SPONSORED MESSAGES ADDENDUM
COPYRIGHT POLICY ADDENDUM
Last updated: 31 August 2020
1. Construction, Eligibility and Access
(a) These terms and conditions
apply to your use of the Service, associated Website and App. In using the Service, visiting our website and/or
registering an Account with us, you agree to be bound by these terms (Terms).
(b) We may amend these Terms
from time to time. Amendments will be effective immediately upon notification on our Website, the App or us
making publicly available through our Service. Your continued use of the Service and your Account following such
notification or us making the amended terms available will represent an agreement by you to be bound by the
Terms as amended, even if the App is not downloaded or installed.
(c) The Terms of these Terms will remain
in full force and effect until your right to use the Service ends (for whatever reason) and these Terms will
automatically be terminated upon you ceasing to hold this right (save for those terms which are intended to
(a) To be eligible to use the Service and accept the Terms, you must:
(i) not be under the
age of 13 years of age. We may deny account registration if we do not consider that you have satisfactorily
verified your age. If you are not old enough to have authority under applicable law, to agree to our Terms in
your country, your parent or guardian must agree to our Terms on your behalf.
(ii) be a legal person
(subject to definition in that jurisdiction).
(iii) provide your address, mobile phone number and details
of the Address you are seeking to claim.
(iv) complete a verification process (as determined by us) to
confirm you have the right to claim the address you are seeking to register as a GPost Email.
that all the information you have provided to us is true and correct and must not share your Account or claimed
email address with anyone else.
(vi) have your location settings enabled when you’re using the
Service and allow us to have access to this information.
(vii) notify us immediately if any of your
personal information changes or if you move from the address.
Access to Service
(a) Your right to use and access the Service is conditional upon your acceptance and
compliance with these Terms. If you do not accept these Terms, you must not create an Account and must refrain
from using the Service.
(b) You agree and acknowledge that Addresses may have multiple Claimants.
Account has the meaning given in clause 4;
Address means an address
that a person has a Permitted Claim to (as determined by GPost from time to time) and which is capable of being
registered as a GPost Email.
Accepted Service Bills include; Gas, Electricity or Water Bill, a current
Rates Notice from council or other such verification document as determined by us from time to time.
Affiliate, in relation to an entity (the entity), means:
(c) another entity that is controlled (within the
meaning of section 50AA of the Corporations Act 2001) by the entity; or
(d) if the entity is a body
corporate, an entity that is a related entity of the entity.
App means the downloadable GPost mobile
application, owned by us, through which we may provide the Service.
Claim means a claim, demand, remedy,
suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or
reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and
whether ascertained or unascertained or immediate, future or contingent.
Claimant means a user of the
Service who creates an Account and is granted the right to use a GPost Email that corresponds with a physical
address or location to which the claimant has a Permitted Claim.
GPost, our, us and we means, as the
context permits, Mararlee Pty Ltd ACN 090 673 368.
GPost Email means an email address, in a form determined
by GPost from time to time, based on publicly accessible electronic identity associated with a physical address
or location which is licenced to a Claimant.
GPost’s Emergency Alerts means an Evacuation, Emergency
Warning, Watch & Act, Incident Advice, Community Information or Warning Area.
means a third party is authorised by GPost to use the Service to send notifications to Claimants.
Intellectual Property Rights means all industrial and intellectual property rights whether capable of protection
by statute, at common law or in equity, and whether or not registered or capable of being registered, together
with any right to apply for the grant or registration of the same, including but not limited to:
copyright throughout the world and any neighbouring rights (including Moral Rights) which may subsist or may
hereafter subsist in all works, discoveries, designs, drawings, specifications, algorithms, formulae, records,
manuals, models, memoranda, data including technical data, software, its source code and object code, file
layouts and interfaces and any related documentation;
(b) software or hardware products (whether fully
developed or in research and development stage);
(c) textual, graphical, audio and other material ;
(d) the user interface of the Websites including but not limited to screens, organisation, patents and operation
or control features; and
(e) rights in relation to trade secrets, business concepts, business processes and
(f) rights in relation to registered and unregistered trade marks, trade names, business
names, company names and domain names;
Laws means all laws including rules of common law and equity,
statutes, regulations, by-laws, ordinances, mandatory codes of conduct, writs, orders, injunctions and
Listing means a listing visible to other users of the Service.
