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Participating Merchants

 

Click a heading to read related legal information.

Merchant Agreement
Customer Service Terms & Conditions
Privacy Statement

Merchant Agreement

1.

The materials displayed on this web site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Australia Post and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Australia Post.

Save for the above, Australia Post does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the web site or in the user interface of the web site.

2.

You acknowledge and accept that the information contained on this web site (the web site information) may include technical inaccuracies. You acknowledge and accept that the web site information is subject to change at any time. You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon.

3.

To the extent permitted by law Australia Post disclaims all warranties with regard to the information and applications contained on the web site and your use of the web site, including all implied warranties of merchantability and fitness. In no event shall Australia Post, its contractors, agents, or employees be liable for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the web site whether in contract, at common law or in equity, or on any other basis. These Terms and Conditions do not exclude warranties or conditions which Australia Post cannot, by law, exclude. These Terms and Conditions do not exclude any liability which any law requires Australia Post to accept. If Australia Post becomes liable for any breach of any such condition or warranty, Australia Post's liability shall be limited at its option, to any one or more of the following:

(a)

in the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b)

in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

4.

If you wish to establish a link to this web site you must, in the first instance, contact Australia Post at ecom@auspost.com.au and provide the following information:

(i)

the URL of the web site that you seek to establish a link from

(ii)

a brief description of your web site, and

(iii)

the reason that you wish to establish a link.

5.

These Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Customer Terms & Conditions

1. THESE TERMS

1.1

These terms constitute the agreement between You and Australia Post which governs Your use of the Pay it @POST service and sets out the basis of Your legal relationship with Australia Post.

2. MEANING OF WORDS

2.1

When used in these terms, the following words have the meanings given below:

 

(a)

"Business Day" means Monday to Friday, except a banking or public holiday observed in the place where a particular Payment is being made

(b)

"Merchant" means an organisation or business which has agreed with Australia Post to participate in Pay it @POST so that its customers may arrange to pay for their Order through Pay it @POST

(c)

"EPOS" means Electronic Point of Sale system

(d)

"Order" means a contract for the supply of goods or services that the Merchant is to provide

(e)

"Payment Slip" means the printed information relating to an Order, including the unique identifier, which a Customer prints from the website and uses to make a Payment

(f)

"We", "Us" "Our", and "Australia Post" are terms which refer to the Australian Postal Corporation, proprietor of Pay it @POST;

(g)

"You" "Your" and "Yours" are terms that refer to you, upon you correctly registering to use Pay it @POST, and to each person who uses Pay it @POST with your permission.

3. DIRECT DEBIT AND CREDIT CARD PROCEDURES

3.1

You may make use of one or a combination of payment method/s specified on the Payment Slip to make payment of an order to a Merchant via Pay it @POST.

3.2

If You provide Us with bank account or credit card details, You agree that Australia Post may:

(a)

instruct Your nominated financial institution to transfer funds from Your nominated account/s; or

(b)

debit Your nominated credit card

for the payment of an Order identified on a Payment Slip as presented and authorised by You. You also warrant that You are entitled to use the bank account for direct debit and/or the credit card for debit, and that Australia Post has been authorised by You to debit Your bank account and/or credit card.

3.3

It is Your responsibility to ensure that sufficient funds are available in Your bank account/s, and/or that sufficient credit is available on Your nominated credit card, at the time of payment to permit payment of the Order identified on the Payment Slip.

3.4

Where a Payment by direct debit or credit card is declined by Your nominated financial institution, it will result in Your Order remaining unpaid. In the event of a 'declined' direct debit or credit card payment, You will be responsible for any additional fees and charges levied by either Your financial institution or the Merchant. Australia Post will not be responsible for the consequences of the Order remaining unpaid.

3.5

If You believe a Pay it @POST transaction involving direct debit or credit card is incorrect or unauthorised, You must contact the Merchant or the credit card issuer in the first instance. In the case of a direct debit transaction, should the dispute require the services of the financial institution, then information relating to the dispute will be provided to that financial institution by Australia Post to assist with resolution.

3.6

Direct debit and credit card payments will only be processed on Business Days. If payment is made at a post office which is not connected to the EPOS system, or after 4:30 pm ( Melbourne time) delays will be experienced in processing the payment as set out in Section 5 of this document- "Payment Processing"

4. PAYMENT TO MERCHANTS

4.1

You may only use Pay it @POST to make payments to Merchants who offer the use of Pay it @POST to You on their websites.

