Website Terms of Use
Thank you for visiting postlever.com (the "Website"), published by PostLever Pty Ltd ACN 701 249 881 of 7 High Street, Victoria Point, Queensland 4165, Australia ("PostLever", "we", "us", or "our"). PostLever is an email deployment and orchestration platform for affiliate senders.
These Terms of Use ("TOU") set out the basis on which we publish this Website and on which you may use what is published here, and the version published at the time of your visit is the one that applies to it. They carry disclaimers and limits on our liability, so please read them. Access to the PostLever application and related services is governed separately by the Terms of Service, which neither incorporates these Terms of Use nor is incorporated by them.
1. Privacy
How we handle personal information, including what this Website and the PostLever application load or set on your device, is described at Section 6 of our Privacy Policy, and our position on children is at Section 17 of it. That policy is a notice of what we actually do rather than a term of these Terms of Use, and nothing here varies it.
2. Changes to the Website and to these Terms of Use
We may change or remove any information, feature or function of the Website, and, acting reasonably, may deny access to it. We may update these Terms of Use, and an updated version applies from the date it is published here.
3. The content of this Website
3.1. What you may do with it. The content of this Website, including text, images, video, data and software, belongs to us or to our licensors. You may view it, download it and reproduce it within your own organisation for your own business purposes, provided every proprietary notice on it stays intact. You may not create derivative works from it, redistribute it outside your organisation, or otherwise exploit it commercially.
3.2. Our name and logo. PostLever, the PostLever logo and our other marks are ours, and nothing here grants you a licence to use them. You may use the PostLever name in plain text to refer to us or to our products accurately, including in news reporting and commentary. Any other use, including press and partner use of the logo, needs our prior written consent.
3.3. Linking. You may link to any page of this Website, provided the link does not suggest an association or endorsement that does not exist and does not present our content as anyone else's. Do not frame our pages within another site.
3.4. Text and data mining and model training. We expressly reserve our rights in the content of this Website against text and data mining and against use of it to train, fine tune or evaluate a machine learning model. No such use is authorised, whether under clause 3.1 or otherwise.
4. Conduct on this Website
You may use this Website for lawful purposes only. You may not:
- Access or attempt to access a restricted area of the Website, or another person's information
- Impersonate any person or entity, or misrepresent your affiliation
- Harvest information about visitors, or collect content or contact information by automated means, except that a crawler operating in accordance with the Website's robots file is permitted
- Use Website content otherwise than as clause 3 permits
- Use the Website to infringe or facilitate infringement of any intellectual property or privacy right
- Introduce malicious code, or interfere with the operation of the Website
- Send unsolicited messages to any person whose details were obtained from the Website
We may withdraw your authorisation to access this Website by notice to you, and access after that notice is unauthorised.
PostLever will not give, sell or otherwise transfer email addresses maintained by this Website to another party for the purposes of initiating, or enabling another person to initiate, commercial electronic mail messages.
5. Material you send us
5.1. We do not accept unsolicited ideas, suggestions, proposals or materials. Anything of that kind you send us is not confidential, creates no obligation of any kind on our part, and need not be considered, acted on, returned or paid for. Where we want a licence in what you send us, we ask for it at the point you send it.
5.2. If you send us material, you agree to indemnify us against any claim by a third party arising from that material, and against any claim arising from your unlawful use of the Website. Your liability under this clause is reduced to the extent that our own act or omission caused or contributed to the loss. We do not ask you to indemnify us for anything else.
6. Disclaimers
6.1. Australian Consumer Law. Nothing in these Terms of Use excludes, restricts or modifies any guarantee, condition, warranty, right or remedy conferred on you by the Australian Consumer Law or by any other law that cannot lawfully be excluded, restricted or modified. To the extent that these Terms of Use would otherwise do so, they are to be read down so that they do not. The disclaimers in this clause 6 and the limits in clause 7 apply only to the extent that the law permits.
6.2. Content. We do not guarantee the accuracy, completeness or reliability of any information on this Website, and we may correct or update it without notice. Nothing published here is advice, and nothing published here is an offer or a commitment in respect of the platform, which is supplied on the Terms of Service.
6.3. Other sites. Where this Website links to a site we do not operate, we do not control it, we are not responsible for it, and the link is not an endorsement of it.
6.4. The Website. SUBJECT TO CLAUSE 6.1, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. Limits on our liability
Subject to clause 6.1, and to the maximum extent permitted by law, we are not liable for indirect, incidental, punitive or consequential damages, or for lost profits, lost data or business interruption, arising from your use of this Website.
8. Copyright claims
8.1. Designated agent. If you believe material on this Website, or material we store or serve at the direction of a customer, infringes your copyright, notify our designated agent. The agent's title, postal address and electronic mail address are:
Compliance Officer
PostLever Pty Ltd ACN 701 249 881
7 High Street,
Victoria Point, Queensland 4165, Australia
Electronic mail:
compliance@postlever.com
17 USC 512(c)(2) requires those details both to be available to the public on our website and to be provided to the United States Copyright Office in a designation filed with it, and nothing in this clause is a representation that we have filed one.
8.2. Section 15 of the Acceptable Use Policy sets out what a notification must contain, the counter notification procedure, and our repeat infringer policy. The same designated agent receives notifications and counter notifications under it.
9. Governing law and forum
These Terms of Use are governed by the laws of Queensland, Australia. You and PostLever submit to the non-exclusive jurisdiction of the courts of Queensland, and we may bring proceedings in any court of competent jurisdiction. Where the law that applies to you prevents a dispute from being resolved in a Queensland court, you may bring that dispute in the courts of the place where you live.
10. General
Our failure to enforce any provision of these Terms of Use is not a waiver of it. If any provision is held invalid, the rest stays in force. To the extent permitted by law, a communication we send you electronically satisfies any legal requirement that the communication be in writing.
Questions about these Terms of Use, requests to use our name or logo, and legal notices go to legal@postlever.com and to PostLever Pty Ltd ACN 701 249 881 of 7 High Street, Victoria Point, Queensland 4165, Australia. Privacy enquiries go to privacy@postlever.com, abuse reports to abuse@postlever.com, and platform questions to support@postlever.com.