Permitted Claim means:
(f) Legal Representative of an Estate;
(g) Legal Attorney of all of the above; and
(h) Any person approved by the above.
Personal Information has the meaning defined in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.
Right includes a legal,
equitable, contractual, statutory or other right, power, authority, benefit, privilege, remedy, discretion or
cause of action.
Service has the meaning given in clause 3.
Terms means these terms and conditions as
varied from time to time in accordance with clause 19.
Third Party Content means any content, intellectual
property, goods, services, advertising or other information provided by a party other than GPost, which appears
on our Website.
Website means the website found at the URL http://www.gpost.com
your means, as applicable, a user of the Service and a Claimant.
The Service comprises:
(a) GPost Email system, which includes a public
email and notification system based on geolocation, allowing:
(i) Emails to be sent based on residential or
commercial address location (Address Location); and
(ii) Emails and notifications for visitors to get
information/updates in their immediate vicinity (Mobile Location).
(b) GPost Email platform database.
(c) The associated App.
(a) To become a registered Claimant, you must first make an
application to register for an account (Account) with us.
(b) Once you have registered an Account with us,
you can make an application to receive a licence to use a GPost Email.
(c) You acknowledge and warrant
(i) all the information you provide in your application for an Account and a GPost Email is accurate
in all material respects and you acknowledge that we will rely on this information.
(ii) if you give
incorrect or inaccurate information in an application which is then relied upon and used by us, any third party
to whom we grant access to this information or any of our contractors, it may result in delays or an inability
for us to provide the Service to you.
Application Process and Procedure
(a) To register for an
(i) must provide your address and mobile telephone number;
(ii) complete the Account
application process as determined by us;
(iii) agree to be bound by these Terms; and
(iv) provide us
with any other additional information we reasonably request or require.
(b) To register to be a Claimant,
(i) have registered an Account;
(ii) complete an application process determined by us for a
(iii) have a Permitted Claim to an Address; and
(iv) provide us with your required
verification documentation (as determined by us) for the claimed Address.
Claiming an Address may comprise
Option 1: Service Bill
(a) You can provide an Accepted Service Bill to verify the Address you are
seeking to claim.
(b) You upload an Accepted Service Bill via Web, iPhone or Android.
Visit the address verification page.
(ii) Select: Verifying with your address with reference document.
(iii) Upload: Upload Service Bill document and enter the requested information.
(iv) Click: VERIFY ADDRESS.
(c) If we can’t find a match, you may need to use Option 2 to verify your address.
Option 2: Physical
(a) GPost will send a verification code to your house or business. It may take up to 5 working days
for the code to arrive.
(b) GPost do not send verification postcards to P.O. Boxes. If you don’t
receive mail at your physical address, please choose another method.
(c) Platform: Web, iPhone,
(i) Location: Visit the address verification page.
(A) Verify by
(B) Send me a postcard.
(d) Received: You will then need to open the address verification
page and enter your verification code.
(e) Click: VERIFY ADDRESS.
Option 3: Verified User
(a) You can be invited by a User that is a verified. When you receive an invitation from an
already verified member GPost will automatically verify your address. Each Verified User has the ability to
verify 5 independent neighbours.
(b) Platform: Web, iPhone, Android
(A) Invite User
(B) Verify User: A list of unverified users will be displayed.
(c) Send Invitation via known
personal email/mobile phone to unverified User.
(d) Upon their acceptance address verification occurs.
5.4 Refuse application
(a) We may, refuse an application for the Service (or for any additional service) in
our absolute discretion, including where:
(i) we are unable to provide the Service owing to limitations of
any third party supplier (including regional and network limitations), law or government organization;
you have not completed an application form correctly;
(iii) you have not satisfactorily verified your
(iv) you do not meet our application requirements.
5. Right to use the Service
(a) If you are granted a licence to use a GPost
Email, you agree and acknowledge that you are granted a non-exclusive, non-transferable, revocable licence to
use the GPost Email to obtain the Service on a mobile, computer and/or tablet device within your custody from
time to time.
(b) For the avoidance of any doubt, nothing in these Terms grants you a right to the
Intellectual Property Rights in the Service, except for those licences expressly granted herein.
