Mailsavvy Terms of Use

Wedding Savvy Pty Ltd (Mailsavvy) ACN 649 737 404

1. Background

Thank you for visiting our Terms of Use ( Agreement ), we are Wedding Savvy Pty Ltd (Mailsavvy) ACN 649 737 404 ( we, our, us  and other similar terms). We provide a n email templating management and version control too l ( Mailsavvy ).

This Agreement outlines the terms and conditions associated with the use of Mailsavvy . It is your obligation to ensure that you have read, understood and agree to the most recent terms available at   https://www.mailsavvy.io   ( Website ).

2. Agreement

1. Accepting this Agreement

By creating an Account, you agree to comply with and be bound by the terms and conditions of this Agreement. These terms govern your access to and use of Mailsavvy . If you do not agree to these terms, you have no right to obtain information, use our services or otherwise continue using Mailsavvy .

These terms are binding on any use of Mailsavvy . You must not use Mailsavvy  if you are not able to form legally binding contracts or are under the age of 18. If you create an Account on behalf of your employer or any other entity you warrant, you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.

2. About this Agreement

Throughout this Agreement we use some capitalised words and phrases, like the word “Agreement”. These capitalised words and phrases are defined throughout this Agreement or in clause 16 and aid to clarify the terms and conditions. Please feel free to contact us at https://www.mailsavvy.io   If you have any other questions relating to this Agreement.

3. Term

The term for this Agreement begins when you first create an Account and continues for the Subscription Period or until this Agreement is terminated in accordance with clause 14.

If your Subscription Package is not terminated in accordance with clause 14(a) prior to the expiry of the then current Subscription Period, your subscription will automatically renew for a period equal to the then current Subscription Period.

3. User Account

1. Creating an Account

You acknowledge and agree that to access Mailsavvy , you are required to provide us with Personal Information and create an Account with us.

Where you have an Account, we grant you a non-transferrable, non-exclusive and revocable licence to access Mailsavvy , subject to the terms and conditions of this Agreement.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account and operating Mailsavvy . You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.

We reserve the right to reject any new Account in our absolute discretion.

2. Account security

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account on your behalf. You are responsible for the activities undertaken using your Account which occur via Mailsavvy , whether such activities are authorised by you or not.

3. User Account types

         There are multiple account types that have permissions to access and use features within Mailsavvy.

You acknowledge and agree that you will only have access to the functionality of Mailsavvy  that is available to the Account type and Subscription Package which you register for.

4. Your use of Mailsavvy

1. Prohibited conduct

You must not:

1. make misleading or deceptive statements via Mailsavvy or regarding any services or goods you offer via Mailsavvy;

2. use Mailsavvy directly or indirectly for any activity or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces or offends any person;

3. use any screen capture, data mining, robot, crawler or similar data gathering, reproduction or data extraction tools to collect information from Mailsavvy for any purpose including the sending of unsolicited emails, soliciting our or another User’s clients, or duplicating the content of Mailsavvy;

4. create an adaptation or translation of, all or part of Mailsavvy in any way;

5. use Mailsavvy in a manner which may infringe any other person’s Intellectual Property;

6. incorporate all or part of Mailsavvy in any other webpage, site, application or other digital or non-digital format;

7. except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Mailsavvy;

8. use Mailsavvy in connection with a breach of any law in Australia or the jurisdiction in which you operate;

9. use automated means to upload content, log in or attempt to log into an Account, download or otherwise access Mailsavvy in any way;

10. attempt to gain unauthorised access to or impair any aspect of Mailsavvy;

11. in any way tamper with, hinder or modify Mailsavvy;

12. provide false or misleading information;

13. knowingly transmit any viruses or other disabling features to or via Mailsavvy;

14. intentionally disable or circumvent any protection or disabling mechanism related to Mailsavvy;

15. install or store any software applications, code or scripts on or through Mailsavvy;

16. sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of Mailsavvy on any medium;

17. use Mailsavvy in any way which could be reasonably expected to interfere with or damage our network, any other operator's network, or another User's enjoyment of Mailsavvy; or

18. attempt any of the above acts or facilitate or assist another person to do any of the above acts.

