Small Business Terms and Conditions: Insights, Resources, and Free Template
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In today’s ever-evolving small business landscape, the confluence of customer relations and legal obligations underscores the need for a meticulously crafted Small Business Terms and Conditions (T&C) document. Whether your small business revolves around product sales, service provision, or running an e-commerce website, these terms form the foundation of your business relationships, safeguarding your interests.Â
In this guide, we’ll explore the essential components of creating a robust T&C document tailored specifically for small businesses.
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Get StartedIn this article
- Understanding the Importance of Small Business Terms and Conditions
- The Significance of Website Terms and Conditions for Small Businesses
- The Legal Requirement of a Terms and Conditions Agreement
- Four Compelling Reasons to Consider a Terms and Conditions AgreementÂ
- Creating Your Small Business Terms and Conditions
- Ensuring Acceptance of Your Terms: Best Practices for Small Businesses
- Where to Post Your Business’s Terms and Conditions
- Summary of What to Include in a Small Business Terms and Conditions Agreement
- Key Insights to Keep in Mind
- Consultation and Legal Review
- Small Business Terms and Conditions Website Template
Understanding the Importance of Small Business Terms and Conditions
A thoughtfully constructed Terms & Conditions (T&C) agreement is a valuable asset for small businesses. It serves as a guiding document that outlines expectations and rules for both business owners and customers. This agreement, also known as Terms of Use or Terms of Service, is indispensable for businesses of all sizes, including small enterprises.
In this comprehensive guide, we’ll provide you with essential insights to help you create a customized Terms and Conditions agreement tailored to your small business needs. Additionally, we’ve prepared a Small Business Terms and Conditions Template to simplify the process of drafting your agreement.
The Significance of Website Terms and Conditions for Small Businesses
Small business terms and conditions, especially when posted on a website, serve several important purposes. They help establish clear expectations and protect both the business and its customers. Here are some key reasons why small businesses should have well-defined terms and conditions on their websites:
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- Legal Protection: Terms and conditions provide a legally binding agreement between the business and its customers. They outline the rules and obligations for both parties, which can protect the business in case of disputes or legal issues.
- Clear Expectations: They set clear expectations regarding the products or services offered, pricing, payment methods, delivery times, return policies, and any other important information that customers need to know. This reduces misunderstandings and conflicts.
- Limiting Liability: Terms and conditions can include clauses that limit the business’s liability in certain situations. This can help protect the business from excessive claims or damages.
- Privacy and Data Protection: In an age of increasing concern about data privacy, terms and conditions can explain how customer data is collected, stored, and used. This can help the business comply with privacy laws and build trust with customers.
- Intellectual Property: They can define how the business’s intellectual property, such as trademarks, copyrights, and proprietary information, is protected and used by customers.
- Cancellation and Refund Policies: Clear policies on cancellations, returns, and refunds can reduce customer confusion and complaints. They also help manage inventory and financial expectations.
- Dispute Resolution: Terms and conditions can include clauses specifying how disputes will be resolved, such as through arbitration or mediation, rather than costly legal proceedings.
- Compliance with Laws: They ensure that the business complies with relevant laws and regulations, which can prevent legal issues and penalties.
- Consent for Transactions: For online transactions, terms and conditions often include consent for the transaction itself, confirming that the customer agrees to the purchase.
- Updates and Changes: Businesses can reserve the right to update or change their terms and conditions, provided they notify customers. This allows the business to adapt to changing circumstances.
- Protection of Content: For businesses that create and share content online, terms and conditions can outline how that content can be used, shared, or reproduced by customers or other parties.
- Credit and Payment Terms: If the business extends credit to customers or offers payment plans, terms and conditions can outline the terms of these arrangements.
- Community Guidelines: For businesses with user-generated content or online communities, terms and conditions can include guidelines for acceptable behavior, content posting, and moderation policies.
In summary, small business terms and conditions are a vital component of a website’s legal framework. They protect the business, clarify expectations for customers, and help maintain a positive and transparent relationship between the business and its clients. It’s essential to have these terms drafted or reviewed by legal professionals to ensure they are legally enforceable and compliant with relevant laws.