Limitations on Service use
(a) You agree and acknowledge that you only have the right to use GPost Email
when you have a Permitted Claim to an Address. You must immediately notify us if you cease to have a Permitted
(b) You are responsible for protecting the confidentiality of your password used in connection with
your GPost Email and Account.
(c) You agree that the Internet Protocol (IP) address/es and GPost Email
issued to you for use in connection with the Service are only issued to you for use during the term of your
acquisition of the Service. On termination of the Service, your right to use the IP address/es and GPost Email
provided to you ceases.
(d) GPost in its absolute discretion, has the right to determine which Service you
receive (including which notifications you receive when you are using the Service).
(e) The parties agree
and acknowledge that:
(i) GPost does not warrant that a every Claimant will receive all of the Service or
will be contacted in relation to every notification relevant to their Mobile Location or Home Location and has
no responsibility for failure to provide a notification to a Claimant; and
(ii) GPost does not make any
representations or warranties that it will provide notifications or emails to a Claimant’s GPost
(f) Except to the extent permitted by law, you may not:
(i) modify, disassemble, decompile or
reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer your GPost Email or your Account to
any third party or use the Service to provide time sharing or similar services for any third party;
make any copies of the Service; or
(iv) remove, circumvent, disable, damage or otherwise interfere with
security-related features of the Service, features that prevent or restrict use or copying of any content
accessible through the Service, or features that enforce limitations on use of the Service.
6. GPost’s role
(a) GPost does not, by providing the Service, act as an agent for any
Claimant or Information Provider.
(b) You agree and acknowledge that we will rely on the:
verification documentation, and Address information provided to us by you;
(ii) information provided by
(iii) geolocation information you provide to us by you the settings on your mobile
phone, computer and/or tablet connected to your GPost Email; and
(iv) our third party network service
provider location data,
provided to us determine which GPost Email accounts receive which
(c) We may monitor your use of the Service to ensure that your use of the Service is
appropriate and in accordance with these Terms.
(d) GPost uses search filters, geolocation technology and
other algorithm based search technology to monitor your use of the Service and determine who receives
notifications and communications. You agree and acknowledge that we cannot guarantee the accuracy of the
geolocation technology or that the filters will be able to detect your Account and GPost Email in all instances.
(e) GPost does not guarantee:
(i) the existence, quality, safety, suitability or legality of any an
notifications received from a GPost Email; nor
(ii) the truth or accuracy of any content of any of any an
notifications received from a GPost Email.
(f) We reserve the right to amend the verification process from
time to time. If you cannot verify your identity with us, you cannot use our Service.
7. Use of Your Content
(a) Certain features of the Service may permit you to upload content
to the Service, including messages, video, images, data, text, and other types of works (User Content) and to
publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in
the User Content that you share via or transmit to the Service.
(b) You grant to us a worldwide, perpetual, irrevocable, royalty-free, fully paid, and non-exclusive right and
licence, with a right of sub-licence, in respect of your User Content to host, store, retain, use, distribute,
reproduce, modify, adapt, display and otherwise exploit your User Content in connection with us operating the
(c) By sharing User Content with other users of the Service, you grant those users a non-exclusive
license to access and use that User Content as permitted by these Terms and the functionality of the Service.
(d) You are solely responsible for your User Content and the consequences of publishing User Content. By
submitting, publishing or sharing User Content, you represent, and warrant that: (i) you are the creator and
owner of the User Content, or have the necessary licenses, rights, and permissions to authorize us and users of
the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this
section, in the manner contemplated by us, the Service, and these Terms; and (ii) your User Content, and the use
of your User Content as contemplated by these Terms, does not and will not infringe, violate, or misappropriate
any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right.
(e) We are under no obligation to edit or control User Content that you or other users transmit or publish, and
will not be in any way responsible or liable for User Content. We may, however, at any time and without prior
notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is
otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a
variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable.
You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with
respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to
these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User
Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit
copyright-infringing activities on the Service.
(f) We do not control and do not have any obligation to monitor: (i) submitted content; (ii) any content made
available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that we
reserve the right to, and may from time to time, monitor any and all information transmitted or received through
the Service for operational and other purposes. If at any time, we choose, in our sole discretion, to monitor
the content, we nonetheless assume no responsibility or liability for the content or any loss or damage of any
kind incurred as a result of the use of such content. During monitoring, information may be examined, recorded,
(g) You are solely responsible for maintaining backups of your User Content outside the Service, and we will have
no liability whatsoever to you arising out of or in connection with any loss, compromise, or corruption of any
data you may submit, receive, transmit, or store through the Service. Once you terminate your account, you will
no longer have access to retrieve or obtain any of your User Content.
