End User Licence Agreement and Terms and Conditions

1. The basics

(a) “Adpost” means Adpost Group Pty Ltd ABN 70 173 418 731, and our related bodies corporate. This document explains how the agreement is made up and sets out the terms of our agreement with you.

(b) Adpost operates through a website platform and through email and telephone communication, providing printed and promotional products to clients across Australia. We reserve the right to expand the Adpost platforms to serve other industries in the future.

(c) Your use and/or purchase of Adpost’s products, services and websites (including affiliated websites and web and mobile applications (referred to collectively as the “Services”)) is subject to the terms of a legal agreement between you and Adpost.

(d) Unless otherwise agreed in writing with Adpost, your agreement with Adpost will always include the terms and conditions set out in this document (“Main Terms”).

(e) Your agreement with Adpost will also include the terms of any additional notices we send you or post on any website owned or operated by Adpost applicable to the Services, in addition to the Main Terms, together with any agreement we enter into with you in relation to any Services (“Further Terms”).

(f) The Main Terms, together with the Further Terms and the Adpost Privacy Policy form a legally binding agreement between you and Adpost in relation to your use of the Services. This agreement (embodying all of these terms) is referred to below as the “Terms”.

(g) If there is any difference between what the Further Terms say and what the Main Terms say in relation to a Service, then the Further Terms shall prevail in relation to a specific Service.

(h) The Terms will apply to all users of the Services, regardless of whether you have a separate agreement with Adpost.

(i) In this document the following definitions apply:

(A) “we” and “us” refers to Adpost.
(B) “you”, “user”, and “users” refers to any individual or entity who uses the Services

2. Accepting the Terms

(a) Permission to use the Services is conditional upon you agreeing to the Terms. The Services are only offered to you on condition that you read and accept all the Terms and, where applicable, become a licensee of software comprising the Services.

(b) In order to use the Services, you must first agree to the Terms. You are not allowed to use the Services if you do not accept the Terms.

(c) You can accept the Terms by:

(i) clicking to accept or agree to the Terms (the words “I accept”), where this option is made available to you by Adpost in the user interface for any Service (whether through a web browser, mobile app or otherwise); or

(ii) contacting us in writing confirming acceptance of our Terms, or otherwise instructions to proceed after having been given notice of these Terms;

(iii) proceeding with a sale order we have given to you in connection with any Services; or

(iv) by actually using the Services. In this case, you agree that Adpost will treat your use of the Services as acceptance of the Terms from that point onwards.

(d) By clicking ‘I Accept’, purchasing the program, or using the Services, you agree to these Terms. If you do not agree, you must not access or use the Services.

(e) By accepting the Terms, you are granted a non-exclusive licence to use the Services subject in entirety to the Terms.

(f) You may not use the Services if you are not of legal age or capacity to form a binding contract with Adpost, or you are a person barred from receiving the Services by law.

3. Provision of the Services by Adpost

(a) Adpost will use all reasonable endeavours to provide the Services as represented on the Adpost website, over email and telephone correspondence, any Services interface, or on promotional material.

(b) You acknowledge that the form and nature of the Services which Adpost provides may change from time to time without prior notice to you, and you shall remain bound by the Terms as published on this website which will remain in force.

(c) Adpost may refuse to allow you to access the Services at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Adpost’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Adpost when you stop using the Services. Adpost is not required to act in good faith or reasonably.

(d) If Adpost disables access to the website or any Services, or if there is a scheduled or unscheduled outage, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.

(e) Adpost will provide the Services in places and locations as it deems fit (in its sole discretion), except where any Services specify a specific location for any part of the Services, in which case the Services will be provided in that location for the relevant aspect of the Services.

(f) Adpost may in its sole and absolute discretion and without any liability to you or variation of fees payable by you, modify the Services or any component of the Services (including without limitation any software) at any time.

(g) In the event that Adpost publishes or promotes a feature roadmap or otherwise promotes any features of the Services, it shall not be obliged to in fact implement or continue the use of those features.

(h) Your account data and activity are visible only to you and authorised administrators. Other users cannot view your private information.

(i) You acknowledge and agree that while Adpost may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Adpost at any time, at Adpost’s discretion.

