Terms and conditions
TERMS AND CONDITIONS OF USE The following information sets out the conditions of use, general disclaimer and copyright conditions of www.yellowpostie.com.au (“the Website”). Freerange Creative Pty Limited (ABN 17 081 492 711) (“Yellow Postie”) is the operator of the Website and can be contacted at firstname.lastname@example.org and 18 Glen Street, Eastwood NSW 2122. By accessing, viewing or using the Website, You: (a) acknowledge, accept and agree to abide by these terms and conditions of use. Yellow Postie provides the Website to facilitate the sale of Products but is not responsible for all Content and makes no representation or warranty that the Content is complete or up to date. If any Content is provided by Yellow Postie on the Website it uses its best endeavours to ensure at the time of publishing (as indicated by the published date of each section of the Website) that the Content provided by Yellow Postie was complete to the best of Yellow Postie’s knowledge.
- Dictionary “Administrator” means any representative of Yellow Postie who can create new accounts for members including You to have access to the Website; “AUD” mean the currency of the Commonwealth of Australia; “Content” means any information, art work, images, datatext, software, music, sound, photographs, graphics, video messages, prices, or other material; “Editor” means any representative of Yellow Postie who can update and maintain the Website;
“GST” means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature; “Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired;
“Intellectual Property Rights” means all rights, whether registrable, registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights;
“Member” means anyone who joins the Website by completing an online membership application form;
“Price” means the price of all products listed on the website which are all inclusive of GST;
“Primary Payment” means any payment by You to Yellow Postie of any fees or other amounts payable by You to Yellow Postie under these terms and conditions;
“Products” means anything displayed for sale on the Website;
“Tax Invoice” means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant primary payment; “We”, “Us” means Yellow Postie and the Website; “Yellow Postie” means the company Freerange Creative Pty Limited (ABN 17 081 492 711), its affiliates, business partners and their respective employees, officers, agents and contractors; “You” means any user of the Website including Members.
- Quality of the information
Yellow Postie has made all reasonable efforts to ensure that all Content provided by Yellow Postie on the Website is accurate and up-to-date. Yellow Postie is not responsible for the accuracy of any Content provided by You. However Yellow Postie cannot guarantee complete accuracy of the Content on the Website and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Website. To the extent permitted by law, Yellow Postie excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Website. You acknowledge that the use of the Website is entirely at Your own risk.
- Content compliance with Australian regulations only
Yellow Postie recognises the global nature of the Internet and also recognises that the sale of Products and the provision of services are subject to country-specific legislation with regard to the information which may be provided. Yellow Postie has used its best endeavours to ensure that the Content provided by Yellow Postie contained on the Website, with the services and in the Products comply with specific Australian legislation, regulations and codes of practice for the sale Products and the provision of the services. However, Yellow Postie takes no responsibility for the accuracy or legal compliance of the information provided by anyone but Yellow Postie. You acknowledge that You need to satisfy Yourself of the accuracy of any Content not provided by Yellow Postie before proceeding with a transaction.
- Third party liability
4.1 If You use the links to external websites available on this Website then You acknowledge that Yellow Postie has not reviewed and is not responsible for any information contained and accessed through any link provided on the Website. The links to these websites are made available by Yellow Postie for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those websites or the products or services offered by such websites, by Yellow Postie. Views or recommendations provided in the linked websites do not necessarily represent the views of Yellow Postie.
4.2 Yellow Postie accepts no responsibility or liability for information shown or advice given on these websites, whether or not these websites are hosted or otherwise affiliated with Yellow Postie. These terms and conditions extend to Your use of those websites. We recommend that You carefully read their terms and conditions for each website You visit from the links provided, including their privacy policies, especially if You are asked to supply personal information to those sites. The Website’s privacy applies solely to the information collected by this Website.
- Purchasing Online
5.1 Selecting a Product
When You find a Product on the Website which You would like to purchase, click the “Add to cart” button. By clicking the “Add to cart” button, the Product which You have selected in the quantity which you have selected will be added to Your shopping basket.
5.2 Product Description
We try to ensure that all of the Products shown on the website are accurately represented however slight variations in colour, type faces and layout may be experienced.
