Website Terms of Access and Use

The following terms and conditions (these Terms) set out the terms and conditions on which any website that is owned by, or operated by or on behalf of, Quadient Oceania PTY Ltd (ACN 072 349 949) (Quadient Oceania ) or Quadient Oceania S.A. (a company incorporated in France) (Quadient France) or any subsidiary of Quadient Oceania or Quadient Oceania France, that is available by means of the Internet in Australia including, without limitation, at the domain name www.neopost.com.au, www.neopostgraphics.com.au, www.neopostonline.com.au or any sub-domains related to those domain names (collectively referred to as this Website), may be accessed and used.In these Terms the expressions ‘we’, ‘us’ and ‘our’ refers to Quadient Oceania or Quadient Oceania France or both, as the context may require, and we refer to the person who accesses or uses this Website as either ‘you’ or ‘your’, as the context may require.  This Website may only be used by you in accordance with these Terms.  Your access to or use of this Website constitutes your agreement to be bound by these terms.

The materials and content on this Website is copyright © 2006-2017 Quadient Oceania, Quadient Oceania France and other copyright owners. This Website contains intellectual property, including, without limitation, software and materials belonging to Quadient Oceania, Quadient Oceania France and others.

1.1 This Website contain content and information that may include, without limitation, software, text, programs, interactive facilities, graphics, animation, sounds, music and video (Content). Some Content may be arranged into, without limitation, web pages, documents, forms, articles and any other materials whatsoever (Materials). Some Content is capable of transfer or download by any person accessing this Website.

2.1 Your access to and use of this Website, Content or Materials is conditional on your acceptance of these Terms without alteration or erasure. If you do not accept these Terms you must immediately cease all, and desist from any future, access to or use of this Website, the Content and the Materials.

2.2 YOUR ACCESS TO OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.  By accessing, or by continuing to access, this Website or by using any Content or Materials you acknowledge and agree that you are bound by these Terms without any restrictions, alterations or amendments whatsoever.

3.1 All Content and Materials provided on and through this Website may only be used in accordance with these Terms.

3.2 In consideration for your acceptance of these Terms, we grant you a revocable, non-exclusive, non-transferable licence to access, use and reproduce the Materials in accordance with, and subject to, these Terms.

3.3 The Content may, at our sole discretion from time to time, include materials that have been created by or for third parties. All such materials are reproduced on this Website for your information and convenience only and are not intended to replace or be used in substitution for information or materials provided by their authors, creators or publishers.

4.1 We may require you to provide ‘personal information’ (as that expression is defined in the Privacy Act 1988) to us in order to access or use certain features or functions on this Website including, without limitation, the payment function, the warranty registration function and to set up or access your account.  You irrevocably consent to the collection, use and disclosure of your personal information by us or on our behalf:

(a) in accordance with applicable privacy laws in Australia and the privacy policy published by us on our Website (if any), from time to time (the Privacy Policy); and

(b) to enable us to:

(i) perform our obligations to third parties;

(ii) provide you with goods or services from time to time;

(iii) provide facilities that enable you to pay us for goods or services that you purchase from us;

(iv) collect money that you owe us;

(v) communicate with you or to send you information that you have requested; or

(vi) provide you with information about our goods or services or offer to provide goods or services to you from time to time.

4.2 The Privacy Policy must be read in conjunction with, and forms part of, these Terms. In the event that there is any inconsistency between these Terms and the Privacy Policy, these Terms shall prevail to the extent of that inconsistency.

4.3 In the event that you wish to establish an account on this Website (Account), you will be asked to select a unique username and password (your Login) for that Account and to provide us with certain personal information.