4. Supply of Adpost products

(a) These Terms will also apply to the sale by Adpost of products to you.

(b) You acknowledge and agree that all products manufactured by us are manufactured to your specifications, based on approved artwork or instructions and cannot be re-stocked or re-sold.

(c) In the event we source products from manufacturers or importers (“suppliers”), Adpost relies on representations made by our suppliers and, to the fullest extent permitted by law, will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing any supplying the Services[RM2.1].

(d) Adpost will charge your nominated payment card/type as authorised by you during the purchase process with the applicable and correlating price to your nominated products. Once payment has been processed and approved your package will be sent out. Delivery times will vary depending on where in Australia your package is being sent to – we aim to have all purchases dispatched within 5-7 business days of approving your artwork and delivery usually takes between 2-10 business days depending on location. Notwithstanding this, we will not be liable to you for any delays in delivery whatsoever.

(e) Information provided by you will be relied upon for the purposes of delivery. We will not be liable to you for incorrect information provided by you in relation to delivery details. You will be responsible for, at your own cost, any and all fees incurred by us or you in returning any consignments due to your failure to provide inaccurate or incorrect information in relation to delivery details.

(f) You must ensure that someone is available to receive the goods when the goods have been delivered to you. If no one is available, we will not be responsible if the goods have been damaged, lost or stolen.

(g) Adpost attempts to be as accurate as possible. However, Adpost does not warrant that the product descriptions made by Adpost are accurate, complete, reliable, current or error-free. If a product offered by Adpost is not as described, your only remedy is to return it to Adpost in unused condition and obtain a refund or exchange for that product alone, or otherwise as provided by law.

(h) In the event that a product will not be delivered as described on our website or as communicated by email or telephone correspondence, Adpost will discharge its obligations of accurate representation to you by notifying you of any changes prior to delivery of that product to you.

(i) All products purchased by you from Adpost:

a. are pursuant to a shipment contract. Risk for these goods will pass to you once goods are collected by you or despatched by Adpost for delivery;

b. will be delivered using ordinary post with Australia Post. We will not accept any liability for late delivery or non-delivery of goods purchased from Adpost are priced in Australian Dollars; and

c. will be charged, unless expressly stated otherwise, as inclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account.

(i) Title to goods purchased by you from Adpost remains with Adpost until full payment for all goods and Services is received from you. For the avoidance of doubt, you will act as a mere bailee for Adpost in respect of all goods supplied until full payment is completed and received by Adpost.

(j) You acknowledge and agree that Adpost may register a security interest over any goods supplied by us until full payment has been received from you in accordance with the Personal Property Securities Act 2009 (Cth). You agree to do all things necessary to facilitate such registration, including without limitation, executing documents to give effect to the registration.

(k) Adpost accepts no responsibility for any damage to surfaces resulting from the use of magnetic or products supplied by Adpost.

(l) You acknowledge and agree that the freight of goods to and from any location where our Services are carried out, remains your responsibility and you release us from all claims and liability that you may have against us in respect of this. We are not responsible or liable for any lost or damaged goods or goods that have been delayed in transit, whether organised by you or us on your behalf.

5. Fees

(a) You agree to pay all applicable fees for Services as a condition of the ongoing grant of any licence by Adpost to you and or your employees.

(b) You agree to pay all fees charged based on Adpost’s pricing, charges, and billing terms notified to you, including prior to your initial acceptance of these terms. For the avoidance of doubt, this may include any charges contained within the Services.

(c) Except where otherwise agreed with Adpost, the fees for the Services must be paid to Adpost within 30 days from the date in the invoice. We reserve the right to charge:

(A) A 5.00% late payment fee on overdue accounts (where payment of the fees has been arrears for more than 30 days);

(B) Interest at 20.00% per annum, calculated and accruing daily, on outstanding balances;

(C) A dishonour fee of $95.00 where applicable; and

(D) If payment is made by Visa or Mastercard, a 2% surcharge applies. For American Express, a 2.19% surcharge applies. These are subject to change as specified on our invoices from time to time.

