Terms And Conditions

Overview
Please carefully read the following terms and conditions before using the data supplied by Ezymail Xpress. These terms and conditions are between Ezymail Xpress (“Licensor”) and the purchaser of Ezymail Xpress’s list (“Licensee”).

By using the data supplied by Ezymail Xpress you unconditionally accept the following Terms and Conditions.  If you do not accept all the Terms you must not use or purchase the data from www.ezymailxpress.com.au.

These Terms and Conditions shall be governed by and construed in accordance with all Australian State, Federal and Territory legislation. Each of the parties submits to the non exclusive jurisdiction of the Courts of that State irrespective of any dispute arising under these Terms. Ezymail Xpress does not purport to provide legal advice in any jurisdiction.

In addition, the licensee further agrees when using the data provided by Ezymail Xpress to comply with all Australian State, Federal and Territory legislation. Failure to comply with legislative requirements in any jurisdiction constitutes a breach of your license and legal action may be taken against you and your organization. Also, your license to use data provided by Ezymail Xpress will be cancelled.

Disclaimer
The data made available by Ezymail Xpress is gathered through various sources, including national, local and public sources. The data is being supplied by Ezymail Express to give the licensee access to contact and business information.

Please be aware that in making this data available we are in no way providing professional advice and accept no liability from reliance upon this material.

Limitation of Liability
Licensee agrees, understands, and expressly acknowledges that Ezymail Express neither assumes nor accepts any responsibility of any kind for defects, deficiencies, mistakes, ambiguities, or inaccuracies of any kind or effect with respect to the list purchased herein. Licensee agrees, understands, and expressly acknowledges that while Ezymail Express believes this information to be accurate, it does not, except as otherwise provided in the Order Confirmation, warrant or guarantee any degree of accuracy of the list rented, nor the outcome or results of any mailing or promotion or any other undertaking of the Licensee, and Ezymail Express shall not be held liable shall not be liable for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by licensee, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or sites, or other intangible loss.

Also, Ezymail Express shall not be liable for any loss or damage which may be incurred by licensee, including but not limited to loss or damage as a result of any reliance placed by licensee on the completeness, accuracy or existence of any data, or as a result of any relationship or transaction between licensee and any organisation or individual whose details appears in the data supplied.

The limitations of damages set forth herein are fundamental elements of the basis of the bargain between Ezymail Express and licensee, and licensee acknowledges and agrees that Ezymail Express would not have been able to have provided its goods and services without such limitations.

Indemnification
Ezymail Xpress shall not be liable to Licensee, or to anyone who may claim any right, due to Ezymail Xpress’s relationship with Licensee, for any acts or omissions in the performance of said services on the part of Ezymail Xpress or on the part of Ezymail Xpress’s agents, officers, directors or employees or assigns which result from the delivery of Services made to Licensee by Ezymail Xpress and its agents, officers, directors, employees or assigns, unless said acts or omissions of Ezymail Xpress or its agents, officers, directors, employees or assigns are due to their gross or willful misconduct.

Licensee agrees to reimburse Ezymail Xpress, for all expenses, including reasonable attorney's fees, incurred by Ezymail Xpress, to enforce this agreement and/or collect payments due hereunder. No modifications of this agreement may be made unless they are in writing and signed by the party to be charged. Time is expressly declared to be the essence of this agreement, and it is specifically agreed that no waiver of any breach or default by the Licensee shall be deemed a waiver of any breach or default thereafter occurring.

Data Use License
Under these Terms and Conditions, Ezymail Xpress grants a personal, non-transferable and non-exclusive license to the Licensee to possess and use the information supplied by Ezymail Xpress.

The licensee is strictly prohibited from distributing, lending or loaning (for payment or for free) any information supplied by Ezymail Xpress. It is also the responsibility of the Licensee to ensure that all specific laws and regulations (including Spam Acts and other relevant laws) are adhered to when using the information, which Ezymail Xpress obtains from public and private sources.

The Licensee agrees to undertake reasonable steps to ensure that neither the List nor its contents are wholly or partially disclosed, transferred, licensed or loaned by or on behalf of the Licensee to any other party whatsoever, and to ensure further that the List and its contents are kept reasonably secure from access by parties other than those contemplated by these Terms and Conditions.

Do Not Call Register
It is FULL responsibility of the licensee using the data supplied by Ezymail Xpress to take all reasonable steps to ensure that any telephone numbers used are not registered with the "Do Not Call Register.”

