Carrot.org End User Agreement
Terms and Conditions
Your right to participate in the Reusable Mail Permit System (as described in Carrot.org’s website at http://www.carrot.org and including all other services and other facilities (whether for payment or otherwise and including (but not limited to) the sale, licence and /or other supply of goods) offered or made available by Carrot.org (the "RMP System") is governed by the terms and conditions contained within this Carrot.org End User Agreement (these "Terms and Conditions"). Carrot.org is the trading name of RMP Protection Limited ("RMPP"), a company registered under the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (BR No: 1005617) whose registered address is at 1403/4 Dominion Centre, 43-59 Queen’s Road East, Hong Kong.
You may only participate in the RMP System if you agree to and accept these Terms and Conditions. For the avoidance of doubt, any action by you which amounts to such participation shall be deemed to indicate your acceptance of these Terms and Conditions.
To participate in the RMP System you must be at least 18 years old (or such other minimum age as required by applicable local law). If you are under 18 years old (subject to applicable local law) you may still participate in the RMP System provided that you are authorised to do so by your parent or legal guardian who has accepted these terms and conditions.
Carrot.org may change these Terms and Conditions at any time. If it does so Carrot.org shall post such changes on its website at http://www.carrot.org/Agreements/End-User. Additional terms and conditions may apply as specified in the carrot.org website at http://www.carrot.org/Agreements /Additional-Terms. You may not change these Terms and Conditions in any way whatsoever.
When you accept these Terms and Conditions, Carrot.org provides you with a limited, non-exclusive licence to participate in the RMP System subject to these Terms and Conditions and (if appropriate) to use the User name and password provided to you. Do not reveal your password to anyone. You are at risk if you let someone else use it inappropriately and you accept all liability resulting there from.
Use of RMP System
You may only use the RMP System (or any feature of it) as expressly permitted by these terms and conditions or as notified to you by Carrot.org.
You are only entitled to use those RMP System reusable mail permits (as described by Carrot.org in its website at http://www.carrot.org/faq.do and referred to in these Terms and Conditions as "Carrots") which you have paid for or have otherwise properly qualified to receive (as determined by Carrot.org), or which are valid Carrots you have received from another user of the RMP System ("User"). You have the right to use each Carrot which you have purchased from Carrot.org once. Carrots will be valid for variable periods of time. Carrot.org will give at least 72 hours notice of the expiry of Carrot(s), upon the expiry of which notice period the relevant Carrot(s) shall expire and become null and void and may not be used or exchanged in anyway whatsoever. It is your responsibility to ensure that you use or convert your Carrots before they expire or are cancelled. Carrot.org is not liable for any loss or damage caused by the expiry of Carrots.
At its sole discretion Carrot.org may from time to time offer to redeem valid and existing Carrots at such redemption value (being a proportion of the original purchase price) as may be determined from time to time by Carrot.org in its sole discretion, if available instructions as to how to redeem Carrots are obtainable at http://www.carrot.org/redeem.do. Carrot.org shall not be obliged to redeem any Carrot or Carrots. The reuse of Carrots by any person (including you) shall be at the sole discretion of Carrot.org and shall be subject to such restrictions and limitations as determined by Carrot.org. Subject to the foregoing, you may transfer Carrots to or receive Carrots from another User of the RMP System, for use strictly in accordance with these Terms and Conditions.
Carrots and e-mail addresses supplied by Carrot.org at all times remain the property of Carrot.org. The e-mail addresses supplied for your use by Carrot.org are valid for a limited period only. Depending upon the type of service which you have purchased e-mail addresses may be valid for a single transaction, valid for a specified period or be subject to suspension and/or termination by Carrot.org at its sole discretion. In addition Carrot.org reserves the right to suspend and/or terminate e-mail addresses (or any aspect of the RMP System) if you act in contravention of any of the conditions contained in these Terms and Conditions, if required to do so by any relevant authority or if in the sole discretion of Carrot.org it is considered necessary or desirable to effect such suspension and/or termination. Upon the expiry, suspension or other termination of any e-mail address you will no longer be able to use such address for sending or receiving communications (or for any other purpose) and you may not be able to access any files or other material which are stored by reference to such e-mail address, Carrot.org shall have no responsibility or liability whatsoever for the loss or inaccessibility of files or any other material nor for any other consequence arising from (or relating to) the expiry, suspension or other termination of any e-mail address (or any aspect of the RMP System).
