- To access to Services, you will need an Australia Post customer number, which you can get by registering through the ShopMate website or the Australia Post website. If your registration is successful, we will provide you with an Australia Post customer number and an alias US address for you to use in the US.
- We cannot provide the Service if your computer system is not compatible with the ShopMate application. We accept no liability for the consequences of the ShopMate Website not being capable of being supplied for any technical reason.
- At the time that you register for the Service and are asked to supply personal information you enter a secure environment. From that time, the link between your Web browser and the ShopMate Website will be protected using a security certificate. This will be indicated by the appearance of a padlock on your browser.
- You are responsible for maintaining secrecy and security of any username and password which allows you access to the ShopMate website. You accept responsibility for all transactions processed through the website after access is allowed following acceptance of your password.
Australia Post is not responsible or liable for any:
- failure or delay in delivery of Your Parcels to the Warehouse, including any claimed delivery of Your Parcels to the Warehouse where the Merchant has not obtained proof of delivery and a signed acknowledgment of receipt by authorised personnel at the Warehouse;
- anything which happens to Your Parcels prior to receipt of Your Parcels at the Warehouse or, where Your Parcels (or any item in Your Parcels) are to be returned to a Merchant, anything which happens to Your Parcels after dispatch from our Warehouse;
- anything which happens to Your Parcels if our Warehouse refuses to accept delivery of Your Parcel
- any unpaid taxes, duties or charges in respect of Your Parcel;
- any acts or omissions of any Merchant, including any refusal by a Merchant to ship goods to your ShopMate Address or any conditions (including additional charges) or restrictions placed by a Merchant on such shipping; or
- any dissatisfaction with the contents of Your Parcels, including where Your Parcels do not contain the Parcels you ordered from a Merchant.
Once you have placed an order with a Merchant:
- We will notify you when Your Parcel arrives at the Warehouse. If you haven't received a notification from Australia Post by the date notified to you by the Merchant, please check My Tracking on the ShopMate site and then contact our customer service team for support at shopmate.auspost.com.au.
- We reserve the right, but are not obliged to, open and inspect any of Your Parcels at any time and for any purpose
- We will notify you if any of Your Parcels arrive at our Warehouse visibly damaged or if your Parcel contains Dangerous or Prohibited items.
- Where the value of your Parcel is assessed to be over $2,500 American Dollars, we will ask you to complete a customs declaration for Your Parcels, provide any requested information and documentation we require and ask you to pay the applicable Charges within 14 days of us notifying you of those Charges. You warrant that all information you give to us is accurate, complete and not misleading. Please note that the declared value will include the cost of Your Parcel from the Merchant to our warehouse. You acknowledge and agree that you are responsible for verifying any Customs declaration we complete on your behalf.
- You are solely responsible for advising an accurate Delivery Address through the ShopMate Website. Australia Post will not be responsible to you for any failure of, or delay in, the collection and / or delivery of any Parcel if your instructions are ambiguous, incomplete, or inaccurate.
- Extra Cover may be requested at additional cost for some Parcels. Extra Cover is only available for the shipping period leaving from the Warehouse to your Delivery Address. Extra Cover shall not apply for the time in which a Parcel is held in storage at the Warehouse. Specific terms and conditions (including exclusions) apply to Extra Cover. The full terms and conditions applicable to Extra Cover are available here.
- If these terms are complied with, we will Ship Your Parcel and deliver it to the Delivery Address (subject to your payment of the Charges and all applicable taxes, duties and customs clearance and any other charges notified to you).
- We will notify you when Your Parcels arrive in Australia. You may amend the Delivery Address at any time prior to final shipping payment and again once your consignment appears in My Deliveries.
You agree, that Australia Post is authorised to do any of the following on your behalf to enable Your Parcels to be Shipped from the Warehouse to your Delivery Address:
- complete any documents required under applicable US laws and regulations;
- act as your forwarding agent for US customs and export control purposes, and as a receiver solely for the purpose of designating a customs broker to perform customs clearance and entry into Australia; and
- take such other steps to carry out the Services by any route, means and carrier as we see fit in our sole discretion.
