General Terms and Conditions
To use the main services offered by this website you must irrevocably agree to be bound by these terms contained within this document. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the purchase of our Services.
1. Definitions and Interpretations
1.1 In this document, references to “Q Mail”, “you”, “customer”, “user”, “your” and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.
1.2 In these terms, reference to “us”, “we”, or “our”, shall refer to Panama Red productions Pty Ltd T/as The QMail Group.
1.3 In these terms, references to “Services” or “Services” include our online platform and any product, package or account offered by us.
1.4 In these terms, references to “Spam” shall refer to distribution of unsolicited bulk and/or commercial electronic messages over the Internet.
1.5 In these terms, references to “Billing Cycle” shall refer to the payment structure chosen by you on signing up to our Service.
1.6 In these terms, references to “Effective Date” shall refer to the date that you make an application to us for the purchase and/or use of our Services.
1.7 In these terms, references to “Contract Period” shall refer to the Initial Period, the First Extension Period or any subsequent extension periods.
1.8 We, at our discretion, may change or modify this Agreement at any time. Such amendments will be notified to you on the Site and will have effect from the date of such notification. We are not responsible for any delays in performing or failure to perform any obligations to you as a result of any matter beyond our reasonable control.
2. Representations you make about yourself
2.1 All Services are offered by Q Mail on the basis that users can form legally binding contracts under the applicable state, territory or federal laws governing the user.
2.2 By purchasing or using the Services on this Site you irrevocably undertake, represent, warrant and agree that:
(i) You are at least 18 years of age or have the consent of a legal guardian;
(ii) all information associated with your account is kept private. You shall guarantee that all password and username information that is used to gain access to our Service shall not be divulged to anyone else. If your password does become known to another person, you will inform us immediately and/or change your password yourself. We may require you to change your password where considered necessary; and
(iii) you agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of Services to you, including without limitation liability for breach of copyright or any other intellectual property rights.
3. Terms governing your account
3.1 To access the main features of this Site you will have to activate an account (“Account”). You represent and warrant to us that all personal information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete by updating all information as it changes. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.
3.2 A user’s wilful provision of inaccurate or unreliable information, a user’s failure to promptly update information provided to us, or a user’s failure to respond for over fifteen (15) calendar days to inquiries by us concerning accuracy of contact details associated with the user’s registration, shall constitute a material breach of this agreement and be a basis for termination of the user’s Account. This right shall be exercised at the sole discretion of Q Mail.
3.3 You are solely responsible for all the activity that occurs on your Account, whether authorised by you or not. It is your responsibility to keep all account information secure, including without limitation, your username, password and payment methods. To maintain the security of your Account it is encouraged that you should change your password once every three (3) months. Any potential breach of security or any suspected or actual unauthorised usage of your account should be brought to the attention of Q Mail. We will not be liable for any loss you incur due to any unauthorised use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an unauthorised person.
4 Acceptable use & general conduct
4.1 You are solely responsible for the content stored by you or on your behalf on this Service. You must maintain the security of all personal information, account names and passwords and ensure all data is free from malicious content that may harm any part of Q Mail’s infrastructure, the personal information of other account holders, or the external systems of visitors to the Site.
4.2 You irrevocably agree that it is your responsibility at all times to:
(i) use our Service in a manner which does not violate any applicable laws or regulations;
(ii) respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
(iii) respect the privacy of others;
(iv) use the Service in a manner which does not interfere with or disrupt other network users, services or equipment;
(v) refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services; and
(vi) ensure your use of our Services remains ethical and in accordance with accepted community standards.
4.3 It is not acceptable to use our Service in any way that we, in our sole discretion, determine constitutes a use which may:
(i) violate copyright or other intellectual property rights or publish any material that infringes any third party’s intellectual property rights or any other rights;
(ii) illegally store, use or distribute software, transmit threatening, obscene or offensive materials;
(iii) engage in electronic ‘stalking’ or other forms of harassment such as using abusing or aggressive language;
(iv) misrepresent or defame others;
(v) commit fraud;
(vi) gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machine accessible via the Internet;
(vii) damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
(viii) engage in misleading or deceptive on-line marketing practices;
(ix) conduct any business or activity or solicit the performance of any activity that is prohibited by law;
(x) make an unauthorised transmission of confidential information or material protected by trade secrets;
(xi) “spam” or engage in “spamming” activities, or sending unsolicited commercial activities;
(xii) engage in obscene speech or materials, this includes advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
(xiii) transmit defamatory, harassing, abusive or threatening language;
(xiv) create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
(xv) post or transmit defamatory, harassing, abusive or threatening language; and
(xvi) facilitate a violation of this clause and Acceptable Use Policy.
4.4 You must at all times comply with the law. You agree that our determination that you have violated any state, federal or international law through the use of our Services will result in a breach under this Agreement. You agree that we may, by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
4.5 We reserve the right to suspend, terminate or restrict the use of your account at any time if we believe or suspect that you are in breach of any obligation set out under these terms and conditions.
4.6 You are prohibited from violating or attempting to violate the security of the Site or of the s network. Any violations of system or network security will be investigated and Q Mail will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. These violations include but are not limited to:
(i) accessing data, logging into an account or gaining access to an account without proper authorisation;
(ii) any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(iii) any attempt to alter the experience of other users or interfere with the Service, network or host, including, but not limited to, through means of overloading, “flooding” or “crashing”;
(iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and
(v) any action taken in order to obtain services to which the user is not entitled.
5. Liability and Indemnity
5.1 You irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
5.2 To the fullest extent permitted by law we hereby exclude all conditions and warranties not expressly set out herein. Except as specifically set forth elsewhere in this agreement, we make or give no express or implied warranties or representations including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given.
5.3 You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim.
5.4 You agree to defend, indemnify and keep indemnified and hold us harmless from:
(i) loss of business, contracts, profits or anticipated savings;
(ii) other indirect or consequential or economic loss whatsoever;
(iii) loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
(iv) injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
(v) negligence, misconduct, or breach of this agreement by you;
(vi) incomplete, inadequate or otherwise problematic use of any Services by you;
(vii) omission or failure by you to obtain appropriate advice, including legal, in respect of any service or this agreement prior to making a purchase
(viii) incomplete, inadequate or lack of knowledge and experience necessary for use of any Services
(ix) allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets due to the information you have provided us; and
(x) damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services
5.5 You expressly and irrevocably agree that this clause survives the expiry and/or termination of our Service or this Agreement. Should any part of these terms be made invalid by relevant legislation, that wording shall be severed from this agreement and the remainder of the terms shall remain in force.
6.1 All charges will be listed on our Site. You shall be charged for our Service at the rate that is published at the time you request our Service. We reserve the right to increase the cost of our Service at any time. All users shall receive notice of any changes to fees as required under Clause 13.