- Your Relationship with Sendsafe
1.1Your use of Sendsafe products, software, services and web sites; referred to collectively as the Services in this document; and excluding any services provided to you by Sendsafe email under any other separate written agreement, is subject to the Terms of this agreement between you and Sendsafe(Agreement)
1.2 In this Agreement, Sendsafe means Sendsafe email Pvt Ltd. Perth, WA, Australia.
1.3 Your use of the Services by accepting the Terms of this Agreement, makes you a Member of Sendsafe.
- Acceptance of Terms
2.1 For you to use the Services as a Member, you must first agree to the Terms. You may not use the Services, if you do not accept the Terms.
2.2 You can accept the Terms by:
(a) clicking to confirm you have read the Agreement, and that you accept and agree to the Terms, where this option is made available to you by Sendsafe in the user interface for any Service; or
(b) by actual use of the Services without prior acceptance under 1.3. In this case, you understand and agree that Sendsafe will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 It is the responsibility of every user of Services, who has for any reason thereby become a Member, but without accepting and agreeing to the Terms at time of becoming a Member: to read and agree with the Terms of the GTC, a copy of which can also be accessed at the bottom of each Sendsafe website page; or to immediately close the Sendsafe Account of Member..
2.4 Before you continue, you should print off or save a copy of these General Trade Conditions for your records.
- Language of Terms
3.1 Where Sendsafe has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that only the English language versions of the Terms will define your relationship with Sendsafe
3.2 If there is any variation or conflict in meaning between the English language version of Terms and any other language translation, then the English language version shall take precedence.
- Provision of Sendsafe email Services
4.1 Sendsafe may have affiliated legal entities (subsidiaries and affiliates), which from time to time may provide Services on behalf of Sendsafe. You acknowledge and agree to accept Services from such subsidiaries and affiliates upon the Terms of this GTC
4.2 Sendsafe constantly upgrading Services so as to provide the best possible experience for its users. You acknowledge and agree to accept such upgrades and changes of Services which Sendsafe email may provide without prior notice to you.
4.3 As part of continuing improvement to Services, you acknowledge and agree that Sendsafe may stop, permanently or temporarily, providing Services, or any features within the Services, at Sendsafe sole discretion and without prior notice.
4.4 You acknowledge and agree that if Sendsafe disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Sendsafe may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Sendsafe email from time to time, and at Sendsafe sole discretion.
- Use of Services
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Sendsafe will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by
(a) the terms and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction of your residency
5.3 You agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by Sendsafe unless you have been specifically allowed to do so in a separate agreement with Sendsafe. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts or web crawlers, and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services, or the servers and networks which are connected to the Services.
5.5 Unless you have been specifically permitted to do so in a separate agreement with Sendsafe you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible, and that Sendsafe has no responsibility to you or to any third party, for any breach of your obligations under the Terms, and for the consequences, including any loss or damage whichSendsafe may suffer, from any such breach.
- Your Password and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Sendsafe for all activities that occur under your account.
- Privacy and Your Personal Information
Sendsafe Referral Program
I. Signup Offer of Rs. 50/- ends on 19.04.2018 12.00 Noon.
II. Changed Signup offer of Rs. 10/- ends on 20.04.2018 10.00 AM.
III. Redeem Offer Valid until 23-4-2018 12 Noon.
IV. Left over credit points are carry over points and can be used with the next offer.
- Content of Services
8.1 You understand that all information: such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images; to which you may have access to as part of or through your use of the Services, is and remains the sole responsibility of the person from whom such Content originates. Such information is referred to below as 'Content'.
8.2 You are aware that Content presented to you as part of the Services including, but not limited to, advertisements and sponsored Content within the Services, may be protected by intellectual property rights of sponsors or advertisers who provide such Content to Sendsafe or by other persons or companies on their behalf.
8.3 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part, unless you have received formal and separate agreement do so by Sendsafe or by the owners of such Conten. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own discretion.
8.4 You agree that you are solely responsible, and that Sendsafe has no responsibility to you or to any third party, for any Content that you create, transmit or display while using the Services, and for the consequences of your actions, including any loss or damage which Sendsafe may suffer, by doing so.
