These terms and conditions (“Terms”) are between Mailing Lists Online Pty Ltd ACN 094 368 028 (“Licensor”) and the Licensor’s client (“Licensee”) that by clicking “I agree” accepts these Terms and agrees to be bound to them.
1. The Licensor agrees to, subject to the Licensee’s compliance with these Terms:
(a) deliver to the Licensee a database/list of records of businesses fitting within the geographic and target group descriptions as selected by the Licensor ("List"), with the List having the data field layout including but not limited too Business Name, Address1, Address2, Address3, Suburb, State, Postcode, STD, Phone, STD, Fax, Industry Category, Sub Industry Category; and
(b) license non-exclusively to the Licensee the List upon the terms set out in these Terms.
2. The Licensee agrees to:
(a) notify the Licensor within thirty (30) 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 licence 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 licence fee if the Licensee cancels these Terms at any time. The licence fee is non-refundable.
3. The Licensee undertakes to take all reasonable steps to ensure that neither the List nor its contents are wholly or partially disclosed, transferred, licensed or loaned by or on behalf of the Licensee to any other party whatsoever, and to ensure further that the List and its contents are kept reasonably secure from access by parties other than those contemplated by these Terms.
4. Both parties agree to at all times, in relation to the List and the information contained within it, comply with the National Privacy Principles contained in the Privacy Act 1988 as though each party as the case may be was an organisation required to comply with that Act and those Principles.
5. The Licensee agrees that Under the Spam Act 2003 it is illegal to, among other things, send, or cause to be sent, 'unsolicited commercial electronic messages' that have an Australian link. A message has an 'Australian link' if it either originates or was commissioned in Australia, or originates overseas but has been sent to an address accessed in Australia. The Licensee agrees to comply with all obligations under the Spam Act and that the Licensor is not liable for any failure on the part of the Licensee to comply with the Spam Act. For more information on SPAM, please go to the SPAM Act
6. The parties agree further that:
(a) any use of the List other than in accordance with these Terms constitutes a breach of these Terms which could cause significant damage to the Licensor and its business;
(b) should any provision of these Terms be held to be invalid or unenforceable by a Court of competent jurisdiction, the remainder of these Terms shall not be effected and shall continue in force to the fullest extent permitted by law;
(c) save as expressly set forth in these Terms, no warranties expressed or implied are made in respect of the List and all implied warranties or representations, to the fullest extent permitted by law, are expressly denied;
(d) the Licensee uses the List entirely at the Licensee's own risk and undertakes not to institute any proceedings whatsoever against the Licensor or any of its employees, agents or contractors, and releases all such parties from any liability any of them might otherwise but for this clause have had to the Licensee, in respect of each and any of the List, the contents of the List and any use or intended use of the List;
(e) the laws of Queensland will apply to these Terms and each of the parties submits to the non exclusive jurisdiction of the Courts of that State irrespective of any dispute arising under these Terms.
Let us be clear on this. You will receive records thatis both of extreme currency as well as a percentage that which might be
described as non-current. There are reasons for this.
Even the product's main competitor - the yellow pages itself, contains listings which are years out of date in some instances. By the time telephone directories are published world-wide, the information in them dates back anywhere up to eighteen months and more. No-one has a complete national business database that is current. i.e. no listing of more than six months antiquity...even twelve months, come to that.
Due to the fact it is no longer possible to data-entry the yellow pages, the UK producers of our lists have been forced to use other available published sources, supplementing this with local telemarketing campaigns and Internet-based research. This means that from year to year it is now impossible to 'date-stamp' the data as once was the case
A basic listing for example might well have been of 2004 vintage (although captured from a 2006 or 2007 document) we may subsequently have verified the entity's continuance and obtained say the fax number and URL (2006), the ABN number and employee size in 2008, then the email (which may have changed) and the Principal in 2009. It, like so many others now is a hybrid undateable record.
You will find businesses that have been out of business for several years. It doesn't infer that the entire database is of the same vintage. Some users have detected that their own information is non-current and incorrectly assumed that this is an across-the-board problem. It isn't!
The other noticeable difference between our latest data and its predecessors is that from release to release there will now appear to be less change as once was the case. This is because we are not keying totally new telephone books but rather, adding and deleting data on a daily basis, plus on going confirmation and enhancement of existing records. Overall population varies but little, since we delete almost as many listings as we add.
We would just mention also in the product's defense. If the data in our mailing lists was able to be upgraded to the point that not a single listing was more than twelve months old, the cost of the data would multiple by 10 times or more. If you believe you are able to acquire a better and more comprehensive national file for less than the cost per record we are offering, then please close this window. If you are willing to accept the data's limitations and are prepared to work within its stated negatives, then you will undoubtedly discover the
product is a valuable and cost-effective marketing tool.
To Still dubious? Well, for all you remaining sceptics, contact your nearest list-broker and check out what you can expect to be outlaying for say, 100,000 fax numbers, 50,000 email addresses...every business in the Sydney CBD even.... We can save you the trouble, the reality is, many thousands of dollars and exorbitant setup fees.