(h) User Content transmission over the Internet cannot be guaranteed and GPost will not be held liable for any
disclosure of your User Content as a result of it being transmitted over the internet.
(i) All the User
Content you provide to us (either directly or indirectly) in connection with your Account, your use of the
Service and your GPost Email will be made available as determined by GPost in its settings.
8. GPost Emergency Alerts
You agree and acknowledge that GPost’s Emergency Alerts:
(a) are not intended to replace any primary
source of receiving emergency information (phone service or email);
(b) may not be delivered if there is a
service outage, you do not have data available on your mobile phone, computer or tablet, you do not have
internet access, your location settings are not enabled, you have not provided us with the correct information,
your GPost Email is not verified at the time the GPost Emergency Alert, there is not sufficient network capacity
at a particular time or your GPost Email is not detected in the search technology or by our geolocation
(c) may not be delivered immediately or in a timely fashion and GPost in no way guarantees the
delivery of GPost Emergency Alerts;
(d) all text, graphics, videos, information and other content available
through or arising from the Service is provided to you for general information only and is not comprehensive and
does not consistute advice. You agree you need to take into account your personal circumstances and make
decisions regarding the GPost Emergency Alerts at your own risk.
(e) we make no warranty (either express or
implied) concerning the suitability, availability, reliability, timeliness or accuracy of the GPost Emergency
9. GPost Unacceptable Behaviour
The following behaviour when using the GPost Service is
(a) Use of GPost communications systems to set up personal businesses or send
chain emails/letters (unless otherwise authorised by GPost).
(b) Forwarding of company confidential
messages to external locations.
(c) Distributing, disseminating or storing images, text or materials that
might be considered indecent, pornographic, obscene or illegal.
(d) Distributing, disseminating or storing
images, text or materials that might be considered discriminatory, offensive or abusive, in that the context is
a personal attack, sexist or racist, or might be considered as harassment.
(e) Accessing copyrighted
information in a way that violates the copyright of GPost or any other party.
(f) Breaking into the GPost’s
or another organisation’s system or unauthorised use of a password/mailbox.
unsolicited personal views on social, political, religious or other non-business related matters.
Except as expressly authorized by GPost, transmitting unsolicited commercial or advertising material.
Undertaking deliberate activities that waste networked resources.
(j) Introducing any form of computer
virus or malware into the corporate network.
10. Site rules
(i) agree and acknowledge that if you breach these Terms and
allow a third party to use your account or GPost Email or Account, we will deem this to be your conduct, you
will be responsible for this conduct and you indemnify us for any Claim or loss suffered as a result you
allowing a third party to access your Account or GPost Email.
(ii) are responsible for protecting the
confidentiality of your login and password details. You agree and acknowledge that GPost and its Affiliates will
not be liable for any loss or damage arising from any failure to safeguard your Account, GPost Email or your
(iii) are responsible for all of your material (including any errors in it) and you must ensure
that your material is current, accurate and up-to-date (including in relation to property descriptions, dates
and times, figures, addresses, and contact information);
(iv) will not add or transmit any material or
information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing
or ethnically objectionable;
(v) must not disrupt the flow of dialogue or otherwise act in a manner which
negatively impacts other users;
(vi) must not impersonate any other person;
(vii) agree not to add any
unsolicited advertising or promotional materials in relation to yourself or a third party;
that any material which you add may be removed by us from the Website without prior notice to you at any time
(but we will give you notice within a reasonable period of time after such removal);
(ix) will not add any
material to the Platform or Website where the adding of such material infringes another person’s copyright
or intellectual property rights;
(x) will use reasonable endeavours to prevent, and use reasonable
endeavours to not add, any material to the Platform that contains viruses or other computer codes, files or
programs which are designed to limit or destroy the functionality of other computer software or hardware;
(xi) accept that any material or information provided by you in a Listing may be used by a third party or by
other registered users;
(xii) agree not to create multiple Accounts or to take any similar steps to evade
punishment or avoid restrictions;
(xiii) must not, in using the Service or submitting any Listing, promote
any website or service that directly competes with the Service or Website.
