Online Sending - Terms & Conditions

1.1 The Service operates in conjunction with other services offered and provided by us, including those referred to in clauses 5.1 and 5.2 below. These Terms & Conditions apply only in respect of the Service, and otherwise are supplementary to the Australia Post Terms and Conditions and any Additional Terms.

1.2 To the extent that, in the course of using the Service, you order or use other services offered by us (including postal delivery services), the relevant service-specific terms and conditions, such as the Australia Post Terms and Conditions, and any Additional Terms applicable to those other services, will govern the supply of those other services. To the extent of any inconsistency between:

(a) any Additional Terms applicable to those other services;

(b) the Australia Post Terms and Conditions; and 

(c) these Terms & Conditions, 

the terms mentioned earlier in this list will apply to the extent of that inconsistency.

2.1 You may be required to register for a customer account with Australia Post (such as a MyPost Business account) as part of using the Service depending on the channel through which the Service is made available (such as the Online Sending Website, via an app or another channel) (an Account).

2.2 If you register for an Account, you must complete each of the mandatory fields and provide the information specified on the relevant registration page. The information you provide must be accurate, complete and up-to-date. If any of your information changes, you will need to update your registration information as soon as reasonably practicable.

2.3 You are solely responsible for all activities that occur through the use of your Account by you or any person acting on your behalf. This includes any transactions that are processed or conducted through your Account.

2.4 You must keep secure, and must not share, any login details for your Account. If you become aware of any unauthorised access or use of your Account, you must let us know immediately. If your negligent acts or omissions result in unauthorised access to your Account, you are solely responsible for all transactions conducted through your account during the unauthorised access.
 

3.1 To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), and subject to clauses 10.2 and 10.3:

(a) we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Service, or any internet service provider services, unless specifically stated otherwise;

(b) we will not be liable if the Service, or any information obtained via the Service, is inaccurate, outdated or incorrect; and

(c) we are not liable if the Service is 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);

(iii) maintenance or repairs of the systems used in connection with the provision of the Service carried out by us or any third party service provider; or

(iv) services provided by third parties becoming unavailable.

3.2 To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), and subject to clauses 10.2 and 10.3, and the Australia Post 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.

4.1 Australia Post cannot provide the Service if your computer system, device or other equipment is not compatible with the software or application through which the functionality of the Service is delivered, and Australia Post accepts no liability for the consequences of the Service not being capable of being supplied for any technical reason.

4.2 You must comply with all Online Sending Instructions and Procedures in the course of your use of the Service.

4.3 Each Postage Label generated is for a single use. Any attempt to copy, duplicate or re-use a Postage Label with the intention of securing the provision of a postal service without due payment is prohibited, and constitutes a fundamental breach of these terms. It may also constitute an offence under the Commonwealth Criminal Code (or corresponding State or Territory legislation).

4.4 You accept sole responsibility for assessing and advising accurate actual weights and dimensions of parcels sought to be consigned through the Service. If any parcel consigned through the Service (whether consigned on the basis of an estimated weight calculated through the Service weight estimator function or otherwise) is found by us to have an actual weight or dimension in excess of the weight or dimension stated by you, acceptance and delivery of the parcel is at our reasonable discretion. However, if you are not registered to use the Service, we will not accept or deliver a parcel found to have an actual weight or dimension in excess of the weight or dimension stated by you. If, in the exercise of its discretion, Australia Post chooses to accept, carry and deliver the parcel, such carriage and delivery is at the rate or cost applicable to the higher actual weight or dimension of the parcel, and you authorise us to charge any additional costs of carriage and delivery in the manner specified in clause 8.2 below.

4.5 You must properly and adequately package each parcel for consignment by or through us. For some parcels, there are flat rate satchels and boxes available for purchase online, or you may select your own packaging. You should use postal-specific product packaging of matching size category where flat rate postage has been selected, and have regard to Australia Post's packaging guidelines. We reserve the right to decline to accept or carry any article which we reasonably consider to be inadequately or inappropriately packaged.

4.6 You must not, at any time, seek to use either the Service, any Australia Post delivery service or the Parcel Pickup Service, for the consignment of any Dangerous or Prohibited Goods. It is your responsibility to assess whether the contents of your parcel are, or may be, classified as Dangerous or Prohibited Goods, 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 on the Dangerous & Prohibited items page and in the Dangerous and prohibited goods packaging guide (PDF 1.2MB).

