MailReach User Policy
This document is intended to specify the mailReach's scope of services and the user policy. Clients shall be considered having accepted the mailReach User Policy once they have started using the mailReach service. WestcomZivo shall reserve the right to amend and revise the User Policy whenever appropriate without prior notice.
- WestcomZivo - WestcomZivo is the owner, developer and distributor of mailReach.
- mailReach - mailReach is a tool to enable the execution of direct marketing via email (hereinafter referred as "eDM").
- eDM - Direct marketing exercise executed via Internet.
- Client - Clients of WestcomZivo being authorized to use mailReach service.
- Data - Text, images and data input by client via mailReach.
- User - Representatives delegated by clients in using mailReach services.
- Registered Recipients - Registered Recipients are the recipients in the solicited email database provided by clients.
- Non-Registered Recipients - Non-Registered Recipients are those who receive mailReach via the forwarding function provided by mailReach.
Services of mailReach System
mailReach is an eDM (eDirect Marketing) production and broadcasting web-based application. The system allows user to create eDM leaflet, to schedule the eDM distribution, to manage registered recipient database and to view/download traffic reports.
The user manual will contain a full description of the functions and features. WestcomZivo reserves the right to amend, modify and upgrade the system without prior notice to clients.
Ownership of mailReach
WestcomZivo is the property and licence owner of the mailReach system. Client being authorized to use mailReach service shall not possess the ownership right.
Clients are prohibited to send unsolicited emails via mailReach. Clients are required to abide by the regulations as stipulated in the Anti-Spam & Unsolicited Electronic Messages Ordinance in HKSAR and/or other equivalent principles and laws set out in clients' locality of business operations.
Client is the data owner of the eDM leaflet content and registered recipient database being uploaded to mailReach via dedicated account being assigned to client.
Accuracy of Information & Data
Client will provide WestcomZivo with such information as it may reasonably necessary for WestcomZivo in the execution and/or delivery of the mailReach service. The client is responsible for ensuring such information is accurate and complete.
Personal Data Privacy Protection
Client shall assure that in uploading the personal data to mailReach, they have fulfilled all requirement of a data owner as stipulated in the Hong Kong SAR Personal Data (Privacy) Ordinance and/or other equivalent principles and laws set out in clients' locality of business operations.
Violations of mailReach Acceptable User Policy
The followings constitute a violation of the User Policy. Any violation may result in immediate removal of user account, data and information from mailReach system without prior notice and all data and information uploaded by client to mailReach shall be immediately destroyed by then. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Client shall be responsible for the IP blockage and any other damages or claims as a result of the violation mentioned below.
- Illegal Use - mailReach service is used by client for illegal purposes, or in support of illegal activities. WestcomZivo reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Unsolicited & Bulk email - Use of mailReach to transmit any unsolicited, spam or bulk emails.
- Fraudulent Activity - Use of mailReach to make fraudulent offers to sell or buy products or services or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes", and "chain letters".
- Harassment - Use of mailReach service to transmit any information that harasses another, including but not limited to child pornography.
- Forgery or impersonation - Attempting to impersonate any party by using forged headers or other identifying information such as anonymous remailers or nicknames.
The system of mailReach is fully tested and WestcomZivo shall undertake to rectify program bugs which shall hinder the service delivery of mailReach.
Limitations of Liability
- WestcomZivo will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused, whether arising under contract, tort, which includes but not limited to hardware and software fault and failure; virus infection, hacking, failure in Internet service; IP blockage; negligence; loss, leak or corruption of data, which includes but not limited to personal data, whether or not within the definition as defined in the Personal Data (Privacy) Ordinance, Cap.486 of the Laws of Hong Kong and other equivalent principles set out in other territories or regions.
- The provision of "email forwarding" function is only a user-friendly tool; it does not, however, constitute mailReach's acceptance to distribute unsolicited emails or other messages via mailReach. When clients choose to offer this function to their registered recipients, they have implied consent to accept their full responsibility in their registered recipients' behaviour in the mail forwarding.
- mailReach is operated in a share platform. The performance of mailReach might be affected as a result of IP blockage which may be caused by another client's violation of user policy or situation out of normal control and WestcomZivo shall not be liable for any loss or damages incurred.
- Despite of the fact that mailReach service is offered with professional standard in web security and operation, the risk of unlawful and malicious intrusion cannot be totally avoided in the Internet environment. WestcomZivo shall not be responsible for the loss and damages incurred by the risk and limitations in IT security.
- The successful delivery of eDM is depending upon the email policy settings of individual receiving mail servers and WestcomZivo shall not be responsible for any failure in eDM transmission.
- If any exclusion, disclaimer or other provision contained in the User Policy is held invalid for any reason and WestcomZivo becomes liable for loss or damage that could otherwise be limited to negligence, or otherwise, will not exceed the amount actually paid by the Client for the mailReach service.
Removal of Data
Upon termination of mailReach service, client is required to remove all input data or information immediately or WestcomZivo shall at her discretion remove clients' data and information without prior notice.
mailReach service will be governed and construed in accordance with the laws of Hong Kong Special Administrative Region only.