These terms and conditions apply to the use of the PMZ VeMail Marketing service,
including the purchase of any Member Services offered over the PMZ VeMail
Marketing service website. In using the PMZ VeMail Marketing service website for these or any other
purposes, you agree to be bound by these terms and conditions. If you do not
accept these terms and conditions, you must refrain from using the PMZ VeMail
Marketing service website or Member Services. These terms and conditions must be read in
conjunction with any other applicable terms and conditions governing the use of
the PMZ VeMail Marketing service website and Member Services including the PMZ Marketing
Anti Spam Policy.
In these terms and conditions, the expressions we, us and our are a reference
to PMZ Marketing.
Member Service means the PMZ Marketing online member service, including but
not limited to the proprietary or administration software provided by us to any
Licensee or Member, or any rights of access to the PMZ VeMail Marketing service website
and its products.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time.
Amendments will be effective immediately upon notification on the PMZ VeMail
Marketing service website. Your continued use of the PMZ VeMail Marketing service website
following such notification will represent an agreement by you to be bound by
the terms and conditions as amended.
Grant of Licence
PMZ Marketing grants to the member a non-exclusive right during the term of
this agreement to use the Member Services pursuant to the terms and conditions
set out herein. Your use of the Member Services confers no title or ownership in
the Member Services. All ownership rights remain in PMZ Marketing.
In order to be able to access the information offered in the Member Services
area, you must become a member. To become a member, you must complete your
registration details in the manner described on the web site.
We reserve the right to terminate your membership at any time if you breach
these terms and conditions.
You agree to ensure that your registration details are true and accurate at
all times. Specifically, you must notify us of any change to the registration
details as originally supplied.
You agree not to use our products or services for any unlawful purpose
(whether known or not) or in any manner which may infringe or violate any third
parties rights. You further agree that you will not use our service to transmit
or upload any harmful files or unsolicited email addresses. You further agree
that you will not use our service to transmit any unsolicited messages.
You agree to use our services in an acceptable manner where your use is
concurrent with the expected usage of our member services. You further agree
not to upload files for distribution via other electronic means or any other
usage that may be considered unfair, deceptive or illegal or which contains
prohibited or potentially prohibited content which is (or would be) classified
RC or X by the Classifications Board or classified R by the ABA and which must
comply with any other applicable law.
You agree that you are solely responsible for complying with any law (whether
in existence now or in the future) which may apply to you or us, which is in any
way is connected with the use, or otherwise, of our products or services.
You must not disclose any user ID, password or other log in information to
Upon registration, you will be provided with a password and account
designation. You agree to pay for our services in the manner specified on the
PMZ VeMail Marketing service website or any other document that specifies pricing. PMZ
Marketing reserves the right to adjust any pricing for any of its products and
services. PMZ Marketing will inform members of such adjustments at which time
the member has the option to terminate their membership as described under
'Termination of Access' within these Terms and Conditions.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products offered by
us may be listed at an incorrect price or with incorrect information due to a
typographical error or like oversight. In these circumstances, we reserve the
right to cancel the transaction, notwithstanding that your order has been
confirmed and your credit card has been charged. We reserve this right up
until the time of delivery of supply of the services to you. If a cancellation
of this nature occurs after your credit card has been charged for the purchase,
we will immediately issue a credit to your credit card account for the amount in
All information provided by us pursuant to these terms and conditions is
provided in good faith. You accept that any information provided by us is
general information and is not in the nature of advice. We derive our
information from sources which we believe to be accurate and up to date as at
the date of publication. We nevertheless reserve the right to update this
information at any time. In addition, we do not make any representation or
warranty that the information we provide is reliable, accurate or complete or
that your access to that information will be uninterrupted, timely or secure.
You should make your own enquiries and seek independent advice from relevant
industry professionals before acting or relying on any information or material
which is made available to you pursuant to our information service. You agree to
use our information service for lawful purposes only.
You indemnify us and our related bodies corporate and our respective
officers, employees and agents against all actions, claims and demands
(including the cost of defending or settling any action, claim or demand) on a
full indemnity basis, which may be instituted against us arising out of a
failure by you (or by any person using your password or ID, whether or not you
have authorised that person to use your password or ID) to comply with these
terms and conditions.
This disclaimer set out in these terms and conditions does not attempt or
purport to exclude liability arising under statute if, and to the extent, such
liability cannot be lawfully excluded.