You can manage payment and delivery of Your Parcel by logging in to Your Account on the ShopMate website using your Registration Details.
You must not, at any time, seek to use either the ShopMate Service, or any Australia Post delivery service, for the consignment of any Prohibited Parcels or parcels containing Dangerous or Prohibited Goods. It is your responsibility to assess whether Parcels for consignment are, or may be, classified as Dangerous or Prohibited Goods, and / or are Parcels which are prohibited or regulated goods for the purposes of the laws of the country of destination. Australia Post provides information concerning Dangerous and Prohibited goods, (see for example - Dangerous & Prohibited Parcels page and the Dangerous and prohibited goods packaging post guide (3.08 mb) (PDF) but Australia Post does not represent that the information supplied is complete or up to date, and Australia Post has no liability for any consequence of you sending, or attempting to send, any Dangerous or Prohibited goods by mail. Your indemnity in favour of Australia Post applies in the event that any loss, harm or damage arises out of the consignment of Prohibited Parcels or Dangerous or Prohibited Goods.
We will notify you on receipt of a Parcel if (determined at our sole discretion) it:
- is a high value Parcel, exceeding AUD980 in total value; or
- exceeds the maximum applicable size and weight limits for the ShopMate Service,
If Australia Post determines that your Parcel exceeds the maximum applicable size and weight limits for use of the ShopMate Service, you may either choose to return the Parcel back to the US merchant, shipped to another address in the US or destroyed by Australia Post. If you choose to return the Parcel to the Merchant or delivered to an alternate address in the US or destroyed, then we will advise you of any shipping, handling or destruction costs which must be met by you.
You can manage payment and delivery of Your Parcel by logging in to Your Account on the ShopMate website using your Registration Details.
- Loose items over 20 Kg
- Items too small in size on weight to be conveyed
- Bundles of any description
- Flat pack envelopes
- Tubes or cylinders
- Loose items not in a carton
- Un-crated machinery or engineering equipment
- Small or oversized skids/pallets may or may not be compatible
- Large electronic items – oversized TV’s for example
If you fail to comply with the provisions of this section, then without further notice or liability to you, Australia Post reserves the right at our sole discretion at your cost and, including without limitation:
- refuse to accept such Parcels at the Warehouse;
- Return Parcels to the relevant Merchant;
- Destroy or disposing of such Parcels; and/or
- Inform, and/or deliver any such Parcels to, any Regulatory Authority and/or
- Take all reasonable steps to recover any costs and charges incurred by Australia Post associated with the above actions from you.
You are solely responsible for ensuring that Your Parcels can legally be:
- exported from the US; and
- imported into Australia,
- including ensuring compliance with:
- all applicable requirements of Regulatory Authorities (including border agencies responsible for clearing Parcels for movement between countries);
- all federal and state laws of the US relating to cross-border movement of goods; and
- the Australian Postal Corporation Act 1989 and the APTCs.
We have no liability to you for any of Your Parcels that cannot be delivered to you because you have not complied with this requirement. You should refer to the Australian Customs and Border Protection Service website “Clearing goods through Australia” (which is available at Dangerous & Prohibited Parcels page) or the appropriate US governmental authority for further information. You acknowledge and agree that Regulatory Authorities may detain Your Parcels for any reason they deem appropriate and we are not liable for the consequences of any such detention, including any delay or failure to Deliver Your Parcel.
Australia Post reserves the right, but is not obliged to open and inspect any of Your Parcels at any time and for any purpose, including but not limited to:
- inspecting the contents of Your Parcel;
- assessing Your Parcel for customs declaration purposes;
- assessing whether any of the Parcels in Your Parcel are Prohibited Parcels or are otherwise prohibited under these terms; and
- checking any of Your Parcels which arrive opened or damaged at a Warehouse to assess whether Parcels in Your Parcel are suitable for onward shipping to the Delivery Address.
