Summary of Key Member Terms and Conditions

This is a summary for your general information and convenience only. You must not rely on it when registering to use, and using, (the "Website") and Power Port's services (the "Services"). You must read and understand the full Customer Terms and Conditions first and at all times. The full Customer Terms and Conditions (not this Summary) form the basis of your contract with Power Port and govern your use of the Website and the Services.

The full Customer Terms and Conditions are available on this page as a download file in PDF format. Simply right on this link and choose "save target as". This will then prompt you for a folder on your computer where the file will be saved.

  1. Registration Form: You must complete and submit the Registration Form on the Website in order to use the Services.
  2. Payment of Service Fees: You must pay the Service Fees in order to use the Website and receive the Services. The full Customer Terms and Conditions outline the terms and manner of payment and the amount of all Services Fees. All Services Fees charged may be increased by 10% for GST.
  3. Security of account, passwords etc: 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.
  4. Ordinary course of business only: The Services must be used for lawful and internal business (which includes civic or charitable) purposes only and solely in the ordinary course of your business.
  5. No spam: You must not use the Services to send unsolicited email (ie "spam" or "junk mail"). You must not access or use third-party mailing lists; you must compile your own mailing lists from your own nominated borrowers. You must not use the Services to send email to non-existent email addresses. You must not upload any mailing list or data to the Website if you believe or suspect that it contains fictitious names or contact information, or that any email address does not exist or is not operational. You must not use email address-harvesting software, nor any email addresses obtained from a supplier which used or uses email address-harvesting software. You must not send any emails to distribution lists, newsgroups or spam email addresses.
  6. Consents and authorisations: You must not use the Services unless you have obtained and hold all necessary governmental, judicial and third party consents and approvals (including those required by any lender, mortgage manager, mortgage originator, or insurer), whether required under contract or otherwise. You must only upload and use personal information about third parties after obtaining their express consent to the use of their details for the receipt of email newsletters using the Services (ie you must only use "permission-based mailing lists"). You must not use any list of persons that has been purchased from a third party (often called "purchased lists").
  7. Power Port name and logos: You must not use Power Port's name or trade marks ("Marks") in any advertising, publicity or any other commercial manner without the prior written consent of Power Port. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
  8. Unsubscribe Links: You agree that Power Port will ensure every email message you send in connection with the Services contains an Unsubscribe Link. You must not remove, disable or attempt to remove or disable the Unsubscribe Link. You agree that Power Port will monitor, correct and process unsubscribe requests. You must not directly or indirectly charge or levy a fee or premium, or attach any condition or requirement, to or for the use of any Unsubscribe Link, and you acknowledge that Power Port will not do so.
  9. Monitoring by Power Port: Power Port may monitor any information or content provided by you or your use of the Services, 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 this Agreement.
  10. Protection of your Mailing Lists: Power Port must not use your Mailing List or any other information about your subscribers or customers for any purposes other than those related to the provision of the Services. Power Port must keep that information strictly confidential and must not share or disclose your subscriber or customer information with any other parties unless required by law. All data in any Mailing List whether or not uploaded to the Website is and remains at all times your property.
  11. Restraint of trade: Power Port undertakes not to use any information or data in your Mailing Lists to compete against you except to the extent that your services are similar to the Services. This restraint applies worldwide and on the internet, and while you are registered on the Website and for a period of 36 months after registration ceases.
  12. Privacy Act: You agree to opt in and comply at all times with the terms of the Privacy Act 1988 (Cth) in relation to the way you collect, use and handle personal information about any third party, including without limitation data in any Mailing List used in connection with the Services. Power Port complies with the Privacy Act in the same way.
  13. Power Port Policies: You must adopt and comply at all times with Power Port's Email Privacy Policy and Prohibited Content Policy, which are published on the Website.
  14. Limitation of liability: 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. Power port 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. Power Port excludes to the maximum extent permitted by law all liability for loss and damage, whether direct, indirect, special, incidental or consequential, arising from the use of the Services by you or any related person. If any liability accrues to Power Port, you agree that such liability is limited to the amount you paid for the Services. Your sole and exclusive remedy for any failure or non-performance of the Services is for Power Port to use commercially reasonable efforts to adjust or resupply the Services.

Click here to download a copy of the terms and conditions in PDF format.

powerport terms conditions