Data supplied by Ezymail Xpress is NOT checked against the "Do Not Call Register” for the removal of any telephone numbers that may appear in the "Do Not Call Register”.

All licensees should be aware that residential/private individuals who are registered with the "Do Not Call Register" cannot be called for telemarketing purposes except only under special provisions of the legislation governing the "Do Not Call Register" - for more information see https://www.donotcall.gov.au/
 
Business numbers are not included in the "Do Not Call Register”. Government telephone numbers and business fax numbers have recently been allowed to be added to the "Do Not Call Register”. However, government telephone numbers and business fax numbers listed in the data supplied by Ezymail Xpress have NOT been washed against the DNCR. Again this is the responsibility of the Licensee. The Licensee must take steps to ensure they are in compliance with the DNCR before engaging in any marketing campaigns.

Spam
The Licensee agrees to comply with all obligations under the Spam Act. The Licensor is not liable for any failure on the part of the Licensee to comply with the Spam Act.

According to the Spam Act of 2003 it is illegal to send, or cause to be sent, 'unsolicited commercial electronic messages' that have an Australian link. A message has an 'Australian link' if it either originates or was commissioned in Australia, or originates overseas but has been sent to an address accessed in Australia.

The Act covers email, instant messaging, SMS and MMS (text and image-based mobile phone messaging) of a commercial nature. It does not cover faxes, internet pop-ups or voice telemarketing.

Please be aware that email addresses listed in our data are NOT classified as "opt-in" and therefore proper care should be taken by Licensee to ensure they comply with the Spam Act 2003.

Copyrights and Trademarks
Data supplied by Ezymail Xpress may contain trademarks or registered trademarks. Ezymail Xpress doesn't authorise any use of these trademarks without further authorisation from the owners. The copyrights and database rights of the data belong to the compiler and publisher of this database. Ezymail Xpress understands those rights and takes all possible actions to protect them against misuse.

Accuracy of Information
Ezymail Xpress is NOT liable for the accuracy of any information or for the misuse of information supplied in any form.

Privacy
Both parties agree to comply with the National Privacy Principles contained in the Privacy Act 1988 in relation to the data and the information contained within it.

Further Conditions
Licensee agrees to:

(a) Notify Ezymail Xpress immediately upon becoming aware that certain names and addresses of businesses contained within the List wish to be deleted from the List

(b) Take all reasonable steps to ensure that List provided by Ezymail Xpress is NOT appended to or used to enhance any other mailing list or database

(c) Whether arising directly or indirectly from the Licensee's use of the data provided by Ezymail Xpress, Licensee agrees to indemnify and keep indemnified Ezymail Xpress, its employees, agents and contractors against any claim, action, demand or damage

(d) In respect of any failure of Ezymail Xpress to perform, agrees to forgo any rights the Licensee might otherwise have had against Ezymail Xpress, whether the failure was due to factors beyond Ezymail Xpress’s control or not

(e) In case of breach of these terms by Licensee agrees to pay damages to Ezymail Xpress with all legal costs incurred by Ezymail Xpress in enforcing these Terms (on an indemnity basis); and

(f) Not demand a refund, or a return of the license fee, if the Licensee cancels these terms and conditions at any time. The license fee is non-refundable.

Breach of Agreement
The parties further agree that:

(a) Any use of the provided list other than in accordance with these Terms and Conditions constitutes a breach of these Terms and Conditions and could cause significant damage to Ezymail Xpress and its business;

(b) Should any provision of these Terms and Conditions be found to be invalid or unenforceable by a Court of competent jurisdiction, this finding will not have any effect on the validity on the remaining provisions of the Terms and Conditions;

(c) Except as expressly set forth in these Terms and Conditions, no warranties expressed or implied are made in respect to the List and all implied warranties or representations, to the fullest extent permitted by law, are expressly denied.

Governing Law
These Terms and Conditions are subject to the laws of Victoria and each of the parties herein submits to the non exclusive jurisdiction of the Courts of that State irrespective of any dispute arising under these Terms and Conditions.

