HandicapMaster E-Mail Service - Terms of Service
Last Updated: April 2018
This Terms of Service forms the Contract and Terms of Service between the entity that accepts this agreement ('you') and HandicapMaster Ltd ('us', 'we'). This agreement is effective on the date we provide you with a confirmation that The Service is available for use.
The HandicapMaster E-Mail service is an optional part of the HandicapMaster product and customers may use HandicapMaster without having to use this service. In that case this aggrement is not applicable.
Definitions.
'The Products' or 'The Product' means HandicapMaster E-mail Service for installation on the customer computer(s) as part of the HandicapMaster Product.
'The Services' or 'The Service' The HandicapMaster E-mail is a service provided by HandicapMaster Limited for organizations to send e-mails to members, visitors and other contacts who have confirmed their wish to receive e-mails from your organization.
1. Acceptance of Terms
HandicapMaster Limited provides its E-mail service to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you.
By registering your organisation with HandicapMaster, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it.
2. GDPR use of other 'Processors'
HandicapMaster Limited provide this service using a third party E-mail service company. This company is SparkPost.
3. Registration
The person who registers the organization or to whom responsibility is subsequently assigned by the organization is responsible for the content of e-mails sent using The Service.
4. Privacy, Messaging and Terms of use policy
HandicapMaster Limited's Privacy Policy Statement forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.
E-mails sent using The Service MUST only be sent to recipients who have opted in to receive e-mails and you must remove recipients who request removal in a timely manner from distribution lists.
HandicapMaster Limited as part of the terms of use reserves the right to request additional payment from organizations making use of The Service where an organization makes excessive demand and use of The Service.
In addition the SparkPost policies are applicable to this service, and you agree to the terms in those policies.
5. Operation of HandicapMaster E-mail Service
HandicapMaster Limited reserves the right to withdraw or modify one or more aspects of the HandicapMaster E-mail service where we have legal or technical reasons to do so, whether under our direct control or outside of our control.
We cannot guarantee information that is sent using the HandicapMaster E-mail service can be recovered in the event of loss following a technical problem with The Service. Users accept that information may need to be re-sent or re-entered.
For security or other reasons, we may require you to change account or other information which facilitates access to the HandicapMaster E-mail Service.
You acknowledge that HandicapMaster Limited may establish general practices and limits concerning use of The Service, including without limitation the maximum amount of data that The Service will accept.
You agree that HandicapMaster Limited has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by The Service.
You acknowledge that HandicapMaster Limited reserves the right to cancel accounts that are inactive for an extended period of time.
6. Modifications to Service
HandicapMaster Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Service (or any part thereof) with or without notice. You agree that HandicapMaster Limited shall not be liable to you or to any third party for any modification, suspension or discontinuance of The Service.
Use of un-approved third party applications or 'apps' to access The Service is not supported. Use of such third party 'apps' is at the sole risk of the user. HandicapMaster Limited will not provide support to un-approved third party access and may at its discretion prevent such access where this appears to be in breach of any provision of this Agreement or may bring The Service or HandicapMaster Limited into disrepute, or be a risk to the integrity of The Service.
7. Content Submitted or made available to the HandicapMaster E-mail Service
HandicapMaster Limited does not claim ownership of Content you submit to The Service.
8. Misuse of HandicapMaster E-mail Service
HandicapMaster Limited reserves the right to suspend or terminate accounts on the HandicapMaster E-mail Service if:
- The material appears to us to be in breach of any provision of this Agreement or may bring HandicapMaster Limited into disrepute.
- The customer fails to pay any additional charges over and above their annual HandicapMaster charges where a customer makes excessive demand and use of The Service and HandicapMaster Limited have invoiced the customer and the additional payment is not made.
9. Relevance
The HandicapMaster E-mail Service is intended to be used by its Users for the purposes referred to in 'Definitions' above. Accordingly, Users must not place material on, or otherwise use, the HandicapMaster e-mail Service for other purposes.
10. Prohibitions
You are responsible for ensuring that no material you submit, or which is submitted through a machine on which you access the HandicapMaster E-mail Service, nor any activity or communication you make in connection with the HandicapMaster Service, will be capable of:
- infringing the intellectual property or other rights of any person or entity,
- breaching any applicable law, whether criminal, tortious or otherwise, or
- appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading
- sending of spam or junk e-mail
- risking damage to the integrity of The Service and any third party service providers.
11. Disclaimer
HandicapMaster Limited has no control over or responsibility for the truth or accuracy of any material made available by organizations using the HandicapMaster E-mail Service, whether provided by Users or others.
Your use of the HandicapMaster E-mail Service is entirely at your own risk.
12. Intellectual Property
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the HandicapMaster E-mail Service are owned by HandicapMaster Limited or appropriate third parties.
13. Excluded loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).
HandicapMaster Limited will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
14. Changes to this Agreement
HandicapMaster Limited reserves the right to change this Agreement from time to time and post the new version to this website.