Terms of use


WELCOME TO MAILPUNCH A PROPRIETARY SOFTWARE platform OWNED AND DEVELOPED BY TSL CONSULTING PVT LTD and OFFERED THROUGH THE WEBSITE www.themailpunch.com. (THE “PLATFORM”). THE PLATFORM ALSO INCLUDES ANY OTHER WEB PROPERTIES, INCLUDING DOMAINS OR RELATED PAGES, MOBILE VERSIONS OWNED OR OPERATED BY TSL. THIS PLATFORM IS A B2B AND B2C MARKETING/PROMOTIONAL PLATFORM AND CONSISTS OF MARKETING AUTOMATION TOOL FOR THE USERS FOR THE PURPOSE OF AVAILING SERVICES. TSL MAINTAINS THIS PLATFORM AS A SERVICE TO THE USERS. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE FOLLOWING TERMS OF USE (“TERMS”).

You must read, agree to, and accept all of the terms and conditions contained in these Terms even if you only browse the Platform in order to use our data base Platform .If you do not agree to the Terms, any use of the Platform by you is unauthorized and you should stop accessing the Platform immediately.

Your use of the Platform and any of our Services including any of its functionalities constitutes a continuing acceptance of these Terms, meaning that each time that you access the Platform or use any of our Services you agree to the then-current version of these Terms. If you are a User using this Platform on a B2B basis, you shall ensure that your authorized representatives use or access this Platform subject to the acceptance and continuous compliance of these Terms.

You shall not access our Service if you are our direct competitor, except with our prior written consent. In addition, you may not access our service for purposes of monitoring its performance or functionality, or for any other benchmarking or competitive purposes.

 

