Terms & Conditions

Terms & Conditions

Note: All services described on this site are provided by Vieve, of Brisbane Australia.

1. Definitions

The following terms shall have the following meanings:

1.1       Community Standards means such standards of conduct as described on this web site as being community standards which Vieve may amend from time to time.

1.2       Vieve means Vieve (ABN 97 795 742 927)

1.3       Terms & Conditions means these terms and conditions as set out below and amended from time to time and includes such other additional policy documents that my be posted on the web site including but not limited to “The Privacy Policy”.

1.4       us, our & we means reference to Vieve

2. Terms and Conditions

2.1       By joining, you will be subscribed to the V Message service, and in doing so, you agree to all the terms and conditions of use as outlined below.

2.2       The latest Terms and Conditions will be clearly posted on our site, and will be available for review at any time.

2.3       These Terms of Service set forth the entire understanding and agreement between us related to the use of the V Message website.

2.4       The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.

3. Our Service

3.1       iRealty and iMessage have been designed as powerful email based communication tools - primarily designed for real estate agencies and other companies to communicate with their customers.

3.2       Vieve is a strongly community oriented, ethical organisation, and operates by a strict code of conduct. While we defend people's rights to freedom of speech, we operate with strong guiding principles of integrity, respect and fairness, and we expect all V Message members to abide by similar principles. As a V Message user, you agree to comply with all V Message Community Standards.

3.3       These Terms and Conditions may be amended by us from time to time in our sole discretion without specific advice to you. You should thoroughly familiarize yourself with the Terms and Conditions of Use prior to using the site.

3.4       V Message offers you access to create eMailouts and provides you with access to a collection of on-line resources, including design styles and colours, name generators, content development tools and hosting services (the "Service").

3.5       We offer you access to the V Message website and database in exchange for your strict compliance with the terms, conditions, and notices stated here and as may be modified by us from time-to-time in our sole and absolute discretion without notice to you.

3.6       Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms and Conditions of Use.

4. Payment Terms

4.1       Upon registering for an iMessage or iRealty account you will be invoiced for the set up fee and for the first three months of access.

4.2       Set up fees are non-refundable.

4.3       All invoices will be due in 14 days. Failure to pay an invoice will result in termination of your account.

4.4       If you terminate your account, we will refund the monthly fee on a pro-rata basis. For example, if you terminate your account after two months and have paid for three, we will refund the monthly fee for the last month. Refunds can only be made for whole months. If you terminate your account part-way through the last month, you are not entitled to any refund.

4.5       If your account is terminated by us because you have breached these terms and conditions, you are not entitled to a refund.

5. Using the V Message website

5.1       You agree that you will not use the V Message website and tools, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions.

5.2       You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame in another web page, create derivative other works from, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the V Message site or from V Message activities.

5.3       You shall not use the V Message website in any manner which could damage, disable, overburden, or negatively impact on V Message’s brand or activities, or interfere with any other party's use and enjoyment of the V Message website.

5.4       You may not use any of the visual or written images, graphics, icons, logos or brands used within the V Message website or in any V Message template, except in the manner in which it was intended.

5.5       Images supplied through the V Message system are provided under license. Copyright with all images supplied in this manner rests with their owners, and can only be used in the manner in which they have been supplied. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the V Message website.

5.6       Except with the express written permission of Vieve, you agree that you will not access or attempt to access password protected, secure or non-public areas of the V Message website. Any unauthorized person/s attempting to access prohibited areas of the V Message site may be subject to prosecution, and if so, will be pursued to the full extent of the law.

5.7       You agree and promise not to resell or exploit for any commercial purpose any of V Message' services or software without the express written permission of Vieve.

6. Member Conduct

6.1       As a V Message member, you are entirely responsible for all Member Content posted through the V Message website, including and not limited to: information, photographs, data, text, music, sound, software, graphics, streaming video or other materials posted via the Service. V Message has no involvement or control over the posting of Member Content via the Service and as such, does not verify or guarantee the quality, accuracy or integrity of such content. Vieve does not endorse any organisation who uses the V Message website, and makes no representation or warranty of their professionalism, integrity, viability or legitimacy as a reputable organisation.

6.2       With regard to the content of your eMailouts, you agree not to post, upload or otherwise distribute any content (so defined by the following subclauses, to be referred to as “Offending Content”):

6.2.1    that is unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar or libelous;

6.2.2    that is misleading, deceptive and / or not representative of the truth, and / or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity;

6.2.3    that relates to inappropriate subject matters or contravenes the spirit with which Vieve conducts its business;

6.2.4    that is hateful, invasive of another's privacy, or racially, ethnically or otherwise objectionable;

6.2.5    that is harmful to minors;

6.2.6    you do not have a right to post and transmit under any law or any contractual relationship/s;

6.2.7    involves personal or confidential data about any other individual or organisation;

6.2.8    Infringes of any patent, trademark, proprietary secret, copyright or any other proprietary right/s of any party;

6.2.9    Contain software viruses or any other invasive computer code, programs, or files designed to interfere with, destroy or impact negatively on the functionality of any computer hardware or software, or any telecommunications equipment;

6.2.10  Which imposes an unreasonable burden on our infrastructure;

6.2.11  Intentionally or unintentionally violates any relevant and applicable local, state, national or international law;

6.2.12  Communicates erroneous, forged or disguised identifiers; or

6.2.13  Promotes violence, harm or provides instructional or affirmative information about illegal activities or pastimes.