The Legal Requirement of a Terms and Conditions Agreement
While there is no legal mandate requiring you to have a Terms and Conditions Agreement, having one can serve as a legally binding contract, provided it meets certain conditions:
- All parties entered into the agreement voluntarily.
- You obtained clear and affirmative consent to the T&Cs from your customers.
- All parties comprehended the nature of the agreement, recognizing it as a binding contract.
- The contract terms are equitable and do not infringe upon customers’ consumer rights within the relevant jurisdiction.
Four Compelling Reasons to Consider a Terms and Conditions AgreementÂ
Although not legally obligatory, there are four compelling reasons why having a Terms and Conditions Agreement is a prudent choice for your small business:
- Liability Limitation: Shield your business from various legal claims by defining the scope of your liability.
- Return Policy Control: Set clear restrictions on returns, aligning them with your business objectives.
- Professional Image: Enhance professionalism and trust with a transparent T&C agreement.
- Dispute Prevention: Reduce the likelihood of disputes by establishing clear expectations and guidelines.
Creating Your Small Business Terms and Conditions
While not every provision listed below may apply to your specific business, they provide a solid foundation for your T&C. Here are the essential provisions to include and how to make them accessible to your customers:
I. Introduction
Start with a clear statement that the document is a Terms and Conditions Agreement, emphasizing its legally binding nature as a contract between your business and customers. Ensure these details are unequivocal.
II. Rules and Restrictions
Your T&C can establish rules and restrictions for users of your website or services. This section allows you to set expectations for user behavior and outline the consequences for non-compliance. Tailor the restrictions to the nature of your business, but common prohibitions may include abusive behavior, illegal activities, hacking, theft, and copyright infringement.
III. Governing Law and Jurisdiction
Specify which country’s laws govern the agreement to clarify the resolution process in case of disputes. Your T&C should confirm the applicable jurisdiction, whether it’s national, territorial, or state laws.
IV. Changing the Agreement
Reserve the right to modify the terms without requiring fresh consent from customers each time. Include a clause asserting your right to make changes and clarify that you will notify customers only of “material” alterations that significantly affect the contract.
V. Limitation of Liability
Limitation of liability clauses can help define the extent of your responsibility. Use this clause to explain that you are not responsible for third-party content on your website, that users use your services at their own risk, and that you are not liable for losses arising from a person’s use of your website, products, or services. Ensure that you limit your liability only to what’s legally required.
VI. Payment Terms
For businesses offering subscription services, provide clear explanations of your pricing model in your T&C. Specify chargeable items, end dates for free trials (if applicable), payment procedures, payment timing, and information on managing subscriptions.
VII. Shipping and Delivery
Set out shipping and delivery guidelines, keeping the clause broad enough to account for external factors causing delays beyond your control. Managing customer expectations is essential in this regard.
VIII. Returns and Refunds
Small businesses should include a return and refund policy clause within their T&C agreements. You can either link to your full policy or include key refund terms in this section. Define your rules for customer returns and refunds, and be specific about items that are non-returnable, within the boundaries permitted by law.
IX. Disclaimers and Warranties
Your T&C can host necessary disclaimers or disclosures relevant to your business. Include standard language disclaiming responsibility for harm resulting from a user’s access to your services. Warranty clauses can specify what you are not guaranteeing to customers and can protect you from liability in various scenarios.
X. Copyright
Although not mandatory, including a copyright clause can help clarify your intellectual property rights. Assert your IP rights and inform customers of the legal consequences of copyright violations, reducing the likelihood of disputes.
XI. Termination
Include a termination clause that enables you to suspend a user’s account or membership at your discretion, without providing a detailed explanation. This clause is crucial for enforcing compliance with your T&C.
XII. Contact Details
Make it easy for customers to reach out with questions or complaints by providing at least two contact methods, with at least one being a free option.
XIII. Links to Other Relevant Agreements
If your small business has other policies, such as a Cookies Policy, Service Level Agreement, or Privacy Policy, include links to these documents within your T&C. Emphasize that these policies should be read together for a comprehensive understanding of the user’s rights and obligations.
Ensuring Acceptance of Your Terms: Best Practices for Small Businesses
To strengthen the enforceability of your small business Terms and Conditions, it’s crucial to prove that users have read and agreed to the document. Implement the following methods to achieve this:
1. Clickwrap Consent
Employ the clickwrap method for consent by presenting users with a link to your terms and conditions and an empty checkbox. Clearly state that selecting the checkbox signifies that they have read and agreed to your terms. This method provides active, explicit consent, making it more likely for your T&C to hold up in court.
2. Browsewrap Consent
Implement browsewrap consent within your T&C agreement by explaining in the introduction that using your website or services implies agreement to your terms. This is considered implied consent, as it assumes that users are aware they have agreed to something by using your platform. Employing both clickwrap and browsewrap consent increases the chances of your T&C being upheld in court.
Where to Post Your Business’s Terms and Conditions
To ensure that your consumers can easily find, read, and agree to your T&C, consider linking it to the following locations, if applicable to your platform:
- Website or App Footer: These static menus are ideal for hosting your T&C since users can access them at all times.
- New User Account Creation Pages: Provide access to your T&C before users create an account to ensure they read and agree to the rules before joining your platform.
- Payment Screens and Checkout Pages: Present your T&C to consumers before they make a purchase to inform them about shipping, handling, and payment procedures while reducing potential liabilities in case of unforeseen circumstances.
- Within Your Website’s Privacy Center: Create a privacy center on your website to host various legal policies, including your T&C, to make them easily accessible to users.
- Linked in Clauses in Other Legal Policies: Link your T&C within related documents like your Privacy Policy and Cookie Policy, as these documents are interconnected and facilitate users’ access to essential information.
Summary of What to Include in a Small Business Terms and Conditions Agreement
Small businesses should have Terms and Conditions agreements on their websites. T&Cs determine what goods or services you’ll provide, and the terms upon which you will provide them. In other words, they are your conditions of sale.
Every Terms and Conditions agreement should include, at minimum, the following clauses:
- Introduction
- Governing law
- Changing the agreement
- Limitation of liability
- Payment terms
- Shipping and delivery
- Returns and refunds
- Warranties and exclusions
- Copyright
- Termination of agreement
- Contact details
- Links to other agreements e.g. Privacy Policy
Make sure you get express consent to your Terms and Conditions rather than implied consent to ensure it’s legally enforceable. When you draft a Terms and Conditions agreement for your small business, you need the correct provisions but also the right mindset. This agreement exists to preserve your business under the worst developments. You need to draft it to offer that protection.
You can do that by following these tips:
- Never assume “one size fits all.” If you run a clothing boutique and your friend maintains a fitness studio, is it unlikely their T&C will work for you. You need to go beyond cut and paste or borrowing another agreement and customize this for you. It is okay to use other T&C agreements as templates if you need help getting started but never assume that what works for someone else will work for you.
- Imagine the worst-case scenario. Think of the worst customer and anything that can possibly go wrong. Draft your T&C to deal with those situations.
- Be presentable. Avoid small fonts and use paragraphs rather than long blocks of solid text. Even if this makes your T&C several pages long, at least it will be easy to read. Use simple vocabulary and avoid complex legal jargon. An incomprehensible T&C will not endear you to your customers.
- Get feedback. Put yourself in the position of your customer and read the T&C from their viewpoint. Have a friend or other layperson review the T&C to see if they understand it clearly. This helps you draft a clear agreement.
- Be consistent. If your industry depends on key commercial and trade terms, use them. If they are obscure or technical, define them in your agreement. That will actually place you in a stronger position as it reduces misunderstanding.
A good Terms and Conditions agreement is the best time investment you can make for your small business. Give this task time and serious consideration so you secure the best legal protection possible.
Key Insights to Keep in Mind
When it comes to your small business, your terms and conditions play a critical role in protecting your interests and maintaining legal compliance. GetTerms provides valuable tips to help you navigate the process of creating and optimizing the terms and conditions for your small business website. Ensuring accuracy, relevance, and brand alignment is key.
