Terms of Use

Off the Page eMarketing web based bulk eMail and SMS service end user license agreement and terms of use.

Introduction

Please read the following terms of service carefully. They shall govern your use of Off the Page eMarketing’s web application, services and website. If, after reading these terms of service, you wish to use the web application, services and website, please indicate your acceptance of these terms by clicking “Accept” or signing the document and faxing.

If at any point you do not agree with the terms of service stated herein you must immediately discontinue your use of and access to the web application, services and website.

The terms and conditions in this agreement will govern your access to the Off the Page eMarketing’s proprietary digital interactive marketing engine web based bulk e-mail, SMS, Fax and Direct Mail system, hereafter named Off the Page eMarketing.

Off the Page eMarketing grants to the User a non-exclusive right during the term of this agreement to use the services pursuant to the terms and conditions set out herein. At all times, the ownership rights remain with Off the Page eMarketing or its third party suppliers, as the case may be.

Off the Page eMarketing provides Off the Page eMarketing as an e-mail, SMS, Fax and Direct Mail marketing tool, storage and support to the Users.

Users can create and send e-mail, SMS, Fax and Direct Mail campaigns using the application to distribute content provided by the User to a list of email addresses, mobile telephone numbers and mailing addresses also supplied by the User. The User acknowledges Off the Page eMarketing does not create or publish any content for the User. The User further recognizes that Off the Page eMarketing does not rent or sell email lists. Off the Page eMarketing retains its right to cancel and delete an account if the User violates any of the policies explicitly published in ‘Terms of Use’, ‘Privacy Policy’, ‘Prohibited Content’ and ‘Anti-spam’ policy. Off the Page eMarketing disclaims all copyright these and other right in such content and all responsibility for them.

Off the Page eMarketing services

Off the Page eMarketing provides Off the Page eMarketing as an e-mail, SMS, Fax and Direct Mail marketing tool, storage and support to the Users.

Eligibility

Our E-mail, SMS, Fax and Direct Mail Marketing Services are available only to corporations and other organizations capable of legally binding contracts under applicable law. If you do not meet the criteria, please do not attempt to use the Services. If applying remotely, the User acknowledges providing true accurate, current information about himself / herself as requested by the sign up registration or billing process.

Off the Page eMarketing may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, and is subject to its sole discretion. Off the Page eMarketing holds the right to terminate your account without refund and your rights to use the services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate and not current or is incomplete.

Description of Services

You understand and agree that the service is provided “AS-IS” and that Off the Page eMarketing assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.

Off the Page eMarketing provides its member’s access to its various resources as agreed in the terms and conditions while signed-up. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new Off the Page eMarketing features shall be subject to the ‘Terms of Use’ You are responsible for obtaining access to your Off the Page eMarketing account by paying monthly fees as a specified or agreed upon and that access to the internet may involve third party (Internet Service Provider).

In addition, you must provide and are responsible for all the equipment necessary to access the service.

Definitions

In these terms and conditions, the expressions we, us and our are a reference to Off the Page eMarketing.

Web Application
This refers to eDeploy and Off the Page eMarketing products.

Website
The Off the Page eMarketing websites: www.offthepage.com.au.

Services
Use of the web application or any other products or support as offered by Off the Page eMarketing.

Users
Off the Page eMarketing clients.

Terms of service

You agree to be bound by and become a party to all the terms of this Agreement by using the web application or other offered services. If you do not agree to the terms of this Agreement, do not use the web application or services in any manner whatsoever.

The web application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
TThe web application may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
TYou agree that you are solely responsible for the content of all visual, written or audible communications used or sent by you.
TYou agree that you will not use the web application to send unsolicited mass mailings.
TYou further agree not to use the web application to communicate any message or material that is harassing, libellous, threatening, obscene, or indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Off the Page eMarketing is not responsible for any such communications, Off the Page eMarketing may delete any such content of which Off the Page eMarketing becomes aware, at any time without notice.

