This agreement is between Esteiro Business Solutions Ltd. “Esteiro”, authors and owners of the Gold-Vision Connect email marketing service, and authorized trial or subscription users “The User”.
By using the Gold-Vision Connect service you are agreeing to the terms and conditions that appear below:
1. Definitions
1.1 “Software” – means the web application provided for use. This is periodically updated without notice to provide enhanced or repaired functionality.
1.2 “Documentation” – means the online help documentation accessible from the Gold-Vision Connect Email application.
2. Amendment to this agreement
2.1 We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately upon notification on the Gold-Vision Connect website. Your continued use of Gold-Vision Connect Email following such notification is based on acceptance of the amended Agreement.
3. Gold-Vision Connect email usage and content
3.1 Gold-Vision Connect Email may only be used in compliance with current applicable laws and standards, including, but not exclusively:
- Data Protection Act 1998
- Distance Selling Regulations 2000
- European Privacy Directive
- US CAN-SPAM Act
- DM Code of Practice
- Canada CASL
3.2 The User agrees to indemnify Esteiro against any damages, losses, liabilities incurred in connection with any claim or action that arises from any alleged infringement of laws or standards arising from their illegal use of Gold-Vision Connect Email.
3.3 Emails sent from the Gold-Vision Connect system will be monitored in order to ensure that unsolicited emails (spam) or emails containing offensive or other inappropriate content are not being sent.
3.4 All emails sent from the Gold-Vision Connect system will include the message “You are an intended recipient of this email as [email address]. To stop receiving this correspondence please use the following link: [unsubscribe link] “. This message will include a link to the Gold-Vision Connect website to allow recipients to unsubscribe from this particular campaign, or from any future campaigns from your organisation.
3.5 We reserve the right to cancel your access at any time if excessive or serious spam complaints are received or it is suspected that you are using the service to send spam.
3.6 We reserve the right to cancel your access at any time if we suspect you are sending offensive or inappropriate content.
3.7 We reserve the right to cancel your access at any time due to non-payment of any fees associated with the Gold-Vision Connect service.
3.8 The user is responsible for monitoring their quota limits. Esteiro Business Solutions Ltd. accepts no responsibility for unsent emails due to quota limits being reached.
3.9 Users of the Gold-Vision Connect service are responsible for keeping total confidentiality of the password and username that may be assigned to you on registration. As a result users are fully responsible for all actions and activities that take place under such password and username. If you believe there has been an unauthorized use of your password and your username or if their confidentiality is in any way compromised, it is your responsibility to contact us immediately at [email protected].
4. Email recipient management
4.1 Users of the Gold-Vision Connect service are responsible for manually unsubscribing users from their mailing lists should those users request unsubscription through any means other than the link provided on all emails sent by Gold-Vision Connect.
5. Non-disclosure
5.1 Esteiro will treat as confidential all information obtained from The User or in connection with this agreement which is designated as confidential by the other party or which is by its nature clearly confidential. Esteiro will not disclose such confidential information to any person (except only to those employees, agents subcontractors, suppliers and other representatives who need to know it) or use such confidential information for purposes other than the services without the other party’s prior written consent. This clause will not extend to information which:
- was in the possession of the recipient party (with full right to disclose) before receiving it; or
- is already or becomes public knowledge (otherwise than as a result of this clause); or
- is independently developed by the recipient party without access to or use of such information
5.2 Esteiro will ensure that all persons to whom it discloses any confidential information of the other party are aware prior to disclosure of the confidential nature of the information and that they owe a duty of confidence to the other party. These obligations of confidentiality will survive any termination of this Contract
5.3 Esteiro will establish and maintain adequate security measures to safeguard information and data of the other party in its possession from unauthorized access use or copying.
6. Gold-Vision Connect warranty
6.1 Esteiro warrants that Gold-Vision Connect will materially conform to the applicable functionality in the then-current version of the documentation, subject to the condition that Esteiro’s obligation under this warranty is limited to correcting the Software to meet this obligation. This warranty does not apply if the Software is used other than permitted in this agreement.
6.2 No other warranty, expressed or implied, is offered by Esteiro. Specifically, Esteiro does not warrant the software to be fit for any specific customer’s business needs, nor does Esteiro make any representations as to the merchantability of the software. Esteiro does not warrant that the use of the software will be uninterrupted and/or error-free.
7. Limitation of liability
7.1 Should Esteiro breach any of its responsibilities under this Agreement or should Esteiro in some manner be negligent, regardless of the form or theory of any legal or equitable action brought against Esteiro by a user, user’s sole remedy for such breach and recovery shall be limited to general money damages (and no other relief) in a total amount not to exceed 150% of the amount paid for the use of Gold-Vision Connect. This amount includes any and all claims combined, including any costs, and/or legal fees incurred, and the foregoing shall constitute the exclusive remedy.
7.2 Under no circumstances shall Esteiro be liable for any loss of profits, loss of and/or corruption of data, special, economic or consequential losses, loss of business and/or business interruption even if Esteiro was advised of the possibility of such damages.
7.3 No action under this Agreement may be brought by a user more than one year after the cause of the action arose.
Last Updated April 2018
