person who did not have the authority to submit that registration on your behalf; (d) you use your MyPost Account, the Services, the Website or your MyPost Card issued in respect of your MyPost Account to engage in fraudulent or other unlawful conduct; (e) you report that your MyPost Account or your MyPost Card issued in respect of your MyPost Account has (or have) been accessed or used without your authorisation; (f) you breach any provision of these Terms of Use or any Additional Terms; (g) we consider it necessary to do so in order to maintain, update or upgrade the Website or any Service; (h) there's been an allegation that your MyPost Account, the Services, or your MyPost Card issued in respect of your MyPost Account has (or have) been used for fraudulent or other unlawful conduct (whether by you or a third party), or has (or have) been accessed or used without your permission; or (i) we're required to in order to comply with an order, direction or directive issued under statute or by a court, or in order to safeguard the operation of the Website or the Services. |
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| 9.2 | Notice and duration of suspension. Where we suspend access to your MyPost Account and/or a Service under: (a) clauses 9.1(e), 9.1(g), 9.1(h) or 9.1(i) - we'll endeavour to provide you with notice and ensure the suspension continues only for as long as is reasonably necessary; or (b) clauses 9.1(a), 9.1(b), 9.1(c), 9.1(d) or 9.1(f) - we may continue the suspension for as long as we deem appropriate in our discretion. We may also, at our discretion, decide to terminate your MyPost Account and/or stop providing the Service. |
| 9.3 | No liability. To the extent possible under the law, and subject to clause 8.2, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the suspension of your MyPost Account or a Service, except in circumstances where your MyPost Account is suspended due to fraudulent or wilful misconduct on our part. |
| 10.1 | We reserve the right to use contractors or sub-contractors to perform any of our obligations under these Terms of Use or any Additional Terms. When we do, the contractors and/or sub-contractors 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 of Use or any Additional Terms. |
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| 11.1 | You acknowledge that: (a) we collect personal information (including your personal information) in order to complete your registration for a MyPost Account, to provide Services to you and to provide information as to how we can support you, and that, without this information, we may not be able to provide those Services or that support; and (b) we may share the personal information we collect with certain third parties contracted to assist in the provision or administration of those services (and this may include contracted service providers located outside of Australia, including in Japan and the United States). |
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| 11.2 | The personal information we collect will be handled by us in accordance with Australia Post's Privacy Policy. Our Privacy Policy outlines how to access and/or correct your personal information or make a privacy-related complaint. You can contact our Privacy Contact Officer for any privacy-related queries at the contact details set out in our Privacy Policy. |
| 12.1 | Termination without cause. (a) You can close your MyPost Account: (i) calling us on 13 13 18; or (ii) for iOS users, the App. We'll delete all of the information that we hold about you in relation to your MyPost Account (except as required in clause 12.5 below). (b) We may, acting reasonably, terminate your MyPost Account for any reason at any time (which will mean you will not be able to access the Services, or not access them through your MyPost Account). We will provide you with 30 days prior written notice where reasonably practicable. |
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| 12.2 | Termination for cause. We may terminate your MyPost Account and/or stop providing a Service if any of the things referred to in clauses 9.1(a), 9.1(b), 9.1(c), 9.1(d) or 9.1(f) occur (whether or not we first elect to suspend your MyPost Account and/or the Service). We will provide you with prior written notice where reasonably practicable. |
| 12.3 | Termination for inactivity. We may terminate your MyPost Account and/or stop providing a Service through your MyPost Account, if your MyPost Account is inactive for at least 18 consecutive months. Inactive means that you have not logged in to your MyPost Account, performed any activities in relation to your MyPost Account or otherwise used a Service through your MyPost Account. We will provide you with 30 days prior written notice of termination for inactivity and provide you with the opportunity to retain your MyPost Account. |
| 12.4 | Termination in other circumstances. We may also terminate your MyPost Account and/or a Service: (a) when we're directed or ordered to do so by any government authority, or law enforcement, defence or intelligence authority or entity acting under the authority of the Commonwealth of Australia; or (b) when we, at our discretion, decide to terminate or discontinue the operation of the Website and/or the Service. We will provide you with prior written notice where reasonably practicable. |