- Accurate Section Completion: Filling out each section of your terms and conditions accurately is paramount. Inaccurate or incomplete information can lead to legal complications down the road. Make it a practice to regularly review and update your policy, ideally every few months. For instance, if your website incorporates affiliate links, ensure compliance with consumer protection guidelines and include a disclosure statement within your terms and conditions.
- Tailoring Clauses to Your Business: To prevent user confusion, customize your terms and conditions by removing clauses that aren’t applicable to your business model. Conversely, if there are specific provisions missing that your business requires, seamlessly integrate them into your draft. For instance, if your small business website doesn’t feature user-generated content or interactive comments sections, omitting these clauses is advisable.
- Originality Matters: Avoid the temptation to copy someone else’s terms and conditions, even when using a template as your starting point. Copying and pasting portions from another business’s documents amounts to plagiarism, as these documents are protected by copyright. Instead, use your own words and context to fill in the blanks of your terms and conditions template for small businesses. This ensures that your terms are tailored to your unique business needs, providing the necessary protection.
- Consistency in Brand Voice and Tone: Your terms and conditions offer an opportunity to align with your brand’s voice and tone. By maintaining consistency in style and language throughout your website and your terms, you enhance brand awareness and create a more cohesive user experience. While doing so, prioritize simplicity, readability, and clarity. Your terms should be easy for users to understand. Feel free to refer to our template for guidance on maintaining the right level of complexity in your additions.
Your small business’s terms and conditions are a vital element of responsible and legally compliant operations. By following these tips, you can ensure that your terms accurately represent your business, enhance user understanding, and protect your interests. Remember that originality, relevance, and brand alignment are key factors in crafting effective terms and conditions for your small business website.
In a Nutshell
Posting a Terms and Conditions agreement on your small business website serves multiple purposes, including protecting your company, reducing liabilities, and establishing proper expectations with customers. By following the guidelines and best practices provided in this comprehensive guide, you can craft a robust T&C agreement that safeguards your business interests effectively. Remember that investing time and consideration into drafting a clear and comprehensive T&C is a valuable endeavor for your small business’s legal protection.
Consultation and Legal Review
While creating a T&C document using a template like the one provided can be a helpful starting point, it’s important to consult with a legal professional. They can ensure your terms comply with applicable laws and regulations, align with your specific business model, and offer you the best possible protection.
In conclusion, Small Business Terms and Conditions are a fundamental aspect of conducting business responsibly and effectively. By investing time in creating clear and comprehensive terms, you not only protect your business but also foster trust and transparency with your customers or clients. Remember, it’s always better to have well-defined terms before any issues arise, ensuring that your small business runs smoothly and ethically.
Small Business Terms and Conditions Website Template
Posting a terms and conditions agreement on your small business website helps protect your company, removes liabilities from your plate, and sets proper expectations with your new and returning customers.
Effective Date: [DATE]
Introduction
Welcome to [WEBSITE_NAME], operated by [COMPANY_INFORMATION] (“the Company,” “We,” “Us,” or “Our”). Please take a moment to carefully review these comprehensive Terms and Conditions (“Terms”) before utilizing our services.
Interpretation and Definitions
1.1 Interpretation
To ensure clarity and consistency, certain words within these Terms are capitalized and have specific meanings as defined below, whether they appear in singular or plural form.
1.2 Definitions
For the purpose of these Terms and Conditions:
- “Affiliate” refers to an entity that controls, is controlled by, or is under common control with a party. “Control” implies ownership of 50% or more of shares, equity interest, or other securities with voting rights for director elections or other managerial decisions.
- “Account” means a unique account created for You to access our Service or specific Service features.
- “Company” denotes [COMPANY_INFORMATION], the entity responsible for operating [WEBSITE_NAME].
- “Country” refers to [COMPANY_COUNTRY], the jurisdiction under which these Terms are governed.
- “Content” encompasses text, images, or other information that can be posted, uploaded, linked to, or made available by You in any form.
