Terms and Conditions

1. Introduction

  1. 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").
  2. 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.
  3. 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.
  4. 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 Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages of the Website.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

  1. 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.
  2. You are permitted to print and download extracts from the Website for your own use on the following basis:
    1. No documents or related graphics on the Website are modified in any way;
    2. No graphics on the Website are used separately from accompanying text;
    3. and Our copyright and trade mark notices and this permission notice appear in all copies.
  3. 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.
  4. 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.
  5. Any rights not expressly granted in these terms of use are reserved.

3. Website access

  1. 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.
  2. 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

  1. 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.
  2. You are prohibited from posting or transmitting to or from the Website any material:
    1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
    2. For which you have not obtained all necessary licences and/or approvals; or
    3. 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
    4. 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).
  3. You may not misuse the Website (including, without limitation, by hacking).
  4. 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

 

  1. 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.
  2. Messages will not be delivered if your account does not have sufficient funds to send each message.
  3. The current price is subject to change without notice, however, any price changes will clearly be displayed on our website.
  4. We shall not be held responsible for messages withheld from delivery by a given prison. This maybe for reason outlined in 4b or for reasons specific to the establishment/the prison service.
  5. Individual prisons and/or the prison service retain the right to refuse registered users access to this service without notice and without explanation.
  6. 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. 
  7. 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

  1. 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.
  2. Messages that are sent using the Email a Prisoner website will be available for the account owner to review in the sent messages section of the website for a period of 13 months from the date the message is sent after which time the message will be removed from your account.
  3. We reserve the right to suspend you and your recipients from our services if you dispute any credit purchases with your card issuer. Your account will be immediately terminated and your recipients will be indefinitely excluded from receiving any messages through our service.

7. Links to and from other websites

  1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and we shall have no liability to you for any failure on the part of the operator of the linked website or any of its suppliers to fulfil any obligation owed to you or for any defective or deficient product or service any of them might supply to you.
  2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
    1. You do not remove, distort or otherwise alter the size or appearance of our logo;
    2. You do not create a frame or any other browser or border environment around the Website;
    3. You do not in any way imply that we are endorsing any products or services other than its own;
    4. You do not misrepresent your relationship with us nor present any other false information about us;
    5. You do not otherwise use any of our trademarks displayed on the Website without our express written permission;
    6. You do not link from a website that is not owned by you; and
    7. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  3. We expressly reserve the right to revoke the right granted in paragraph 6b for breach of these terms of use and to take any action we deem appropriate.
  4. You shall fully indemnify us for any loss or damage we suffer or any of our group companies suffer for breach of paragraph 6b.

8. Registration

  1. Each registration is for a single user only. The single user may be private individual or an organisation. We do not permit you to share your user name and password with any other person nor with multiple users.
  2. Responsibility for the security of any passwords issued rests with you or your organisation.

9. Disclaimer

  1. While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
  2. Other than any service you decide to accept on separate terms and conditions from us, the material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms of use might have effect in relation to the Website.

10. Liability

  1. We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
  2. Nothing in these terms of use shall exclude or limit our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
  3. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11. Data protection

  1. For the purposes of data protection legislation you hereby consent to our processing of "personal data" by submission of your personal information on the Website and we agree that we will treat the personal data as confidential.
  2. You acknowledge and agree to be bound by the terms of the Privacy Policy.

12. Governing law and jurisdiction

  1. These terms of use shall be governed by and construed in accordance with Australian law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Australian courts.

13. Miscellaneous

  1. If any part of these terms of use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms of use will not be affected.
  2. These terms of use set out the whole of our agreement relating to use of and access to the Website. They may not be varied by you at any time. Nothing said by any person on our behalf should be understood as a variation of these terms of use or an authorised representation about the Website or the nature and quality of items displayed thereon. We shall have no liability for any such representation being untrue or misleading.

14. Refund Policy

  1. You have the right to cancel your account within seven days of signing up. If you do cancel your account within the seven day period you will be entitled to a refund, less the cost of any messages you have already sent. This does not affect your statutory rights.

    Any refunds of Email a Prisoner credit, will incur a refund administration fee.

15. Attachment Service

  1. Participating establishments may opt to switch the service off at any time without notification.
  2. Photo Attachments containing inappropriate imagery will be rejected and you will not be refunded; if you believe an attachment was appropriate for sending but it was rejected please contact the Support Team. Establishments reserve the right to reject any attachments, even if it was accepted by the Email a Prisoner system
  3. Photo Attachments will be delivered along with your message and may be monochrome depending on the equipment available at the establishment.
  4. We reserve the right to change the pricing of attachments at any time