Terms & Conditions of Data Use

Farmers Australia Pty Ltd is the database owner and offers the data to be used for marketing communications campaigns.

Farmers Australia Pty Ltd will supply the Data to end users in a timely and legally compliant manner, in line with industry standards.

The contact record within the supplied data is to be used as outlined in the agreement that has been made between the data owner and the end user.

The supplied Data can only be used with campaign material that is approved by the Data Owner, such approval to be obtained by Farmers Australia prior to the use of the data.

The supplied Data will be seeded by Farmers Australia with mock records to detect, and facilitate protection, against mis-use by end user.

Farmers Australia undertakes that these mock records will be replaced with accurate records - so that the total amount of Data provided corresponds to the quantity stated on the agreement.

The second, and subsequent, sharing of campaign material by the End-User with the Contact will constitute a breach of this agreement and subject end user to additional costs according to Clause 9 of this Agreement.

The additional costs for mis-use of this data is to upgrade ONE time use costs to a lifetime usage licence cost as outlined in teh Farmers Australia List Profile.

Farmers Australia accepts no responsibility for the success or failure of the end user's marketing communications campaign.

Farmers Australia accepts no liability in the context of the accuracy or deliverability of the database. However, Farmers Australia will use its best endeavours to ensure that the database is accurate.

Farmers Australia shall deliver the Data in accordance with the stated deadline.

This agreement is binding, and a data order will be made on receipt of this agreement. Subsequent cancellations incur a fee of 50% of the total costs stated in the end user's agreement.

In the supplied Data, the same Contact may be represented by two different phone numbers or email address (“duplication”). In this case, Farmers Australia will undertake de-duplication within the supplied Data. Nevertheless, it is acknowledged that duplication may still occur within the supplied Data, in which case Farmers Australia will refund to end user Limited the cost of that record or replace a duplicated record with another record.

Data will be delivered in MS Excel format in a password protected file.

The "Non-Connects Rebate" offered refers to the amount of supplied telephone numbers that are unusable. Unusable is defined as the phone number returns a disconnected signal or the supplied consumer is not the person that accepts the call. Non-Connects information must be supplied to Farmers Australia within 60 days of data delivery. Rebates, if applicable, will only be processed if this deadline is met. Rebates are calculated at the cost per record rate for all unusable telephone numbers that exceed the Non-Connect Rebate rate quoted in this agreement.

The "Hard-Bounce" Rebates offered refers to the amount of supplied email addresses that are unusable. Unusable is defined as the email address is undeliverable and reports back as a "Fatal Error or Hard Bounce" or the supplied consumer is not the person that accepts the email. Hard Bounce information must be supplied to Farmers Australia within 60 days of data delivery. Rebates, if applicable, will only be processed if this deadline is met. Rebates are calculated at the cost per record rate for all unusable email addresses that exceed the Hard-Bounce Rebate rate quoted in the end user agreement.

The "RTS Rebate" offered refers to the amount of supplied postal mail records that are unusable. Unusable is defined as the postal mail is returned to the end- user by the postal service or the supplied consumer is not the person that accepts the postal mail. RTS information must be supplied to Farmers Australia within 60 days of data delivery. Rebates, if applicable, will only be processed if this deadline is met. Rebates are calculated at the cost per record rate for all unusable postal mail records that exceed the RTS Rebate rate quoted in the end user agreement.

Farmers Australia limits its liability for inaccurate records to (a) the cost of the record or (b) the replacement of each inaccurate record with an accurate record only.

It is a requirement under the Australian Privacy Act 1988 that all requests from consumers for suppression are stored by end user and removed from future communications.

Farmers Australia warrants that the Data is compliant with all relevant legislation – as such any comments by the consumers about the source of their contact details are to be passed back to the Farmers Australia for response to the consumer.

Farmers Australia will validate the Data against the Do Not Call Register prior to delivery to ensure that only telephone numbers that are not on the register will be delivered.

Farmers Australia represents, warrants and undertakes that the delivered data will be compliant for outbound calling in compliance with the Telecommunications Act for 30 days after the date of delivery.

Payment of outstanding invoices is required before subsequent data deliveries.

Farmers Australia represents, warrants and undertakes that: (a) it will obtain all legally required consents for the sharing of the Data with end user, and that it provides the Data in accordance with all applicable laws and regulations, (b) it will ensure its provides its services to the reasonable satisfaction of end user, and performed with due diligence, reasonable skill and care and in accordance with best industry practice at all times.