Meaning of Words and / or Terms:
These meanings apply throughout these Terms and Conditions (words and / or terms may be capitalised or not):
Terms and Conditions:
These Terms and Conditions apply to all users of our website including without limitation users who are browsers, and / or vendors, and / or customers, and / or merchants, and / or contributors of content.
Your acceptance of these Terms and Conditions constitutes a legal agreement between us and you, so please read them very carefully. By purchasing and / or using our service you are agreeing in full to ALL these Terms and Conditions.
The section headings used are purely for reference purposes only, and do not affect the meaning or the interpretation of this agreement.
If any provisions in this agreement are found for any reason to be invalid or enforceable, this will not render any other provisions in this agreement to be invalid or unenforceable, and they will remain in full force and effect.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If any provisions in this agreement impose obligations after this agreement is terminated or expired, then those obligations shall survive after this agreement has been terminated or expired.
You may not assign any of your rights under this agreement to anyone else, however we may assign our rights to any other individual or third-party at our discretion.
This agreement shall be governed, construed, and enforced, in accordance with the laws of England and Wales, without regard to its conflict of laws rules, or international law or convention.
This agreement, together with any policy notices and additional Terms and Conditions you have agreed to, constitutes and supersedes all prior agreements, representations, and understandings of the parties concerned, both written or oral.
We may change our Terms and Conditions, agreements, policies, notices, or our pricing at any time, and without notice, by posting the changes to our website and / or web browser extension plug-in and / or mobile app, and / or by notifying you by means of the email address and / or physical address you gave to us when you signed up to our service. It is your responsibility to check our website periodically for changes. The new Terms and Conditions, agreements, policies, notices, or our pricing will then be incorporated into the existing agreement, or will replace the existing agreement, or parts of it. In the event of any conflict between the current Terms and Conditions and the new ones, then the new ones shall control. Your continued use of, or access to, our website and / or service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes in full.
We cannot guarantee that the information supplied by our service is free from inaccuracies, typographical errors, or omissions. We reserve the right to make alterations to all / any information provided by the service at any time, and also to cancel subscriptions (even after submission by yourselves, or a third-party authorised to act on your behalf) without prior notice.
We undertake no obligation to update, amend or clarify information in the service, except as required by law. No specified update or refresh date applied in the service should be taken to indicate that all / any information in the service has been modified or updated.
Any controversy or dispute that you or we may have arising under this agreement, or in connection with it, shall be settled exclusively by binding arbitration, and solely by written submission in England and Wales. 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.
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, for example a ‘class action’, 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 and Conditions then we may seek injunctive or other equitable relief.
In no event will we be responsible for the actions of any third-party, including, but not limited to advertisers, linked websites, or other members.
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.
Use of Our Service:
Your use of our service is based on our license of our intellectual property to you. We grant you a limited, non-transferable license to use our Intellectual Property in accordance with the Terms and Conditions set out in this agreement, as long as you have legitimately purchased the service directly from us, and remain a current and paid-up member. We reserve all rights in our Intellectual Property not expressly granted to you by us.
If you choose to use our service, you affirm that:
You must not use our service to facilitate illegal price-fixing agreements, or to show any intention of doing so. Any such activity will result in the immediate termination of your account and membership.
Should your monthly usage exceed your selected plan allowance, or significantly exceed the average monthly usage (as solely defined by us), we reserve the right to immediately, and without notice, disable / throttle / suspend / terminate your account.
Optional / Additional Tools / Services
As part of your membership subscription we may provide you with access to third-party tools / services, over which we do not have any control nor input, and which we do not monitor. Any use by you of optional tools / services offered through our service is entirely at your own risk and discretion, and you should ensure that you are familiar with, and approve of, the terms and conditions under which such third-party tools / services are provided.
You acknowledge and agree that we provide access to such tools / services on an ‘as-is’ and ‘as-available’ basis, without any endorsement, and without any warranties, representations or conditions of any kind. In addition, we shall have no liability whatsoever arising from, or relating to, your use of any optional third-party tools / services. You fully agree that we do not accept any liability for your Amazon Seller Account, and you use our tools / services at your own risk.
At a future date we may also offer additional / new tools / services / features / resources, and these shall also be subject to these terms and conditions.
Opening and Operating an Account:
We reserve the right to refuse service, or to cancel service, to anyone, for any reason, at any time.
An account must only be opened / registered / operated by a human being, and NOT through the use of ‘bots’ or other automated methods. Your account must only be created by you or us, and not another person or entity (a third-party).
You must provide us with your legal full name, along with a valid email address belonging to, and accessible by, you, as well as any other information that we request in order to complete your account signup and verification process.
You must not give a third-party access to your account, or allow them to use your account, or allow them access to any information which would allow them to do so, or to open an account using any of your information.
You are responsible for maintaining the security / integrity of your account and password at all times. We will not be liable for any loss or damage as a result of your failure to comply with your legal and security obligations.