4.4 If you select a Login and proceed to establish an account, you agree that:

(a) your Login and Account both remain our sole and exclusive property at all times;

(b) an Account is provided by us at our sole discretion and must be used in accordance with and subject to these Terms;

(c) your Login is required to access your Account;

(d) your Account may record information about the goods you have viewed on this Website and personal information you have provided to us;

(e) we may use any information in your Account to enable us to provide you with other information, goods or services from time to time;

(f) the Login is non-transferable;

(g) you must not:

(i) use your Account for any purpose other than to enable you to view, organise or purchase goods or services from us;

(ii) disclose the Login to any other person;

(iii) provide any false or misleading information to us that we use or rely on to establish an Account;

(iv) create a Login or Account for any other person except your employer if your employer intends to purchase goods or services from us by means of this Website;

(v) attempt to sell, offer to sell, sell or license your Login or Account to any person; or

(vi) authorise or, through your conduct, allow any third party to use your Login or Account;

(h) you shall keep the details of the Login safe and confidential; and

(i) you accept all liability, without limitation, for any activities whatsoever conducted using your Login or Account.

4.5 You agree that we may, from time to time and in our sole discretion:

(a) revoke, vary, suspend, delete or cancel your Login or your Account or both;

(b) carry out maintenance or other work on this Website, that may limit or deny access to you; or

(c) limit or deny access to this Website, any section or any part of this Website including your Account, for any reason and at any time or from time to time.

5.1 You agree that we may store certain information on your computer including, without limitation, cookies, that assists or enables us to provide access to this Website and to the features and functionality of this Website.

5.2 You acknowledge and agree that:

(a) this Website may contain software or other materials that are intended to provide you with Content for information only;

(b) your sole purpose for accessing this Website or using the Content is to view the information in the Content as provided by us from time to time and you acknowledge that this Website and the Content is unsuitable for any other purpose;

(c) this Website may contain facilities whereby you may submit answers to questions or provide other information, comments, questions or text to us (Your Information);

(d) Your Information may be used by Quadient Oceania to assess or evaluate how Quadient Oceania may provide you with further information, goods or services;

(e) any of Your Information that is personal information will be subject to clause 4.1; and

(f) we may collect, retain, use and disclose any of Your Information that is not personal information at our sole discretion.

5.3 You authorise us to use Your Information in the manner facilitated or contemplated by this Website and these Terms and irrevocably consent to collection, retention, use and disclosure by Quadient Oceania of Your Information in accordance with these Terms.

5.4 Without limiting the generality of clause 5.3, you irrevocably consent to the disclosure by Quadient Oceania of Your Information to any third party for any reasonable purpose in connection with or as contemplated by this Website including, without limitation, to:

(a) report to that third party in respect to Your Information; or

(b) to enable that third party to assess or evaluate Your Information.

5.5 You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to use and amend Your Information in connection with our business, in any material form whatsoever, or as the functionality of this Website allows and these Terms permit.

5.6 You agree and acknowledge that we may amend, edit or delete Your Information at any time, from time to time and for any reason whatsoever without prior notice to you.

5.7 You agree, acknowledge and warrant that:

(a) Your Information shall not contain any material that is subject to copyright or any other third party proprietary rights including, without limitation, rights in relation to trade secrets, privacy or publicity unless you are the owner of all of those rights or have authorisation from the rightful owner of those rights to transfer or provide that material to us and to grant us a licence to use that material on and subject to these Terms;

(b) Your Information must not:

(i) contain words or expressions that are, in our reasonable opinion, inappropriate;

(ii) contain any racist, defamatory, obscene or threatening material; or

(iii) depict or refer to acts of violence or unlawful acts, spread hatred against any person or group, vilify any person, people or religion, or, in our reasonable opinion, cause offence or harm to any person or group of people; and

(c) we may retain, for any use permitted by these Terms, a reproduction of Your Information after you have sought to delete Your Information from this Website or have ceased accessing or using this Website.