We may open and repack Your Parcels without notice to you to assess the contents of the Parcel. We are under no obligation to, but may choose to, use more efficient packaging to reduce your overall shipping charge and will advise you in this circumstance.
In the circumstance that Your Parcel requires special or extraordinary packaging, there will be an additional charge. You will be advised of these costs and asked for permission prior to repacking.
You agree that any such repacking of Your Parcels may mean the return, refund or exchange policy of the Merchant for the Parcels becomes invalid, void or cancelled. Australia Post shall not be liable to you for any loss, damage or liability which may be suffered or incurred by you as a result of repacking a Parcel.
We may, but are not obliged to, arrange for Your Parcels to be returned to the relevant Merchant or sent to another address in the US after Your Parcel has been received at our Warehouse and before it has left the Warehouse for Shipping if you request that we do so and pay our applicable Charges.
Without limiting our other rights, we may, at our sole discretion and with or without notice to you but at your cost, arrange for the return of Your Parcels to the relevant Merchant if you have not paid the Charges for, or provided us with all information we request to Deliver, Your Parcel within 28 days of us notifying you of those Charges.
We will have no liability to you whatsoever for damage to, delay in delivery or loss of, Your Parcels which we have arranged to return to a Merchant on your behalf.
If you wish to return Parcels to a Merchant after they have left a Warehouse for delivery to the Delivery Address, you are solely responsible for arranging for the return of such Parcels.
- We may destroy or dispose of Your Parcels or individual Parcels in Your Parcels in any manner we see fit at your cost and without notice or liability to you if:
- you have not paid the Charges for, or provided us with all information we request to Deliver, Your Parcel within 28 days of us notifying you of those Charges.
The Charges for the Services are set out on the ShopMate website. Shipping Charges are based on the greater of the actual or volumetric weight of Your Parcel. The weight and measurements we use to determine the Charges for Your Parcel will be the weight and measurements determined by Australia Post at the Warehouse. We will notify you of all applicable Charges for Your Parcel. If there is any inconsistency between the Charges on the ShopMate website and the Charges in our notice to you, the Charges in our notice to you will prevail.
We may amend the Charges
Australia Post reserves the right at our sole discretion at any time, to amend our Charges, including the method of calculating any Charges. If we do this, we will publicise the change on the ShopMate Website.
Charges and Payments
You will pay us all Charges relating to the Services provided in respect of Your Parcels. All Charges must be paid in Australian dollars using the ShopMate website and are non-refundable. No other form or method of payment will be accepted. We will not Ship your Parcel until all Charges in respect of that Parcel have been paid in full.
Credit card numbers will not be stored on the web site and will never be made publicly available. All information concerning your order is encrypted and can only be viewed by members of the ShopMate team with authorised access to that information. Your credit/debit card data will be used to complete payment and will be stored securely by SecurePay. Your credit card details are not visible to the members of the ShopMate team.
You warrant that you are the owner of the credit or debit card used by you for making payments through the ShopMate website or are authorised by the owner of that credit or debit card to make such payments.
Taxes and duties
You are responsible for paying all taxes, duties and customs clearance and other charges:
- relating to the Shipping of Your Parcels from our Warehouse and Delivery to the Delivery Address; and
- for any of Your Parcels which arrive at our Warehouse with any such taxes, duties or charges unpaid.
Promotional codes entitle a ShopMate user to a discount on the Charges during specified periods.
Promotional codes will only be valid for a limited period of time. The duration and expiry dates of the relevant promotional code will be included with the promotional code.
The terms of the promotional code will specify whether the code can be used only for a limited number of Your Parcels, or for multiple Parcels.
Only one promotional code at a time can be used for Your Parcels.
Promotional codes cannot be used in conjunction with any other promotions or special offers, unless we explicitly state otherwise.
