ActivePipe – Terms & Conditions and Terms of Use ("Terms")

Thanks for becoming a user of the ActivePipe Platform.

As a user of the ActivePipe Platform, or by accessing, using, or signing up for an ActivePipe account (or signing these Terms), you (client, you, your, user) are agreeing to follow and be bound by these Terms when using the Platform and services provided by ActivePipe.

PLEASE CAREFULLY REVIEW THESE TERMS BEFORE YOU START TO USE THE PLATFORM. IF YOU DO NOT ACCEPT ALL OR ANY PART OF THEM, PLEASE DO NOT ACCESS OR USE THE ACTIVEPIPE PLATFORM, OUR WEBSITE OR OUR SERVICES.  

By using the Platform and/or signing these Terms, you (including, where applicable, the organisation you represent) will be deemed to have understood and accepted these Terms, which form a binding legal agreement between you and us, The Digital Group Pty Ltd (ACN 91 139 274 436. ABN 91 139 274 436), 1B Weir Street Glen Iris, Victoria, Australia 3146 (The Digital Group, ActivePipe, we, our, us).

Any services provided by ActivePipe, including any updates and enhancements, are subject to these Terms. Please note that ActivePipe reserves the right to make changes to these Terms from time to time. Any such changes will be posted via the www.activepipe.com  website. It is your responsibility to review the Terms as published at www.activepipe.com at regular intervals.

Some key information and concepts to help you understand these Terms:

  • The ActivePipe Platform is an advanced customer relationship management plug-in platform delivering enterprise level marketing automation & smart data analytics to real estate (the Platform or the ActivePipe Platform).
  • The ActivePipe Platform is accessed by a subdomain of www.activepipe.com, the subdomain being unique to each respective user of the Platform. including you.
  • The ActivePipe Platform and the business associated with the Platform is owned and operated by The Digital Group.

 

ActivePipe Obligations

  • ActivePipe will use all reasonable endeavours to ensure that the ActivePipe Platform is fully functional and operational at all times except for periods of planned or emergency maintenance.
  • Where ActivePipe is engaged by a client to undertake the initial set-up of their user account, and this set-up requires the import of the user’s database, ActivePipe will employ controls and systems to protect the integrity of that database. This includes controls that prevent unauthorised access, copying or other proliferation of such database.
  • A process also exists where the source copy of the database is deleted upon successful uploading of the database into the user’s ActivePipe account.
  • ActivePipe will use all of its reasonable endeavours that your database will not be used or copied by any other party, including by ActivePipe itself.

 

Client (User) Obligations

  • As the owner of any database that you choose to upload to the ActivePipe Platform, you warrant that all members of the database have elected to receive your emails in accordance with the relevant privacy laws applicable your jurisdiction (Privacy Regulations). You warrant you will not send spam emails under any circumstances.
  • When using the ActivePipe Platform, you agree to provide, and be responsible for providing, truthful, accurate and complete information about yourself during registration (“Your Data“), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password to your account and your account itself. Furthermore, you are entirely responsible for any and all activities that occur under your account. The decision to accept a registration is in our discretion and, at our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
  • You may not register to use the Platform if you are already registered or if you were previously a registered user and we cancelled your account as a result of you being in breach of these Terms.
  • You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your account details and/or password contrary to these Terms.
  • You are responsible for ensuring that the information we hold about you is up to date. Please amend your details via the Platform as appropriate from time to time or contact us if you require assistance.
  • You warrant that you will not use purchased, rented or third party lists of email addresses.
  • You warrant that all emails sent by you via the ActivePipe Platform comply with the specific requirements of the applicable Privacy Regulations.
  • You warrant that you will not violate ActivePipe’s Acceptable Use Policy which forms part of these Terms.  You understand and accept that the content of emails sent via the ActivePipe Platform is entirely your responsibility. You accept that ActivePipe is purely a delivery mechanism and has no involvement in the content of the emails, the performance of the emails, nor the delivery rate or engagement rate of any particular email campaign.
  • Whilst ActivePipe constantly monitors it’s deliver-thru rates and any overall changes in the internet service provider environment that may affect delivery of emails, you accept that the information contained in emails, and specifically the subject header, may affect the delivery performance of your emails. You acknowledge that any such information and/or subject headers are entirely your responsibility.
  • You warrant that the information contained in your emails are of a normal, commercial and/or information manner, and are broadly in line with what would be deemed socially acceptable expectations and that you may not use the Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. Specifically you warrant that your emails do not carry content that could be deemed sexually extreme or offensive, content that could be deemed as racist or bigotry, content that could be deemed as racially and/or religiously inflammatory, and/or that may carry content that could threaten the security of individuals, organisations and/or nations.
  • You warrant that you have content preparation controls, procedures and testing in place that prevent the transmission of computer viruses, Trojan horses or any other malicious or harmful software. You specifically indemnify ActivePipe from any and all claims and/or costs that may be associated with the accidental or deliberate transmission of such viruses.
  • You agree that the transmission of any content referred to in the preceding two paragraphs (whether deliberate or otherwise) will entitle ActivePipe to immediately suspend or terminate the agreement formed under these Terms and any rights you may have to access and utilise the ActivePipe Platform. You also agree that ActivePipe has the right to refer any such transgressing content to any relevant authority as it deems fit and that you have no legal or monetary recourse against ActivePipe under such circumstances.
  • As such, you indemnify ActivePipe, without limitation, from and against any claim, action, loss or damage (including associated costs) arising from any third party action that may result from the transmission of any such content. You agree that should such transmission(s) impact on the overall ability of ActivePipe to perform its business, then ActivePipe has the right to recover from you the full amount of its commercial and/or opportunity loss and/or damage.

