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Terms and Conditions for Supply of TridentList Services

These terms and conditions apply in relation to the supply of the on-line TridentList mailing list management services (“TridentList Service”) by Trident Software Pty Ltd. ABN 73 092 435 231 of 2 / 736 Waverley Rd, Glen Waverley, Victoria 3150 Australia (“Trident Software”). In registering for the TridentList Service you, the Client, agree to be bound by these terms and conditions. Please read the terms and conditions carefully before completing the on-line registration.

1. Terminology

1.1 “Charges ” means the fees and charges payable by the Client to Trident Software for access and use of the TridentList Service and any other goods and services provided by Trident Software.

1.2 “TridentList Service ” means the on-line TridentList mailing list management service provided by Trident Software, which provides the Client with an automated opt-in e-mail mailing management system.

1.3 “TridentList System ” means the on-line TridentList mailing list management system which includes the TridentList computer software, as upgraded by Trident Software from time to time.

1.4 “The Agreement” means the agreement between Trident Software and the Client for the supply of TridentList Services and incorporates these terms and conditions, as amended from time to time.

2. Changes to these terms and conditions

2.1 Trident Software reserves the right to amend or change these terms and conditions from time to time. The amendments or changes will be effective 30 days from the date that the Client is given notification by email or notification is posted on this website.

3. Registration and Access to TridentList Service

3.1 In order for the Client to access the TridentList Service, the Client must complete the registration details on this website and pay the prescribed Charges.

3.2 Upon registration and payment of the prescribed Charges for the TridlentList Service, Trident Software will establish a web-based administration account for the Client, which may only be accessed with a log-in identification and password. The initial log-in password will be provided by Trident Software. The Client may change its log-in password for the TridentList Service.

3.3 The Client is responsible for maintaining the secrecy and confidentiality of all log-in identification and password provided by the Client to access the TridentList Service.

3.4 The Client agrees not to disclose to any other person, corporation, entity or organisation any log-in identification and password, whether in use or not, nor any other confidential information relating to the TridentList Service or Trident Software.

3.5 The Client is liable for all fees resulting from use of the TridentList Service accessed through the Client’s log-in identification and password, whether authorised by the Client or not. Disclosure or loss of log-in identification and/or password that results in the incurring of fees or misuse of the TridentList Service is the Client’s responsibility and any such occurrences should be immediately communicated to Trident Software. The Charges presented in the Client’s Administration Account by Trident Software shall be deemed to be correct and prima facie evidence of all connection, access usage and other fees contained therein.

3.6 Trident Software will erase the Client’s log-in identification and password within 7 days of the termination of these terms and conditions or after a written request to do so from the Client.

3.7 Trident Software reserves the right to terminate the Client’s registration anytime if the Client breaches the terms and conditions contained in this section.

3.8 Trident Software may monitor and log any and all of Client's activity involving the TridentList system.

4. Use of Tridentlist Service

4.1 In order for the Client to use the TridentList Service, the Client must follow the instructions and directions provided by Trident Software in the Client’s Account Management Interface. The Client must include removal (unsubscribe) instructions in a conspicuous place in every email sent through the TridentList Service in accordance with guidelines, instructions and documentation published on the TridentList website.

4.2 The Client acknowledges that Trident Software does not edit or control the content and form or any information, data or material accessed or transmitted through the TridentList Service and Trident Software shall not be held responsible in any way for any content or information accessed or transmitted via the TridentList Service on behalf of the Client.

4.3 The Client shall ensure that the content and form of all information, data or material supplied by the Client for transmission to the Client’s subscribers using the TridentList Service does not contain computer worms or virus, offensive, obscene, pornographic, adult orientated, indecent, threatening, discriminatory or defamatory material or information, data or material which is otherwise illegal or a contravention of any applicable law.

4.4 The Client will not access or use, nor permit any other party to access or use, the TridentList Service for any purpose or activity of an illegal, fraudulent or defamatory nature.

4.5 The Client may not use or access the TridentList Service for spamming or the bulk transmissions of unsolicited email. Unsolicited email includes any electronic mail, which is not requested by the recipient but does not include electronic mail, which is of a contractual, operational, or other service-related customer notice.

4.6 The Client will not act on or through the TridentList Service so as to interfere with or disrupt Internet users, service providers, their computers, software or hardware. Such actions include, but are not limited to spamming, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, using the TridentList Service to make any unauthorised access of any other computer accessible via the TridentList Service, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the placement, transmission or storage of any defamatory material on the Internet.

4.7 The Client will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information, data or material accessed through or received from the TridentList Service that would be an infringement of any copyright, patent, trademark, design or other intellectual property right.

4.8 Trident Software reserves the right to filter information, data or material, which is supplied to it by the Client for access or transmission using the TridentList Service and to reject any information, data or material which does not comply with these terms and conditions.

4.9 The Client will maintain sufficient data storage capacity for the Client’s data including electronic messages accessed or transmitted using the TridentList Service.

4.10 Trident Software has no responsibility to provide training in the use of the TridentList Service.

4.11 The Client may use automated TridentList facilities to request a subscription to one of Client's mailing lists on behalf of another person but only provided the person has explicitly asked the Client to subscribe him/her to the mailing list no more than 20 business days prior to Client making the request.

5. Withdrawal or Suspension of Access

5.1 Trident Software is entitled to immediately, and without notice to the Client, withdraw or suspend the Client’s access to the TridentList Service if:

(a) The Client fails to comply with any provision of these terms and conditions concerning the payment of any Charges including without limitation, any fees relevant to the usage of the TridentList Service by the Client;

(b) The Agreement is terminated for any reason;

(c) The Client misuses the TridentList Service or fails to comply with the Client’s obligations as to the access and use of the TridentList Service as specified in these terms and conditions.

5.2 Nothing contained in this section effects or limits Trident Software’s rights to terminate the Agreement in accordance with clause 6.

6. Termination

6.1 The Client may terminate the Agreement at anytime without cause by giving Trident Software seven (7) days notice by email, in which case the Client shall not be entitled to a refund of any prepaid fees which have not been used by the Client at the date of termination.

6.2 Trident Software may terminate the Agreement at anytime without cause by giving the Client seven (7) days notice by email, in which case Trident Software will refund to the Client any prepaid fees which have not been used by the Client at the date of termination.

6.3 Trident Software may terminate the Agreement by giving notice by email if:

(a) The Client fails to comply with any provision of these terms and conditions concerning the payment of any Charges including without limitation, any fees relevant to the usage of the TridentList Service by the Client;

(b) The Client misuses the TridentList Service; or

(c) The Client fails to comply with the Client’s obligations as to the use and access of the TridentList Service as specified in these terms and conditions.

6.4 If the Agreement is terminated by Trident Software pursuant to clause 6.3, Trident Software shall be entitled to retain all prepaid fees which have not been used by the Client at the date of termination.

7. Client’s Account

7.1 The Client may access its account via the client account management interface on the TridentList website. If the Client’s pre-payment of Charges reaches a negative balance, Trident Software may in its sole discretion suspend the account and the Client’s access to the TridentList Service. If the Client’s account or access to the TridentList Service has been suspended, subscription requests from the Client’s subscribers will be rejected and the Client will not be able to access the account management interface.

7.2 The Client may reactivate any suspended account or access by following the Billing Procedures set out in the TridentList website.

8. Charges

8.1 The Client shall pay the Charges for the TridentList Service in accordance with the Price Schedule and Billing Procedure posted on the TridentList web site.

8.2 Trident Software has the right to vary or change the TridentList Price Schedule and Billing Procedure from time to time and shall give the Client 30 days notice by email of any variations or changes.

8.3 All payments for the TridentList Service are final and non-refundable unless Trident Software is required to provide a refund by any applicable law.

8.4 If payment is to be made by credit card, the Client agrees to pay the Charges via the credit card, which shall be debited automatically. If the credit card number expires or Trident Software is otherwise not able to debit valid fees to this credit card number, Trident Software may immediately and without notice withdraw the Client’s access to the TridentList Service.

8.5 If payment is to be made by cheque, cash, postal note or electronic funds transfer, such payment must be made in advance of usage of the TridentList Service.

8.6 The Charges are exclusive of taxes (including goods and services tax), duties and charges imposed or levied in Australia or overseas in connection with the supply of the TridentList Service or any other goods or services supplied under the Agreement.

8.7 The Client shall be liable for all taxes (including goods and services tax), duties or charges imposed in respect of the supply of the TridentList Service or any other goods or services supplied under the Agreement.

9. Trident’s Links to Other Websites.

9.1 This website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained.

9.2 Trident Software is not responsible for the content or privacy practices associated with linked websites.

9.3 Trident Software’s links with linked websites should not be construed as an endorsement, approval, affiliation or recommendation by Trident Software of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

10. Security of Information

10.1 No data transmission over the Internet can be guaranteed as totally secure. Trident Software does not warrant and cannot ensure the security of any information, data or material which the Client transmits to Trident Software or any information, data or material that is transmitted using the TridentList Service. Accordingly, any information, data or material which the Client transmits to Trident Software is transmitted at the Client’s own risk.

10.2 Trident Software recommends that the Client use encryption Software for transmission of any information, which it considers to be confidential.

11. Privacy Policy

11.1 Trident Software’s Privacy Policy is contained on this website. Trident Software undertakes to comply with its Privacy Policy in handling any personal information which may be disclosed to Trident Software by the Client in order to provide the TridentList Service.

12. Intellectual Property

12.1 Trident Software is the owner of the TridentList System and the intellectual property rights therein throughout the world.

13. Limited Warranties

13.1 Trident Software provides no warranties in relation to the TridentList Service.

13.2 Except where conditions or warranties are implied into these terms and conditions by the Trade Practices Act 1974(Cth), other similar laws of the States and Territories of the Commonwealth of Australia or any other applicable laws and such implied conditions or warranties cannot be excluded, Trident Software excludes all implied conditions and warranties, including warranties with respect to merchantability, fitness for particular purpose and that services will be rendered with due care and skill.

14. Disclaimers

14.1 Trident Software does not guarantee or warrant continuous availability to the TridentList Service. Where possible Trident Software will notify the Client by email if the TridentList Service is not available for access.

14.2 Trident Software disclaims all liability in relation to the content or form of any Client or Client’s subscribers information, data or material that is transmitted using the TridentList Service that contains computer worms or virus, offensive, obscene, pornographic, adult orientated, indecent, threatening, discriminatory, defamatory material or information, data or material which is otherwise illegal or a contravention of any applicable law.

15. Limitation of Liability

15.1 Where such limitation of liability is not prohibited or avoided by the Trade Practices Act 1974 and similar laws of the Commonwealth of Australia, its States and Territories or any other applicable laws, the liability of Trident Software to Customers or subscribers for:

(a) Breach of any express or implied warranties and conditions;

(b) Any loss or damage (including economic loss and special consequential, incidental or indirect damages); arising out of or in relation to the supply of the TridentLlist Services or any goods or services provided by Trident Software to Customers shall be limited to Trident Software’s option to one or more of the following:

(i) in the case of goods:

(A) the replacement of the goods or the supply of equivalent goods;

(B) the repair of the goods;

(C) the payment of the costs of replacing the goods or of acquiring equivalent goods;

(D) the payment of the costs of having the goods repaired.

(ii) in the case of TridentList Services or other services:

(A) the supplying of the services again; or

(B) the payment of the costs of having the services supplied again.

15.2 Except as provided in clause 15.1, in no event will Trident Software be liable to the Client or Subscriber for any loss or damage (including consequential, incidental, indirect, special loss or damage) which arises out of the use of or inability to use the TridentList Services or any other goods or services supplied by Trident Software or in respect of any failure or omission on the part of Trident Software to comply with theses terms or conditions.

15.3 Clauses 15.1 and 15.2 will survive the termination of the TridentList Service.

16. Indemnity

16.1 The Client shall indemnify Trident Software at all times from all liability, loss, damage, costs and expenses (including legal costs on a solicitor/client basis) arising from all claims, demands, actions and proceedings made against Trident Software:

(a) by the recipient or subscribers of the Client’s information, data or material using the TridentList Service;

(b) in relation to or arising from:

(i) the Client’s failure to comply with these terms and conditions;

(ii) acts or omissions of the Client;

(iii) acts or omissions of the Client’s subscribers or recipients of the Client’s information, data or material.

16.2 This indemnity shall survive the termination of the TridentList Service.

17. Non-Excludable Statutory Rights to Be Retained

17.1 Nothing in these terms and conditions is intended or shall be construed as excluding or modifying any warranties or conditions implied or any rights or remedies conferred on the Client or any liability imposed on Trident Software by the Trade Practices Act 1974(Cth) and similar laws of the States and Territories of the Commonwealth of Australia and any other laws applicable to these terms and conditions with respect to the supply of the TridentList Services and any other goods or services supplied by Trident Software, if the law in question cannot be lawfully modified or excluded.

18. Governing Law

18.1 The laws in force in the State of Victoria, Australia shall govern these terms and conditions.

19. Disputes

19.1 Any dispute arising in connection with these terms and conditions and the supply of the TridentList Service which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators Australia. During such arbitration, both parties may be legally represented.

19.2 Prior to referring a matter to arbitration pursuant to clause 19.1, the parties shall:

(a) refer the dispute to their respective contract managers for consideration;

(b) if the respective contract managers are unable to resolve the dispute after five (5) days (or such other period as is agreed between the parties) from the date of referral, refer the dispute to the respective chief executive officers of each party; and

(c) refer the dispute to mediation.

19.3 Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate court.