4.7 You acknowledge the parcels consigned to overseas addresses are subject to the laws - including the import and customs laws - of the destination country. You must accurately supply all information requested by Australia Post in order that customs requirements may be met. A failure to supply accurate information may result in the delay, return or destruction of a parcel.

4.8 The Service is personal to you, and any purchase of Postage Labels through the Service for sale or re-supply to any person or entity is prohibited, and constitutes a breach of these Terms & Conditions.

4.9 We may, but are not obliged to, make special or preferential offers available to registered customers of the Service from time to time. If any such offers are made available they will be:

(a) subject to these Terms & Conditions;

(b) personal to you (and strictly not for transfer or re-sale to any other person or entity); and

(c) offered pursuant to any offer-specific terms which may be published or advised by us from time to time.

5.1 You acknowledge that the Service can only be used in respect of the following Australia Post carriage and delivery services available for parcels:

(a) Parcel Post;

(b) Express Post Parcel ;

(c) International Standard;

(d) International Express; and

(e) International Economy Air.

5.2 You acknowledge that not all carriage or delivery features and options otherwise offered by Australia Post are available to use with this Service at this stage and/or may not be available in all locations or to all addresses. The Online Sending Website will inform you if additional features or options are available, and if so, the additional cost payable.

Additional delivery service options may include:

(a) The Parcel Pickup Service (see below)

(b) The Parcel Returns Service (see below)

(c) Tracking Service (including the option of tracking or tracking with signature being available but only in conjunction with the Service, and you acknowledge that total scan events captured for the Tracking Service may vary, particularly in remote locations);

(d) Signature on Delivery; and

(e) Extra Cover.

5.3 You acknowledge that any delivery timetable and/or calculators relating to the 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 postage services, and that those services are not guaranteed except to the extent (if any) specified in the Australia Post Terms and Conditions or where applicable, any Additional Terms.

6.1 The Parcel Pickup Service is only available in major metropolitan areas of Australia as identified on the Online Sending Website, and you will be advised by the on-screen prompts of its availability in your location. Australia Post reserves the right to vary at any time the locations where the Parcel Pickup Service is available.

6.2 Parcel Pickups will only be made from premises which are clear and readily accessible, which are free from obstacles and hazards and at which any dogs are restrained. Australia Post reserves the right at its absolute discretion to refuse to pick up parcels from any premises which, on reasonable grounds are unsafe, inaccessible or otherwise unsuitable.

6.3 The Parcel Pickup Service is only available for parcels: which are labelled with an Australia Post scannable barcode (including those ordered using the Online Sending Service), which are suitably and adequately packed, and which weigh less than 22 kilograms, or such other weight restriction notified to you on the Online Sending Website.

6.4 Unless other pickup options are available, your parcel will be picked up on the following business day after the pickup is ordered between the hours specified on the Online Sending Website. Depending on your location, the following three pickup options may be available: same business day, next business day – timed pickup window, and next business day – standard. You will be advised by the on-screen prompts on the Online Sending Website of the availability and detail of these options in your location, as well as the conditions applicable to the Pickup option you have selected (including the notice period to be provided when ordered).

6.5 Where your request to use the Parcel Pickup Service is accepted, you must ensure your parcel is available to be collected at your premises on the day and during the time window when the Pickup has been booked. Australia Post’s estimated delivery times for its services start from the time your parcel is picked up.

6.6 In certain situations, the Parcel Pickup Service may be cancelled or amended by you. If permitted, any request to cancel or amend can only be made by following the instructions provided on the Online Sending Website.

6.7 Unless advised otherwise on the Online Sending Website, the Parcel Pickup Service is only available for pickups from premises where someone is in attendance. Where the Parcel Pickup Service is available for unattended parcels (whether in relation to particular locations or particular types of parcel or otherwise), your parcel must be left in the location as advised on your booking where it can be easily located by Australia Post, and any unattended parcels left at your premises for pickup are left at entirely your own risk.

6.8 The Parcel Pickup Service may be limited to a maximum number of parcels and a maximum aggregate weight at any one time, and if so, this will be advised on the Online Sending Website.

6.9 You are responsible for ensuring that the postage for your parcel has been paid and for ensuring that your parcel is sufficiently and adequately packed.

