Last modified: July 5th, 2016.
1.2. The person who accesses the Website or installs the Mailtrack extension is to be regarded as the Mailtrack User (“the User”) and it implies the full acceptance of these General Terms by the User. In the event of not agreeing with all or any of these General Terms, the User must leave the Website immediately and/or proceed to uninstall the Mailtrack extension from his browser.
1.3. By agreeing to these General Terms, the User warrants that:
a) The User is of legal age and have read and understood the conditions set forth herein.
b) In the event of purchasing any product and/or service, the User has legal capacity to do so.
c) The User assumes all obligations set forth herein.
1.4. The access and use of the Website and/or the Mailtrack extension by minors require the consent of their parents, guardians or legal authorised representatives. Such persons shall be held liable for the acts carried out by the minors under their custody. Please contact us in case you wish to authorise a minor.
1.5. THE MAIL TRACK COMPANY reserves the right to modify, at any time and without prior notice, the products and services offerings as well as any aspect of these General Terms. Notwithstanding the foregoing, the transactions made by the User prior to such modifications will be honoured.
1.6. THE MAIL TRACK COMPANY may contract the service of a third party to record and monitor the versions of these General Terms. In such case, THE MAIL TRACK COMPANY and the User agree that the legal texts to govern their contractual relationship will be the ones in full force as of the date of purchase according to the third party entrusted with the task of recording the versions.
3.1. The access to the Website is free, except for the cost of connection through the telecommunications network supplied by the User’s provider.
4.1. The User agrees to use the Website and the Mailtrack Service in accordance with the law, moral principles and public order as well as the herein General Terms. The User shall refrain from using the Website or the Mailtrack Service for illegal activities or purposes that may be considered a criminal offence against third parties as well as violating any applicable law. The User agrees not to:
a) Submit or disseminate content or information that is racist, xenophobic, pornographic, and supportive of terrorism or may infringe human rights.
b) Submit or disseminate software (virus or malware) that may damage computer systems of the internet service provider, its providers or any other internet User.
c) Disseminate, transmit or provide third parties with any type of information, element or content that might constitute a violation of the fundamental rights and civil liberties contemplated in the Spanish Constitution and international treaties.
d) Disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.
e) Transmit unsolicited or unauthorised advertisements, advertising material, “spam”, “chain mails”, “pyramid schemes” or any other form of solicitation, except in those areas (such as commercial spaces) that are exclusively intended for these purposes.
f) Submit or disseminate any false, ambiguous or inaccurate information or content that is deceptive to its recipients.
g) Impersonate other Users of the Website and the Mailtrack Service.
h) Disseminate, transmit or provide third parties with any type of information, element or content that may constitute a breach of intellectual property rights, patents, brands or copyright held by the owners of the Website and the Mailtrack Service or third parties.
i) Disseminate, transmit or provide third parties with any type of information, element or content deemed to be a violation of privacy or data protection laws.
4.2. The User agrees to indemnify and hold harmless THE MAIL TRACK COMPANY against any complaint, fine, penalty or sanction arising from the User’s failure to comply with the aforementioned conditions of use. THE MAIL TRACK COMPANY reserves the right to claim compensation for damages incurred.
4.3. The access, the purchase and use of the products made available by THE MAIL TRACK COMPANY requires a computer or computer equipment as well as internet connection. Any expense in connection with such items is not included in the services described in the herein General Terms and shall be borne exclusively by the User.
4.4. THE MAIL TRACK COMPANY shall not be held responsible for the custody and use of the User’s password necessary to access the User’s email account; being such responsibility imposed on the User. THE MAIL TRACK COMPANY shall assume that any User accessing his email account using his password is the legit user of the service.
5.1. The Website may contain links, directories and search engines that enable the User to access third party websites and portals (“Linked Sites”). In such case, THE MAIL TRACK COMPANY shall only be responsible for the content and services provided through the Linked Sites when it has effective knowledge of any unlawful activity and does not proceed to remove the link diligently. Should the User consider that a Linked Site contains unlawful or inappropriate content, he must inform THE MAIL TRACK COMPANY of such circumstance. In no case shall such communication impose on THE MAIL TRACK COMPANY an obligation to remove such link.
5.2. The inclusion of Linked Sites on the Website neither implies an agreement between THE MAIL TRACK COMPANY and the owners of the Linked Sites nor implies the recommendation or the endorsement of the Linked Sites and/or its content by THE MAIL TRACK COMPANY.
5.3. Unless otherwise stated on the Website, THE MAIL TRACK COMPANY is unaware of the content and services of the Linked Sites and, consequently, shall not be held liable for any damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Sites.
6.1. All content on the Website and the Mailtrack Service is owned by THE MAIL TRACK COMPANY or third parties, including, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and any other audiovisual o sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property legislation in force of the aforementioned content be deemed to have been assigned to the User.
6.2. The trademarks, trade names or distinctive signs of any class displayed on the Website are owned by THE MAIL TRACK COMPANY or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned to the User. Mailtrack® is a registered trademark owned by THE MAIL TRACK COMPANY.
6.3. In regards to the Mailtrack extension, THE MAIL TRACK COMPANY only grants to the User a personal, worldwide, non-transferable, non-exclusive license for the duration of its term. After the termination of such term, not matter the cause, the User shall cease immediately using the Mailtrack extension and the Mailtrack Service.