(d) Adpost may increase all prices and licence fees associated with the Services or our products at any time. Where your agreement is a fixed term agreement with Adpost, you will only be required to pay fees as agreed between you and Adpost until the end of that fixed term. By continuing to use the Services after that time, (or where there is no fixed term, after notice is given to you of a fee increase) you will agree to those price changes and must pay the revised fees, and the Terms will otherwise continue to apply.

(e) You acknowledge and agree that payments for some Services and products may be processed by our secure third-party payment processor. We do not store your full card details. By purchasing, you authorise us or our payment processor to charge your nominated account. All prices are in Australian dollars unless specified otherwise.

(f) In the event that you do not pay all required fees for Services as and when required, Adpost may terminate the licence granted to use the Services, cease providing the Services, retake possession of any products and recover outstanding debts (including, without limitation, collection, recovery and legal costs on an indemnity basis) immediately and without notice.

(g) Adpost will use reasonable endeavours to replace any product supplied to you that has manufacturing defects caused directly by us or where there are errors not present in the approved artwork that you supplied to us.

(h) Adpost will not in any circumstances be responsible for refunding or replacing products due to your change of mind or if errors existed in the artwork that you had originally supplied to Adpost (as approved by Adpost).

6. Your Use of the Services

(a) You (and any user of the Services) will be subject to and responsible under the Terms, and will also be responsible and indemnify Adpost against all loss and damage occasioned by Adpost as a result of the use of the Services or any breach of the Terms by you and/or any of your employees, servants, agents or contractors.

(b) In order to access certain Services, you will be required to provide information about yourself (identification, payment and contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Adpost will always be accurate, correct and up to date, and will be provided in accordance with the Adpost Privacy Policy.

(c) Adpost will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. Adpost will not be liable to you in any respect or for any amount for any loss suffered by you) if you have not provided accurate information.

(d) Any data you provide to Adpost will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.

(e) You agree to use the Services only for purposes that are agreed at the time of using the Services and in accordance with law.

(f) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Adpost, unless you have been specifically allowed to do so in a separate agreement with Adpost.

(g) You agree that you will not do anything that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

(h) You will be solely responsible for and Adpost will not be liable to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Adpost may suffer) of any such breach. You agree to indemnify Adpost for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damage).

(i) Unless you have been specifically permitted to do so in a separate agreement with Adpost, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

(j) You agree that Adpost’s website may require updates and Adpost is released from all liability and loss caused in relation to any updates.

7. Use of Adtrack GPS software or devices

(a) Adpost may, in the course of delivering the Services, provide access to and use Adtrack GPS tracked delivery services to assist you in tracking any products purchased from us and/or being delivered by us on your behalf (Adtrack GPS).

(b) You acknowledge and agree that there is no guarantee that the Adtrack GPS service will be available at all times, and that Adposts’ ability to provide Adtrack GPS is subject to it having access to signal or connectivity. Adpost will not be liable or responsible in any circumstances for any lack of signal or connectivity issue affecting the Adtrack GPS software or devices.

(c) You acknowledge that Adtrack GPS may attract Fees and you agree to pay those Fees as required by these terms as a condition of your use of the Services (and the Adtrack GPS).

(d) Adtrack GPS may be subject to usage restrictions that are applicable to any subscription terms notified to you. You acknowledge that if you exceed those restrictions, you may no longer be able to use Adtrack GPS.

(e) The Adtrack GPS may also be subject to usage frequency limits which are applicable to all users of Adtrack GPS. Adpost reserves the right to limit the number of requests made for the use of Adtrack GPS without recourse to you and without notice where it is required to do so in order to adhere to usage frequency limits applicable to the use of Adtrack GPS.

(f) You acknowledge that Adpost has no control over the output generated by Adtrack GPS (for example, the precise location of Adpost’s products and Services). Adpost expressly disclaims liability for all such material and inaccurate tracking data. You unconditionally and irrevocably agree to release and indemnify Adpost against any and all claims for loss and damage arising out of or in connection with any output or location content generated by Adtrack GPS.

8. Your account security and data security

(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Your responsibility extends to any account or user associated with your organisation. Adpost will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.

(b) You agree that you will be solely responsible to Adpost for all activities that occur under your account, and Adpost will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.

