Terms of Use

Last updated: 14th July 2017

Thanks for using Postie! Please read these Terms carefully. By using Postie or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Postie (‘Postie’ or the ‘Service’) is an email service offered through the URL gopostie.com that allows you to create, send, and manage email newsletters to individual recipients. Postie is owned and operated by Astronaut Labs Pty Ltd, in Victoria, Australia. The Postie Team comprises employees, independent contractors, and representatives. As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a ‘User’ (in a nice way!) according to this agreement (or ‘you’). These Terms of Use define the terms and conditions under which you’re allowed to use Postie, and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us via our website.

ACCOUNT
  1. ELIGIBILITY
    In order to use Postie, you must:
    1. be at least eighteen (18) years old and able to enter into contracts;
    2. complete the registration process;
    3. agree to the Terms; and
    4. provide true and up to date contact information.
      By using Postie, you represent and warrant that you meet all the requirements listed above, and that you won’t use Postie in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Postie may refuse service, close accounts of any users, and change eligibility requirements at any time.
  2. TERM
    The Term begins when you sign up for Postie and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially ‘signed’ the Terms. If you sign up for Postie on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
  3. CLOSING YOUR ACCOUNT
    You or Postie may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of any prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as ‘inactive’ and permanently delete the account and all the data associated with it.
  4. CHANGES
    We may change any of the Terms by posting revised Terms of Use on our Website at any time. The new Terms will be effective immediately and apply to any continued or new use of Postie.
  5. ACCOUNT AND LOGINS
    You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’re required to immediately notify us of any unauthorised use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
PAYMENT
  1. PLANS
    Our charges for plans will be posted on our Website and may be changed from time to time.
RIGHTS
  1. OUR RIGHTS
    You will respect our proprietary rights in the Website and the software used to provide Postie (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets with our direct written consent.
  2. YOUR RIGHTS
    You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.
  3. PRIVACY POLICY
    We may use and disclose your information according to our Privacy Policy.
  4. REVIEWING CAMPAIGNS
    We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs that help us spot problem accounts. We use these Tools to find Users who violate these Terms or laws.
RULES AND ABUSE
  1. GENERAL RULES
    You promise to follow these rules:
    1. You won’t send Spam. By ‘spam,’ we mean the definition here: Spam.
    2. You won’t use purchased, rented, or third-party lists of email addresses.
    3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
    4. If you violate any of these rules, then we may suspend or terminate your account.
  2. REPORTING ABUSE
    If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Postie user, please report it to us. If you think anyone has posted material that violates any copyrights, then please notify us.
  3. LEGAL COMPLIANCE
    You represent and warrant that your use of Postie will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations or other laws. If you’re subject to regulations, and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Postie, and collecting information as a result of sending Emails, you:
    1. Will clearly describe in writing how you plan to use any data collected, including for your use of Postie. You’ll get express consent to transfer data to Postie and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
    2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Postie.
    3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Postie to receive and process data and send communications to that individual on your behalf.
    4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
LIABILITY
  1. LIMITATION OF LIABILITY
    To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
  2. ’AS IS’
    To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Postie for a variety of reasons, we can’t guarantee that it will meet your specific needs.
  3. INDEMNITY
    You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a ‘Limitation of Liability’ or other provision. You also agree to indemnify and hold us harmless from any losses that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
  4. ATTORNEY FEES
    If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
  5. DISCLAIMERS
    We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Users.

THE REST!

  1. ASSIGNMENTS
    You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
  2. FORCE MAJEUR
    We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
  3. SURVIVORABILITY
    Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Severability, and Entire Agreement.
  4. SEVERABILITY
    If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
  5. ENTIRE AGREEMENT
    These Terms together with our Privacy Policy make up the entire agreement.

That’s it! Wasn’t too long we hope?!


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