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Terms of Use

Terms of Use

Terms and Conditions of Use. Copyright © 2012 Pitney Bowes Software Pty Ltd and Pitney Bowes Australia Pty Ltd (collectively, “Pitney Bowes”). All rights reserved. Any person authorised is hereby at liberty to view, copy, print and distribute this document subject to the following conditions:

  1. This document may be used for informational purposes only.
  2. The document may only be used for non-commercial purposes.
  3. Any copy of this document or portion thereof must include this copyright notice.

Note that any product, process or technology described in the document may be the subject of other Intellectual Property rights owned by Pitney Bowes and/or its licensors, and are not licensed hereunder.

This publication is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranty as to the satisfactory quality (and/or merchantability), fitness for a particular purpose or non-infringement we do not warrant that materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.

This publication may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the publication. Pitney Bowes may make improvements and/or changes in the product(s) and/or the program(s) described in this publication at any time.

1.Terms of use; acceptance of contract terms.

The following are terms of an agreement between you and Pitney Bowes Australia Pty Ltd and Pitney Bowes Software Pty Ltd (collectively, "Pitney Bowes"). By accessing, browsing or using www.pitneybowes.com.au ., any Pitney Bowes website, any related blog, and/or your extranet site (collectively, the "Site") you acknowledge that you have read, understood and agree to be bound by these terms and the terms of our privacy policy. If you do not agree to these terms and/or to the terms of the privacy policy, please do not use the Site. Users should check these terms of use and the privacy policy periodically. By accessing, browsing or using the Site after these terms of use and/or the privacy policy are revised, you agree to accept those revisions.

2.Users.

Users agree to provide the Site with accurate information in connection with the purchase of any product purchased or obtained via the Site and in connection with the "Create a Profile" and to maintain and update such User Information as necessary. With regard to the content of any submissions you make through this Site, you agree to remain solely responsible, and agree to not submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this Site that violates any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

3.Product/Service terms of use.

Certain Pitney Bowes products and services available through the Site may have their own terms of use. You agree to be bound by the terms of the applicable rental, purchase, licence agreement and/or lease agreements with Pitney Bowes relating to the rental, purchase, licence and/or lease of any products or services via this Site. You agree that in the event of any conflict between these terms of use and the terms of your rental, purchase, licence agreement and/or lease agreement, the terms of the rental, purchase, licence agreement and/or lease shall control.

4.Data Usage.

Pitney Bowes may use information that is recorded about Users or submitted by Users and aggregated into groups so that it no longer reflects or references an individually identifiable user, for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create, refine, and improve Pitney Bowes and Pitney Bowes affiliates’ products and services.

5.The Site.

Pitney Bowes reserves the right, in its sole discretion, to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time, with or without notice.

6.Links to Other Sites.

The Site may contain links to other sites hosted and/or maintained by third parties. Pitney Bowes shall not be responsible for the content of any third party sites that may be linked to or from www.pitneybowes.com.au .. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Pitney Bowes does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.

7.Territorial Coverage.

The Site provides listings of a wide range of Pitney Bowes’ products and therefore may contain references or cross references to particular products and services that are not readily available in any particular country. Any such reference does not imply that Pitney Bowes in any particular country intends to market such products or services. All actions resulting from a search of this data must be related to solutions using only products and services announced by Pitney Bowes in any particular country. In particular, Pitney Bowes makes no claim for the accuracy of product information on this Site with regard to any country outside Australia.

8.Indemnification.

You agree to indemnify and hold harmless Pitney Bowes, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable legal fees, arising out of your use of the Site, your breach of these terms of service and/or your infringement of any intellectual property right(s).

9.Disclaimer and Limitation of Liability.
  • Pitney Bowes assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. Pitney Bowes disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any information which is posted to the Site by any third party, including without limitation, information posted on any related blog.
  • Exclusion of implied conditions. All conditions, terms and warranties that are or might otherwise be implied by law, practice, trade usage or international convention, are excluded to the fullest extent permitted by law.
  • Competition and Consumer Act 2010 (Cth) etc. limits. Provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law Pitney Bowes’ liability under those provisions is limited as follows. Pitney Bowes’ liability is limited, at its option – in the case of goods, to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and in the case of services, to supplying the services again or the payment of the cost of having the services supplied again.
  • SUBJECT TO CLAUSE 9(F), PITNEY BOWES SHALL NOT BE LIABLE IN ANY EVENT, REGARDLESS OF THE CAUSE, FOR ANY: (I) LOSS OR DAMAGE TO PROFITS, CONTRACTS, BUSINESS, ANTICIPATED SAVINGS OR OPPORTUNITIES; OR (II) ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • SUBJECT TO CLAUSES 9(D) AND 9(F), IN NO EVENT SHALL PITNEY BOWES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE AUSTRALIAN DOLLAR (A$1.00).
  • Nothing in these Terms & Conditions of Use shall exclude or restrict Pitney Bowes’ liability for: (i) death or personal injury; (ii) fraud; or (iii) any other cause of action which cannot be limited or excluded under applicable law.
10.Trademarks and Copyrights.

The trademarks, service marks, logos and trade dress of Pitney Bowes used on the Site are the intellectual property of Pitney Bowes and its affiliates and subsidiaries in the United States and throughout the world (collectively "Marks"). All third party trademarks on the Site are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Pitney Bowes. Those uses that are authorized must comply with Pitney Bowes' trademark usage guidelines (provided when necessary upon request). The images, text, organization and layout (collectively "Materials") of the Site are the exclusive property of Pitney Bowes and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions, Pitney Bowes does not authorise any downloading, distribution or republication of any Materials on the Site, without prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner's permission. Pitney Bowes will enforce its intellectual property rights to the fullest extent permitted under the law.

11.Waiver.

Pitney Bowes' failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.

12.Choice of Law and Jurisdiction.

These Terms and Conditions are governed by the laws in force in New South Wales, Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts located in Sydney, Australia and any Courts which may hear appeals from those Courts in respect of any proceedings in connection with these conditions and the Legal Notices or in relation to your access and use of this Site or its contents.

13.Registration.

Pitney Bowes Software Pty Ltd is registered in New South Wales, Australia under ACN 070 492 410; and has its registered office located at Level 7, 1 Elizabeth Plaza, North Sydney, 2060 Australia.

Pitney Bowes Australia Pty Ltd is registered in New South Wales, Australia under ACN 001 475 921; and has its registered office located at 95 St Hillier Road, Auburn 2144 Australia.

Data Products Disclaimer

Disclaimer: While every care is taken to ensure the accuracy of the data within this product, Pitney Bowes and the owners of the data do not make any representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaim all responsibility and all liability for all expenses, losses, damages and costs which might be incurred as a result of the data being inaccurate or incomplete.