Mail Forwarding Terms and Conditions

Mail holding and forwarding service agreement terms and conditions

1. Introduction

This agreement sets out the terms and conditions upon which Backpackers Buddy Pty Ltd

(?Backpackers Buddy?) and you, the customer, agree to be bound in the provision of a mail scanning

and forwarding service.

The service offered is described below in this agreement. The service and the terms and conditions

outlined in this agreement apply when the customer pays the fee charged by Backpackers Buddy for

the service and completes an application in the form prescribed by Backpackers Buddy.

2. Interpretation

?Articles? means letters, an envelope or document containing any written or visual matter.

?Customer? means a person who from time to time is approved by Backpackers Buddy as a customer

of the service. A customer is the person who applies for the service.

?Dispose? means to permanently destroy.

?Email? means send via email to the email address provided. Once an email has been sent by

Backpackers Buddy it is considered received by the customer.

?Forward? means send the article scanned in electronic format to you, the customer via email. This

will be sent to the email address you provide.

?Scan? means make a digital copy of the article with an electronic scanning mechanism.

?Sender? means the person or entity who lodged the article or the person on whose behalf it was

lodged in Australia and includes:

i. the person named in a return address that is marked on the article;

ii. where a return address that is marked on an article includes a post office box or locked bag

or private mail bag service number but does not include a name – the holder of that post

office box or the person receiving that private bag service;

iii. where a return address that is marked on an article includes a street address but does not

include a name – a person occupying the premises to which the street address relates;

?Service? means the service as outlined in clause 3 and this agreement.

3. Service

On the customer?s behalf Backpackers Buddy will receive, scan and forward articles to the email

address provided by the customer. After forwarding the scanned article to the customer?s email

address, Backpackers Buddy will then dispose of the original article.

4. Application

It is the responsibility of the customer to complete the application for the service correctly; any

errors are that of the customer.

5. Period of Service

Backpackers Buddy may operate the service for the customer in accordance with the period outlined

in the application form or until termination by either Backpackers Buddy or the customer.

The service will begin only after full payment for the relevant period has been received by

Backpackers Buddy.

6. Exclusions

6.1. Backpackers Buddy is not bound to forward articles where in the reasonable opinion of

Backpackers Buddy:

6.1.1. it could be difficult to isolate without damage the article from another article;

6.1.2. it could be difficult to scan and then email the relevant article;

6.1.3. the sender has prohibited the redirection of the article; or

6.1.4. the service is being used in the furtherance of a criminal offence.

6.2 Backpackers Buddy will not be obliged to forward an article where they are prevented from

doing so by any law in Australia.

6.3 In the case of 6.1.1. and 6.1.2. occurring, Backpackers Buddy will email you, the customer,

advising that the service cannot properly be completed. Backpackers Buddy will then consider

reasonable options to provide the article to you; this may include transporting the relevant article

via a postal service. If this occurs, Backpackers Buddy will on charge the cost of this postal service. If

this cannot occur, Backpackers Buddy will hold the relevant article for 4 weeks from receipt, unless

otherwise agreed with the customer. You warrant it is then the sole discretion of Backpackers Buddy

to either return the relevant article to the sender or destroy the article.

6.4 In the case of 6.1.3. occurring, Backpackers Buddy will email you, the customer, advising that the

service cannot properly be completed. You warrant it is then the sole discretion of Backpackers

Buddy to either return the relevant article to the sender or destroy the article.

6.5 In the case of 6.1.4. occurring, Backpackers Buddy will email you, the customer, advising that the

service cannot properly be completed. You warrant it is then the sole discretion of Backpackers

Buddy to either return the relevant article to the sender or destroy the article.

7. Only Addressee May Apply

Only the customer entitled to receive the article to which this agreement and application relates

may apply for the service.

8. Customer warranty

The customer hereby warrants that he or she is authorised to make the application

?9. Change application details

Any changes or amendments the customer may choose to make to their original application need to

be made in writing to Backpackers Buddy.

10. Customers are individuals

The service can only be applied for as an individual customer. The service cannot be applied on

behalf of a company, partnership, sole trader, trust or any other entity.

11. Proof of Authority

Backpackers Buddy, may require the customer to provide such information, document or thing as

Backpackers Buddy, in its absolute discretion, deems necessary to establish to the satisfaction of

Backpackers Buddy the customer?s entitlement to make the application or to provide the warranties

given by the customer.

The provisions of this clause apply notwithstanding that the application may have already been

approved by Backpackers Buddy.

