Copyright ©
2007 Maxmail.co.nz and Genesis Web Strategies Ltd (referred to as Genesis
Interactive from here on in) – All Rights Reserved
When you
purchase this software you agreed to accept the terms of this Agreement. This
Agreement is a legal contract, which specifies the terms of the license and
warranty limitation between you and 'Genesis Interactive'. You should carefully
read the following terms and conditions before signing this booking form or
using this software. Unless you have a
different license agreement obtained from 'Genesis Interactive', installation
or use of this software indicates your acceptance of the license and warranty
limitation terms contained in this Agreement.
Versions of the Software: Only one user account may be used
per Maxmail account.
License to Redistribute: Distributing the software user
account and/or documentation with other products (commercial or otherwise) by
any means without prior written permission from ' Genesis Interactive' is
forbidden. All rights to the Maxmail software and documentation not expressly
granted under this Agreement are reserved to 'Genesis Interactive'.
Term: This contract is for a set period of
12 months. Cancellation before the completion of the term will incur penalties
equivalent to the amount outstanding on the term.
Money Back Guarantee: The money back guarantee applies
until a period of 30 calendar days from the date of signing this booking form.
Cancellations after the 30 day period has lapsed will incur penalties as
detailed above.
No SPAM: By signing this contract you
expressly take full responsibility of your business's acceptance of our Anti
Spam policy. Further to that you also agree that you will not use any
unsolicited mailing lists and/or mobile phone numbers where you don't have the
permission of the holder of the email address or mobile phone to send
electronic communication. It is your responsibility to keep yourself up to date
with our anti Spam policy and the Unsolicited Electronic Messages act of 2007
or the UEM. MaxMail or Genesis Interactive does not accept any liability for
any breaches of the UEM on your part.
Refusal of service: In the event we receive complaints
about your disregard for the UEM Genesis Interactive will review the complaint
and investigate further to verify the complaint. If found guilty you will be
requested to address the situation in writing within 14 days of our enquiry
finding your in breach of this clause. Failure to conform to our first request
a further warning period of 7 days will be allowed. Failing that we will cancel
your account immediately with full payment of the remaining term and if
required refer you to the appropriate law agency. In addition to that Genesis
Interactive reserves the right to refuse access if your services offered are deemed
inappropriate.
Refunds: If you are not satisfied with your purchase, within a 30-day period, you are able to make use of our 30-Day Money Back Guarantee and get a full refund upon providing sufficient reason for your discontent.
Disclaimer of Warranty: THIS SOFTWARE AND ACCOMPANYING
DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO
PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR
IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH
Maxmail MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS
OFFERED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY
LIABILITY OF 'Genesis Interactive' WILL BE LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT OR REFUND OF PURCHASE PRICE. IN NO CASE SHALL 'Genesis Interactive'
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT
OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR
IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER
LEGAL THEORY. THIS IS TRUE EVEN IF 'Genesis Interactive' IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Genesis Interactive LIABILITY
EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY LICENSEE TO 'Genesis
Interactive'.
Warning: This program is protected by
copyright law. Unauthorized reproduction or distribution of this program, or
any portion of it, may result in severe civil and criminal penalties, and will
be prosecuted to the maximum extent possible under the law.