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.
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.
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 any person.
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.
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 question.
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 site.
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 written permission.
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
You must not authorise or assist any person to do any of the acts specified above.
By using the member services, you agree that company Trade Marks may accompany information or services being accessed, viewed and or sent from our servcies.
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.
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.
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.
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.
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 jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
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.
By returning to the web site, you acknowledge that you have read, understood and accept the above terms of use.
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:
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 expect.
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 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 of transmission.
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.
15/03/2017