Terms of Use
The Website is owned and operated by Branded Email Web Solutions. By using any of the Services, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.brandedemail.ca, and Branded Email Web Solutions in relation to your use of the Website and/ or the Services and applies to all users of the Services, whether registered or not, on the Website
If you do NOT agree to all these Terms of Service, you should NOT use the Website and services offered by Branded Email Web Solutions. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through the Website, then you must NOT use that part of the Website which contains such Content or through which such transactions may be concluded; and you should NOT use such Content or conclude such transactions. Further, when you use any current or future Branded Email Web Solutions services or visit Branded Email Web Solutions’s or its affiliates’ websites or obtain any products or services, free of charge or for payment, of Branded Email Web Solutions or any business affiliated with Branded Email Web Solutions, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.
As used in this Agreement, “www.brandedemail.ca”, “we,” “us,” and “our” shall mean Branded Email Web Solutions and its subsidiaries and affiliates. By accessing or using the services available through our website (the “Services”), you agree to be bound by these Terms of Service/Terms or Conditions and our Privacy Policy currently found at www.brandedemail.ca/privacy-policy and incorporated herein by reference. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Branded Email Web Solutions for products, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.
These
Terms of Service may be amended by Branded Email Web Solutions at any
time upon notice given by any of the following means: through the
Website at or after you login to your User Account (as defined
below), by email communication to the address provided by you when
you set up your User Account. Failure to provide or maintain accurate
or current contact information by you will not obviate your
responsibility to comply with these Terms of Service as amended from
time to time. Please check these Terms of Service published on the
Website regularly to ensure that you are aware of all terms governing
your use of the Website. Also, specific terms and conditions may
apply to non-user generated specific content, products, materials,
services or information contained on or available through the Website
(the “Content”) or transactions concluded through the
Website. Such specific terms may be in addition to these Terms of
Service or, where inconsistent with these Terms of Service such
specific terms will supersede these Terms of Service only to the
extent that the content or intent of such specific terms is
inconsistent with these Terms of Service.
Branded Email Web
Solutions reserves the right to make changes or updates with respect
to or in the Content of the Website or the format thereof at any time
without notice. Branded Email Web Solutions reserves the right to
terminate or restrict access to the Website or any portion thereof
for any reason whatsoever at its sole discretion.
Branded Email Web Solutions may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Branded Email Web Solutions The Branded Email Web Solutions reserves the right to expel Users and prevent their further access to Branded Email Web Solutions for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use; are abusive, illegal, or disruptive.
Site Sites/Websites means www.brandedemail.ca and other services offered by Branded Email Web Solutions
Third Party Someone who may be indirectly involved but is not a principal party to an arrangement
Member/User means a company or person who uses Branded Email Web Solutions services.
Representative means, an entity and its affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Branded Email Web Solutions.
Content means report text, graphics, images, music, Website, audio, video, information or other materials uploaded to our servers though the Website.
Branded Email Web Solutions Content means all Content that Branded Email Web Solutions makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Collective Content means Member Content and Branded Email Web Solutions Content.
We will setup your account after
we have received payment and we and/or our payment partner(s) have
screened the order(s) to protect our self-form fraud. It is your
responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an abuse issue
or we need to contact you, the primary email address on file will be
used for this purpose. It is your responsibility to ensure that the
email address on file is current or up to date at all times.
Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or high
risk transactions, it will be necessary to provide government issued
identification and possibly a scan of the credit card used for the
purchase. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
Obligations
Of Users
Branded Email Web Solutions Services may be accessed from all around the world, so it is your responsibility to assess whether using the Site, Apps, Website, or Services is in compliance with local laws and regulations.
In order to protect the Services from being misused or used to harm someone, Branded Email Web Solutions reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that Branded Email Web Solutions may terminate your account, without providing a refund for Services already paid, if you misuse the Service.
In using our Services, you agree not to:
- Send or transmit unsolicited advertisements or content (i.e., “spam”) over the Service.
- Send, post, or transmit over the Service any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
- Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
- Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
- Share files through emails which are illegal in nature.
- Use our services for mass/bulk emailing (over 500-emails per 24-hour period)
- Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
- Use the Service for anything other than lawful purposes.
