Australia Post Data Terms

Last updated: 1 December, 2024

The following Data Terms (including each of its Parts A and B) (collectively, the AP Terms) form part of your agreement with Addressfinder (the Addressfinder Agreement) and apply in relation to your access to, and use of, Australia Post Data provided or made available to you via the Services under the Addressfinder Agreement.

Part A - Permitted Use

Australia Post Data

You are only permitted to use the Australia Post Data that is made available to you under Your Plan as specified on the Addressfinder Primary Site.

For the sake of clarity, you are not permitted to use any Australia Post Data referred to in these AP Terms if that Australia Post Data is not included in Your Plan.

If you are unsure what is included in Your Plan, please get in touch with us.

Data provided via the autocomplete service

If you are provided with Australia Post Data via the autocomplete service then, subject to your compliance with these AP Terms, you may use that data as part of the autocomplete service (which is AMAS Approved Software) solely for the purpose(s) of: (a) searching and collecting of Australia Post verified addresses/data; (b) appending DPID’s to Australia Post verified addresses which have been collected via the autocomplete service (but not via any bulk cleansing service); and (c) evaluation or demonstration in non-production environments, on the condition that the evaluation or demonstration time does not exceed is three months.

Data provided via the bulk cleansing service

If you are provided with Australia Post Data via the bulk cleansing service on the Addressfinder Platform:

(a) subject to your compliance with these AP Terms, you may use that data as part of the bulk cleansing service solely for the purpose(s) of: (i) validating addresses in an existing address database solely owned by you; and (ii) validating addresses within an existing address database, as part of a data matching exercise, to link to other databases for the purposes of enriching the existing address database.

(b) subject to your compliance with these AP Terms, you are permitted to: (i) use the validated addresses/data for your internal business purposes only; (ii) use the validated addresses/data in existing address databases solely owned by you for the purpose of joining and/or appending data or attributes from one database to the other; and (iii) disclose the validated addresses/data to another person (including your subsidiaries, agents and franchisees), on the condition that: (A) the recipient of the validated addresses will not (and agrees not to) disclose the validated addresses to any other person; and (B) the recipient of the validated addresses will only use the validated addresses for purposes that are directly related to your internal business purpose and not any other purpose.

(c) You must not: (i) use any validated addresses/data, whether owned by you or not, for the purpose of on-selling or commercial gain (including commercial gain from any derived insights); (ii) provide validated addresses/data to third parties, unless those third parties are contracted to carry out some work on your behalf strictly for your internal business purposes only; and (iii) create any derivative works from the validated addresses/data, unless it is solely for your internal business purposes and will not be commercialised, passed on or offered to any third party for commercial gain.

Part B - General Terms

1. Definitions

Unless otherwise defined in these AP Terms, terms defined in the Addressfinder Agreement will have their defined meaning in these AP Terms. In addition, terms defined in these AP Terms will have their meaning throughout these AP Terms.

In these AP Terms:

Addressfinder Platform means the software providing the Services under the AddressFinder Agreement.

AMAS Approved Software means software that has been approved by Australia Post in accordance with the Address Matching Approval System rules.

AP Services means access to, and use of, Australia Post Data in accordance with these AP Terms and as described in these AP Terms.

Australia Post means Australian Postal Corporation (ABN 28 864 970 579) of 111 Bourke Street, Melbourne, VIC 3000.

Australia Post Data means the Australia Post PAF and/or Australia Post Geocoded PAF data that is supplied to you via the Addressfinder Platform and pursuant to these AP Terms.

Claim means any claim, action, proceeding or investigation of any nature or kind and includes the allegation of a claim.

Data Principles means the principles that govern how Australia Post Data must be used by parties other than Australia Post (including you), as set out in clause 4 (Data Principles) below.

Intellectual Property Rights means all rights ordinarily falling within the scope of the term, including: (a) existing and future copyright; (b) rights in designs, patents, semiconductors and circuit layouts; (c) rights in trade marks and in business and company names; and (d) all rights in any applications for or registrations of the rights described in (a)-(c) above, whether registered or unregistered, whether registrable or not and existing in Australia or elsewhere in the world.

