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PROSCRIBE TERMS OF USE

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These terms apply to all ProScribe services provided by Halmax Pty Limited (ABN 61 605 725 335) of L1 85 Hutt Street, Adelaide SA 5000 AUSTRALIA (“Halmax”).

Your responsibilities  

You must adhere to ProScribe’s Privacy Policy, which deals with the protection of personal information. By proceeding to register and to use any ProScribe services, you agree that you have read and fully understand your obligations under the Privacy Acts (see Privacy Policy at the bottom of the proscribe.net home page). It is your responsibility to comply with ProScribe's Privacy Policy.

You agree to provide accurate and complete information about you, your company, and authorised contacts when registering to use any Proscribe service, and when applying for a ProScribe merchant account.

As a Merchant, You are responsible for the Information you send. Please ensure that your Information is relevant, and of interest, to your targeted audience. ProScribe does not take responsibility for the content of any information delivered by the ProScribe network. You warrant that the content of all information you submit will be accurate and free of any viruses. You agree not to make any defamatory, obscene or illegal statements which infringe any law, regulations or any industry codes of practice. In particular, you warrant that you comply with ProScribe's SPAM Policy, which deals with the transmission of unwanted material (see Spam Policy at the bottom of the proscribe.net home page).

You authorise ProScribe to distribute your Information to the chosen list(s) of recipients and further permit those recipients to use the Information conveyed to them.

ProScribe's responsibilities

ProScribe will use all reasonable efforts to ensure that your Information is distributed on time according to your on-line instructions. ProScribe, however, does not take responsibility for any errors in transmission or the selection of distribution lists. ProScribe will use all reasonable efforts to ensure that your recipients have expressed an interest in receiving your Information through the ProScribe web site.

ProScribe will give you access to all subscribes, unsubscribes and stored distribution lists, and will provide ProScribe services to you provided that you comply with these Terms of Use. ProScribe is not responsible for any errors in lists created by you. Should you fail to meet the conditions in these Terms of Use, then ProScribe reserves the right to block your access to any of ProScribe’s lists created for you, terminate any distribution of Information, terminate your registration, and retain any fees paid by you.

Limitation of Liability

By becoming a ProScribe Customer, you acknowledge that, to the fullest extent permitted by law that ProScribe will not be liable in any way for the Information transmitted, or the failure to transmit, or any delay in transmission, or failure to provide a broadcast report, however caused. ProScribe 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.

By becoming a ProScribe Customer, you agree to indemnify Halmax against any loss, liability or expense arising from any loss in connection with the use of any ProScribe service. You also agree that to the fullest extent permitted by the law all expressed and implied terms and conditions other than those set out on the ProScribe website are excluded.

Payment

ProScribe 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. ProScribe will invoice by the 7th day of each month. If payment is not made on time, ProScribe reserves the right to apply a late payment fee to your account in the amount of 1% of the balance due each month that payment is late.
2. Pre-payment of Account for 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 ProScribe services for Monthly Account Customers. Pre-payment Account Customers have full access to use their credit for up to 6 months. Any unused credit remaining in your account after 6 months may be forfeited unless you advise us of your intent to use the credit within a further 6 months’ time. Any credit remaining after 12 months will be forfeited.

General Conditions

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

If ProScribe 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 ProScribe will give you 30 days’ notice of termination of service. If ProScribe terminates your account for this reason, then ProScribe will refund the balance of any unused credit up to the termination date.

If you are a ProScribe Monthly Account Customer and do not pay ProScribe in accordance with the payment terms, ProScribe may terminate all services until all arrears are paid.

Any ProScribe 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.

Copyright

Halmax owns the authorship contained in the website http://www.proscribe.net. This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sublicense, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of Halmax. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.

Links to the ProScribe web site

Hypertext links to the ProScribe web site, http://www.proscribe.net, are permitted as long as they are only text links marked "ProScribe", point to the home page, and that the appearance of the link does not denigrate ProScribe, Halmax, the site http://www.proscribe.net, or the logo of ProScribe or Halmax.

Disclaimer

Halmax 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.

Applicable Law

Halmax's rights under these Terms of Use are in addition to any other rights provided by law. This web site and these Terms of Use are governed by the laws in the State of South Australia, Australia. Halmax reserves the right to make changes to its web site and these Terms of Use at any time. Your continued use and access to this web site after any changes constitutes acceptance of the revisions.

Contact Information

PO Box 7190, Hutt Street, Adelaide SA 5000, Australia
info@proscribe.net

LAST UPDATED: 27 November 2015