(c) You may not transfer your account to any other person, unless specifically agreed in writing by Adpost.

(d) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify Adpost immediately at info@adpost.com.au.

(e) We take commercially reasonable steps to protect your personal information and secure your account. However, no system is completely secure, and you use the Services at your own risk.

(f) To the fullest extent permitted by law, you unconditionally and irrevocably release Adpost from all claims for loss and damage in connection with any data breach, hack or other incident which results in your data being accessed by any other party. This will include any data related to credit card information provided by you.

9. Privacy and personal information

(a) Adpost will collect personal information about you in order to provide the Services and for purposes otherwise set out in our Privacy Policy.

(b) The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our Services. This is limited by our Privacy Policy.

(c) You agree to the use of your data in accordance with Adpost’ Privacy Policy. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

10. Intellectual property

(a) Adpost has the right to use the “Adpost” name and “Adpost” intellectual property in the provision of the Services.

(b) You acknowledge and agree that Adpost (or Adpost’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Adpost and that you shall not disclose such information without Adpost’s prior written consent.

(c) You acknowledge that you have no ownership in the intellectual property comprised in the Services.

(d) Unless you have agreed otherwise in writing with Adpost, nothing in the Terms gives you a right to use any of Adpost’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by Adpost), or any other intellectual property rights belonging to or licensed by Adpost, including within the Services.

(e) In the event that Adpost creates any aspect of the Services or any other work at your request, you irrevocably agree that Adpost will own all intellectual property in such work and its product. You will transfer or assign all such rights on request by Adpost.

(f) You agree to wholly indemnify Adpost for any loss or damage suffered by Adpost by reason of any breach by you of this clause.

11. Indemnity and release

(a) To the fullest extent permitted by law, you agree to indemnify Adpost and hold it harmless against any loss (either direct or indirect) damage or expense whatsoever which Adpost may suffer or incur in respect of:

(1) Your use of the Services or Adpost products;

(2) Any breach by you of the provisions of the Terms;

(3) Any claims in connection with your use of the Services or products by any person;

(4) Any claims by any person in connection with your infringement of any intellectual property rights arising from your use of the Services; and/or

(5) Any claims by any person against you arising out of or in respect of the exploitation of the intellectual property in the Services by Adpost.

(b) You irrevocably release Adpost and waive all claims for which you may have in the future against Adpost, in respect of any action, claims for or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by Adpost, or your use of the Services or products.

12. Terminating the agreement

(a) The Terms will continue to apply until terminated by either you or Adpost as set out below.

(b) You may terminate this agreement by giving notice or any other notice requirement specified in Further Terms or other agreement between you and Adpost. Any fees paid prior to termination will not be refundable to you. You will also be required to pay all fees up to and including the end of the current billing period.

(c) In the event that this agreement is terminated, after an order has been made for any Services or products, you must pay for those Services or products in full (subject to our refund terms specified in these Terms).

(d) Adpost may at any time, terminate its legal agreement with you if:

(i) you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or

(ii) Adpost is required to do so by law; or

(iii) any third party regarding whom Adpost offered the Services to you has terminated its relationship with Adpost or ceased to offer the Services to Adpost or you; or

(iv) you or your employer have not made payment as required for the Services; or

(v) Adpost is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(vi) the provision of the Services to you by Adpost is, in Adpost’ opinion, no longer commercially viable; or

(vii) for any other reason Adpost in its reasonable discretion thinks fit.

(e) Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Services, unless otherwise agreed in writing with Adpost.

(f) Upon termination of the agreement, any fees, expenses or reimbursements payable by you in respect of the period prior to the termination must be paid by you within 7 days after the termination date.

(g) Nothing in this Section shall affect Adpost’s rights regarding provision of Services under the Terms.

13. Exclusion of liability

(a) You expressly acknowledge that Adpost may back up any data related to the Services at its discretion. It is your responsibility to back up all data, subject to your compliance with the Terms. Adpost shall not be responsible under any circumstances for any data loss suffered by you and you unconditionally release Adpost from all associated claims.

(b) Nothing in these terms, shall exclude or limit Adpost’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law (including the Australian Consumer Law) or otherwise contained in any warranty identified in any Further Terms. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

(c) You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available.” Adpost has no service level agreement for your benefit, but in the event of any performance issues, will use its best endeavours to provide support.