5.3 Purchasing a Product If You wish to clear Your cart, please click the “Clear cart” button located at the top of the page displaying the Products. If You wish to view Your cart, please click the “View cart” button located at the top of that page. When You are ready to make Your purchase please click the “Proceed to checkout” button If you are visiting our site in Australia, all prices quoted on the Website are in AUD and includes GST. Please note that we accept payment by the following credit cards: Visa, Mastercard and American Express Yellow Postie uses the payment gateway provided by www.ipayments.com.au which is an online credit card processor that uses technology to ensure that transaction details are protected and cannot be read over the Internet. Your full credit card details are received and processed only by www.ipayments.com.au. All orders are subject to acceptance and availability. We reserve the right to refuse an order for any reason whatsoever. Please ensure that all information entered on our website is correct and accurate. We cannot make any changes or change the delivery address once you have placed your order. Once you place your order, your credit card will automatically be debited and you will receive an order confirmation. Prices listed on the Website are current at the time your order has been placed. The prices can change from time to time. 5.4 Delivery Charges The total cost of the amount debited to you card will be the price of the Products at the time the order is placed plus any applicable shipping fee. 5.5 Our responsibility We accept responsibility of any loss of, damage to, late delivery or non-delivery of goods ordered from our website. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to the loss of, damage to, late delivery or non-delivery of any goods you order from this website and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably do so by purchasing from Us. 5.6 GST (a) If we are liable by law for any GST on any Primary Payment, You must pay to us the amount of the GST. (b) You must pay to us an amount in respect of any GST that You are required to pay under this Agreement:
(i) at the same time; and (ii) in the same manner, as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
(c) If we refund to You any amount under this Agreement, we must also refund You an amount in respect of any GST that You paid in respect of that amount.
5.7 Product Availability
We update the availability information about the Products regularly. However, from time to time a Product may become unavailable between updates of availability information.
5.8 Draw Down of Cash and Credit Balances
At the point of online checkout out website will check your balance of Prepay Credit. Any applicable products will be paid for by first drawing down the Prepay balances.
5.9 Account Balance Any payment made on account by you is deemed as a payment for products to be ordered from us. After the Initial Refund period specified in clause 5.1 a liability to you will be to provide you with products ordered by you to the value of your account balance. 5.10 Account Balance Refunds We will provide an account balance refund in the following circumstances: (a) If you receive a defective product which has been returned in accordance with our defective products return policy, you can then request a refund of your prepaid balance; (b) If you change your mind after making a payment on account you may request to refund by calling our customer services department 02 9874 2212 within fourteen (14) days of that particular transaction. All refunds can only be made to the credit card account used in the original transaction. 5.11 Balance Reminders and Expiry of Inactive Account Balances (a) If you do not place any orders for a six month period from the date of your last transaction we will send an e-mail to the e-mail address specified in your account details to remind you of your balance. This will be repeated at twelve (12) months and eighteen (18) months; (b) When the period of twenty four (24) months has past from the date of your last transaction with no orders placed we will assume that your account is no longer active and the prepaid balance will expire.
5.12 Credit Card Transactions You Credit Card details are transferred directly to our payment service provider www.ipayments.com.au for immediate authorisation and are not recorded or stored in our database. Once we have received authorisation from the payments service provider we will confirm your order by e-mail.
- Use of Products 6.1 Some of the products you may purchase on the website may include Content we have licensed from third parties except for the limited use set out below you may not use the website or the material contained on it for any purpose. This involves: (a) the reproduction of the Content in any material form; (b) the distribution of the Content in any material form; (c) the retransmission of the Content by any medium of communication; (d) uploading or reposting the Content to any other site on World Wide Web; (e) framing the Content with other material on any other website; The above purposes are unlawful in any jurisdiction and are specifically prohibited by these Terms and Condition of Use. 6.2 Not withstanding the above restrictions on the use of the Content, if you have purchased a Product which includes third party content you may use that content for the purpose for which you bought it as part of the particular Product to which it is provided you do not remove any copyright and trade mark notices contained on that Product. 6.3 You may not modify or copy: (a) the layout of the website; (b) any computer software and code contained in the website; (c) any of the products or licensed third party content included in the product. 6.4 We reserve all Intellectual Property Rights including but not limited to copyright in the material, the content and the products provided. The material provided on the website is provided for personal use only and may not be: (a) resold or redistributed in any material form; (b) stored any storage media; and (c) retransmitted any media without the prior written consent of Us.
