Last modified: May 5th, 2017.
- The access and use of the website accessible through the domain name gmailmarketer.com and its subdomains (“the Website”).
- The purchase for goods and services available on the Website.
- The installation of the GmailMarketer extension and the enjoyment of the services derived thereof (“the GmailMarketer Service”).
1.2. The person who accesses the Website or installs the GmailMarketer extension is to be regarded as the GmailMarketer User (“the User”) and it implies the full acceptance of these General Terms by the User. In the event of not agreeing with all or any of these General Terms, the User must leave the Website immediately and/or proceed to uninstall the GmailMarketer extension from his browser.
1.3. By agreeing to these General Terms, the User warrants that:
a) The User is of legal age and have read and understood the conditions set forth herein.
b) In the event of purchasing any product and/or service, the User has legal capacity to do so.
c) The User assumes all obligations set forth herein.
1.4. The access and use of the Website and/or the GmailMarketer extension by minors require the consent of their parents, guardians or legal authorised representatives. Such persons shall be held liable for the acts carried out by the minors under their custody. Please contact us in case you wish to authorise a minor.
1.5. The GmailMarketer company reserves the right to modify, at any time and without prior notice, the products and services offerings as well as any aspect of these General Terms. Notwithstanding the foregoing, the transactions made by the User prior to such modifications will be honoured.
1.6. The GmailMarketer company may contract the service of a third party to record and monitor the versions of these General Terms. In such case, The GmailMarketer company and the User agree that the legal texts to govern their contractual relationship will be the ones in full force as of the date of purchase according to the third party entrusted with the task of recording the versions.
Owner: The GmailMarketer JSC.
Sales and Billing: firstname.lastname@example.org
3. Access to the website
The access to the Website is free, except for the cost of connection through the telecommunications network supplied by the User’s provider.
4. Website and the GmailMarketer service code of couduct
4.1. The User agrees to use the Website and the GmailMarketer Service in accordance with the law, moral principles and public order as well as the herein General Terms. The User shall refrain from using the Website or the GmailMarketer Service for illegal activities or purposes that may be considered a criminal offence against third parties as well as violating any applicable law. The User agrees not to:
a) Submit or disseminate content or information that is racist, xenophobic, pornographic, and supportive of terrorism or may infringe human rights.
b) Submit or disseminate software (virus or malware) that may damage computer systems of the internet service provider, its providers or any other internet User.
c) Disseminate, transmit or provide third parties with any type of information, element or content that might constitute a violation of the fundamental rights and civil liberties contemplated in the Spanish Constitution and international treaties.
d) Disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.
e) Transmit unsolicited or unauthorised advertisements, advertising material, “spam”, “chain mails”, “pyramid schemes” or any other form of solicitation, except in those areas (such as commercial spaces) that are exclusively intended for these purposes.
f) Submit or disseminate any false, ambiguous or inaccurate information or content that is deceptive to its recipients.
g) Impersonate other Users of the Website and the GmailMarketer Service.
h) Disseminate, transmit or provide third parties with any type of information, element or content that may constitute a breach of intellectual property rights, patents, brands or copyright held by the owners of the Website and the GmailMarketer Service or third parties.
i) Disseminate, transmit or provide third parties with any type of information, element or content deemed to be a violation of privacy or data protection laws.
4.2. The User agrees to indemnify and hold harmless The GmailMarketer company against any complaint, fine, penalty or sanction arising from the User’s failure to comply with the aforementioned conditions of use. The GmailMarketer company reserves the right to claim compensation for damages incurred.
4.3. The access, the purchase and use of the products made available by The GmailMarketer company requires a computer or computer equipment as well as internet connection. Any expense in connection with such items is not included in the services described in the herein General Terms and shall be borne exclusively by the User.
4.4. The GmailMarketer company shall not be held responsible for the custody and use of the User’s password necessary to access the User’s email account; being such responsibility imposed on the User. The GmailMarketer company shall assume that any User accessing his email account using his password is the legit user of the service.
5. External content and service accessible through the website.
5.1. The Website may contain links, directories and search engines that enable the User to access third party websites and portals (“Linked Sites”). In such case, The GmailMarketer company shall only be responsible for the content and services provided through the Linked Sites when it has effective knowledge of any unlawful activity and does not proceed to remove the link diligently. Should the User consider that a Linked Site contains unlawful or inappropriate content, he must inform The GmailMarketer company of such circumstance. In no case shall such communication impose on The GmailMarketer company an obligation to remove such link.
5.2. The inclusion of Linked Sites on the Website neither implies an agreement between The GmailMarketer company and the owners of the Linked Sites nor implies the recommendation or the endorsement of the Linked Sites and/or its content by The GmailMarketer company.
5.3. Unless otherwise stated on the Website, The GmailMarketer company is unaware of the content and services of the Linked Sites and, consequently, shall not be held liable for any damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Sites.
6. Intellectual property
6.1. All content on the Website and the GmailMarketer Service is owned by The GmailMarketer company or third parties, including, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and any other audiovisual o sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property legislation in force of the aforementioned content be deemed to have been assigned to the User.
6.2. The trademarks, trade names or distinctive signs of any class displayed on the Website are owned by The GmailMarketer company or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned to the User. GmailMarketer® is a registered trademark owned by The GmailMarketer company.
6.3. In regards to the GmailMarketer extension, The GmailMarketer company only grants to the User a personal, worldwide, non-transferable, non-exclusive license for the duration of its term. After the termination of such term, not matter the cause, the User shall cease immediately using the GmailMarketer extension and the GmailMarketer Service.
6.4. The User is forbidden of, whether partially or fully, either copying, modifying, disassembling, taking any action to derive the source code, creating derivative works or reverse engineering the GmailMarketer extension and/or the GmailMarketer Service.
7. Pricing and term of the GmailMarketer service
7.1. The pricing and the terms of the different GmailMarketer Service subscription modalities are displayed on the screen prior to the purchase process when selecting a modality of subscription.
7.2. The Valued Added Tax (VAT) is included in the prices.
The GmailMarketer company shall refund the User the total amount paid in the event that User terminates the use of the GmailMarketer Service within 30 days from its purchase.
10.1. In case of doubt regarding GmailMarketer and the operation of the GmailMarketer Service, the User may contact The GmailMarketer company by sending an email at email@example.com
10.2. The User may also consult the issues raised at the GmailMarketer Support Center accessible through here.