4.2

We agree to collect payment on behalf of Merchants at a post office on condition that:

(a)

you present the correct Payment Slip when making a payment;

(b)

you use a payment method shown on the Payment Slip to make a payment;

(c)

payment is made before the expiry date printed on the Payment Slip; and

(d)

the Merchant's use of Pay it @POST has not been suspended or terminated.

4.3

We reserve the right to refuse to accept a payment at any time, for any reason.

4.4

You agree that acceptance of a payment by Australia Post through Pay it @POST does not represent or imply that:

(a)

the goods or services specified in the Order will be supplied by the Merchant;

(b)

the goods or service are approved by Australia Post, or that they are of a particular quality;

(c)

your payment will be accepted by the Merchant; or

(d)

Your obligations under any agreements You have entered into with a Merchant have been altered in any way.

4.5

You agree that:

(a)

neither the Payment Slip nor the receipt given to You by Australia Post when making a payment are a tax invoice for the purposes of GST; and

(b)

You are responsible for obtaining a tax invoice from the Merchant.

5. PAYMENT PROCESSING

5.1

If You make payment on a Business Day at a post office which is an EPOS-equipped post office before cut-off time (4.30 p.m. Melbourne time), the payment will be processed by Australia Post overnight.

5.2

If you make payment on a Business Day at a non EPOS-equipped post office, your payment details will be transferred to an EPOS-equipped post office on the next business day that the receiving EPOS-equipped post office is open. The payment will be processed by Australia Post overnight following the Business Day on which the EPOS-equipped post office receives the payment.

5.3

If payment is made after 4:30 pm ( Melbourne time), or on a day which is not a Business Day, the above provisions will be applied as though the payment was made on the following Business Day.

6. NOTIFICATION OF ERRORS

6.1

If at any time You believe that any instruction to, or transaction made on, Pay it @POST is incorrect, or unauthorised, You should contact the Pay it @POST Customer Care Centre (telephone 13 18 83) as soon as possible. You agree to provide Us with as much information as We may reasonably require in order to enable Us to investigate Your query. Upon receipt of requested information, We will investigate and attempt to correct any reported errors as soon as reasonably possible.

7. SECURITY

 

You acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilising Pay it @POST will not be monitored or read by others.

8. WARRANTIES

8.1

Australia Post expressly disclaims all conditions and warranties, express or implied, in respect of the provision of Pay it @POST to You and Your use of Pay it @POST, including but not limited to any warranty that Pay it @POST will operate without errors or that it will be operational and available at all times. If any condition or warranty is implied into these terms pursuant to any legislation, and the legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or any liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms, provided that Australia Post's liability for breach shall, if the legislation so permits, be limited in the sole discretion of Australia Post to:

(a)

the re-supply of the services; or

(b)

the cost of re-supply of the services, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.

8.2

We will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential loss or damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in anyway connected with or arises out of Your use of Pay it @POST.

8.3

Without limiting Australia Post's rights referred to in sections and above, Australia Post and its employees, contractors and agents shall not be liable for any failure to perform their obligations if such failure arises from circumstances reasonably beyond their control. These circumstances include, but are not limited to, strikes, lockouts, riots, acts of war, epidemics, earthquakes, fires, floods, government action, communication line failures, power failures interruptions or shortages, failure of telecommunications systems, computer or processing systems failures.

9. GENERAL TERMS

Assignment:

9.1

You are not permitted without Our prior written consent to assign or transfer any of Your rights, duties or obligations under these terms. We may assign Our obligations under these terms to any related or successor corporation to Australia Post. We may also assign or subcontract certain of Our rights or responsibilities to independent contractors or other third parties at Our discretion.

Waiver:

9.2

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.

Governing Law:

9.3

These terms shall be deemed to have been made and entered into at Melbourne in the State of Victoria, Australia, and shall be governed by and construed in accordance with the laws of Victoria. The courts of Victoria shall have non-exclusive jurisdiction to decide any issue which may arise in relation to these terms.

Entire Agreement:

9.4

These terms constitute the entire agreement and understanding between Us and supersede any and all prior communications, representations, agreements or understandings between Us with respect to the subject matter of these terms. The information and statements contained elsewhere on Our website and any information and statements on the website of the Merchant do not form part of these terms and have not been relied upon by You.

Changes to Terms:

9.5

These terms governing the use of the Pay it @POST service are subject to change from time to time. You should check the current version of these terms before each use of the Pay it @POST service.

9.6

By using Pay it @POST after the effective date of a change You confirm Your agreement to the change. If You wish to do so, after the effective date of a change to these terms, You may terminate Your use of Pay it @POST by not using Pay it @POST or choosing not to complete a transaction by payment.