Please read these Terms carefully. By using Profit Protector Pro’s web service or downloading the extension or app, you’re agreeing to these Terms.
This is a legal agreement.
Profit Protector Pro (“Profit Protector Pro” or the “Service”) is an Amazon repricing service for merchants offered through the URL https://www.ProfitProtectorPro.com (“Website”) that is used for Amazon repricing.
Profit Protector Pro is owned and operated by MKN Software Solutions Limited (“Profit Protector Pro,” “we,” or “us”).
Profit Protector Pro has directors, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”). You agree that:
Use of Service
Your use of Profit Protector Pro is based on the license of Profit Protector Pro’s Intellectual property to you. We grant you a limited, non-transferable license to use Profit Protector Pro Intellectual Property in accordance with the terms of this agreement, as long as you are a Member. Profit Protector Pro reserves all rights in the Intellectual Property not expressly granted to you.
If you choose to use Our Service, you represent that you have full power, capacity and authority to accept these Terms.
You affirm that you are at least 18 years of age, and to abide by and comply with these Terms of Service;
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted;
You must personally and manually create your account without using any automated means; except the auto- complete feature in your website browser. A Third Party may not create an account for you and you must not allow any Third Party to use your information to create an account;
You must provide your legal full name, valid email address, and any other information we request to complete your account-signup process;
You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation;
The purchase, sale, assignment or transfer of any accounts is prohibited;
You are responsible for your own conduct and activities on, through or related to Our Service. If you create an account to use Our Service, you are responsible for all conduct or activities on, through or by use of your account. You must immediately notify us of any unauthorized use of your account.
We or You may terminate this Agreement at any time by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Only if we terminate your account without cause, will we refund you a prorated portion of any plan prepayment. If your account is terminated, we may permanently delete your account and all the data associated with it from our Website.
If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it. Monthly Plan payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment. You must terminate your Monthly Plan at least 24 hours prior to the next monthly due date in order to avoid being charged for that month. You can cancel your account by just cancelling the recurring payments through your payment processor.
We consider the person or business entity in whose name the account is registered in to be the owner
Our charges related to our Services are posted on our Website at Profit Protector Pro.com and may be changed from time to time.
As long as you’re a Monthly Plan member or have an outstanding balance with us, you'll provide us with a valid payment source and authorize us to deduct the monthly charges against that payment source. You’ll replace the information for any payment source that expires with information for a different valid payment source. Anyone using a payment source represents and warrants that they are authorized to use that payment source, and that any and all charges may be billed to that payment source and won’t be rejected. Payment sources include Credit Cards, PayPal or any other means which We deem acceptable. Failure to perform payment shall construe as material breach of this Agreement.
Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former Team. We (limited to its officers and directors) agrees that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties agree that the liquidated damages in the amount of £5,000 per violation provided under this Contract are in lieu of actual damages and are the Parties' reasonable estimates of fair compensation for the Losses that may reasonably be incurred by each violation of this covenant.
We may change the terms of this Agreement or our pricing at any time by posting the changes to this Website or notifying you by email.
What Are Cookies & Why Are They Necessary? Cookies are small pieces of code designed to store pieces of data. For example, they remember things like your name or email address that have been previously entered into forms it will remember these things whether you are logged in or not, this is because they are stored on your own user device such as your laptop, phone or tablet.
The cookies help us as a business understand where you came from and how you found us whilst browsing the internet.
If you would like more information on cookies please visit: http://www.allaboutcookies.org
If you would like to learn how to delete/control how cookies are used on your devices please visit: http://www.allaboutcookies.org/manage-cookies/clear-cookies-installed.html
What Kind Of Cookies Do We Use? Strictly Necessary Cookies - These cookies are required to enable you to navigate around the site, use the sites features and return to previous pages you have already visited.
Performance Cookies - These types of cookies track where you have been on the site, how many times you have been there and how you choose to navigate around the site. It helps us understand how the site works best and to ensure you are finding exactly what you are searching for. The data is 100% anonymised - this means that we are not able to individually identify you.
Functionality Cookies - These cookies allow us to personalise your experience whilst using our site by remembering choices you have previously made for example your username, which language you have chosen or even the region you are in. By using this website you are agreeing for us to put these kinds of cookies on your device and they will stay there until your cookies are cleared.
Retargeting Cookies - We use these kinds of cookies to show you more of what we think you will like. They collect data about your browsing habits which allows us to serve up the most relevant advertisement for you.
Permanent/Persistent Cookies - These cookies are stored for longer than the session cookies. They only reactivate when you return to the same site and are stored until their expiration date.
Data Protection and Privacy Notice
We are 100% committed to protecting your data and your privacy. This is why maintaining your trust whilst visiting our website and using our Software are of utmost importance to us.
Your email and personal information is safe with us but just in case our word isn’t enough, we have included lots information about when and why we collect your data, what we will be doing with it and how we are dedicated to keeping it safe and secure.
Please note that you are always entitled to gain access to your personal information. If you wish to do this contact our GDPR Officer Karen at info@ProfitProtectorPro.com
Whilst Visiting Our Website
When you visit our site www.ProfitProtectorPro.com we use both Cookies and Google Analytics which is also a third party service and we use this to track the amount of visitors we have to different parts of our website. This will help us understand our visitors and their behaviour whilst on our site. We are not able to find the identity of any person through this process nor would we attempt to find this information out.
