Terms of Service
When you join you are bound by these terms and conditions, so we encourage you to read and understand them.
One of the most common misconceptions about Email88 is that it is ok to join or use Email88 on behalf of a family member or friend. This is not true.
If you join or sign in on behalf of someone else, both your own account and their account may be cancelled and both of you will lose any pending prizes or rewards.
Do not allow anyone else to sign in to your account. Do not sign in to any account other than your own. You can only have one Email88 account.
Owning more than one account or signing in on behalf of someone else is also an offence under Section 192G of the Crimes Act (NSW) 1900, or the equivalent in other States. Severe penalties apply for opening or operating membership accounts on behalf of other people, and for creating fraudulent membership accounts.
1.1. Owner of the Service
The Email88 Service and the Email88 web sites (referred to hereafter as 'the Email88 Network' or 'the Network') are owned and operated by Permission Digital Pty Ltd (referred to hereafter as 'Email88', 'we', 'us' or 'our').
1.2. Acceptance of the Terms of Service
Your membership of the Service is conditional upon your express agreement to, acceptance of and compliance with these Terms of Service, as well as agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on the Email88 Network.
The submission of your Email88 membership application constitutes your acceptance of these Terms of Service.
1.3. Changes to the Terms of Service
We reserve the right to vary these Terms of Service by providing 30 days notice on this website. Because as a member of the Service you will continue to be bound by these Terms of Service, you should periodically refer to them here to review any changes.
1.4. Changes to the Service
We reserve the right to vary the specifications, rates, rewards, rules, conditions and content of any aspect of the Service and Network at any time without notice.
1.5. Content of the Network
Whilst we make every effort to ensure information or content published on the Network by us is accurate and complete, we make no guarantee that it is, and cannot be held responsible for any errors or omissions in any such information or content.
Any dated information or content published by us on the Network is current at the time of publication, and we are not obliged to update or amend any such information or content.
2. Eligibility and Conditions of Membership
These conditions of membership are the primary, but not the only conditions of membership. We reserve the right to terminate your membership of the Service if you breach or fail to comply with any of the following conditions of membership:
2.1. Eligibility to join the Service
2.1.1. To be eligible to join the Service, you must:
- be 18 years of age or over; or
- if you are between 10 and 17 years of age, you must have a parent's or guardian's permission to join.
Individuals 9 years of age or below are not eligible to join Email88.
2.1.2. You must be a resident of Australia to be eligible to join the Service.
2.2. Joining and using the Service
2.2.1. You may only apply for and use one membership.
2.2.2. You must not join nor use the Service on behalf of any other individual, including a family member.
2.2.3. You must not allow any other individual to use the Service on your behalf.
2.2.4. A maximum of 5 memberships per household applies.
2.2.5. A maximum of 5 memberships per postal address applies.
2.3. Registered email address
2.3.1. You must provide a valid email address (referred to as the 'registered email address') when you register to become a member. For your membership to be considered active and valid, you must validate your registered email address by clicking on a link within an email we send to you after registration.
2.3.2. The email address you provide when you register must be an active email address in regular use by you.
2.3.3. If you ever discontinue use of the registered email address, for your membership to remain active you must advise us of a new, active email address that you regularly use. You can advise us of a new email address in the Account Settings section of this web site. You will be required to re-validate your new registered email address.
2.3.4. Your registered email address must not be the registered email address of any other member of the Service.
2.4. Personal information
2.4.1. You must provide us with information about yourself, and you agree to us keeping a record of that information for as long as you remain a member of the Service. You may be required to provide personally identifiable information in the Account Settings section of this web site. You may be required to provide information about you that does not personally identify you in the Membership Survey section of this web site.
2.4.2. The information you provide to us must be complete, current, correct, valid and truthful.
2.4.3. You must keep the information that you have provided to us current and up-to-date by periodically reviewing and updating the information provided. You can do this using the Account Settings and Membership Survey sections of this web site.
2.5. Accuracy, honesty and integrity
At all times in your dealings with Email88 and its partners and suppliers you must act with integrity and honesty.
2.6. Unlawful use, hacking, tampering and using automated scripts
2.6.1. You must not use the Network or Service in a way that is or for any purpose that is unlawful.
2.6.2. You must not use the Network to engage in any kind of hacking, tampering, spoofing or abuse of any system or computer network.
2.6.3. You must not engage in any kind of hacking, tampering, spoofing or abuse of the Email88 Network and any aspects of the Service.
2.6.4. You must not use a script, robot, software program, or other system that operates the Network or Service on your behalf and outside of the intended use of the Network or Service, whether it be to click links automatically, or otherwise interfere with the normal operation and security of the Network or Service.
2.6.5. If you breach any of the conditions above, your membership will be cancelled and you may be prosecuted for damages or expenses arising directly or indirectly out of your actions.
2.6.6. We are under no obligation to monitor any person’s use of the Network or Service, however we reserve the right to monitor the Network and Service and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.
3. Privacy and Security
3.2. Personally identifiable information
3.2.1. The information you provide in the Account Settings section of the Email88 web site includes personally identifiable information, such as your name, your email address, your residential address, and your postal address.
3.2.2. Your personally identifiable information may be shared with a third party if you explicitly consent to it. For example, when you join Email88, you may be given the option to join a third party web site by ticking a check box. If you tick the relevant box you are giving your consent for Email88 to share your personal information with that third party. You are also agreeing to be bound by the terms and conditions that apply to membership of that web site. Choosing to join these third party web sites is completely optional; it is not a requirement for joining Email88.
3.2.3. Your personally identifiable information may be shared with a third party if it is required by law. For example, if we receive a lawful direction or request from a law enforcement authority in any jurisdiction we may disclose your identity and personally identifiable information to that authority.
3.2.4. Your personally identifiable information may be shared with a third party (for example a supplier or partner of ours) if it is necessary for us to process a transaction that you request us to process, or if you opt-in to a service or feature where we outsource some aspects of the provision of that service or feature. For example, if you are the winner of a $100 prize, we may share your postal address with a cheque processing company that sends the prize cheque to you on our behalf. In all cases where personally identifiable information is shared with a third party, the sharing of such information is covered by strict legal agreements that prevent the third party from using that information more than once, or for any purpose beyond what is allowed for in the agreement.
3.3. Third parties
Sometimes you may be directed to a web site where an advertiser asks you to provide your personal information. It is your choice whether to provide your personal information to that third party. We cannot be held responsible for the privacy practices or actions of any third party.
3.4. Membership Survey information
The information you provide in the Membership Survey section of the Email88 web site is information about you that cannot be used to identify you personally (such as your age, gender, postcode, education, background, preferences, habits, etc.) This Membership Survey information is used by us to ensure that you only receive emails appropriate to you, and to allow our clients to reach the particular type of people they are targeting with their advertisement.
The information in your Membership Survey is never shared with any third party in a way that can be used to personally identify you. It is only shared with third parties on an aggregate basis. 'Aggregate basis' means the information of many members is combined together to form one measurement or quantity that cannot be used to identify any particular person. For example, a client may be told that their advertising campaign is going to be received by 1,000 members between 18 and 30 years of age, and received by 2,000 members between 31 and 40 years of age.
We will take all reasonable precautions and measures to maintain the security and privacy of your personal information. This includes using the very best in hardware, software, and security practices available to us. However, due to the nature of the Internet and the nature of the systems and technology available at the current time, it is unfortunate that breaches of security are still possible. Therefore we cannot guarantee that your information will be completely secure, and we cannot be held liable for any loss or damage arising out of a breach of security.
3.6. Account password
You must keep your account password confidential at all times. You are responsible for all transactions made on the Network with your password. We are not liable for any loss or damage arising out of the unauthorised use of your password.
4. Communications from Us
4.1. Service emails
4.1.1. When you join the service you give us consent to send you emails, that are necessary for us to continue to provide the Service to you. These emails (referred to as 'service emails') may include:
- verification or validation emails;
- account statements;
- important information or notices about the Service and your use of the Service;
- responses to a customer service enquiry you have made;
- notification or confirmation of any transaction you initiate;
- requests for additional information from you;
4.1.2. You may unsubscribe from receiving service emails by terminating your use of the Service and cancelling your membership.
4.2. Advertising emails
4.2.1. By joining the Service you give us consent to send you commercial advertising messages via email. These may consist of either an advertisement within an email, or a notification email with a link to the Email88 web site where you may view an advertisement. Each time you receive an Email88 advertising email or notification email, you will be eligible to participate in a game of skill to win a prize.
4.2.2. We make no guarantee or representation as to the minimum number of advertising emails you will receive from us.
4.2.3. You may unsubscribe from receiving advertising emails by terminating your use of the Service and cancelling your membership.
5. Games and Prizes
5.1. Each time you receive an Email88 advertising email or notification email, you will be eligible to participate in a game of skill to win a prize. To play the game you must click on the link in the email to set your rank, based on the time of your click, amongst all members who are recipients of the email. After your first click, if you are not a winner you also have a second attempt to set your rank by clicking on the Second Attempt button displayed.