We reserve the right to refuse to accept a promotional code where it is not used in accordance with these terms or the terms of the promotional code itself.
We reserve the right to terminate the validity of a promotional code at any time.
Exclusions of Liability
- supplying the ShopMate service again; or
- payment of the cost of having the ShopMate service supplied.
Please note that charges to Change Delivery Details will not be reimbursed if Your Parcels are lost.
For support and service delivery purposes your personal information will be disclosed to partner organisations located in Hong Kong and Singapore. Personal information, including your parcel contents will also be disclosed to operational hubs in the United States for customs reporting purposes.
- If we are able to link the marketing/promotional material to your account, we will contact you to see if you would like to arrange to ship or discard the promotional material. After 28 days if we have not heard anything from you, the goods will be discarded automatically.
- If we are unable to link the marketing/promotional material to your customer account, then the goods will have a status of “orphan package”. In this case the promotional material will be discarded automatically after 28 days.
You may, at any time, without cause, suspend or terminate the Your participation in the ShopMate service, save that any incomplete Service or delivery instructions or payment liabilities which exist at the time of any such termination must be completed and effected in full irrespective of any such termination.
If, at the date of termination or suspension, any of Your Parcels received at our Warehouse have not been Delivered to you, these terms will continue to apply to such Parcels until they are Delivered to you, except that if you have not paid all applicable Charges within seven days of termination or suspension we may destroy or dispose of such Parcels as we see fit without any further requirement to give notice to you of our intended actions and we shall have no liability to you whatsoever in respect of such Parcels.
If you need to contact us you can use any of the methods described on our Contact and support page.
“Change Delivery Details” means changing the name or address contained in the Delivery Address to another name or address within Australia after international postage has been paid.
“Charges” means the charges or fees for the Services as described on the ShopMate website and as notified to you in respect of Your Parcels, and includes:
• any charges for return, repacking, disposal or additional compensation cover for Your Parcels;
• any taxes, duties, customs clearance and other charges payable in respect of Your Parcels; and
• any other costs and expenses described in these terms.
These Terms and Conditions are governed by the laws of Victoria, Australia. In the event of a dispute you agree to submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
"Dangerous goods" mean:
- Nail Polish
- Marker (depended on material)
- Printer Ink
- Magnetized material
- Dry Ice
- Automobile parts
- Laboratory testing Equipment
- Camping expeditionary Equipment
- Diving Equipment
- Drilling and Mining Equipment
- Dry (vapor) shipper
“Deliver” has the meaning set out in the APTCs.
“Delivery Address” means the name and address in Australia specified by you through the ShopMate website:
- prior to your payment of the international postage Charges; or
- upon inclusion into the Australia Post My Deliveries website;
“Force Majeure Event” means any event or circumstance beyond our control, including acts of God, action or inaction of any Regulatory Authority, civil disturbance or riots, emergency conditions, labour disputes, statutory constraint, wars, strikes, fires or other catastrophes, theft, equipment failure and acts of terrorism.
“GST” has the meaning contained in the Goods and Services Tax Act 1985;
“Merchant” means a person, organisation or entity in the United States with whom you are able to transact with for the purchase and shipment of Parcels to your ShopMate Address.
“Prohibited Parcels” means:
- Parcels which are inadequately or insecurely packaged for storage, handling or carriage;
- Parcels which are damaged when received at the Warehouse;
- food or perishable Parcels;
- Parcels which are illegal or prohibited by law or any Regulatory Authority, whether in the US or in Australia;
- Parcels that contain Dangerous Goods;
- letters, magazines, catalogues, and any other promotional material;
- any goods or materials classified as hazardous material, dangerous goods, or prohibited or restricted articles by IATA and ICAO, including under the IATA Dangerous Goods Regulations, as amended or updated from time to time; and
- any other Parcels listed in the Australia Post ‘Country & Customs regulations’ guide as prohibited Parcels, high risk Parcels or restricted Parcels.
