TERMS & CONDITIONS
The Zap Email Marketer is owned and
operated by Zap Enterprises Pty Ltd, ACN 098 832 798.
Reference to “Customer” in this document
is you, the person subscribing to this service.
Zap Email Marketer (the "Services")
provides a collection of tools and resources to create, launch,
and manage online email marketing campaigns. The following are
the terms and conditions for use of the Services, along with any
amendments thereto and any operating rules or policies that may
be published from time to time by Zap Email Marketer.
1.1 The Services are provided subject to the following terms and
conditions and any operating policies that Zap Email Marketer
may establish (the "Agreement"). Zap Email Marketer may make
changes to this Agreement, and continued use of the Service
constitutes Customer's acceptance of any such changes. In
addition, when using particular Zap Email Marketer services,
Customer and Zap Email Marketer shall be subject to any posted
guidelines or rules applicable to such Services that may be
posted from time to time.
1.2 The Services are available only to persons who can form
legally binding contracts under applicable law. Without limiting
the foregoing, the Services are not available to individuals
under the age of 18. If you do not qualify, please do not use
the Services.
1.3 The Services provide corporate web sites, small business web
sites, and community sites the tools to sign up web site
visitors, collect and retrieve visitor sign-up data, and develop
and execute simple interactive marketing communications with
visitors.
1.4 Customer must complete a registration form in order to use
the Services. Customer will provide true, accurate, current, and
complete information about Customer as requested in the
registration form, and will update the information to keep it
current in the Customer account area. As part of the
registration process, Customer will identify an e-mail address
and password for Customer's Zap Email Marketer account. Customer
is responsible for maintaining the security of the Customer
account, passwords, and files, and for all uses of Customer's
account and of the Services in Customer's name. Zap Email
Marketer reserves the right to refuse registration of, or
cancel, accounts it deems inappropriate.
1.5 Excess email fees will be billed on
a monthly basis, however Zap Email Marketer reserves the right
to carry over the fees if the email excess is less than 100
Australian Dollars in value.
1.6 Packages can be upgraded at any
time, however you can only downgrade your subscription on the
renewal date. The minimum subscription period is 12 months. Free
trials are available so you can evaluate the software before
purchase.
1.7 The Zap Email Marketer Service provides free unlimited email
support. Telephone Support and Call Outs are available for
purchase.
2.1 This is an Agreement for Services, and Customer is not
granted a license to any software by this Agreement. Customer
will not, directly or indirectly: reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code,
object code, or underlying structure, ideas, or algorithms of
the Services or any software, documentation, or data related to
the Services ("Software"); modify, translate, or create
derivative works based on the Services or any Software; or copy
(except for archival purposes), distribute, pledge, assign, or
otherwise transfer or encumber rights to the Services or any
Software; use the Services or any Software for timesharing or
service bureau purposes or otherwise for the benefit of a third
party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer
will use the Services only in compliance with Zap Email
Marketer's privacy policies as published at the
www.zapemail.net Web site or otherwise
furnished to Customer (the "Policy") and all applicable laws
(including but not limited to policies and laws related to
spamming, privacy, obscenity, or defamation). Customer may not
access or otherwise use third party mailing lists in connection
with preparing or distributing unsolicited e-mail to any third
party. Customer hereby agrees to indemnify and hold harmless Zap
Email Marketer against any damages, losses, liabilities,
settlements, and expenses (including without limitation costs
and reasonable attorneys fees) in connection with any claim or
action that arises from an alleged violation of the foregoing.
Although Zap Email Marketer has no obligation to monitor the
content provided by Customer or Customer's use of the Services,
Zap Email Marketer may do so and may remove any such content or
prohibit any use of the Services it believes may be (or alleged
to be) in violation of the foregoing.
3.1 Customer may terminate this Agreement at any time by sending
an e-mail message to
sales@zapemail.net or your Marketing Agent/Reseller. The minimum
subscription period is 12 months unless otherwise specified.
Terminating before the 12 month period will result in a penalty
payment for the remaining time of your subscription.
3.2 Zap Email Marketer may terminate this Agreement or the
Services at any time with or without cause, and with or without
notice. Zap Email Marketer shall have no liability to Customer
or any third party because of such termination.
3.3 Upon termination for any reason, Zap Email Marketer may
delete any Customer archived data within 30 days after the date
of termination. All sections of this Agreement which by their
nature should survive termination will survive termination,
including, without limitation, warranty disclaimers and
limitations of liability.
CUSTOMER USES THE SERVICES AT ITS OWN RISK. ZAP EMAIL MARKETER
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE
PROVIDED "AS IS" AND ZAP EMAIL MARKETER DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL
INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY
PROXIMATELY CAUSED BY ZAP EMAIL MARKETER, ZAP EMAIL MARKETER AND
ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND
PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, RESELLERS, AGENTS, REPRESENTATIVES,
CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY
ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ZAP EMAIL
MARKETER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.1 If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable.
7.2 Both parties agree that this Agreement is the complete and
exclusive statement of the mutual understanding of the parties
and supersedes and cancels all previous written and oral
agreements, communications, and other understandings relating to
the subject matter of this Agreement, and that all waivers and
modifications must be in a writing signed by both parties,
except as otherwise provided herein.
7.3 No agency, partnership, joint venture, or employment is
created as a result of this Agreement, and Customer does not
have any authority of any kind to bind Zap Email Marketer in any
respect whatsoever.
7.4 In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover its
costs and attorneys fees.
7.5 This Agreement shall be governed by the laws of the State of
Western Australia without regard to its conflict of laws
provisions.
7.6 We reserve the right to modify our pricing and we will
notify you by email when this occurs.
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