Before we get started

We want PDQ to be clear and straightforward to use. The terms below explain how the service works, what you can expect from us, and what we ask of you in return. They’re written to protect everyone and keep things running smoothly.

PDQ Delivery – Terms and Conditions

Owned and operated by Asporea Digital
Effective Date: 11 December 2025

These Terms and Conditions govern your use of the PDQ Delivery platform and services provided by Asporea Digital (“we”, “us”, “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Definitions

  • Account – A user profile registered to access the PDQ Delivery platform.
  • Content – Any material uploaded, stored, created or distributed using the Service, including subscriber data, message content and files.
  • Service – The PDQ Delivery email marketing and communication platform at https://pdq.delivery.
  • Subscriber – An individual whose email address or personal data you store or contact through the Service.
  • User / You – The individual or organisation using PDQ Delivery.

2. Eligibility and Registration

  1. You must be at least 18 years of age and legally capable of entering binding agreements.
  2. You must provide accurate registration information and keep your Account details current.
  3. You are responsible for safeguarding your login credentials and all activity under your Account.
  4. We may decline or terminate Accounts that present risk, violate policies, or appear fraudulent.

3. Service Plans, Free Tier and Fees

  1. PDQ Delivery offers:
    • Free Tier with limited features and usage allowances.
    • Paid Plans with expanded functionality, higher sending limits and additional features.
  2. Plan details, pricing and limits are published on our website and may change from time to time.
  3. Fees for Paid Plans are charged in advance and renew automatically unless cancelled.
  4. All fees are non-refundable except where required under Australian Consumer Law.
  5. You authorise automatic billing to your chosen payment method.
  6. Failure to pay fees may result in suspension or termination of service.
  7. Prices are in Australian dollars and exclusive of GST unless stated otherwise.

4. Compliance with Australian Law

You must comply with all applicable laws, including:

  • Spam Act 2003 (Cth)
  • Privacy Act 1988 (Cth)
  • Australian Consumer Law (ACL)
  • ACMA eMarketing and spam guidelines
  • Any other relevant federal, state or international laws applying to your communications

You warrant that:

  • Every Subscriber on your list has provided valid, informed consent to receive your communications.
  • You maintain accurate records of consent.
  • You include a functional unsubscribe mechanism in every message.
  • You honour unsubscribe and privacy requests promptly.

You acknowledge that non-compliance may result in regulatory fines, investigations, civil penalties and legal action.

5. Acceptable Use Requirements

You must not use PDQ Delivery to:

  • Send unsolicited emails or communications without valid consent.
  • Send deceptive, illegal, defamatory, discriminatory or harmful material.
  • Upload lists acquired by purchasing, renting, scraping or harvesting.
  • Transmit malware, harmful code or conduct phishing activities.
  • Misrepresent your identity or impersonate others.
  • Interfere with or disrupt platform operation or security.
  • Upload prohibited sensitive data unless legally permitted.

We may suspend or terminate your Account immediately for violations.

6. Your Content and Responsibilities

  1. You retain ownership of your Content.
  2. You grant us permission to process, store and transmit Content solely to operate the Service.
  3. You are solely responsible for the legality, accuracy and compliance of your Content.
  4. You acknowledge that email delivery depends on third-party infrastructure and may not reach all recipients.

7. Data Protection and Privacy

  1. All personal information is handled in accordance with our Privacy Policy and the Privacy Act 1988.
  2. You must implement reasonable measures to protect Subscriber data.
  3. You are responsible for compliance with international privacy laws affecting your recipients, where applicable.
  4. You must notify us without delay if you suspect unauthorised access or data breaches.

8. Third-Party Systems and Deliverability

  1. The platform relies on infrastructure supplied by third-party providers.
  2. We do not guarantee delivery times, inbox placement or deliverability performance.
  3. We may rate-limit or block sending where required to protect system stability or reputation.

9. Suspension and Termination

  1. We may suspend or terminate your Account if you:
    • Breach these Terms.
    • Submit abusive or unlawful Content.
    • Harm system performance or reputation.
    • Fail to pay Fees.
    • Trigger regulatory concerns.
  2. Upon termination, access to your Account will cease and your Content may be deleted after a reasonable period.

10. Intellectual Property

  1. All software, trademarks, branding, design and platform components belong to Asporea Digital.
  2. You must not reverse-engineer, modify or reuse the platform without written permission.

11. Service Availability

  1. The Service is provided on an “as available” basis.
  2. Outages, maintenance and interruptions may occur.
  3. We do not accept liability for interruptions beyond our reasonable control.

12. Consumer Guarantees

  1. Nothing in these Terms limits your rights under the Australian Consumer Law.
  2. Where permitted, our liability for non-major failures is limited to:
    • Re-supplying the Service; or
    • Paying the cost of having the Service re-supplied.

13. Disclaimer of Warranties

  1. We do not warrant that the Service will be uninterrupted, error-free or perfectly secure.
  2. We do not guarantee the results of any email campaign, including performance metrics or delivery outcomes.

14. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, special or consequential damages.
  • We are not liable for lost profits, revenue, goodwill, data or business interruption.
  • Our total aggregate liability is limited to the greater of:
    • The amount you paid us in the preceding 12 months; or
    • AUD 100 for Free Tier users.

15. Indemnity

You indemnify Asporea Digital from all claims, losses, penalties, damages, costs or legal fees arising from:

  • Your Content.
  • Your breach of these Terms.
  • Subscriber complaints.
  • Regulatory action under the Spam Act or Privacy Act.
  • Misuse of the Service.
  • Your failure to maintain lawful consent.

16. Amendments

We may update these Terms at any time. Updates take effect once published on our website. Continued use of the Service indicates acceptance.

17. Governing Law

These Terms are governed by the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales where Asporea Digital is registered.