 

Free Trials

If you have commenced using the ActivePipe Platform as the result of a 30 day (or other period) free trial, billing will commence immediately upon completion of the free trial period.

 

Payment Terms

Under our standard payment terms, invoices will be raised in advance on the “go-live” date  and shall be payable 14 days after such date, or the nearest business day after the expiry of the 14 day period.

 

Capacity Constraints

Any single user licence is restricted to a maximum database size of 10,000 contacts and a maximum monthly send capacity of 30,000 emails.

 

Termination

Either party can terminate the agreement formed under these Terms with 30 days written notice from the issue date of the last invoice.  Termination will not affect your ongoing obligation to pay any invoice rendered prior to the expiry of the termination notice period.

Upon termination of an account, ActivePipe will delete all client records and historical data associated with the terminating client’s account. No historical or transactional data records will be transferred to the client. Should a client subsequently wish to use the ActivePipe Platform again, set-up fees will apply. These set-up fees vary from time-to-time but are currently set at an amount equal to 3 month’s service fees.

If service fees remain unpaid 14 days from the due date, ActivePipe has the right to suspend your access to the Platform. Once suspension has been notified and implemented, ActivePipe has the unrestricted right to immediately terminate the agreement formed under these Terms without further notice or recourse from either party other than ActivePipe’s legal entitlement to pursue any outstanding fees that have been invoiced or relate to the period prior to termination.

Should either party to the agreement formed under these Terms be placed into receivership / administration / liquidation and/or have a Court Notice applied to it seeking a winding-up order, then ActivePipe has the right to terminate the provision of services immediately and without recourse or notice to you.

 

Assignment

You are not permitted to assign, transmit or transfer your access rights to the ActivePipe Platform under these Terms to any other party whatsoever without the written consent of ActivePipe.

 

Third Party Access

You are specifically prohibited from allowing any third party database access to the ActivePipe Platform and/or re-selling access to the ActivePipe Platform to any third party.

 

Indemnification

You agree, without limitation, to defend, indemnify and hold harmless us, our group companies, shareholders, affiliates and licensors and each of our and their respective employees, officers, directors, agents, licensors, suppliers, other partners and representatives from and against any claims, damages, losses (including direct, indirect and consequential loss or damage), liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any of the following (including but not limited to any third party claim concerning the following):

(a) your or any individual user or email recipient’s use of the Platform or service provided by the Platform (including any activities under your ActivePipe account and use by your employees, staff and other personnel engaged by or representing you (Your Personnel));

(b) a breach of the agreement formed under these Terms or violation of applicable law by you, any individual user or Your Personnel;

(c) your content or the combination of your content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by your content or by the use, development, design, production, advertising or marketing of your content; or

(d) a dispute between you (or Your Personnel) and any individual user of he Platform or email recipient.

