General Terms and Conditions
These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any marketing or email data or services provided by Australian Telemarketing Leads or its affiliated Businesses (“Australian Telemarketing Leads”), which data or services are referred to collectively as the “Data.”
Please carefully read and understand the Terms and conditions of sale of Australian Telemarketing Leads databases
Disclaimer of Warranties; Limited Warranty.
THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. AUSTRALIAN TELEMARKETING LEADS DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, AUSTRALIAN TELEMARKETING LEADS DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 7 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY AUSTRALIAN TELEMARKETING LEADS OF ANY PROBLEMS OR MISTAKES IN THE DATA AND IF YOU SO NOTIFY AUSTRALIAN TELEMARKETING LEADS WITHIN THAT 7-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.
The Licensee agrees to:
(a) Notify the Licensor within seven (7) days of discovering any errors in the List;
(b) Check the data in the List immediately upon receipt of it to ensure it meets the Licensee’s criteria;
(c) Pay the Licensor the license fee through the Licensor’s online payment facility following acceptance of these Terms;
(d) Use the List on as many occasions as the Licensee desires for any legal purpose for the 12 month period commencing on the date of acceptance of these Terms and expiring 12 months from that date (“Term”);
(e) Take all reasonable steps to ensure that the List and the details contained within it are not appended to or used to enhance any other mailing lists or databases;
(f) Provide to the Licensor immediately upon becoming so aware a list of names and addresses of businesses contained within the List that wish to be deleted from that List;
(g) Indemnify and keep indemnified the Licensor, its employees, agents and contractors against any claim, action, demand or damage whatsoever (including, without limitation, legal costs on an indemnity basis) arising directly or indirectly from the Licensee’s use of the List;
(h) Forgo any rights the Licensee might otherwise have had against the Licensor in respect of any failure of the Licensor to perform;
(i) Forgo any rights the Licensee might otherwise have had against the Licensor in respect of any failure of the Licensor to perform pursuant to these Terms to the extent that such failure was caused by factors beyond the Licensor’s control;
(j) Pay to the Licensor the Licensor’s damages as a result of the Licensee’s breach of these Terms (without limitation of any other rights the Licensor might have against the Licensee for the Licensee’s breach of these Terms) for each and every breach by the Licensee of these Terms together with all legal costs incurred by the Licensor in enforcing these Terms (on an indemnity basis); and
(k) Not demand any refund or return of the license fee if the Licensee cancels these Terms at any time. The license fee is non-refundable.
Limitation of Liability.
Except as provided in the last sentence of Section 2 above, Australian Telemarketing Leads will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Australian Telemarketing Leads to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Australian Telemarketing Leads was advised of the possibility of such damages. Australian Telemarketing Leads’ maximum liability under the last sentence of Section 1 will not exceed the amount you paid Australian Telemarketing Leads under the Agreement within the 12 months preceding the event which gave rise to Australian Telemarketing Leads’ liability.
Interruption of Service.
You acknowledge that, given the technical nature of resources Australian Telemarketing Leads requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in Australian Telemarketing Leads having any liability to you or others and shall not suspend or eliminate your payment obligations to Australian Telemarketing Leads or provide you with any refund rights for amounts previously paid to Australian Telemarketing Leads.
Payment for downloaded databases.
You agree to pay Australian Telemarketing Leads a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. License Fees charged are non-refundable.
(b) Recurring Billing:
Your acceptance of these terms constitutes your authorization to Australian Telemarketing Leads to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide Australian Telemarketing Leads with complete and accurate billing and contact information and to update that information with thirty (30) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations.
(c) Interest Charges.
There will be interest charges on any amounts which you fail to pay when due at the rate of 1.5% a month, or such lower rate as may be equal to the maximum rate allowed by applicable law, on the unpaid amount.
Entire Agreement; Amendment or Waiver.
The Agreement contains the entire understanding between you and Australian Telemarketing Leads and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Australian Telemarketing Leads. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.