Terms & Conditions
Last updated: 19th June 2009
By using Newsletter Advantage you agree to be legally bound by these terms, which shall take effect immediately on your first use of Newsletter Advantage services. If you do not agree to be legally bound by all the following terms please do not access and/or use Newsletter Advantage services.
Newsletter Advantage may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Newsletter Advantage. Your continued use of Newsletter Advantage after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of Newsletter Advantage
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use NewsletterAdvantage.com.au content in any way, even for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any NewsletterAdvantage.com.au content. Any other use of NewsletterAdvantage.com.au content requires the prior written permission of Newsletter Advantage.
You agree to use Newsletter Advantage only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of NewsletterAdvantage.com.au. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue with Newsletter Advantage.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
Intellectual Property
The names, images and logos identifying Newsletter Advantage or third parties and their products and services are subject to copyright, design rights and trade marks of Newsletter Advantage and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Newsletter Advantage or any other third party.
Limited Warranty
The work and materials supplied by Newsletter Advantage, including website development programming, website/email design, website hosting, website/email templates and software (the Services), are provided "as is". To the maximum extent permitted by law, Newsletter Advantage disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Newsletter Advantage does not warrant that the Services will meet any requirements or needs you may have, or that any software supplied as part or all of the Services will operate error free, or in an uninterrupted fashion, or that any defects or errors in the software will be corrected, or that the software is compatible with any particular platform.
Some jurisdictions for not allow the waiver or exclusion of implied warranties so the waiver or exclusion may not apply to you.
If the law implies or imposes a non-excludable condition or warranty which can be limited, then liability to you for breach of that condition or warranty will be limited to one or more of the following as Newsletter Advantage may decide: (a) in the case of goods, to: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying for the cost of replacing the goods or buying equivalent goods; or (iv) paying for the cost of repairing the goods; or (b) in the case of services, to: (i) supplying the services again; or (ii) paying for the cost of supplying the services again.
Limitation of Liability
In the absence of fraud, no event will render Newsletter Advantage liable to you for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of data or business information) arising our of or in any way related to the use of or inability to use the Services or any part of them, or for any claim by any third party, even if such third party has been advised of the possibility of such damages.
Newsletter Advantage's aggregate liability with respect to its obligations under this agreement or otherwise with respect to the Services or otherwise shall not exceed the amount of the fee paid by you for the Services.
Quotes and Pricing
When a quote is provided by Newsletter Advantage it is valid for 14 days. After the 14 day period the quote is null and void and a new quote must be requested.
While every effort is made to keep prices listed on NewsletterAdvantage.com.au up-to-date, prices may change at any time at it is recommended you confirm any costs involved relating to work we undertake if you are unsure.
