OzMedia Terms of Use

These terms apply to all Services provided by OzMedia, its agents, affiliates, representatives or bodies corporate.

Your Responsibilities

You must adhere to OzMedia’s Privacy Policy, which deals with the protection of personal information. By proceeding to  use any OzMedia Services, you agree that you have read and fully understand your obligations under the Privacy Acts (see Privacy Policy at the bottom of the ozmedia.com.au home page). It is your responsibility to comply with OzMedia’s Privacy Policy and any additional privacy laws as apply to your jurisdiction, locality or country.

Furthermore, you must adhere to OzMedia’s Spam Policy, which deals with the kinds material you are permitted to transmit via any OzMedia Services. It is your responsibility to comply with OzMedia’s SPAM policy and any additional SPAM laws as apply to your jurisdiction, locality or country.

You warrant that you have accurate and complete information about your company and authorised contacts when registering to use any OzMedia service and when applying for a Monthly Account. You further warrant that you are legally able to be bound by these terms on behalf of your company and authorised to act on their behalf.

You are responsible for the messages and information you send. Please ensure that your information is relevant, and of interest, to your targeted audience. OzMedia does not take responsibility for the content of messages delivered by the OzMedia network on your behalf. You warrant that the content of all documents you submit will be accurate and free of any viruses and where applicable you have received the permission of all relevant sources and/or bodies corporate that may be referenced in your content. This includes, but not necessarily limited to, defamatory, obscene or illegal statements which infringe any laws, regulations or any industry codes of practice.

You authorise OzMedia to distribute your Information to the requested and/or chosen list(s) of recipients and further permit those recipients to use the information conveyed to them.

Where you have requested OzMedia to make changes, revisions or proof reads of your material, you acknowledge and accept that you are fully responsible for the final review and decision to transmit such material.

When uploading your own lists or documents for fax or voice broadcasting, you must take all necessary legal steps to comply with the DO NOT CALL REGISTER, further information is located at https://www.donotcall.gov.au and/or https://www.donotcall.gov.au/industry/industry-overview/industry-standards/

OzMedia’s Responsibilities

OzMedia will use all reasonable efforts to ensure that your information is distributed on time according to your on-line instructions. OzMedia, however, does not take responsibility for any errors in transmission or the selection of distribution lists.

OzMedia does not warrant that your recipients have expressed an interest in receiving your Information either from your own lists or any distribution lists provided by OzMedia or its third-party providers.

OzMedia does not guarantee publication of any materials by the media, including, but not limited to press, radio, television, specialty magazines and publications, internet and related news feeds, wires or portals.

OzMedia is a distribution service and the decision to act on, include, publish, transmit or diffuse information is entirely the decision of the receiving party, media or press entity.

OzMedia will give you selection access to all OzMedia distribution lists and your own lists and will provide OzMedia services to you provided that you have agreed to comply with these Terms of Use.

Should you fail to meet the conditions in these Terms of Use, then OzMedia reserves the right to block your access to any of OzMedia’s lists, terminate your scheduled broadcasts, terminate your registration, and retain any fees paid by you or take any action permitted by law.

Limitation of Liability

By becoming an OzMedia Customer you acknowledge that to the fullest extent permitted by law that OzMedia will not be liable in any way for the information transmitted by you, or the failure to transmit, or any delay in transmission, or failure to provide services however caused.

OzMedia will not be liable for any consequential loss, direct loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue , or economic loss of any kind, whether in contract, negligence, or any other tort, or under any statute or otherwise. OzMedia is not responsible for any errors in lists created by you or for the accuracy of OzMedia’s Media or Business Lists Online.

You agree to indemnify OzMedia against any loss, liability or expense arising from any loss in connection with your use of any OzMedia service.

You agree that to the fullest extent permitted by the law, all expressed and implied terms and conditions other than those set out herein; are excluded unless agreed to in writing by both parties.

Payment

OzMedia offers 2 methods of payment for all services:

1. Monthly Account for approved applicants. Terms are 7 days within receipt of invoice, unless other terms are arranged in writing. OzMedia will invoice by the 7th day of each month.

2. Pre-payment of Account for OzMedia Package Deals. Pay in advance and enjoy special rates on many popular lists and services.

Note: All rates quoted are net of any Goods and Service Tax (GST). GST will be added and shown on the invoices generated and sent to you.

Term of Service

There are no set contractual periods for OzMedia outbound messaging services.

Pre-payment Account Customers who select a OzMedia Package Deal have full access to use their credit for up to 12 months. Any unused credit remaining in your account after 12 months may be forfeited unless you advise us of your intent to use the credit within a further 12 months time. Any credit remaining after 12 months will be forfeited.

Inbound fax, voice and SMS numbers carry an initial setup-fee followed by a monthly service charge. You may cancel any inbound services with 30 days notice in writing, but you are required to pay any monthly fees invoiced during the notice period associated with any inbound services. Any inbound services numbers allocated to you remain the property of OzMedia and may not be ported to any other provider.

General Conditions

OzMedia reserves the right to terminate all services immediately if any of Your Responsibilities have been violated. If OzMedia terminates your account for this reason, then the balance of any unused credit will be forfeited.

If OzMedia intends to stop providing you any service for any reason other than for failure to pay charges or for contravention of any requirements listed under Your Responsibilities, then OzMedia will give you 30 days notice of termination of service. If OzMedia terminated your account for this reason, then OzMedia will refund the balance of any unused credit up to the termination date.

If you are a OzMedia Monthly Account Customer and do not pay OzMedia in accordance with the payment terms, OzMedia may terminate or suspend your account at its discretion until all arrears are paid.

OzMedia reserves the right to make changes to its terms and conditions and terms of service at any time, including novation of this agreement at any time at its discretion. While endeavours will be made to notify you of any changes, you should check this page peridiodically.

Any OzMedia Customer may give 30 days notice of termination of the service and receive payment for any outstanding credits. Payment will be made no later than on the 30th day from receipt of a written and authorised termination letter from the original customer.

Surcharge for Long Faxes

OzMedia will charge you a surcharge for faxes which take an unusually long time to transmit. If a page of fax takes over 1.5 minutes to transmit, then it will incur a surcharge at your per page rate, per additional minute or fraction thereof. This surcharge will be calculated at the end of the broadcast and will be reflected in the final report for the broadcast and in your invoice.

However, if you test your fax, and we quote you a transmission time of under 1.5 minutes, then your fax will not incur a surcharge.

Copyright

OzMedia owns the authorship of all content contained in the websites https://www.ozmedia.com.au, https://www.medibyte.net and https://www.ozmedia.com. This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sub-license, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of OzMedia. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.

Force Majeur

Neither party is liable for any Loss incurred by the other party as a result of any delay or failure to observe any of these conditions (other than an obligation to pay money) as a result of any circumstance beyond the party’s control, including but not limited to any strike, lock-out, labour dispute, act of God, fire, flood, accidental or malicious damage or breakdown in network infrastructure or equipment. The party affected must notify the other party as soon as reasonably possible of such circumstance. During the continuance of such circumstance the obligations of the party affected, to the extent they are affected by the circumstance, are suspended and resume as soon as possible after the circumstance has ceased to have effect.

Disclaimer

OzMedia disclaims any warranty, including third party, associated with the services provided, and disclaims any warranty regarding the accuracy, timeliness, fitness for purpose, completeness, or intellectual property infringement of the services. Capitalisations within these terms are for convenience only.

Applicable Law

These Conditions shall be governed by and construed in all respects in accordance with the Laws of New South Wales and each party hereby submits to the non-exclusive jurisdiction of the Courts of New South Wales. Each of the parties hereby irrevocably consents to the service of any and all process in such action or proceeding by the mailing thereof to the address indicated at the beginning of this Contract; and agrees that a final judgement in any such action or proceeding shall be conclusive and enforceable in any other court of competent jurisdiction.

Notices and Service

Any notice or other information required or authorised by these Conditions to be given by any party to the other may be given by hand or sent (by e-mail, express/registered post, facsimile transmission or comparable means of written communication) to the other party.