If we or our affiliates are obligated to respond to a compulsory legal order or process described above (Third Party Action), you will also reimburse us for all reasonable legal fees, as well as our employees’ and contractors’ time and materials spent responding to the Third Party Action at our then-current hourly rates.

 

Disclaimers

THE ACTIVEPIPE PLATFORM AND ASSOCIATED SERVICES PROVIDED BY ACTIVEPIPE ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

SAVE AS SET OUT IN THESE TERMS, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ACTIVEPIPE PLATFORM AND/OR ANY ASSOCIATED SERVICES OR THIRD PARTY CONTENT, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR THAT THE ACTIVEPIPE PLATFORM AND/OR ANY ASSOCIATED SERVICE OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS:

  1. MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND IN RESPECT OF THE PLATFORM OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM AND ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS EXPRESS OR IMPLIED ARE HEREBY EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW; AND
  2. DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON THE PLATFORM, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON THE PLATFORM IS ACCURATE, COMPLETE OR UP-TO-DATE.

Limitations of Liability – PLEASE READ THIS SECTION CAREFULLY

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR FOR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ACTIVEPIPE PLATFORM, ANY WEB SITES LINKED TO THE ACTIVEPIPE PLATFORM, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), BREACH OF STATUTORY DUTY  OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, COST OF REPAIR OR CORRECTION, OR LOSS OR DAMAGES ARISING IN CONNECTION WITH:

(A) YOUR USE OF, OR YOUR INABILITY TO USE, THE PLATFORM OR ANY SERVICES ASSOCIATED WITH THE PLATFORM (SERVICES), INCLUDING AS A RESULT OF ANY:

(I) TERMINATION OR SUSPENSION OF THE AGREEMENT FORMED UNDER THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES;

(II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES; OR,

(III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON THAT IS NOT AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS OR NEGLIGENCE, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;

(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

(C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THE AGREEMENT FORMED UNDER THESE TERMS OR YOUR USE OF OR ACCESS TO THE PLATFORM AND/OR THE SERVICES;

(D) ANY UNAUTHORISED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA;

(E) USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OR PRODUCED VIA THE PLATFORM; OR

(F) THE ACTS OR OMISSIONS OF ANY OTHER USER OF THE PLATFORM.

IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THE AGREEMENT FORMED UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

It is a condition of accessing the Platform that you accept and agree we shall not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access and use the Platform entirely at your own risk.

If you are a Consumer under the Australian Consumer Law, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Platform. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability as set out in this section to the maximum extent permitted by law. If you are a Consumer (as defined under the Australian Consumer Law) and any of the services supplied by us are not services of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a guarantee under the Australian Consumer Law in relation to those services is limited to, at our option:

(a) the supply of the services again; or

(b) the payment of the cost of having the services supplied again.

In other jurisdictions, warranties, guarantees and conditions may apply that we cannot legally exclude. If that is true in your jurisdiction, then to the extent permitted by law, we limit our liability for any claims under those warranties, guarantees or conditions to either supplying you the services again or paying the cost of having the services supplied again.

 

Intellectual Property

You acknowledge and agree that all intellectual property rights vested in or associated with the ActivePipe Platform and all material published on the Platform including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, data and software (but excluding any content uploaded by users of the Platform) (together the ActivePipe Content) are (as between you and us) owned, controlled or reserved by ActivePipe or its licensees.  You may not copy, adapt, display, communicate to the public or otherwise use any ActivePipe Content except as enabled and permitted by the Platform and/or these Terms from time to time.

Subject to these Terms, ActivePipe authorises you to view, operate and use the information and materials obtained from the ActivePipe Platform or sent to you by ActivePipe via any electronic or physical means, on the basis that all of our intellectual property rights vested in such materials are remain strictly owned and reserved by us (the Materials).

Unless otherwise specified in these Terms, the ActivePipe Platform may not be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, used to create derivative works from, transferred, or otherwise used in a manner inconsistent with the purpose for which the ActivePipe Platform and/or any associated services are provided.

