In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Digital Matchbox Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Payment, Refunds, Upgrading and Terms
- A valid credit card is required for paying accounts.
- If you initially sign up for an account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
- An upgrade from the free trial plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds for partial months of service, or for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
- All paying users from Canada shall be responsible for filling out their correct province and country so that they can be taxed appropriately.
Cancellation and Termination
You are solely responsible for properly canceling your account. To cancel your account, you must log in to digital-matchbox.com and click on “My Account” then click the “Cancel” button. All of your content will be immediately deleted from the service upon cancellation. This information can not be recovered once your account is cancelled. Digital Matchbox Ltd. does not accept any liability for loss of content due to account cancellation. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Digital Matchbox Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Digital Matchbox Ltd. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Digital Matchbox Ltd. reserves the right to refuse service to anyone for any reason at any time.
Anti-Spam and Abuse Related Rules
You agree to the following:
(a) Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html. The first line of the Spamhaus definition reads:
The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).
It is a concern to us if you use Digital Matchbox PRO to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.
(b) Permission Lists Only: You may use Digital Matchbox PRO only to send Emails to individuals and entities that either:
Possibility 1 – Consent Obtained
(A) gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:
(i) Consent Given Recently gave you the permission within the prior 12 months; or
(ii) Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or
Possibility 2 – Sold or Negotiated to Sell Product or Service
(B) gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:
(i) Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or
(ii) Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.
If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that Digital Matchbox PRO shut down your account. So if you don’t have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don’t import them into Digital Matchbox PRO.
(C) Requirements: You agree that you will use:
- No purchased lists (no matter how expensive).
- No rented lists (even if they “opted in”).
- No 3rd party lists whatsoever.
You should only use Digital Matchbox PRO to send newsletters, updates, and promotions to people who specifically requested email from you, or otherwise meet the requirements of 11(b) above. Don’t have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a Digital Matchbox PRO account, run through the List Setup Wizard, and add a signup form to your website so that you can grow your list.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Like most interactive web sites this Company’s website