Terms and Conditions (Includes Privacy Statement and Anti-Spam Policy)
Last Updated August, 2011
The following terminology applies to these Terms and Conditions and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this platform and accepting the Company’s terms and conditions. “Platform” refers to the Jeeni Website, Jeeni Publisher and Jeeni Mobile Reader. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company are the only people who use any information collected from individual customers on a need to know basis only. We constantly review our systems and data to ensure the best possible service to our customers.
I am a Jeeni Customer.
• Your account
information is held in strict confidence. All customers’ account information is. We do not sell or share your information with anyone. We only collect information like your name, email address, mailing address, phone number, and billing information so we can provide the email marketing services described on this website.
I am a Jeeni Customer, what are my responsibilities towards my own email lists.
• The Jeeni customer owns and is fully responsible for the handling of his own list. By signing-up to use Jeeni as a marketing and communication tool he agrees not to use his lists for improper purposes, as covered by these Terms and Conditions. He may not sell the lists to any third party or use them outside of the platform with the purpose of spamming.
I am a subscriber to an email list managed by a customer using Jeeni.
• Your email address, name and any other information are held in strict confidence. We only keep your information so that the Jeeni customer, whose email list you signed up to, can
email you. We do not contact you. We do not sell or share your information with anyone else.
Anti-Spam Policy
Spammers are absolutely not welcome on the Jeeni platform. If a Jeeni customer is using the platform to spam people we will immediately close the Jeeni account. You will not get any refund. We might charge you money if your spamming causes any interruptions in our ability to service other customers. We might also pursue legal action against you as spamming violates our service agreement.
What Is Spam?
E-mail spam, also known as unsolicited bulk Email (UBE), junk mail, or unsolicited commercial email (UCE), is the practice of sending unwanted e-mail messages, frequently with commercial content, in large quantities to an indiscriminate set of recipients. Full details can be found on the Information Portal of the European Commission here: http://ec.europa.eu/information_society/policy/ecomm/todays_framework/privacy_protection/spam/index_en.htm
The following are actions
you cannot do with the Jeeni platform.
• Send email to people who have not specifically requested that information from you.
• Use email lists that you purchased, rented, leased, or in any way bought from a third party.
• Send unsolicited email through a third party in order to try to get people to sign up to your Jeeni-managed email list.
• Create an automated script to add new subscribers to the web form subscribe methods.
To help you avoid any issues with Spam and improve your customer relationship we have compiled a list of recommendations here. (coming soon)
If you believe you have received spam from a Jeeni customer, please forward the email you received to us at abuse@jeeni.net. Please include the headers of the email when you forward it, and briefly tell us why you believe the message is spam. We take all spam complaints seriously and will investigate promptly. If you should have any questions on Spam, as a Jeeni customer or as a subscriber, just contact us!
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Prohibited Content
You cannot use Jeeni to send anything offensive, to promote anything illegal or to harass anyone. You may not send content related to the following: Pornography Or Nudity Or Other Sexually Explicit Content; Illegal Goods, Substances Or Services; Escort And Dating Services; Pharmaceutical Products; Work From Home; Internet Lead-Generation, Make Money On Online Opportunities, Online Trading, Stock Market Related Content, Gambling Services, Products Or Gambling Education, Credit Repair, Get-Out-Of-Debt Content, Mortgages And/Or Loans, Nutritional Supplements, Herbal Supplements Or Vitamin Supplements, Adult Novelty Items Or References In Content, List Brokers Or List
Rental Services.
If a customer is using Jeeni to send information about a topic not listed above but we feel the content being inappropriate we reserve the right to close that account without prior notice.
Eligibility
We require a minimum age of 18 years to use Jeeni platform. By accepting
these terms you acknowledge that you are at least 18 years of age. We will disable the account if you cannot prove to be at least 18 years of age.
Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent
your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer, Exclusions and Limitations
The information on the platform is provided on an “as is” basis. To the fullest extent permitted by law, Jeeni:
• excludes all representations and warranties relating to the platform its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage
caused to your computer, mobile phone, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
We only accept online payments as described in the payment module in Jeeni Publisher. Our Terms are payment in full within thirty days. We reserve the right to suspend an account until payment has been done.
We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Cancellation Policy
You can cancel your account anytime and instantly by disabling your account online.
Optionally you can contact us to cancel your account, minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Availability
Unless otherwise stated, the services featured on this platform are only available within Europe. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of
any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only
within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s platform uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing
on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website. The brand name Jeeni is a registered trademark in the European Community and other countries. The specific services featured on
this web site are trademarked of Jeeni. Any other names, products, services or other content are trademarks of their respective owners.
Communication
We have several different e-mail addresses for different queries. These & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall
forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of the Grand Duchy of Luxembourg govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or
unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any
changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.