Terms of Service
THESE TERMS OF SERVICE GOVERN OUR AGREEMENT TO PROVIDE SERVICES TO YOU, AND YOUR SUBSEQUENT OPERATION OF YOUR ACCOUNT.
By using or otherwise accessing any of the services or products provided by EmailSetupTest.com, you agree to be bound by all these Terms and Conditions. Our business and our products are constantly evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our Terms and Conditions. We will, however, notify you of any material changes.
"Agreement" shall refer to the agreement between EmailSetupTest.com and the website visitor for the provision of Services by EmailSetupTest.com to the website visitor;
"Confidential Information" shall refer to information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
"Website Visitor" shall refer to You, an individual or entity which has accepted these Terms of Service;
"Intellectual Property Rights" shall refer to any and all patents, trademarks, service marks, copyright, know-how, design rights, or any other intellectual or similar rights, whether or not registrable in any country, together with all or any goodwill relating to the same;
"Services" shall mean use of the software and access to the website;
"EmailSetupTest.com" shall refer to the business Lead Platforms Ltd - registered in the Seychelles (more info here);
"You";, "Your"; and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or beneficial interest.
1. FEES & PAYMENT TERMS
1. There are no fees to access the website.
2. DISCLAIMERS AND WARRANTIES
2.2 EmailSetupTest.com makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind.
2.3 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.
2.4 EmailSetupTest.com shall not be liable for any services or products to be supplied by any third party;
2.5 EmailSetupTest.com shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
2.6 EmailSetupTest.com will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
2.7 No matter how many claims are made and whatever the basis of such claims, EmailSetupTest.com's maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to 3 months of the fees paid by You for the services in relation to which Your claim arises during the period prior to such claim.
2.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of EmailSetupTest.com, its employees or its sub-contractors.
2.9 When using EmailSetupTest.com's service users must insure that they do not breach any third party terms of service. If a breach does occur EmailSetupTest.com, its officers, employees, agents and sub-contractors will not be held liable.
3.1 You agree that You shall defend, indemnify, save and hold EmailSetupTest.com, its officers, employees, agents, sub-contractors and affiliated companies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EmailSetupTest.com, its agents, its customers, officers and employees, that may arise directly or indirectly as a result of any service provided or performed or agreed to be performed or any product sold by You, Your agents, employees or assigns;
4. FORCE MAJEURE
4.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supranational authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorized use or access to the IT systems of EmailSetupTest.com or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
5. ENTIRE AGREEMENT
5.1 This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and neither relied on any representation made by the other party unless such representation is expressly included herein;
5.2 Nothing in this clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable;
5.3 This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
6.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole;
6.2 EmailSetupTest.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of EmailSetupTest.com as reflected in the original provision.
7.1 Each of the parties agrees not to disclose any Confidential Information received from the other party or make any use of any such Confidential Information other than for the purposes of performance of this Agreement, except that (i) each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub contractors or suppliers who need to receive the information in the course of performance of this Agreement, (ii) the confidentiality obligations set out above shall not apply to any information which is or subsequently becomes available to the general public other than through a breach by the receiving party, or is already known to the receiving party before disclosure by the disclosing party or is developed through the independent efforts of the receiving party, or (iii) the receiving party rightfully receives from a third party without restriction as to use.
8.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy, nor operate as a waiver of it;
8.2 The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
8.3 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
9.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of EmailSetupTest.com. However, in the event that EmailSetupTest.com consents to such an assignment, sub-license or transfer, then this Agreement shall endure to the benefit of and be binding upon the parties and their respective successors and permitted assigns;
9.2 EmailSetupTest.com may sub-contract or assign any or all of its rights and obligations under this Agreement.
10.1 This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of EmailSetupTest.com 10.2 This agreement may be modified by EmailSetupTest.com by publishing an updated version on the website. Upon continued use of EmailSetupTest.com you agree upon the new terms and conditions - if you don't agree to the new terms you may stop using the service at any time.
11.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by EmailSetupTest.com to You shall be deemed to have been given immediately if delivered by e-mail or 24 hours after dispatch if sent by overnight mail in accordance with the contact information You have provided.
12. GOVERNING LAW
12.1 This Agreement, and Your rights and obligations under this Agreement, shall be governed by the laws of Spain, subject to the exclusive jurisdiction of the courts of Spain.
EmailSetupTest.com makes no warranties, representations or undertakings (whether express or implied): About any of the content of these pages (including, without limitation, as to the accuracy, completeness, satisfactory quality or fitness for a particular purpose of such content or that the content of these pages is error-free). About any other Web site (or any content of or goods or services offered through any such Web site) accessed through or referred to in these pages, whether by means of a hypertext link or otherwise. In no event will EmailSetupTest.com be liable for any direct, indirect or consequential losses or damages resulting from use of or reliance on these pages or any other web site accessed through or referred to in these pages. The content of these pages is the copyright of EmailSetupTest.com. Reproduction or dissemination of any part of it is prohibited except as expressly authorised within this notice. The contents may be downloaded to a local hard disk and extracts printed from these pages for personal use only. Such extracts may be re-copied to others for their personal information only. None of the content of these pages may be incorporated into, reproduced on or stored in any other Web site or otherwise in an electronic retrieval system or in any other work or publication, whether in hard copy, electronic, digital or any other form.