Plick Email Marketing Software

Terms and Conditions

Acknowledgements

1. Plick Pty Ltd is the provider of both a software product and an email service.
2. You agree that you are responsible for ensuring that your usage of the Plick Pty Ltd product and email service does not infringe any laws which may apply to you and to Plick Pty Ltd.
3. By subscribing to the service provided by Plick Pty Ltd you will be subject to a monthly subscription fee.
4. You are entitled to an initial 60 day free trial period. If during this period you have more than 100 contacts in your account then your credit card will automatically be debited according to Plick’s monthly subscription fees, which can be viewed here.
5. When you convert your account from a free trial account into a full account you will be charged a one off sign up fee of AUD $40 or the currency of your choice equivalent.
6. Plick Pty Ltd may not be used for the sending of unsolicited email.
7. Each email which is sent in connection with the service provided by Plick Pty Ltd which has an Australian link must comply with the Spam Act 2003 (Cth). It is your sole responsibility to ensure that all of your emails sent through the Plick Pty Ltd system are compliant.
8. You agree to abide by our spam policy, this can be viewed here

Emails must:-

1. Only be sent to recipients who have consented to the receipt of the emails. (Consent can be implied through conduct/relationships with the recipient)

2. Clearly identify who authorised the sending of the email and contain information detailing how recipients can readily contact that person organization.

3. Enable recipients to send an unsubscribe message to the person or oganisation who authorized the sending of the message. This unsubscribe link must be able to be activated by recipients for a 30 day period.

4. You will adopt and maintain the Plick Pty Ltd Privacy Policy which can be viewed at www.plick.com.au/legals.

Fees and Payments

* You agree that after the expiration of your trial (either after 60 days or when you account has more than 100 contacts) that subscription fees will become payable monthly to Plick Pty Ltd. Subscription fees shall automatically be debited monthly from your credit card based on the maximum amount of contacts in your account for that month. This will be a recurring debit. Upon

1. Plick Pty Ltd subscription will continue to be debited from your credit card until such time as this Agreement is terminated.
2. In the event that you enter a new payment bracket, as outlined on the pricing page, an additional fee (up to the value of this new amount) will be debited automatically from your Credit Card.

Termination

Our disclaimer and indemnity will survive any termination of this Agreement.

1. Termination by Plick Pty Ltd

1. Plick Pty Ltd can terminate your subscription, disable your account or put your account on inactive status at anytime with or without reason and with or without notice. Plick Pty Ltd shall have no liability to you or any third party because of such termination or action.

2. Termination by you

1. You can terminate your subscription to Plick Pty Ltd at any time by logging into your account and clicking on the “stop payment” button.
2. Upon termination you shall retain access to your account for the remainder of the month which has been prepaid.

No Warranty

To the extent permitted by law, any condition or warranty for the provision of services or goods which would otherwise be implied into the terms and conditions of this Agreement shall be excluded.

Any condition or warranty implied by legislation into this Agreement for the provision of goods and services or which determines the liability of Plick Pty Ltd under such condition or warranty shall not be excluded if to do so is prohibited at law, however the liability of Plick Pty Ltd is limited to a breach of that condition or warranty to the following extent:-

1. for services, the supply of the services again; or the payment of having the cost of the services supplied again.
2. for goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods or the payment of the cost of replacing the goods or of acquiring equivalent goods.

Invalid Terms and Conditions

In the event that any part or parts of this Agreement is are determined to be void, voidable or illegal then they may be severed from the remaining terms unless to do so will result in a change to the basic nature of this Agreement.

Inappropriate Content

Plick Pty Ltd does not allow certain content to be used while using the Plick system, if this content is used the users Plick account will be terminated without refund. The content types that are not allowed are:

1. Pornography and/or adult content of any kind.
2. Impersonating another company and/or person without their written permission.
3. Gambling and/or betting information.
4. Distribution of viruses and/or mailware.
5. Threatening and/or Abusive emails.