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Ezymail Xpress Pty Ltd - Terms & Conditions of Trade

1. Definitions
1.1 "Seller" shall mean Ezymail Xpress Pty Ltd and its successors and assigns.
1.2 "Buyer" shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer. Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
1.3 "Guarantor" means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer if a Limited Liability Buyer on a principal debtor basis.
1.4 "Goods" shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5 "Services" shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Services as defined supra).
1.6 "Price" shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract. 2. Acceptance
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer's acceptance of Services and/or Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.3 None of the Seller's agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
3. Goods
3.1 The Goods shall be as described on the invoices, quotation, work authorisation, sales order or any other work commencement forms as provided by the Seller to the Buyer.
4. Price And Payment
4.1 At the Seller's sole discretion;
(a) The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b) The Price shall be the Seller's current price at the date of delivery of the Goods according to the Sellers current Price list; or
(c) The Price of the Goods shall, subject to clause 4.2, be the Sellers quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Sellers quotation within thirty (30) days.
4.2 Any variation from the plan of scheduled works or specifications, will be charged for on the basis of the Seller's quotation and will be shown as extras on the invoice. Payment for all extras must be made in full at their time of completion.
4.3 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods/Service.
4.4 The Seller may withhold delivery of the Goods until the Buyer has paid for them, in which event payment shall be made before the delivery date.
4.5 At the Seller's sole discretion, payment for approved Buyers shall be due on seven (7) days from the date of the invoice.
4.6 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card (plus any charges that maybe applicable), or by direct debit or by any other method as agreed to between the Buyer and the Seller.
4.7 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
5. Delivery Of Goods / Services
5.1 Delivery of the Goods shall be made to the Buyer's address, but the Seller accepts no responsibility for loss of goods. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Sellers address.
5.2 Delivery of the Goods to a Seller, either named by the Buyer or failing such naming to a Seller at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the Goods to the Buyer.
5.3 Delivery of the Goods to a carrier, either named by the Buyer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the Goods to the Buyer.
5.4 Where there is no agreement that the Seller shall send the Goods to the Buyer, delivery to a carrier at limited carrier's risk at the expense of the Buyer is deemed to be delivery to the Buyer.
5.5 The Seller may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
5.6 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
5.7 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that;
(a) such discrepancy in quantity shall not exceed 10%, and
(b) the Price shall be adjusted pro rata to the discrepancy.
5.8 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.9 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
6. Risk
6.1 If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods.
This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by the Seller is sufficient evidence of the Seller's rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
7. Buyers Disclaimer
7.1 The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Buyer and shall not be transferable to any subsequent Buyer.
8. Defects/Returns
8.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
8.2 For defective Goods which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that:
(a) the Buyer has complied with the provisions of clause 9.1;
(b) the Goods are returned at the Buyers cost within seven (7) days of the delivery date;
(c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;
(d) the Goods are returned in the condition in which they were delivered and with all packaging material in as new condition as is reasonably possible in the circumstances.
8.3 The Seller may (in its discretion) accept the Goods for credit but this may incur a handling fee of 10% of the value of the returned Goods plus any freight.
9. Warranty
9.1 For Goods not manufactured by the Seller the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability
whatsoever except for the express conditions as detailed and stipulated in the manufacturers warranty.
10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
10.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading
Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
11. Intellectual Property
11.1 Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.
11.2 Conversely, in such a situation, where the Buyer has supplied drawings, the Seller in its sale conditions may look for an indemnity (the specifications and design of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller).
11.3 Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.
12. Default & Consequences Of Default
12.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 3% per calendar month and shall accrue at such
a rate after as well as before any judgement.
12.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a
solicitor and own Buyer basis and in addition all of EC Credit Control Pty Ltd’s costs of collection.
12.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may
suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or
damage the Buyer suffers because the Seller exercised its rights under this clause.
12.4 If any account remains unpaid at the end of the second month after supply of the Goods or services the following shall apply: An immediate amount of the greater of $20.00
or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.
12.5 In the event that:
(a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its
creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Seller’s other remedies at law (i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
(ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.
13. Title
13.1 It is the intention of the seller and agreed by the Buyer that property in the Goods shall not pass until
(a) The Buyer has paid all amounts owing for the particular Goods, and
(b) The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until the Seller shall have received payment and all other obligations of the Buyer are met.
13.2 It is further agreed that:
(a) The Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller.
(b) Until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the
Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease.
(c) If the Buyer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Buyer, or
any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods, without being responsible for any damage thereby caused.
(d) Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership of rights in respect of the Goods shall continue.
(e) The Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller.
(f) The Seller may require payment of the Price or the balance of the Price due together with any other amounts due from the Buyer to the Seller arising out of these terms and
conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.
(g) The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.
(h) Until such time the Buyer has the Seller’s authority to convert the goods into other products and if the goods are so converted, the parties agree that the Seller will be the
owner of the end products.
14. Security And Charge
14.1 Notwithstanding anything to the contrary contained herein or any other rights which the Seller may have howsoever:
(a) Where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) Should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own Buyer basis.
(c) To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof the Buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint
the Seller or the Seller’s nominee, namely EC Credit Control Pty Limited as the Buyer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Seller and/or EC Credit Control Pty Limited shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Buyer and/or the Guarantor in any land, realty or asset in favour of the Seller and in the Buyer’s and/or Guarantor’s name as may be necessary to secure the said Buyer’s and/or Guarantor’s obligations and indebtedness to the Seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Seller’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.
15. Cancellation
15.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
15.2 At the Sellers sole discretion the Buyer may cancel delivery of Goods and/or Services. In the event that the Buyer cancels delivery of Goods and/or Services the Buyer shall be liable for any costs incurred by the Seller up to the time of cancellation.
16. Privacy Act 1988
16.1 The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.
16.2 The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a) To assess an application by Buyer;
(b) To notify other credit providers of a default by the Buyer;
(c) To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and
(d) To assess the credit worthiness of Buyer and/or Guarantor/s.
16.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
(a) provision of Services & Goods;
(b) marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods;
(c) analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to provision of Services/Goods;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and
(e) enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Services and Goods.
16.5 The Seller may give, information about the Buyer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Buyer; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
17. Unpaid Sellers Rights To Dispose Of Goods
17.1 In the event that:
(a) the Seller retains possession or control of the Goods; and
(b) payment of the Price is due to the Seller; and
(c) the Seller has made demand in writing of the Buyer for payment of the Price in terms of this contract; and
(d) the Seller has not received the Price of the Goods,
then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal. 18. Lien & Stoppage in Transit
18.1 Where the Seller has not received or been tendered the whole of the price, or the payment has been dishonoured, the Seller shall have:
(a) a lien on the goods;
(b) the right to retain them for the price while the Seller is in possession of them;
(c) a right of stopping the goods in transit whether or not delivery has been made or ownership has passed; and
(d) a right of resale,
(e) the foregoing right of disposal,
provided that the lien of the Seller shall continue despite the commencement of proceedings or judgement for the price having been obtained.
19. General
19.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 All Services/Goods supplied by the Seller are subject to the laws of Victoria and the Seller takes no responsibility for changes in the law which affect the Services/Goods supplied.
19.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
19.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
19.5 The Buyer shall not set off against the Price amounts due from the Seller.
19.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
19.7 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Buyer of such change.
19.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of.

