LIMITATION OF LIABILITY
Whilst we will take all reasonable steps to deliver your Emails to
recipients as fast as possible, we cannot commit to, or guarantee, a
specific delivery time. Such times depend on various network and
system-related factors among the various entities involved in the
transportation of your Emails across email service providers.
Furthermore, delivery reports and the originator are operator
dependant features and so it is not possible for us to give 100%
guarantees for their availability. We recommend that tests should be
conducted beforehand when these features are considered to be of
high importance.
You acknowledge that as we send Emails via our email servers so
there is no guarantee that the Email will get delivered in the Inbox
of the recipient, it purely depends upon various factors that the
recipients email service providers considers to place the email in
any folder it feels appropriate as per their algorithm.
Our responsibility is therefore to ensure that the text-messages you
send through the service are processed correctly and delivered to
the assigned entity. We are not responsible for the final delivery
of the message, as this is out of our control and is the
responsibility of the Recipients Email Service Provider.
You also acknowledge that Emails are transmitted unencrypted and
that eavesdropping of Email Service Providers, including EMAIL
delivery, by third parties is possible. We also recommend that you
ensure sensitive and valuable information is communicated by a
number of communication methods.
Furthermore, use of the service and the Internet is at its own risk
and that the service is provided "as is" and "as available", without
any warranties or conditions whatsoever, expressed or implied. We
will use all commercially reasonable efforts to make access to the
service available through the required access protocols, but make no
warranty or guarantee that you will be able to access the service at
any particular time or any particular location. Without limiting the
generality of the terms set forth, we and our affiliates, agents,
content providers, service providers, and licensees.
Hereby disclaim all express and implied warranties as to the
accuracy, completeness, non-infringement, merchantability or fitness
for particular purpose of the service generally, and any content or
services contained therein, as well as all express and implied
warranties that the operation of the service generally and any
contentor services contained therein will be uninterrupted or
error-free.
Shall in no event be liable for any inaccuracy, error or omission
in, or loss, injury or damage caused in whole or in part by
failures, delays or interruptions of the service generally, and any
aspect ancillary thereto; you agree to indemnify us for any third
party claims arising from such failures, delays or interruptions in
connection with regard to the use of the service.
Notwithstanding anything to the contrary contained herein, the
provisions outlined above are for the benefit of Team
emailidea.biz
and its affiliates, agents, content providers and service providers
and each shall have the right to assert and enforce such provisions
directly on its own behalf.
MODIFICATION OF TERMS
We frequently update, modify and otherwise continually seek to
improve the service and such changes often dictate that we
simultaneously modify the terms and conditions of use. As such, we
have the right to modify the terms of this agreement and to change
or discontinue any aspect or feature of our service, in either case,
as it deems reasonably necessary. If you do not agree with any such
changes, your use of the service may be cancelled in accordance with
the procedures for cancellation set forth in this agreement. You
acknowledge your responsibility to review this agreement from time
to time and to be aware of any such changes and, should you request,
we will be happy to keep you informed if/when such changes take
place.
Furthermore, you accept that should there be a contradiction between
other specific terms & conditions and these general terms &
conditions, the other specific terms & conditions shall apply.
TERMINATION
If at any time you breach the terms & conditions of the service, we
may elect to suspend, terminate and/or cancel this agreement and/or
recover any damages from you arising from the event(s) giving rise
to the suspension, termination or cancellation. We reserve the right
to suspend your service at any stage for any reason we may deem
necessary to continue to provide any of our services in a way that
may be hindered by your status as being our client, your financial
status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are
still responsible for any obligations then accrued. Payment and
other obligations under this agreement are not suspended, stayed, or
otherwise affected by a suspension of access to / or use of the
service (in whole or in part) where said suspension arises from your
failure to comply with, or violation of, the terms of this agreement
or of any law or legal obligation. Upon termination and/or
cancellation, for any reason, you agree to immediately cease using
the service and we shall have no obligation to you after any
termination or cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time,
and for any reason. For such a termination or cancellation to be
effective however, you must inform us in writing through email, you
will still be under the responsibilities of this agreement for the
duration that you used the service and you will cease to have access
to the use of any credits that may exist in your account.