First of all “Welcome” and thanks for using Meebler.
The URL meebler.com is a site operated by Meebler Limited ("Meebler, us or we"). Meebler is a company registered in Ireland with registered number 540730, having its registered office at the NDRC, Crane St, The Digital Hub, Dublin 8, Ireland. Our VAT number is 3342116IH. We have made these legal terms and conditions upon which you may use our services and open and manage an account with us as clear and simple as possible.
By using Meebler’s service or registering for an account with us you are agreeing that you are doing so on these Terms. If you have any questions about our Terms please feel free to contact us.
Let’s start with some definitions that will help you understand our Terms.
When the following words with capital letters are used in these Terms, this is what they will mean:
Account means either a Distribution Account or a Personal Account as appropriate.
Digital Message means SMS messages, email messages, mobile messages such as messages sent via messaging apps and other social media sites.
Distribution Account means in respect of each Distribution Customer, a Digital Message account owned by and in the name of that Distribution Customer from which that Distribution Customer sends Digital Messages to, and receives Digital Messages from, Personal Accounts utilising the Services;
Distribution Customer means you, if and to the extent that you are using our Services to send Digital Messages to Personal Accounts;
Meebler has employees, independent contractors, and representatives (our Team).
Order: the order placed by a Distribution Customer for the Services sending a Digital Message to a List (as defined below) through its Distribution Account.
Personal Account means in respect of each Personal Account Owner, a Digital Message account owned by and in the name of that Personal Account Owner into which that Personal Account Owner receives and responds to Digital Messages within Meebler;
Personal Account Owner means you, if and to the extent that you are using our Services to receive and respond to Digital Messages within Meebler;
The Service, Services or Meebler Service is a Digital Message distribution and data management service offered by us through the URL www. https://meebler.com/ (our Website) that allows:
each Distribution Customer to manage its Distribution Account and to create, send, and manage digital newsletters (each message is called a Digital Message from its Distribution Account to Personal Accounts; and
Personal Account Owners to manage their Personal Accounts, and receive, view and respond to Digital Messages.
The words you or user refers to you, the user or viewer of the Meebler Service, whether as a Distribution Customer or as a Personal Account Owner.
As a customer of the Service or a representative of an entity that’s a customer of the Service, you are a Member according to this Agreement (or you).
We reserve the right to amend the Agreement or the Meebler Service at any time and without prior notification to you and any amendment shall be effective upon posting on the Website. Your continued use of the Services following such amendments constitutes your acceptance of the amended Agreement. It is therefore important that you review the Website and the Agreement regularly.
This Agreement begins when you sign up for the Service by successfully completing the Registration Process and continues as long as you use the Service. If you sign up for the Service on behalf of a company or other entity, you represent and warrant (i.e. you promise) that you have the authority to accept and be bound by the Agreement on that company or other entity’s behalf.
In order to use the Meebler Service, and to open a Distribution Account you must:
When you successfully complete the Registration Process we will provide you with an Account identification code, password and such other piece of information to enable you to use your Account and our Services as part of our security procedures as we deem appropriate, and you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any Account identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your Account identification code or password, you must promptly notify us at the following email address firstname.lastname@example.org.
You will also immediately notify us of any unauthorised use of your Account(s). We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your password, and for security reasons, we can not resend you your current password but can only reset your password.
We may change these Terms, or the Service, or any features of the Service at any time by posting revised Terms or updates on our Website. If you do not want to agree to any such changes then you should stop using the Website and the Service and you should contact us to close your Account. Unless you close your Account within ten (10) days, the new Terms and/or amended Service will be effective immediately and apply to any continued or new use of the Service.
We will not arbitrate disputes between third parties, including you, over who owns an Account. You will not request access to or information about an Account that does not belong to you from us. We will decide who owns an Account based on the content of the emails in that Account, and if multiple people or entities are identified in the content, then we will rely on the contact information provided by you to us for that Account.
By entering into the Agreement you acknowledge and agree that we may contact you by sending you messages to inform you of changes to the Website or the Service, this Agreement or in the price of the Service. Nothing in this paragraph will require us to send you any notice or message if no notice or message is required anywhere else in this Agreement.
We do not guarantee that our Website, or any content on it, or your Account(s) will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website and/or your Account(s) are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website and your Account(s).
You are also responsible for ensuring that all persons who access our Website and your Account(s) through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
These Terms refer to the following additional terms, which also apply to your use of our Website, the Services and the Account(s):
You agree to respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include patents, trademarks, service marks, and copyrights). The Website and the information it contains, are the property of Meebler and in certain instances our affiliates and licensors and are protected by Irish and international intellectual property laws.
You will not upload or in any way transmit any content that you are not entitled to transmit under any law or any contractual agreements (for example confidential information learned or disclosed under non-disclosure agreements). You will not upload or transmit any content that infringes any patent, trademark, copyright or other proprietary rights of any other person.
This Agreement is solely for the use of the Service and the Website and you are not granted a right or licence to any software by this Agreement (except to the extent required for you to use the Services) and nothing on the Website will be interpreted to grant any licence of any intellectual property rights. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or the Products or any software, documentation, or data related to the Site or the Products ("Software"); remove any proprietary notices or labels from the Site or the Products or any Software; modify, translate, or create derivative works based on the Site or the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or the Products or any Software.
We have no obligation to monitor content from your use of the Service or the Website, however, you acknowledge that we may do so and that at our sole discretion we may block any Digital Messages, campaigns or remove any content that we believe may be in violation of this Agreement.
Occasionally down-time, either scheduled or unscheduled, may occur. We will work within reason to ensure this amount of down-time is limited. We will not be held liable for the consequences of any down-time.
We cannot guarantee that any file or program available for download and/or execution from or via the Service is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Service, and you release us entirely of all responsibility for any consequences of its use.
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a List), we will notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you agree that you will promptly do so.
We will not be liable by reason of the failure in the performance of obligations under these Terms by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond our reasonable control.
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes and no exceptions.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms are governed by Irish law. You and We both agree to submit to the non-exclusive jurisdiction of the Irish courts.