Please read these terms and conditions (“Terms”) carefully before using our Service.
Interpretation and Definitions
Interpretation
Certain words in these Terms have specific meanings outlined under certain conditions. These definitions apply whether the words appear in singular or plural form.
Definitions
For the purposes of these Terms:
Acknowledgment
These Terms and Conditions govern the use of this Service and establish the agreement between you and the Company. They outline the rights and responsibilities of all users concerning the use of the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you are not permitted to access the Service.
You confirm that you are over the age of 18. The Service is not intended for individuals under 18 years old.
Your use of the Service is also subject to your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy governs the collection, use, and disclosure of personal information when you use the Application or the Website. Please review our Privacy Policy carefully before using our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, 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 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 access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
Regardless of any damages you might incur, the entire liability of the Company and its suppliers under any provision of these Terms and your exclusive remedy for all such damages 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, in no event shall the Company or its suppliers 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 damages, 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” and 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 its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. 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, or work 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 its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails 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. But 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
These Terms and your use of the Service are governed by the laws of the Country, excluding its conflicts of law rules. Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If you encounter any issues or disputes about the Service, you agree to first attempt to resolve the dispute informally by reaching out to the Company.
For European Union (EU) Users
If you are a consumer residing in the European Union, you will be protected by any mandatory provisions of the law of the country where you live.
United States Legal Compliance
By using the Service, you affirm and guarantee that (i) you are not located in a country that is under an embargo by the United States government or that has been designated by the United States government as a “terrorist-supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any part of these Terms is deemed unenforceable or invalid, that part will be modified and interpreted to achieve the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms will not affect a party’s ability to exercise such right or require such performance at any time thereafter. Also, the waiver of a breach does not constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated. In the event of a dispute, you agree that the original English text will prevail.
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 significant, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a significant 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 website and the Service.
POLICY FOR DELIVERY OF DIGITAL GOODS
All Digital Goods purchased will be delivered through download or granting of access, which may be via email, designated Website access, or any other means of access (referred to as “Delivery”). The Delivery is considered complete when the purchased Digital Goods and their content are in Your possession, either through download or access via Our Website or any other internet-based platform. For the purpose of our Refund Policy, the Delivery date shall be the date of the first download or grant of access, regardless of the time of the first access by You.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
By email: info@bestsoftwaremart.com
