Terms of Service

This Terms of Service is made by Caddy Code (the “Company”) and the natural and legal persons that avail the services offered by the Company and SendGrid (the “Customers”). Please read these Terms of Service carefully before accessing or using our website. You can review the most current version of the Terms of Service at any time on this page.

Under these Terms of Service, services by Caddy Code(including communication, analysis, management, support, and support services concerning e-mail messages) are provided through related websites designated by SendGrid.Thus, in order to open an account with SendGrid or avail the SendGrid services through this Website, it is necessary to agree to the following terms of service specified by the Company.

CaddyCode offers the website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using any part of the Website, you agree to be bound by this Agreement, Privacy Policy as well as rules, guidelines, policies, terms, and conditions applicable to any service / module that is provided by or through the Website, including the Terms and Policies on the Website relating to any standalone services that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Service (collectively “Terms”).

If you do not agree to all the terms and conditions of this document, do not access the Website or avail any of the Services

In addition, the mail delivery platform service SendGrid is provided by SendGrid Corporation and it is necessary to follow SendGrid Terms of Service that are listed at the end of this Agreement. In the event of any conflict between these Terms and those set forth in the SendGrid Terms of Service, the latter shall be applicable and binding.

However, for the following, these Terms will be applied over SendGrid Terms of Service:

  1. Application for opening an account using this site will be made to our company, not SendGrid.
  2. We will charge and collect the fee for the service to be used through the account opened using this site.
  3. In case of breach of contract or fee non-payment, suspension or cancellation of service or termination of account may be carried out by our company on behalf of SendGrid.

CaddyCode and SendGrid

We are authorized by SendGrid to provide and represent the account management of SendGrid service (including the proxy right of opening a customer account, the suspension and cancellation of usage, fee collection right, support provision).

 

Registration

To fully avail the services of the Company, you must verify your e-mail ID and / or phone number and provide a password. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘consent’ as per the Information Technology Act, 2000, or the rules made thereunder, you are not eligible to register for, use or avail the services offered by and/or throughCaddyCode.

During registration, you agree to (a) provide true, accurate, current and complete information as prompted by the registration form, (b) maintain and promptly update your data to keep it true, accurate, current and complete; and (c) comply with these Terms of Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the services, or any portion thereof.

You retain sole responsibility for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.

You shall not transfer your account to another person, and you may not use anyone else’s account, username or password at any time without the permission of the account holder.

 

Communications

By using the service, it is deemed that you have consented to receiving telephonic calls, SMSs and/or promotional emails from us. Such communications shall be sent to you on the telephone number and/or email id provided by you for the use of the service. Such communication may be for purposes that inter alia include clarification calls, marketing calls and promotional calls.

 

User’s Obligations

The User undertakes to fulfil the following obligations, the failure to satisfy any of which gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the website, including, without limitation, any usage rules set forth in this Agreement.

You may not, and You shall ensure Your authorized users do not,

  • Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website via any media or forum, offline or online, save through the website itself. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted. It is clarified that this clause shall not be applicable to services as authorised and permitted through the website.
  • Access (or attempt to access) the website and/or the materials or posts on any network by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or services, or in any way reproduce or circumvent the navigational structure or presentation of the website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website is prohibited.
  • use the website in any manner that may impair, overburden, damage, disable or otherwise compromise CaddyCode services.
  • use the modules, features, or information made available through CaddyCode and this website to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
  • use the modules, features, services, or information made available through the website to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  • engage in any activity that interferes with or disrupts access to the website or the services (or the servers and networks which are connected to the website);
  • probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or exploit the website or Services or information made available or offered by or through the website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as required;
  • disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, servers or networks connected to or accessible through the website or any affiliated or linked websites;
  • violate any applicable laws or regulations for the time being in force within or outside India;
  • license, sublicense, sell, rent, assign, distribute, time share transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in or make the Services available to any third party;
  • threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence or investigation of any offence or is insulting any other nation; or
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; or
  • use the Services to transmit infringing, libelous, obscene, threatening, Malicious Code, or otherwise unlawful, unsafe, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights;

 

Term and Termination

These Terms of Service shall be binding on the user once the Website is browsed, and/or any service offered on or through the website is availed by the user. These Terms shall be binding till termination of the Services by the User as per the billing cycle as well as the SendGrid Terms of Service.

Any cancellations and/or terminations of the services by the user shall be as per the package availed by the user.

 

Payment and Invoices

You agree to pay to us the entire amount stated on the invoice / invoice statement (hereinafter collectively referred to as the invoice amount) unless otherwise noted on the site or service.

All invoice amounts are identified on each invoice / invoice statement. You agree to pay the invoice amount specified on the invoice / invoice statement by the deadline specified in the written document. If you designate a specific credit card as payment of the invoice amount, you shall give us the right to directly charge the credit card company the amount charged that arises under these terms.

In the event of delays in payment of the amounts specified in the invoice statement, you hereby authorise us to charge and collect the highest interest rate permitted by law.

Under no circumstance shall refunds of subscription / service amounts paid by the user be permissible.

 

Billing Cycle

We reserve the right to alter the billing amounts and billing cycles unilaterally and as per discretion. Any changes to the billing cycles and amounts shall be notified by posting on the website or notifying the user directly and the amended the invoice amount shall be applicable for the period of use of the services following such notification.

 

Intellectual Property Rights

We have all rights, authorities and interests including our site, services, technology, software and additions, improvements, updates and modifications thereto. Except for the rights to access the services under this Terms, you acknowledge that you do not have ownership of the abovementioned items and are merely granted a license to use them in accordance with the Terms.

All information posted on this site is copyrighted by us and protected by the copyright laws of various countries, various treaties and other laws. Beyond the scope permitted by private use of individuals and other copyright laws, use of these information (including reproduction, modification, distribution, etc.) will be prohibited unless we obtain prior permission from us.

CaddyCode’s name and logo used on this site are trademarks or registered trademarks of our company. SendGrid and its logo and service name (SendGrid) are trademarks or registered trademarks of SendGrid Corporation. Other products and company names are trade names, registered trademarks or trademarks of each company.

We do not license to usersCaddyCode’s, SendGrid’s or other trademarks on our website.

 

Support (target, scope, response time)

For users who have a direct contract with SendGrid or avail services via SendGrid’s reseller partners other than our company, please contact SendGrid support directly.

 

Scope of support

We provide the following support free of charge to customers using the service:

  1. Answers to inquiries about service specifications, usage methods, operating environment;
  2. Assistance on service introduction;
  3. Investigate the cause when the service does not operate properly, suggest a solution

However, the following matters (cited as an example, but not limited to these) will not be supported.

  1. Support for software and hardware other than service, network
  2. Integration work with customer's system
  3. Training on services
  4. Process confirmation, field verification, adjustment concerning service introduction
  5. Support outside support response time
  6. Support for use of services that are contrary to this contract or are not supposed by us
  7. Defects and obstacles caused by reasons that are the responsibility of customers or third parties
  8. Other work that our company independently decided not to be included in the support

 

Supported response time

We will correspond from 10:00 to 17:00 on our business days. Requests outside the hours shall be responded toon the next business day.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

You agree to indemnify, defend and hold harmless CaddyCode and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Links and API’s

We may provide links and API’s to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

 

Jurisdiction

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Chennai, Tamil Nadu, India, in all disputes arising out of or relating to the use of CaddyCode services.

Use of CaddyCode services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold CaddyCode, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on CaddyCode services.

 

Other Terms

In addition to the Terms set forth above, the Terms of Service prescribed by SendGrid shall be binding on the user. They may be accessed at here.

Make sure you use an email you can access.