(xiv) must not use any script,
robot, spider, crawler or other automated process to gather information from the Website without our prior
(b) In accessing or using the Website, you agree that you will not use or index any
content or data on the Website for the purposes of:
(i) constructing or populating a searchable database of
(ii) building a database of property information; or
(iii) competing with us in any manner
that we have not specifically authorised.
(c) You warrant to us that:
(i) all registration details are
and will remain true and correct;
(ii) you have the right to use the Website and the Service for and on
behalf of the address they are claiming in connection with the GPost Email (as the case may be);
using the means made available through the Service, you will update and correct registration details from time
to time as determined by GPost; and
(iv) you have only registered once as a Claimant.
11. Specific warnings
(a) You must ensure that your access to the Service is not illegal or
prohibited by laws that apply to you.
(b) You must take your own precautions to ensure that the process
that you employ for accessing the Service does not expose you to the risk of viruses, malicious computer code or
other forms of interference which may damage your own computer system. To avoid any doubt, we do not accept
responsibility for any interference or damage to your or any other computer system which arises in connection
with your access to or use of the Service or any linked Website.
(c) We do not give any assurances that any
information contained on or sent to you via or in connection with the Service will be suitable for your purposes
or that it will be error free. You agree that you will not rely on any such information or its availability, and
that any reliance you make will be on your own independent assessments with the aid of qualified independent
advice (if required).
(d) The Service may include advertising materials and directed advertising based on
information collected from you. Responsibility for the content of advertisements appearing on the Website, the
App or the Service (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The
placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’
products or services, and each advertiser is solely responsible for any representations made in connection with
12. Warranty disclaimers
(a) All information provided by us on or through the Website and
through the Service is provided in good faith, however YOU MUST NOT RELY ON THIS SERVICE ALONE. Any information
provided is general information and is not in the nature of advice. GPost provides the Service on an “as
is” basis and you use the Service at your own risk.
(b) We do not make any representations or
warranties that third party information provided through the Service is reliable, accurate or complete, or that
your access to that information will be uninterrupted, timely or secure. We are not liable for any loss
resulting from any action taken or not taken, or reliance made, by you on any third party information or
material available or accessed from the Website.
(c) GPost is not responsible for and does not warrant the
accuracy, adequacy or completeness of information sent through the Service. We do not accept any responsibility
for loss suffered as a result of your or any other person’s reliance upon the accuracy or currency of such
information contained on or sent to you via or in connection with the Website or the Service.
(d) We do not
warrant that any material you submit to the Website, the App or using the Service, will be protected against
loss, misuse or alteration by third parties or removal by us.
(e) If you access the Website from outside
Australia, you accept responsibility for ensuring or confirming compliance with all laws in that jurisdiction
that apply to you as a result of that access or any consequential transactions or dealings with us, the Website
or other users. You are responsible for, and must pay the cost of, all telecommunications and internet access
charges incurred when using the Website, whether or not such access has been arranged by us.
(f) Where the
Website contains links to other websites, we do not control those websites, and we are not responsible for the
privacy practices of the content of such websites. We do not take responsibility for the content in, or currency
of, any externally linked sites. The inclusion of any link within the Website does not imply endorsement by use
of the linked site, nor does it suggest any relationship with the organisation linked.
13. Limitation of Liability
(a) To the extent permitted by law, any condition, warranty or
statutory guarantee that would otherwise be implied into these terms and conditions or apply to any goods or
services supplied hereunder is hereby excluded. Where legislation implies any condition or warranty, or
otherwise prescribes a statutory guarantee, and that legislation permits us to limit our liability under any
such condition, warranty or guarantee, that condition or warranty will be deemed included, or that guarantee
apply, but our liability will be limited for a breach of that condition, warranty or guarantee to, at GPost’s
(i) in the case of goods, the repair or replacement of those goods, the supply of equivalent goods,
the payment of the cost of repairing or replacing the goods or acquiring equivalent goods; and
(ii) in the
case of services, supplying those services again, or paying the cost of having the services supplied again.
(b) Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant
and cannot ensure the security of any data or information that you transmit to us, and accordingly any
information which you transmit to us is transmitted at your own risk.