5.8 You agree that you must not:

(a) introduce or, through your actions or inaction, allow any virus, worm, Trojan-horse or any other malicious code whatsoever to be introduced into this Website, the Content or our systems;

(b) in connection with your use of this Website, do, or aid, abet or solicit the doing of, anything unlawful including, without limitation, the breach of these Terms;

(c) mislead, misinform or deceive any person in connection with your access to or use of this Website and the Contents;

(d) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content;

(e) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users of this Website;

(f) use any software, device, or manual process to monitor or copy this Website or the Content without our prior written permission. Any unauthorised use of this Website or its Content is prohibited. Without limiting the generality of this clause you must not cache the Content of this Website without our consent;

(g) use any Content, or this Website, to cause offence, harm, injury, hurt, damage or loss of any kind whatsoever to us or to any other person;

(h) use any Content, or this Website, in a manner or in a context that is, in our reasonable opinion, defamatory, racist, obscene, or that depicts acts of violence or unlawful acts, or that may spread hatred against any person or group, or that vilifies any person, people or religion, or that may cause offence or harm; or

(i) modify, mimic or copy:

(i) the layout of this Website; or

(ii) any computer software or code contained in this Website.

6.1    You agree and acknowledge that:

(a) we own or licence and reserve all intellectual property rights, including, but not limited to, copyright in the Materials, the Content or services provided by this Website; and

(b) the Content and this Website are protected by copyright, trademark, patent or other proprietary rights and laws.

6.2 Except as expressly provided in these Terms, nothing set out in these Terms shall be construed as conferring any licence or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights to you or to any other person.

6.3 Except for the limited use set out in clause 7 or unless we have given you our prior express written consent, you must not use this Website or the Content, for:

(a) the reproduction of the Content in any material form;

(b) the distribution of the Content in any material form;

(c) re-transmission of the Content by any medium of communication;

(d) uploading or reposting the Content to any other site or location accessible by means of the Internet, other service or bulletin board; or

(e) framing the material on this Website with other material on any other World Wide Web site or location, on-line service or bulletin board.

7.1 Notwithstanding the restrictions on use of the Website or the Content referred to in clauses 6 and 5.7 and subject to the terms of the licence granted to you under clause 3.2, you may make temporary electronic copies of the Content that are necessary to browse this Website and you may download and print Content or Materials from this Website for non-commercial personal use or non-commercial use within your business, provided that you do not remove any copyright or trade mark notices contained on or in the Content or Material where:

(a) those copyright or trade mark notices are owned or controlled by us or by third parties; or

(b) the Content, Materials or this Website expressly provide that those copyright or trade mark notices are not to be removed.

7.2 If you wish to use the Content for any use other than personal non-commercial use or non-commercial use within your business, you must first purchase a license from us that permits that form of use.

7.3 In this clause 7:

(a) non-commercial use means use that is not for monetary reward; and

(b) use for monetary reward includes, without limitation, use for sale, resale, loan, transfer, hire or other form of commercial use.

8.1 This Website may, at times or from time to time, contain links to sites on the World Wide Web owned and operated by third parties and which are not under our control (the External Web Sites).

8.2 In relation to External Web Sites, which are linked to this Website, we:

(a) provide the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by us of the External Web Sites;

(b) are not responsible for the material contained on those External Web Sites; and

(c) make no warranties and accept no liability (other than liability we are not lawfully able to exclude) in relation to material contained on those External Web Sites.

9.1 Subject to clause 9.2, you acknowledge and agree that:

(a) this Website is provided on an ‘as is, as available’ basis;

(b) the Content is intended to provide general information only and you must not rely on any of the Content without first making independent enquiries to verify facts and the suitability of the Contents to your circumstances;

(c) the Content and this Website are not intended to, and do not, contain or constitute legal or financial advice and you must not use or rely on the Content or this Website as a substitute for legal or financial advice that relates to your circumstances;

(d) the views expressed in the Content are not necessarily our views;

(e) the expression of a view on this Website does not imply endorsement of a product or service;

(f) this Website may be interrupted for maintenance and repairs, or for any other reason and access to any Content cannot be, and is not, guaranteed;

(g) the Website or Content, or both, may not be accessible, or in a form that is conveniently accessible, by you and, in the event that you are unable to conveniently access the Website or Content, we have no obligation whatsoever to make available the Website or Content to you; and

(h) in making this Website and Content available to you for you to access and use, Quadient Oceania is relying on your acceptance of, and agreement to, these Terms without alteration, erasure or amendment.

