Please read these terms carefully before using our services
The following describes the terms on which Mailopoly offers you access to our services.
Welcome to Mailopoly's User Agreement. This Agreement describes the terms and conditions that govern your use of our services at www.mailopoly.com and our other related websites (each a “Site”). Before you may utilise our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and Mailopoly's policies, including its Privacy Policy (the "Policies"). Use of the Site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the Site. The Policies change from time to time and you agree that they form part of this Agreement. Policies of particular importance are the policies relating to: Privacy; Fees and Services, and Fraud. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. In this Agreement, where the context permits, a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
Mailopoly enters into agreements with users to provide email management, productivity, and personal information management software services (the "Service"). Users may register for individual accounts or, in the case of organizations, may register multiple users under a business account.
Some features of the Service require registration. You are solely responsible for maintaining the confidentiality of your Mailopoly account credentials and for all activities that occur under your username, password, or ID. Access to the Service is a privilege, not an entitlement, and Mailopoly may change its services and suspend, terminate, or restrict your account at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies.
Our services are only available to, and may only be used by, individuals who can form legally binding contracts under applicable law. For business accounts, the individual registering the account must have the authority to bind the business entity to this Agreement.
Your usage rights are not transferable. Your Mailopoly account may not be dealt with in any way. In particular, you must not allow others to use it and must not transfer or sell it to another party. You must maintain control of your account and are responsible for all activities that occur on that account. You must report any unauthorized use of your account to us immediately.
3.1 Services
The Service provides automated email management and productivity tools including but not limited to:
3.2 Service Plans and Billing
Access to the Service is provided through subscription plans, which may be billed monthly or annually. Different tiers of service may be available with varying features and capabilities. The specific features available to you will depend on the subscription plan you select.
All fees are payable in advance according to the billing cycle you select. If you choose an annual billing cycle, the full annual fee will be charged at the start of each annual period. For monthly billing, charges will occur at the start of each monthly period.
Subscription fees are non-refundable except where required by applicable law. If you cancel your subscription, you will continue to have access to the Service through the end of your current billing period.
3.3 Changes to Fees and Services
Like all Policies, we may change our subscription plans, features, and fees from time to time. Changes to fees will be effective at the start of the next billing period following the change. If we introduce new optional features or services, the fees for those new features or services will be effective upon launch. Unless otherwise stated, all fees are quoted in US Dollars.
3.4 Business Accounts
For business accounts with multiple users, pricing will be based on the number of user accounts and the selected service tier. The account owner is responsible for managing user access and will be billed for all user accounts under their management.
Without limiting any other remedies available to Mailopoly at law, in equity or under this Agreement, Mailopoly may, in its sole discretion, suspend or terminate your registration if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against Mailopoly in respect of any such suspension or termination of your registration.
This applies particularly to Personal Information, as outlined in Section 5 below. Each User warrants that the Personal Information they enter or upload onto our Site is accurate and complete in all respects and is not misleading in any way.
5.1 Definition. "Personal Information" means identification information requested in relation to the registration of a User or Authorised User, which includes but is not limited to: personal login information; contact information – including your name, address, drivers license, mobile phone number; industry ticket information - and company information - including the company or business name, address and Australian Business Number and/or Australian Company Number.
5.2 Personal Information must be accurate to the best of your knowledge. You agree that if at any time your Personal Information changes, or you become aware of an inaccuracy in your Personal Information that you will notify Mailopoly immediately and update that Personal Information as soon as practicable.
5.3 Personal Information must not, in any way whatsoever, be potentially or actually harmful to Mailopoly or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Mailopoly. The Policies contain detailed statements of prohibited conduct relating to Personal Information. Without limiting any provision of this Agreement, Personal Information must be accurate, up to date and kept up to date and must not contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Site, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Mailopoly by our Clients or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Site without the prior written permission of Mailopoly or of the party authorised to grant such permission.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO Mailopoly AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY ACCESS, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
1. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
2. we are unable to verify or authenticate any information you provide to us; or
3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our Users, our Clients, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents.
Mailopoly has a Privacy Policy which applies to all members and forms part of this Agreement. Our current Privacy Policy is located here. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (including any amendments we make to it) while you are a User or Authorised User of our Site.
We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.
Each User and Authoriser User is taken to have agreed and acknowledged that Mailopoly is authorised to disclose any Personal Information and other information provided to Mailopoly or uploaded to our Site by them to the Client, its related bodies corporate and their respective employees, servants and agents. Otherwise, Mailopoly will not disclose your Personal Information to any third party, unless it has previously informed the User or Authorised User that intends to do so or is required to do so by law.
9.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside of our control, Mailopoly shall not be liable.
Consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to Mailopoly, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
9.2 To the extent that Mailopoly and all affiliates and related entities of Mailopoly are able to limit the remedies available under this Agreement, and subject to Clause 10 of this Agreement, Mailopoly and all affiliates and related entities of Mailopoly expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Mailopoly's sole discretion):
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.
10.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT Mailopoly AND ALL AFFILIATES AND RELATED ENTITIES OF Mailopoly HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR USERS' ACTIONS.
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
1. THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR
2. * AUD$100.
10.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Mailopoly and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if Mailopoly is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in this clause 10 will not apply to you. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services. In particular, you must ensure that your activities do not violate the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.
YOU ALONE, AND NOT Mailopoly, ARE RESPONSIBLE FOR ENSURING THAT YOUR ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind Mailopoly, its related entities or affiliates in any way whatsoever.
Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to Mailopoly Pty Ltd PO Box 838 Pymble NSW 2073. Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Mailopoly during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
Any controversy or claim arising out of, or in connection with, this Agreement between Mailopoly and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and Mailopoly agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a User or Authorised User of Mailopoly, and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement.
Our Privacy Policy is located here
The Site and its associated services set out in this Agreement are offered by Mailopoly Pty Ltd, located at Sydney, NSW Australia.
This Agreement will be governed in all respects by the laws of the State of New South Wales, Australia. You and Mailopoly irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Mailopoly to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Mailopoly. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and Services), 4 (Personal Information), 5 (Access and Interference), 9 (Liability Limit), 10 (Indemnity) and 14 (Mediation and Dispute Resolution) will survive any termination or expiration of this Agreement.
18.1 Single Sign-On (SSO)
When you choose to use third-party authentication services (such as Google, Apple, or Microsoft) to access Mailopoly, your use of those services is subject to both this Agreement and the respective third-party's terms of service. You acknowledge that:
18.2 Mobile Applications
If you download our mobile applications from Apple's App Store, Google Play Store, or Microsoft Store, you agree that:
18.3 Data Collection and Privacy
Our mobile applications collect and process data in accordance with our Privacy Policy and:
18.4 Subscription Management
For subscriptions purchased through mobile applications:
18.5 Application Distribution
You may only download and use our mobile applications from authorized distribution platforms (Apple App Store, Google Play Store, or Microsoft Store). Use of applications obtained from unauthorized sources is prohibited and may result in the termination of your account.