- the Australian Customs and Border Protection Service;
- the Ministry of Primary Industries;
- any government agency in Australia on behalf the Australian Customs Service or the Ministry of Primary Industries acts; and
- the equivalent of the Australian Customs and Border Protection Service and the Ministry of Primary Industries in the US.
“Ship” means the shipment of Your Parcels from our US Warehouse to your Delivery Address in Australia.
“ShopMate Addresses” means the unique addresses at the US Warehouse allocated to you by ShopMate, as may be amended by us from time to time by giving you notice of any changes to that address, and "ShopMate Address" means one of those addresses.
“Update Delivery Details” means updating the Delivery Details before international postage has been paid or upon your parcels entry into My Deliveries.
“Your Parcel” or “Parcel” means articles purchased and/or addressed to you which you have arranged with a Merchant to be sent to your ShopMate Address.
“Warehouses” means the facility in the US chosen by us as the location at which we will receive, process and store Your Parcels.
1.1 These ShopMate Extra Cover terms and conditions are supplementary to the Australia Post Terms and Conditions and to the extent that any aspect of this special service is not expressly included herein, the Australia Post Terms and Conditions apply.
1.2 Australia Post, You and the addressee on behalf of the Claimant acknowledge and agree that:
1.2.1 these ShopMate Extra Cover terms and conditions do not constitute a contract (or a part of a contract) of the utmost good faith;
1.2.2 without limiting any requirement under the Australia Post Terms and Conditions, there is no duty of disclosure in relation to the Service; and
1.2.3 these ShopMate Extra Cover terms and conditions are not intended to amount to a contract of insurance, to contain provisions of insurance or to otherwise involve an undertaking of liability by way of insurance.
2.1 Except as where expressly defined, all words and phrases used in this Agreement shall have the same meaning if any, given to them in the Australian Postal Corporation Act 1989 and in the Australia Post Terms and Conditions provided, however, that where there is any inconsistency, the meaning shall be as defined in this Agreement to the extent of that inconsistency.
2.2 In this Agreement unless the contrary intention appears:
2.2.1 where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;
2.2.2 words importing a gender include any other gender; and
2.2.3 words in the singular number include the plural and words in the plural number include the singular.
2.3 "agreement" means an agreement between Australia Post and a addressee on the terms of this Schedule 1.
2.4 "Carriage" includes carriage by an employee before lodgment and after delivery in a bag that has been sealed by Australia Post or on behalf of Australia Post or has been locked or held by a community bag holder for lodgment or delivery. [please confirm that this is accurate in relation to the ShopMate Service].
2.5 “Claimant” means the person (being the addressee of an article) who is entitled to claim under the Service in accordance with clause 13 (including pursuant to an assignment provided for under clause 13).
2.6 “Limit”, in relation to an article, means the amount in respect of which the addressee has paid the fee charged by Australia Post for the Service in accordance with clause 7, which in all events shall be no more than $5,000.
2.7 "Lost" means unable to be found or located after reasonable inquiries by Australia Post and includes circumstances where Australia Post reasonably believes that an article has not been delivered.
2.8 "Service" means the ShopMate Extra Cover service which is a special service provided by Australia Post in accordance with the terms of the agreement.
2.9 "SDR" means Special Drawing Right as defined by the International Monetary Fund.
2.10 “Valuable Document” includes but is not limited to passports, certificates of title, academic records, birth certificates and wills.
3. International Carriage
3.1 Australia Post provides the Service in relation to articles lodged for international carriage through the Shopmate Website. The Service is only available for articles using the the ShopMate Service :
3.2 Where an amount payable by Australia Post pursuant to the Service is fixed by or under a convention, in terms of a number of SDRs, no amount shall be otherwise claimable and payments shall be the equivalent amount payable in Australian currency as determined by Australia Post.
