1. Introduction
a. These website terms of use apply to the entire contents of the websites under the domain name www.emailaprisoner.com.au referred to as the "Website" and to any correspondence by e-mail between us and you. Please read these terms of use carefully before using the Website. Using the Website indicates that you accept these terms of use regardless of whether or not you choose to register with us. If you do not accept these terms of use, do not use the Website. These website terms of use are issued by Unilink Software Limited, PO Box 3455, Port Adelaide Post Office, SA 5015, AUSTRALIA ABN 99 600 764 234 ("us" "we" "our").
b. You may access most areas of the Website without registering your details with us. Certain areas and services of the Website are only open to you if you register.
c. By accessing any part of the Website, you shall be deemed to have accepted these terms of use in full. If you do not accept these terms of use in full, you must leave the Website immediately.
d. We may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the then current terms of use, because they are binding on you. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
2. Use of the website
a. Prices appearing on the Website are not offers either from us or any applicable third parties. They are an invitation for you to make an offer. Please read the terms and conditions of the relevant product or service before entering into a transaction on the Website.
b. You are permitted to print and download extracts from the Website for your own use on the following basis:
- No documents or related graphics on the Website are modified in any way;
- No graphics on the Website are used separately from accompanying text;
- and Our copyright and trade mark notices and this permission notice appear in all copies.
c. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms of use, any use of extracts from the Website other than in accordance with paragraph 2b above for any purpose is prohibited. If you breach any of the terms in these terms of use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
d. Subject to paragraph 2b, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
e. Any rights not expressly granted in these terms of use are reserved.
3. Website access
a. While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
b. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. Visitor material and conduct
a. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
b. You are prohibited from posting or transmitting to or from the Website any material:
- That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred.
- For which you have not obtained all necessary licences and/or approvals; or
- Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in any country in the world; or
- Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
c. You may not misuse the Website (including, without limitation, by hacking).
d. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 4b1-4 or paragraph 4c.
5. Message pricing and delivery
a. Whilst we take care to ensure every message sent is delivered there may be instances in which the sending and delivery of a given message may not be possible due to factors within a prison establishment which are outside of our control.
b. Messages will not be delivered if your account does not have sufficient funds to send each message.
c. The current price is subject to change without notice, however, any price changes will clearly be displayed on our website.
d. We shall not be held responsible for messages withheld from delivery by a given prison. This may be for reason outlined in 4b or for reasons specific to the establishment/the prison service.
e. Individual prisons and/or the prison service retain the right to refuse registered users access to this service without notice and without explanation.
f. It is the responsibility of the account holder to ensure Recipient details are correct including the Recipient's name, ID number and location of the Recipient.
g. In the above circumstances as outlined in sections 4 & 5, your account may be closed and no refunds will be issued for the message(s) that have been sent, including those that did not reach the intended recipient.
6. Account Management
a. Any account that is not used to send a message for a period of 6 months may be deleted. Credit balances will expire if unused after 60 days.
b. Messages that are sent using the Email a Prisoner website will be available for the