Laws means all laws including rules of common law and equity, statutes, regulations, determinations, by-laws, ministerial directions, subordinate legislation, ordinances, mandatory codes, standards and guidelines, writs, orders, injunctions and judgements and any applicable government authority requirement.

Loss means loss, damage, liability, charge, expense, outgoing or cost (including all legal and other professional costs on a full indemnity basis) of any nature or kind.

Personal Information has the meaning given to that expression in the Privacy Act 1988 (Cth).

Privacy Laws means any applicable privacy or data protection Laws relating to the collection, use, processing, disclosure, storage or granting of access to Personal Information which may include the Privacy Act 1988 (Cth) and any binding ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under any of them.

2. Interpretations

(a) These AP Terms consist of the following parts: (i) Part A (Permitted Use); and (ii) Part B (General Terms). If there is any inconsistency between the parts listed above, unless expressly agreed otherwise in writing by Addressfinder (with reference to this clause), Part B (General Terms) will prevail to the extent of the inconsistency.

(b) Unless expressed to the contrary in these AP Terms, in these AP Terms: (i) headings are for convenience only and do not affect the interpretation of this Agreement; (ii) if a word or phrase is defined its other grammatical forms have corresponding meanings; (iii) “includes” means includes without limitation; (iv) no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it; and (v) a reference to: (A) any legislation includes subordinate legislation created under it and is a reference to that legislation as modified, consolidated or replaced; and (B) a right includes a benefit, remedy, discretion or power; (C) time is to local time in Victoria, Australia. (vi) any notice, direction, guidelines, determination or recommendation that these AP Terms specify may be provided by Australia Post may be provided by or via Addressfinder.

3. No contract or liability

These AP Terms do not create a contractual relationship between you and Australia Post and you agree that Australia Post has no obligations or liability to you.

4. Data Principles

(a) You acknowledge and agree that Australia Post is a government business enterprise and, as such, it must have regard to community expectations and public policy when conducting its activities.

(b) In addition to any limitations or requirements set out in these AP Terms, you must adhere to the following principles (the “Data Principles”) when accessing or using any AP Services: (i) the AP Services must not be used in any way that is likely to (as determined by Australia Post, acting reasonably): (A) cause harm, including financial, physical or psychological harm, to an individual; (B) adversely affect the reputation or commercial interests of Australia Post; (C) be contrary to the expectations of public trust in Australia Post; (D) be contrary to the values of Australia Post; or (E) be objectionable to the Australian community; (ii) the AP Services must not be used: (A) for any fraudulent purpose, including identity theft; (B) to discriminate against, harass, vilify, offend or stalk a person, or assist any other party to engage in such conduct; or (C) for the purpose of avoiding compliance with any Laws, including Laws regarding modern slavery; (iii) without limiting your obligations under clause 6(b), if you receive any Personal Information from Australia Post under these AP Terms (including via the Addressfinder Platform), you must: (A) where practicable (irrespective of whether it is required under Privacy Laws) obtain the prior consent of any individual to whom the Personal Information relates for your collection, use and disclosure of the Personal Information in accordance with these AP Terms; and (B) include appropriate disclosures in your privacy policy and any privacy notices of your collection, use and disclosure of the Personal Information in accordance with these AP Terms; and (iv) your use of the AP Services must comply with all applicable Laws and regulatory directions and guidance including any directions or guidance provided by the Postal Industry Ombudsman (as notified by Australia Post to you) or the Office of the Australian Information Commissioner.

(c) In addition to any rights under these AP Terms (including under clause 10) if Australia Post believes that the use by you of any AP Services is contrary to any of the Data Principles, Australia Post may give written notice to that effect to you including reasonable details of the particular use of the AP Services that Australia Post contends contravenes the Data Principles.

(d) On receiving a notice under clause 4(c), you must immediately cease the relevant use of the AP Services.