4. Service Provided
4.1 Australia Post shall provide the Service when:
4.1.1 a addressee makes a written application for the Service in or on a form prescribed by Australia Post for that purpose;
4.1.2 that application does not relate to any article referred to in clause 8 (to the extent that can reasonably be ascertained at the time of application);
4.1.3 Australia Post accepts that application; and
4.1.4 the addressee pays the fee charged by Australia Post for the Service in accordance with clause 6.
4.2 The Service consists of Australia Post’s agreement that if an article (excluding a Valuable Document) referred to in clause 3 or 4 is lost or damaged whilst being carried by post by Australia Post, Australia Post will, subject to clauses 5 and 6, replace or repair the article or compensate the Claimant in an amount equal to the lesser of the following:
4.2.1 the Claimant’s actual loss; or
4.2.2 the amount of the Limit in respect of that article.
4.3 If a Valuable Document is lost or damaged whilst being carried by post by Australia Post, Australia Post will, subject to clauses 5 and 6, compensate the Claimant in an amount equal to the cost of reconstruction or replacement of the document, at Australia Post’s discretion.
4.4 The addressee warrants that at the time of making an application in accordance with clause 4.1.1, the Limit sought was a true representation of the lesser of the following:
4.4.1 the replacement value of the article (GST inclusive); or
4.4.2 the market value of the article (GST inclusive).
5.1 Australia Post shall not be liable for any amount by which the replacement, reconstruction and/or market value of an article, as applicable, exceeds the Limit in respect of that article.
5.2 Australia Post shall not be liable for any amount claimed under the Service:
5.2.1 where, in the reasonable opinion of Australia Post, damage to or loss of an article arises directly or indirectly from the failure of the addressee to adequately wrap or package the article;
5.2.2 where damage to or loss of an article arises from causes beyond the control of Australia Post including but not limited to natural disasters, acts of war or civil unrest; or
5.2.3 which is consequential or special damage or other indirect loss howsoever arising, including but not limited to, loss of profits, interest, income, utility or loss of market opportunities.
5.3 To the extent permitted by law and notwithstanding anything contained in this part, where a person entitled to claim payment under the Service is also entitled to recover in respect of their loss under a policy of insurance or otherwise, other than from Australia Post, the amount payable under the Service shall be reduced by the amount of any recovery by the person, including recovery under any policy of insurance.
5.4 A Claimant will not be entitled to recover more than the amount of its actual loss.
6.1 The fee for the Service is to be calculated by multiplying the Limit by the rate determined by Australia Post from time to time and in its absolute discretion.
6.2 Australia Post may, from time to time and in its absolute discretion, determine different rates for different ranges of Limit under clause 6.1.
7. Articles for which the Service is unavailable
7.1 No monies are payable under the Service for loss or damage relating to the carriage of articles:
7.1.1 containing bank notes, or bullion;
7.1.2 containing any other substance or thing the carriage of which is prohibited by or under the laws of the Commonwealth or any State or Territory or under the Australia Post Terms and Conditions;
7.1.3 which, in the reasonable opinion of Australia Post, were not or could not be adequately or appropriately packaged for carriage by post; or
7.1.4 where Australia Post upon making reasonable enquiries is unable to determine the extent to which damage was caused or contributed to by Australia Post.
8. Australia Post may retain damaged articles
8.1 Where an amount paid by Australia Post under the Service in respect of an article, or the contents of an article, is greater than or equal to the lesser of the replacement or market value of that article or those contents, Australia Post may retain possession of that article or those contents and in that event such property becomes the property of Australia Post.
8.2 Where an article has, or the contents of an article have, been lost and a payment has been made by Australia Post under the Service in respect of that loss and the article is, or the contents are, subsequently found by Australia Post, Australia Post may notify the Claimant and that Claimant shall, on repayment of Australia Post’s payment within 30 days after receipt of that notice, be entitled to receive delivery of the article or contents.
9.1 All payments made by Australia Post under the Service, whether represented by the acquisition of goods, services, other supplies or otherwise, shall be deemed to be GST inclusive.
