Payment to be made in full as advance for integration of CartEmSoft.
The Subscription period commences once the date when confirmation mail regarding setup of CartEmSoft tool is made.
Xtesia gives a 3 day demo period on demo.xtesia.in for evaluation of CartEmSoft application, before concluding sale, thus once a user opt to buy the license for CartEmSoft , no refund will be provided whatsoever.
CartEmSoft is a Batch Email Sending utility, and bulk emailing is one of the feature of the product. Thus in any case the Domain provided is black listed, CartEmSoft is under no obligation for issuing another Domain. And the Subscriber will have to make a payment of 50% to get another domain name along with a fresh IP address.
The Email databank has been provided as a complimentary Add-on, and Xtesia is under no obligation for its authenticity, as email accounts may get deactivated. Though Xtesia has taken a proper care of Email validation through third party tools.
The Fee Schedule is subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule, but you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder.
Discounts: If you receive special discounts through one of our partners, those discounts may not be available if you cease to continue to be a customer of the
partner, in which case our standard rates will apply. We may rely on information provided by the applicable partner, if any, with respect to the status of your CartEmSoft account.
Disputes: Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60 day period, and all such charges will be final and not subject to challenge.
You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of the Site or the Products or your products or services
Prohibition on Spam: The Site and the Products may not be used for sending of unsolicited email messages (sometimes called "spam"). All messages sent by means of the Site or the Products shall be in compliance with our Anti-Spam Policy.
We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.
You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Products for any unauthorized purpose.
You may only use our templates, any images we provide, or any other features or functionality of the Products with the Products themselves (for example, you may not take an image or template and use it on your website).
Limitations on Use: You understand that not all messages or campaigns sent through use of the Site or the Products will be received by or will be capable of being viewed by their intended recipients. You further understand that delivery of messages by means of the Site or the Products may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
Among other things, the Products permit you to
(i) communicate about or administer contests, competitions, sweepstakes, or other similar promotional events ("Promotions");
(ii) sell your products and services to your subscribers and others in the form of various promotional deals or coupons ("Deals"); and
(iii) offer digital deals, tickets, coupons, vouchers, passes or cards (each, a "Digital Reward") to your subscribers and other third parties.
You are solely responsible for your products and services, events, Promotions, Deals, and Digital Rewards, including any and all injuries, illnesses, damages, claims, liabilities and costs suffered in respect thereto. You shall bear all costs of procuring and delivering your products, services, Promotions (including any prizes offered), Deals and Digital Rewards and running your events, including any associated shipping, taxes and any other fees associated therewith. You hold all necessary governmental and third party licenses, approvals and authorizations necessary to offer your products and services, Promotions, Deals and Digital Rewards and run your events, if any.
You agree to provide your products and services, Promotions, Deals and Digital Rewards and run your events in a safe and professional manner, consistent with industry best practices, including keeping reliable records.
For every message or campaign sent or distributed via the Products, you agree that we may add a link to our Site and a statement such as "Email Marketing by CartEmSoft " or "Powered by CartEmSoft " in the footer or other similar location that does not unreasonably obscure the message or campaign.
No Rights in Software : This is an Agreement for services and access to the Site, and you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or the Products or any software, documentation, or data related to the Site or the Products ("Software"); remove any proprietary notices or labels from the Site or the Products or any Software; modify, translate, or create derivative works based on the Site
Compliance with Laws : The Site and the Products shall only be used for lawful purposes and you shall use the Site and the Products only in compliance with this Agreement, the CAN-SPAM Act and regulations there under and all other applicable , state, local and international laws in your jurisdiction, including but not limited to (a) Anti-Spam Legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws, (b) laws relating to advertising, sales or promotional efforts or practices, redemption,
refunds and provision of your products or services, (c) laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective products or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards, and (d) laws that govern lotteries, sweepstakes.
Although we have no obligation to monitor the content provided by you or your use of the Site or the Products, we may do so and may block any messages or campaigns, remove any content, including surveys, event registrations, social campaigns, Promotions, Deals or Digital Rewards, or prohibit any use of the Site or the Products that we believe may be (or is alleged to be) in violation of the foregoing or any other provision of this Agreement. You further understand and agree that any applicable third party who supports your Promotions, Deals or Digital Rewards also has the right to monitor, reject, block or remove any of your Promotions, Deals or Digital Rewards at any time. In no case will such monitoring or related action make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
YOU EXPRESSLY AGREE THAT THE SITE AND THE PRODUCTS (INCLUDING ANY CUSTOM SERVICES OFFERINGS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE OR THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE SITE OR THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS
NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE PRODUCTS SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE PRODUCTS.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING THE SITE OR THE PRODUCTS, (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES.
Entire Agreement : We and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
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