- Security of the Website
7.1 The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. Yellow Postie accepts no responsibility or liability for interference with transmissions or any consequent loss or liability suffered by You.
7.2 Yellow Postie has implemented security measures to provide You with peace of mind when You purchased Products from the Website. When You place an order on the Website, You will be redirected to an SSL secure page hosted by I Payments where You will be able to enter Your credit card details securely. This method of ordering Products or services from the Website ensures the security of Your credit card details, as these details are submitted directly from Your browser to the I Payments service, which only has a truncated version of Your credit card details.
7.3 You can obtain further technical information about I Payments by visiting the I Payments Website www.ipayments.com.au.
7.4 We do not, at any time, have access to Your credit card details when You place an order on the Website. 7.5 If You are uncomfortable using Your credit cards online, we also accept payment by money order, cheque (from Australian banks only).
7.6 We use our best endeavours to protect all information You provide us at all times, but we cannot be responsible for unauthorised access to that information.
7.7 In order to improve the service offered to you by the website technology may be used to track all the patterns of behaviour of visitors including you to the website and to help personalise the content displayed to you form the website. This can include using a cookie which would be stored on your browser.
7.8 We appreciate that many people use the same password for all the internet account and therefore this information is very sensitive. For this reason your password remains encrypted and we do not have access to it. If you have forgotten your password we can send you a new temporary password. You are then able to access your account and change the password to something that you will remember.
- Limitation of Liability
8.1 To the extent permitted by law, Yellow Postie excludes (and to the extent that such exclusion is prohibited, limits to the maximum allowable extent) any and all loss, costs, damages or expenses of whatsoever nature (whether direct, indirect, incidental, consequential or otherwise) including, but not limited to, loss of profits, loss of savings or other incidental or consequential damages arising out of, relating to or connected in any manner whatsoever with Your use of the Website. In the event that such liability cannot be excluded, Yellow Postie limits its liability to, at its option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired;
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
8.2 To the extent permitted by law, Yellow Postie is not responsible for any service or good provided by a third party supplier.
8.3 We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute
- The Content of the Website and its affiliates is copyright
9.1 All rights in the Website are reserved by Yellow Postie. In particular, no alterations, additions or adaptations of this Website publication are permitted by any company outside Yellow Postie without written consent from the Editor.
9.2 Yellow Postie makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, Yellow Postie apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Website, please contact Yellow Postie in writing and the Website will be amended.
9.3 This Website may display photographs and images that are posed by models and in no way does Yellow Postie or its affiliates suggest that the people portrayed in those images are linked to any produce or service advertised on the Website.
9.4 You may, for your own private non-commercial use, download and print an advertisement from the Website. This is the only permitted use you have for any Content on the Website, subject to the fair dealing purposes set out in the Copyright Act 1968 (Cth).
- Website linking policy
10.1 Other websites are welcome to link pages in the Website, provided that permission is sought by those websites prior to any linking occurring. If permission is granted by the Editor for linking, the linking can occur, provided that no attempt is made to pass off the Content of the Website as the property of the linking website.
10.2 We do not grant permission for anyone to copy the Content of the Website to their own web pages without the prior written consent of Yellow Postie.
- General Terms
11.1 You agree that these terms and conditions and Your access to the Website are governed by the laws of New South Wales and You agree to submit to the exclusive jurisdiction of the Courts located within the State of New South Wales for any disputes.
11.2 You acknowledge that these terms and conditions constitute the entire agreement between You and Yellow Postie and govern Your use of the Website superseding any prior agreement between You and Yellow Postie.
11.3 You may also be subject to additional terms and conditions that may apply when You use or purchase other services from Yellow Postie.
11.4 The failure of Yellow Postie to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions shall remain in full force and effect.
- Your Conduct
12.1 You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You are responsible for all Content that You upload, post, email, transmit or otherwise make available via the Website. Yellow Postie does not control the Content posted by You via the Website, and as such does not guarantee its accuracy, integrity or quality. You understand by using the Website You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yellow Postie be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
12.2 You agree not to use the Website to:
(a) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or ethnically otherwise objectionable.
