ListLeader

TERMS OF SERVICE

Last updated on 19th of December 2019.

These terms and conditions (Terms) govern your use of ListLeader website located at www.ListLeader.com.au (Website) and our supply of mailing lists through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, The Trustee for Carnevale Family Trust T/A ListLeader

ABN 38 719 103 092 (ListLeader, our, we or us).

These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase mailing lists through the Website (List(s)). We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

1. USE OF THE WEBSITE

1.1 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

1.2 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of ListLeader;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing List(s)s;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of ListLeader, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;

(iv) instigating or participating in a denial-of-service attack against the Website.

1.3 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(d) information you receive or supply through the Website will be secure or confidential; or

(e) any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

1.4 INTELLECTUAL PROPERTY

(a) ListLeader retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from ListLeader or as permitted by law.

(c) Without limiting (a) above, we retain ownership of the List(s) that you purchase and provide you with a non-exclusive licence to use the List(s) in accordance with these Terms.

1.5 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility.

(b) We have no control over the content of the linked websites and we are not responsible for it.

1.6 SECURITY

ListLeader does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

1.7 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

1.8 PRIVACY

You agree to be bound by the clauses outlined in ListLeader Privacy Policy, which can be found here at

https://www.listleader.com.au/privacy-policy.

2. SUPPLY TERMS

2.1 OFFER TO PURCHASE

By submitting an order for purchase of List(s) using the Website's functionality (Purchase Order) you represent and confirm that you:

(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(b) are authorised to use the debit or credit card included in your order.

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the List(s) you have ordered in exchange for your payment of the total amount List(s) upon checkout. A contract is not formed until we have approved your payment and you receive a confirmation email from us confirming receipt of payment.

2.2 PAYMENT

(a) (Payment obligations) Unless otherwise agreed in writing:

(i) if ListLeader issues an invoice to you, payment must be made by the time specified in such invoice;

(ii) in all other circumstances, you must pay for all List(s) on or prior to ListLeader providing the List(s); and

(iii) you must not set off any money alleged to be owing by ListLeader against money due by you to ListLeader.

(b) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by ListLeader, you must pay the GST subject to ListLeader providing a tax invoice.

(c) (Card surcharges) ListLeader reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for List(s). The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

2.3 CANCELLATION

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

2.4 PRICING ERRORS

In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

2.5 DELIVERY

We will deliver the List(s) to you by providing a link to download the List(s) in an email to your nominated address (Delivery). It is your responsibility to ensure that the email address you provide us is correct and we are not responsible for any errors in the email address that you provide us.

While we will use our best endeavours to complete Delivery as promptly as possible, there may be delays in Delivery due to, for example, causes outside our control (including server or other technical errors). You acknowledge that we are not responsible for any delay in Delivery, provided that we offer you a refund if we have not completed Delivery within a period of 14 days.

2.6 FAILURE TO PAY

If you do not pay for any List(s) on or before the due date for payment:

(a) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, ListLeader reserves the right to revoke such credit and demand immediate payment before any further shipment of List(s);

(b) you must pay ListLeader interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by ListLeader;

(c) you authorise ListLeader, its employees and agents to enter any premises occupied by you or any other place where the List(s) are located and use reasonable force to retake possession of the List(s) without liability for trespass or any reasonable damage;

(d) ListLeader may at its option keep or resell List(s) retaken from you; and

(e) if you sell List(s) or items into which the List(s) are incorporated before payment in full to ListLeader, you acknowledge that such sale is made by you as bailee for and on behalf of ListLeader, to hold the proceeds of sale on trust for ListLeader, in an account in the name of ListLeader, and you must pay that amount to ListLeader on demand.

2.7 USE OF THE LIST(S)

You agree:

(a) to use the List(s) in accordance with these Terms;

(b) to notify us of any errors you identify in the list as soon as practicable but within 60 days of noticing the error;

(d) not to resell or commercialise the List(s). You must not disclose the List(s) to any other party and ensure that it’s contents are kept secure;

(e) that you use the List(s) at your own risk and we are not responsible for the failure or success of the use of the List(s) in your marketing campaigns;

(f) to use the List(s) and their contents in accordance with the Australian Privacy Principles contained in the Privacy Act 1988;

(g) that you purchase the List(s) at your own risk and we do not make any representations or warranties as to the completeness, accuracy or currency of the information contained in the List(s); and

(h) that, to the maximum extent permitted by applicable law, we are not liable to any person for loss or damage of any kind arising from or relating in any way to the List(s) provided by us.

2.8 SPAM ACT

You agree that it is illegal to send unsolicited electronic commercial messages with an Australian link. You agree to comply with all obligations under the Spam Act 2003 (Cth) (Spam Act) and we are not responsible for your failure to comply with the Spam Act. Please read the Spam Act for more information on your obligations.

2.9 REFUNDS

We do not offer refunds on the List(s), except as required by applicable law.

3. liability

3.1 LIABILITY

(a) (Limitation of liability) To the maximum extent permitted by applicable law, ListLeader excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms, List(s) or any other goods or services provided by

ListLeader.

(b) We do not make any representations or warranties as to the completeness, accuracy or currency of the information contained in the List(s), and you purchase and use the List(s) at your own risk.

(c) All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, ListLeader's liability for breach of that non-excludable condition, warranty or guarantee will, at ListLeader's option, be limited to:

(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and

(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

(d) (Indemnity) You agree to indemnify ListLeader and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of any goods or services (including the List(s)) provided by ListLeader, including all legal costs incurred by us in enforcing these Terms.

(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will ListLeader be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services (including the List(s)) provided by ListLeader (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

4. GENERAL

(a) (Governing law) This agreement is governed by the law applying in, Australia.

(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(h) (Interpretation) In these Terms, the following rules of interpretation apply:

(i) (singular and plural) words in the singular includes the plural (and vice versa);

(ii) (gender) words indicating a gender includes the corresponding words of any other gender;

(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.