|The small print
|L-mail, L-mail.com and
http://www.l-mail.com are trading names of QiQ Communications PTY LTD. QiQ Communications
PTY LTD is registered a registered business in Australia with
a registered address of QiQ Communications PTY LTD, c/o Advantage Partners (NSW) PTY LTD, Suite 6, 174-180 Pacific Highway, North Sydney, 2060. Australia.
The user of the L-Mail service is referred as The Client. The
Client must agree to our terms and conditions prior to placing
an order with L-Mail. These terms and conditions also apply
for orders placed though websites in association with L-mail
directing traffic to this site.
|1.1 We do not review messages or confirm
the validity of information received. We are not responsible
for any letters posted. We do not vouch for or warrant the accuracy,
completeness or usefulness of any message, and are not responsible
for the contents of any message. The messages express the views
of the author of the message, not necessarily the views of L-mail
or any entity associated with us.
1.2 The Client agrees, through use of this service, that they
will not use this service to post any material which is knowingly
false and/or defamatory, inaccurate, abusive, vulgar, hateful,
harassing, obscene, profane, sexually oriented, threatening,
invasive of a person's privacy, or otherwise violating any law.
1.3 The Client agrees to respect and conform with the British
Malicious Communications Act.
1.4 The Client agrees not to post any copyrighted material unless
the copyright is owned by them or by L-Mail.
1.5 Although this service does not review the content of all
messages posted and is not responsible for the content of any
of these messages, L-Mail reserve the right to delete any message
for any or no reason whatsoever. The Client remains solely responsible
for the content of messages, and agrees to indemnify and hold
harmless this service, (the makers of this service and its software),
and their agents with respect to any claim based upon transmission
or delivery of message(s).
1.6 L-mail reserve the right to reveal The Clients identity
(or whatever information we know about The Client) to the authorities
in the event of a formal complaint or legal action arising from
any message posted by The Client.
1.7 L-Mail reserve the right to re-route letters via any location
when operational requirements prevent letters being delivered
from the clients preferred location. The difference in cost
between the original and new location for letter processing
will either credited or debited from the clients account depending
on the price difference.
|2.1 The client will be charged by credit
card, or other methods of money transmission, for the use of
L-mail. Payment will be charged by L-Mail before the service
will be made available. In the event of any failure by The Client
to make payment or arrange a credit card with available credit,
correspondence will not be processed.
2.2 Use of our service implies authorisation to use the credit
card that is being used for this service. Non-authorised use
of a credit card will be considered fraudulent and give us grounds
for the consideration of legal action.
2.3 A credit balance for L-Mail expires 180 days after the last
chargeable use of the L-Mail Credit. Credit balances that are
not used within the said 180 day period will be lost.
|3.1 Renewal of The Agreement and acceptance
of any additional orders shall be at L-Mails sole discretion.
Pricing for any renewal period is subject to change by L-Mail
from time to time. Renewal of the term will be continued automatically,
unless The Client cancels service, in accordance with the Cancellation
Terms. The L-mail service can be withdrawn at anytime without
|4. No Assignment or Resale of Software
|4.1 The Client may not resell, re-use, assign
or transfer any of the images, data or programming code created
for or associated with L-Mail without written consent. Any attempt
to resell, assign or transfer such data shall result in immediate
termination of this contract, without liability to L-Mail.
|5. Limitation of Liability
|5.1 In the event that L-Mail fails to publish
a product line in accordance with the schedule agreed upon pursuant
to this Agreement (or in the event of any other failure, technical
or otherwise, of such product to appear as provided in this
Agreement), the sole liability of L-mail shall be limited to
the purchase price of the transaction.
5.2 In no event shall L-Mail be responsible for any consequential,
special, lost profits or other damages arising from any failure
to timely publish any product in accordance with this Agreement.
