Terms & Conditions
- The MBE centre (specified below) will provide its postal address and mail receiving service to the customer in accordance with the details set out in this application form and on the following terms and conditions.
- The customer acknowledges that MBE facilities and services must be used in strict conformity with all applicable federal and state laws.
- If MBE believes on reasonable grounds that an article of mail consists of, or contains an item that does not comply with any federal or state law, then MBE is not obliged to deliver the article to the addressee, return the article to the sender or otherwise deal with the article as required under these Terms and Conditions.
- Where an article is, or is reasonably suspected of, containing something that is explosive, dangerous, or otherwise prohibited by law, it shall be rendered safe by MBE or others acting with the authority of MBE at the expense of the addressee, or delivered to the Police, Defence, or other applicable Emergency Services.
- The customer agrees that MBE may treat any persons who possess an MBE mailbox key and/or entry card/key as being duly authorised by the customer to remove any contents from the postal address under this agreement.
- The customer acknowledges that a rental of the postal address in no way constitutes any form of lease or sublease on this property and that the customer’s only entitlement with regard to the property is that of a mailing and courier address.
- Postal address fees are payable in advance and no part of the fee is refundable for any reason. A service suspension fee of $25.00 will be charged if payment is not received by the due date and services may be terminated at the option of MBE after the due date.
- MBE may, at its discretion, suspend mail receiving services after the due date pending payment for renewal of services. During this suspended period mail receiving services will not be available to the customer.
- Keys and entry cards/keys remain the property of MBE and may not be copied without the written consent of MBE. Keys shall be immediately returned to MBE upon termination, cancellation, suspension or expiration of this mail receiving agreement.
- A refundable fee will be charged for mailbox keys and door entry cards/keys and will be the current price at time of purchase of services. The customer will have 30 days from the termination of this agreement to request the refund of this fee. A further non-refundable fee will be charged for replacement, new or additional card/keys.
- The customer appoints MBE as the customer’s agent with respect to any item delivered to the customer’s postal address at the centre.
- The customer authorises MBE as the customer’s agent to:
- return to sender any mail not collected by the customer within 30 days of receipt by MBE.
- return any mail delivered to the customer’s postal address at the centre, if the customer has not paid the mail receiving postal address service fee or the agreement is terminated for any reason.
- MBE may retain any item delivered to the customer’s postal address at the centre pending payment of any money owing by the customer to MBE.
- The customer acknowledges that its address for service is as set out in this agreement and application form.
- A customer shall not assign or transfer the right to use the service without the prior written consent of MBE and the payment of a transfer fee.
- Where a partnership holding an address is reconstituted by the retirement, death or addition of more partners, the reconstituted partnership is deemed to be the customer.
- The customer will ensure that at no time will there be excessive or unreasonable amounts of mail in the mailbox such that MBE is unable to efficiently receive and deliver the mail.
- In consideration for the payment of the service fee, the customer may receive up to [INSERT] parcels per month. Any parcels received in excess of [INSERT] per month will incur additional fees as advised by MBE from time to time. Additional fees may also apply for the storage of bulky or large packages that are not collected by the customer in a timely manner.
- The customer agrees to comply with all policies issued from time to time of MBE relating to use of MBE facilities and services.
- MBE may terminate this agreement at any time without notice and without refund of either the service fee or the key deposit if:
- the customer fails to observe or perform any term, covenant or obligation contained in these terms and conditions.
- MBE has reason to believe that the customer has used a fictitious or assumed name on the application.
- MBE has reason to believe that the address on the application is not the customer’s current residential or business address.
- the address is being used by a person other than the customer or for the purpose other than delivery of mail and parcels.
- MBE has reason to believe that the customer, or a person known to the customer, intends to use, or is using the service in the furtherance of an offense against the laws of Australia or any state, territory or overseas country, or to prevent the detection of the offense or offender.
- the customer regularly allows an accumulation of mail beyond the capacity of the box or bag and will not, upon request of MBE, agree to obtain or provide a larger box.
- any information given in the application form and this agreement is false.
- the customer does not notify MBE of a change in residential or business address within 7 days of moving.
- the customer engages in any activity or behaviour that endangers the safety of the employees or agents of MBE or brings the reputation of MBE into disrepute.
- the customer breaches any terms and conditions of this agreement.
- MBE may return to sender any mail which is unclaimed by the customer within 7 days of notification by MBE that this agreement is terminated under the above clause.
- Upon termination of this agreement, the customer must remove all reference to the MBE mailbox from its website or other materials within 5 business days. The customer agrees that they will be liable for any and all fees payable under this agreement from the period of termination until the customers compliance with this clause. The customer indemnifies MBE for any loss or claim suffered by MBE in relation to or as a result of the enforcement of its rights under this clause.
- The customer agrees to indemnify MBE against any claims arising out of or in conjunction with the use or possession of the postal address, including but not limited to:
- any demands, claims and causes of action for personal injury or property damage arising from such use or possession.
- failure by Australia Post or any other carrier to deliver any items on time.
- damage or loss of mailbox contents by any cause whatsoever.
- violation by the customer of applicable federal and/or state laws.
- MBE’s liability for any claims by the customer is limited to the refund of the service fee or the provision of the postal address service.
- Apart from any warranties implied by the Competition and Consumer Act 2010 or similar state legislation, all other warranties expressed or implied and whether arising by virtue of statute or otherwise are hereby excluded.
- Any notice required to be served by or under this agreement shall be sufficiently given to the customer if left in the mail box provided by MBE pursuant to this agreement.
- The customer acknowledges and accepts that MBE complies with the Privacy Act 1988 when it handles the customer’s personal information. The customer confirms the customer has read and understands MBE’s privacy policy (found at www.mbe.com.au) which provides information about the personal information that MBE collects, and the ways in which MBE uses that personal information.
- MBE will use its reasonable efforts to maintain confidential any information that the customer provides MBE which the customer advises is confidential in nature. MBE will only disclose the customer’s confidential information if the customer consents to the disclosure; MBE is required to disclose it in order to carry out its obligations or provide any agreed services to the customer; or disclosure is required by law or in order to comply with an order of a court or tribunal, warrant, or request for disclosure from a public regulatory authority. Confidential information does not include information which was in the public domain at the time of its provision; was already known by MBE prior to the customer providing the information; or becomes part of the public domain after its provision by the customer and where MBE did not cause the information to become part of the public domain.
- The customer agrees that MBE may assign, transfer or amend this agreement without the customer’s prior consent. The customer agrees that amendments may include changes to the MBE centre, entity and location.
- This agreement contains the whole agreement between the parties and any representation or warranty made by either party prior to entering this agreement shall have no force or effect.
