Terms and Conditions – 30/9/2018
EasyClickMarket.com seeks to be a platform that empowers sellers as well as their customers. Providing the Vendors with the necessary resources and information to better manage and prepare for sales of products or services, while being able to reach customers in a convenient way. We at Easy Click Solution would like to welcome you to EasyClickMarket.com
Kindly read through and familiarize yourself with the Terms and Conditions, which shall be referred to as “The Terms” as they hold information about your legal rights, remedies and obligations. By using or accessing the services of EasyClickMarket.com (Hereby referred to as “The Website”, you hereby agree to the terms and conditions set out below. This agreement is entered into by and between Easy Click Solutions, (this includes its agents and subsidiaries (hereinafter referred to as “ECS”); the “Vendor” (Merchant who will be using EasyClickMarket.com to market and sell products or services) and the “Customer” (The End User who will be ordering tickets from an Vendor through The Website.)
- The Following shall be provided by ECS through The Website
Vendor – Access to the merchant section of the Website. This access is at the discretion of ECS and ECS reserves the right to accept or deny any application to use our services from prospective Vendors. ECS also reserves the right to terminate the Vendor account at the discretion of ECS. Through the merchant section, Vendors will be granted access to create and edit online listings of Products or services, which shall be sold through The Website. Access to create Marketing articles and promote their Products or services through social media. Vendors will have the opportunity to manage sales, capture real time data on sales and customer data. Additional marketing services through The Website can be made available to the Vendor at a marketing fee to be determined by the Vendor and ECS. ECS shall collect payments for Products or services on behalf of the Vendor based on the posting created by the Vendor and the prices stipulated by the Vendor. All payments collected by ECS on behalf of the Vendor shall be paid to the Vendor, less the banking and service fees set by ECS. Payments to Vendors shall be made on a Bi-Weekly basis through cheque or Bank Transfer. A Vendor has the right to request the funds less the banking and service fees from sales from ECS at any time.
Customer – Access to the customer section of the Website. This access is at the discretion of ECS and ECS reserves the right to accept or deny any application to use our services from prospective customers. ECS also reserves the right to terminate the customer account at the discretion of ECS. Through the customer section, customers will be granted access to view and comment on products or services, which shall be sold through The Website. Access to comment on Marketing articles and share product postings through social media. Customers will have the opportunity to order products or services electronically from postings created through the Website. Customers ordering products or services through the website, will be placing that order to the Vendor. All monies paid to ECS on by a customer may attract additional banking and service fees set by ECS. Orders placed through the website are to be fulfilled by the Vendor at through a process and time stated by the Vendor and to an address provided by the Customer.>
Note: Fees may be added or removed at the discretion of ECS.
Incoming – ECS shall accept payments through the Website by debit or credit card. ECS is not responsible for additional fees, which the credit card company or the bank of the payer may impose. Payments by Vendors for additional marketing services may take place via cheque or cash. Every payment by either Customer or Vendor shall generate an invoice, which shall be emailed to the customer or Vendor.
Outgoing – Payments or refunds made to Customers from ECS shall be done to the customers Debit or credit card. Payments to customers will be paid less a fee of 4% of the payment amount to cover banking fees and less the processing fees of ECS. Payments, to Vendors may be done via cheque or bank transfer and shall be done on a Bi-Weekly basis, less the banking and service fees set by ECS. Vendors may make a request for an early payment. ECS is not responsible for additional fees, which the credit card company or the bank may impose.
ECS is not the creator, Vendor or owner of the products or services listed on the website. Rather, ECS provides its Services, which allow Vendors to manage products or services and promote their products or services. The Vendor is solely responsible for ensuring that any page displaying their products or services on the Services (and the products or services itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the page are of proper quality, posted with accurate descriptions, delivered as described and in an accurate satisfactory manner. The Vendor of products or services sets the prices, who pays fees and selects the payment processing method for its products or services. Customers must use whatever payment processing method the Vendor selects. If the Vendor selects a payment processing method that uses a third party to process the payment, then neither ECS nor any of its payment processing partners processes the transaction but we transmit the Customer’s payment details to the Vendor’s designated payment provider. If a Vendor uses ECS Payment Processing, then ECS also acts as the Vendor’s limited agent solely for the purpose of using our third party payment service providers to collect payments made by Customers on the Services and passing such payments to the Vendor. ECS assumes no responsibility for the products or services listed on the website. Vendors and Customers are encouraged to contact each other to sort out any disputes. ECS may act as a conduit of communication between the Vendor and the Customer. Vendors agree to be honest and ethical with their listing on the website and business practices.
