The below governs your use of the DomainState.com website (Services). By using the Services, you are agreeing to be bound by these terms of service.
In order to utilize the Service you MUST agree to the applicable Terms of Service, which agreement is achieved by the use of this website.
See also DomainState Directory Listing Terms
Changes and Modifications
DomainState.com reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.
Service Levels and Access
We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability. Any loss of revenues during down times is neither covered nor recoverable.
Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid DomainState.com user account.
Notices shall be in the form an email, system message alerts or as a post on the DomainState.com.
By opening an DomainState.com account you agree to receive emails from DomainState.com and related entities. You have the ability to unsubscribe at anytime.
While the content of this website is designed to provide accurate and authoritative information regarding the subject covered, it is not intended as legal advice.
The DomainState.com cannot guarantee or warrant that the information on this website is accurate, complete, or up-to-date. Laws and procedures change frequently and are subject to differing interpretations. The Website is not intended as a substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.
DomainState.com makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. DomainState.com assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever caused in connection with using this Website. The FORUM may make changes to these materials at any time without notice.
Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.
Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.
Termination for Breach. DomainState.com may terminate and cancel your service with immediate affect if DomainState.com Client violates our Direct to Advertiser Services policies.
When do we collect personal data about you?
• When you visit our website.
• When you register on our website and use our products and services.
• When you interact with us in person, through correspondence, at events, by phone, or through our website.
• We may collect personal data if it is considered to be of legitimate interest, and if this interest is not overridden by your privacy interests. Before data is collected we make sure an assessment is made, ensuring that there is an established mutual interest between you and Trellian.
Why do we collect and use personal data?
We collect and use personal data mainly to perform customer service, direct sales, and direct marketing.
We may use your information for the following purposes:
• Send you marketing communications which you have requested. These may include information about our products and services, events, activities, and promotions. This communication is subscription based and requires your consent.
• Send you news and information about the products and services that you are using.
• Perform direct sales activities in cases where legitimate and mutual interest is established.
• Follow-up on incoming requests (customer support, emails, chats, or phone calls).
• Perform contractual obligations such as order confirmation, invoicing, payment reminders, and similar.
• Notify you about any disruptions to our services (system messages).
• Contact you to conduct surveys about your opinion on our products and services.
Our legal basis for collecting personal data
Collecting personal data based on consents
The collection of personal data based on consent from the data subject will be done by using “Consent Forms” that will store documentation related to the consent given by the individual. Individual consents will always be stored and documented in our systems.
Collecting personal data based on contracts
We use personal information for fulfilling our obligations related to contracts and agreements with customers and partners.
Collecting personal data based on legitimate interest
We may use personal data if it is considered to be of legitimate interest, and if the privacy interests of the data subjects do not override this interest. Normally, to establish the legal basis for data collection, an assessment has been made during which a mutual interest between Trellian and the individual person has been identified. This legal basis is primarily related to our sales and marketing purposes. We will always inform individuals about their privacy rights and the purpose for collecting personal data.
What type of personal data is collected?
If you are visiting our Site, we may collect and store the following information about you:
• Your IP address and actions taken
• The IP address of the website from which you linked directly to our Site
• The date and time you access our Site
• The browser you used to access our Site
• The operating system you used to access our Site
We use this information to help us make our Site more useful to visitors and clients.
We will not obtain any other personally identifying information about you when you visit our Site, unless you choose to provide such information to us.
If you use our online form to register to use our services, you will be required to provide us with your contact information and other personal information such as User ID, email address, and billing address. Depending on the services you use, you might also be required to provide your PayPal ID or credit card number, CCV and its expiration date in order to process your transactions.
Trellian does not collect or process any special categories of personal data, such as public unique identifiers or sensitive personal data.
How long do we keep your personal data?
We securely store personal data for as long as we find it necessary to fulfill the purpose for which the personal data was collected, while also considering our need to answer your queries or resolve possible problems, to comply with legal requirements under applicable laws, to attend to any legal claims/complaints, and for safeguarding purposes.
This means that we may retain your personal data for a reasonable period of time after your last interaction with us. When the personal data that we have collected is no longer required, we will delete it in a secure manner. We may process data for statistical purposes, but in such cases, data will be anonymized.
Rights to your personal data
You have the following rights with respect to your personal data:
• The right to request a copy of your personal data that Trellian holds about you.
• The right to request that Trellian corrects your personal data if inaccurate or out of date.
o If you are a customer or partner and you have registered a profile on our website, you may update your user profile by logging in and clicking your username in upper right corner of the webpage.
• The right to request that your personal data is deleted when it is no longer necessary for Trellian to retain such data, except data required for legal or accounting purposes.
• The right to withdraw any consent to personal data processing at any time. For example, your consent to receive emailed product news and promotional marketing communications:
o If you want to withdraw or modify your consent to receive various types of email news and marketing communications, please use the link included in the footer of our email to unsubscribe entirely or to change your email preferences.
o Please note that you may still receive system messages and administrative communications from Trellian, such as order confirmations, system messages, and notifications about your account status and activities.
• The right to request that Trellian provides you with your personal data and, if possible, to pass on some or all of this information directly (in an applicable format) to another data controller when the processing is based on consent or contract.
• The right to request a restriction on further data processing, in case there is a dispute in relation to the accuracy or processing of your personal data.
• The right to object to the processing of personal data, in case data processing has been based on legitimate interest and/or direct marketing.
Any questions about your Privacy Rights should be sent to email@example.com
This information is used to make our website work more efficiently, as well as to collect business, product and marketing information. Cookies and similar technologies help us tailor our website to your personal needs, as well as to detect and prevent security threats and abuse. If used alone, cookies and web beacons do not personally identify you.
Do we share your data with anyone?
We do not share, sell, rent, or trade your information with any third parties, except from what is described below:
Third-party Service Providers:
Trellian does not sell or provide to third parties any data derived from this service, aggregated or not that can be tied or linked to you personally or your account.
If required by law:
We will disclose your personal information if required by law or if we, as a company, reasonably believe that disclosure is necessary to protect our company’s rights and/or to comply with a judicial proceeding, court order or legal process. However, we will do what we can to ensure that your privacy rights continue to be protected.
If we make changes that significantly alter our privacy practices, we will notify you by email or post a notice on our website.
How to Contact Trellian
If you have any questions about the way your personal data is controlled and processed, please contact us.
6-8 East Concourse
BEAUMARIS, VIC 3193
Phone: + 61-3-9589-7946
Fax: + 61-3-9589-7951
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) concerned.
This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Above will comply with all applicable laws under this jurisdiction.
If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.