emarket solutions Terms and Conditions

Copyright © 2016 eMarket Solutions Pty Ltd (referred to as eMarket Solutions from here on in) – All Rights Reserved. THIS COPYRIGHT INFORMATION MUST REMAIN INTACT AND MAY NOT BE MODIFIED IN ANY WAY. THIS LICENSE AGREEMENT APPLIES TO ANY AND ALL SOFTWARE PRODUCTS AVAILABLE FROM EMARKET SOLUTIONS (referred to as ‘The Software’ from here on in).

When you purchased this software you agreed to accept the terms of this Agreement. This Agreement is a legal contract, which specifies the terms of the license and warranty limitation between you and ‘eMarket Solutions’. You should carefully read the following terms and conditions before installing or using this software. Unless you have a different license agreement obtained from ‘eMarket Solutions’, installation or use of this software indicates your acceptance of the license and warranty limitation terms contained in this Agreement. If you do not agree to the terms of this Agreement, promptly delete and destroy all copies of the Software.

License to Redistribute: Distributing ‘The Software’ and/or documentation with other products (commercial or otherwise) by any means without prior written permission from ‘eMarket Solutions’ is forbidden. All rights to ‘The Software’ and documentation not expressly granted under this Agreement are reserved to ‘eMarket Solutions’.

PAYMENT TERMS are strictly 7 Days from invoice date.

Disclaimer of Warranty: ‘The Software’ AND ACCOMPANYING DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH ‘The Software’ MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. IN NO CASE SHALL ‘EMarket Solutions’ BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF ‘EMarket Solutions’ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL ‘eMarket Solutions’ OR LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY LICENSEE TO ‘EMarket Solutions’.

‘EMARKET SOLUTIONS’ RESERVES THE RIGHT TO INSPECT THE LICENSEE’S DATA AND / OR USE OF ‘The Software’

‘EMARKET SOLUTIONS’ RESERVES THE RIGHT TO PLACE ADVERTISING IN THE FORM OF ‘powered by www.emarketsolutions.com.au’ OR SIMILAR AT THE BOTTOM OF THE LICENSEE’S EMAILS SENT USING ‘The Software’

‘EMARKET SOLUTIONS’ RESERVES THE RIGHT TO CHANGE PRICING AND / OR SENDING LIMITS WITHOUT NOTICE.

‘EMARKET SOLUTIONS RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO ANY INDIVIDUAL AND / OR COMPANY WITHOUT NOTICE.’

‘eMarket Solutions’ reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time.

Warning: This program is protected by copyright law. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

IMPORTANT: As part of our anti Spam policy we do not allow the use of purchased email lists, only emails that have opt-in to your mailing list can be used.

Privacy Policy

When using our ‘software’ and interacting with eMarket Solutions, our commitment to the protection and privacy of your information / data is a priority.

Information collected is used solely by eMarket solutions for the purposes of billing and providing information to you the’ licensee’ of our services and are not disclosed to any third party under any circumstances.

The ‘Licensee’ subscribers / client data is not disclosed to any third party under any circumstances.

Anti Spam Policy

eMarket Solutions has a strict anti-SPAM policy. All clients are expressly prohibited from sending SPAM from eMarket Solutions Software and its servers. eMarket Solutions reserves the right to suspend or terminate service to suspected Spammers without notice.

eMarket Solutions prohibits licensees from renting, leasing and / or purchasing email addresses from a third party, as well as from gathering through methods, such as scraping or harvesting etc.

All emails sent from eMarket Solutions contain a unsubscribe link that cannot be removed. The link automatically updates the mailing list to ensure that a subscriber that has opted out will not be sent any further mailings. The ‘licensee’ is not allowed to send messages to any individual that had been added to the mailing list and later unsubscribe from it. eMarket Solutions automatically handles all unsubscribe requests on the licensee’s subscriber’s behalf.

All emails must contain the licensee’s physical address.

The licensee must not send any emails to any recipient who has not affirmatively and freely consented to receiving such message prior to delivery, unless there is a preexisting relationship with the recipient.

The Licensee must not send any content that is or may be construed as false or misleading.

Licensees must comply with CAN SPAM laws, for more information visit http://en.wikipedia.org/wiki/Can_Spam_Act_of_2003