Inbox Express Terms and Conditions

Last updated: 14 November, 2017

1. Terms

1.1 Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.inbox-express.com/ website and purchase of products such as download of template emails from the website for the subscription set out  (the "Service") operated by Brainstorm Digital Ltd registered office address 52 High Street, Pinner, Middlesex, HA5 5PW   UK company number: 04466715, VAT number 798963144 ("us", "we", or "our").

1.2 Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

1.3 By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1.4  These terms apply to the business buyer of the Service. If the buyer/you are a limited company these terms are a contract with that company. If the buyer operates as a sole trader or partnership or LLP or equivalent in the country in which the business buyer is resident then the terms apply to that entity. In all cases such business entity is the “purchaser”, “buyer” or “you” in these terms. Limited companies must ensure their employees and directors comply with these terms too.

2. Purchases

2.1  We sell downloadable business email templates and other similar products from our website on these terms to businesses.  These terms therefore apply to business to business transactions and consumer law is not applicable. If you wish to purchase any of our chargeable Services from the website as a consumer you must contact us first by email for permission.

2.2 Subscription period and termination

  • You will make a purchase for a particular subscription period which is set out on our website.
  • If you choose to terminate during the term of the subscription for any reason there is no refund of the fee paid. You may terminate at any time immediately by emailed notice to us giving your full name, address and email address. On termination all right to use the templates ceases – see Intellectual Property below. 

2.3  If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card , your billing address, and your shipping information.

2.4 If you are a sole trader you might be aged 18 or over (or if older the age of legal majority in your country) before you may purchase any Services from our website and you may only make purchases for the purposes of your business. We do not make sales to consumers – i.e. anyone acting outside the course of a business.

2.5 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Brainstorm Digital Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.

2.6 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

2.7 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Brainstorm Digital Ltd cannot accept any liability for loss or damage arising out of such cancellation other than to refund you fees paid to us for Services you have been unable to use. When you place an order on the site you are making an offer. It is in our discretion if we accept that order and no contract arises until the earliest that we take payment from you or you are able to download a template/product from our website.

2.8 In addition we reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

2.9 All fees on our website are  inclusive of value added tax unless otherwise stated. Where VAT rates change the fee you pay will be subject to VAT at the then relevant rate.

3. Availability, Errors and Inaccuracies and Liability/Limitation of Liability

3.1 We are constantly updating our products and services which form part of  the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

3.2 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

3.3 Whilst we use every reasonable effort to ensure products including templates are accurate and effective we make no warranty that a template will generate any number of or any new business for you. The Services are provided with reasonable skill and care and as described but our liability to you is limited to the price you have paid to us for your subscription and in no event shall we be liable to you for indirect or consequential loss, loss of profit, revenue or goodwill or loss of opportunity nor for any loss arising from intellectual property or data protection infringements. However nothing in these terms will exclude our liability for death or personal injury caused by our negligence.

3.4 We are not liable for circumstances beyond our reasonable control including failures of internet connection, wifi, broadband, whether yours or ours, strikes, power failures, Act of God, fire, flood or other force majeure.

4. Accounts

4,1 When you create an account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

4,2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

4.3 You agree not to disclose your password to any third party. Where a limited company is the buyer any employee may access the Service but no use outside your business is permitted.  You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. You must ensure when employees leave your employment that they cease using the templates purchased from our website. You are responsible for all misuse by your staff and breach of these terms by you or your staff.

4.4 You may not use as a username where/if we allow posting of comments  on our website the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

5. Intellectual Property and Indemnity and Restrictions on use of Email Templates

5.1 The Service and its original content, features and functionality are and will remain the exclusive property of Brainstorm Digital Ltd and its licensors. We own copyright in the text of all email templates you can purchase from our website as part of the Service.   The Service is protected by copyright, trademark and other laws of both the United Kingdom and foreign countries. Our trademarks whether registered or otherwise and trade dress may not be used in connection with any product or service without the prior written consent of Brainstorm Digital Ltd.

5.2 Restrictions on  use of Email Templates

Important Notice

  • You may use the template emails you download from our website for the purposes of your business in sending marketing emails to your customers.
  • You may use as many templates as you like for your own company’s or business’ use (but not for any other business or subsidiary, associated or connected company or client’s business) during the period of your subscription.
  • You may not resell the templates nor use them for any other purposes even if you change their text or adapt or modify them nor use them for any purpose which competes with our business of the provision of guidance or advice in the area of marketing. Nor may you publish them on-line or otherwise in whole or in part whether free of charge or otherwise (other than by way of using their text to send marketing emails to your customers or potential customers. You may not use the templates for training purposes nor permit your clients to re-use them.
  • If you want to use the templates beyond the rights licensed here contact us to discuss a wider licence for additional fees.
  • Once your subscription period ends or you terminate this agreement all right to use the templates ceases and you must stop using them and delete them from your systems. Your licence to use them continues only for so long as you have paid or continue to pay subscription fees.
  • The rights given to you under this Agreement are personal to your company/business and may not, nor may these Terms, be assigned or sublicensed by you to anyone else. If you sell the assets of your business any buyer will need to pay a new subscription fee in order to continue to use the templates or other products  for which you have a subscription from our website. 

5.3 It is your responsibility to check that the emails are lawful to use in the territory where you operate and where you will send them and that you have checked all data protection laws relevant in mailing such emails to your customers or potential customers. You warrant you will only use  our templates lawfully.   You agree fully to indemnify us and hold us harmless against all loss or liability arising from your breaching data protection or other legislation in your use of the templates.

6. Links To Other Web Sites

6.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Brainstorm Digital Ltd.

6.2 Brainstorm Digital Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Brainstorm Digital Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

6.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

7. Governing Law, Waiver, Entire Agreement

7.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes will be subject to the exclusive jurisdiction of the English courts.

7.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

7.3 These Terms and any description of the Service on our website  constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. If they conflict with any description of the Service on our website these Terms shall prevail.

7.4 No right is given in these Terms to any third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

8. Changes

8.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

8.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

9. Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy available on our website for information on how we use your personal data and what cookies are used on our website. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact us

If you have any questions about these Terms, please contact us by email at danny@brainstorm-digital.co.uk

Tel +44 20 8953 8820

Post: Brainstorm Digital Ltd Registered office address

52 High Street, Pinner, Middlesex, HA5 5PW   UK

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