If at any point we were to collect identifiable information about you, we will let you know why and our intensions.
Your data is also collected by third party affiliate software provider, third party suppliers and payment processors Stripe and/or PayPal.
What About Our Mailing List?
When you subscribe to our mailing list we collect some of your personal information we do this for a few reasons - to let you know of new and upcoming information, and to get in touch with you if we need any additional information from you and also to keep you up to date with all the things you have asked us to keep you informed about.
When we send these emails to you we are using third party services Kartra and/or AWeber to deliver them to you, within Kartra and AWeber we track things like our email open rate to see whether you are still interested in what we have to say.
You are able to unsubscribe to our emails at anytime just scroll to the bottom of one of our emails and find the unsubscribe button. Alternatively you can contact our GDPR officer Karen at info@ProfitProtectorPro.com
Does Our Privacy Notice Continue To Sites We Have Linked To?
No, our privacy notice does not stand for any sites that we may link to from www.ProfitProtectorPro.com. Make sure to check privacy notices and cookie policies within each individual site. We are only able to control what we do with our own.
You promise not to: • Send Unsolicited Bulk Mail (SPAM) or other communications; • Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; -Send or transmit pornography or other sexually explicit communications, communications offering to sell illegal goods or services, communications that violate Spam Laws, or marketing or commercial communications without permission; • Infringe on any third party’s ownership rights by using any material in your transmissions or uploads that is not owned or licensed by you. This includes text, photos, graphics, and other content; • Use any misleading or incorrect names, addresses, email addresses, subject lines, photographs, content or other information on the Website or in any communications or transmissions sent using Our Service; • Breach or circumvent any laws, third party rights or our systems, policies, or determinations of Your account status; • Use any robot, spider, scraper or other automated means to access our Service for any purpose; • Harvest or otherwise collect information about members without their consent; and • Upload or transmit harassing, offensive, obscene, defamatory, threatening, or malicious content or communications.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, PROFIT PROTECTOR PRO OFFERS THE WEBSITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE. PROFIT PROTECTOR PRO DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL PROFIT PROTECTOR PRO, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (the “PROFIT PROTECTOR PRO TEAM”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE PROFIT PROTECTOR PRO TEAM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US THE MONTH BEFORE. YOU SHOULD DO YOUR OWN DUE DILIGENCE IN TERMS OF PRODUCT REPRICING AND PROFIT PROTECTOR PRO TAKE NO RESPONSIBILITY FOR YOUR REPRICING DECISIONS OR FOR THE ACCURACY OF THE INFORMATION PROVIDED – IT IS FOR GUIDANCE PURPOSES ONLY.
You agree to indemnify and hold harmless the Profit Protector Pro Team from and against any and all loss, expenses, damages, and costs, including without limitation reasonable legal fees, resulting, whether directly or indirectly, from your violation of the Terms of this Website. You also agree to indemnify and hold harmless the Profit Protector Pro Team from and against any and all claims brought by third parties arising out of your use of the Website or Services and the Content You make available via the Website or Services by any means, including without limitation through an emailing, posting, a link, reference to Content, or otherwise, whether by You or a third party using Your password.
In the event we prevail in any action against you arising out of or relating to this Agreement, We shall be entitled to recover damages, other relief we may be awarded, its costs and expenses, including reasonable attorneys fees, incurred in connection with such action.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include solicitor/barrister and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Ours. The Profit Protector Pro Website, its original Content, features, functionality (including look), and Service Content (“Intellectual Property”) are owned by Profit Protector Pro and are protected by English and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted Content. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, adwords, and interactive features generated, provided, or otherwise made accessible on or through Profit Protector Pro.
Compliance with Law
You represent and warrant that your use and interaction with Profit Protector Pro is in compliance with all national, federal, state, and local laws, ordinances and regulations. If you are located in a Country outside the United Kingdom it is your responsibility to determine that you are in compliance with the laws of that Country. You agree to indemnify and hold us harmless from any losses, including legal fees that result from your breach of any part of these warranties.
We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other insurmountable circumstance or event (“Force Majeure”).
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.
The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
This Agreement will only be amended by our posting new terms on this Website. These new terms will then be incorporated into the existing Agreement. If there is a conflict between the existing terms and the new terms, the new terms shall control.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the United Kingdom without regard to its conflict of laws rules, or international law or convention.
Any dispute or controversy You or We have arising under or in connection with this Agreement shall be settled exclusively by binding arbitration solely by written submission in the United Kingdom. Judgment may be entered on the arbitrator's award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages.
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between You and Us alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The above notwithstanding, if You violate these Terms then we may seek injunctive or other equitable relief.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion. Disclaimer In no event will The Profit Protector Pro Team be responsible for the actions of any third party. Third parties may include but are not limited to advertisers, linked websites or other members.
All notices to You will be effective when We send it to the last email or physical address you gave us or posted on our Website. Any notice to Us will be effective when delivered to us by email at info@ProfitProtectorPro.com
If copyrighted content that belongs to You was posted on Profit Protector Pro without Your permission please notify Us at info@ProfitProtectorPro.com
Please include in your notice:
This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offence that’s sometimes even classified as a felony.
Warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on one of our Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.
When you use the Profit Protector Pro service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright © MKN Software Solutions Ltd 2020
International House, 24 Holborn Viaduct, London, United Kingdom, EC1A 2BN