(c) To the extent permitted by law
and as otherwise provided for by these Terms, we do not accept responsibility for any loss or damage, however
caused (including through negligence), which you may directly or indirectly suffer in connection with your use
of the Website or Platform or any linked website, nor do we accept any responsibility for any such loss arising
out of your use of or reliance on information contained on or accessed through the Website or any linked
(d) We do not accept any responsibility or liability for any information or material that you may
submit to the Website, such as for a Listing, nor do we accept any responsibility for any use or misuse that you
or any other person makes of information or content that you may submit to the Website that we are permitted to
disclose, except as otherwise provided by these terms and to the extent permitted by law.
(e) We do not
accept any liability for the accuracy or content of any material posted by other users on the Website. We are
not liable for any loss resulting from any action taken or reliance made by you on any information or material
submitted by another person.
(f) If you download any material from the Website, you acknowledge that we are
not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the
(g) To the extent permitted by law, we also do not accept responsibility for any harm
or death caused to any person who uses, or relies on, any information sourced from this Website.
14. Indemnity You indemnify us, our related bodies corporate, Affiliates and our directors and employees,
for any Claims, actions, costs (including legal costs), loss or damage suffered by us or any third party
(a) a breach by you of these Terms or warranties contained therein;
infringement of our intellectual property caused by you;
(c) any conduct of yours or in connection with
your Account or GPost Email that does not comply with the relevant law or infringes any third party right;
(d) any claim by a third party of infringement of their intellectual property rights or breaches of these terms
because of content provided on the Website by you, whether or not that use was authorised by you.
Claimant indemnifies us for any loss or damage suffered because of a breach warranty, or breach of terms,
contained in these Terms.
15. Intellectual Property
(a) You agree and acknowledge all:
(i) any information,
including text (whether or not perceptible by users), customer details, code, meta tags, graphics, photographs,
audio visual elements, music, illustrations, video or other content), domain names, e-mail, information supplied
by users of the Service (including verification information), data sheets, geolocation data, chat room content,
bulletin postings, or any other items or materials of us or any third party that are provided or permitted by
the us to reside on the Website, the App, including user data is owned by, controlled by or licenced to us;
(ii) the Intellectual Property Rights in the Service that has been created (including part creation) or
subsequent creation by or on behalf of us vests in us upon creation.
(b) You must not provide us with any
information that you do not own or have the right to provide, is illegal or infringing.
All intellectual property rights in the Website, the App and the Service
(including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to GPost. Other
than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or other
applicable laws, and except as expressly authorised by these Terms, you may not, without GPost’s written
permission, in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform,
publish, upload to a third party, link to or create derivative works from any part of the Website; or
commercialise any information, products or services obtained from any part of the Website.
17. Personal information
(a) In downloading the App or using the Service, we may collect
personal information. We collect and use any personal information in accordance with the terms of our Privacy
Policy, which you acknowledge.
(b) Personal information recorded using the Service will be collected and
held by GPost Registry Services Pty Ltd ACN 629 034 626, which will then be licensed to us in order to provide
(c) This information may be used (for amongst other things described in our Privacy
(i) to provide the Service, including so that Information Providers may be able to contact you
using the Service;
(ii) to improve and maintain the useability of our Website;
(iii) to monitor who is
accessing the Website, App or using the Service offered on the Website, to assist us with the safety of the
Website, addressing inappropriate conduct and enforcing these terms and conditions;
(iv) to send news and
information about our activities and general promotional material which we believe may be of interest, or
relevant, to you;
(v) to understand the demographic of people interacting with the Service;
provide advertisements, content and features that match the profile or interests of those whose information has
been collected by us; and
(vii) to monitor and analyse trends, usage, and activities in connection with the
Service including the Website.
(d) In addition to our authority under these Terms, we may preserve the
content of any information or other electronic communication received by us if we have a reasonable belief that
we have a legal requirement to do so.
(e) We utilise cookies and similar technologies (such as local
(small pieces of data we store for an extended period of time on your computer, mobile phone, or other device)
to make the Website easier to use, to ensure proper communication of information for your use of the Website,
and to protect both you and the secure areas of the Website. For example, we use secure cookies for session
authentication. This enhances your security while using the site and makes it easier for you to login when you
revisit the Website. You can remove or block cookies using the settings in your browser, but in some cases that
may prevent you from being able to use the Website properly.