Branded Email Web Solutions does not control, and is not responsible for e-mails sent from outside Branded Email Web Solutions’s domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible and bear all risks associated with the use of any Content, and that under no circumstances will Branded Email Web Solutions be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the using the service.
Members
will not use the Services if any applicable law in their country
prohibits them from doing so and or have not previously been their
right to use the Services suspended or terminated. Further, the
Website and Content available through it may contain links to third
party Website (“Third
Party Websites“),
which are completely unrelated to Branded Email Web Solutions If you
link to Third Party Websites, you may be subject to those Third Party
Websites terms and conditions and other policies. Branded Email Web
Solutions makes no representation or guarantee as to the accuracy or
authenticity of the information contained in any such Third Party
Website, and your linking to any other Website is completely at your
own risk and Branded Email Web Solutions disclaims all liability
thereto.
You
acknowledge and agree not to upload, post, transmit, publish, or
distribute any material or information that is unlawful, or which may
potentially be perceived as being harmful, threatening, libelous,
ethnically, or otherwise objectionable on our servers. You
acknowledge and agree that you are solely responsible for your own
Content uploaded, transmitted through, or linked from the Service and
the consequences of uploading, transmitting, linking or publishing
it. More specifically, you are solely responsible for all Content
that you upload, email or otherwise make available via the Service.
In connection with such Content uploaded, transmitted through, or
linked from the Service by you, you affirm, acknowledge, represent,
warrant and covenant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use such Content on
the Service and Website.
By submitting Content, you represent
that such content is original, you are its rightful owner or that you
have first obtained permission from the rightful owner to submit it,
and that you have the authority to assign and license to the Branded
Email Web Solutions all rights, title and interest as set forth
herein in and to such Content for storage. Accordingly, you further
agree to defend, hold harmless and indemnify Branded Email Web
Solutions from and against any and all claims of alleged or actual
infringements of any intellectual property rights, proprietary
rights, rights of privacy and publicity, moral rights, and rights of
attribution raised by third parties against the Branded Email Web
Solutions in connection with such Content.
You agree to
release Branded Email Web Solutions, its partners, contractors and
affiliates together with their respective employees, agents,
officers, directors and shareholders, from any and all liability and
obligations whatsoever in connection with, or arising from, your use
of our Services. If at any time you are not happy with the Websites
or the Services or object to any Content, your sole remedy is to
cease using them.
Payment Information
Branded Email Web Solutions provides 30-day money back guarantee for the email hosting services where Users can cancel subscription within first 30-days, they can receive full refund. You agree to supply appropriate payment for the services received from Branded Email Web Solutions, 30 days in advance of the time period during which such services are provided. You agree that until and unless you notify Branded Email Web Solutions of your desire to cancel any or all services received, those services will be billed annually on a recurring basis. However, user shall be charged one-time for certain services such as G Suite setup, email marketing, web design, consulting, etc.
Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
Auto renewal, Unless otherwise provided, you agree that until and unless you notify Branded Email Web Solutions of your desire to cancel the Services, you shall be annually billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
As a client of Branded Email Web Solutions, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
Branded Email Web Solutions reserves the right to change the annual payment amount and any other charges at anytime.
Personal Information and Privacy
Personal information you provide to Branded Email Web Solutions through the Service is governed by Branded Email Web Solutions Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Branded Email Web Solutions Privacy Policy. It is your sole responsibility to determine what additional limitations, if any, are placed on the use of the User Content distributed within your working group You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to www.brandedemail.ca/contact If you obtain unauthorized access to materials created or used by others outside of your working group in conjunction with the Branded Email Web Solutions Service, you have no right to use such materials in any way. You also acknowledge and agree that Branded Email Web Solutions has no liability of any kind, if any of your personal data is lost or stolen from any of our servers or should members of your working group, other persons whom you have allowed to have access to your User Content or any third party modify, destroy, corrupt, copy, or distribute your User Content. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Emails more than 500 per 24-hour period shall be considered as bulk/mass emailing. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
We do not support mass mailing. we limit users from sending mail to a large number of recipients per 24-hour period.
