This email marketing system ("Service") is provided by EmailCampaigns.com of 4/171 Kingsgrove Rd Kingsgrove NSW 2208 Australia ("EmailCampaigns"). Title and ownership of the licensed software and copyright relating thereto are the exclusive property of EmailCampaigns.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "User" or "Users" shall refer to such entity. If you do not have such authority or if you do not agree with these terms and conditions, you must log out and may not use the Service.
As a part of the Service, EmailCampaigns provides Users with a browser interface and transmission, access and storage. At the request of Users, EmailCampaigns may also provide additional development services related to their use of the Service. Users may create a hyperlink for use on their Intranet/Internet to facilitate access to the Service.
Subject to the terms and conditions of this Agreement and for the duration of the User's active subscription, EmailCampaigns hereby grants to the User a non-exclusive, non-transferable, worldwide, limited license to use the Service. All rights not expressly granted to the User herein are expressly reserved by EmailCampaigns.
Users acknowledge that the use of this Service does not transfer or grant any intellectual property rights in respect of the material contained on the site or provided or made available within the Service. EmailCampaigns alone owns all right, title and interest in and to the technology, the content of the site, and the Service, including all related intellectual property rights.
The EmailCampaigns name, tagline and logo associated with the Service are trademarks of EmailCampaigns, and no right or licenses are granted to use them
EmailCampaigns may create templates using the User's image, logos, trademarks, or other branding elements, or other content as supplied by the User. The User hereby grants to EmailCampaigns for the purpose of providing the Service a non-exclusive, worldwide license to use, display and incorporate the User's content with and into the templates. By uploading the content to the site, the User represents and warrants that he or she is the owner of all proprietary rights in that content (or has been given a valid license from the owner of the proprietary rights in such content) and has obtained releases for all related privacy and publicity rights.
In addition, the User hereby transfers and assigns to EmailCampaigns any rights the User may have to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided relating to the Service.
The User acknowledges that he or she shall use the Service only as expressly authorized by EmailCampaigns. The User agrees that his or her use of the Service shall be in a manner consistent with all applicable laws and regulations, including trade secret, copyright and export control laws.
Without limiting the generality of the foregoing, the User shall not, nor shall permit or assist others:
By accessing the Service, the User:
The User agrees not to use the Service in a manner, or to transmit any material, that:
The User also acknowledges he or she:
EmailCampaigns provides remote technical support to Users via the Help Center, including email support, as well as access to Knowledgebase articles and video tutorials.
The User's access to the Service will begin on a trial basis when the User first agrees to use of the Service. Users who access the Service on a free trial basis shall still be bound by all terms of the Agreement.
Once the trial period expires or all the free email credits have been used, Users shall be subject to the Fees and Payments terms outlined herein if they wish to keep their account active.
After the trial period, Users may choose to purchase either a Contacts subscription or a Credits subscription.
Users may choose to change or cancel their subscription plan at any time without incurring any additional cancellation fees. However all EmailCampaigns subscriptions are pre-paid and non-refundable. Refunds will not be issued for a partial month or any remaining credits that are unused at the time a subscription plan is changed or cancelled.
After the trial period, Users must pay in advance for access to the Service by selecting a subscription plan. All fees are outlined on the EmailCampaigns website. Prices may change at any time at EmailCampaigns' sole discretion. If EmailCampaigns modifies its pricing, it will use reasonable efforts to notify Users prior to the effectiveness of any change.
Repeated importing and deleting of contacts in an attempt to circumvent EmailCampaigns' pricing structure is strictly prohibited and will be considered grounds for immediate cancellation of the User's account.
Payment for the Service shall be made with a valid credit card accepted by EmailCampaigns. All payments shall be made in USD. EmailCampaigns does not store Users credit card information. If for any reason a recurring charge cannot be completed on a previously activated subscription plan, the User's account will be disabled until valid credit card information has been provided.
All payments are non-refundable and non-transferable.
EmailCampaigns reserves the right to internally monitor User's usage of the Service and reserves the right to refuse or stop the transmission of any material that, in the opinion of EmailCampaigns, may breach any of these terms and conditions of use.
Users may choose to cancel their subscriptions at any time. Inactive trial accounts will be disabled after 60 days After an additional 90 days of inactivity, those trial accounts and any and all data stored within them will be permanently deleted.
EmailCampaigns also reserves the right to disable, suspend or delete the User's account without notice, should EmailCampaigns determine the User has violated the terms and conditions set forth herein. In the event an account is disabled, suspended or deleted by EmailCampaigns, the User is not entitled to a credit or refund for any unused portion of the subscription.
In the event that EmailCampaigns no longer offers the Service, EmailCampaigns may terminate this agreement upon 90 days advance written notice to the User and a refund of fees paid by the User for services that are not completed or functional.
The User is solely responsible for acquiring and maintaining technology and procedures for maintaining the security of its link to the Internet. As part of the Service, EmailCampaigns implements reasonable security procedures consistent with prevailing industry standards to protect User data from unauthorized access; provided, however, unless resulting from the failure of EmailCampaigns to perform the foregoing obligations, EmailCampaigns shall not under any circumstances be held responsible for situations where data or transmissions are accessed by third parties through illegal or illicit means, or where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to EmailCampaigns at the time. EmailCampaigns shall report to User any unauthorized access promptly upon discovery and work diligently to remedy any breach of security that permitted such access.
The User agrees to indemnify and hold EmailCampaigns and any of EmailCampaigns's related corporate bodies harmless from any claims or demands of third parties that arise out of the User's transmissions through the Service or the User's use of the Service, including any material provided or made available within the Service.
This Service is provided by EmailCampaigns on an "as is" basis. EmailCampaigns disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
EmailCampaigns does not warrant that this site will provide continuous, prompt, secure or error-free service. Nor do they make any warranty as to the reliability or accuracy of information, content, materials or products available on this site.
EmailCampaigns is a distributer of content entered by the User. EmailCampaigns exercises no editorial control over such content and makes no warranty or representations as to the reliability, currency or accuracy of such content.
Further, the User agrees that the Internet is not established or maintained by EmailCampaigns, and EmailCampaigns is not liable for any limitation, delay, discontinuance or other problem inherent in the use of the Internet or possible regulation of the Internet that might restrict or prohibit the operation of the Service, nor is EmailCampaigns responsible for any delivery failures or other damage resulting from such problems.
In no event shall either party's aggregate liability, if any, exceed the total fees payable by the User for the twelve (12) months immediately preceding the claim for such liability. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the Service, including but not limited to the use or inability to use the Service, or for any content obtained from or through the Service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought has been previously advised of the possibility of such damages. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, in which case the exclusions set forth above may not apply in those states/jurisdictions.
With respect to U.S. customers, the above terms and conditions of use shall be governed by Delaware law and controlling United States federal law, without regard to the choice of conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.
With respect to non U.S customers, the above terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The User and EmailCampaigns agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia in any case, controversy, action or proceeding related to the use of this site and/or of the Service.
No joint venture, partnership, employment, franchise or agency relationship exists between the User and EmailCampaigns, nor shall either party be authorized to bind the other in any way.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
In the event of litigation relating to the subject matter contained herein, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting thereof.
EmailCampaigns reserves the right to modify the terms and conditions of use or its policies related to the Service at any time, effective upon posting of an updated version of this Agreement on the site. The User is responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute consent to such changes.