Member service

Member Service means the Off the Page eMarketing online member service, including but not limited to the proprietary or administration software provided by us to any Partner, Licensee or Member, or any rights of access to our web site and its products.

Use and delivery of services

Use and delivery of the web application or services is subject to the condition that usage of the web application is for evaluation purposes only and will not be used for any activity that breaches the terms as listed in this document.

If you breach this clause, Off the Page eMarketing shall have the right to suspend or terminate the web applicationor services immediately without notice. You shall keep Off the Page eMarketing fully indemnified from and against all costs, claims, liabilities, and demands, relating to any breach of this clause.

Usernames and passwords

You are responsible for maintaining the confidentiality of Usernames and Passwords and agree to make every effort to avoid disclosure to any other person. You agree to immediately notify Off the Page eMarketing of any unauthorised use of your account of which you become aware. Otherwise, all guarantees as to the web application performance given by Off the Page eMarketing to you shall be suspended.

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 this web site or within the members services area. Your continued use of the web site and members services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Grant of licence

Off the Page eMarketing 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 Off the Page eMarketing.

Membership

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 e-mail addresses. You further agree that you will not use our service to transmit any unsolicited messages.

In the event that you, any one logged into your account, or in the case of a Partner, any member within your account, causes any IP address owned or managed by Off the Page eMarketing to be listed on any blacklist e.g. SORBS, you irrevocably agree to pay $250 per IP address listed and all fees associated with its removal.

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.

Upon registration, you will be provided with a password and account designation. You must not disclose any user ID, password or other log in information to any person.

Pricing

You agree to pay for our services in the manner specified on the web site or any other document that specifies pricing. Off the Page eMarketing reserves the right to adjust any pricing for any of its products and services. Off the Page eMarketing 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 payment has been processed. 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 payment has been processed, we will immediately issue a credit to your account for the amount in question.

Agreements and penalties

In the event that you have purchased an agreement whereby you have signed up for a set number of campaigns over a 12 month period which offers you a discount over the said period of time, any early termination before the said period has elapsed will incur a penalty fee of 50% of your usual monthly cost multiplied by the number of months left on your agreement.

Default or breach; fees and costs

If you default on or fail to pay any amount due when due or otherwise breach any of the terms, conditions and/or warranties contained in this Agreement, you agree to compensate us for any and all damages arising thereof, including but not limited to actual damages (direct and/or indirect), consequential damages, incidental damages and economic losses. Furthermore, you agree to pay us all reasonable fees, expenses and/or costs (including lawyer’s fees, court costs, expenses and other costs) incurred in attempting to collect payment from you or in enforcing this Agreement against you.

Network security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Off the Page eMarketing will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Restrictions

You have no right and will not, nor will you authorize or assist others to:

produce, manufacture, distribute or copy all or any portion of the web application, except as expressly allowed in this Agreement,
disassemble, reverse engineer or decompile all or any portion of the web application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation,
modify, translate, adapt or alter all or any portion of the web application to create derivative works,
make use of “framing” or other means of redirecting content,
license, sublicense, assign, transfer, rent, lease, sell, encumber or otherwise transfer title or any other rights in all or any portion of the web application.

You will indemnify Off the Page eMarketing against any loss related to your failure to conform to the requirements of this section.

Intellectual property

The web application contains proprietary Content and/or Software of Off the Page eMarketing that is protected by copyright and other laws respecting proprietary rights. The web application also may contain similarly protected licensed proprietary material of other Licensors.

You may not use the web application except as expressly permitted under this License Agreement and as provided for under Australian copyright laws. All images, text, programs, and other materials found on the website are protected by Australian and international copyright laws and other laws. Any use – without the express written consent of Off the Page eMarketing – of the images, text, programs, or other materials found on the web site is strictly prohibited.

You acknowledge that you retain ownership of your database information. You acknowledge such rights do not extend to any resources, program code, technical knowledge, or any intellectual property provided by Off the Page eMarketing in the creation or hosting, of the web application.

