MEEBLER LIMITED TERMS OF USE

TERMS FOR ALL PARTIES USING MEEBLER

  1. INTRODUCTORY STUFF

    First of all “Welcome” and thanks for using Meebler.

    Information about us

    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.

    That said, these terms, along with our Privacy Policy and Acceptable Use Policy (together the Terms) do still form a legal agreement between us, so please read them carefully, and retain a copy for your files.

    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:

    1. 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

    2. 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).

    The Agreement refers to these Terms along with our Privacy Policy and Acceptable Use Policy.

    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.

  2. TERM

    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.

  3. ACCOUNTS

    1. In order to use the Meebler Service, and to open a Distribution Account you must:

      1. be at least eighteen (18) years old and be capable of entering into legally binding contracts under applicable law as the Website and the Service are only available to persons or organisations which satisfy these requirements;
      2. agree to and comply with the Agreement;
      3. complete the Distribution Account Registration Process at https://www.meebler.com/company_users/sign_up; and
      4. provide accurate, full and up to date contact information for you and, where relevant, your organisation.
    2. By creating a Distribution Account with Meebler, you represent and warrant that you meet all the requirements listed in clause 3.1, and that you won’t use your Distribution Account in a way that violates any laws or regulations.
    3. Having created your Distribution Account with Meebler you will be required to upload (Publish) a list of contacts (a List) to whom you intend to send Digital Messages to. It is your responsibility to ensure prior to Publishing your List that each contact on the List has expressly consented to being contacted by you. Upon Publishing this List you hereby agree to an automated Digital Message displaying the joint branding of your business logo and Meebler’s business logo being sent from your Distribution Account, to all those contacts on the List, notifying those contacts that you are now using the Meebler Service.
    4. In order to use the Meebler Service, and to open a Personal Account you must:
      1. be at least eighteen (18) years old and be capable of entering into legally binding contracts under applicable law as the Website and the Service are only available to persons or organisations which satisfy these requirements;
      2. agree to and comply with the Agreement;
      3. complete the Distribution Account Registration Process at https://www.meebler.com/users/sign_up; and
      4. provide accurate, full and up to date contact information for you and, where relevant, your organisation.
    5. By creating a Personal Account with Meebler, you represent and warrant that you meet all the requirements listed in clause 3.4, and that you won’t use your Personal Account in a way that violates any laws or regulations.
    6. By creating a Personal Account with Meebler, you acknowledge that you are the owner and controller of the information contained within your account. You are able at your sole discretion to amend the information in your Personal Account at any time including choosing which sources you receive Digital Messages from and how you receive them by logging into your account at https://www.meebler.com/users/sign_up.
    7. You acknowledge and accept that Meebler may refuse service, close Accounts of any Member(s), and change eligibility requirements at any time.
    8. By creating an Account with Meebler you will set up a unique username for your Account. In creating a username you agree that you will not use any offensive language or abusive names in the username. You acknowledge and accept that Meebler at its sole discretion may refuse a username if we feel that the username is inappropriate or defamatory. You also acknowledge and accept that Meebler may at its sole discretion refuse a username if we believe that you do not have a legitimate claim to that username and that the username may be required by a person or business seeking to create an Account who in fact does have a legitimate claim to that username.
    9. By creating a Personal Account you accept and acknowledge that Meebler is merely the medium through which Digital Messages are sent and Meebler has no responsibility for the content contained within any Digital Message you receive. If you have a complaint concerning the content of any Digital Message which you received please contact hello@meeblerhq.com.
    10. By creating an Account you acknowledge that Meebler may send you messages informing you of changes or additions to the Website, the Service or this Agreement, violations of this Agreement or actions relating to your right to access and use the Website via your Account, or any other issue relating to the Website, the Service your Account or this Agreement. By entering into this Agreement you consent to receiving such messages from Meebler.
  4. CLOSING OR SUSPENDING AN ACCOUNT

    1. We may immediately terminate the Agreement and cease providing the Service to you and supporting your Account at any time and for any reason by giving notice in writing to you by posting such notice on our Website or by sending a message to you at the last contact details you have provided us with.
    2. You may terminate the Agreement at any time and for any reason by giving us not less than 48 hours notice in writing by sending an email to us at the following email address hello@meeblerhq.com.
    3. You acknowledge and agree that we may suspend the Service to you at any time, with or without cause.
    4. We will not refund or reimburse you if we have terminated the Agreement for cause, such as a violation by you of these Terms or our Acceptable Use Policy. Once the Agreement has been terminated, we may permanently delete your Account and all the data associated with it.
    5. If you don’t log in to your Account for 12 months, we may treat your Account as dormant and we may suspend or permanently delete the Account and all data associated with that Account without notice to you.
  5. ACCOUNT AND PASSWORD

    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 accounts@meeblerhq.com.

    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.

  6. CHANGES TO YOUR ACCOUNT

    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.

  7. ACCOUNT DISPUTES

    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.