Without limiting the foregoing, L-Mail shall have no liability
for any failure or delay resulting from any governmental action,
fire, flood, insurrection, earthquake, power failure, riot,
explosion, embargo, strikes whether legal or illegal, labor
or material shortage, transportation interruption of any kind,
work slowdown or any other condition beyond the control of L-Mail
affecting production or delivery in any manner.
5.3 Clients are joint and severally liable for all letters produced
via an L-Mail account. It is the clients responsibility to keep
passwords, user names and memorable words confidential. The
primary account holder is liable for all costs and expenses
relating to the use of the L-Mail account, including usage by
additional users authorised access to the account by the primary
|6. The Client Representations; Indemnification
|6.1 The Client agrees to indemnify and hold
L-Mail harmless against any and all expenses and losses of any
kind (including, without limitation, any claim of trademark
or copyright infringement, libel, defamation, breach of confidentiality,
false or deceptive advertising or sales practices) and /or any
material of The Client to which users can access through the
|7. Provision of Materials and Information
|7.1 The Client will provide all necessary
materials and information, in accordance with L-Mail's policies
in effect from time to time including (without limitation) the
manner of transmission to L-Mail and the time prior to release
of the service. L-Mail shall not be required to publish any
service that is not received in accordance with such policies.
|8. Client Data
|8.1 Although L-Mail owns the data storage,
databases and all rights to the L-Mail application, we will
never sell or share Client data with any third-parties, or contact
Clients contacts directly. We will also not utilize Client data
in our databases to market to client contacts, advertise to,
or contact them for any other means of profit. We respect the
privacy of our subscribers, and the privacy of their client
8.2 L-Mail.com and QiQ Communications PTY LTD takes the security
and privacy of its systems and its Customer's data very seriously.
In order to do this we utilise both process and technology to
secure such systems and data. Both are under constant review
to ensure we provide a quality service to our Customers.
8.3 Parliament has created specific offences for unauthorised
actions against computer systems and data. L-mail will investigate
any such actions with a view to prosecuting and/or taking civil
proceedings to recover damages against those responsible.
|9. Right to Reject Client
|9.1 All contents of the service are subject
to L-Mail's approval. L-Mail reserves the right to reject or
cancel any client, at any time.
|10. Cancellations & Refunds
10.1 Clients using the L-Mail subscription
service must contact L-Mail before the next billing period
to cancel the service. The Client will not be billed for any
cancellation, and there are no term commitments. No refunds
will be made on services already paid for, and service fees
will not be prorated. Additionally, any setup fees charged
will not be refunded.
10.2 The product being sold is actually a "service". The service
is completed soon after the form has been submitted. For this
reason, refunds are not possible because the service may have
already occurred by the time we are notified. We reasonably
make the assumption that information provided to us is correct
and cannot give refunds for incorrect or obsolete information
or addresses. It is The Clients responsibility to supply a
current and correct address because the information cannot
be validated by L-Mail. Acceptance of The Clients data from
our website does not indicate that information is correct
or valid. Missing data or local spellings and abbreviations
are used entirely at The Clients own risk.
10.3 Orders that are missing vital information or that have
data fields that have become corrupt may not be processed.
Orders that cannot be processed will be deleted. Liability
will be for only the price of the requested transaction. Under
normal circumstance, all orders will be processed regardless
of apparently missing address information. It is impossible
for QiQ Communications PTY LTD, trading as L-Mail to analyse
the validity of any address due to the limitless permutations,
spellings, and abbreviations found throughout the world. QiQ
Communications PTY LTD, trading as L-Mail assumes the user
is aware of the importance of an accurate address and the
use of any postal codes that are available, and is therefore
accepting the risk of no delivery.
10.4 Letters which get returned to L-Mail due to incorrect
or obsolete address information will be discarded, with no
refund. Letters which get lost in the postal system and are
never delivered or returned will not be refunded.