- Proprietary Rights
9.1 You acknowledge and agree that Sendsafe; or Sendsafe licensees, advertisers or sponsors; own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, whether those rights are registered or not and wherever in the world those rights may exist. You further acknowledge that the Services may contain information which is designated confidential by Sendsafe and that you shall not disclose such information without Sendsafe email prior written consent.
9.2 Unless you have agreed otherwise in writing with Sendsafe nothing in the Terms gives you a right to use any of Sendsafe trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Sendsafe then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and Sendsafe brand feature usage guidelines as updated from time to time.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trade mark notices, which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorized to do so in writing by Sendsafe you agree, that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Sendsafe License
10.1 Sendsafe gives you a personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the Software provided to you by Sendsafe as part of the Sendsafe services (referred to as the Software below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sendsafe in the manner permitted by the Terms.
10.2 You may not, and you may not permit anyone else, to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Sendsafe inwriting.
10.3 Unless Sendsafe has given you specific written permission to do so, you may not assign, or grant asub-license of, your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Content Member License
11.1 You retain copyright and any other rights that you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content you give Sendsafe a perpetual, irrevocable, worldwide, royalty-free and non- exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling Sendsafe to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Sendsafe to make such Content available to other companies, organizations or individuals with whom Sendsafe has relationships for the provision of syndicated services and to use such Content in connection with the provision of those services.
11.3 You understand that Sendsafe, in performing the required technical steps to provide the Services to our users, may
(a) transmit or distribute your Content over various public networks and in various media and
(b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Sendsafe to take these actions.
11.4 You confirm and warrant to Sendsafe that you have all the rights, power and authority necessary to grant the above license.
- Software Updates
The Software which you use may automatically download and install updates from time to time from Sendsafe. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates, and permit Sendsafe to deliver these to you, as part of your use of the Services.
- Sale and Purchase of Sendsafe Email Services
13.1 You acknowledge and agree that Sendsafe has the sole and exclusive right to sell the proprietary Sendsafe Email Services (Products) as shall be offered in the Sendsafe shop (Shop), and where such Products may be purchased only by Members
13.2 You acknowledge and agree that you shall purchase Products exclusively through theSendsafe Shop.
13.3 You are therefore aware that you are excluded from purchasing any Product in your own name, where ownership of the Product is transferred, or intended to be transferred, to a third party
13.4 Sendsafe makes no Warranties, accepts no Liabilities and offers no Indemnities in regard to any Product purchased in any other way
13.5 Email reserves the right to terminate Services for any person selling Sendsafe Products, and to refuse Services to any person having purchase a Product other than in the Sendsafe Shop
- Ending your Relationship with Sendsafe.
14.1 The Terms will continue to apply until Membership or Affiliate Status is terminated by either you or Sendsafe as set out below.
14.2 If you decide to terminate your legal agreement with Sendsafe you may do so by closing your Sendsafe Member account for all of the Services used by you: with formal notice to Sendsafe address or email account as found under "About Sendsafe" located at the bottom of the Sendsafe website pages
14.3 If as an Affiliate you terminate your legal agreement with Sendsafe, you will not be able to re-join the Affiliate Program for a period of 6 months, and acceptance of your new registration is entirely at Sendsafe discretion
14.4 AsaMember you may not transfer Services under this Agreement to any other person or corporate entity
14.5 As an Affiliates your Account may be transferred on Terms as detailed in the appended Independent Affiliate Program
14.6 Sendsafe may at any time, terminate its legal agreement with you if:
(1) you have breached any provision of the Terms, or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms; or
(2) Sendsafe is required to do so by law, for example, where the provision of the Services to you is, or becomes, unlawful; or
(3) any subsidiary, affiliate or other partner with whom Sendsafe is offering Services to you, has terminated the relationship with Sendsafe or ceased to offer the Services to you; or
(4) Sendsafe decides or is required, to no longer providing the Services to users in the country in which you are resident or from which you use the Service; or
14.7 Nothing in this section shall affect Sendsafe rights regarding provision of Services under Section 4 of the Terms.
14.8 When these Terms come to an end, all of the legal rights, obligations and liabilities, that you and Sendsafe have benefited from, have been subject to, or which have accrued over time whilst the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
- Copyright and Trade Mark Policies
It is Sendsafe policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law, and to terminate the accounts of repeat infringers.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions.