You are solely responsible for your conduct (and the conduct of anyone accessing the RMP System through your equipment and/or system or by using (in any way whatsoever) your copy of any software and/or other rights belonging to RMPP (including, but not limited to the Carrots)) in respect of your use of the RMP System, including (but not limited to) the contents of all e-mails, files or other forms of data transmitted using the RMP System. Carrot.org is not liable or otherwise responsible for the content of any e-mails, files or other forms of data either transmitted by or to you. In addition Carrot.org is not, in any way whatsoever, liable or responsible for any transaction undertaken by you or others (whether involving payment or not) utilising the RMP System. The RMP System is purely a mechanism for authorising the receipt of e-mails. You are solely responsible for any transaction or communication (or any other use) which you undertake as a User.
You must ensure that your use of the RMP System (including, but not limited to, messages, content, files and other data transmitted using the RMP System and any related transactions) comply with all applicable laws, do not infringe the rights of any third party, respect the privacy of others, are not defamatory, offensive or indecent, harassing, threatening or violate export laws.
By way of example only; prohibited conduct includes the following: posting or accessing obscene content (including child pornography); stalking; inappropriate contact with any child (including attempting to obtain/obtaining any personal or other information (including photographs) from a child or "grooming"); impersonating another or misrepresenting yourself; planning any illegal activity; any transaction involving a prohibited substance, item or service; and attempting to illicit information from third parties by misrepresentation.
You agree to fully and effectively indemnify Carrot.org in respect of any liability or loss which Carrot.org may suffer as a consequence of your inappropriate use of the RMP System. Carrot.org does not intend to collect any personal details (except in respect of specific services as specified in the Carrot.org website) or monitor personal use of Carrots in any way, however Carrot.org reserves the right to monitor your use of the RMP System and to release any information in its possession regarding your use of the RMP System if obliged to do so by legal request, court order and/or any relevant authority.
You are responsible for ensuring that you have access to the necessary internet and telecommunications services in order to enable you to use the RMP System. Carrot.org shall not be liable in any way (including for loss of Carrots) for any loss or damage resulting from the use of such services or any other equipment.
Software & System Security
You shall not act in any way which could or may result in the violation of the security of the RMP System. By way of example only, this includes monitoring any third parties use of the RMP System; attempting to access (in anyway whatsoever) the messages, content, files or any other data of any third party; attempting to disrupt, distort or otherwise interfere in anyway whatsoever with the functionality, operation or presentation of the RMP System (including, but not limited to, accessing additional Carrots which you are not entitled to); or providing false information to Carrot.org or its representatives.
All rights (including, but not limited to intellectual property rights) contained within or relating to the RMP System belong to RMPP. You are granted a personal, non-exclusive licence to use the necessary RMP software required to participate in the RMP System, as determined by Carrot.org from time to time, for the sole purpose of purchasing, using and/or transferring Carrots, e-mail addresses and utilising such other services and facilities as Carrot.org may make available to you (as authorised by Carrot.org and in accordance with these Terms and Conditions); all other use, copying, transfer, modification, disassembly, or reverse engineering is strictly prohibited to the extent permitted by local applicable law.
You are prohibited from accessing or otherwise utilising (or making any use of) any of the services and/or facilities and/or software of Carrot.org (including, but not limited to Carrots) by any means other than by using the software licensed to you by Carrot.org under these terms and conditions.
You agree to pay all charges which you incur in respect of the RMP System at the then current prices set out in the Carrot.org website or other related websites. Carrot.org reserves the right to change prices or to institute new charges at any time. All such changes and new charges shall be set out in the Carrot.org website or other related website and this shall constitute notice to you of such change. Your continued participation in the RMP System shall constitute your acceptance of such changes.
In the event that payment is not received by Carrot.org from your credit or debit card issuer or PayPal (as applicable), you agree to pay all amounts due from you to Carrot.org upon demand.
Availability of Service
Carrot.org reserves the right to modify the RMP System at any time and may introduce additional optional services which, if selected by you, will require the payment of additional fees. Carrot.org may at any time (and without notice or liability) discontinue, suspend or change any aspect of the RMP System and Carrot.org may also set usage limits.