- “Device” denotes any equipment capable of accessing the Service, such as computers, cell phones, or digital tablets.
- “Feedback” encompasses feedback, innovations, or suggestions sent by You concerning the attributes, performance, or features of our Service.
- “Products” refer to the products or items offered for sale through the Service.
- “Orders” represent your requests to purchase Products from Us.
- “Promotions” cover contests, sweepstakes, or other promotions available through the Service.
- “Service” refers to the Website [WEBSITE_URL].
- “Terms and Conditions” (also referred to as “Terms”) signify these Terms and Conditions, constituting the entire agreement between You and the Company regarding Service use.
- “Third-party Social Media Service” signifies any services or content (including data, information, products, or services) provided by a third party, which may be displayed, included, or accessible via the Service.
- “Website” refers to [WEBSITE_NAME], accessible at [WEBSITE_URL].
- “You” encompasses the individual accessing or using the Service, or the company or legal entity on whose behalf such individual uses the Service.
Acknowledgment
These Terms and Conditions govern the use of our Service and establish the agreement between You and the Company. They outline the rights and responsibilities of all users in relation to Service use.
Your access to and utilization of the Service is contingent upon Your acceptance of and adherence to these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or utilize the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. In case of disagreement with any part of these Terms and Conditions, You should not access the Service.
2.1 Age Restriction
You represent and warrant that You are over the age of 18. The Company does not permit individuals under 18 to use the Service.
2.2 Privacy Policy
Your access to and utilization of the Service also necessitates Your acceptance of and adherence to the Company’s Privacy Policy. This policy delineates Our practices for collecting, using, and disclosing Your personal information when You use the Application or the Website and provides information on Your privacy rights and legal protections. We strongly recommend reading Our Privacy Policy attentively before using Our Service.
User Accounts
When You create an account with Us, You must provide accurate, complete, and up-to-date information at all times. Failure to do so constitutes a breach of these Terms, which may lead to immediate termination of Your account on Our Service.
You are responsible for safeguarding the password used to access the Service and any actions or activities conducted using Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You are prohibited from disclosing Your password to any third party. If You become aware of any security breach or unauthorized use of Your account, You must promptly inform Us.
Usernames may not impersonate other individuals or entities, infringe upon the rights of others, or contain offensive, vulgar, or obscene content.
Content
4.1 Your Right to Post Content
Our Service enables You to post Content. You are solely responsible for the Content You post on the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Service. You retain all rights to any Content You submit, post, or display on or through the Service and are responsible for safeguarding those rights. You agree that this license allows Us to make Your Content available to other Service users, who may also use Your Content subject to these Terms.
You represent and warrant that:
(i) The Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms; and;
(ii) The posting of Your Content on or through the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual.
4.2 Content Restrictions
The Company is not responsible for user-generated content on the Service. You are solely responsible for any Content You post or any activity that occurs under Your account, whether conducted by You or a third party using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to:
- Content that is unlawful or promotes unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated or randomly-generated content, including unauthorized or unsolicited advertising, chain letters, any other unauthorized solicitation, or any form of lottery or gambling.
- Content containing or installing viruses, worms, malware, trojan horses, or other elements designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third party.
- Content infringing upon proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity, or other rights.
- Impersonating any person or entity, including the Company and its employees or representatives.
- Violating the privacy of any third party.
- Disseminating false information or features.
The Company reserves the right, though not obligated, to determine whether any Content is appropriate and complies with these Terms, and may refuse or remove such Content at its sole discretion. The Company may also make formatting edits and changes to the manner of any Content. Posting objectionable Content may lead to the limitation or revocation of your Service access. As the Company cannot control all content posted by users and third parties on the Service, You acknowledge that using the Service carries the risk of exposure to offensive, indecent, incorrect, or objectionable content, and You agree that the Company shall not be held liable for such content, including errors or omissions in any content, or any loss or damage incurred as a result of Your use of any content.
4.3 Content Backups
Although regular backups of Content are performed, the Company cannot guarantee that there will be no loss or corruption of data.