  1. DEFINITIONS
    1. “TSL”; “us”; “we”; “our” shall mean TSL Consulting Private Limited, a company registered under Companies Act, 2013 having its registered office at 253/8, Baner park Kumar Paragon park, House no. 3, Aundh, Pune MH 411007 IN.
    2. “User(s)” shall mean the entities who access and register themselves on the Platform through their authorised representatives accessing or using the Platform on behalf of a legal entity.
    3. “Services” shall mean and include email marketing services i.e. sending bulk emails, uploading database to schedule email marketing campaigns, automated email marketing service , social media posting (Facebook and Twitter), email validation, generate campaign report available for the Users on the Platform.
    4. “User Account” shall mean the account that the User shall be required to create on the Platform by providing the information sought by us, in order to avail the Services of the Platform.
  2. ELIGIBILITY
    This Platform is intended for the use of Users who are of 18 years of age or older and who have a legal capacity to enter into these Terms. This Platform is not directed for use by any User under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Platform. This Platform is intended for the use of Users who have registered on the Platform. The Services are not available to any Users previously removed from the Service by us. If you are accessing an User Account to use the Services then you represent and warrant that you: (i) are an authorized representative of such User and agree to be bound by these Terms on behalf of such User in case under the age of 18 (ii) all required registration information you submit is truthful and accurate, (iii) you will maintain the accuracy of such information, (iv) your use of the Service does not violate any applicable law. We shall not be under any obligation to verify your authority or eligibility.
  3. YOUR REGISTRATION
    As condition for using Services, User must complete the registration on the ‘Sign Up’ page and creates a User Account by selecting a password and entering its entity’s domain email address on the Platform. The User agrees to provide TSL with accurate, complete, and updated registration information and authorize the use and disclosure of your information to us in order to allow us to provide the Services. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of the User’s User Account.
    The User Account gives access to the Users to the Services and functionalities that we may establish and maintain from time to time in our sole discretion. We also, at our sole discretion, reserve the right to refuse or cancel registration of any User Account which we deem inappropriate.
  4. USE OF SERVICE
    1. Subject to these Terms, you are hereby granted a fixed-term, non-exclusive, limited, non-transferable, revocable, non-sub licensable, license to use and access the Services for your business and internal organisational use only and as permitted by the features of the Services in accordance with these Terms. TSL grants you this license as set forth in these Terms, provided that: (i) you will not copy, distribute, or disclose any part of the Services in any medium; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; (iii) you agree not to sell, license, rent reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any Services; (iv) use the Services to create, promote or market any competing software; (v) interfere with or disrupt the integrity and performance of the Platform and (vii) you will otherwise comply with these Terms. Nothing herein contained shall be construed as granted to the User any intellectual property right, which includes copyrights, regarding the Platform and/or Services except as expressly provided for hereunder. TSL reserves all rights not expressly granted herein. Use of the Platform for any purpose not expressly permitted by these Terms is strictly prohibited.
      1. Details of Services of the Platform: Subject to payment of the Subscription Fees, the Platform shall allow you to avail the following Services:
        Marketing communication services by sending Email based on database of customers provided by Users. (“Marketing Communication”)
      2. Automated email campaign for the Users
      3. Users to make use of customized email templates.
      4. Easy to manage email listing.
      5. Posting of email text on the social media platforms like Facebook and Twitter.
      6. Users may request for validation of email domain addresses before sending emails to its customers.
      7. Users can view/download reports with respect to which recipients have opened, clicked, bounced, unsubscribed etc.
    2. The User shall use the Platform subject to the terms and conditions as prescribed by TSL from time to time. User represents that that it has the domain service providers permissions to send the bulk emails through its User Account. The Users will log in to their User Account and send mails to its customers. The database required for sending the bulk emails shall be provided by the Users. The customers will have the option to unsubscribe to the emails.
    3. MODIFICATIONS TO THE SERVICES
      1. We reserve the right to modify or discontinue the Services (or any part or content thereof), or change the pricing of the same, by informing you fourteen (14) days in advance. We shall not be liable to you or to any third-party for any modification, alteration, price change, suspension or discontinuance of the Services.
      2. We reserve the right, but are not obligated, to limit our Service(s) to any person, geographic region or jurisdiction.
  5. SUBSCRIPTION TERM:
    1. For free Trial Version: The license to use the free trial version of the Services through our Platform is limited to 500 promotional emails per User Account with validated company email ids and only two email ids per validated company valid for only 30 days. TSL reserves the right to change the terms of the free trial version or discontinue the free trial version on its own discretion.
    2. For Paid Version: The Platform lists various paid versions for subscription for accessing and using the Services. The license to use, and access the Services is granted to you for a subscription model which is based on the time period under each subscription plan as selected by you. (“Subscription Plan(s)”). The Subscription Plan shall be effective from the actual date of your payment of Subscription Fees. The Users shall be accepting the end user license agreement (“EULA”) at the time of accessing the Services of the Platform.
  6. SUBSCRIPTION FEES (APPLICABLE TO PAID VERSION):
    1. In consideration of the Services provided under these Terms by TSL, Users agree to pay us the Subscription fees (“Subscription Fees“) in advance for the Subscription Plan opted for and agreed to, on our Platform through the payment gateway available on the Platform.
      1. We may at our discretion choose to terminate your subscription in the event you are in breach of any of these Terms, in which case, we shall notify you about the same in writing.
      2. In case you unsubscribe the Services, TSL shall not be will NOT refund the Subscription Fees paid by you as the subscription features shall remain active till the end of the Subscription plan.
    2. The User shall pay the Subscription Fees using the payment gateway of CC Avenues (“Payment Gateway”) available on the Platform. All payments shall be collected online only. Subscribers can make payment using net banking, credit card, debit card and/or mobile payments through Payment Gateway. Subscriber shall be directed to the hyperlink of the Payment Gateway and complete the transaction after accepting the terms and conditions of the Payment Gateway. User understands that TSL shall not be accessing any payment and bank details of the Users and same shall be made through the Payment Gateway. TSL shall not be liable for any claims, damage or losses relating to the transactions through the Payment Gateway.
  7. CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT
    User shall be solely responsible for (i) maintaining and ensuring the confidentiality and security of your User Account’s login information, and (ii) all activities that are conducted under your User Account. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your User Account. Users are prohibited from transferring their User Account or to disclose their password to any third party. and shall be solely responsible for any use of or action taken through the use of such password in the Service. TSL shall not be liable for any loss or damage caused by any unauthorized use of your User Account, loss of data or functionality by the User. By using your User Account, you acknowledge and agree that the TSL’s account security procedures are commercially reasonable. You agree to immediately notify the TSL in the event of any unauthorized use, or suspected unauthorized use, of your User Account or any other breach of security. You shall be solely responsible for Your acts and omissions.
  8. PRIVACY & SECURITY
    TSL cares about the privacy of our Users, the integrity and security of the User’s personal information. The personal information collected by us is subject to and governed by our Privacy Policy located at https://themailpunch.com/privacy-policy/. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed.
  9. USER CONTENT
    The User shall be providing data relating to the email content, details of the customers, any additional information for sending out the Marketing Communication (“User Content”). You represent and warrant that with respect to any User Content shared with TSL you shall  (i) abide by all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing (including National Do Not Call Registry (https://telemarketing.donotcall.gov), email, fax marketing, customer solicitation and privacy; (ii) ensure your mailings or other communications will be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address; and (iii) abide by all applicable industry association guidelines and regulations. TSL shall not be liable for any claims relating to the ownership, infringement, accuracy and completeness of the User Content.
  10. PROPRIETARY RIGHTS OF TSL:
    You understand, acknowledge and agree that TSL is the sole owner of all rights, title and interest, including all intellectual property rights in the Platform and used in connection with the Platform. Nothing herein contained shall be construed as grant of any intellectual property right, which includes copyrights, trademark of this Platform.
  11. USER CONDUCT
    You may only access and use the information for the purpose of availing Service. You agree not to:
    1. Violating laws and rights: You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
    2. Disruption: You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
    3. Impersonation or unauthorized access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or User when using the Website; You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means. You may not attempt to disable, “hack” or otherwise interfere with the proper functioning of this Website.
    4. TSL reserves the right (but is not obligated) to do any or all of the following:
      1. Remove communications that fail to conform with these Terms;
      2. Terminate a User’s access to the entire Website or specific features of the Website;
      3. Edit or delete any communications posted on the Website, regardless of whether such communications violate these standards.
  12. INDEMNITY
    You agree to defend, indemnify and hold harmless TSL and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, suits, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Services, including any data or Content transmitted or received by you; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) user content or any other information or content that is submitted through your User Account including without limitation misleading, false, incomplete or inaccurate information; you’re your negligent or wilful misconduct.
  13. DISCLAIMER
    TSL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF ANY INFORMATION CONSTITUTING PART OR ALL OF THE SERVICE, INCLUDING THE CONTACT INFORMATION OF ANY PERSON AND BUSINESS.WE MAKE NO GUARANTEES, REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO COMPLETENESS AND ACCURACY OF THE INFORMATION, OR OTHER USER CONTENT THROUGH THE SERVICES. IN NO EVENT, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF OUR SERVICES AND THE USER CONTENT. THE USER SHALL ALL TIMES BE LIABLE FOR THE CORRECTNESS AND NON INGRINGMENT OF THE USER CONTENT AND TSL SHALL NOT BE LIABLE FOR ANY THIRD PARTY CLAIMS RELATING TO WRONG INFORMATION, IMPROPER SUGGESTIONS, REPORTS, BEING GIVEN ON THE PLATFORM, NOR SHALL TSL BE LIEBALE FOR LOSS RESULTING TO THE USERS OR ANY CLAIM ARISING OUT OF THE USE OR MISUSE OF THESE SERVICES. TSL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TSL SERVICE OR ANY HYPERLINKED PLATFORM OR SERVICE.THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INFRINGEMENT OR TIMELINESS OF THE SERVICES.

