In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to SocialClimbr “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We do not share or sell your information.
Confidentiality 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 provison 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.
Payment, Refunds, Upgrading and Terms
1. A valid credit card is required for paying accounts.
2. You will be charged monthly or yearly, depending on the plan that you choose. You are paying prior to using the service, not after. If you initially sign up for an account, and you don’t cancel that account, you will be billed again monthly or yearly on a recurring subscription basis. If you cancel prior to the processing of your next invoice, you will not be charged.
3. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds for partial months or partial years of service,or for months unused with an open account. In order to treat everyone equally, no exceptions will be made except for subscriptions cancelled within the first 14 days after sign up, but only within the first 14 days. No exceptions.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Cancellation notifications should be sent to info@socialclimbr.com
Cancellation and Termination You are solely responsible for the proper cancelation of your account. To cancel your account, you must notify us by email at info@socialclimbr.com. You account will be cancelled at the end of the period you have paid for (end of the month or end of the year, depending on your subscription). All of your content will be immediately deleted from the service upon cancellation. This information can not be recovered once your account is cancelled. SocialClimbr does not accept any liability for loss of content due to account cancellation. If you cancel the service before the end of your current paid up month or year, your upcoming payment will be cancelled, this will take effect immediately and you will not be charged again. SocialClimbr, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other SocialClimbr service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. SocialClimbr reserves the right to refuse service to anyone for any reason, at any time. Refunds are not given on cancelled acounts, whether they are cancelled by you or the Company.
Anti-Spam and Abuse Related Rules You agree to the following:(a) Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html. The first line of the Spamhaus definition reads: The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”). It is a concern to us if you use SocialClimbr to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, if you are to send an unsolicited email to an entire list of people you don’t know. (b) Permission Lists Only: You may use SocialClimbr only to send Emails to individuals and entities that either: Possibility 1 – Consent Obtained (A) gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either: (i) Consent Given Recently gave you the permission within the prior 12 months; or (ii) Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or Possibility 2 – Sold or Negotiated to Sell Product or Service (B) gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either: (i) Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or (ii) Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months. If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that SocialClimbr shut down your account. So if you don’t have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don’t import them into SocialClimbr. Your account could be deleted and refunds are NOT given. (c) Requirements: You agree that you will use: No purchased lists (no matter how expensive).No rented lists (even if they “opted in”).No 3rd party lists whatsoever.You should only use SocialClimbr to send newsletters, updates, and promotions to people who specifically requested email from you, or otherwise meet the requirements of 11(b) above. Don’t have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a SocialClimbr account, run through the List Setup Wizard, and add a signup form to your website so that you can grow your list.
Disclaimer Exclusions and Limitations The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and 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 website. 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, 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.
Availability 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, however 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 website [or ISP] 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 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, however caused, resulting from your disclosure to third parties of personal information.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This company's logo and any and all content on this site can not be used without permission.
Communication We have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact Us link on our website or via Company literature.
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 U.S.A. govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the U.S.A. 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.
Contact You may contact us at info@socialclimbr.com