PROCESSING OF CLAIMS
10.1 A claim must be made on a duly completed form authorised by Australia Post for the purpose.
10.2 A claim for the loss of an article must provide, together with the claim form -
10.2.1 a receipt evidencing payment of the fee charged by Australia Post for the Service in accordance with clause 6;
10.2.2 such further or other evidence as Australia Post may reasonably require including evidence of entitlement to claim including personal identification, and evidence of the value of the article; and
10.2.3 a statutory declaration as to the details and circumstances of the claim.
11. Time for claim
11.1 No payments will be made under the Service unless a claim is made under clause 10 within 3 months from the date of lodgment of the article.
12. Who can claim
12.1 Subject to clause 12.2:
12.1.1 if the article in relation to which the Service applies has been delivered, only the addressee may claim under the Service; and
12.1.2 if the article in relation to which the Service applies has not been delivered, the addressee may claim under the Service,
12.1.3 provided, however, that either the addressee may irrevocably assign in writing its right to claim to the other.
13. Proof of damage
13.1 A Claimant for damage to an article must provide to Australia Post the damaged article, the wrappings in which the article was carried and delivered together with sufficient evidence to permit Australia Post to reasonably determine that:
13.1.1 the article was in Australia Post's reasonable opinion adequately packed; and
13.1.2 the damage occurred during the carriage of the article by Australia Post or any subsequent authorised carrier of the article.
14. Payment of claim
14.1 Upon receipt of a valid claim, Australia Post will pay to the Claimant:
14.1.1 the amount required to be paid pursuant to clauses 4 and 5; and
14.1.2 in respect of a claim for a Lost article, a refund of the postage originally paid on carriage of the article, excluding the fee charged by Australia Post for the Service in accordance with clause 6, and any registered post or cash-on delivery fee paid.
15. Release and indemnity
15.1 Subject to clause 15.2 upon receipt of a payment under the Service, the sender and the sender on behalf of the Claimant releases and indemnifies Australia Post from and against any action, matter, suit or claim arising directly or indirectly from the loss of or damage to the article or otherwise related directly or indirectly to the carriage of the article.
15.2 The limit of the indemnity provided by the sender pursuant to clause 15.1 will be the amount of any payment made to the Claimant pursuant to this service, in addition to the cost of any legal expenses incurred by Australia Post defending any claim by a sender or addressee in relation to this service.
EXCLUSIONS AND LIMITATIONS
16. Limitation of liability
16.1 To the extent permissible by law, Australia Post expressly disclaims all conditions and warranties, express or implied, in relation to the provision of the Service, or any other matter or thing relating to the agreement. Where the law precludes such exclusion and implies certain conditions and warranties into the agreement, the liability of Australia Post for breach of such condition or warranty shall be limited, at the option of Australia Post, to any one or more of the following:
16.1.1 supplying the service (including the Service) again; or
16.1.2 payment of the cost of having the service (including the Service) supplied again or the actual loss or damage whichever is the lesser.
16.2 Nothing done in pursuance of the agreement, whether constituted by a refund of postage or a payment of money or otherwise, shall constitute an admission of liability by Australia Post.
17.1 The agreement is governed by, and shall be construed in accordance with, the laws in force in the State of Victoria and the courts and registries of courts in that State shall have jurisdiction in the event of a dispute.
18. Conditions of carriage
18.1 The agreement shall not constitute or imply any agreement between Australia Post and the addressee (or any undertaking or obligation whatsoever on the part of Australia Post) with respect of the carriage of any postal article. The Australian Postal Corporation Act 1989, the Regulations and the Australia Post Terms and Conditions and other written instructions published by Australia Post from time to time shall apply to the carriage of articles except to the extent that they are inconsistent with the agreement.
19. Whole agreement
19.1 Subject to clause 1.1 this Agreement contains the whole of the agreement between the parties in relation to the ShopMate Extra Cover Service and any representation or warranty made by either party prior to entering into the agreement shall have no force or effect unless otherwise stated herein.