(f) The Service may use the location of the
device on which the App is installed in order to locate relevant information applicable to you or the Address
for the purpose of providing the Service.
(g) If you do not provide us with personal information, you
cannot be a Claimant and therefore use the Service and/or, if you are a Claimant, you may not be able to enjoy
fully the features and benefits of the Service.
individual may access the personal information about the individual that is held by the entity and seek the
about a breach of the Australian Privacy Principles and how we will deal with such a complaint.
(i) If you
wish to comment on or query how we collect, hold, use or disclose personal information, or if you wish to make
an inquiry regarding any personal information relating to you that may be in our possession, contact us on
18. Termination of access
(a) We may withdraw the availability of the Service without
notice. We reserve the right to suspend or terminate your registration to use the Service at any time, including
if we believe that you have breached any of these Terms or if any of the information that You have submitted to
us (whether during the process of registering or otherwise) is untrue.
(b) We may deny you access to the
Service in our absolute discretion, including if we do not consider that you have or will comply with our
(c) Termination does not affect your or
our pre-existing rights against each other in respect of any past breach (including our Limitation of Liability
19. Our network supplier’s liability
To the extent permitted by law, our third party
network suppliers are not liable to you in contract, tort (including negligence) or otherwise in relation to any
service we supply to you, any delay in supplying a service or any failure to provide a service.
20. Governing law
(a) These terms and conditions are governed by the laws in force in the
State of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of
that jurisdiction. If users access the Website from outside Australia they accept responsibility for ensuring or
confirming compliance with all laws in that jurisdiction that apply to them as a result of that access or any
consequent transactions or dealings with us, the Website or other users.
(b) This Application may be
accessed overseas. We make no representations and provide no warranties that the Service comply with laws
(including intellectual property laws) of any country outside Australia.
(a) If any provision of these Terms are deemed to be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not
affect the validity and enforceability of the remaining provisions of the Agreement.
(b) Except to the
extent necessary to provide the Service, GPost must not make any public statements or issue any press release
concerning or relating to its relationship with the Participant.
(c) You must give us any information we
reasonably require for the purposes of these terms and conditions, and that information must be accurate.
(d) You must tell us promptly if the information you have provided to us changes. This includes your address,
email address and phone number.
(e) These terms and conditions contain the entire understanding between us
and you, and between you, as to the subject matter of these terms and conditions.
(f) You may not transfer
your rights and obligations under these terms and conditions to other person(s) however only if approved by us
and in writing.
(g) We will not be liable for any delay or default in performance under these terms and
conditions if it is caused by any event or circumstance reasonably beyond our control, including but not limited
to war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo,
judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake,
fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or
delay, failure or default by any other supplier.
(h) Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the
Service or certain features of the Service that we may post on or link to from the Service (Additional Terms).
All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
22. Variations to terms and conditions
(a) We may at our discretion vary these Terms at any
time, provided that:
(i) no variation may reduce our obligations or liability to us;
(ii) we provide
you with reasonable notice (and in any event, at least 30 days) detailing the nature and commencement date of
the proposed variation, prior to making any such variation to these Terms.
(b) If you do not agree to the
variation of these Terms as notified to you in clause 22(a)(ii), you may opt out of the Service any time before
the commencement of the variation to these Terms, without liability.
23. Complaints and Contact Information
Welcome, and thank you for your interest in Mararlee Pty Ltd (“GPost”,
“we”, or “us”). This Sponsored Messages Addendum (the
“Addendum”) is subject to the terms of GPost’s Terms & Conditions,
located at gpost.com/terms-conditions (“Terms”). The Addendum applies if you submit
a sponsored message (a “Sponsored Message”) for distribution via the Service. Any
capitalized terms not defined in this Addendum will have the meaning set forth in the Terms.
By submitting a Sponsored Message, you authorize us to publish the Sponsored Message via the
Subject to the terms and conditions of the Terms, including the Addendum, any Sponsored Message
will be published via the Service approximately within a 1 kilometer radius from your registered
business address for which you are a Claimant on the Service.
Payment. The Service may require you to pay fees to Gpost. All fees are non-refundable.