(b) Upload, post, email, transmit or otherwise make available any Content that harms minors in any way, harms children in any way.
(c) Upload, post, email, transmit or otherwise make available any Content that impersonates any person or entity including, but not limited to a Yellow Postie representative, or falsely states or otherwise misrepresent Your affiliation with a person or entity.
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website.
(e) Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or contractual or fiduciary relationship.
(f) Upload, post, email, transmit or otherwise make available any Content that infringes any Intellectual Property Rights of any other party.
(g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional material, junk mail, spam, chain letters, pyramid schemes, bulk emails or any other form of solicitation.
(h) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(i) Interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures or policies or regulations of networks connected to the Website.
(j) Intentionally or unintentionally violate any applicable local, state, national or international law.
(k) Stalk or otherwise harass another.
(l) Collect or store personal data of other users.
(m) You confirm that any content which includes information, images of people you have obtained all necessary consents and waivers from those people for the display of this information on the Website.
(n) You acknowledge that Yellow Postie may not pre-screen Content provided by You, but Yellow Postie retains the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing Yellow Postie has the right to remove any Content provided by members that violates the terms and conditions or are otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content provided by members, including any reliance on the accurateness, completeness or usefulness of such Content provided by You.
(o) You acknowledge that by disclosing information in accordance with the terms and conditions of use for the Website you are indemnifying the Website and Yellow Postie from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.
12.3 You acknowledge, consent and agree that Yellow Postie may access, preserve or disclose Your personal information in Content if required to do so by law, or in good faith believes that such access, preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce the terms and conditions the servers seek;
(c) Respond to any claims that any Content violates the rights of third parties;
(d) Respond to Your request for customer service; or
(e) Protect the rights and property of Yellow Postie and its users.
12.4 You understand that technical processing and transmission of the Website including Your Content may involve:
(a) transmissions over various networks; and
(b) Changes to conform to technical requirements of connecting networks or devices.
12.5 You understand that the Website may include security components that permit digital materials to protect it and the use of these materials is subject to usage rules set by Yellow Postie. You may not attempt to override or circumvent any of the usage rules embedded in the Website. Any unauthorised reproduction, publication, further distribution or public exhibition of materials provided on the Website in whole or in part is strictly prohibited.
- Membership Rules
13.1 As You are aware, there are certain parts of the Website which are restricted to member only access.
13.2 If You wish to become a member You will need to complete the online registration form.
13.3 As a member, You will receive a password, user name and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of Your user name, the password and account and You are fully responsible for all activities that occur under Your user name, password and account. You indemnify Yellow Postie from any loss or damage You suffer if there is any unauthorised access to Your account.
13.4 You agree to:
(a) immediately notify the relevant third party of any unauthorised use of Your password or account or any other breach of security; and
(b) ensure that You exit from Your account at the end of each session.
13.5 Yellow Postie cannot, and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
13.6 Anyone may apply to become a member of the Website.
13.7 Any applicant will need to complete the online application form which is available from time to time on the Website.
- Changes to Terms and Conditions 14.1 Yellow Postie reserves the right to change these terms and conditions from time to time to reflect any changes in its business. 14.2 Yellow Postie may also be required to change these terms and conditions for security reasons, for technical infrastructure reasons, or if required by law. 14.3 Yellow Postie will change these terms and conditions at any time by posting the updated terms and conditions on the Website and by posting a notice to You on our home page. It is Your responsibility to be aware of any changes to these terms and conditions.
- Administrators Administrators are also bound by these terms and conditions of use, and every time an Administrator creates a new account to access the restricted member only area of the Website (“the Extranet”), the Administrator agrees to be bound by these terms and conditions of use and will make each account-holder aware of his or her obligations under these terms and conditions of use.
© Freerange Creative Pty Ltd, Australia 2009. This publication is copyright. Subject to the provisions of the Australian Copyright Act 1968 and its Amendments, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means (including electronic, mechanical, microcopying, photocopying, recording or otherwise) without the written permission of the publisher.
Published by Freerange Creative Pty Ltd
Telephone: 02 9874 2212
Last revised: 22/02/2018 Email: email@example.com