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.
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 Services Accounts
When using our Services requires access to your service accounts such as Intuit Mailchimp and Salesforce, you agree to provide us access to your accounts. Please remove our access to your Intuit Mailchimp account upon our completions of Services. Furthermore you are responsible for backup of data and services and restore thereof.
3. Taxes and Refunds
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”), except in Australia. You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases.
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.
4. Feedback
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.
5. 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).
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.
6. Third-Party Services
By using Third-Party Services, such as Intuit Mailchimp and Salesforce, 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.
7. Changes
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. 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, you agree to be bound by the new Terms.
8. Termination
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.
9. Disclaimers
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.
10. 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, 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.
11. 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 AU$50. 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.
12. Indemnification
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.
13. Miscellaneous
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.
Credit Automattic