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Ezymail Xpress Pty Ltd - Privacy Policy

We respect your personal information and your right to privacy At Ezymail Xpress, protecting your privacy and the confidentiality of your "personal information" is very important to us and is fundamental to the way we serve you.

Personal information means information or an opinion (including information or an opinion forming part of a database) we hold about you from which we can determine your identity. For example, we may collect and use your name and address details when you acquire or use particular Ezymail Xpress products or services. Collecting and using this personal information ensures we can deliver our services to you as efficiently as possible.

At Ezymail Xpress, we know that giving your personal information to us imposes a serious responsibility upon us.

We are committed to protecting your personal information. Where your personal information may be disclosed, and to the extent that we can, we believe in giving you a choice as to whom we may disclose your personal information, who may use your personal information and how that personal information may be used.

We believe that our Privacy Policy complies with the requirements of the Privacy Act 1988. How we collect your personal information Generally, Ezymail Xpress will collect personal information directly from you, and only to the extent necessary to provide one of our product or service or to carry out our internal administrative operations. For example, we may collect personal information from you when you fill in an application form, deal with us over the telephone, ask us to contact you after visiting our web site or have contact with us in person.

We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.

The type of personal information we may collect from you generally comprises name, address, contact details (including phone, fax and e-mail) and information collected as a result of you using or acquiring particular Ezymail Xpress products or services. How we use and disclose your personal information Generally, we collect your personal information in order to provide you with, or give you access to, a particular Ezymail Xpress product or service.

The personal information we collect from you ultimately allows us to provide you with better customer service.

