Terms of Use

Last Updated: March 2, 2022

Terms of Use

Please read these Terms of Use (“Terms”, ”Terms and Conditions”) carefully. The provision of information and services on emails-checker.net (the “Site”) operated by Emails Checker (“us”, “we”, “our”, “Kalpraj Solutions (OPC) Private Limited”), is conditioned upon your acceptance of and compliance with these Terms. These Terms constitute an agreement between Emails Checker and you governing your use of the Site (online versions), as well as the email validation services that we make available through the Site and all associated features, applications, and Content (as defined below) (collectively, the “Services”).

By using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, do not use the Services.

These Terms will change over time, in which case we will post the modified Terms on the Site. We may, in our sole discretion, notify you by email or with an announcement posted on the Site if the Terms are altered in a way that materially affects your rights. Your continued use of the Services following a change to these Terms signals your acceptance of the modification(s).

 

Using our Services

You must follow any policies made available to you within the Services. You must not misuse our Service. For example, do not use this website in any way that causes or may cause damage to the website or impairment of the website's availability and accessibility; or in any way which is illegal, fraudulent, harmful or unlawful, or in connection with any illegal, fraudulent, harmful or unlawful purpose or activity. Those terms do not give you the right to use this website to copy, send, store, use, publish, host, distribute or transmit any material or content which consist of (or is linked to) any computer virus, spyware, Trojan horse, worm, rootkit, keystroke logger or other malicious and/or damageable computer software. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website in any other ways than the ways mentioned.

You must not induce, encourage, incite people or offer them incentives to sign up as an affiliate in any way. You must not use Emails Checker services for data mining or email harvesting. If you do so, your lists and account may be suspended and erased, without a refund.

 

Data Uploaded by Users of Email Validation Services

We do not sell or share personal data that is uploaded by users of our Services (“Users”) in the course of their use of the Services. Users maintain ownership of the data they upload for email verification purposes (“Uploaded Data”). Emails Checker may access or use Uploaded Data for customer support or troubleshooting purposes, to gather statistics, to improve accuracy, or for increasing our product viability. Customers may delete their Uploaded Data from the Emails Checker system at any time.

 

Communications

By creating an Account on our Site, you are opting in to receive newsletters, marketing or promotional materials, and other information we may send to you via email from time to time. However, you may opt out of receiving promotional communications from us by following the unsubscribe link or instructions provided in any email we send or contacting our live chat support team any time.

 

Restricted Access

Access to some areas of this website is restricted. You must not try to access them using a method other than the interface and the instructions that we provide. Emails Checker reserves the right to restrict access to areas of this website, or the access to the entire website, depending on Emails Checker's discretion. In the case of Emails Checker provides you with an account to enable you access to restricted areas of this website, other services, or content, you may be sure the information is kept confidential. Emails Checker may disable your account at Emails Checker's sole discretion without prior notice or explanation or not at all.

 

User Content

Your user content in these terms and conditions means material (including files uploaded without limitation to be verified, emails tracked and verified through the service, emails acquired from rest API integration) that you submit to this website, for whatever purpose. Your user content is the sole responsibility of the entity that makes it available. It must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action against you, Emails Checker, or a third party (under any applicable law for each one). Any user content that is or has been subject to any threats or legal proceedings (past or actual) or other similar complaints must not be submitted to the website. Emails Checker reserves the sole right to edit or remove any material submitted to this website, stored on Emails Checker's servers, published or hosted upon this website. You grant Emails Checker the right to systematically view your data (email addresses) for the sole purpose of validation to verify whether the email addresses exist or do not. Emails Checker's staff will never be able to see your data, only the results of your data such as “exists or “does not exist and any transient errors associated with the efforts to increase the quality of Emails Checker's services. To ensure the safety of your data whenever it is encrypted using 2-way encryption methods. Emails Checker does not sell, share or use your data in any other way than validating email addresses. If you delete your data from our servers, it will be permanently deleted and unable to be recovered.

 

Purchases

You will be provided the ability to purchase credits through our Site. One credit entitles you to use the Services to check the validity of one email address. Once a credit is purchased or used, the use cannot be revoked and no replacement credits or refunds will be provided. Each purchased credit is only valid only during the 365-day period following the purchase of such credit and any unused credits shall automatically expire at the end of such period. At the discretion of Emails Checker, credits may be withheld until full payment is received from you.

We may use third-party services to process payments made through the Site. By submitting your payment information, you grant us the right to provide such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to these third parties, subject to our Privacy Policy. You also represent and warrant that: (i) you have the legal authority to use the payment card information you are submitting through the Site; and (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel any order at any time for 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, suspected fraud or unauthorized or illegal transaction.

 

About these terms

Emails Checker may modify these terms and conditions at any time. You should look at them regularly to be sure you are aware of the current version. Revised terms and conditions will apply from the date of the publication of the revision.

