Terms And Conditions

Mailfixer Ltd. (“Mailfixer”, or “us”, “our”, “we”) provides an online platform (the “Platform”) for providing copy-editing, proofreading and other writing services for English language digital communication (the “Services”), either itself or through its distributors. These Terms of Service (“Terms”) govern your access and use of the Platform. “You” means a user of the Platform that is receiving Services.

Please read these Terms carefully. You must accept these Terms prior to using the Platform or receiving any Services. By using the Platform or receiving any Services, you signify your consent to these Terms, including without limitation all terms herein regarding our collection, use and storage of data (our “Privacy Policy”). A current version of the Privacy Policy is available at www.mailfixer.com/privacy. Changes may be made to these Terms from time to time. Your continued use of the Platform or Services will be deemed acceptance to any such amended or updated terms. If you do not agree to any of these Terms, please do not make any use of the Platform or Services.

Mailfixer connects you with independent service providers in order to provide you with the Services through the Platform. We refer to these independent service providers as “Mailfixers.”

Use of Platform

Mailfixer allows you to access and use the Platform subject to these Terms for your own personal use. Mailfixer may, in its sole discretion and at any time, modify or discontinue providing the Platform or Services or any part thereof without notice. Mailfixer also reserves the right to modify its payment terms with reasonable prior notice.

Use of and access to the Platform or Services is void where prohibited by law. By using the Platform or Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Platform and (d) your use of the Platform and receipt of the Services does not violate any applicable law or regulation or any obligation.

Registration

You may register to use Mailfixer by creating an account. In creating an account, you must provide the information requested by Mailfixer. Mailfixer may indicate that the provision of some information is optional, but your agreement to provide such information may assist Mailfixer in providing you with improved service.

You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. Mailfixer will not be liable for any losses or damage arising from unauthorized use of the Platform, and you agree to indemnify and hold Mailfixer harmless for any unauthorized, improper or illegal use of the Platform, and any charges and taxes incurred, unless you have notified us via e-mail at info@mailfixer.com that your account has been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Platform.

Termination of Account

You agree that Mailfixer may for any reason, in its sole discretion and without notice, terminate your account, and may remove from the Platform any User Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users or the business interests of Mailfixer. If your account is terminated, you may not rejoin Mailfixer again without our express permission.

If Mailfixer believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Platform. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or content of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Platform. You may request termination of your Mailfixer account at any time and for any reason by sending an email to info@mailfixer.com. Any suspension, termination, or cancellation of your account or these Terms shall not affect your obligations to Mailfixer and its licensors under these Terms (including but not limited to payment, ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Content and Communications

Mailfixer allows you via the Platform to post certain content (such as but not limited to email messages) and to communicate with Mailfixers. We refer to all content and communications that you post or transmit through the Platform as “User Content”.

Mailfixer has no obligation to accept, display, review or maintain any User Content. Mailfixer reserves the right to delete or refuse to transmit any User Content that, in the discretion of Mailfixer, violates or is inconsistent with these Terms.

You are fully and solely responsible for any User Content you submit or post. You agree that you will not act in any way or transmit or post any User Content that: (a) restricts or inhibits use of the Platform; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Mailfixer or any Mailfixers to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Mailfixer or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains any virus, worm, Trojan horse, or other harmful or disruptive component or that encourages or furthers conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.

Mailfixer may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Mailfixer reserves the right to treat User Content as content stored at the direction of users for which Mailfixer will not exercise editorial control except when violations are directly brought to Mailfixer’s attention.

By submitting or posting any User Content, you grant Mailfixer, all Mailfixers, and successors and assigns of all of the foregoing, a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such User Content for the purpose of providing you with the Services.

Intellectual Property

As between us, you retain all right, title and interest in any User Content you transmit or post through the Platform. In addition, all Mailfixers agree through the Platform to terms and conditions (the “Independent Service Provider Agreement”) pursuant to which they assign to you any modifications they may make to any User Content in the course of providing you with copy-editing, proofreading or other services through the Platform. A copy of the Independent Service Provider Agreement is available at www.mailfixer.com/ispa.

Mailfixer and its licensors own the Platform, including all worldwide intellectual property rights in the Platform, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sub-license, republish, re-transmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Mailfixer or any third party.

You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform; (b) circumvent, disable, or otherwise interfere with security-or access-related features of the Platform or features that prevent or restrict use or copying of any content; (c) use any robot, spider, Platform search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine the site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; (d) harvest, collect or mine information about users of the Platform or Content; or (e) use or access another user’s account or password.

Payment

Payments in respect of all Services must be made through the Platform, according to the payment methods provided by Mailfixer. Mailfixer charges all amounts in United States dollars, and any amounts displayed in other currencies may not be completely accurate. Mailfixer may use subcontractors to provide payment processing services, and all payments shall be subject to the applicable terms and conditions of such subcontractors, currently including a USD 0.50 minimum purchase. Mailfixer shall retain a commission on each payment made through the Platform, as set forth elsewhere on the Platform. In addition, Mailfixer charges 2.9% + 30 cents processing fee for each transaction made through the Platform, a fee that Mailfixer may update at any time by posting notice on the Platform. You shall add VAT, sales tax, use or excise taxes to any payments made hereunder as required by law. You shall not withhold or deduct any amounts from payments made hereunder, except as required by applicable law or regulation. If you are required by applicable law or regulation to withhold or deduct any amounts from payments made hereunder, you shall make payment of additional amounts, as required to ensure that the recipient hereunder of any payments shall receive the full amount due as if no such withholding or deduction was made. Mailfixer will not make payment of any interest on amounts retained by Mailfixer prior to payment to a user according to these Terms.

Service Guarantee

Mailfixer provides a money-back guarantee for all Services provided. If you are not satisfied with the result of any Service provided, you may at your option either (a) have the Services performed against by another Mailfixer at no charge to you or (b) request a refund of any paid amounts. Please address any complaints to info@mailfixer.com within five days of your receipt of the Services, and specify in reasonable detail the reasons for your dissatisfaction for the Services. Complaints received after that five day period or which do not include reasonable detail of the complaint are not eligible for the money-back guarantee. We may, at our option, choose to refund any amounts paid rather than have the Service re-performed.

Complaints

Please direct any complaints regarding Mailfixers to info@mailfixer.com. Mailfixer will make reasonable commercial efforts to investigate any complaint.

Disclaimers & Disclaimer of Warranty

Your use of the Platform and/or any content provided by any Mailfixers is at your sole discretion and risk. The Platform and/or Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. IT IS YOUR RESPONSIBILITY TO REVIEW AND APPROVE OF ANY USER CONTENT, MODIFICATIONS OR CORRECTIONS PROVIDED THROUGH THE SERVICES TO ENSURE SUCH USER CONTENT, MODIFICATIONS OR CORRECTIONS ACCURATELY AND CORRECTLY REFLECT YOUR INTENTIONS. Mailfixer shall have no responsibility or liability for any errors in the Services provided.

MAILFIXER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MAILFIXER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR USER CONTENT; OR (II) THAT THE PLATFORM WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE PLATFORM OR SERVICES.

Mailfixer is not a data storage service. While Mailfixer may retain your Content for your own convenience, it is your responsibility to ensure that you have backup copies of all Content. Mailfixer strives to provide prompt Service, but makes no warranties or representations in respect of the time frame for provision or receipt of any Services.

MAILFIXER DOES NOT WARRANT THAT ANY CONTENT, MODIFICATION OR CORRECTIONS PROVIDED THROUGH THE SERVICES ACCURATELY REFLECTS YOUR INTENTIONS OR IS WRITTEN IN CORRECT ENGLISH. MAILFIXER CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH CONTENT, MODIFICATION OR CORRECTIONS. IT IS YOUR RESPONSIBILITY TO CHECK ALL CONTENT, MODIFICATION OR CORRECTIONS INDEPENDENTLY FOR ACCURACY.

No advice or information, whether oral or written, obtained by you from Mailfixer, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL MAILFIXER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION OR CONTENT PROVIDED AS PART OF OR THROUGH THE PLATFORM OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MAILFIXER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL MAILFIXER'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO MAILFIXER FOR USE OF THE PLATFORM OR SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO MAILFIXER FOR THE USE OF THE PLATFORM, THEN MAILFIXER SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

In addition to the foregoing, Mailfixer is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Platform, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Platform.