10.5 L-Mail reserves the right of limited censorship. Although
we do not and cannot review all the messages processed by
us, we will not knowingly send text or images of a sexually
inappropriate or unlawful nature. We reserve the right to
cancel The Clients order and refund to their credit card.
Liability will be for only the price of the requested transaction.
As with all automated processes, we can never guarantee that
the content of any letter will be monitored by a data processor
and therefore can never be responsible for the content of
10.6 Refunds will be given at the discretion of the Company
|11.1 No conditions other than those set
forth in this Agreement shall be binding on L-Mail unless expressly
agreed to in writing by L-Mail.
|12.1 Unless otherwise stated, the products
and services featured on this web site are available worldwide,
except where prohibited by law. Provided financial transactions
are conducted by financial agencies recognizable and authorized
by QiQ Communications PTY LTD, trading as L-Mail.
12.2 Product delivery to final destination is not guaranteed.
L-Mail only guarantees delivery to the local Post Office. Delivery
addresses given must be current and proper legal addresses,
recognised by the local postal establishment, or delivery may
not be possible. Service is void where prohibited by political
intervention or international sanctions.
|13.1 L-Mail, is making an "invitation to
treat" as described under Australian Law. The services and products
described by this web site, and L-Mail does not constitute an
"offer". There is no contractual agreement.
13.2 The information on this web site is provided "as is", with
no warranty or representation of any kind, express or implied,
including those of merchantability and fitness for a particular
purpose, or arising from a course of dealing, usage or trade
practice. QiQ Communications PTY LTD trading as L-Mail, is a
Australian Limited Company, has made all reasonable efforts
to ensure that information provided through this web site is
accurate at the time of inclusion, however it accepts no liability
for any inaccuracies or omissions in this web site. The information
available on this site may be incomplete, out of date or inaccurate.
For specific information or confirmation, please email us at:
L-Mail reserves the right to make changes and corrections at
any time without notice. It is a condition of allowing The Client
free access to the material on this web site that L-Mail will
not be liable for any loss or damage of any kind, including
direct, indirect, special and consequential loss or damage of
any kind, arising from the use of this information obtained
either directly or indirectly from this web site.
13.3 L-Mail, is not responsible for the content of any other
organisation's web site whose links are contained within this
site. The inclusion of any such link does not imply an endorsement
by L-Mail, of the linked site.
13.4 L-Mail, is not responsible for the content of any of the
letters produced by its service. The process is highly automated
and relies on the integrity and honesty of its clients. Full
cooperation by L-Mail, will be given to any legal investigation
of criminal activity utilizing our service.
13.5 The above exclusions and limitations apply only to the
extent permitted by law. None of The Clients statutory rights
as a consumer are affected.
|14. Trade Mark and Copyright Notices
|14.1 The L-Mail name and Logo and text are
unregistered trade marks of QiQ Communications PTY LTD, trading
as L-Mail of Australia and other countries. The names of the
goods and services of L-Mail featured on this web site are unregistered
trade marks of QiQ Communications PTY LTD, trading as L-Mail
and its licensors.
14.2 This website is a copyright work of QiQ Communications
PTY LTD, trading as L-Mail. The contents of this web site are
© QiQ Communications PTY LTD, trading as L-Mail and its
licensors 2003 -
|15.1 The Agreement, (i) shall be governed
by and construed in accordance with, the laws of Australia without
giving effect to the principles of conflicts of law; (ii) may
be amended only by a written agreement executed by an authorised
representative of each party; and (iii) constitute the complete
and entire expression of the agreement between the two parties,
and shall supersede any and all other agreements, whether written
or oral, between the parties. If any of these terms are deemed
invalid or unenforceable under applicable law, (including, but
not limited to the warranty disclaimers and liability limitations
set out above) then the invalid or unenforceable provision will
be deemed severed from these terms and the remainder shall continue
to apply. The Client hereby consent to the exclusive jurisdiction
of the Australian courts in all disputes arising out of the
use of this web site.