12. Criminal Offence

12.1. The customer acknowledges that it may be a criminal offence to make the application:

12.1.1. if the customer is not entitled to receive mail in accordance with this agreement;

12.1.2. if the customer is not entitled to receive mail in accordance Australian law;

12.1.3. to intentionally or recklessly give false or misleading information; or

12.1.4. to omit a material particular without which the information is misleading.

13. Rates and Charges

13.1 Charges for use of the service shall be determined by Backpackers Buddy and are payable in

advance.

13.2 If the service is cancelled prior to the expiration of the period for which payment is made in

advance, Backpackers Buddy may refund all or part of the unused or remaining portion of the fee.

This refund is at the discretion of Backpackers Buddy.

13.3 Any articles remaining in Backpackers Buddy possession will be forwarded if the service is

cancelled.

14. Termination or Extension by Addressee

14.1 The customer may, by a written request, terminate the service.

14.2 Where a written application is made under this clause, Backpackers Buddy shall use its best

endeavours to ensure that the termination is done within a reasonable time. This includes a

reasonable time for Backpackers Buddy to make any further enquiries or obtain further evidence of

authority that it deems necessary.

14.3 Any articles remaining in Backpackers Buddy possession will be forwarded if the service is

cancelled.

14.4 The service may be extended by the customer by payment of fees in advance for the following

period.

15. Termination by Backpackers Buddy

15.1 Backpackers Buddy may terminate this agreement where Backpackers Buddy believes on

reasonable grounds that:

15.1.1. the service is being used for or in connection with an illegal activity;

15.1.2. the customer was not entitled or authorised to make the application; or

15.1.3. the customer has breached any term of the agreement.

15.3 Backpackers Buddy will terminate the service where fees are not paid. In such instance,

Backpackers Buddy may hold articles until outstanding fees are paid.

15.4 Notwithstanding the provisions of this clause, Backpackers Buddy reserves the right in its

absolute discretion to refuse, suspend or terminate the service and no liability shall accrue to

Backpackers Buddy for any loss or damage arising as a result of the refusal, suspension or

termination.

16. Limitation of Liability Release and Indemnity

16.1 Subject to this agreement Backpackers Buddy shall not be liable to any person (whether in

contract, tort or otherwise) for any loss or damage suffered, or that may be suffered, as a result of

any act or omission, whether negligent or otherwise, by or on behalf of Backpackers Buddy in

relation to the provision of the service, or any other matter or thing relating to this agreement.

16.2 To the extent permissible by law, Backpackers Buddy expressly disclaims all conditions and

warranties, express or implied, in respect of the service and the carriage of articles pursuant to this

agreement. Where the law precludes such exclusion and implies certain conditions and warranties

into this agreement, the liability of Backpackers Buddy for breach of such condition or warranty shall

be limited, where legally permissible at the option of Backpackers Buddy, to any one of the

following:

16.2.1. supplying the service again; or

16.2.2. payment of the cost of having the relevant article supplied again.

16.3 The customer shall release and indemnify Backpackers Buddy against any loss or damage

whatsoever which Backpackers Buddy may suffer as a result of any action, proceeding, claim or

demand arising from the provision of the service, or any other matter or thing arising as a result of

this service.

16.4 It is the customer?s sole responsibility to complete the application details correctly and

accurately. Backpackers Buddy is neither liable nor responsible for errors on the application form.

16.5 Only reasonable efforts will be made by Backpackers Buddy to obtain correct and relevant

details provided by the customer.

16.6 Where Backpackers Buddy provides an email to the customer and Backpackers Buddy receives

a non-delivery message Backpackers Buddy may attempt to contact the second contact email as

provided on the application form. Beyond this action, you warrant that Backpackers Buddy is not

responsible for taking any further action. It is the sole discretion of Backpackers Buddy to consider

further reasonable steps in contacting the customer.

Any article or articles that remain in the possession of Backpackers Buddy will be held for a period of

4 weeks, unless otherwise agreed with the customer.

You warrant it is then the sole discretion of Backpackers Buddy to either return the relevant article

to the sender or destroy the article.

17. Law

This agreement is governed by, and shall be construed in accordance with, the laws in force in the

State of New South Wales and the courts and registries of courts in that State shall have jurisdiction

in the event of a dispute.

18. Variation

These terms and conditions may be varied or added to from time to time by Backpackers Buddy by

notice in writing to the customer.

19. Notice

Any notice required to be served by or under these terms and conditions shall be sufficiently given

to the customer if sent by email to the customer to the email provided in the application and

provided to Backpackers Buddy.

20. Whole of Agreement

This agreement contains the whole of the agreement between the parties in relation to the special

service and any representation or warranty made by either party prior to entering into this

agreement shall have no force or effect unless otherwise stated herein.