2. Right to suspend

We reserve the right to limit or suspend all or part of your access to Mailsavvy  and alter your Account information, if in our reasonable opinion:

1. you are in breach of any of the obligations, warranties or undertakings in this Agreement, including, where applicable, the payment of any Fees;

2. you are making misleading or deceptive statements via Mailsavvy;

3. your Account information is incomplete;

4. your Account is not used for a period greater than 12 months; or

5. we suspect a security breach associated with your Account.

Suspending your Account will not constitute a breach of this Agreement by us, nor will it alter, where applicable, your obligation to pay any Fees.        

1. Mailsavvy

1. Content and hyperlinks

The content on Mailsavvy  is largely produced by other people using Mailsavvy  and not us. It is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the content of other Users.

Mailsavvy  may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.

Where we provide hyperlinks, we do so only for your convenience and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.

2. Support

While you maintain a valid Account, we will provide support to assist you with technical issues which arise from the use of Mailsavvy . Support is available via submitting the contact form at https://www.mailsavvy.io .

3. Mailsavvy  accessibility

You acknowledge and agree that Mailsavvy  requires access to the internet and will not function as anticipated without internet access.

Mailsavvy  operates using third party cloud infrastructure and telecommunication services ( Third Party   Infrastructure ). From time to time, Mailsavvy  may become inaccessible or unavailable. We neither control nor are we liable for faults in Third Party Infrastructure nor the consequences which arise from such faults.

4. Updates to Mailsavvy

We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline (temporarily or permanently) or otherwise alter Mailsavvy  at our sole and absolute discretion.

From time to time, without notice, access to all or part of Mailsavvy  may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to Mailsavvy  as soon as practicable.

You agree we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such temporary interruptions will not constitute a breach of these terms.

2. Paid Accounts

Where you have a n Account which is associated with a paid subscription , this clause 6 applies.

5. Payment

We reserve the right to offer a waiver or reduction of the Fees, such as offering a free trial of Mailsavvy , at our sole discretion.

We will provide you with a tax invoice for any Fees, which you agree to pay in accordance with the Payment Terms.

Unless expressed otherwise, Fees are quoted in Australian Dollars and are exclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.

You are responsible for all taxes and all fees and charges applied by the payment gateway provider, which you choose to use.

6. No return of funds and no chargebacks

You acknowledge that once a payment is processed via Mailsavvy  it is non-refundable, except as otherwise required by law.

To the extent permitted by law, you agree not to ask your bank or other financial institution to chargeback any fees processed via Mailsavvy . If you initiate a chargeback in violation of this Agreement, you agree that we may dispute or appeal the chargeback and instigate collection against you and take such other action we deem appropriate.

3. Relationships between Users

1. Not a party

You acknowledge that we are not a party to the relationship or any dealings between Users. Without limitation, you are solely responsible for:

6. determining the suitability of the goods or services provided by other Users;

7. negotiating, agreeing to, and executing any terms or conditions of an agreement you form with other Users; and

8. complying with the obligations of any contract you have with other Users.

2. No guarantees by us

We do not:

9. verify or otherwise moderate any feedback, reviews or information provided by Users about other Users;

10. make any representations about or guarantee the truth or accuracy of any Account details or Submitted Content;

11. undertake any due diligence, vet or otherwise perform background checks on Users or the services or goods they provide;

12. supervise, direct, control, or evaluate Users or their work, nor impose quality standards or a deadline for completion of any User’s services or provision of goods;

13. dictate the performance, methods or processes a User uses to perform their services or provide their goods;

14. guarantee that Users are able to pay or will pay other Users and we are not liable if a User is in default to another User; nor

15. set or have any control over a User’s pricing, work hours, work schedules, or work location, nor are we involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to a User for their goods or services.

4. Submitted Content

You undertake not to upload, store, alter, configure or access any data or Submitted Content to Mailsavvy :

16. If such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

17. which is false, misleading or otherwise deceptive in any way;

18. which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful or otherwise objectionable;

19. which includes nudity, sex, pornography, adult-oriented content, or explicative or inappropriate language;

20. containing any computer virus or malicious code;

21. which advertises goods or services which are illegal to provide in your jurisdiction or the jurisdiction to which you are offering them;

22. that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation; or

23. any other content deemed inappropriate in our sole discretion.

We reserve the right to take down and destroy any Submitted Content, in our sole discretion, and without notice. While we reserve this right, you acknowledge and agree we are not required to monitor Submitted Content, nor are we responsible for it.

It is entirely your responsibility to keep copies of any Submitted Content uploaded to Mailsavvy  and you must not rely on us storing copies for you.

5. Intellectual Property

We warrant we own or have a licence to use the Intellectual Property in Mailsavvy .

If you provide us with Submitted Content, it stays yours. This Agreement does not transfer ownership of Submitted Content.

When you provide Submitted Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that Submitted Content works better with Mailsavvy ), communicate, publish, publicly display, publicly perform and distribute Submitted Content for the purposes of allowing us to provide, improve, promote and protect Mailsavvy . You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the Submitted Content.

You represent that you own all rights to your Submitted Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Submitted Content to the extent that it is used within Mailsavvy .

6. Privacy

You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy at our  sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.  

Mailsavvy  operates as a platform to facilitate the sharing of information between Users. As such, by uploading any Personal Information to Mailsavvy , you consent to us sharing such information with other Users you nominate for it to be shared with via your Account. You should not include Submitted Content to Mailsavvy  if you do not want it shared with other Users you have nominated.

7. Limitation of liability

1. Implied Conditions

This clause must be read subject to any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010  (Cth)), which cannot by law be excluded ( Non-Excludable Conditions) .

We exclude all implied guarantees, conditions and warranties from this Agreement except any Non-Excludable Conditions.

2. Limitation of liability

Subject to the Non-Excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

24. Mailsavvy  being inaccessible for any reason;

25. incorrect or corrupt data, lost data, or any inputs or outputs of Mailsavvy;

26. any computer virus, trojan and other malware in connection with Mailsavvy;

27. security vulnerabilities in Mailsavvy or any breach of security that results in unauthorised access to, or corruption of data;

28. negligence caused by us or our service providers;

29. any dispute arising between Users, your engagement with another User of Mailsavvy or your reliance on any Submitted Content;

30. any loss or damage to property, personal injury or death arising directly or indirectly in connection with this Agreement;

31. the actions or inactions of any other User or other third party to this Agreement;

32. any unauthorised activity in relation to Mailsavvy;

33. the occurrence of an Event of Force Majeure;

34. your use of or reliance on Mailsavvy for a purpose other than its reasonably expected purpose;

35. your breach of this Agreement; or

36. any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.

3. Limits to liability associated with goods and services

To the fullest extent possible under the law, we limit our liability for any breach to:

37. in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and

38. in the case of services, the resupply of the services or the payment of the cost of having the services resupplied.

4. Consequential loss

Subject to the application of any Non-Excludable Condition, neither party is liable to the other party for any consequential loss.

8. Warranties and indemnities

1. Warranties

Subject to the Non-Excludable Conditions, we make no warranties or guarantees that Mailsavvy  is fault free, regarding its fitness for any particular purpose or regarding your access to, or the results of your access to Mailsavvy , including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

2. Indemnity

You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, whether directly or indirectly, in connection with this Agreement or your use of Mailsavvy  including any costs arising from:

39. your breach of this Agreement;

40. your infringement of any third party Intellectual Property rights associated with this Agreement;

41. any harm to, claim or action by a third party (including to that third party’s personal property) which arise directly or indirectly from your use of Mailsavvy, the goods or the services procured under this Agreement; or

42. your breach of any law.