Corrupted or invalid backup points may result from Content corruption before being backed up or changes made during backup operations.
While the Company will offer support and attempt to address known or identified issues that may affect Content backups, You acknowledge that the Company bears no liability related to Content integrity or the successful restoration of Content to a usable state.
You agree to maintain a complete and accurate copy of any Content independently of the Service.
Copyright Policy
5.1 Intellectual Property Infringement
We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes upon the copyright or other intellectual property rights of any individual.
If You are a copyright owner or authorized on behalf of one, and You believe that copyrighted work has been copied in a manner constituting copyright infringement through the Service, You must provide a written notice to our copyright agent at [COPYRIGHT_AGENT_CONTACT_EMAIL]. Include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content infringes upon Your copyright.
5.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification following the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or specific location on the Service where the material You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at [COPYRIGHT_AGENT_CONTACT_EMAIL]. Upon receipt of a notification, the Company will take whatever action it deems appropriate at its sole discretion, including the removal of challenged content from the Service.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
6.1 Your Information
When placing an Order for Products available on the Service, You may be asked to provide specific information relevant to Your Order, including but not limited to Your name, email address, phone number, credit card number, credit card expiration date, billing address, and shipping information.
You represent and warrant that:
(i) You have the legal right to use any credit or debit card(s) or other payment method(s) used in connection with any Order; and;
(ii) The information You provide is accurate, correct, and complete.
By submitting such information, You grant us the right to provide this information to third-party payment processors for the purpose of facilitating Your Order’s completion.
6.2 Order Cancellation
We reserve the right to refuse or cancel Your Order for certain reasons, including but not limited to:
- Product availability
- Errors in product descriptions or prices
- Errors in Your Order
We also reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
6.3 Your Order Cancellation Rights
Any Products You purchase can only be returned or refunded in accordance with these Terms and Conditions.
Availability, Errors, and Inaccuracies
We continually update Our product offerings on the Service. However, the Products available on Our Service may be mispriced, inaccurately described, or unavailable. We may experience delays in updating information regarding our Products on the Service and in our advertising on other websites.
We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices before accepting an Order.
Prices may be adjusted by the Company after Order acceptance due to factors such as government actions, customs duty variations, increased shipping costs, fluctuations in foreign exchange rates, and other matters beyond the Company’s control. In such cases, You will have the option to cancel Your Order.
Payments
Payment can be made through various methods available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (e.g., PayPal).
Payment cards (credit or debit) are subject to validation checks and authorization by Your card issuer. Failure to receive the required authorization means We will not be liable for any delay or non-delivery of Your Order.
Promotions
Any Promotions available through the Service may be governed by rules separate from these Terms. If You participate in any Promotions, please review the applicable rules and our Privacy policy. In cases where Promotion rules conflict with these Terms, the Promotion rules will prevail.
Intellectual Property
11.1 Ownership and Protection
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used with any product or service without prior written consent from the Company.
11.2 Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide to the Company. If, for any reason, such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company.
The Company does not have control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly recommend that You read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason, including but not limited to Your breach of these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages You may incur, the Company’s entire liability, and any of its suppliers, under any provision of these Terms and Your exclusive remedy for all the foregoing, shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t made any purchases through the Service.
To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, business interruption, personal injury, loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damage.s, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE,” with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied:
(i) Regarding the operation or availability of the Service, or the information, content, and materials or products included therein;Â
(ii) That the Service will be uninterrupted or error-free;Â
(iii) As to the accuracy, reliability, or currency of any information or content provided through the Service;Â
(iv) That the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. However, in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
United States Legal Compliance
You represent and warrant that:
(i) You are not located in a country subject to the United States government embargo, or designated by the United States government as a “terrorist supporting” country, and;Â
(ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
20.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
20.2 Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If You have any questions about these Terms and Conditions, You can contact Us:
- By email: [CONTACT_EMAIL]
- By visiting this page on our website: [CONTACT_PAGE_URL]
- By mail: [COMPANY_MAILING_ADDRESS]
We will respond to your query as soon as possible.
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