- Privacy and Customer Information
- Term; Termination
ECS may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by ECS; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose ECS to legal liability. ECS may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in ECS sole discretion, failure to do so would materially prejudice you. You agree that ECS will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
- Release and Indemnification
This is where you agree to cover ECS if you use the Service in a way at causes ECS to be the subject of a legal matter, or to face other claims or expenses.
Release– You hereby agree to release ECS from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and Vendors, Customers or a third party (including other Users) in connection with the products or services listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
Indemnification- You agree to defend, indemnify and hold ECS and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) ECS’s collection and remission of taxes; and (e) if you are an Vendor, your products or services (including where ECS has provided Services with respect to those products or services), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of ECS gross negligence or willful misconduct. ECS will provide notice to you of any such Claim, provided that the failure or delay by ECS in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, ECS may choose to handle the Claim ourselves, in which case you agree to cooperate with ECS in any way we request.
- Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. ECS expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, ECS makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that ECS has no control over and does not guarantee the quality, safety, accuracy or legality of any products or services or Content associated with an products or services, the truth or accuracy of any information provided by Vendors or Customers (including the Customer’s personal information shared with Vendors in connection with an order) or the ability of any Vendor or Customer to perform or actually complete a transaction. ECS has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any Vendor, Customer or third parties ECS requires to provide the Services or a Vendor chooses to assist with an order.
You understand and agree that some products and services may carry inherent risk, and by ordering these products and services, you choose to assume those risks voluntarily. For example, some products or services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to purchase those products or services.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
- IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact ECS First.
If you have a question or concern about the Services, please contact ECS first. The ECS customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that the ECS customer support team is unable to resolve your concerns, the parties (you and ECS) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either ECS or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and ECS. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(e) No Class Actions.
YOU AND ECS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to ECS must be addressed to the following address (“Notice Address”) and must be sent by certified mail: ECS, P.O.Box GR 5182, Gros-Islet LC01 203, St. Lucia to you will be addressed to a mailing, home or payment address currently on record with ECS and must be sent by certified mail. If ECS has no records of such physical address, such notice may be delivered to your ECS account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If ECS and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or ECS may commence an arbitration proceeding.
- License to the ECS Services
Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. ECS may own the Site Content or portions of the Site Content may be made available to ECS through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of ECS and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
Trademarks. The trademarks, service marks and logos of ECS (the ” ECS Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of ECS. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with ECS Trademarks, the “Trademarks”). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of ECS specific for each such use. The Trademarks may not be used to disparage ECS, any third party or ECS or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless ECS approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any ECS Trademark will inure to ECS’s benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by ECS and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
Use of Sub-domains. ECS may provide you with the right to use a sub-domain within the Site. All such sub-domains are the sole property of ECS and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event ECS provides you with a sub-domain, your right to use such sub-domain will continue only for so long as you are actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If ECS terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
- Licenses and Permits Vendors Must Obtain
If you are a Vendor, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start product sales, all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) with respect to selling of products and services by you or your affiliates on the Services.
(b) You and your affiliates will comply, and will ensure that the products or services provided by you or your affiliates on the website will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that ECS offer products and services after you have obtained any specific Licensures for, including, but not limited to, any state, county, municipal or other local authority’s authorization. You and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for Vendor to promote, produce, sponsor products and services posted by you or your affiliates on the website.
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to ECS permitting you to access and use the Services, you hereby agree to release ECS, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold ECS, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any Claim due to or arising out of your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering products and services on the Site and promptly upon the reasonable request of ECS from time to time.
