We reserve the right to change, modify, add to or remove portions or the whole of these Terms. Changes to these Terms will become effective when posted to this Website. Your continued use of this Service and Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms, including such changes or updates.
We reserve the right to change pricing, suspend, or discontinue this service, including the availability of any features of this Site, upon 30 days' notice to you from us. Any notices will be posted to your Dashboard plus you will be advised via email.
SMS Response provides you with a search Service (List Jenny) for you to lookup publicly available information on the internet in order to prospect for sales and/or recruitment leads for your private use or on behalf of your business or employer.
This Service also contains an email lookup tool which only accesses publicly available information or creates a "best guess" email address after extensive searching. Note that these contacts have not opted in to receive cold emails, and you must agree to not use this platform for mass emailing. You must also agree to abide by any local laws regarding the procurement and sending of unsolicited emails.
To use this Service, you need to use an up-to-date browser (e.g. Internet Explorer, Edge, Firefox, Safari, Chrome), plus a stable connection to the internet.
We cannot and do not guarantee any response or sales from using this Service. The email lookup tool is, in our opinion, the best quality tool we could find. But it is not perfect, and we cannot guarantee that the email lookup tool will find an email address for you everytime. Some companies have different domains, and some people have public email addresses like Gmail or Yahoo, which may make findings difficult. We have built other options into the tool to assist you if the email tool cannot find a particular email or domain. If you are finding it not to your satisfaction, then please contact us and we can investigate in case there's an issue with the software.
ListJenny™ Service offers a 7-Day Free Trial, plus 3 choices of monthly subscription packages (billed in advance each month) which you can upgrade or downgrade anytime. Changes to your subscriptions will be automatically adjusted and reflected on the NEXT month's billing cycle and shown on your tax invoice/receipt.
The Service is billed in Australian Dollars and includes GST and any other taxes.
You may cancel the Service at anytime, but no pro-rata refunds are given unless otherwise arranged.
We reserve the right to delete any lapsed Free Trial accounts after 30 days. We also reserve the right to disable or delete paid accounts which have been unused for over 12 months and we could not contact you. There is no refund on unused subscriptions and any saved data and lists will be deleted in this instance.
We use a very reliable hosting company with good security. But sometimes awful events can occur, such as hackers or other events beyond our control. We take regular backups (2 backups) and also store a backup on a complatelt different server in case the unthinkable happens. But we strongly recommend exporting your list of Contacts to your own PC on a regular basis. It is also your responsibility to keep your business details (such as email address) with us updated.
Occasionally there may be scheduled or unscheduled downtime on this Service for improvement and updgrades. We will give you reasonable notice by posting an Announcement in your Dashboard, and whenever possible or necessary, send you an email. It's in all of our interests to keep downtime to a minimum and not disrupt the Service, but we will not be held liable for any losses or adverse consequences to you or your agents using this Service.
SMS Response will not be responsible for, or incur any liability, as a result of delays or failures in performing any of the services in the event of internet problems, server issues, civil commotion, act or failure to act of any governmental authority, acts of terrorism, hacking, or any other occurrence beyond SMS Response's reasonable control.
The Service is provided "as is", and to the extent permitted by law, SMS Response makes no warranties, express or implied, with respect to the Service provided, including but not limited to warranties of accuracy, completeness, currentness, merchantability or fitness for a particular purpose. In no event will any party be liable for any special, indirect, incidental or consequential damages, or lost income or lost revenue, whether based in contract, tort or otherwise and whether or not foreseeable and however arising. SMS Response accepts no liability for any damages or loss suffered by you or your agents as a result of any inaccuracy found in the Service and search results.
Without limiting the generality of the preceding sentence, you further hereby indemnify SMS Response against all losses, damages, liabilities, claims and expenses (including all legal costs) arising out of or in connection with any infringement of the Spam Act 2003 or The Privacy Act by you or any person representing you in any capacity.
The ListJenny mascot is a registered Trademark and cannot be used without our written consent. The intellectual property behind this platform is also ours and subject to copyright. You are not allowed to reproduce, duplicate, copy, adapt, sell, resell or exploit for any commercial purposes, any portion of the Service without our express written consent.
To the extent permitted by law, SMS Response's sole obligation and your exclusive remedy for any claim of defective Service is for SMS Response to use all reasonable efforts to repair the Service, or failing that, refund you to the value of 6 month's subscription.
ListJenny™ nor SMS Response Australia Pty Ltd has any affiliation whatsoever with LinkedIn or Microsoft.
This Agreement is governed by the laws of the State of Victoria, Australia, and any legal action in connection with this Agreement shall be brought in the state or federal courts located in Melbourne, VICTORIA, Australia.
Please contact us if you have any questions about these Terms: firstname.lastname@example.org. Thank you.
Head Office ListJenny & Media M Group:
10 Clifton St Prahran 3181 VICTORIA, AUSTRALIA.
PH: 1300 722 940 or +61 434 085 892
2018 © SMS Response (Aus) Pty Ltd. All Rights Reserved. ListJenny and the Jenny mascot are registered Trade Marks.