6.4. The User is forbidden of, whether partially or fully, either copying, modifying, disassembling, taking any action to derive the source code, creating derivative works or reverse engineering the Mailtrack extension and/or the Mailtrack Service.
7.1. Any User interested in reporting security vulnerabilities to THE MAIL TRACK COMPANY must abide to the Responsible Vulnerability Disclosure Policy.
8.1. Purchase Process
8.1.2. In order to use the Mailtrack Service, the User must sign in to his Gmail or Google Inbox account by using a supported browser and install the Mailtrack extension in it.
8.1.3. The purchase process requires the User to identify himself by using Google’s authentication mechanisms (Oauth2) and to grant Mailtrack all the authorizations requested throughout the process. The service shall be purchased for the account involved in such process.
8.1.4. THE MAIL TRACK COMPANY shall keep an electronic receipt of the User’s purchase. Such receipt will not be available for the User.
9.1.1. Mailtrack shall be exclusive for employers and/or professionals who are not regarded as consumers or users within the meaning of Article 3 of the Royal Legislative Decree 1/2007 of 16 November, Law of Consumer Protection, Revised Text of the General Law for the Protection of Consumers and Users and other complementary laws. In event that the User is regarded as consumer or user as stated before, such User should refrain from purchasing Mailtrack.
9.1.2. In order to use Mailtrack, the User must previously have installed Mailtrack Basic (See the purchase process for Mailtrack Basic in the above-mentioned sections).
9.1.3. Additionally, the purchase process of Mailtrack requires the User to introduce his credit or debit card number and any other information necessary to authorise the charges to such card.
10.1. Whenever the User does not fill out a required field, he will not be allowed to advance through the purchase process until such required field is filled out. A message will be displayed warning the User of such circumstance.
10.2. The User will be able, at any time, to modify and/or update his info as User of the Mailtrack Service by accessing the “Preferences” section. The User can access this section by clicking on the access button to the Mailtrack settings on the upper right side of his Gmail or Google Inbox panel.
10.3. In the event of non-rectifiable errors during the purchase process (for example, the purchase is made for the wrong email account), the User may request within 30 days the correction of such error by sending a communication at firstname.lastname@example.org.
11.1. The pricing and the terms of the different Mailtrack Service subscription modalities are displayed on the screen prior to the purchase process when selecting a modality of subscription.
11.2. The Valued Added Tax (VAT) is included in the prices.
12.1. THE MAIL TRACK COMPANY shall refund the User the total amount paid in the event that User terminates the use of the Mailtrack Service within 30 days from its purchase.
14.1. In case of doubt regarding Mailtrack and the operation of the Mailtrack Service, the User may contact THE MAIL TRACK COMPANY by sending an email at email@example.com.
14.2. The User may also consult the issues raised at the Mailtrack Support Center accessible through here.
15.1. THE MAIL TRACK COMPANY can only be held liable for damages caused to the User in the event of proven fault by THE MAIL TRACK COMPANY. In all other cases, THE MAIL TRACK COMPANY (including its directors, officers, employees and members) shall not have any liability to the User in regards to any and all claims arising out of the Mailtrack Service and access to the Website. In this respect, THE MAIL TRACK COMPANY shall not be held liable for, including but not limited to, indirect damages; immaterial damages; expectation damages; loss of income, profits or goodwill and loss of data or use, regardless of whether THE MAIL TRACK COMPANY has been warned of the possibility of such loss or damages.
15.2. In any case, the User may not take any action against THE MAIL TRACK COMPANY once a year has elapsed since the event causing the loss or damage occurred.
15.3. THE MAIL TRACK COMPANY shall not assume any responsibility for the electronic communications that the User sends using the Mailtrack Service or for the consequences of any kind that the User may suffer from using the Mailtrack Service.
15.4. THE MAIL TRACK COMPANY shall not assume any responsibility for the malfunction of the Mailtrack Service or failure to the Internet network or the service provided by Google or any third party.
16.1. All notices, requests, demands, and other communications between THE MAIL TRACK COMPANY and the User in connection with the Mailtrack Service or the access to the Website shall be in writing and shall be deemed to have been duly delivered if sent by certified mail or certified fax (burofax) to the address which the parties have indicated to the other to that effect.
16.2. Notwithstanding the foregoing, notices sent to THE MAIL TRACK COMPANY shall be deemed to have been duly made when sent by means of email at firstname.lastname@example.org.
16.3. On the other hand, notices sent to the User shall be deemed to have been duly made when sent by means of email at the address associated with the User’s email account as of the start of the Mailtrack Service use or, if required, the one that the User had provided THE MAIL TRACK COMPANY with to that effect.
17.1. In the event that any provision of these General Terms were to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these General Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these General Terms.
18.1. These General Terms shall be governed by and construed in accordance with the laws of Spain.
18.2. The purchase of the Mailtrack Service shall be considered to have been formalised on the place where THE MAIL TRACK COMPANY᾽s registered offices is located at the moment of purchase.
19.1. The User and THE MAIL TRACK COMPANY expressly waive any other jurisdiction which may correspond to them and agree to resolve any controversy arising out of the Mailtrack Service or the access to the Website before the Courts of Barcelona (Spain), except when the applicable law necessarily imposes otherwise.
20.1. In case of discrepancy between the Spanish version of these General Terms and any other version in a different language, the version in Spanish shall prevail.