By registering for or using the RetargetKit, you acknowledge that it is an Agreement. If you disagree with the terms of this Agreement, RetargetKit may immediately terminate your right to access or use the RetargetKit.
THIS AGREEMENT CONTAINS ALL THE RESPECTED TERMS of SERVICE REGARDING YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
RetargetKit desires to grant Customer the right to access and use the RetargetKit Product in strict accordance with this Agreement. The terms are listed below.
1. Our Contract With You
1.1 These terms of service to the order by you and supply of Services by us to you. They apply on the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2 The contract is the complete agreement between you and us. You accept that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the contract.
2. Purchasing Subscription
2.1 Please follow the given onscreen prompts to purchase your subscription to our service. You can only subscribe using the method given on our site. Each order is an offer by you to buy the services offered by us
2.2 The acceptance of your order takes place when we send a confirmation email to you after the payment process is complete, at that point and on that date (Commencement Date) the Contract between you and us will come into existence. The Contract will be only to those Services confirmed in the Subscription Confirmation.
2.3 In case if we are unable to supply you with the services for any reason, we will inform you of that by email and we will not process your request unless you approve it. If you have already paid for the services, we will refund you the amount on the basis of usage. We reserve our right to not offer the Services to anyone for any reason.
3. Cancelling the Subscription
3.1 You may cancel the subscription at any time. In case If you terminate the subscription before the end of your current paid-up month, your termination will take effect immediately and you will not be charged again.
3.2 To cancel the subscription, you simply have to sign in to your account and select the cancel button found inside your subscription section under the Billings menu.
3.3 Any request for refunds because of non-use of the Service after the initial 14 days free trial period may be provided by us at our sole discretion and shall have a reasonable administration charge.
3.4 When a refund is given by us, any discount provided which is based on the frequency of payments, (eg. quarterly, bi-annual and annual) will not be reflected in the refunded amount.
4. Our Services
4.1 We will provide you with social media management tools specifically described on our site or as more. Our services can be accessed by our website.
4.2 The Service may contain the features that enable various third party service providers (such as social media services like Facebook, Twitter and LinkedIn) to be directly integrated into your RetargetKit account. To use these features, you need to register for or log into the Third Party Service Providers on their respective websites. By enabling Third Party Service Providers within the Service, you will be allowing us to pass your login information to these Third Party Service Providers for usage purpose only.
4.3 Any descriptions or illustrations provided on our site are published for the sole purpose of giving an approximate idea of the services described in them. They are and will not form part of the contract or have any contractual force.
4.4 We shall do our best to ensure the Service and the Site are always available but we cannot guarantee it will be uninterrupted, always available or error free.
5. Your Obligations
5.1 It is your responsibility to ensure that:
(a) you cooperate with us in all matters relating to the Services;
(b) you provide us with necessary information and materials we reasonably require in order to supply the Services, and make sure that such information is complete and accurate in all material respects;
(c) you follow all applicable laws, including data protection laws;
(d) you follow our acceptable use policy; and
(e) you provide the correct county name which will reflect the country you live in when purchasing your subscription.
5.2 If our capacity to play out the Services is averted or postponed by any disappointment by you to satisfy any commitment recorded in condition 5.1:
(a) we will suspend the execution of the Services until you cure your default, and to depend on your default to assuage us from the execution of the Services, contingent upon each case to the degree Your Default anticipates or postpones execution of the Services. In specific conditions your default may qualifies us for end the agreement.
(b) we will not be responsible for any costs or losses you sustain or acquire emerging directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your duty to compensate us on composed interest for any expenses or misfortunes we support or bring about emerging straightforwardly or in a roundabout way from your default.
6.1 For providing the Services by us, you must pay our charges in accordance with this clause 6.
6.2 The charges are the prices listed on our site at the time you submit your order.
6.3 If you wish to change the subscription plan after we accept your order, and we agree to such change, we will modify the charges accordingly.
6.4 We ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 6.7 for what happens if we discover an error in the price of the services you ordered.
6.5 We reserve the right to increase the charges or prices any time.
6.6 If your location is in Europe then our charges are exclusive of VAT. Where VAT is payable and in respect of some or all of the Services you must pay us such additional amounts in respect of VAT at the applicable rate along with the charges.
6.7 In case if we offer and you are using a discount code then this code may only be used on a single account at any time. The discount code will be applied to your current plan and we will negate any discount that would have otherwise been applied based on payment frequency.
6.8 Discount codes are only applicable to your current subscription plan. This also includes offers provided when opening a free trial with us. In case of upgrading or downgrading your plan, the discount code applied to your previous charges will no longer be considered valid.
6.9 We reserve the right to reduce or stop discount codes as we see fit at any time
6.10 It is might be possible that, regardless of our sensible endeavors, some of the services on our site may be incorrectly priced. If the correct price for the services is higher than the price stated on our site, we will surely contact you as soon as possible to inform you about this error and we will give you the option to continue the purchase of the service at correct price or cancelling your order. We will not proceed your order until we have your instructions. If we are unable to contact you using the contact details provided by you during the order process, we will treat the order as cancelled and notify you in writing. But if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may cancel the supply of the services and refund you the sums you have paid.
6.11 For any upgrade or downgrade of your subscription plan, the credit/debit card that you provided will automatically charge the new rate on your next billing cycle. For upgrades, a charge will be applied based on the difference in price between your current plan and the plan you upgrade to and the amount of time remaining until your next billing date.
7. How to pay
7.1 Subject to clause 6.11 above payment for the Services and will take subsequent payments monthly thereafter.
7.2 You can only pay for the Services using a debit card or credit card unless we agree otherwise with you in writing.
7.3 If you fail to make a payment under the Contract by the due date, then, your subscription plan will be deactivated. However, you can activate your subscription plan anytime.
7.4 You have to pay all Taxes, Vat that may or may be required by law.
8. For Any Complaints
8.1 If a problem arises or you are dissatisfied with the service, please let us know at [email protected].
8.2 For more inquiry and information acknowledgement, you can chat with us using the chat box provided in the site.
9. Your Personal Information
9.1 We will use your any personal information given by you to us to:
(a) only provide the Services;
(b) only process your payment for the Services; and
(c) inform you about the similar products or services that we provide, but you may stop receiving these at any time by unsubscribing from these notifications from your mail.
10. Constraint Of Liability
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 Nothing in as far as possible or prohibits our risk for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors.
(b) extortion or deceitful deception.
10.2 Subject to clause 10.1, we will not be responsible to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract in case of:
(a) loss of benefits.
(b) loss of sales or business.
(c) loss of agreements or contracts.
(d) loss of use or corruption of software, data or information.
(e) loss of or damage to generosity. and
(f) any indirect or consequential misfortune.
10.3 Subject to clause 10.1, our total liability to you arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total charges paid under the contract.
10.4 We do not give any representations, guarantees or endeavours in connection to the services. Any representation, condition or guarantee which might be fused or incorporated into these Terms by principle, by precedent-based law or otherwise are, to the fullest extent permitted by law, prohibited from the agreement.
11. Information Confidentiality
11.1 We undertake that we will not in any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 11.2.
11.2 We each may disclose the confidential information:
(a) to such of our individual workers, officers, delegates, subcontractors or counselors who need to know such data for the reasons for doing our separate commitments under the Contract. We will each guarantee that such workers, officers, agents, subcontractors or guides pursue this statement 13; and
(b) as might be required by law, a court of skilled locale or any administrative or administrative expert.
11.3 Each of us may only use the confidential information for the purpose of fulfilling our respective obligations under the contract.