    WITHOUT LIMITING THE FOREGOING, TSL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE(S) WILL BE AVAILABLE AT ANY SPECIFIC TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED USING THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

  14. LIMITATION OF LIABILITY
    You expressly understand and agree that TSL shall not be liable under or for contract, negligence, strict liability or other theory (even if TSL has been advised of the possibility of such damages) for (a) any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, (b) for direct or indirect loss, claims, liabilities, costs arising out of or related to or resulting from the use or the inability to use the Platform including but not limited to due to downtime, server failure or otherwise; and/or unauthorized access to or alteration of your content or data through your User Account; statements or conduct of any third party or any other matter relating to the Platform. In no event will the cumulative liability of TSL arising out of or related to these terms exceed any amount in the aggregate in excess of the subscription fees paid by for the services preceding thirty (30) days from the date the claim arose or INR 1000, whichever is less. Your sole and exclusive remedy for dissatisfaction with the service is to stop using the Platform or the Service.
  15. LINKS
    Our Platform contains links to third party web sites, which may include unaffiliated Platform that advertise with us. We do not control the content of these web sites and We make no warranties or representations about their content. Unless specifically stated to the contrary, the TSL is not affiliated with these third parties and does not endorse or sponsor their web sites, products or services.
  16. TERMINATION/ ACCESS RESTRICTION
    TSL reserves the right, in its sole discretion, to terminate your access to the Platform and the related Services or any portion thereof at any time, without notice. Your right to access and use the Platform terminates automatically upon your material breach of any of the of these Terms. TSL shall not be liable to refund Subscription Fees for the unutilised period.You agree that no joint venture, partnership, employment, or agency relationship exists between you and TSL because of these Terms or use of this Platform. TSL’s performance of these Terms are subject to applicable laws and legal process, and nothing contained in these Terms are in derogation of TSL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by TSL with respect to such use.
  17. GENERAL PROVISIONS:
    1. Assignment and no waiver: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TSL without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TSL’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    2. Notification Procedures and Changes to the Terms: TSL may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you through an email or messages, or through posting of such notice on the Platform, as determined by TSL in its sole discretion. The Users may also choose to discontinue receiving such notification as described in these Terms. TSL is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
    3. Entire Terms: These Terms, together with any amendments and any additional agreement you may enter with TSL in connection with the Service, shall constitute the entire agreement between you and TSL concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
    4. Governing Law, Jurisdiction and Dispute Resolution: These Terms shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute or claim relating to these Terms of Use shall be resolved by binding arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 and the seat of the arbitration shall be in Pune. The language of the proceedings shall be English.
    5. Contact us: Questions or comments regarding this Platform, including any reports of non-functioning links, should be submitted using our Contact Us Form or via registered mail to: info@themailpunch.com
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