6.10 Australia Post is entitled to refuse to pick up any parcel which doesn’t meet the requirements of the Parcel Pickup Service or which doesn’t otherwise match the description of the parcel which was booked.

7.1 The Parcel Returns Service is only available for the return of a Parcel domestically within Australia which was originally consigned by you to your customer, and is subject to the instructions, requirements and charges specified on the Online Sending Website from time to time. You are responsible for ensuring the charges for the Parcel Returns Service are paid and for complying with all instructions and requirements.

7.2 The Parcel Returns Service will be charged at the rate applicable at the date on which the Postage Label is created. Australia Post reserves the right to charge you for any underpaid postage which may be detected and determined when the Parcel is within the Australia Post network.

7.3 You are responsible for creating and purchasing the required Postage Label for the Parcel Returns Service using the Online Sending Website and providing it to your customer. You are also responsible for advising your customer of the requirements for the Parcel to be lodged in the Australia Post network, including that the Parcel be repacked in the same packaging as used by you when the Parcel was originally consigned to your customer.

7.4 The original optional features applicable to the Parcel when it was originally consigned, including Extra Cover and Signature on Demand, will be applied in the Online Sending Website at the time the Postage Label for the Parcel Returns Service is being created, and may be de-selected by you prior to purchase if not needed.

7.5 In addition to tracking information being made available to you when a Parcel is consigned using the Parcel Returns Service, it will also be provided to your customer.

7.6 Australia Post is entitled to refuse to provide the Parcel Returns Service for any Parcel which does not meet all applicable requirements.

7.7 All applicable terms of carriage in the Australia Post Terms and Conditions which applied to the Parcel when it was originally delivered by us also apply to that Parcel when the Parcel Returns Service is used.
 

8.1 You warrant that any and all data and information provided by you to us in connection with the Service is accurate, complete and up-to-date, and that in using the Service, and any postal delivery service ordered through the Service, you will comply with:

(a) all of Australia Post's reasonable directions and requirements; and

(b) all applicable laws, regulations and directions of government or governmental authorities.

8.2 You must pay to us, free of any deduction or set-off, any and all charges payable for postal and other services ordered through the Service and/or for the carriage and delivery of parcels by or through Australia Post.

8.3 You agree that the lodgement of the parcel must be made at the closest lodgement point to the declared sender address.

8.4 We may refuse to accept data, information, requests or instructions submitted through the Service where:

(a) we reasonably consider that such data, requests or instructions are illegible, incorrect, or ambiguous;

(b) payment is requested against any account with us (if this payment method is made available), and that account is inactive or overdrawn;

(c) you are otherwise in material breach of any of the terms and conditions applicable to an account or credit arrangement with us; or

(d) we have reasonable grounds for believing that your use of the Service, or request for supply of a postal delivery service is, or could be, unlawful either in Australia or in another country through which your parcel may transit, or to which that parcel may be consigned.

8.5 Without limiting any service specific terms and conditions that may apply in respect of any delivery feature or option, if you select an available delivery feature or option, these additional obligations will apply:

(a) if you are asked to provide your recipients' email address to us, by doing so, you warrant to us that you have obtained any necessary consent from your recipients and are otherwise acting in accordance with all applicable privacy legislation including, without limitation, the Spam Act 2003 (Cth); and

(b) you warrant to us that the instructions provided to us accurately reflect the options selected by your recipients.

8.6 You must not:

(a) access or use the Service (including the Online Sending Website) for any purpose other than those permitted by these Terms & Conditions;

(b) remove or tamper with any copyright notices on the Online Sending Website or any other aspect of the Service;

(c) disassemble, decompile, reverse engineer or create derivative works or functionality equivalent software from the 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 Service, or communicate or otherwise distribute such systematically obtained content, graphics, video, text or animation;

(e) incorporate any part of the Service 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 Service, or in any other manner whatsoever corrupt, degrade or disrupt the Service, whether directly or indirectly.

8.7 You must not (nor permit a third party to) submit any data or information to the Service, or otherwise use the Service:

(a) to engage in any activity that 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 Service or any associated materials.

9.1 You must pay the Charges specified by us (either on the Online Sending Website or otherwise) using an online payment channel approved by us.