If you breach any of these Terms, your authorisation to use the ActivePipe Platform will terminate automatically.

 

Your Use of the Platform and content standards

You are responsible for making all technical arrangements necessary to access the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and that they comply with them.

You agree not to:

(a) reproduce, duplicate, copy or re-sell any part of the Platform (or any content within it) in contravention of these Terms; and

(b) access without authority, interfere with, damage or disrupt:

(A) any part of the Platform;

(B) any equipment or network on which the Platform is stored;

(C) any software used in the provision of the Platform; or

(D) any equipment or network or software owned or used by any third party.

The Platform may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values. You acknowledge that you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Platform at your own risk.

Whenever you make use of Platform to allow you to upload content or make contact with other users of the Platform (each a Communication) you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to host, copy, store and make available such Communication and agree to comply with the Content Standards.

You acknowledge that:

(a) you are responsible for your interactions with other users;

(b) we make no representations or warranties as to the conduct of other users; and

(c) we shall not be in any way liable for the conduct of any other users.

You agree to take reasonable precautions in all interactions with other users. Notwithstanding any other provision of these Terms the parties acknowledge and agree that:

  1. any information published on the Platform (the “Platform Information”) may be available to users of the Platform;
  2. the publication of Platform Information by ActivePipe will not amount to a breach of any of ActivePipe’s obligations under these Terms; and
  3. if you disclose your confidential information to another party on or via the Platform and you wish to impose obligations of confidence on the other party in relation to such information, you should enter into a separate confidentiality agreement with the other party.

 

Links to Other Platforms or the Platform

The Platform may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Platform in any website or application that is not owned by you (save where expressly authorised under these Terms). The Platform must not be framed on any other website or application, nor may you create a link to any part of the Platform other than the home page (save where expressly authorised under these Terms).

The website in which you are linking must comply in all respects with the content standards set out in these Terms.

We reserve the right to withdraw linking permission without notice.

 

Technology in the Platform

You acknowledge and agree that nothing in these Terms shall be construed as an implied or express transfer of the ownership of, or title to, intellectual property rights in the Platform Intellectual Property and/or Technology from the Licensor to the Licensee or any other party or third party.

You:

  1. agree not to infringe any intellectual property rights of ActivePipe;
  2. confirm that any goodwill in the Platform generated by you belongs to ActivePipe;
  3. agree not to use the Platform (and the technology upon which the Platform is based) for anything other than the purposes set out and permitted in these Terms;
  4. agree you will not, directly or indirectly, use or Reverse Engineer (or aid or assist in the Reverse Engineering of) the Platform or any part of the Platform or any intellectual property rights subsisting in or relating to the Platform for any purpose or in any way including to manufacture, have made, use, create, design, market or sell a platform which is the same as, similar to or may compete with the platform or for any purpose, or in any manner, other than as specifically permitted by these Terms;
  5. agree you will not, without ActivePipe’s prior written consent, seek to claim ownership in or apply to register any:
    1. trade or service mark in your own or any other name which is the same as or similar to the ActivePipe Trade Marks as defined below or any trade or service mark owned or used by ActivePipe;
    2. patent in the your own or any other name any patent which is the same as or similar to any patent owned by ActivePipe; or
    3. intellectual property rights which are based on or use any part of the Platform; and
    4. must use reasonable endeavours to ensure that all of your related parties comply with the above provisions; and
  6. agree that the obligations placed upon you under these Terms (and any other agreement binding upon by you in connection with these Terms) are valid and binding and enforceable against you in accordance with their terms.

In this section, “Reverse Engineering” includes, without limitation, decompiling, disassembly, sniffing, peeling semiconductor components, or otherwise deriving source code.

In addition to any other rights and remedies that ActivePipe may have under these Terms or at law, you shall be required in all cases to pay royalties and/or an account of profits to ActivePipe with respect to any products that are developed, marketed or distributed by you which are derived in whole or in part from the Reverse Engineering of the Platform, Active Pipe Content, our data or any code or other material owned by or exclusively licensed to ActivePipe.