Third Party Services Provided by Branded Email Web Solutions
Branded Email Web Solutions may provide certain third party services to Users, such as Google G Suite setup service, Email Marketing Services using the third party email marketing platform, Web Design Services and Web Consulting (web marketing, Search Engine Optimization, social media management etc.). Branded Email Web Solutions acts as a passive platform between such third party services and the Users. We encourage users to review such third party terms and polies before accepting them. Furthermore, Branded Email Web Solutions shall not be liable for any kind of loss User faces by using such third party services.
Email Deletion Policy
In the event user deletes an email, it goes to the trash folder of an email account and stays there for 7 days before getting deleted automatically form the server. When the email goes to the spam folder, it gets automatically deleted form the folder and the server on expiry of thirty days. Branded Email Web Solutions shall not be liable for any deletion of the email and shall in no case retrieve it.
Electronic Communications
When
you send an e-mail or chat electronically with Branded Email Web
Solutions, you are communicating with us electronically. You consent
to receive communications from us electronically. You agree that all
agreements, notices, disclosures and other communications that
Branded Email Web Solutions provides to you electronically satisfy
legal requirements that such communications be in writing.
Term/Termination
The term
of these Terms of Service (“Term”) shall begin when you
start using the Website or the Services and shall continue in
perpetuity unless otherwise terminated by Branded Email Web Solutions
or you by written notice. Branded Email Web Solutions reserves the
right to change, suspend or discontinue the Services or any portion
thereof, at any time. Without prejudice to any other rights, these
Terms of Service will terminate automatically if you fail to comply
with any of the limitations or other requirements described herein.
Upon any termination or expiration of these Terms of Service, you
must immediately cease using the Website and the Services including
without limitation any use of Branded Email Web Solutions’s
trademarks, trade names, copyrights and other intellectual property.
Use Of The Services
Except
as otherwise agreed upon, we hereby grant you a limited,
nonexclusive, non-sub-licensable license to access, and use the
Platform and Content solely for personal and noncommercial purposes,
conditioned on your compliance with these Terms. You will not use,
copy, adapt, modify, decompile, reverse engineer, disassemble,
decrypt, attempt to derive the source code, prepare derivative works
based upon, distribute, license, sell, rent, transfer, publicly
display, publicly perform, transmit, stream, broadcast or otherwise
exploit the Platform and Content, except as expressly permitted by
Branded Email Web Solutions or as permitted under applicable law. Any
unauthorized use of the Services is strictly prohibited and will
terminate the license granted in these Terms. No licenses or rights
are granted to you by implication or otherwise, except for the
licenses and rights expressly granted to you.
Branded
Email Web Solutions will not be liable on account of any inaccuracy
of information on this web Website. It is the responsibility of the
visitor to further research the information on the Website. The user
undertakes not to duplicate, download publish, modify and distribute
material on Branded Email Web Solutions unless specifically
authorized by Branded Email Web Solutions in this regard.
Branded Email Web Solutions shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of:
- any failure or interruption of the Site or Service;
- any act or omission of any Third Party involved in making the Site or Service or the data contained therein available to you;
- any other cause relating to your access or use, or inability to access or use, any portion of your data, Site or its Content;
- your interactions on the Site or Service;
- your failure to comply with this Agreement;
- the cost of procurement of substitute goods or services; or
- unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of Branded Email Web Solutions or of any vendor providing Website, services, or support for the Site or Service.
Third Party Links, Content And Services
This Website may provide links to other websites and/or third party products and Services that are not under the control of Branded Email Web Solutions (together, “Third Party Materials”). Branded Email Web Solutions shall not be responsible in any way for the content of such Third Party Materials. Branded Email Web Solutions provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Branded Email Web Solutions of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Ownership and Intellectual Property
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of Canada.
You acknowledge and agree that Branded Email Web Solutions owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website or any computer Website or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If
you believe that anything on or available through the Services
infringes upon any copyright which you own or control, you may
contact us at www.brandedemail.ca/contact
Limitation
of Liability
YOU
AGREE AND ACKNOWLEDGE THAT DURING THE DOWNTIME OR MALFUNCTION OF THE
WEBSITE OR SERVER, BRANDED EMAIL WEB SOLUTIONS SHALL NOT BE LIABLE
FOR ANY LOSS OF INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR
RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE
TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE
THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED.
