We’ll start with the basics, including a few definitions that should help you understand this agreement.
The Service is a service offered by Pitney Bowes Australia Pty Ltd (“we”, “us” and “our”) that allows you to manage addresses, print labels and postage and track your shipments so that you can send letters, packages and parcels through the Carrier. This web site (the “Site”) is owned and operated by us, however we accept no liability or ownership of each individual Carrier.
These Terms define the terms and conditions under which you’re allowed to use the Service and how we’ll treat your account while you’re utilising the Service. If you have any questions about our terms, feel free to contact us.
ACCOUNT – USE OF SERVICE - CHANGES
In order to use the Service, 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 Service. You agree that you won’t use the Service 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 Service
Upon the payment of fees, and for so long as you comply with these Terms, we grant you a non-exclusive, non-transferable licence to access and use the Service for up to the number of users purchased by you for the Term (which is defined in Section 3 below). You may upgrade your plan for additional fees. We reserve all rights to the Service not expressly granted to you in these Terms. Your access to and use of the Site may be interrupted from time to time for various reasons, including malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that we may elect to take. You will not use the Service to send any dangerous goods, flammable gases, liquids or solids, any toxic goods, corrosives or weapons. You will not use the Service to send infringing, obscene, threatening or unlawful or tortious material or disrupt other users of the Service. Disruptions include denial of service attempts, propagation of computer worms and viruses, or use of the Service to make unauthorised entry to any other device accessible via the Service. In addition, you will not reverse engineer, decompile or disassemble the Service. The occurrence of any of the foregoing will be deemed a material breach and we may immediately terminate your use of the Service.
3. Term and Termination
The Term begins when you sign up for the Service 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 Service 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 Service and any features of the Service from time to time. In addition, we may change any of these Terms and the fees charged for using the Service by posting revised Terms and/or fees on the Site and/or by sending an email to the last email address you gave to us. The new Terms and the new fees will be effective on the day on which your next subscription payment is due and will apply thereafter. If you do not wish to agree to the new Terms or the new fees, you must stop using the Service immediately.
5. Account and Password
By registering for the Service, you will be prompted to establish certain passwords and/or provide other access information to enable you to use the Service. 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 Service. You’re responsible for keeping your account name, password and access information confidential. You’ll take all reasonable steps to prevent unauthorised 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; Payment Terms; Trial Period
The fees for the use of the Service are posted on the Site and may be changed from time to time. These fees do not include: (i) any applicable sales, use or other taxes, which will be invoiced separately by us; and (ii) the postage, shipping or other charges imposed by your chosen Carrier for printing postage or labels and sending letters or parcels through the Carrier. Your subscription for the use of the Service will be billed monthly in advance with the first payment due at the time of registration and with each subsequent payment due on the due date specified in the invoice for the payment. If you terminate under Section 3 above, your access to the Service will continue through the period for which you have paid in advance. If we terminate your account, then we will continue to provide the Service to you through the period for which you have paid in advance, unless you have failed to comply with these Terms, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances.
If your subscription includes a free trial period and if you do not wish to continue your subscription past the trial period, you must cancel your subscription before the last day of the trial period to avoid being billed for the first month of the subscription once the trial period has expired.
8. Carrier’s Terms
These Terms are in addition to any other applicable terms and conditions that govern the services you acquire from your chosen Carrier. The Terms are available via the Carrier’s website.
Without limitation to the above, when placing orders at the Site you should make sure that you enter the parcel’s dimensions and weight correctly and that you comply with any requirements under the Carrier’s terms relating to prohibited goods and restricted goods.
Further information about these requirements can be found at each Carrier’s website.
The Carrier is not liable to you for the use of, or inability to use, the Service or the Site, including without limitation for any losses due to stolen or hacked passwords. The Carrier’s only liability to you in relation to the services you acquire from the Carrier through the Service will be as set out in the applicable Carrier’s terms including, without limitation, any entitlement or otherwise you may have to compensation for lost, damaged or delayed items. In case of conflict between these Terms (insofar as they apply between you and the Carrier) and the Carrier’s Terms, the Carrier’s terms shall prevail.
Pitney Bowes, the Pitney Bowes logo, and associated brand names and domain names are our trademarks in Australia and/or other countries. All marks not owned by us are the property of their respective owners.
The names and logos of each Carrier featured on the Site are registered trademarks of each individual Carrier or its related companies in Australia and other countries.
You may not use, and nothing contained on the Site or in these Terms grants any right to use, any trademark displayed on the Site without our written permission or the respective owner of such trademark.
10. Use of the Site
You agree that content on the Site 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 content on the Site.
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 Service 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 Service in any month will be no more than what you paid us for the Service the month before.
We won’t 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 fraudulent misrepresentation; or (iii) any other cause of action which cannot be limited or excluded under applicable law.
We won’t be liable for any delay, damage or loss which may be incurred whilst your parcel in the possession of the Carrier.
You agree to indemnify and hold us harmless from and against any and all losses, costs and expenses (including legal fees) arising in any way from your use of the Service 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 cooperate with us in making the defence.
The Service and the content on the Site are provided by us “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.
LINKS TO THIRD PARTY SITES
14. Third Party Sites
The Site and these Terms may contain links to third party websites, including links to the websites of each Carrier (“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 Australia and you and we submit to the exclusive jurisdiction of the Australian 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 Service 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 post revised Terms on the Site. 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 Legal Department, Pitney Bowes Australia Pty Ltd – Level 1, 68 Waterloo Road, Macquarie Park, 2113, NSW. Any notice alleging a breach of these Terms will be in writing and will be sent by overnight courier or delivered in person to: (i) in the case of a notice to you, the physical address you gave us; and (ii) in the case of a notice to us, Legal Department, Pitney Bowes Australia Pty Ltd – Level 1, 68 Waterloo Road, Macquarie Park, 2113, NSW 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.