terms & conditions

TERMS AND CONDITIONS

LICENCE

GUARANTEE

USE OF EMAIL ADDRESSES

Overview

This website is operated by Datalists Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Datalists Pty Ltd. Datalists Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on GetDPD. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.
View our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Datalists Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Datalists Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVER-ABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@datalists.com.au

Datalists Pty Ltd
PO Box 186, Somers, Vic 3927

GUARANTEE

No marketing database is 100% accurate, but we think ours are the best available for the price and provide a great value to our customers. As with any database you purchase, even those costing far more, some outdated or missing information always exists because information changes so frequently (the industry average is 15-20% per year). That's why we use specialised methods to identify outdated records and missing data and replace them or add them if new, valid data is available. 

Unlike other data providers, we want to work with our customers to update any invalid data. If you find data in your database that has become outdated, just send us these records in an email and we will replace that data with updated records for free or issue a refund for those records exceeding 15% of the total records in your database or custom list. However, we cannot guarantee the delivery rate for email addresses. 

Our data analyst team is constantly working to build, verify and update new and existing databases with the latest information available. We also purchase new data regularly. All of our databases are updated on a monthly basis to keep them fresh and as current as possible. We know how expensive marketing can be and how vital accurate data is to our customers. That’s why we guarantee our databases and customised lists. 


Licence to use the data

Please read the following terms and conditions carefully.

Downloading or copying data into your systems indicates that you understand and accept the terms and agree to be bound by them.

OVERVIEW

In using this data you must comply with all Australian State, Federal and Territory legislation. When using data for lists for countries other than Australia it is your responsibility to ascertain the legal status of direct marketing techniques in those jurisdictions. Datalists Pty Ltd does not purport to provide legal advice in any jurisdiction. Failure to comply with legislative requirements in any jurisdiction constitutes a breach of your license and legal action may be taken against you and your organisation in addition to the cancellation of your license to use data provided by Datalists Pty Ltd.

EXCLUSIVE LIMITED WARRANTY AND LIMITATION OF LIABILITY

All Datalists Pty Ltd materials are provided on a strictly "as is" basis. Datalists Pty Ltd does not assure or warrant the correctness, comprehensiveness or completeness of the Datalists Pty Ltd materials and except as explicitly provided for below, Datalists Pty Ltd expressly disclaims any and all warranties of any nature, express, implied or otherwise, including but not limited to any implied warranties or merchantability, non-infringement and/or fitness for a particular purpose. In lieu of any and all such warranties, Datalists Pty Ltd offers to you the following limited warranty.

You shall have 14 days after receipt of the Datalists Pty Ltd materials, to inspect it and notify Datalists Pty Ltd of any problems or mistakes. If Datalists Pty Ltd had made a material mistake, then Datalists Pty Ltd's will correct the mistake at no additional charge.

If you don’t notify Datalists Pty Ltd of any problems or mistakes within the 14 day period Datalists Pty Ltd shall have no obligation whatsoever to you. You expressly agree that Datalists Pty Ltd shall not be liable for losses, damages, or injuries of any kind, including but not limited to general, direct, special, incidental and/or consequential damages caused in whole or in part by the use of the Datalists Pty Ltd materials whether such damages are asserted in an action brought in contract, in tort or pursuant to some other theory and whether the possibility of such damages were made know or was foreseeable or should this limited warranty fail of its essential purpose. In no event shall Datalists Pty Ltd's entire liability excess the total amount you paid to Datalists Pty Ltd under this agreement.

IMPORTANT INFORMATION

1.The client/licensee acknowledges that this agreement constitutes the entire agreement of the parties and that the client/licensee does not rely upon representation that has been made by or on behalf of Datalists Pty Ltd other than those set out herein.

2.In this document: "License agreement" means the agreement contained in and evidenced by this document. "The licensor" means Datalists Pty Ltd. "The licensee" means the person or corporation who has ordered and paid for data supplied on this diskette/CDROM/email zip file. "The product" means Datalists Pty Ltd electronic databases on diskette/CDROM/email zip file, on self adhesive labels, label masters, reports, or in any other form.

3.The parties acknowledge: the licensor is the sole proprietor of the Product and retains copyright in the Product at all times; in consideration of payment by the Licensee of the License Fee, the Licensor licenses the Licensee to use the Product subject to the terms and conditions set out herein; the Licensor does not offer to install the Product for the Licensee nor does it offer telephone support for use of the Product by the Licensee; each copy of the Product ordered by the Licensee is ordered under a separate license agreement subject to the terms and conditions hereof. The licensee has not been induced to enter into the License Agreement by any warranty or representation whatsoever except such as are expressly contained herein. Upon downloading or use of the Product the Licensee is deemed to accept the terms and conditions of this License Agreement and to agree to be bound by them.

4.The parties agree:

(a) The Licensor shall license the Licensee to use the Product subject only to these terms and conditions and that no servant or agent of the Licensor nor any other person has any power to waive or vary any of these terms and conditions unless such waiver or variation is in writing.