Indemnification

You agree to indemnify, defend, and hold harmless Mailfixer and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Platform shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the International Rules of the Israel Institute of Commercial Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Tel Aviv, Israel. The language to be used in the arbitral proceedings shall be English. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief in any court of competent jurisdiction in order to prevent a breach or threatened breach of this Agreement.

Any arbitration shall be limited to the claim between Mailfixer and you individually. YOU AND MAILFIXER AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Any cause of action against Mailfixer must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Mailfixer or authorizes you to act on behalf of Mailfixer. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Mailfixer and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or other contact information that you provided upon registration.

Last updated: June 2016

Privacy Policy

Mailfixer Ltd. (“Mailfixer”, or “us”, “our”, “we”) provides an online platform (the “Platform”) for providing copy-editing, proofreading and other writing services for English language digital communication (the “Services”). Mailfixer respects your right to privacy. Your ability to make informed choices about the uses of your information is important to us. This privacy policy details how we and our affiliated companies collect, use and store information and data that we receive. If you have any comments or questions about our privacy policies, please contact us at info@mailfixer.com.

As used in this privacy policy, “Personal Information” means information that can be directly associated with a specific person or entity such as, but not limited to, a name, address, telephone number, or e-mail address. Other Terms capitalized but not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service, a current version of which is available at www.mailfixer.com/terms (the “Terms”).

Information We Collect

In order to use the Platform (including as a Mailfixer), you will be required to create an account and provide specified information. If you log in through a social network, we will receive such Personal Information about you as is provided by such social network. Please check the policies of such social network in order to understand what information we receive. If you create an account with us, we receive and store all information that you provide in the creation of the account.

We also store the content you transmit through the Platform, any of your communications with Mailfixers, and details of any services you may purchase through the Platform. The Platform will also record certain information automatically, such as your IP address, mobile device or computer, operating system and browser. In addition, we collect any information you provide when you contact us for any reason. You are not required by law to provide us with any such information, but by using the Platform and agreeing to the Terms you agree to provide us with such information.

We may provide non-Personal Information that we receive to an Internet analytics service in order to receive an analysis of the use of our Platform.

How We Use Information

We will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order or as otherwise expressly set forth herein. We may use Personal Information and other information internally – for example, to help diagnose problems with our servers, and to make the Services more useful for you and to provide you with information that we believe you may be interested in. For example, we may use Personal Information and other information you provide in order to provide you with information regarding products and services that we believe may be interesting to you.

By analyzing all information we receive, we may compile statistical information across a variety of users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new services can be considered and so the Services and associated services can be tailored to customer desires. We may share Statistical Information with our partners, pursuant to commercial terms that we determine in our sole discretion. In addition, we may provide any information to third parties, so long as we have removed any information that identifies any specific individual or user, such as a name, address or contact information.

How we Protect Information

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100{}ecure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We will delete any Personal Information provided to us by a user upon the receipt of a written request by such user. We cannot restore information once it has been deleted.

Cookies

A cookie is a small piece of text that is sent to a visitor's browser. The browser provides this piece of text to the device of the originating visitor when this visitor returns. A “persistent” cookie may be used to help save your settings and customizations across visits. Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. Also, you are free to delete any existing cookies at any time. Please note that some features of the Platform may not function properly when cookies are disabled or removed.

Third Party Sites and Services

We are not responsible for the use of any information by third parties, and we cannot vouch for the privacy policies of any third party, including any individual Mailfixers providing Services through the Platform or subcontractors providing payment processing services. We require all Mailfixers to agree to restrictive contractual confidentiality terms, but we have no control over third-party sites or services, and all use of third-party sites or services is at your own risk. All use of third party payment processing services is subject to the applicable terms and conditions of the applicable payment processor.

Children

We do not knowingly collect Personal Information from children under the age of 14. In the event you become aware that an individual under the age of 14 has enrolled without parental permission, please advise us immediately. Other Uses or Transfer of Your Information We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or content of any user suspected to have engaged in illegal behavior. We use subcontractors that are located in countries other than your own, and send them information we receive. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business. We may transfer our databases containing information if we sell our business or part of it. Changes

We may update this privacy policy from time to time, and we encourage you to review it periodically.

Comments and Questions

If you have any comments or questions about our privacy policy, please contact us at info@mailfixer.com.

Last updated: June 2016