Westlogic Communicator Terms of Use

Through Westlogic (the “Services”) Communicator (“Westlogic Communicator”) provides web site operators and other individuals a variety of tools and resources to create, launch and manage online e-mail transmissions for specific forms of strata title communications such as notices, meeting agenda, meeting minutes and newsletter-style documents. This service may not be used for the sending of unsolicited e-mail (sometimes called “spam”). By checking the “I have read and accept Westlogic’s Terms of Use.” box on the Free Trial sign up page or use via paid subscription, you accept these terms and conditions.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by Westlogic, and any guidelines, rules or operating policies that Westlogic may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the Westlogic Communicator web site, or otherwise providing notice to you, Westlogic may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

1.3 The Services enable strata managers, property manager and designed strata title representatives to create and execute online e-mail transmissions for specific forms of strata title communications such as notices, meeting agenda, meeting minutes and newsletter-style documents with registered recipients.

1.4 Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by Westlogic Communicator. Normal Westlogic Communicator accounts allow you to send an unlimited number of e-mail messages. The total KiloByte data transfer of each message can be no more than 4000Kb.

1.5 All subscription prices are subject to change at any time except where payment has been made in advance covering a specific subscription period. All fees paid to Westlogic for Communicator are non-refundable, unless an account is terminated by Westlogic for a reason other than violation of Terms of Use. Payment for Services will be made by electronic deposit or bank queue payable to ‘Westlogic’, unless other payment arrangements have been made between you and an authorized Westlogic representative. Fees are payable in Australian dollars. If Westlogic is for any reason unable to receive payment you will be notified via e-mail.

1.6 You must complete the registration form on the sign-up page in order to use the Services. Your account activation may take up to 24 hours pending approval of the data provided. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your Westlogic Communicator account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Westlogic reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.7 It is understood that Westlogic makes no guarantee that HTML messages will be rendered properly on all recipients’ e-mail programs, due to the wide variety of HTML generation tools available. Westlogic Communicator makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results Westlogic recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the Services and the “Westlogic” and “Communicator” company names and logos and all related product and service names, design marks and slogans, are the property of Westlogic (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Westlogic Communicator. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Westlogic.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless Westlogic against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Westlogic Communicator has no obligation to monitor the content provided by you or your use of the Services, Westlogic may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Westlogic Communicator. Westlogic may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

2.6 Westlogic will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Westlogic will not use your customer information for the purpose of sending unsolicited commercial e-mail.

2.7 You will adopt and maintain the Privacy Policy, which may be modified by Westlogic from time to time.

2.8 You may not use Westlogic Communicator to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns

2.9 You may not use Westlogic Communicator to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

3. Termination

3.1 You may terminate this Agreement at any time by sending an e-mail message to accounts@westlogic.com.au or by sending written notice to Westlogic, Suite 151/398 Pitt Street Sydney NSW 2000, Australia. Correspondence must include your first name, last name, and Westlogic Communicator username. No refunds will be issued if you terminate this agreement.

3.2 Westlogic Communicator may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Westlogic shall have no liability to you or any third party because of such termination. If Westlogic terminates this agreement because you violated the Terms and Conditions of use, no refund will be issued.

3.3 Upon cancellation or termination of this Agreement, Westlogic can (if requested) provide you with electronic softcopy of your content and any relevant attachments within 30 days after the date of termination.

3.4 Westlogic may delete any of your archived data after 30 days of the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

3.5 If you do not log into your account for more than 365 days, the account will become inactive. When an account is classified (at Westlogic’s sole discretion) as inactive, Westlogic will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE COMMUNICATOR DATABASE.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Westlogic Communicator DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND Westlogic Communicator DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Westlogic to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Westlogic OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “Westlogic Communicator “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Westlogic SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Westlogic IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Westlogic TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Export of Services or Technical Data

You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia or any other applicable country.

7. Miscellaneous

7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

7.2 Westlogic and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Westlogic in any respect whatsoever.

7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

7.5 The Agreement shall be governed by the laws of the State of NSW Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.

8. System Requirements

It is understood that in order to use Westlogic Communicator, a personal computer/server with Internet Explorer 7.0, Safari 3, Firefox 3 or higher must be used. Additionally, a stable connection to the Internet is required. Westlogic Communicator may work in a limited manner on Unix and other platforms, but there is no guarantee of functionality on non-Windows or Apple OSX platforms. Additionally, Westlogic Communicator may work in a limited manner on other standards compliant 3rd party internet browsers or mobile internet devices, but there is no guarantee of full functionality on web browsers other than Internet Explorer 7.0, Safari 3, Firefox 3 or higher.

9. Compliance rules for sending e-mail

All Westlogic Communicator customers must follow the rules of the CAN-SPAM act when sending e-mail through the Service. This will help ensure that Westlogic Communicator maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as SPAM, Westlogic reserves the right to cancel your account without notice.

10. Email and Permission Practices

10.1 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Westlogic if you have questions).

10.2 You cannot mail to distribution lists, newsgroups, or spam email addresses.

10.3 You are responsible for monitoring, correcting, processing unsubscribe requests from recipients within 10 days, and updating the email addresses to which messages are sent through your Westlogic Communicator account.

10.4 Emails that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Westlogic, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

10.5 Westlogic, at its own discretion, may immediately disable your access without refund to the Services if Westlogic believes in its sole discretion that you have violated any of the email and permission practices listed above.