Terms and Conditions

The MashrMail software (“MashrMail”) is owned and provided by Mashr Lab Pty Ltd (ABN 74 091 282 227) of Level 3, 165 Fitzroy Street, St Kilda VIC 3182, Australia (“Mashr”, “we”, “us” and “our”).
This Terms of Service (“Agreement”) is entered into between Mashr and the Customer (as defined below), or Mashr and the User (as defined below), as applicable.

Your Acceptance

For the purposes of these Terms and Conditions:

  • “Customer” shall mean any company or individual that uses or purchases any MashrMail subscriptions and/or Additional Services. If you are using MashrMail or accepting or agreeing to these Terms and Conditions on behalf of a company, partnership, association or other legal entity, you warrant that you have the authority to bind that legal entity to these Terms and Conditions, and any references to “Customer”, “you”, “your” or “yours” means that legal entity; and
  • “User” shall mean an individual who accesses MashrMail on behalf of a Customer or on their own behalf and includes Customer’s employees and any third party contractors who have been granted access to MashrMail by the Customer. Any references to “you”, “your” or “yours” shall also mean the User.

By using MashrMail, you signify your agreement to be bound by (1) the terms and conditions of this Agreement (the “Terms and Conditions”), and (2) Mashr’s Privacy Policy (the “Privacy Policy”). If you do not agree to any of these Terms and Conditions or the Privacy Policy, then please do not use or access MashrMail or Additional Services.

Use of MashrMail

Mashr grants you the right to use MashrMail for internal business purposes only based on the subscriptions and services that has been purchased or signed up for. Users must be aged 18 years or over to use or access MashrMail. MashrMail is not intended for individuals aged under 18 years. If you are under 18 years of age, please do not use MashrMail.

In order to access the functions of MashrMail, you will be required to create a user account (“User Account”). You must provide complete and accurate information when creating a User Account. You are responsible for keeping the login details of your User Account confidential and any activities on your User Account. You must immediately notify us of any unauthorized access or use of your User Account. Mashr reserves the right to co-operate with any legal order, direction or request to disclose your identity or other information.

In your use of MashrMail:

  • you agree that you will not, and will not allow a third party to: (i) reproduce, modify, adapt or create derivative works of MashrMail; (ii) remove, modify or obscure any copyright, trade mark or other proprietary notices contained in MashrMail; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code of MashrMail; and (iv) access MashrMail in order to build a similar or competitive product or service; and
  • you will comply with these Terms and Conditions and all applicable local, national, and international laws and regulations.

We reserve the right to suspend or terminate your User Account and/or Additional Services if, in our sole discretion, we have reason to believe that the you have breached these Terms and Conditions. If you are found in breach of these Terms and Conditions, we may immediately deactivate or delete your User Account and all related information and/or files in your User Account and/or bar any further access by you to such information and/or files.

Payment

MashrMail is offered on a paid subscription basis. You will receive notification from Mashr within fourteen (14) days of the expiry of your subscription period. Unless either party cancels the subscription prior to its expiry, the subscription will automatically renew on a monthly basis. Cancelling your subscription means that you will not be charged for the next billing cycle, and that your access to MashrMail will cease on the date of the next billing cycle.

If you sign up to a free trial period for any of our subscriptions, the subscription will automatically renew at the end of the free trial period and the Customer will be charged the applicable subscription fee, unless the subscription is terminated prior to the end of the free trial period.

At the time of signing up for a subscription, you may be required to provide a valid payment method and other payment information. By providing such payment information, you authorise Mashr to process payments for your subscriptions using that payment method. Please ensure that you keep your payment information current. We reserve the right to suspend or terminate the subscription if the Customer fails to make timely payment of their subscription.

Except for your statutory rights which are unaffected, all subscription fees are non-refundable. If you cancel your subscription prior to the end of a billing cycle, you will not be entitled to any fees already paid for that billing cycle, prorated or otherwise.