We do not accept responsibility for any loss damage, however caused
(including through negligence), which you may directly or indirectly suffer in
connection with your use of your Membership Services or the PMZ VeMail Marketing service
website or any linked web site, nor do we accept any responsibility for any such
loss arising out of your use of or reliance on information contained on or
accessed through the PMZ VeMail Marketing service website.
To the extent permitted by law, any condition or warranty which would
otherwise be implied into these terms and conditions is hereby excluded. If
legislation implies any condition or warranty, and that legislation prohibits us
from excluding or modifying the application of, or our liability under, any such
condition or warranty, that condition or warranty will be deemed included but
our liability will be limited for a breach of that condition or warranty to one
or more of the following: (a) if the breach relates to goods, (i) the
replacement of the goods or the supply of equivalent goods, (ii) the repair of
such goods (iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods or (iv) the payment of the cost of having the goods repaired;
and (b) if the breach relates to services, (i) the supplying of the services
again or (ii) the payment of the cost of having the services supplied again; and
if item (a) or item (b) is not permitted under applicable legislation, to the
maximum extent permitted by applicable legislation.
Except in relation to liability for personal injury (including sickness and
death), and except as otherwise stipulated in these terms and conditions, we
will not accept liability to you in respect of any loss or damage (including
indirect, special, or consequential loss or damage) which may be suffered or
incurred by you or which may arise directly or indirectly in respect of goods or
services supplied pursuant to an order placed on this web site or in respect of
any failure or omission on our part to comply with our obligations as set out in
these terms and conditions.
You must ensure that your access to this web site is not illegal or
prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you
employ for accessing this web site does not expose you to the risk of viruses,
malicious computer code or other forms of interference which may damage your own
computer system. For the removal of doubt, we do not accept responsibility for
any interference or damage to your own computer system which arises in
connection with your use of the PMZ VeMail Marketing service website or any linked web
Whilst we have no reason to believe that any information contained on the PMZ
VeMail Marketing service website is inaccurate, we do not warrant the accuracy, adequacy
or completeness of such information, nor do we undertake to keep the PMZ VeMail
Marketing service website updated. We do not accept responsibility for loss suffered as
a result of reliance by you upon the accuracy or currency of information
contained on the PMZ VeMail Marketing service website.
Responsibility for the content of advertisements appearing on the PMZ VeMail
Marketing service website (including hyperlinks to advertisers' own web sites) rests
solely with the advertisers. The placement of such advertisements does not
constitute a recommendation or endorsement by us of the advertisers' products
and each advertiser is solely responsible for any representations made in
connection with its advertisement.
We make no warranty that goods or services acquired from us over the PMZ
VeMail Marketing service website will meet your requirements.
Details contained on the PMZ VeMail Marketing service website relating to goods or
services have been prepared in accordance with Australian law and may not
satisfy the laws of any other country. We do not warrant that the details on
the PMZ VeMail Marketing service website concerning those goods or services will satisfy
the laws of any other country. It is your responsibility to determine whether
these details satisfy the laws of the jurisdiction which you reside (if that
jurisdiction is outside Australia) and if the details do not satisfy the laws
of your jurisdiction, you may not order any goods or services from the PMZ VeMail
Marketing service website.
You acknowledge that despite all reasonable precautions on our part, there is
a risk of unauthorised access to or alteration of your transmissions or data or
of information contained on your computer system or on the PMZ VeMail Marketing service
website. We do not accept responsibility or liability of any nature for any
such losses which you may sustain as a result of such activity.
Copyright in the PMZ VeMail Marketing service website (including text, graphics, logos,
business names, icons, sound recordings and software) is owned or licensed by
us. Other than for the purposes of, and subject to the conditions prescribed
under, the Copyright Act 1968 (Cth) and similar legislation which applies in
your location, and except as expressly authorised by these terms and conditions,
you may not in any form or by any means: adapt, reproduce, store, distribute,
print, display, perform, publish or create derivative works from any part of the
PMZ VeMail Marketing service website; or commercialise any information, products or
services obtained from any part of the PMZ VeMail Marketing service website; without our
The PMZ VeMail Marketing service website includes trade marks which may be the subject
of registration applications.
You must not use any of our intellectual property
- in or as the whole or part of your own trade marks or business name or
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services
(including the PMZ VeMail Marketing service website).