9.2 By nominating or using one of the online payment channels we have approved, you authorise us to debit:

(a) your nominated account with us (where this payment method is available); or

(b) your nominated credit card (using SecurePay or other methods that may be available from time to time), with the value of postage and other Charges applied by us in respect of the Service and the postal or delivery services applicable to the parcel to be delivered, and any additional charges for postage which are applicable due to the actual weight and/or dimension of the parcel being greater than represented by you.

9.3 We may vary the Charges at any time at our discretion by giving you reasonable notice of the change via email and/or the Online Sending Website. Charges are GST inclusive where GST is applicable. 

10.1 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 to, or use of, your Account or the Service; and

(b) any breach by you of these Terms & Conditions.

10.2 To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), and subject to the Australia Post Terms and Conditions, 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 the Service or your use of the Service, 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.

10.3 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 your Account and the Service except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. 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.

10.4 Neither party will be in default under these Terms & Conditions, or liable for failure to observe or perform in accordance with these Terms & Conditions, where such default or failure is caused by an Event Beyond Control.
 

11.1 We may at any time, without cause, in our sole and absolute discretion, suspend or terminate either your use of the Service, or the Service in its entirety. We will provide you with prior written notice where reasonably practicable. Unless we have an entitlement to suspend or cancel transactions that have been initiated through the Service by you (such as under these Terms & Conditions the Australia Post Terms and Conditions, or any Additional Terms) all such transactions commenced before any account suspension or termination will be completed by us.

11.2 To the extent permitted by the law, and subject to clause 10.2 and clause 10.3, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the suspension or termination of your use of the Service, or the Service generally, unless the suspension or termination occurs as a direct result of our fraud or wilful misconduct.

11.3 You may, at any time, without cause, terminate this agreement, by giving us notice of your election to terminate. By terminating, you will cease to have access to the Service, save that, provided that no amounts are owing by you to Australia Post in respect of your use of the Service, or any postal, delivery or other services that may be ordered through the use of the Service, any incomplete service or delivery instructions which exist at the time of any such termination will be completed and effected in full irrespective of any such termination.

12.1 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 sub-license third parties to do those things, to enable us to:

(a) operate the Service; 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 us this licence in relation to information that you provide to us.

12.2 You acknowledge that:

(a) we collect personal information (including your personal information) in order to complete your registration for the Service, to provide the Service, and to provide postal, delivery and other services and/or provide information as to how we can support you, and that, without this information, we will not be able to provide those services; and

(b) we may share your personal information with certain third parties contracted to assist in the provision or administration of our services (which may include contracted service providers located outside of Australia including Japan and the United States).

12.3 Your personal information will be handled by us in accordance with Australia Post's Privacy Policy and will not be disclosed except as required or authorised by law, or in accordance with our Privacy Policy. Our Privacy Policy outlines how to access and/or correct your personal information or make a privacy related complaint. You may contact the Privacy Contact Officer, Australia Post, GPO Box 1777, Melbourne VIC 3001 for any privacy related queries.

13.1 All Intellectual Property Rights of any kind, whether registered or unregistered, in the Service, the Online Sending Website and any works, images, designs, software or other material appearing on, or forming part of, the Service, is the sole property of, and/or vests in Australia Post and its third party licensors. You must not reproduce or authorise the reproduction of any component of the Service without our prior written approval.

14.1 We reserve the right to revise and amend these Terms & Conditions (or vary any Service provided under them, including the Parcel Pickup Service) 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 & Conditions on the Website; or

(b) if we consider that the change is likely to have a significant detrimental impact on you, we will make the change after we have notified you. We may notify you by email and/or through a notice on the Website.

Your continued use of the Services after we have notified you of an amendment will mean that you agree to that amendment. If you don't agree with an amendment, you may terminate this agreement in accordance with clause 11.3.

14.2 These Terms & Conditions 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.

14.3 You may not assign or transfer your rights under these Terms & Conditions, or attempt or purport to do so, without our prior written consent (which will not be unreasonably withheld).

14.4 If any provision, or part of a provision, of these Terms & Conditions is found to be illegal or unenforceable, it will be severed from the Terms & Conditions, and the remainder of the Terms & Conditions will be construed as if that provision or part did not form part of the Terms & Conditions, unless the provision or part to be severed constitutes a material and fundamental element of the agreement between the parties.