INTRODUCTION TO APPXONIC TERMS OF USE

IMPORTANT - READ CAREFULLY: These "Terms of Use" (sometimes referred to as this "Agreement") constitutes a legal agreement between you and APPXONIC, LLP a Singapore limited liability proprietorship, ("APPXONIC," "we," or "us"). You are a customer ("Member") (or will become a Member if you agree to our Terms of Use by clicking below). The "Term" is the time during which you are entitled to use our website to create and send out electronic newsletters and other digital content. If an individual purports, and has the legal authority, to sign these Terms of Use electronically on behalf of an employer or client, "you" refers to the employer or client. If not, "you" refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking the button to join APPXONIC, you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button, after typing in your username, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Member above, does hereby represent and warrant that such agreement is being made with full authority.

APPXONIC TERMS OF USE

APPXONIC provide access to and the use of this website subject to the following Terms and Conditions.

Your Acceptance of these Terms Your use of our website constitutes your agreement to both the terms and conditions and anti-spam policy contained in this document. If you do not agree with the contents of this document either in full or in part, you should cease using this website immediately.

Changes to the Terms and Conditions APPXONIC reserves the right to change, add or delete terms of this policy at any time and will post these changes on our website. You are therefore advised to visit the APPXONIC website on a regular basis to obtain notice of such changes.

Terms of Use and Copyrights All website design, names, images, text, graphics, logo and the arrangement thereof are owned by or licensed to APPXONIC or otherwise used by APPXONIC as permitted by applicable law. However, by coincidence part of the materials/graphics used in this website are copyright materials, please e-mail us and we will remove it immediately. Otherwise, nothing contained herein shall be construed as conferring by implication, or otherwise on you any license or right to any such matters.

By using APPXONIC website, you agree that you will not copy, store in any medium (including in any other website, but except for short term caching of webpages on your local computer), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of APPXONIC's website without the prior written permission of APPXONIC or in accordance with the Copyright, Designs and Patents Act 1988. The material contained in APPXONIC's website must not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of APPXONIC at info@appxonic.com.

You agree when using APPXONIC's website not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose. You may only use this website for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive material within this site.

APPXONIC is providing this website and its contents on an "AS IS" and an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will APPXONIC be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from or in connection with the use of our website or loss of use or data or profits suffered by you, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site.

Whilst APPXONIC will try to ensure that the standard of this website remains high, we do not warrant that the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information.

If there is a conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The courts of Singapore have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of this website.

Personal Data Protection Policy For more details, see our Private Data Protection Policy for more details.
 



This General Non-Disclosure Statement is automatically applied to all customers who make use of our free or paid services provided in this website. It is basically drawn for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. Your rights as a 'Customer' to this Statement are limited by our terms and conditions as listed above.

1. Definition of Confidential Information.
For purposes of this Statement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.

2. Exclusions from Confidential Information.
Receiving Party's obligations under this Statement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.

3. Obligations of Receiving Party.
Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Statement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.

4. Time Periods.
The nondisclosure provisions of this Statement shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Statement, whichever occurs first.

5. Relationships.
Nothing contained in this Statement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

6. Severability.
If a court finds any provision of this Statement invalid or unenforceable, the remainder of this Statement shall be interpreted so as best to effect the intent of the parties.

7. Integration.
This Statement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings.

8. Waiver.
The failure to exercise any right provided in this Statement shall not be a waiver of prior or subsequent rights.

This Statement and each party's obligations shall be automatically binding on the representatives, assigns and successors of such party.




GUIDELINES

Before adding new recipients to your contact list, you need to ensure that you have the proper permission for each and every recipient on your list. Why? Without proper permission, you run the risk of getting reported for spam, or worse, being sued under anti-spam laws. The basic principle of permission is that you can only email people who have explicitly given you permission to contact them, and only about subjects that they have specifically agreed to. Failure to ensure that all your recipients fall into the "Acceptable Use" category below will result in immediate termination of your account.

ACCEPTABLE USE

Explicitly opted in with you online. Each recipient subscribed to your list online and opted in for one or several types of mailings, for example by clicking one or more subject-related checkboxes that were unselected by default. Co-registration on a partner's site is OK as long as as there are separate opt-in options for each list and it is clear to users that they are subscribing to your list. If you haven't sent the recipient email in over 6 months, we recommend a reintroduction message reminding them what they subscribed to, and when.

Explicitly opted in with you offline. Recipient completed your offline form, survey or participated in your contest and gave their express permission to be contacted by email about specific subject(s), for example by ticking an empty checkbox.
Gave you their business card at an event. If it's absolutely clear that by giving their card the recipient would be added to a list with a particular subject matter, you have permission. We recommend an introductory message reminding them what they subscribed to, and when.

Explicitly opted in for the subject you are contacting them about. When opting in, it should be clear to the recipient what the nature of the mailings will be. For example, just because someone opted in for updates about a specific product doesn't mean you can also add them to your general newsletter or promotional mailings for other products.

Bandwidth Quotas (Outgoing Emails)
Bandwidth quotas keep the amount of bandwidth used by each individual account on the server at a reasonable and fair rate. Unlimited blasting on Appxonic Email Marketing platform is subject to normal corporate use (30 X the size of the subscription plan / 1 X campaign daily).

UNACCEPTABLE USE

Email address copied from the Internet or other source. Just because someone published an email address online, in a directory or on a business card, doesn't mean they've given permission to be added to your mailing list.
No email sent to recipient's address in over 2 years. Even when proper permission is granted, it doesn't last forever. When too much time goes by, people forget they opted in and will consider your email to be spam. The industry norm is that permission expires after 2 years of no contact.

Email address obtained from a third party. If you purchased, rented, borrowed or otherwise acquired a list from another party, even if it's an opt-in list, the recipients didn't give their permission to hear from you specifically.

Recipient is a customer but hasn't opted in. Just because someone is your customer doesn't give you explicit permission to send them email marketing messages. They would first have to opt in for the specific subject about which you are contacting them.

Email address is generic and used by several people. You cannot email to generic email addresses like sales@domain.com, info@domain.com or webmaster@domain.com because they are often role-based and the users of such addresses change frequently. The only exception to this rule would be if you knew the recipient and were sure that it was their permanent individual email address.

Email address is a distribution list or mailing list. You cannot send email to any address that forwards to more than one person because it is impossible to determine whether all recipients have given permission, and there is no way for them to unsubscribe individually.

Mandatory content
Every email you send using APPXONIC Online Email Marketing Platform must include the following:

A single-click unsubscribe link that instantly removes the subscriber from your list.
The name and physical address of the sender.

Regulations
All email blasting campaigns and clients of Appxonic Online Email Marketing Platform are subject to the Republic of Singapore Spam Control Act 2007

Reporting Spam
If you have received unwanted, unsolicited email sent via APPXONIC Online Email Marketing Platform or purported to be sent via APPXONIC, please forward it to abuse@emailmarketing.sg.

Accurate as at 1 July 2014.



Home  |  About  |  Features  |  Pricing  |  Services  |  FAQ  |  Portfolio  |  Contact  |  Terms of Use  |  Anti-Spam Policy | Data Protection Policy


Copyright © 2011 - 2016.  All Rights Reserved  | Appxonic, LLP (Singapore)
Powered by Appxonic - Creating Value thru Mobility
All email blasting campaigns and clients are subject to the Republic of Singapore Spam Control Act 2007