9. Dispute Resolution

A party claiming a dispute has arisen under this Agreement ( Dispute ) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 13 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of this Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 13. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 13 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

10. Termination

1. Either party may terminate a Subscription Package by sending a Cancellation Notice. Termination will take effect:

1. at the end of the then current Subscription Period; or

2. where your Account remains suspended for a period of more than 14 days or you are in material breach of this Agreement, immediately upon notice by us.

2. Upon termination:

1. where you have a Vendor Account, all unused Vendor Credits are non-redeemable and cancelled immediately;

2. you must immediately stop using Mailsavvy;

3. we reserve the right to permanently erase any data associated with your Account; and

4. you will no longer have access to your Account.

11. General

Assignment  - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent. You must not assign, encumber, declare a trust over or otherwise create an interest in your rights in this Agreement without our consent, which must not be unreasonably withheld.

Entire agreement  - This Agreement sets out all the parties’ rights and obligations relating to the subject matter of this Agreement, and it supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.

Event of Force Majeure - The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.

Governing law  - This Agreement is governed by and is to be construed in accordance with the laws applicable in Queensland and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

Notices  – Unless otherwise stated in this Agreement, the parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via the email address provided to us in your Account. By accepting these terms, you give your consent to receive communications from us by email. Your notices to us should be directed to Mailsavvy  or sent via the facilities made available to you on our Website.

Relationship of the parties  - Nothing in this Agreement is intended to create any partnership, joint venture, agency or employment relationship between the parties.

Survival  – Clauses 9, 10, 11,12, 13 and any other clause in this Agreement which is expressed to survive or by its nature survives, will survive termination or expiry of this Agreement for any reason.

Severance  - If anything in this Agreement is unenforceable, illegal, or void then it is severed, and the rest of this Agreement remains in full force and effect.

Variations to this Agreement  - We may vary this Agreement at any time by posting, with 1 month notice, the new Terms of Use on our Website. If you do not accept the terms of the variation you may terminate this Agreement in accordance with clause 14.

12. Definitions

In this Agreement:

Account means the username and access credentials used when you access Mailsavvy .

Agreement means this Mailsavvy  Terms of use and any document incorporated into them by reference.

Cancellation Notice means either a notice to terminate this Agreement sent by you via the facility on Mailsavvy , or a notice to terminate sent by us to the email address nominated on your Account. Either option satisfies the requirements for termination to be provided in writing.

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

Fee means all amounts payable by a Vendor Account User via Mailsavvy  including the Subscription Fee and Vendor Credit Fee.

General Account means as defined in clause 3.3(a).

Intellectual Property  means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Non-excludable Condition  means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010  (Cth)), which cannot by law be excluded.

Payment Terms means, where applicable, your requirement to pay via your nominated payment method on your Account the Subscription Fee at the beginning of each Subscription Period and to pay any other Fees immediately upon purchase.

Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.

Privacy Law  means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988  (Cth) incorporating the Australian Privacy Principles.

Privacy Policy  means the privacy policy available on our Website as amended by us from time to time.

Submitted Content means all information, audio, documents, imagery, graphics, HTML, text, computer code, software or other material which is uploaded by a User.

Subscription Fee means the monthly price payable for a Subscription Package as set out on our Website.

Subscription Package means a subscription package to Mailsavvy  as set out on our Website from time to time.

Subscription Period means one calendar month.

Support Portal  means the support services available via Mailsavvy .

User means a person who accesses Mailsavvy .

Vendor Account means as defined in clause 3.3(b).

Vendor   Assistant Account means as defined in clause 3.3(c).

Vendor Credit Fee means the amount payable for a Vendor Credit as advertised on our Website from time to time.

Vendor Credit means a credit redeemable via Mailsavvy  for access to an enquiry by a General Account User for a Vendor Account User’s goods or services.

We, our, us and other similar terms means Wedding Savvy Pty Ltd (Mailsavvy) ACN 649 737 404.

Website means   https://www.mailsavvy.io .

You, your and other similar terms means the person or entity using Mailsavvy.