IN NO EVENT SHALL BRANDED EMAIL WEB SOLUTIONS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION.
IN NO EVENT SHALL BRANDED EMAIL WEB SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRANDED EMAIL WEB SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BRANDED EMAIL WEB SOLUTIONS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY BRANDED EMAIL WEB SOLUTIONS FROM ITS FACILITIES IN CANADA. BRANDED EMAIL WEB SOLUTIONS MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Disclaimer of Warranties
VPN SERVICE COVERAGE, SPEEDS, SERVER LOCATIONS, AND QUALITY MAY VARY. BRANDED EMAIL WEB SOLUTIONS WILL ATTEMPT TO MAKE THE SERVICE AVAILABLE AT ALL TIMES. HOWEVER, THE SERVICE MAY BE SUBJECT TO UNAVAILABILITY FOR A VARIETY OF FACTORS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO EMERGENCIES; THIRD-PARTY-SERVICE FAILURES; OR TRANSMISSION, EQUIPMENT, OR NETWORK PROBLEMS OR LIMITATIONS, INTERFERENCE, OR SIGNAL STRENGTH; AND MAY BE INTERRUPTED, REFUSED, LIMITED, OR CURTAILED. WE ARE NOT RESPONSIBLE FOR DATA, MESSAGES, OR PAGES LOST, NOT DELIVERED, DELAYED, OR MISDIRECTED BECAUSE OF INTERRUPTIONS OR PERFORMANCE ISSUES WITH THE SERVICE, COMMUNICATIONS SERVICES, OR NETWORKS. WE MAY IMPOSE USAGE OR SERVICE LIMITS, SUSPEND SERVICE, TERMINATE VPN ACCOUNTS, OR BLOCK CERTAIN KINDS OF USAGE IN OUR SOLE DISCRETION TO PROTECT SUBSCRIBERS OR THE SERVICE. THE ACCURACY AND TIMELINESS OF DATA RECEIVED IS NOT GUARANTEED; DELAYS OR OMISSIONS MAY OCCUR. BRANDED EMAIL WEB SOLUTIONS RESERVES THE RIGHT TO INVESTIGATE MATTERS WE CONSIDER TO BE VIOLATIONS OF THESE TERMS.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE BRANDED EMAIL WEB SOLUTIONS NOR ANY PERSON ASSOCIATED WITH THE BRANDED EMAIL WEB SOLUTIONS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE BRANDED EMAIL WEB SOLUTIONS NOR ANYONE ASSOCIATED WITH THE BRANDED EMAIL WEB SOLUTIONS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE
BRANDED EMAIL WEB SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Entire Agreement/ Severability
These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and Branded Email Web Solutions, in relation to Your use of the Website and/ or the Services and supersedes any prior representations, or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Branded Email Web Solutions relating to this subject matter, and cannot be changed or terminated orally.
Assignment
You
may not assign these Terms or any of the rights granted hereunder
without the prior written consent of Branded Email Web Solutions, and
any attempted assignment without such consent shall be void. Subject
to the foregoing restriction, these Terms will be fully binding upon,
inure to the benefit of, and be enforceable by us and our respective
successors and assigns.
Non-waiver
Failure by either Branded Email Web Solutions or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Service Access
If the Website/Service is not available for any period or any time, Branded Email Web Solutions shall not be liable. Branded Email Web Solutions gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Branded Email Web Solutions reserves the right to suspend the operation of the Services, the Website, or any part thereof. You agree that neither Branded Email Web Solutions nor its third party providers will be liable to you in any way for the any LOSS OF BUSINESS, termination, suspension, interruption, delay of any of the services and products on the Website.
Indemnification
You agree to defend, indemnify and hold harmless Branded Email Web Solutions and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through our website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Force Majeure
Branded Email Web Solutions shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
a. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Canada. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Canada. This Agreement shall be governed by the internal substantive laws of the province of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
Contact Us
If you have any questions or concerns regarding these Terms or our Services, please Contact Us.