Australia Post: movingservices.com.au, Disconnect and Connect Utility Terms and Conditions

Terms and Conditions

1	These terms and conditions apply to form a contract between a Customer and Australia Post when:
1.1.	a customer (an 'Applicant') makes a written application to use the Australia Post Utility Accounts Service (the “Service”) in or on a form prescribed by Australia Post for this purpose; and
1.2.	Australia Post accepts the written application.

Except as where expressly defined, all words and phrases used in this Service Agreement shall have the same meaning if any, given to them in the Australian Postal Corporation Act 1989 and the Australia Post Terms and Conditions made under that Act, provided, however, that where there is any inconsistency, the meaning shall be as defined in the Agreement to the extent of that inconsistency.

In these terms and conditions unless the contrary intention appears:

“Agreement” means an Agreement between Australia Post and an Applicant pursuant to clause 1.

“Address” means an address at which a Utility provides a service to the Applicant.

"Applicant" means the person who applies to be, and is accepted as, a customer of the Service, and - where the context permits - the word includes all persons who are included in any combined Service application;

“Customer” has the same meaning as “Applicant” and means a person who is applying to have their utility service disconnected, connected or both;

“Service” means the Utility Accounts Service available at auspost.com.au/movingservices This service enables customers to make a service request via Australia Post to a Utility provider to supply a selected utility service to the customer’s address, in contemplation of, or consequence of, a change of address.

“Utility” means an organisation participating in the Utility Accounts Service offered at auspost.com.au/movingservices

Australia Post has the right to refuse to act upon any information supplied in connection with the Service, if Australia Post (in its absolute discretion) determines that further information should be obtained. Australia Post is not liable for the consequence of any failure to supply the Service or pass on any information to any Utility where this clause is operative.

Australia Post is not liable for any unintentionally incorrect or intentionally false information supplied by Applicants, or for the consequence of any Utility’s delay or inability for any reason to provide disconnection or connection services at the address, or time, nominated by Applicants, or at all.

6	Australia Post is not liable to any Third Party for the consequence of any errors caused by the supply of incorrect or incomplete information.

7	Applicants warrant the accuracy of personal details (including names and all addresses) specified on this form.

8	The Applicant acknowledges that it is an offence to change or amend another person’s address details without their authorisation.

9	Applicants will indemnify Australia Post in respect of the consequence of use of any information supplied by applicants on this form.

10	Australia Post will make reasonable efforts to pass notification requests to nominated Utilities. Save for any liability imposed by law which is incapable of being withdrawn, Australia Post accepts no liability for the consequence of the Applicant's use of this service.

Subject to clause 13 and to the Australia Post Terms and Conditions, Australia Post 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 Australia Post in relation to the provision of the service, or any other matter or thing relating to this Agreement.

12	To the maximum extent permitted by law, Australia Post expressly disclaims all conditions and warranties, express or implied, in respect of the Service provided pursuant to this Agreement. Where the law precludes such exclusion and implies certain conditions and warranties into this 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:
	(a) supplying the service again; or
	(b) payment of the cost of having the service supplied again.

The Applicant shall release and indemnify Australia Post against any loss or damage whatsoever which Australia Post may suffer as a result of any action, proceeding, claim, demand or prosecution arising from the provision of the service, or any other matter or thing arising as a result of this Agreement, including loss or damage arising from the negligent acts or omissions of Australia Post, pursuant to this Agreement.

14	This application cannot be terminated after lodgement by the Applicant. Australia Post may refuse to accept or process this application where Australia Post believes on reasonable grounds that:
	(a) The application is being used for, or in connection with, any improper, unintended, unauthorised, or illegal activity;
	(b) The Applicant does not, or may not, have the authority to request provision of the service on another person’s behalf;
	(c) The Applicant was not entitled or authorised to make the application; or
	(d) The Applicant has breached a term of the agreement

The provisions of clause 14 apply notwithstanding that the application may have already been approved, and Australia Post reserves the right to refuse, suspend or cancel the application whatsoever and no liability shall accrue to Australia Post for any loss damage arising as a result of the refusal, cancellation or suspension.

Australia Post shall not be in default under the terms of this agreement nor liable for failure to observe or perform in accordance with any provision of this agreement for any reason or cause which could not with reasonable diligence be controlled or prevented by it, including without limitation, war, insurrection, riot, civil commotion, strikes, lock-outs, labour or industrial disputes, acts of God, acts of Governments or flood, storm, tempest, power shortages or power failure, inability to obtain sufficient labour, raw materials, fuel or utilities. During the period of an incident or incidents of "Force Majeure" this agreement shall be suspended and delivery will recommence after the incident or incidents of "Force Majeure" end.

17	All the rights, immunities and limitations of liability in this Agreement shall continue to have their full force and effect in all circumstances notwithstanding any breach of contract or of any conditions hereof by Australia Post.