 

No Warranties

Emails Checker DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE SERVICES, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE. THE SERVICES ARE PROVIDED “AS IS WE EXCLUDE ALL WARRANTIES. Without prejudice to the generality of the previous paragraph, Emails Checker does not warrant that:

This website will be available at all times, nor available at all.

The information on this website is complete, accurate, non-misleading, or true.

Limitation and Exclusions of Liability

Emails Checker will not be responsible in any way (under both the law of torts and the law of contact, or any other laws) in relation to the contents and use of, or differently in connection with this website. Emails Checker will not be responsible to the extent that the website is provided free-of-charge, for any direct loss; Emails Checker will not be responsible for any indirect, special, or consequential loss: loss of revenue, income, profits or anticipated savings, any business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data. Emails Checker shall not be obligated to complete repayment to the user of any costs but the credit package purchased by said user, at all times. Even if the Emails Checker has been expressly advised, informed of the potential loss, these limitations of liability apply.

 

Exceptions

Nothing expressed in these terms and conditions will exclude or limit any warranty implied by law. Nothing in this website disclaimer will exclude or limit Emails Checker's liability in respect of any:

fraud or fraudulent misrepresentation on the part of Emails Checker; or

matter which it would be illegal or unlawful for Emails Checker to exclude, limit, purport or attempt to exclude its liability.

Reasonableness

By using this website, you agree that the terms and conditions, including the exclusions and limitations of liability, are reasonable. If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept and agree that Emails Checker, as a limited liability entity, has an interest in limiting the personal liability of its employees. You agree that you will not bring any personal claim against Emails Checker's officers or employees regarding any losses you are suffering in connection with the website. Without prejudice to the previous paragraph, you agree that the limitations of liability and warranties expressed in these terms will protect Emails Checker's officers, employees, subsidiaries, agents, assigns, successors, and sub-contractors as well as Emails Checker itself.

 

Refund Policy

The only way to be eligible to get a refund is to be compatible with https://emails-checker.net/deliverability-guarantee/ rules.

 

Unenforceable provisions

If any provision of these terms is found to be unenforceable under applicable law, it will not impinge the enforceability of the other provisions expressed in these terms.

 

Indemnity

You hereby indemnify Emails Checker and undertake to keep Emails Checker indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Emails Checker to a third party in settlement of a claim or dispute on the advice of Emails Checker's legal advisers) incurred or suffered by Emails Checker arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to Emails Checker's other rights under these terms and conditions, if you infringe these terms and conditions in any way, Emails Checker may take such action as Emails Checker deems appropriate to deal with, including prohibiting you from accessing the website or suspending your access, blocking computers using your IP address from accessing the website, contacting your internet service provider to request they block your access to the website and/or taking actions in a court of law against you.

 

Assignment

Emails Checker may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these terms and conditions without obtaining your consent nor notifying you.

 

Data Storage

You can remove your email lists any time you want. Moreover, Emails Checker automatically removes your lists one month after upload (if validation was not started) and one month after the list is validated. Please ensure you download your validation results once validation is finished.

 

Severability

If a part or provision of these terms and conditions is judged by any court of law or other competent authority to be unlawful and/or unenforceable, the other provisions will continue being applicable. If any unlawful and/or unenforceable provision turns out to be lawful or enforceable but a part of it has been deleted, this part will be considered as deleted, and the rest of the provision will be applicable.

 

Entire Agreement

These terms and conditions control the relationship between you and the Emails Checker. They govern your use of this website and supersede all previous agreements in respect of your use of this website.

 

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless Emails Checker and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Services, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) Content posted on the Services.

 

Limitation of Liability

In no event shall Emails Checker, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Emails Checker its subsidiaries, affiliates, and its licensors do not warrant that (i) the Services will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.

 

Newsletter

Upon registration, you agree to receive promotional and transactional emails such as invoices, reset the password, and other automated emails. At any time, you can update your email preferences on your account settings: https://app.emails-checker.net/settings, or you can unsubscribe directly from your inbox.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Maharashtra, India, without regard to its conflict of law provisions. 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. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services. We make no representation that any products, services, or information described or provided through the Site or Services are appropriate or available for use in locations outside the INDIA or all territories within the INDIA.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to these Terms will be effective immediately upon posting on this page with an updated effective date.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms including potential usage of your logo in our marketing materials. If you do not agree to the new terms, you are no longer authorized to use the Services.

 

Notices, Questions and Contact Information

You agree that we may give you notices or otherwise respond to you by mail or to your email address or in any other manner reasonably elected by us.

All legal notices to us must be sent to:

Kalpraj Solutions (OPC) Private Limited

NO.- 869/2, JORI KAWADEWASTI, SHIRUR, JAMBUT,

Pune, Maharashtra, 410504, India.

If you have a question regarding the Site or these Terms, you may contact us by sending an email to [email protected] or by visiting this page. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms.