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
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
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 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.
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 firstname.lastname@example.org.
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
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
Personal Data Protection Policy For more details, see our
Private Data Protection Policy for more
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
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.
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.
This Statement expresses the complete understanding of the parties
with respect to the subject matter and supersedes all prior
proposals, agreements, representations and understandings.
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
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.
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
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).
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 email@example.com, firstname.lastname@example.org
or email@example.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
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.
All email blasting campaigns and clients of Appxonic Online
Email Marketing Platform are subject to the
Republic of Singapore Spam Control Act 2007
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
Accurate as at 1 July 2014.