We may also use or disclose your personal information for purposes related or ancillary to the main purpose for which we collect it and where such use or disclosure would be reasonably expected by you. Some examples are:

Also, we sometimes outsource some of our internal functions and activities to other companies. In the course of doing this, we may disclose your personal information, such as name and address details, to enable the service provider to undertake that particular function.

Our Privacy Policy requires that confidentiality agreements be in place specifically prohibiting these service providers from using or disclosing your personal information for any purpose other than the reason it was provided to them.

Occasionally, we may also collect, use or disclose your personal information for the secondary purpose of facilitating the distribution of marketing materials to you by us or a third party. We will not do this if you ask us not to do so.

There are other situations where we are compelled by law to disclose your personal information. For instance, under certain circumstances we may be compelled to provide your personal information to law enforcement agencies, the Australian Electoral Office, the Department of Family Services or the Australian Taxation Office.

Our duty of confidentiality and your consent We have a duty to keep confidential all personal information we hold about you.

Generally, our duty of confidentiality applies except where disclosure of your personal information is:

You imply consent where we may reasonably conclude that you have given consent by the actions you take or do not take. For example, where you acquire or use an Ezymail Xpress product or service, you consent to Ezymail Xpress storing, using, maintaining and disclosing your personal information to the extent necessary for us to provide that particular Ezymail Xpress product or service to you.

If you do not consent to certain uses of your personal information we may not be able to provide that particular Ezymail Xpress product or service to you. Direct marketing and your privacy From time to time we may use the personal information we collect from you to identify particular Ezymail Xpress products and services which we believe may be of interest and benefit to you. We may then contact you to let you know about these products and services and how they may benefit you.

If you do not wish to receive direct marketing information from Ezymail Xpress, please tell us. Quality, accuracy and correction of your personal information If we have accurate personal information about you, it enables us to provide you with the best possible service.

Ezymail Xpress takes reasonable steps to ensure the personal information we collect, use and disclose is accurate, complete and up-to-date.

If you find that the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately and we will take reasonable steps to ensure it is corrected.

Where Ezymail Xpress does not agree with your view about the accuracy of the information and if you ask us to do so, we will take reasonable steps to note your claim where that information is stored and accessed. Security of your personal information Ezymail Xpress takes reasonable steps to protect your personal information from loss, misuse, unauthorised disclosure or destruction. Ezymail Xpress has in place generally accepted standards of technology and operational security in order to keep your personal information safe. Cookies A "cookie" is a packet of information that allows the Ezymail Xpress server (the computer that houses our web site) to identify and interact more effectively with your computer.

When you access our web site, we send you a "temporary cookie" that gives you a unique identification number. A different identification number is sent each time you use our web site. Cookies do not identify individual users, although they do identify a user's internet browser type and your Internet Service Provider.

Our cookie allows us to keep track of the pages you have accessed while visiting our web site. It also allows you to page back and forwards through our web site and return to pages you have already visited without having to bother about logging on to our home page again.

You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser's instructions or help screens to learn more about these functions.

Shortly after you end your interaction with our web site, the cookie expires or "crumbles". This means it no longer exists on your computer and therefore cannot be used for further identification or access to your computer. Information logged on our web site

When you visit the Ezymail Xpress web site, our server logs the following information which is provided by your browser for statistical purposes only:

All of this information is used by Ezymail Xpress for aggregated statistical analyses or systems administration purposes only. No attempt will be made to identify users or their browsing activities, except where required by or under law. Links to other sites The Ezymail Xpress site contains links to other sites. In addition, some of the content appearing on the Ezymail Xpress web site may be supplied by third parties, for example, by framing third party web sites or the incorporation through "framesets" of content supplied by third party servers.

While Ezymail Xpress will always endeavour to engage in business arrangements with commercial entities of good repute and ethical business practices, we are ultimately not responsible for the privacy practices or the content of such web sites. However, our contractual arrangements with these parties seek to ensure that an equivalent level of privacy protection is afforded to you. We encourage you to read and understand the privacy policies on those web sites prior to providing any information to them. Access to your personal information Ezymail Xpress will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information held by us. However, we ask that you identify, as clearly as possible, the type/s of information requested.

Ezymail Xpress will deal with your request to provide access to your personal information in a reasonable time - usually within 30 days of receipt of your request.

We will not charge you for lodging such a request but we may recover from you our reasonable costs incurred in supplying you with access to this information.

In certain circumstances, the law permits us to refuse your request to provide you with access to your personal information. Factors affecting your right to access include where:

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