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AUSSIE MAILMAN TERMS AND CONDITIONS

  1. INTERPRETATION
    1. In this Conditions:
a.Address means the Customer's mailing address or other location where the Customer receives Articles that are the subject matter of the Service provided by Aussie;

b.Articles means all Articles addressed to the Customer received through the Australian Postal System to the Customer's Address and any instant or uncorrupted facsimile messages that Aussie receives on behalf of the Customer

c.Aussie means Liberty Blue Pty. Limited (A.C.N. 112 951 158) trading as Aussie Mailman and its servants agents and assigns.

d.Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in New South Wales;

e.Claims includes but is not limited to all actions, suits, causes of action, arbitrations, debts, dues, costs demands, interests, verdicts, orders and judgements either at law or in equity or arising under a statute;

f.Contract means these Terms and Conditions

g.Customer means you and includes your legal, personal representatives, successors and permitted assigns;

h.Membership Fee means the Fee payable by the Customer to Aussie applicable to the level of service;

i.Ongoing Expenses means the reasonable expenses incurred by Aussie to third parties of or incidental to Aussie providing the Services to the Customer;

j.Person includes individuals, partnerships, bodies corporate, companies, Unit Trusts, associations, Government and Governmental and Local Authorities and agencies;

k.Postage Deposit means the Fee payable by the Customer to Aussie in an amount applicable to the level of service selected by the Customer;

l.Service means the services at the level selected by the Customer which Aussie has agreed to provide to the Customer;

m.Bonuses or incentives are not to be combined unless specified.
  1. TERMS
2.1 During the Term Aussie will provide the Services to the Customer provided that the Customer is not in arrears of any payments of the nature and type referred to in Clause 3 or otherwise in breach of this Agreement.

 

2.2 The parties agree that as and from the date this Agreement ends (except for PPU clients), Aussie will for a period of seven (7) days ("the Period")if you are a monthly fee monthly client we will forward to the Customer's last known forwarding address all Articles received by Aussie during the Period for 25% of your monthly fee plus standard forwarding fees. Any Articles received by Aussie after the Period will be marked and despatched "Return to Sender".

2.3 After the expiration of the Period referred to in Clause 2.2, Aussie will refund to the Customer the balance of any unused Postage Deposit (being the Postage Deposit not expended in providing the Services) unless you are a PPU client.

2.4 You are not to use the address provided to you by Aussie to redirect mail to a different location unless you have express written permission and pay the necessary monthly fees and charges applicable.

2.5 During the period of your service agreement Aussie may vary the terms and conditions and doing so will not be in breach of the initial agreement.

2.6 You can request at any time a current terms and conditions to be either emailed or posted to you.

2.7 If the holding fees are in the negative then you authorise Aussie to sell any goods held to recoup all outstanding fees.

2.8 PPU customers setup fee is not refundable if the membership is cancelled.

2.9 PPU customers postal fees expire either from 12 months of making initial payment or when they are all used for our services.

 

  1. PAYMENT FOR SERVICES BY CUSTOMER
    1. Upon the Customer requesting Aussie to provide the Services in respect of the Articles delivered to the Address during the term, the Customer must pay to Aussie:-
      1. The Membership Fee;
      1. The Postage Deposit; and
      1. The Ongoing Expenses which Aussie reasonably anticipates it will incur to commence providing the Services to the Customer.
      1. The Customer must pay to Aussie upon demand all Ongoing Expenses.
  1. TERMINATION OF THIS AGREEMENT
      1. You are entitled to terminate this Agreement by serving not less than seven (7) days written notice of such termination with no refund of unused membership fee issued. The balance of your postal account is fully refundable.
      1. A termination by the Customer or by Aussie in circumstances where Aussie is not in breach of obligations imposed upon it by this Agreement will not operate to extinguish Aussie's rights to recover from the Customer any unpaid Service Fee, Membership Fee and/or Ongoing Expenses. The Customer will only receive a refund of the un-used monies in the Postal Deposit account if the termination was at their request.
      1. Aussie may terminate this Contract forthwith and without prior notice prior to the date of termination and keep all monies paid by the if the Customer:-
        1. The Customer uses the Service for and in connection with any criminal activity;
        1. The Customer is not entitled or authorised to receive the Articles;
        1. Any Article which contains items which are hazardous, dangerous, illegal, stolen or damaged and in the case of written Articles if any Article publishes material which in the absolute discretion of Aussie constitutes pornographic or defamatory material.
  1. CUSTOMER RELEASES AUSSIE
Provided Aussie complies with the obligations imposed upon Aussie pursuant to this Contract, the Customer hereby releases and discharges Aussie from all Claims which the Customer has now or may in the future have had against Aussie by reason of or in any way connected with the supply of the Services by Aussie to the Customer.

 

  1. CUSTOMER INDEMNIFIES AUSSIE
Provided Aussie provides the Services to the Customer in accordance with this Agreement, the Customer hereby agrees to fully indemnify and keep fully indemnified Aussie against all and any Claims by or on behalf of the Customer or any Person claiming under or by virtue of the Customer which may have arisen or may arise in the future by reason of or in any way connected with the provision of the Services to the Customer by Aussie.

Furthermore Aussie shall not be in default under the terms of this agreement nor liable for failure to observe or perform in accordance with any provision of this agreement for any reason or cause which could not with reasonable diligence be controlled or prevented by it, including without limitation, war, insurrection, riot, civil commotion, strikes, lock-outs, labour or industrial disputes, acts of God, acts of Government, flood or storm tempest, power shortages or power failure, inability to obtain sufficient labour, raw materials, fuel or utilities, Computer or internet failure. During this period of an incident or incidents of "Force Majeure" this agreement shall be suspended and delivery will recommence after the incident or incidents of "Force Majeure" end.

Also If the client arranges their own forwarding this at their own responsibility that the correct information is provided to the courier company there is a forwarding/handling fee for you using this method.

 

  1. GOVERNING LAW
    1. This Agreement is governed by the laws of New South Wales.
    1. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

 

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