| 12.5 | Consequences of termination. Where your MyPost Account is closed or terminated, you acknowledge and agree that: (a) we may retain a copy of your Data so that we can comply with our regulatory obligations; and (b) you will no longer be able to access your MyPost Account or use your MyPost Card issued in respect of your MyPost Account, or any of the Services. |
| 13.1 | Acts of employees, officers, agents and contractors of organisations. If you have registered for or use any Services as an authorised representative of an organisation (including a company or charity): (a) all activities and transactions undertaken through your MyPost Account in respect of those Services (whether by you as an employee, officer, agent, contractor or representative of the organisation), will be considered activities and transactions undertaken by you as an individual in your personal capacity, and where applicable, the organisation; and (b) any actions, omissions or conduct by you as an employee, officer, agent, contractor or representative in respect of, or in connection with, your use of any Services, will be deemed to be the organisation's actions, omissions or conduct as well as your personal actions, omissions or conduct for the purposes of these Terms of Use. |
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| 13.2 | Assignment. You may not assign or transfer your rights under these Terms of Use or any Additional Terms, or attempt or purport to do so, without our prior written consent (which may not be unreasonably withheld). |
| 13.3 | Force majeure. Neither party will be liable to the other for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control. |
| 13.4 | Governing law. These Terms of Use (together with any Additional Terms) are governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State. |
| 13.5 | Severability. If any provision, or part of a provision, of these Terms of Use or any Additional Terms is found to be illegal or unenforceable, it will be severed from the agreement, and the remainder of the terms will be construed as if that provision or part did not form part of the Terms of Use or Additional Terms (as applicable). The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between the parties. |
| 13.6 | Variation. We reserve the right to revise and amend these Terms of Use and the Additional Terms (or vary any Service provided under them) as follows: (a) if we consider that the change is likely to benefit you, or have a neutral or minor detrimental impact on you, we will make any changes immediately without notifying you. We will publish the amended Terms of Use or Additional Terms on the Website; or (b) if we consider that the change is likely to have a significant detrimental impact on you, we'll make the change after we have notified you. We may notify you by email, or through a notice on the Website and/or App. Your continued use of the Services after we have notified you of an amendment will mean that you agree to that amendment. If you do not agree with an amendment, you may terminate your MyPost Account in accordance with clause 12.1. |
In these Terms of Use:
App means the 'Australia Post app', as amended or updated from time to time, and including any app that is implemented to replace the Australia Post app.
Australia Post Terms and Conditions means the Australia Post Terms and Conditions made pursuant to section 32(1)(b) of the Australian Postal Corporation Act 1989 including any supplementary service terms (as amended from time to time) found on our General Terms and Conditions page.
Additional Terms is defined in clause 2.1(b) above.
Customer means any person who accesses or uses the Site.
Data means information and data that you provide to us for the purpose of registering your MyPost Account under clause 1, and/or to obtain Services from us and any other data that we may collect (whether as user generated information or user behaviour information) which we may collect in accordance with our Privacy Policy.
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, know-how, trade secrets, confidential information, patents, inventions, domain names, business names and discoveries.
ISP has the meaning given to it in clause 4.1.
MyPost Account means an account registered by a Customer on the Website under clause 1.
MyPost Card means the MyPost card that has been historically issued to Customers after completing the MyPost Card application process.
Privacy Policy means the Australia Post Privacy Policy (as amended from time to time) found at http://auspost.com.au/privacy.
Service means each of the services or products offered by us from time to time, in connection with your MyPost Account.
Website means the MyPost website at https://auspost.com.au/mypost (and related pages) and any other webpages relating to the MyPost Account or at which Australia Post provides a Service.
Website Terms & Conditions means the Australia Post website terms and conditions found on our Website Terms and Conditions page.