5. Obligations

(a) You must comply with all obligations as specified in these AP Terms and any other reasonable directions provided by Australia Post or Addressfinder from time to time in writing.

(b) You must: (i) not make any false, misleading or deceptive representations in relation to the AP Services, including as to the quality or other characteristics of the AP Services; (ii) act in good faith at all times towards Australia Post and give Australia Post such assistance and co-operation as Australia Post reasonably requests in order to provide the AP Services; and (iii) not do anything which may adversely affect the reputation of Australia Post.

(c) You must not at any time use the Addressfinder Platform to systematically create a list or set of records that is substantially similar or competitive to the Australia Post Data.

6. Personal Information

(a) The Australia Post Data provided to you pursuant to these AP Terms (including via the Addressfinder Platform) may, as identified in these AP Terms: (i) contain Personal Information at the time at which it is provided by Australia Post to you; or (ii) when combined with other data, may constitute Personal Information when held by you.

(b) In relation to any Australia Post Data disclosed to, accessed or collected by you under these AP Terms (including via the Addressfinder Platform) which may constitute Personal Information as described in clause 6(a), you must: (i) comply with all Privacy Laws; (ii) if required under Privacy Laws, obtain all necessary consents from individuals for, and give all necessary notifications to individuals of, its collection, use and disclosure of the Australia Post Data in accordance with these AP Terms; (iii) use or disclose the Personal Information only for the purposes of and in accordance with Part A (Permitted Use) and these AP Terms; and (iv) comply with any reasonable directions, guidelines, determinations or recommendations of Australia Post in relation to privacy issues, to the extent that they are not inconsistent with the requirements of a Privacy Law.

7. Australia Post Data Warranties

(a) While Australia Post has warranted to Addressfinder Australia that it has taken reasonable steps to ensure that it does not introduce inaccuracies into the Australia Post Data (except to the extent that the Australia Post Data is inaccurate due to an inaccuracy in third party data that may be incorporated in the Australia Post Data), you acknowledge that no warranties are provided as to the accuracy or completeness of the data comprised in the Australia Post Data.

(b) You acknowledge and agree that: (i) your use and reliance on the AP Services is at your own risk; and (ii) to the extent permitted by Law and other than as expressly stated in this Agreement, Addressfinder excludes all warranties, express or implied, in relation to the AP Services and Australia Post Data, including warranties of merchantability, fitness for a particular use or quality of the Australia Post Data.

8. Intellectual Property

(a) Except as expressly set out in these AP Terms, nothing in these AP Terms results in any change in ownership of, or grants any rights in, the Intellectual Property Rights of Australia Post.

(b) Australia Post is the owner or licensor of all rights, title and interest (including any and all Intellectual Property Rights) in the Australia Post Data, and excluding express conditional rights of use permitted under these AP Terms, nothing in these AP Terms confers any right, title or interest to the Australia Post Data to you.

(c) To avoid doubt, Australia Post retains all rights, title and interest in relation to, and may to the fullest extent permitted by law use, manage, handle, match, enrich, copy, modify, license and otherwise exploit and commercialise all Australia Post Data as it sees fit in its absolute discretion.

9. Indemnification

You indemnify, and will keep indemnified, Addressfinder, Australia Post and each of their directors, officers, employees and agents (“those indemnified”) from and against any Loss (including Loss arising in connection with Claim by a third party) that those indemnified may suffer or incur in connection with your use or access of the AP Services or Australia Post Data.

10. Termination and suspension

You must immediately cease use of the AP Services: (a) if the AP Services or related Addressfinder services have been ended or suspended under the Addressfinder Agreement (including if the Addressfinder ends the Addressfinder Agreement); or (b) if so required by Addressfinder in connection with any direction or requirement of Australia Post.

You also acknowledges and agrees that your use of the AP Services may also be downgraded or restricted pursuant to the Addressfinder Agreement.

11. Governing Law and Jurisdiction

These AP Terms are governed by and are to be construed in accordance with the Laws applicable in Victoria, Australia. In relation to these AP Terms, you and Addressfinder irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.