End User Licence Agreement
In using the data or services provided by Independent List Management Pty Ltd you have agreed to the conditions below.
Independent List Management Pty Ltd.
ABN 39 138 392 944
PO Box 333, Wahroonga NSW 2076.
Phone: (02) 9989 8422
Licence Agreement Terms and Conditions
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.
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. Independent List Management 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 licence and legal action may be taken against you and your organisation in addition to the cancellation of your licence to use data provided by Independent List Management Pty Ltd.
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 Independent List Management Pty Ltd other than those set out herein.
1. In this document: “Licence agreement” means the agreement contained in and evidenced by this document.
“The licensor” means Independent List Management Pty Ltd Pty Ltd and its directors.
“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 Independent List Management Pty Ltd electronic lists of Architect and Building Firms on diskette/CDROM/book/email zip file, on self-adhesive labels, label masters, reports, or in any other form.
2. 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 Licence 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 Licence Agreement and to agree to be bound by them.
3. 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 such unenforceability shall not affect any other part of such provision or any other provision hereof.
4. 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.
5. The Licensee may not on-sell, transfer, lease or otherwise assign the Product to another party.
6. 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.
7. 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.
8. The Licensee may not decompile, disassemble or otherwise reverse engineer the Product.
9. 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.
10. In no event will the Licensor (Independent List Management Pty Ltd Pty Ltd and/or its directors) 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 Licence Agreement or a breach of a fundamental term thereof.
10a. 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.
10b. It is the express responsibility of the client and their agent/s to determine whether any email data provided in the list can be used under the terms of the Spam Act.
11. Not withstanding 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.
12. Any licence to use any goods or services provided by Independent List Management Pty Ltd is invalidated by non-payment of invoices.
13. Where a Licensee is in breach of any part of the licence agreement all rights to use data already supplied, regardless of the date when the Licensee first came into force, the licence to use the data will be suspended until reinstated in writing by Independent List Management Pty Ltd.
14. Returns are only accepted in cases of incorrect supply, damage in transit or faulty goods. Notification of incorrect supply must be made within 7 days of receipt. Authority to return goods must be obtained in writing from Independent List Management Pty Ltd.
15. The lists may be used as many times as required by the licensee for their own marketing and research and within the general conditions and specific conditions of use outlined in marketing material, written quotations and this agreement.
16. Licensees who use Independent List Management Pty Ltd data for bulk email messages must comply with all legislative requirements in the recipients and the sender’s jurisdiction, as well as the jurisdiction of the server site. Users must include in every message a valid return email address, full postal and phone contact details. Users must have an “unsubscribe” or “opt-out” policy and ensure that it is fully operational before sending any electronic messages. Each email sent must include an opt-out provision.
17. Independent List Management Pty Ltd has collected the email addresses in its databases by individual research and has not used any software system to generate or harvest email addresses. We believe that at the time of publication all addresses are sector specific (i.e. An Architects email address is directed to an Architectural Firm and a Builders email address is directed to a Building Firm) Taking this into account you must make seek your own advice as to the use of emails provided by Independent List Management Pty Ltd.
23. All materials, including this licence agreement, are copyright of Independent List Management Pty Ltd. Addendum not withstanding conditions above.