By using the Application or signing up for an account, you’re agreeing to these Terms.
We’ll start with the basics, including a few definitions that should help you understand this agreement. Pitney Bowes Australia Pty Ltd (ABN: 82 001 475 921) (“we”, “us” and “our”) is the owner (or authorised licensor) of the Application, which allows you to manage addresses, print labels and postage and track your shipments so that you can send letters, packages and parcels through the Service Providers.
These Terms define the terms and conditions under which you’re allowed to use the Application and how we’ll treat your account while you’re utilising the services of the Service Providers (“Services”). If you have any questions about our terms, feel free to contact us at: email@example.com.
In order to use the Application and the Services, you must: (a) complete the registration process; (b) agree to these Terms by clicking “I Accept”; and (c) provide true, complete and up to date contact information for so long as you access the Services. You agree that you won’t use the Application and/or any of the Services in a way that violates any laws or regulations, including any relating to data protection and privacy. We may refuse service or close your account if you fail to comply with these Terms.
2. Use of the Application / Services, and Suggestions
For so long as you comply with these Terms, we grant you a non-exclusive and non-transferable licence to use the Application to access the Services. We reserve all rights to the Application not expressly granted to you in these Terms. Your access to and use of the Application may be interrupted from time to time for various reasons, including malfunction of equipment, periodic updating, maintenance or repair of the websites that the Services are accessible from, or other actions that we may elect to take. You will only use the Application and the Services for business or commercial purposes and not for personal, family or household purposes. You will not use the Application or Services to send infringing, obscene, threatening or unlawful or tortious material or disrupt other users of the Application or Services. Disruptions include denial of service attempts, propagation of computer worms and viruses, or use of the Application to make unauthorised entry to any other device accessible via the Application. In addition, you will not reverse engineer, decompile or disassemble the Application. The occurrence of any of the foregoing will be deemed a material breach and we may immediately terminate your use of the Application and Services.
You assign to us all right, title, and interest (including all rights in copyright and resulting patents) in any feedback and suggestions provided to us related to your use of the Application and/or Services.
You acknowledge and agree that we may capture certain information that you input into the Application (i.e. your organisation name, contact details, your account numbers / user IDs with the Service Providers, Parcel and shipping details), and regarding your use of the Application and/or Services, in order to: (a) ensure the Application properly interoperates with the Services; (b) perform analytics to improve the Application and/or Services or our other products and solutions.
3. Term and Termination
These Terms begin when you sign-up for the Services and continues until your account is closed or terminated. You or we may terminate your account at any time and for any reason by giving notice to the other and we may suspend the Services to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it.
We may change the Application and/or Services and any features of the Application and/or Services from time to time. In addition, we may change any of these Terms by notifying you of the revised Terms by sending an email to the last email address you gave to us. The new Terms will be effective if you use the Application to access the Services after we have informed you of the new Terms. If you do not wish to agree to the new Terms, you must stop using the Application and the Services immediately.
5. Account and Password
By registering for the Services, you will be prompted to establish certain passwords and/or provide other access information to enable you to use the Services. The account name, password and/or access information is confidential information and should be used solely by you to access your account and use the Services. You’re responsible for keeping your account name, password and access information confidential. You’ll take all reasonable steps to prevent unauthorized access to your account and you’ll immediately notify us of any unauthorised use of your accounts. We are not responsible for any losses due to stolen or hacked passwords.
6. Account Disputes
We don’t arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours. We decide who owns an account based on the information that has been provided to us with respect to the account, and if multiple people or entities are identified, then we will rely on the contact information listed for that account.
7. Fees payable to Service Providers
The fees for the use of the Services are levied by the Service Providers and are payable by you to the applicable Service Providers direct. These fees will be displayed by the Application, and the Service Providers’ fees may be changed from time to time.
8. Service Provider’s Terms
These Terms are in addition to any other applicable terms and conditions that govern the Services you acquire from a Service Provider.
Without limitation to the above, when placing orders via the Application you should make sure that you enter the correct Parcel’s dimensions and weight and that you comply with any requirements under the applicable Service Provider’s then-current terms and conditions.