Variation of Terms of Use

Plick Pty Ltd reserves the right to vary these terms and conditions from time to time and to notify you of such variation by any means as Plick Pty Ltd thinks fit. Any variation shall become effective upon such notification.

Website Unavailability

Plick Pty Ltd does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Plick Pty Ltd.

Links to other Websites

This website contains links to websites maintained by other organisations. Plick Pty Ltd does not provide any warranty or take any responsibility or liability for the accuracy, source or any other aspect of those websites. The links are provided solely for your convenience and do not indicate, express or imply, any endorsement by Plick Pty Ltd of the website(s) or the products and services provided there. You access those websites and use the information, products and services solely at your own risk.

Jurisdiction

This website (excluding any linked third-party websites) is controlled by Plick Pty Ltd. By accessing the website you accept that any disputes arising from your use of this website, its contents or the services provided by Plick Pty Ltd shall be governed by courts having jurisdiction in the State of Queensland in Australia in accordance with the laws in force in that state, without regard to its choice of law or conflict of laws provisions.

It is your sole responsibility to ensure that your access to this web site is not illegal or prohibited by any laws that apply to you. Plick Pty Ltd does not warrant that the details on this website will satisfy the laws of any other country or jurisdiction.
If this website does not satisfy the laws of the jurisdiction from where you access this website you may not subscribe to the services provided by Plick Pty Ltd.

Disclaimer

Plick Pty Ltd has made every effort to ensure the information contained in the website is free from error, however, it gives no warranty in regards to the accuracy, completeness or adequacy of the information contained in this website. All information is subject to change without notice.

Whilst all reasonable care has been taken in the preparation of the material and information contained on this website, Plick Pty Ltd disclaims all liability to you in relation to any action taken on the basis of any material and information contained in this website or any loss or damage suffered in connection with that material or information.

You should make your own inquiries before entering into any transaction on the basis of the material and information contained in this website.

Plick Pty Ltd does not guarantee that this website or any third party websites will be free from viruses.

No Liability

Plick Pty Ltd does accept any liability in contract, tort, equity or restitution for any direct or consequential loss (or both) arising from or connected with your use of the services provided by it through this website.

Indemnity

You agree to indemnify and keep indemnified Plick Pty Ltd and its employees, agents and consultants on demand on a full indemnity basis against all actions, liabilities proceedings, claims, costs, expenses and demands that may be instituted against Plick Pty Ltd to or against any person, which arise from your failure to comply with these terms and conditions and any relevant legislative provisions.

Save and except for third party content, all the content of this website and downloads from it are owned directly or licensed by Plick Pty Ltd.
All rights are reserved. You are responsible for obeying all applicable copyright laws. You may access and display these pages on a computer, monitor or other video display device and make a print copy of any whole page or pages on this website for your personal use only, but only if you: (a) do not modify the copy from how it appears on Plick Pty Ltd's website (unless expressly authorised by Plick Pty Ltd) (b) include the above copyright notice on the copy All other use, copying or reproduction of any part of this website is strictly prohibited. Without limiting the foregoing you must not reproduce, frame, transmit (including broadcast), adapt link to, or otherwise use any of the material on the website including audio and video excerpts without the prior written approval of Plick Pty Ltd. For permission to reproduce any material, a request in writing is to be made to Plick Pty Ltd's Legal Business Unit.

Trade Marks

This website includes registered trademarks including but not limited to the words 'Plick', 'it's the Plick way' and 'powerful email marketing'. Unless otherwise indicated they are owned by Plick Pty Ltd in Australia and may be the subject of rights in other countries. You must not use Plick Pty Ltd's trademarks except:

1. by saving or printing out a copy of Plick Pty Ltd's website as permitted by the copyright notice above;
2. as permitted by written agreement from Plick Pty Ltd.

You grant Plick Pty Ltd an irrevocable right and royalty-free licence to copy and adapt any material you generate through use of any feedback facility, to the extent necessary to provide the facilities, or to promote the facilities or any other service of Plick Pty Ltd.