 

Trademarks

ActivePipe Trademarks” means all names, marks, brands, logos, designs, slogans and other designations that ActivePipe uses in connection with its products and services (including but not limited to the Platform).

You may not remove or alter any ActivePipe Trademarks, or co-brand your own products or material with ActivePipe Trademarks, without ActivePipe’s prior written consent.

You acknowledge ActivePipe’s rights in all ActivePipe Trademarks and agree that any use of ActivePipe Trademarks by you shall inure to ActivePipe sole benefit.

You agree not to incorporate any ActivePipe Trademarks into any of your own trade marks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

The names of actual companies and products mentioned on the ActivePipe Platform or in the Materials may be the trademarks of their respective owners or licensees.

 

Copyright

Any software or content that is made available to download from the ActivePipe Platform is the copyrighted work of, and owned by, ActivePipe and/or its licensor’s (if any). You must be a registered ActivePipe user and subscriber in order to download and/or use the ActivePipe  software with respect to the Platform.

ActivePipe users are required to respect intellectual property rights. Should copyrighted content belonging to you be posted via ActivePipe without your permission please let us know by using the “Email Us” feature on our website or by writing to us at:

ActivePipe
Copyright
1b Weir Street, Glen Iris
Victoria, Australia 3146

In your notice please provide evidence you are authorised to act on behalf of the copyright owner, all contact details of the copyright owner, the identity of the copyright work being infringed and a statement (note: made under penalty of perjury) that the information in your notice is accurate and you are authorised to act on behalf of the copyright owner.

 

Waiver

No failure or delay by ActivePipe to exercise any right or remedy provided under these Terms, or by law, shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

Acceptable Use

ActivePipe’s reputation as an email service provider and our deliverability depend upon keeping the Platform and its system clean. Spamming actions of individual users can adversely impact on ActivePipe’s positive reputation and jeopardise deliverability of the system as a whole. So we are in the positive reputation business together.

In this regard, without limitation, you may not use the Platform to send, or procure the sending of, any unsolicited or unauthorised electronic communication, advertising or promotional material or any other form of similar solicitation (spam).

 

Reputation Explained

ActivePipe is a multi-user platform that provides email delivery services on behalf of its client base (community). In simple terms, ActivePipe passes emails through to Internet Service Providers (ISPs) such as Google (email), Yahoo etc..

The ISPs have very complex algorithms that monitor what is known as an email sender’s (ActivePipe) ‘reputation’. These mechanisms exist as one of many tools designed to identify and stop genuine spam emails based on their point of origin (source / sender).

If your email recipients consign your emails to trash or spam, then this begins to affect the sending ‘reputation’ of ActivePipe. This in turn impacts on the whole of the ActivePipe community. This impact translates to the systems of the ISPs viewing ActivePipe as a sender of dubious reputation and will “choke’ and severely restrict the delivery of your emails and that of our broader community.

In order to protect our ‘reputation’ and thus that of our community members, ActivePipe exercises an Acceptable Use Policy and operates with an API (automated interface) that removes from your database within ActivePipe any email recipients that have trashed or spammed your email. This email also removes any email addresses that are “hard-bounced” (that is where the ISP advises that no such email address exists and/or is not active).

Such data ‘cleansing’, as it is known, is critical to enhancing and maximising the reputation of your database and that of the broader community, and thus ActivePipe’s.

You therefore acknowledge and accept this Acceptable Use Policy as a standard operating practice of ActivePipe.

 

Cookies

Cookies Explained

Here we explain how ActivePipe uses cookies to recognise you when you visit www.activepipe.com (or any subdomain ActivePipe website operated or controlled by The Digital Group), what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.

There are two types of Cookie. First Party Cookies are set by ActivePipe. Third Party Cookies are set by other parties.

Third party cookies enable third party features or functionality to be provided on ActivePipe (e.g. analytics). The parties setting third party cookies recognise your computer both when it visits ActivePipe and also when it visits certain other websites (eg. the client’s website).

Why ActivePipe uses cookies?

Some cookies are required for ActivePipe to operate. ActivePipe serves these essential cookies which are necessary to provide you with services available through our platform and to use some of its features, such as access to secure areas. If you block or delete these cookies you will impact how the ActivePipe Platform works.

