Some legal stuff 🙂
As used in this Agreement, “you” and “your” refers to you, the person accessing the Services; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) Penida; and “party” or “parties” refers to both you and us. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING OR USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.
You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on our website. We reserve the right to change these terms and conditions at any time without notice, by updating this Agreement, and such changes will be effective as of the date these updates (or an updated version of this Agreement) is posted to our website. We may provide notice to you of material revisions by means of a general notice on our website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
Our app Cowlendar enables you to offer bookings on your online store. This app is designed to add value on feature to your existing online store.
We take reasonable efforts to explain each Service’s features to you on our website, but we can’t guarantee a Service will look or perform exactly like it appears on a demo page. If you have any questions about any terms or details of any of our Services, please reach out to through our contact email.
Penida shall use commercially reasonable efforts to provide technical support for Services. We are not responsible for providing technical support for any apps, products, or services provided to you by third parties.
All payments to PENIDA do not include applicable sales, goods and services, harmonized, or any other taxes or fees, which may be charged by governmental authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility
You agree to indemnify and hold harmless PENIDA and its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns (collectively, its “Others”), against any chargeback costs (plus any taxes or related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us for the Services.
In the event that you are billed directly by us, in most cases, you will be billed in advance of your payment period, typically monthly. In some cases, such as for overages, you may be billed in the month after the overages incurred. You must make all payments, without any setoff or deduction for any reason, within fifteen (15) days of the date of your invoice in a manner determined by us in our sole discretion.
All payments are made payable in USD (United States Dollars).
We may offer a trial period for certain Services before being required to purchase or subscribe. The duration and specific terms of the trial period will be published to our websites and during the Services install process. You will not be charged for the Services until the trial period has expired. You agree that even though you may have access to the Services on a trial basis, free of charge, you will be bound by the terms and conditions of this Agreement. Your continued use of the Services following the conclusion of the trial period constitutes your consent to be charged for those Services and to the provisions in this Agreement.
Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Services for the purpose of operating your online store. This right terminates upon termination of this Agreement or any other agreements previously provided to you by us, as may be applicable. For certainty, if you uninstall cowlendar app , your Agreement is terminated automatically. Any and all rights not expressly granted to you are reserved by us, and this Agreement does not confer to you a proprietary interest in any Services.
Certain words, phrases, names, designs or logos made available on or through the Services may constitute trademarks, service marks, or trade names that are owned by us or others. The display of such marks on or through the Services does not imply that you have been granted a licence by us or others with respect to them.
If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using our contact email.
Subject to issuing a two (2) week notice, PENIDA may terminate User access to all or any part of the Website or Service at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate its Agreement , User may discontinue using the Website. Notwithstanding the foregoing, paid accounts can only be terminated by PENIDA where there has been a material breach of the Agreement with PENIDA and such breach has not been cured within thirty (30) days of notice by PENIDA of such breach; provided that, PENIDA reserves the right to terminate the Website immediately as part of a general shut down of the services offered. All provisions of such Agreement and these terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability.
We are not a party to any relationship between you and any third party, including, but not limited to, you and your eCommerce platform or you and your customers (your “Customers”), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.
Your use of the Services may rely on services and products which are offered by third parties (“Third Party Services”). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.
We may make third parties’ content and materials (“Third Party Content”) available to you through our websites, such as reviews. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.
You agree that we will have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence for any damages or expenses resulting in any manner from your interactions with any: a) third parties; b) Third Party Services; or c) Third Party Content, and we are not obliged to become involved in any disputes you may have with any third parties. If you have a dispute with any third parties, you release PENIDA and its Others from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages, arising out of or in any way related to such disputes and/or our Services.
User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by PENIDA at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. PENIDA does not support the distribution of pornographic content. Except as expressly authorized by PENIDA in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any legally prohibited materials or content.
BIG Digital Downloads (the platform) is delighted to provide you with a platform for the sale and distribution of digital products. To promote fair and efficient utilization of our services, we have established a bandwidth usage policy. Each customer account is granted a maximum bandwidth allocation of 100GB per month for the transfer and downloading of digital products. This bandwidth allocation is crucial to preserve the integrity and performance of the Platform, ensuring an equitable environment for all users.
Consequences of Excessive Bandwidth Usage:
Exceeding the specified bandwidth limit of 100GB per month can have significant implications for the Platform’s performance. Such overuse can hinder essential operations and negatively affect the digital distribution service provided to other customers. It is essential to recognize that surpassing this bandwidth cap can result in a degradation of service quality. Therefore, we urge all customers to manage their digital product transfers within the allocated bandwidth to prevent any potential disruption.
Bandwidth Management Consideration:
Going beyond the 100GB bandwidth allocation may inadvertently alter the way your account is perceived on the Platform. Excessive bandwidth usage might reclassify your account from being a digital product distribution point to a high-traffic data transfer site, which goes beyond the scope of our services. It is important to note that our infrastructure and legal framework are not designed to support the demands associated with high-bandwidth operations.
Should a customer’s account consistently exceed the 100GB bandwidth limit, we reserve the right to implement remedial actions. These may include temporary restrictions on the account’s ability to distribute new products until bandwidth use is brought back within the prescribed limit. This policy aims to ensure a fair allocation of network capacity on the Platform, preventing any user from disproportionately consuming bandwidth that could impact service provision to others.
By adhering to the bandwidth usage policy, users contribute to a smooth and effective experience on the BIG Digital Downloads Platform. We value your understanding and cooperation in complying with this policy. If you need more information or assistance with this policy, please contact our support team.
Some of our Services may permit you to sell or otherwise enable Uploaded Content, which is material that has been uploaded by Content Uploaders. When you sell or otherwise enable Uploaded Content from Content Uploaders, the following rules apply (in addition to all other terms of this Agreement). You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Uploaded Content, to provide the Services and to promote the Services, in any formats and through any channels, whether now or later existing (and you represent and warrant that you have obtained the necessary permissions and rights to grant us this licence). You acknowledge that WE HAVE NO LEGAL RELATIONSHIP WITH CONTENT UPLOADERS, and we are not responsible for the Uploaded Content, or anything else related to Content Uploaders. UPLOADED CONTENT AND CONTENT UPLOADERS ARE SOLELY YOUR RESPONSIBILITY. YOU WILL BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES WE SUFFER BECAUSE OF UPLOADED CONTENT OR CONTENT UPLOADERS. Without limiting any other limitation of liability, indemnity or release set out in this Agreement, you agree that we have no liability to you for any losses or damages you might suffer because of Uploade