You must not authorise or assist any person to do any of the acts specified
By using the member services, you agree that company Trade Marks may
accompany information or services being accessed, viewed and or sent from our
Unless we agree otherwise in writing, you are provided with access to the PMZ
VeMail Marketing service website only for your personal use. You are authorised to print
a copy of any information contained on the PMZ VeMail Marketing service website for your
personal use, unless such printing is expressly prohibited. Without limiting
the foregoing, you may not without our written permission on-sell information
obtained from the PMZ VeMail Marketing service website.
Linked Web Sites
The PMZ VeMail Marketing service website may contain links to other web sites (linked
web sites). Those links are provided for convenience only and may not remain
current or be maintained.
We are not responsible for the content or privacy practices associated with
linked web sites.
Our links with linked web sites should not be construed as an endorsement,
approval or recommendation by us of the owners or operators of those linked web
sites, or of any information, graphics, materials, products or services referred
to or contained on those linked web sites, unless and to the extent stipulated
to the contrary.
How we handle emails
We will preserve the content of any email you send us if we believe we have
the legal requirement to do so. Your email message content may be monitored
by us for trouble-shooting or maintenance purposes or if any form of email
abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as
totally secure. Whilst we strive to protect such information, we do not
warrant and cannot ensure the security of any information which you transmit to
us. Accordingly, any information which you transmit to us is transmitted at
your own risk. Nevertheless, once we receive your transmission, we will take
reasonable steps to preserve the security of such information.
Termination of Access
Access to the PMZ VeMail Marketing service website and our services may be terminated
at any time by us without notice. Members may terminate his/her or its access at
any time by notifying PMZ Marketing in writing. Any outstanding fees and charges
become immediately payable and will be calculated at the set rate for the
remainder of the current month. Where SMS credits have been purchased, a fee
may apply to have any unused credit amount reimbursed to the Member. Our
disclaimer and indemnity nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in New South
Wales. You agree to submit to the exclusive jurisdiction of the courts of that
We accept no liability for any failure to comply with these terms and
conditions where such failure is due to circumstance beyond our reasonable
If we waive any rights available to us under these terms and conditions on
one occasion, this does not means that those rights will automatically be waived
on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or
illegal for any reason, the remaining terms and conditions shall nevertheless
continue in full force.
To Return to the Web Site or Member Services
By returning to the web site, you acknowledge that you have read, understood
As part of the Member registration process, we collect personal information
and assign a username and password to each Member. We may additionally collect
web site visitors' contact information (like their e-mail addresses). Unless
you object, this information may be used:
- to send news, information about our activities and general promotional
material which we believe may be useful to you;
- to monitor who is accessing the web site or using services offered on the
web site; and
- to profile the type of people accessing the web site.
If you do not wish to have your personal information used in this manner or
for any other specific purpose, you can e-mail us accordingly.
We utilise cookies which enable us to monitor traffic patterns and to serve
you more efficiently if you revisit the site. A cookie does not identify you
personally but it does identify your computer. You can set your browser to
notify you when you receive a cookie and this will provide you with an
opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third
party (unless compelled by law), or make any other use of your personal
information, for any purpose which is not incidental to your use of the PMZ
VeMail Marketing service website. For the removal of doubt, personal information will
not be used for any purpose which a reasonable person in your position would not
If you request us not to use personal information in a particular manner or
at all, we will adopt all reasonable measures to observe your request but we may
still use or disclose that information if:
- we subsequently notify you of the intended use or disclosure and you do not
object to that use or disclosure;
- we believe that the use or disclosure is reasonably necessary to assist a
law enforcement agency or an agency responsible for government or public
security in the performance of their functions; or
- we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe we have
the legal requirement to do so.
Your email message content may be monitored by us for trouble-shooting or
maintenance purposes or if any form of email abuse is suspected.
Personal information which we collect may be aggregated for analysis but in
such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details
and, if relevant, credit card details) is kept confidential to the best of our
ability. You will appreciate, however, that we cannot guarantee the security
We consider it is the responsibility of parents to monitor their children's
use of our web site. Nevertheless it is our policy not to require personal
information from persons known to be under the age of 18 years or offer to send
any promotional material to persons in that category.
You are entitled to have access to any personal information relating to you
which you have previously supplied to us over the PMZ VeMail Marketing service website.
You are entitled to edit or delete such information unless we are required by
law to retain it.