Terms & Conditions

General Terms & Conditions of data use

The following Terms and Conditions refer to the rental, lease and/or purchase of lists from Action Mailing Lists (AML). Please ensure that they are fully understood by you and your contractors. AML acts as a broker for lists on behalf of a List Owner and as such is bound by the List Owner’s Terms and Conditions.

The lists are not to be used by you for any purpose other than the specific purpose as agreed prior to the delivery of the lists.

Generally, the supplied lists will be for one time use only, unless multiple use has been agreed to prior to lists delivery.

You will not disclose, transfer, duplicate, reproduce or retain all or any portion of the supplied lists or any information thereon in any form or manner whatsoever, nor permit any third party, agent, employee or contractor and their respective agents and employees to do so.

No ‘enhancements’ of any other list or database by the use of the lists shall be undertaken by you or any processors without written agreement expressly permitting such ‘enhancements’ from AML or the list owner.

You understand that the List has been seeded with false names and addresses for security reasons so as to permit and allow efficient and convenient checking of misuse or further use. You agree that production of one communication of any kind, or offer, by AML (to any of the said false names and addresses) shall constitute prima facie evidence of more than one use or misuse of the List or any part of it by you as the customer. You understand that you are liable whether you or any third party should so use or misuse the List or any part of it.

Upon the one time completed use contracted for in the Agreement and as and where possible the list or the information or product containing the list shall be destroyed.

If the List is used by anyone including yourselves for any purpose other than the use agreed to, or used more than once, then you shall pay ten times the initial rental fee on the said prima facie evidence of misuse or more than one use being forwarded to AML or the List Owner.

You agree that all production and/or mail processing/fulfilment or broadcasting or telemarketing be undertaken only by an AML approved supplier of these services.

You agree to deliver to AML prior to the delivery of the Lists, a sample of the communication/promotion material to be sent to the lists.

AML or the List Owner may reject the use of the lists for the said sample of communication/promotion material without any claim or liability being made against AML or the List Owner.

You agree to deliver to AML, at your expense, names and addresses (in their original form) returned as postal un-deliverables, and acknowledge no claim against any guarantee of deliverability is valid unless all relevant un-deliverables are delivered with their key codes intact within 30 days of the list delivery date.

You acknowledge that our use of the List is AML’s complete responsibility and that AML has no responsibility of any kind for the success or failure of your use of the List or your marketing campaign generally.

You hereby release AML from all or any liability which might arise out of our use of the said List whether or not you use the same in accordance with advice from AML or not.

You acknowledge that AML has no control over whether or not the List may or may not be accurate or correct, may not wish to purchase or respond, or for any other reason, the use of the List may not lead to successful results for the communications campaign.

You agree that AML is not to be held liable for the number or success of the replies or any responses you receive.

You acknowledge that delivery of the list shall not be binding on AML who undertake to make every effort to ensure timely delivery. AML cannot be held responsible for delays arising from circumstances beyond its control.

In the event that a signed list agreement is returned to AML, then cancelled, a cancellation fee of 30% of order price will apply.

AML acknowledges and accepts any duplication within mailing lists ordered from AML whatever the extend of duplication that may occur and the renter accepts the lists on that basis and will not make any claim with respect to any duplication. You agree that de-duplication of lists is your responsibility.

AML will provide a deliverability guarantee as specified by the list owner.

Payment Terms: Prepayment prior to List delivery or Nett 30 days from date of invoice for approved customers only.

If you have any questions regarding the Terms and Conditions please contact AML or: .(JavaScript must be enabled to view this email address) or call +61 (0)3 9686 9700.

Disclaimer

Action Mailing Lists (AML) does not warrant, guarantee or make any representations regarding the currency, accuracy, correctness, reliability, usability, or any other aspect, of the material presented on this Web site, nor of material provided by others to AML and presented on this Web site, nor of material provided by others and accessed from this site using links or connections to their Web sites or distribution services. The user accepts sole responsibility and all risk for using material presented on or accessed from this Web site. AML does not accept any liability for any loss or damage which may be incurred as a result of using this Web site or any material presented on or accessed from this Web Site.