(d) Adpost may use a third-party platform to host the Services. Accordingly, it will have no control over the performance or uptime of the services. You expressly acknowledge this and release Adpost from all claims for any loss and damage suffered in connection with any downtime or failure of performance of the Services.

(e) You agree that Adpost will have scheduled and unscheduled downtime and outages for, inter alia, bug fixes and upgrades. Adpost shall not be liable to you in connection with any outages and you unconditionally and irrevocably release Adpost from all claims in connection with or arising out of outages and downtime.

(f) In particular, Adpost does not represent or warrant to you that (and you will have no claims for any liability, loss or damage arising out of the following):

(i) your use of the Services will meet your requirements;

(ii) any of the information or content you access using the Services is accurate, reliable, or that any particular result or effect will be achieved by using the Services or any of the content accessed or downloaded using the Services;

(iii) your use of the Services will be uninterrupted, timely, secure or free from error, bugs or viruses;

(iv) any information obtained by you as a result of your use of the Services will be accurate or reliable; and

(v) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

(g) Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

(h) No advice or information, whether oral or written, obtained by you from Adpost or through or from the Services shall create any warranty not expressly stated in the Terms.

(i) Adpost further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, to the full extent permitted by law.

14. Limitation of Liability

(a) You expressly understand and agree that Adpost, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(i) 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 not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(ii) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;

(iii) any changes which Adpost may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

(v) your failure to provide Adpost with accurate account information;

(vi) your failure to keep your password or account details secure and confidential;

(vii) our failure to provide Services or any delay in providing Services which result from circumstances beyond our reasonable control;

(b) The limitations on Adpost’ liability to you above shall apply whether or not Adpost has been advised of or should have been aware of the possibility of any such losses arising.

(c) We shall not be liable to you for any delay or failure to perform or provide the Services by reason of any circumstances beyond our reasonable control.

(d) To the extent permitted by law, in the event that Adpost is found to be liable to you, our liability shall be limited to repair, replacement, or resupply of any Services.

15. Other content

(a) The Services may include hyperlinks to other web sites or content or resources. Adpost may have no control over any web sites or resources which are provided by companies or persons other than Adpost.

(b) You acknowledge and agree that Adpost is not responsible for the availability of any such external sites or resources, including any third party integrated software and payment services providers, and does not endorse any advertising, products or other materials on or available from such web sites or resources, and is not liable for any loss or damage which may be incurred by you in accessing those websites or resources.

16. Changes to the Terms

(a) Adpost may make changes to the Terms from time to time. When these changes are made, Adpost will make a new copy of the Terms available on any platform through which the Services are accessed. Adpost shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time. Adpost may choose to notify a primary account holder.

(b) You understand and agree that if you use the Services after the date on which the Main Terms or Further Terms have changed, Adpost will treat your use as acceptance of the updated Terms.

17. General

(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

(b) The Terms constitute the whole legal agreement between you and Adpost and govern your use of the Services (but excluding any services which Adpost may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and Adpost in relation to the Services.

(c) You may not assign your obligations or rights under the Terms without Adpost’s written consent. Adpost may assign its rights and obligations under the Terms to any other person or entity at any time and without the need for your consent.

(d) You agree that Adpost may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

(e) You agree that if Adpost does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Adpost has the benefit of under any applicable law), this will not be taken to be a waiver of Adpost’s rights and that those rights or remedies will still be available to Adpost.

(f) If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

(g) No agency or partnership shall be construed to have been created by virtue of this agreement.

(h) You acknowledge and agree that each member of any company or entity to which Adpost is directly related (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

(i) The Terms, and your relationship with Adpost under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable). You and Adpost agree to submit to the non-exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms.

(j) You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. Adpost shall not be liable for any breach of this warranty.

(k) Any disputes must be notified in writing to Adpost within 14 days of the invoice date. Failure to notify Adpost of a dispute within this period constitutes acceptance of the goods and charges and you forfeit your right to hold Adpost responsible for any damages, claims, liabilities, costs and expenses, except where permitted by law.