Terms of Condition
1.About the Website
As a condition of use you are required to be at least 18 years of age
(a) Welcome to www.simplypostit.com.au (Website). The website facilitates interactions between:
- parties providing services (provider), and
- parties receiving services (Receiver),
- making it easier for the receiver and the provider to locate, communicate, arrange payment and deliver the service in a fast and secure manner (Services).
(b)The Website (Simply post it) is operated by Norah Head Media (ABN 58 257 885 704). Access to and use of the website, or any of its associated products or services, is provided by Norah Head Media. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the website, this signifies that you have read, understood and agree to be bound by the terms. If you do not agree with the terms, you must cease usage of the website, or any of its products or services, immediately.
(c) Simply post it reserves the right to review and change any of the terms by updating this page at its sole discretion. When Simply post it updates of the terms. Any changes to the terms take immediate effect from the date of their publication. Before you continue we recommend you keep a copy of the terms for your record.
2. Acceptance of the terms
You accept the terms by registering for the services and/or making any payment as required under the terms for use of the services. You may also accept the terms by clicking to accept or agree to the terms where and if this option is made available to you by Simply post it in the user interface.
3.The Services
As part of the registration process, or as part of your continued use of the services you may be required to provide personal information about yourself (such as identification or contact details), including
- Email Address
- Preferred username
- Telephone number
- Password
(b) You warrant that any information you give to Simply post it in the course of completing the registration process will always be accurate and up to date.
(c) Once you have completed the registration process you will be a registered member of the website (Member) and agree to be bound by the terms and conditions.
(d) You may use the services and may not accept the terms if:
- you are not of legal age to form a binding contract with Simply post it or
- you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services.
4.Your obligation as a Member
4.1 As a member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the services only for the purposes that are permitted by:
- the terms and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions:
(c) you have sole responsibility for the protection of your password and/email address. Use of your password by any other person may result in the immediate cancellation of the services
(d) any use of your registration by any other person or third parties is strictly prohibited. You agree to immediately notify Simply post it of any unauthorized use of your password or email address or breach of security of which you have become aware.
(e) you must not expressly or impliedly impersonate another member or use the profile or password of another member at any time
(f) any content that you broadcast, publish, upload, transmit post or distribute on the website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of your content
(g) you agree not to harass, impersonate, stalk, threaten another member of the website (Where interaction with other members is made available to you).
(h) access and use of the website is limited, non-transferable and allows for the sole use of the website by you for the purposes of providing the services.
(I) you will not use the services or the website for any illegal and/or unauthorised use which includes collecting email addresses of members by electronic or other means data.
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from members profiles without notice and may result in termination of the services. Appropriate legal action will be taken by Simply post it for any illegal or unauthorised use of the website: and
(l) you acknowledge and agree that any automated use of the website or its services.
7. Refund Policy
(a) Since Simply post it is only facilitating in the introducing the receiver to the provider and providing a system to make safe payment, Simply post it does not hold any liability to the receiver directly and will not personally refund them any payments made in use of services.
(b) Notwithstanding the above clause if a receiver is unsatisfied with the service provided by the provider or believes that they may be entitled to a refund then Simply post it requires the receiver to
- contact the provider directly to make a refund and
- if contacting the provider is not successful after 8 days, contact Simply post it through the contact us section of the website outlining why you believe you are entitled to a refund so we are able to determine if the provider should be removed from the services.
9. Copyright and intellectual property
(a) The website, the services and all related products of Simply post it are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treatises. Unless otherwise indicated all rights (including copyright) in the services and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website ccode, scripts, design elements and interactive features) or the services owned or controlled for these purposes, and are reserved by Simply post it or its contributors
(b) All trademarks, service marks and trade names are owned, registered and/or Licensed by Simply post it who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a member to:
- use the website pursuant the terms.
- copy and store the website and the material contained in the website in your devices cache memory: and
- print pages from the website for your own personal and non-commercial use.
Simply post it does not grant you any other rights whatsoever in relation to the website or the services. All other rights are expressly reserved by Simply post it
(c) Simply post it retains all rights, title and interest in and to the website will transfer any :
- business name, trading name, domain name, trademark, industrial design, patent registered design or copyright or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaption or modification of such a thing, system or process). to you
- You may not without prior written permission of Simply post it and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit post distribute show or play in pubic, adapt or change in anyway the services or third party services for any purpose, unless otherwise provided by these terms. The prohibition does not extend to materials on the website, which are freely available for re-use or are in the public domain.
