These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.
Terms of Service
These Terms govern your access to and use of the products and services we provide through OrganicWeb.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
2. Your Intuit Mailchimp Account
When using our Services requires access to your Intuit Mailchimp account, you agree to provide us ‘Manager’ access to your Intuit Mailchimp account. Do not share your Intuit Mailchimp username nor password with us. You will receive instructions on granting us access to your Mailchimp account via an email sent by Intuit Mailchimp. Please remove our access to your Intuit Mailchimp account upon our completions of Services
3. Minimum Age Requirements
Our Services are not directed to children. You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Fees and Payment
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
Payment. You must provide accurate and up-to-date payment information. We use Stripe and PayPal for payment processing. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.
Refunds. We may, at our sole discretion, offer partial refunds for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
6. Confidential Information
Confidential information refers to information that that is by its nature confidential, or is designated by the either You or us as confidential; or the Receiving Party knows or ought to reasonably have known is confidential in nature. This may include, but is not limited to, Intuit Mailchimp account information (including content within Intuit Mailchimp), and any electronic media, such as video files.
The Receiving Party must not:
- exploit the Confidential Information for its own benefit, for the benefit of any other person or for any other purpose, or allow any other person to do so without the prior written consent of the Disclosing Party (which may be withheld in its absolute discretion);
- use any of the Confidential Information in a manner or for a purpose detrimental to the Disclosing Party or its related bodies corporate (if any)
You and OrganicWeb must take reasonable steps to prevent disclosure of confidential information.
8. Third-Party Services
By using Third-Party Services, such as Intuit Mailchimp, you understand that:
- Third-Party Services aren’t vetted, endorsed, or controlled by OrganicWeb.
- Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms.
Our Services are provided “as is.” OrganicWeb and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OrganicWeb, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain services through our Services at your own discretion and risk.
12. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Queensland, Australia, excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts located in Brisbane, Queensland, Australia. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
13. Limitation of Liability
In no event will OrganicWeb be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to OrganicWeb under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. OrganicWeb shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. OrganicWeb isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless OrganicWeb, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services.
15. Economic Sanctions
You agree that our ability to provide our Services to you is subject to compliance with US and Australian sanctions that restrict or prohibit who or from where our Services can be accessed.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between OrganicWeb and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
OrganicWeb may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
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