16.2 The manner, mode and extent of advertising by Sendsafe on the Services are subject to change without specific notice to you.
16.3 In consideration for Sendsafe granting you access to and use of the Services, you agree that Sendsafe may place such advertising on the Services, with the exception where you have entered into a written agreement with Sendsafe, or have purchased any additional Services that provide control over third party advertising within your Services
- Other Content
17.1 The Services may include hyperlinks to other web sites or content or resources. Sendsafe may have no control over any web sites or resources which are provided by companies or persons other than Sendsafe
17.2 You acknowledge and agree that Sendsafe is not responsible for the availability of any such external sites or resources, and that Sendsafe does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that Sendsafe is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Changes to the Terms
18.1 Sendsafe may make changes to the General Trade Conditions from time to time. When these changes are made, Sendsafe will provide a copy of the amended General Trade Conditions as shall be made available on the Sendsafe website.
18.2 You understand and agree that if you use the Services after the date on which the General Trade Conditions have changed, Sendsafe will treat your use as acceptance of the updated Agreement and related Terms.
- General Legal Terms
19.1 On occasion while using the Services, you may; as a result of, or through your use of the Services; use a service, download software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The General Trading Terms constitute the sole and whole legal agreement between you as Member and, if registered, Affiliate and Sendsafe, and govern your use of the Services, but excluding any services which Sendsafe may provide to you under a separate written agreement, and replaces any prior agreements in any form between you and Sendsafe in relation to the Services.
19.3 You agree that Sendsafe may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if Sendsafe does not exercise or enforce any legal right or remedy which is contained in the Terms, or which Sendsafe has the benefit of under any applicable law, this will not be taken to be a formal waiver of Sendsafe rights, and that those rights or remedies will remain available to Sendsafe
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which Sendsafe is the parent, or any successors, shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on, or rights in favour of, them. No person or company other than these shall be third party beneficiaries to the Terms.
- Legal Obligations & Indemnities 20.1 Member accepts and agrees that Member has no authority to bind Sendsafe to any obligation other than the obligations expressly set out in the GTC and the appended IAP, and that Member shall hold Sendsafe harmless in relation to all claims made against Member by any third party arising out of any breach by Member of any the Terms and Conditions of the GTC
20.2 Member indemnifies and agrees to hold Sendsafe, including but not limited to; directors, officers, shareholders, employees, subsidiary or parent companies, members, affiliates, licensees, sponsors, agencies, partners and agents; harmless in all claims, costs, damages, expenses, liabilities, losses and legal fees, resulting from or arising out of, or in any way connected with, any Sendsafe webpage of Member, and/or any mistakes or alterations in information provided to Sendsafe through the Sendsafe website..
20.3 Member accepts and agrees that all data provided by Member to Sendsafe, in registering for membership and as contained in your Sendsafe website Profiles; including but not exclusively, name, address, phone number and e-mail address, shall be retained for future use by Sendsafe. Member further accepts and agrees that Member shall keep such data current at all times.
- EXCLUSION OF WARRANTIES 21.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT SENDSAFE WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'.
21.3 IN PARTICULAR, SENDSAFE , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSEES AND SPONSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(1) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS,
(3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
21.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
21.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENDSAFE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
21.6 SENDSAFE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- LIMITATION OF LIABILITY
22.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SENDSAFE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSEES AND SPONSORS, SHALL NOT BE LIABLE TO YOU FOR:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH SENDSAFE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES, OR ANY FEATURES WITHIN THE SERVICES;
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE SENDSAFE WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
22.2 THE LIMITATIONS ON SENDSAFE LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT SENDSAFE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Company Registration Details Sendsafe is a privately owned Australian company, duly incorporated as Sendsafe Email Pty Ltd, and located in Western Australia.
- Governing Law The Terms of this Agreement, the Independent Affiliate Plan, and the use of Sendsafe intellectual property as appended, shall be construed, subject to, and enforced under, the Laws of the Western Australia. Sendsafe Email Pty Ltd February 2016.