Pitney Bowes, the Pitney Bowes logo, and associated brand names and domain names are our trademarks in the United Kingdom and/or other countries. All marks not owned by us are the property of their respective owners.
You may not use, and nothing contained in these Terms grants any right to use, any trademark displayed on the Application without our written permission or the respective owner of such trademark.
10. Use of the Application
You agree that content on or accessible by the Application is protected by copyrights, trademarks and other intellectual and proprietary rights; and these Terms and applicable copyright, trademark and other laws govern your use of such content.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of or inability to use the Application and/or Services and we will not be liable for any such loss. If the waiver of liability in the previous sentence is not permitted by law, the total liability for all claims made relating to your use of or inability to use the Application and/or Services in any month will not $1,000.
You acknowledge and agree that we will not be liable to you for any loss of, or damage to, any parcel or other shipping item (each a “Parcel”) to be shipped through the Services, or for any delay in shipping a Parcel or failure to deliver a Parcel. Any such claim is a matter between you and the relevant Service Provider (as the carrier), and you acknowledge that the Service Provider’s liability is limited as per their applicable terms.
Neither party will be liable for any: (i) loss or damage to profits, sales, business, goodwill or anticipated savings; or (ii) business interruption or lost data; or (iii) punitive, special, consequential, incidental or indirect damages, even if we have been advised of the possibility of such loss or damage.
Nothing in this Agreement shall exclude, limit or restrict our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud; or (iii) any other cause of action which cannot be limited or excluded under applicable law.
You agree to indemnify and hold us harmless from and against any and all losses, costs and expenses (including attorneys’ fees) arising in any way from your use of the Application and/or Services or related to any breach of these Terms by you or any user authorised by you. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and, in such case, you agree to co-operate with us in making the defence.
The Application is provided “as is” without warranties and conditions of any kind, either express or implied, including warranties or conditions of merchantability and fitness for a particular purpose, accuracy, reliability and non-infringement, and you waive all warranties from us to the maximum extent provided by law.
Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law our liability under those provisions is limited as follows: our liability is limited, at our option – in the case of goods, to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and in the case of services, to supplying the services again or the payment of the cost of having the services supplied again.
14. Third Party Sites
The Application and these Terms may contain links to third party websites, including links to third party websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. You should contact the site administrator or webmaster for those Linked Sites if you have any concerns regarding such links or the content located there.
You may not assign any of your rights under these Terms to anyone else. We may assign our rights to any other individual or entity at our discretion.
16. Choice of Law
These Terms will be governed by the laws of the State of New South Wales, Australia (“NSW”) and you and we submit to the exclusive jurisdiction of the courts of NSW (and its appellate courts).
If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of this Agreement will remain in full force and effect.
18. Force Majeure
We won’t be liable for any delays or failure in performance of any part of the Application and/or Services from any cause beyond our control. This includes acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, strikes, power blackouts, and acts of hackers or third-party internet service providers.
19. Amendments and Waiver
Changes to these Terms won’t be effective until we notify you of the revised Terms. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under these Terms, and we may still take action at a later point.
Except as provided in the next sentence: (i) any notice to you will be effective when we send it to the last email or physical address you gave us; and (ii) any notice to us will be effective when delivered to us at Attn. Company Secretary, Pitney Bowes Australia Pty Ltd, Level 1, 68 Waterloo Road, Macquarie Park, NSW 2113, Australia. Any notice alleging a breach of these Terms will be in writing and will be sent by overnight courier or delivered in person to: (a) in the case of a notice to you, the physical address you gave us; and (b) in the case of a notice to us, Attn. Company Secretary, Pitney Bowes Australia Pty Ltd, Level 1, 68 Waterloo Road, Macquarie Park, NSW 2113, Australia, or any addresses we may later post on the Site.
21. Entire Agreement
These Terms make up the entire agreement and supersede all prior agreements, representations, and understandings. This does not exclude any liability for fraudulent misrepresentation.