Whilst Carrot.org will use its reasonable efforts to ensure the uninterrupted availability of the RMP System Carrot.org does not guarantee that the RMP System will be uninterrupted or error free, in particular (but not limited to) the RMP System may be disrupted, delayed and or suspended from time to time due to maintenance, upgrade and/or reasons outside of the reasonable control of Carrot.org.
You are responsible for backing up on your own equipment any data or files (including Contact lists and/or Carrots), which may be subject to the RMP System and Carrot.org shall not be responsible for archiving or backing up any such data or files.
In the event that you (or any one accessing the RMP System through your equipment and/or system or by using (in any way whatsoever) your copy of any software and/or other rights belonging to RMP) breach any of these Terms and Conditions, Carrot.org may take whatever action it (at its sole discretion) deems appropriate, including terminating your service with or without notice. In the event of any such termination, Carrot.org shall have no liability whatsoever for any disruption, loss or any other damage occasioned by termination of these terms and conditions or the cessation of any service or facility provided by Carrot.org.
To the extent permitted by law Carrot.org makes no warranty or other guarantee (express or implied, including those as to fitness for purpose, merchantability, or as to title or the infringement of third party rights) as to any aspect of the RMP System which is provided by Carrot.org "as is" and "as available", you use the RMP System at your own risk and you agree (to the extent permitted by law) to waive any and all claims which you may have either now or in the future against Carrot.org. Carrot.org shall not (to the extent permitted by law) be liable to you, or any third person, in anyway for any loss, damage, injury or any other form of deficit (including direct, indirect and consequential loss) resulting from, relating to or arising as a consequence of the RMP System, including (but not limited to) your or others use of the RMP System. In any event, to the extent that liability cannot be excluded by the above Carrot.orgs' maximum liability to you shall be limited to the amount paid by you for the use of the RMP System. You shall keep Carrot.org fully and effectively indemnified against any and all losses, claims, damages, costs, charges, expenses, liabilities and demands which Carrot.org may incur, or against any proceedings or actions which may be brought or established against Carrot.org by any person and which arise out of, by reason of and/or relating to your use of the RMP System any breach by you of these Terms and Conditions.
The prime purpose of the RMP System is to prevent the reception of spam (or unwanted) e-mails, therefore the use of the RMP System may cause the deletion of, or delay in receiving, certain e-mails. The use of the RMP System is entirely your responsibility and Carrot.org shall not be liable or responsible for the loss and/or delay of any e-mail, other communication or file.
Carrot.org does not accept liability for any viruses, "Trojan Horses"or other harmful components, it is your responsibility to ensure that you take adequate measures to detect and protect against such threats.
Carrot.org shall have no liability in respect of any loss, damage, corruption or any other consequence (including those arising from negligence) resulting from or in connection with your use of the RMP System. Carrot.org shall not be responsible for replacing Carrots or e-mail addresses which have been disabled, lost or deleted.
Carrot.org does not endorse, promote or make any representation, guarantee or warranty about any third party product or service and any dealing which you have in respect of the same is entirely at your own risk.
Governing Law and Jurisdiction
These Terms and Conditions represent your entire agreement with Carrot.org in respect of the RMP System. You acknowledge that these Terms and Conditions are not intended to confer any benefit on any third party and that no third party shall have any right under the "Contract (Rights of Third Parties) Act" or any similar enactment or provision to rely upon or enforce any of these Terms or Conditions. These Terms and Conditions shall be governed by and interpreted in accordance with English law but may be enforced in any court of competent jurisdiction. Your use of the RMP System may be subject to applicable local laws.
If any of these Terms or Conditions are held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be construed in a manner consistent with the applicable law to reflect as nearly as possible the original intentions of the parties and the remaining provisions of these Terms and Conditions shall not be affected. No failure to exercise or delay by Carrot.org in exercising any right, power or remedy shall constitute a waiver by Carrot.org of any such right, power or remedy or of any other right, power or remedy arising by virtue of these Terms and Conditions or otherwise.
Notices may be sent by e-mail to the registered e-mail address of either party and will be deemed to have been delivered the day after posting. Notices sent by post must be sent to the address notified as the correspondence address of the party being served, shall be sent by registered post and shall be deemed to have been delivered 5 business days from the day of posting.