Price. GPost reserves the right to determine pricing for the Service. GPost will
make reasonable efforts to keep pricing information published on the website up to date. We
encourage you to check our website periodically for current pricing information. GPost may
change the fees for any feature of the Service, including additional fees or charges, if GPost
gives you advance notice of changes before they apply. GPost, at its sole discretion, may make
promotional offers with different features and different pricing to any of GPost’s
customers. These promotional offers, unless made to you, will not apply to your offer or these
Authorization. You authorize GPost, our designee, and/or a third party payment
processor to charge all sums for the orders that you make and any level of Service you select as
described in this Addendum or published by GPost, including all applicable taxes, to the payment
method specified in your account. If you pay any fees with a credit card, GPost, our designee,
and/or a third party payment processor may seek pre-authorization of your credit card account
prior to your purchase to verify that the credit card is valid and has the necessary funds or
credit available to cover your purchase.
Subscription Service. The Service may include automatically recurring payments
for periodic charges (“Subscription Service”). If you activate a
Subscription Service, you authorize GPost, our designee, and/or a third party payment processor
to periodically charge, on a going-forward basis and until cancellation of either the recurring
payments or your account, all accrued sums on or before the payment due date for the accrued
sums. The “Subscription Billing Date” is the date when you purchase
your first subscription to the Service. For information on the “Subscription
Fee,” please see our https://gpost.com/capabilities/sponsored-messages
page. Your account will be charged automatically on the Subscription Billing Date all applicable
fees and taxes for the next subscription period. The subscription will continue unless and until
you cancel your subscription or we terminate it. You must cancel your subscription before it
renews in order to avoid billing of the next periodic Subscription Fee to your account. We will
bill the periodic Subscription Fee to the payment method you provide to us during registration
(or to a different payment method if you change your payment information). You may cancel the
Subscription Service by visiting https://support.apple.com/en-au/HT202039 or
Prior to activation of your Subscription Service through the App Store or Google Play please
contact us at email@example.com
Delinquent Accounts. GPost may suspend or terminate access to the Service,
including fee-based portions of the Service, for any account for which any amount is due but
unpaid, or in the event of your material breach of this Agreement or the Terms. In addition to
the amount due for the Service, a delinquent account will be charged with fees or charges that
are incidental to any chargeback or collection of any the unpaid amount, including collection
Warranties. You represent and warrant that:
all Sponsored Messages will comply with all applicable laws, regulations and relevant industry
all advertised products and services will match the advertised description and be available in
the manner, at the price and for the time period advertised;
each website located at any URL shown or embedded in any Sponsored Message is controlled and
operated by or on your behalf, is functional and accessible, and at all times operates in
compliance with all applicable laws, regulations and relevant industry codes; and
if the you act as agent for an advertising agency you are authorized to purchase a Subscription
GPOST COPYRIGHT POLICY ADDENDUM
Welcome, and thank you for your interest in Mararlee Pty Ltd (“GPost”,
“we”, or “us”). This Copyright Policy Addendum (the
“Addendum”) is subject to the terms of GPost’s Terms & Conditions,
located at gpost.com/terms-conditions (“Terms”). Any capitalized terms not defined
in this Addendum will have the meaning set forth in the Terms.
SPONSORED MESSAGES ADDENDUM
COPYRIGHT POLICY ADDENDUM
Infringing Content. Users may be able to post content to the Service (“User
Content”). Users are not permitted to post any User Content that infringes the
copyright of a third party. GPost may, but is not required to, monitor and remove any infringing User
Content from the Service.
DMCA Notification. GPost complies with the provisions of the Digital Millennium
Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an
intellectual property rights-related complaint about material posted on the Service you may contact our
Designated Agent at the following address:
Mararlee Pty Ltd
ATTN: Legal Department (Copyright Notification)
24 Olive Street
Malvern East Victoria 3145
Phone: +1 (877) MY-GPOST / +1 (877) 694-7678
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual
property rights must include substantially the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been
a description of the material that you claim is infringing and where it is located on the
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service
of which you are complaining is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that, under penalty
of perjury, you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf.
Repeat Infringers. GPost will promptly terminate the accounts of users that are
determined by GPost to be repeat infringers. GPost considers a “repeat infringer” to be any
user that has uploaded User Content to or through the Service and for whom GPost has received more than
three takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User
Content. GPost has discretion, however, to terminate the account of any user after receipt of a single
notification of claimed infringement or upon GPost’s own determination.