6.3       We reserve the right to terminate service to any member who includes Offending Content in any eMailout. In the event of a termination of membership for improper use, there will be no refund of any credit accrued by the user with V Message.

7. Registration

7.1       In order for you to participate in the Service and distribute your eMailouts, V Message requires that you:

7.1.1    to pay Vieve the value of the service as stated in the Pricing options; and

7.1.2    provide specific information about yourself.

7.2       If you choose to participate in such services and build your own eMailouts (i.e. become a Member), you agree to provide true, complete and accurate information (“Member Data”) and to refrain from falsely representing your affiliation with any person or entity.

7.3       Member Data and certain other information about you will be subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process may be used to send you information about V Message Service/s offered.

8. Spam and unsolicited emails

8.1       The V Message website is a spam free zone. As our online service facilitates the broadcast of email newsletters, V Message has very clear guidelines and is very sensitive to issues regarding unwanted emails and SPAM. While we encourage you to publicize your activities using the V Message service/s, you are expressly prohibited from sending unsolicited emails to email recipients (spamming), except under very clear guidelines. We actively work with all V Message members to make sure they understand and abide by common principals of email protocol and "opt-in" policy - giving recipients the freedom to decide whether they would like to receive the materials being sent.

8.2       All V Message eMailouts are distributed with embedded subscribe / unsubscribe functionality. These tools help reinforce our 'opt-in' marketing policies and philosophy.

8.3       Newsletters are a powerful educational tool, and are very effective in helping build rich, long term relationships with customers / members. eMailouts can also serve a valuable role in prospecting, lead generation and more traditional direct marketing of products and services. In these cases, V Message works closely with members to ensure they comply with our policies. In all such cases, such activities must be conducted using valid "opt-in" lists sourced from reputable providers. In any instance where any eMailout is sent to a third party without their specific request, the person or organisation responsible for the origination of the contact must be clearly identified to us and to the recipients of the newsletter.

8.4       Despite all of our integrated systems, and our best efforts to eliminate potential issues, there remains the possibility that a V Message customer may send emails to a person/s who consider the email as undesirable solicitation or unwanted communications. This may be due to a misunderstanding between our customer and the recipient, or an abuse of our email policies. Initially, we ask email recipients to first consider if they are indeed part of the "opt-in" email list that the publisher identified in the email has used. If this is not the case, we ask that the recipient report any potential breach of our systems to info@vieve.com.au

8.5       If we are made aware that the V Message website has been used in any activities involving spamming activities or processes, or inappropriately dealing with databases and contact lists, we reserve the right to remove the account from our servers. In the event of a termination of membership for improper use, there will be no refund of any credit accrued by the user with V Message.

9. Privacy Policy

9.1       Vieve is committed to maintaining your privacy and protecting your rights as a client. Following is a disclosure of our standard practice regarding information we collect and hold on behalf of our clients.

9.2       V Message collects information from clients including, but not limited to, some or all of the following, depending on the nature of their usage of our service: contact information, user preferences, email address lists, articles, graphical images, logos, icons, survey responses, letters and emails, and usage statistics. Clients enter their data using our servers, database and newsletter creation tools. This information is owned by our clients and is not accessible to our partners or other clients unless permission is granted by the client.

9.3       Some financial information may also be collected for the purpose of billing the client for services purchased. We use contact and billing information from time to time to contact our clients using both standard mail and email to ensure smooth and efficient delivery of our service and to alert them of new products and services. All information collected is processed and stored in secure and confidential manner on behalf of our clients, and is only accessible to the client through a sophisticated password structure, so that only the client has access to his/her personal information. Although we make every effort to ensure security of client information, no data transmission can be guaranteed to be 100% secure over the Internet.

9.4       NO INFORMATION PROVIDED BY ANY CLIENT WILL EVER BE SOLD OR PROVIDED TO ANY THIRD PARTY WITHOUT THE PRIOR AND EXPLICIT CONSENT OF THE CLIENT, OR UNLESS REQUIRED TO BY A COURT OF LAW.

9.5       If you have any questions about this privacy statement, you can email us at info@vieve.com.au at any time.

10. eMailout storage and usage

10.1       As a V Message member, you are allowed a disk space limit as specified in our Pricing Options. You acknowledge that from time to time, Vieve may review operating practices and redefine boundaries concerning the use of the Service. You agree that Vieve has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that Vieve reserves the right to change its practices and and storage policies and limits at any time, in its sole discretion, with or without notice.

11. Enhancements and modifications

11.1     Vieve reserves the right at anytime and from time to time to enhance, modify, discontinue, or to temporarily or permanently interrupt the Service (or any part thereof) with or without notice. You agree that Vieve shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Vieve shall have the right (but not the obligation) in its sole discretion to refuse or remove any content posted to a Member's V Message eMailout.

12. Third Party Content

12.1     For your convenience, the V Message website may contain content and information from V Message' partners and/or links to partner websites ("Third Party Content"). Such content is not under the control of V Message and therefore we are not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. V Message is providing such Third Party Content to you only as a convenience, and no endorsement of content or any affiliate is implied by our provision of third party content. Such third party content, services, software or sites may necessitate a