- Your Rights to Submit a Copyright Takedown Notice
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the directions we provided in ECS’s Trademark and Copyright Policy.
- Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
- Fees and Refunds.
Fees That We Charge. Creating an account, listing a product and accessing the Services are free. However, we charge fees when you sell or buy products and services. These fees may vary based on individual agreements between ECS and certain Vendors. Vendors ultimately determine whether these fees will be passed along to Customers and shown as “Fees” on the order or absorbed into the product or service price and paid by the Vendor out of product or service gross proceeds. The fees charged to Customers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Customers for are not necessarily the same as those charged by ECS to the applicable Vendor or the standard fees described on the Services to Vendors. In addition, certain fees are meant, on average, to defray certain costs incurred by ECS, but may in some cases include an element of profit and in some cases include an element of loss. ECS does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing products and services in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Order Transfers. If you wish to transfer an order, you have purchased on EasyClickMarket.com to another individual, please contact the Vendor of the product. If you are unable to reach the Vendor, or the Vendor is unable to arrange an order transfer, please contact us.
Refunds. Because all transactions are between a Vendor and its respective customers, ECS asks that all Customers contact the applicable Vendor products or services with any refund requests. ECS may act as an intermediate between the vendor and Customer should a dispute arise. However, ECS cannot make a decision on any disputes.
Should the Vendor request that ECS process a refund to a customer this refund shall not be inclusive of the Bank fees and service fees charged by ECS. Further, there shall be an additional bank-processing fee of 4% on refunds issued through ECS. Bank fees and service fees are non-refundable.
- Your Account with ECS
We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with ECS or user the Services, including the following:
- You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
- You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the “Registration Data”). You also agree to update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities as to account ownership, ECS will be the sole arbiter of that dispute and ECS decision (which may include termination or suspension of the account) will be final and binding on those parties.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant ECS all permissions and licenses provided in these Terms.
- We may provide you the ability to implement certain permission within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
- You agree to immediately notify ECS of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
- Our Community Guidelines
You agree to abide by the ECS Community Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the ECS Services.
- Your Content.
License. ECS does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant ECS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including ECS’s promotional and marketing services, which may include without limitation, promotion of your products or services on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, ECS does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
Your Representations About Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
Additional Rules About Your Content. Your Content must be accurate and truthful. ECS reserves the right to remove Your Content from the Services if ECS believes in its sole discretion that it violates these Terms, our Community Guidelines, or for any other reason. ECS may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of ECS both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of ECS, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
- Rules for Use of Email Tools
ECS may make available to you features and tools that allow you to contact your Customers, other users of the Services, or third parties via email (the “Email Tools”). If you use Email Tools, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient’s country of residence;
(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;
(d) you will only use the Email Tools to advertise, promote and/or manage a bona fide products or services listed on the website;
(e) your use of the Email Tools and the content of your emails complies these Terms;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with instructions to any Customer sent to you by ECS requesting you modify such Customer’s email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, ECS may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
Notices to you may be sent via email or regular mail to the address in ECS’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services.
- Modifications to the Terms or Services
ECS reserves the right to modify these Terms from time to time (collectively, “Modifications”). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the “Updated” date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, ECS may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of ECS. ECS is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. ECS reserves the right modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
- Entire Agreement
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and ECS and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and ECS on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of ECS relating to a specified products or services.
- Applicable Law and Jurisdiction
These Terms are governed by the laws of the St. Lucia, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of St. Lucia, you may be entitled to the protection of the mandatory Customer protection provisions of your local Customer protection law. ECS is based in St. Lucia, and any legal action against ECS related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in St. Lucia. Thus, for any actions not subject to arbitration, you and ECS agree to submit to the personal jurisdiction of the courts of St. Lucia.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Third Party Websites; Linked Accounts
The Services may provide, or Users may provide, links to other Internet websites or resources. Because ECS has no control over such websites and resources, you acknowledge and agree that ECS is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with ECS partners or third party service providers.
- Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.