Your access to and use of Australia Post’s eDeliver Delivery Rate Calculator("DRC") is subject to these terms ("Terms of Use"). Your use of the DRC constitutes your agreement to the Terms of Use.
In this document you and your refers to you and the entity, if any, with whom you are employed or represent and that entity’s employees, principals and agents.
The DRC
You may use the DRC to enable your customers to obtain estimates of delivery times and charges for parcels dispatched using the following Australia Post services:
Australia Post reserves the right to alter the DRC and these Terms of Use at any time at its sole discretion.
Your representations
Before using the DRC you must prominently post the statements contained below on your web site.
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INSERT YOUR TRADING NAME HERE accepts responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably do so by clicking the following box. In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.
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In the course of providing estimates of delivery times and charges to your customers you must not:
(a) make any references to Australia Post; or
(b) use any trade mark or trade name of Australia Post;
without the express written consent of Australia Post.
You must not do anything that will damage the reputation of Australia Post.
You must not make false or misleading representations about the DRC or Australia Post or its services.
You must not make representations, warranties or guarantees to your customers about the DRC or other Australia Post services that are inconsistent with the information Australia Post provides to you.
Your use of the DRC
Australia Post may, in its absolute discretion, determine that you are misusing the DRC. You must immediately correct such misuse of the DRC on notice from Australia Post. Refusal to correct such misuse could result in Australia Post notifying you that you can no longer use the DRC. On receiving such notice you must immediately cease using the DRC. Failure to comply with such a notice may result in legal proceedings being commenced against you.
Warranty
The delivery times and charges provided by Australia Post via the DRC are an estimate only and are based (among other things) on information supplied by you about the nature, dimensions and weight of goods, and by your customers about the goods’ destination. Postal services, delivery times and charges may vary from time to time including between the time the DRC is used and the time goods are delivered to Australia Post for carriage.
Delivery times and charges provided via the DRC are an estimate solely of Australia Post’s delivery times and charges for carriage of goods. You must ensure that any timing and pricing you communicate to your customers also accurately reflects your own timing requirements and your costs of sourcing, packing and insuring goods and delivering them to Australia Post.
Release and indemnity
To the maximum extent permitted by law, you waive any rights you may have against Australia Post in respect of any loss, liability or expense you may suffer or incur in connection with any loss of or damage to, or late delivery or non-delivery of goods ordered via your web site. Australia Post recommends that you consider insuring yourself against such loss, liability or expense.
To the maximum extent permitted by law, you indemnify Australia Post against any loss, liability or expense suffered or incurred by Australia Post as a result of a claim by your customers or any third parties relating to loss of or damage to, or late delivery or non-delivery of goods ordered via your web site.
You must enforce any release of Australia Post’s liability you obtain from your customers and agree to hold the benefit of any such release on trust for Australia Post.
Assignment
You must not assign your rights or obligations under this agreement without Australia Post’s prior written consent.
Governing Law
The Terms of Use are governed by the law in force in the State of Victoria, and you irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria and courts of appeal from them for determining any dispute concerning the Terms of Use or the DRC generally.
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