(b) If any provision or part of any provision hereof is unenforceable it shall not affect any other part of such provision or any other provision hereof.

5.The licensee may use the electronic Product on a single computer only, or move it from one computer to another and use it on that other computer after having removed the data from the first computer.

6.If the Licensee desires to use the Product on a local area network a separate license agreement must be entered in respect of each work station on that network on which the Product will be used and in respect of the file server for that network.

7.The Licensee may not use the Product on more than one computer at the same time.

8.The Licensee may copy the computer diskette/CDROM/email zip files on which the Product is stored only for backup purposes and for no other purposes.

9.The Licensee may not on-sell, transfer, lease or otherwise assign the Product to another party.

10.The Licensee may not transmit any part of the data by email or by any electronic service and may not load any part of the data onto a home page on the World Wide Web or a dial-up service maintained or in association with the Licensee.

11.The Licensee may appoint an agent to use the data either as a telemarketing, advertising, bureau, or such and must inform the Licensor of the intended use and name of their agent at all times.

12.The Licensee may not decompile, disassemble or otherwise reverse engineer the Product.

13.The licensee may not modify the Product or lists other than to generate mailing labels for marketing purposes or to establish a database in their own system for their marketing purposes. The Licensee may not on-sell such mailing labels, databases (or subsets thereof), or data in any form whatsoever.

14.In no event will the Licensor be liable to the Licensee for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the Licensee's use or inability to use the Product or for any such claim by any other party, whether or not the same occurs in the course of performance by or on behalf of the Licensor of this License Agreement or in events which are in the contemplation of the Licensor and/or the Licensee or in events which are foreseeable by them or either of them or in events which could constitute a fundamental breach of this License Agreement or a breach of a fundamental term thereof.

15.It is the express responsibility of the client and their agent/s to check any and all data before mailing against client and agent specifications.

16.Notwithstanding anything herein contained, to the fullest extent permitted by law the Licensor hereby expressly excludes all conditions and warranties implied by statute or otherwise and, subject to qualifications contained in Section 68A of the Trade practices Act 1974 (hereinafter called "the Act") and to the extent permitted thereby, the Licensor hereby limits its liability for breach of a condition or warranty (other than a condition or warranty implied by Section 69 of the Act) implied by the Act to:-

(a) in case of goods:

i. the replacement of the goods, or the supply of equivalent goods;

ii. the repair of goods;

iii. the payment of the cost of replacing the goods;

iv. the payment of the cost of having the goods repaired at the Licensor's election;

and

(b) in the case of services:

i. the supplying of the services again; or

ii. the payment of the cost of having the services supplied again.

17.Any deliverability guarantee which may be in force (where a list is rented on diskette/ CDROM/email zip file or self adhesive labels as opposed to being purchased) is only valid if the data is used within 30 days of delivery to the client. Any such deliverability guarantee is limited to 99% of the total list refunded on the basis of the postage paid only (this amount discounted if discounted or bulk rate postage has been paid). Such claims must be supported by the full face of the returned envelope and is only paid where the appropriate Australia Post markings are clearly visible. Returned envelopes without such markings will not be considered for refund. There is no deliverability guarantee either express or implied on any list which is purchased outright. The limit of any refund is $100.00.

18.Any license to use any goods or services provided by Datalists Pty Ltd is invalidated by non-payment of invoices.


USE OF EMAILS

You need to know that the email addresses in the database are not "opt-in" or permission based. The emails contained in our data are 'found' contact details, that is everything we know about a particular business, which may include email addresses, fax numbers, ABN numbers & more. They were collected from business directories and public records.

Inferred consent

Inferred consent can occur:

  • via an existing business or other relationship, where there is reasonable expectation of receiving commercial electronic messages
  • via conspicuous publication of a work-related electronic address because it is accessible to the public, or a section of the public, and if:
  • if the address is not accompanied by a statement saying no commercial messages are wanted
  • the subject of the message is directly related to the role or function of the recipient.

Purely factual messages

Purely factual messages are 'designated commercial electronic messages' and are partially exempt under the Act. These messages do not have to meet the consent or unsubscribe conditions of the Act. However, all factual messages must meet the identify condition of the Act.

To fall within the factual information exemption, a message can only contain factual information, directly related comment (of a non-commercial nature), and the following limited 'commercial' information:

  • the name, logo and contact details of the person who authorised the sending of the message, or the name and contact details of its author
  • the name, logo and contact details of the author's employer, organisation, partnership or sponsor

Australia’s Anti-Spam Laws

You should be aware of Australia’s Anti-Spam Laws put in place to prevent abuse of email marketing. The ACMA manages this in Australia, here is a link to them where you can get more information:  http://www.acma.gov.au/Industry/Marketers/Anti-Spam

Please note that by purchasing a list from us, does not give you permission to Spam people. You as the sender should be aware of the rules concerning bulk emailing. We accept no responsibility for the messages you send and will not be held liable.