  8. COMMUNICATION FROM US TO YOU

    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.

  9. ADDITIONAL APPLICABLE TERMS

    These Terms refer to the following additional terms, which also apply to your use of our Website, the Services and the Account(s):

    1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website and/or Services, you consent to such processing and you warrant that all data provided by you is accurate.
    2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website and/or Services. When using our Website and/or Services, you must comply with this Acceptable Use Policy.
  10. PAYMENT

    1. The price payable by a Distribution Customer for the Services will be set out in our price list on our Website in force at the time a Distribution Customer places an Order. Distribution Customers will be charged based on the number of recipients on a distribution List submitted to Meebler in an Order. Our prices may change at any time, but price changes will not affect Orders that you have already placed.
    2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
    3. As long as you are using our Services, you will provide us with valid credit card information and authorise us to deduct the charges calculated in accordance with this clause 10 against that credit card at the time of placing an Order. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we are unable to process your credit card order, we will try to contact you by email to inform you that your Order can not be processed and suspend your Account until your payment can be processed.
    4. Any disputes in relation to any charges to you under this Agreement must be submitted to Meebler in writing within 45 days of the date when the charge was made to you by us. You agree that any dispute in relation to a charge which is not made in writing to us within the 45 day time limit will be waived (i.e. disposed/thrown away) and the charge will be payable in full by you. If you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 10.4 will not apply for the period of the dispute.
  11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

    1. Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event of force majeure or We change these Terms under clause 6 to your material disadvantage:
      1. you may cancel any Order for Services at any time within [NUMBER] calendar days of placing an Order by contacting Us.;
      2. if you cancel an Order under clause 11.1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these to you;
      3. however, if you cancel an Order for Services under clause 11.1.1 and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event of force majeure), you do not have to make any payment to Us;
    2. Once We have begun to provide the Services to you for a future scheduled mailing, you may cancel the Order for the Services at any time by cancelling the future scheduled mailing through your Distribution Account and then please contact us for a refund referencing the number of the invoice you have been provided with. Any advance payment you have made for Services that have not been provided will be refunded to you.
    3. Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
      1. We break this contract in any material way and We do not correct or fix the situation within [10] days of you asking Us to in writing;
      2. We go into liquidation or a receiver or an administrator is appointed over Our assets;
      3. We change these Terms under clause 6 to your material disadvantage;
      4. We are affected by an Event of force majeure.
  12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

    1. We may have to cancel an Order before the start date for the Services due to an Event of force majeure. If this happens:
      1. We will promptly contact you to let you know if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
      2. Where we have already started work on your Order for Services We will not charge you anything and you will not have to make any payment to Us.
    2. Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least [30] calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
    3. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
      1. you do not pay Us when you are supposed to as set out in clause 10; or
      2. you break the Agreement in any other material way and you do not correct or fix the situation within [5] days of Us asking you to in writing.
  13. INTELLECTUAL PROPERTY RIGHTS

    1. Proprietary Rights Owned by Meebler

      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.

    2. Proprietary Rights Owned by You

      You represent and warrant that you either own or have permission to use all of the material in your Digital Messages. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

      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.

    3. No Rights in Software

      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.

  14. Monitoring and Review of users use of the Service

    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.

  15. LIABILITY

    1. Limitation of Liability
      1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
      2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, or which may apply to our Services, whether express or implied.
      3. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website
      4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it, or from your use of our services.
      5. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
      6. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
  16. NO WARRANTIES

    1. To the maximum extent permitted by law, we provide the material on the Website and the Service on an as is basis and you expressly agree with this. Use of the Website and/or Service and any reliance by you upon the site or the products, including any action taken by you because of such use or reliance, is at your sole risk. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. We do not warrant that the use of the Website or the Service will be uninterrupted or error free, and we do not make any warranty as to the results that may be obtained from use of the Website or the Service. To the extent permitted by applicable law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  17. Indeminity

    1. You hereby agree to indemnify and hold harmless Meebler against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Website and/or the Service. You acknowledge that you are responsible for the content of any Emails or messages you send using the Website and/or the Service.
  18. Availability of the website and the service

    1. Down-Time

      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.

    2. Viruses and malware

      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.

  19. Miscellaneous

    1. Security Breach

      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.

    2. Notice
      1. If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at [NUMBER] or by e-mailing Us at accounts@meeblerhq.com.
      2. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mailing Us at accounts@meeblerhq.com.
      3. If we have to contact you or give you notice in writing, We will do so by e-mail to the e-mail address you provide to Us in the Registration Process.
    3. Force Majeure

      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.

    4. Assignments

      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.

    5. No Changes at your request

      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.

    6. Severability

      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.

    7. Entire Agreement

      These Terms, our Privacy Policy, Acceptable Use Policy, [API Guidelines] (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

    8. Waiver

      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.

    9. Choice of law

      These Terms are governed by Irish law. You and We both agree to submit to the non-exclusive jurisdiction of the Irish courts.