1. Nature of the Data
The data supplied (“Data”) consists of publicly available business-related information, which may include business names, trading names, business addresses, websites, industry classifications, and other non-sensitive business attributes.
The Data is provided as informational and reference material only and is not sold as marketing leads or as consented contact lists.
2. No Consent Provided
The Seller does not represent or warrant that any individual or business contained within the Data has:
- consented to receive marketing communications
- consented to be contacted by the Buyer
- opted in to email, SMS, phone, or other electronic communications
No express or inferred consent is provided or transferred with the sale of the Data.
3. Buyer Compliance Obligations
The Buyer agrees that it is solely responsible for ensuring its use of the Data complies with all applicable laws, including but not limited to:
- Spam Act 2003 (Cth)
- Privacy Act 1988 (Cth) and Australian Privacy Principles
- Do Not Call Register Act 2006 (Cth)
- Any other applicable state, federal, or international laws
The Buyer must not use the Data in any way that would result in unlawful spam, unsolicited communications, or privacy breaches.
4. Prohibited Uses
The Buyer must not:
- Use the Data to send unsolicited commercial electronic messages
- Represent the Data as “opted-in”, “spam compliant”, or “marketing-ready”
- Use the Data for email marketing, SMS marketing, robocalling, or telemarketing without lawful consent
- Sell, resell, sublicense, or redistribute the Data to any third party
- Use the Data in a way that violates platform terms (including email service providers or CRM platforms)
Any prohibited use constitutes a material breach of these Terms.
5. No Address Harvesting Representation
The Seller does not use address-harvesting software as defined under the Spam Act 2003 and does not knowingly supply Data generated through unlawful harvesting activities.
However, the Seller does not guarantee that individual data fields are suitable for marketing use.
6. No Warranties
The Data is provided “as is”, without warranties of any kind, including but not limited to warranties regarding:
- accuracy
- completeness
- currency
- suitability for any particular purpose
The Seller does not warrant that the Data will meet the Buyer’s requirements or result in any commercial outcome.
7. Limitation of Liability
To the maximum extent permitted by law:
- The Seller is not liable for any loss, damage, penalties, fines, or claims arising from the Buyer’s use of the Data
- The Seller is not responsible for any enforcement action taken against the Buyer by regulators, platforms, or third parties
8. Indemnity
The Buyer agrees to indemnify and hold harmless the Seller from any claims, penalties, investigations, or losses arising from:
- the Buyer’s use of the Data
- breaches of spam, privacy, or consumer laws
- unlawful marketing or communications conducted by the Buyer
9. Acknowledgement
By purchasing or accessing the Data, the Buyer acknowledges that:
- the Data is not a marketing list
- no consent is included
- lawful use of the Data is the Buyer’s responsibility
10. Governing Law
These Terms are governed by the laws of Australia, and the parties submit to the exclusive jurisdiction of the Australian courts.