9.2 Nothing in these Terms restricts, modifies or excludes any rights you have, or obligations that we have, that cannot be lawfully restricted, modified or excluded.

9.3 Subject to clause 9.2 and to the fullest extent permitted by law, our liability in connection with providing any services to you by means of this Website is limited at our option to either supplying the services again or paying the cost of having the services supplied again. 

9.4 Subject to clause 9.2, you agree and acknowledge that our liability for anything in relation to this Website, the Content and the Materials and their use including, without limitation:

(a) damage or economic loss to anyone;

(b) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content, the Materials or on any External Web Sites; and

(c) the acceptability, merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Content, the Materials or on any External Web Sites,

is limited as much as it lawfully can be. 

9.5 Subject to clause 9.2, we are not liable to you or any other person, whether in contract, tort (including negligence), under any statute (to the extent permitted by that statute) or otherwise for, or in respect of, any direct, indirect or consequential loss or damage (including loss of profits, loss of revenue, loss of anticipated savings, pure economic loss, loss of opportunity or expectation loss) or any special, punitive or exemplary loss or damage incurred or suffered by you and arising out of any breach or other act or omission by us in connection with your use of this Website, nor for any amounts payable under obligations of indemnity or restitution or other entitlements you may have to compensation.

9.6 Subject to clause 9.2, you acknowledge and agree that Quadient Oceania does not warrant, guarantee or make any representation that:

(a) this Website, the Content, the Materials, or the server that makes this Website available on the Internet are free of software viruses or malicious code;

(b) the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or

(c) errors or defects in this Website or the Content will be corrected.

9.7 You acknowledge and agree that this Website, the Content and the Materials are intended for access and use within the Commonwealth of Australia.  Access to and use of this Website, the Content or the Materials by any person outside of the Commonwealth of Australia is, to the fullest extent permitted by law, at that person’s own risk.

10.1 You acknowledge and agree that other terms and conditions, such that we may from time to time require, shall apply in connection with any goods or services that you purchase from us and, in the event that you purchase goods or services from us, you warrant that you shall accept those other terms and conditions without reservation, amendment or erasure.

11.1 You must at all times indemnify, keep indemnified, defend and hold us and our respective officers, employees, resellers and agents (referred to below as Those Indemnified) harmless from and against any costs, expenses, fees, losses, damages (including reasonable legal costs and expenses) or liabilities incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(a) your actions, inaction or negligence;

(b) any breach of these Terms by you;

(c) a breach of a warranty given by you under these Terms; or

(d) your use of or reliance on the Materials or the Content other than as expressly provided under these Terms.

12.1 You acknowledge and agree that we may terminate or suspend access to this Website at any time, or from time to time, without giving any explanation or justification for the termination of access.

13.1 If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable, and will be severed, from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions which shall continue in full force and effect.

13.2 These Terms will be governed by and interpreted in accordance with the law of the State of New South Wales in the Commonwealth of Australia, without giving effect to any principles of conflicts of laws.

13.3 You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales, the Federal Court of Australia and any Court with jurisdiction to hear appeals from those Courts, to determine any dispute arising out of these Terms.

14.1 The disclaimers, limitations on liability and indemnities in these Terms continue despite termination of the licence granted under clause 3.2 or discontinuation or suspension of your access to this Website.

14.2 Our failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing.  A single or partial exercise or waiver of a right under these Terms does not prevent any other exercise of that right, or the exercise of any other right.

14.3 You agree that we may, at our sole discretion, amend, vary or replace these Terms from time to time and you agree that we may notify you of those changes by publishing or displaying a copy of these Terms, with those changes, on this Website.

14.4 These Terms record the entire agreement between you and us in connection with your access to and use of this Website, the Contents and the Materials and supersede and prevail over anything else that has been communicated between you and us or is referred to in any document containing terms or conditions that you give us from time to time.