- Where you broadcast, publish, upload, transmit, post or distribute your content on the website, then you grant to Simply post it a non-exclusive, transferrable perpetual, royalty-free, irrevocable, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change your content
10. Privacy
Simply post it takes your privacy seriously and any information provided through use of the website and/or services are subject to Simply post it privacy policy which is available here.
11.General Disclaimer
(a) Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including Australian consumer law (or any liability under them) which by law may not limited or exceeded
(b) subject to this clause, enter the extent permitted by law
- or terms, guarantees, warrantees, representations or conditions which are not expressly stated in the terms are excluded and
- Simply post it will not be liable for any special indirect or consequential damages or loss (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee (loss of profit or opportunity or damage to goodwill arising out of or in connection with services with these terms ( including as a result of not being able to use the services or the late supply of the services) whether at common-law, under contract, taught (including negligence) in equity pursuant to statute or otherwise
(c) use of the website (Simply post it) and the services is at your own risk. everything on the website and the services provided to you “as is” and “as available” without warranty or conditions of any kind. non of the affiliates, directors, officers, employees, agents, contributors and licensees Simply post it make any express or implied representation or warranty about the services or products (including the products of Norah Head Media) referred to on the website this includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delays in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records,
- the accuracy, suitability or currency of any information on the website, the services, or an of it services related products (including third party material and advertisements on the website);
- costs incurred as a result of you using the website, the services or any of the products of Simply post it: and
- the services or operation in respect to links which are provided for your convenience.
(d) You acknowledge that simply post it website and the service are only intended to facilitate the interactions between the receiver and the provider and does not offer any services other than the Membership services and Simply post it holds no liability to you as a result of any conduct of the members or the misuse of your content by any party (including other members)
12. Limitation of Liability
(a) Simply post it total liability arising out of or in connection with the services or these terms, however arising including under contract, tort (including negligence), in equity under statue or otherwise will not exceed the resupply of the services to you.
(b) You understand and agree that Simply post it its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include but is not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Simply post it holds no liability for any direct or indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the website.
13. Termination of Contract
(a) If you want to terminate the terms you may do so by providing Simply post it with 14 days notice of your intention to terminate by sending notice of your intention to terminate to Simply post it via contact us link on our home page
(b) Simply post it may at any time terminate the terms with you if;
- you have breached any provisions of the terms or intend to breach any provision;
- Simply post it is required to do so by law,
- Simply post it is transitioning to no longer providing the services to members in the country which you are resident or from which you use the service or
- the provision of the services to you by Simply post it no longer commercially viable
(c) Subject to local applicable laws Simply post it reserves the right to discontinue or cancel your membership at any time and may suspend or deny in its sole discretion, your access to all or any portion of the website or the services without any notice if you breach any of the terms or any applicable law or if your conduct impact Simply post it name or reputation or violates the rights of those of another party
(d)When the terms come to an end all of the legal rights, obligations and liabilities that you and Simply post it have benefit from been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Indemnity
(a) You agree to indemnify Simply post it its affiliates employees, agents, contributors and third-party content providers and licensors from and against.
- all actions suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so and/or
- any breach of the terms
15 Dispute Resolution
(a) Compulsory:
if a dispute arises out of or relates to the terms, either party may commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the terms claiming a dispute (Dispute) has arisen under the terms, must give written notice to the other party detailing the nature of the dispute
(c) Resolution:
On receipt of that notice (Notice)by that other party, the party to the terms (Parties)
- within 28 days of the notice endeavor in good faith to resolve the dispute expeditiously by negotiation r such other means upon which they may mutually agree.
- If for any reason whatsoever 28 days after date of the notice, the dispute has not been resolved, the parties must request that an appropriate mediator be appointed.
- The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with mediation.
- the mediation will be held in Sydney NSW, Australia
(d) Confidential
All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, mut be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation
If 4 weeks have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The services offered by Simply post it is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia
17. Governing Law
The terms are governed by the laws of New South Wales Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted and construed by, under pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties here to and their successors and assigns.
18.Independent Legal Advice
Both parties confirm and declare that the provisions of the terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
19. Severance
If any part of these terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of terms shall remain in force.
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