Copyright

Off the Page eMarketing and its suppliers, as applicable, retain ownership of all proprietary rights, notices and marks in, or displayed by, the web application.

You will not remove, deface or obscure any of Off the Page eMarketing’s or its suppliers’ copyright or trademark notices or legends or other proprietary notices on or in the web application.

The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in whole or part the web application, the website, or materials contained therein.

No part of the web application or services including but not limited to content writing such as newsletter content, online news updates etc may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Off the Page eMarketing.

Any use not authorized by this Agreement is prohibited under Australian and International copyright law, and is subject to severe civil as well as criminal penalties.

Privacy policy

We undertake to comply with the terms of our privacy policy, and where applicable extends to any customer database records within your account, which is annexed to these terms and conditions.

How we handle eMails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail 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.

Warranty

You understand and agree that the web application and services are provided “as is”. Off the Page eMarketing makes no warranty or representation regarding the results that may be obtained from the use of the web application or services.

Use of the web application or services, including downloads is at your sole risk.
Off the Page eMarketing makes no representations or warranties concerning any websites outside of Off the Page eMarketing’s control that may be accessible from the web site (either by link, frame, or any other means (“Linked Site”).

Any link, frame, or any other means to access any linked site provided by Off the Page eMarketing or otherwise appearing on the web site does not constitute Off the Page eMarketing’s endorsement, recommendation, or acceptance of any responsibility for the content or operators of that linked site.

Limitation of liability

To the maximum extent permitted by applicable law, in no event will Off the Page eMarketing or its affiliates, suppliers and resellers be liable for any incidental, consequential, special, exemplary or indirect damages, lost business profits, business interruption, or loss, damage or destruction of data, or any other pecuniary loss or damage arising out of the use of or inability to use the web application or services or the provision of or failure to provide technical or other support services, or any other legal theory, regardless of the form of action, whether in contract, tort (including negligence), breach of warranty or otherwise, even if Off the Page eMarketing, its affiliates, suppliers or resellers have been advised as to the possibility of such damages.

While Off the Page eMarketing and its licensors attempt to include accurate and complete content and error-free web applications, occasional errors or omissions may occur. Upon notice, Off the Page eMarketing will make reasonable efforts to correct these errors or omissions, but it is not obligated to do so.

Disclaimer of professional advise

Off the Page eMarketing does not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the web site. Such information does not constitute legal advice or recommendations under any circumstance. Your use of information on the web site or materials linked to the web site is entirely at your own risk.

If you or any user in your organization requires legal advice or other professional assistance, users are urged to consult legal or other professional advisors.

Force majure

Off the Page eMarketing shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, earthquake, war, strike, embargo, government requirement, civil or military authority, act of God, Internet traffic congestion, or other similar causes beyond its control and without the fault or negligence of Off the Page eMarketing or its affiliates.

Applicable law and jurisdiction

The law applicable to these Terms & Conditions for Use of Web Site is the law of Australia and the courts of the Australia will have exclusive jurisdiction in case of any dispute.

Termination of membership

Off the Page eMarketing holds all rights to terminate customer accounts at it’s own discretion and without describing reason. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be actioned without prior notice, and acknowledge and agree that Off the Page eMarketing may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Off the Page eMarketing may also at any time discontinue providing the Service, or any part thereof, without notice. Further, you agree that Off the Page eMarketing shall not be liable to you or any third-party for any termination of your access to the Service or for any inability to provide the service. You agree to pay all monies owing the Off the Page eMarketing for services provided prior to the account termination.

Indemnification

You indemnify Off the Page eMarketing, its subsidiaries, affiliates, officers and employees, from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the Service by you or someone using your username and password.

General

You will not assign or transfer any part or all of this Agreement or any of your rights or obligations hereunder without the prior written consent of Off the Page eMarketing.
Off the Page eMarketing may change the terms of this Agreement at any time by posting modified terms on its website.