5.2. Prizes will be awarded to the recipients of the email that clicked and ranked 8th, 88th, 888th, and 8888th. If less than 8888 recipients click the link, no prize will be awarded for position rank 8888th. If less than 888 recipients click the link, no prize will be awarded for position rank 888th.
5.3. We reserve the right to vary the value of prizes on offer at any time. Any variation to the value of prizes on offer will be notified on the Email88 web site with 7 days notice.
5.4. If you are notified that you are a winner, however our records indicate that this was due to a computer error, network error or human error, then you acknowledge and agree that the winning notification is null and void and that no prize will be awarded. Where the total value of any prizes related to such an error is more than $2,000, we will appoint an independent auditor to investigate the error and make a determination on the award of prizes.
6. Third Party Web Sites and Advertisements
The Email88 Network and the emails sent by us contain advertisements and links to web sites operated by third parties or their licensees or contractors. Third party links and advertisements are paid for by the relevant third party and are not a recommendation or endorsement by us or our affiliates or our respective employees. We make no express or implied warranties in relation to the content of these advertisements or web sites, including the accuracy, completeness, reliability or suitability of the web sites or the products and services advertised for any purpose.
In some instances, the advertisement or web site linked will contain representations or offers by the third party which you can accept by executing the relevant transaction. You acknowledge that such offers are not made by us, and the third party is solely responsible to you for the delivery of any goods or services obtained from the third party.
If you have an enquiry or complaint about a particular advertisement, link, or email, you may contact us. We will endeavour to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the owner of the web site or advertisement directly.
All content and material on the Email88 web site and Network and sent to you in an email by Email88 is protected by Australian and international copyright law, and may also be protected as a trade mark, service mark, or under other rights and laws.
Except for the creation of a temporary copy on your computer which is inherent to the process of the normal use of the Network or Service, the content and material referred to above may not be copied, reproduced, published, stored in a retrieval system, altered or otherwise used in any form or by any means, in whole or in part, without our prior written approval, or the approval of the relevant copyright owner.
8. Disclaimer of Warranty
You acknowledge that you have not relied upon or been induced by any representation by us and that we make no warranty or representation as to:
- the results that may be obtained through membership of the Service;
- the accuracy, reliability or otherwise of any information obtained through membership of the Service;
- the financial or other rewards which may be obtained through membership of the Service;
- the Service or Network being uninterrupted, timely or error free;
- the goods and/or services purchased or obtained through the Service or Network, including goods and or services offered by third parties, except where expressly indicated.
9. Limitation of Liability
You release Email88, its parents, subsidiaries, and its officers, employees, agents and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
- any advertising emails or survey invitation email sent to you;
- your membership of the Service;
- your use of or inability to use the Email88 Network;
- the quality of goods and/or services purchased by you;
- any dispute with a supplier of goods and/or services.
You indemnify and keep indemnified Email88, its parents, subsidiaries, and its officers, employees, agents and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits caused by or arising out of or consequential upon your membership of the Service or your use of the Network.
These Terms of Service are effective and in force until terminated by us. We may terminate these Terms of Service at any time without notice.
11.2. Cancellation by us
We reserve the right to cancel your membership and terminate your use of the Service at any time, without cause or reason, and without notice. Specifically, we may cancel your membership and terminate your use of the Service, without notice, if you:
- breach or violate any conditions or requirements in these Terms of Service;
- act against the business interests or reputation of Email88 or its affiliated organisations and clients.
We reserve the right to cancel your membership and terminate your use of the Service, with 7 days notice, if your membership account becomes inactive through non-use over a period of 12 months. To prevent your membership account from becoming inactive, it is sufficient to simply sign in to the Email88 web site on a regular basis.
11.4. Cancellation by you
You may choose to terminate your obligations under these Terms of Service at any time by cancelling your membership of the Email88 Service. This can be done in the Account Settings section of this web site. You will be required to enter your password in order to cancel your membership.
11.5. Cancellation is final
If your membership is cancelled, the cancellation is final and your membership cannot be re-activated.
11.6. Forfeit of rewards
If your membership is cancelled, you will forfeit all outstanding prize payments and rewards.
11.7. Refusal of application
We reserve the right to refuse your application to join the Service again if we have ever cancelled your membership of the Service in the past.
If any part of these Terms of Service is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of these Terms of Service.
13. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.