Other cookies enable ActivePipe to enhance user experience by tracking and targeting data of interest to users. BY refusing these cookies some functionality may be lost. Third parties (eg. Google) serve cookies on ActivePipe for reporting analytics and other purposes.

Advertising cookies are not used by ActivePipe.

Other Tracking Technologies

ActivePipe also uses Web Beacons (also known as Tracking Pixels). These are miniscule, transparent graphics placed in ActivePipe emails typically to monitor whether a user has accessed content. Web Beacons often work together with Cookies to measure interaction with emails, to monitor traffic patterns, to understand traffic sources and to improve user experience.

 

Privacy

Please see the separate ActivePipe Privacy Policy relating to the collection and use of any personal information on the ActivePipe Platform. By using the ActivePipe Platform, you are consenting to the terms our Privacy Policy and to ActivePipe processing any personal data in accordance with that Policy.

 

Governing Law

  1. Governing Law: These Terms and the agreement formed under them is governed by the laws of Victoria, Australia.
  2. Jurisdiction: These Terms and the agreement formed under them shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.  
  3. Subject to the paragraph below, you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Platform.
  4. Nothing contained above shall (or shall be construed so as to) limit our right to bring a suit, action or proceeding (Proceeding) against you in the courts of any country in which you have assets or in any other court of competent jurisdiction nor shall Proceedings we institute in any one or more jurisdictions preclude us from instituting Proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.

Miscellaneous

  1. If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
  2. These Terms, and the documents referred to in them, constitute the entire agreement between you and us in relation to the subject matter of these Terms and supersede and extinguish any prior agreement in respect of the same.
  3. You will not at any time use or disclose to any person any confidential information relating to us or any other user save to your professional advisors and your related entities, servants, agents and personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law.
  4. The relationship between you and us is and will be that of independent contractors and nothing in these terms shall create a employment, trustee, partnership or agency relationship and no party will make any representation as such.
  5. Termination of these Terms will not end those provisions that are capable of surviving the ending of any agreement formed under or by these Terms.
  6. The failure of ActivePipe to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such a right or provision.

Fees and Payment

  1. You must pay to us all fees by the due date as specified in these Terms, an invoice or via the Platform and by the payment method and currency stipulated via the Platform or applicable invoice (which may be updated from time to time).
  2. If you fail to make any payment due under these Terms by the due date for payment, then, without limiting our remedies, you agree to pay interest on the overdue amount at the rate of 4% per annum above our primary bank’s standard overdraft rate. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You agree to pay the interest together with the overdue amount.
  3. You agree to make all payments to ActivePipe under these Terms or with respect to your use of the Platform without withholding or deduction of, or in respect of, any Taxes unless required by law. If any such withholding or deduction is required by law, you agree to, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that we would have received if no such withholding or deduction had been required. In addition, where required to be paid by law, you must provide to us a copy of the certificate of withholding (or analogous document).

GST

  1. In this clause unless otherwise expressly stated or the context otherwise requires, words and expressions which are not defined in this Agreement but which have a defined meaning in the GST Law have the same meaning as in the GST Law.
  2. If any Consumption Taxes are payable in respect of a supply made under or in connection with these Terms, the recipient must pay to the supplier (at the same time as payment for the supply is required to be made) an additional amount equal to the Consumption Taxes payable in respect of the supply.
  3. This clause does not apply to the extent that the consideration is expressly stated to be inclusive of Consumption Taxes.
  4. If the recipient is required to reimburse the supplier for any amount which is calculated directly or indirectly by reference to a cost, the amount must be reduced to the extent that the supplier is entitled to claim an input tax credit in respect of those costs.  A party will be assumed to have an entitlement to claim a full input tax credit unless it demonstrates otherwise prior to the date on which the consideration must be provided.
  5. In this section:
    1. Consumption Taxes means any tax payable on the sale or supply of goods, services or other things and includes GST, goods and services tax, value added tax, sales tax, consumption tax or any similar impost;
    2. GST has the same meaning given to that term in GST Law; and
    3. GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

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