We may change the pricing of our subscriptions from time to time. You will receive 30 (thirty) days’ written notice of any subscription price changes which will take effect at the start of the next billing cycle. If you continue to use or access MashrMail after the price change takes effect, you signify your acceptance of the updated price.

Intellectual Property Rights

Except for any User Content, all content on MashrMail, including without limitation:

  • the registered and unregistered trade marks, service marks and logos contained therein;
  • software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property
    (collectively, the “Mashr Content”)

Are owned by or licensed to Mashr, and are subject to copyright and other intellectual property rights under the law. Mashr Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever unless provided in these Terms and Conditions or with the prior written consent of Mashr. You may access Mashr Content solely for your information, as intended through the normal functionality of MashrMail and to access any Additional Services as required.

You will be able to submit and publish content through the functionality of MashrMail (“User Content”). You shall be solely responsible for your own User Content and the consequences of posting or publishing them, and Mashr will have no liability in this regard, to the fullest extent permitted by law. In connection with User Content, you affirm, represent, and/or warrant that:

  • you own or have the necessary licenses, rights, consents, and permissions to use and authorise Mashr to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Content;
  • you will not submit any User Content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that Mashr may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children under 15, or otherwise unsuitable for publication;
  • you will obtain prior consent from any person or owners of any property that may appear in your User Content;
  • your User Content shall not contain viruses or cause injury or harm to any person or entity; and
  • you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

You will retain all right, title, and interest in your User Content. Mashr will not use any User Content for any purposes without your written consent.

Mashr does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Mashr expressly disclaims any and all liability in connection with all User Content.

Additional Services

We may offer certain additional services related to MashrMail such as onboarding and support services, and creation of custom modules (“Additional Services”). These Additional Services will be specified in more detail in a statement of work, which shall apply in conjunction with these Terms and Conditions. Additional fees and terms may apply for the Additional Services.

Third Party Services

There may be services available on the MashrMail platform that are provided by other businesses (“Third Party Services”). These Terms and Conditions are strictly limited to MashrMail and the Additional Services as provided to you by Mashr, and additional terms or fees may apply to the Third Party Services. Use or access to any Third Party Services are subject to the terms and privacy policies of the Third Party Service provider. You should therefore check the Third Party Service providers terms and privacy policy when accessing the Third Party Services that may be available on MashrMail.

Privacy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you.

Warranty Disclaimers

You agree that your use of MashrMail shall be at your sole risk. To the fullest extent permitted by law, Mashr, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with MashrMail. To the fullest extent permitted by law, MashrMail makes no warranties or representations about the accuracy or completeness of the Mashr Content.

Mashr does not warrant that MashrMail, or the servers on which MashrMail are hosted, are free of software viruses or defects. Accordingly, Mashr is not liable for any loss suffered as a result of any such viruses or defects.

Limitation of Liability

To the extent permitted by law, in no event shall Mashr, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Mashr Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of MashrMail or the Additional Services or resulting from the creation of the User Content, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from MashrMail, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via MashrMail, whether based on warranty, contract, tort, or any other legal theory, and whether or not you have been advised of the possibility of such damages. While the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, where conditions, warranties or other rights are implied in this agreement or otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to this agreement. At the option of Mashr, our liability for breach of implied conditions or warranties is limited, to the extent permitted by law to, if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of having the goods repaired and, if the breach relates to services, (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. For clarity, nothing in these terms purports to or does limit the application of any statutory consumer warranties or rights.

You specifically acknowledge that Mashr shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Mashr, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, liabilities, costs or debt, and expenses (including but not limited to legal costs) arising from: (i) your use and access to MashrMail and the Additional Services; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that any of your User Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of MashrMail and the Additional Services.

General

These Terms and Conditions, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Mashr for reasonable business purposes without restriction. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Mashr’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions are made subject to the law in force in the State of Victoria, Australia, and shall be interpreted and enforced by the courts in that jurisdiction, including with respect to any dispute arising under these Terms and Conditions.