You are responsible for your own conduct and activities on, through, or related to, the use of your account and / or our service. You must notify us immediately of any unauthorised access and / or use of your account, or if you think that the security of your account has been compromised in any way. Any breach, or suspected breach of your account security, or your account itself, must be reported with immediate effect to our email address: info@ProfitProtectorPro.com.
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
It is strictly prohibited for you to purchase, sell, assign, or transfer any accounts.
You will be required to provide us with a valid payment source for your monthly plan payments, including debit card, credit card, PayPal, or any other means acceptable to us. You will also be required to authorise us to deduct the monthly plan payment charges in full against that payment source. Before a payment source expires, you must provide us with details of a different and valid payment source, so that your membership is not interrupted / suspended / cancelled. 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.
By providing us with details of a payment source, you are assuring us that you are authorised to use that payment source, and you guarantee that any and all charges may be billed to that payment source, and will not be rejected or subject to a delay in processing. Failure to make your monthly plan payments will be construed as a material breach of this agreement.
We reserve the right to recharge you PayPal/Stripe/payment processing fees plus an administrative cost if you refund an annual subscription within 30 days of purchase in line with our money back guarantee.
Our service charges can be found on our website, and may be changed by us at any time, and without notice.
Our packages are sold on the basis of the number of SKUs you have in your account. Should you breach your account limit, you will be liable for the additional costs associated with an upgrade to the most appropriate level for your usage. Should you consistently breach your account limit, we reserve the right to terminate your account and no refund will be payable.
This agreement can be terminated at any time by you or us giving notice to the other party. Our service to you may be suspended / terminated by us at any time, with or without cause. If we terminate your account without cause, then we will refund you a prorated portion of any unused period of service that has already been paid for. In the event of your account being terminated, by either party, then we may delete your account permanently, along with all the data from our website and / or databases associated with it.
If you do not log into your account at least once in a calendar year, then we may deem your account to be inactive and so permanently delete your account, along with all the data from our website and / or databases associated with it.
After signing up to our service and making your initial payment, further monthly plan payments are due at intervals of one calendar month thereafter, until cancelled by you or us. To terminate your monthly plan payments, you must notify us in writing at least 7 days prior to the next monthly plan payment due date, in order to prevent you from being charged for that month. You can do this by requesting that your payment processor cancels the recurring payments, and at the same time also notifying us via our email address: info@ProfitProtectorPro.com.
Automated Minimum and Maximum Calculations
In order to stay within Amazon Developer Terms of Service, only certain data is available to us when automatically calculating Minimum and Maximum pricing and we therefore use ‘one size fits most’ data in the calculations in order to stay within those Terms of Service. You should always ensure you're comfortable with the figures calculated before switching on repricing. We take no responsibility for the calculating of this data and you use the feature at your own risk.
Communications Between Us and You:
We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on our website, and / or web browser extension plug-in, and / or mobile app. 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.
Any notice from us to you will be effective when we send it to the last email address you gave us, or we post such to our website and / or web browser extension plug-in and / or mobile app. Any notice from you to us will be effective when delivered to us by email and received at info@ProfitProtectorPro.com.
Cookies and Google Analytics:
There are two types of cookies: session cookies and persistent cookies. Session cookie files are created temporarily on your user device when you visit a website, and when you leave the website the session cookie is usually deleted. Persistent cookie files remain on your user device for the duration period set by the cookie, and are activated again once you revisit the website. Our website uses both types of cookies. For more information on cookies visit: http://www.allaboutcookies.org.
Our website also uses the third-party service Google Analytics to track the number of visitors to different parts of our website, this helps us to help us understand our visitors and their behaviour whilst on our website. We are unable to discover the identity of any person through this process, nor would we attempt to discover this information.
Your data may also be collected by third-party affiliate software providers, third-party suppliers, and any payment processors that we may use.
Data Protection and Privacy Notice:
We want you to be able to trust us with protecting your data and privacy when you use our service. If we collect any identifiable information about you, we will inform you why we collected it, and how we may intend to use it (if at all).
When you provide us with personal information in order to open and operate an account, and / or to make a payment or set up a payment plan, etc, we deem that you consent to our collecting it and using it only for that specific purpose.
We will only use your Amazon listing data for repricing purposes, and to display statistical and other information in your service account / web browser extension plug-in / mobile app.
When you sign-up to our mailing list we collect some personal information about you, we do this to:
We use third-party services to deliver these mailing list emails to you, and within these third-party services we may track various information, such as our email open rate, which allows us to see whether or not you remain interested in what we have to say.
You can unsubscribe from our mailing list at any time simply by clicking on the ‘unsubscribe’ button found at the bottom of each email. Alternatively, you can contact our GDPR officer Karen Hutson at info@ProfitProtectorPro.com, and ask to be removed from our mailing list. Please note that although unsubscribing means that we will no longer send you any marketing emails, you may still receive any emails necessary to operate your account, such as notifications of problems with your payment source, etc.
Please note that this Data Protection and Privacy Notice only applies to our services and our websites, and not to any third-party services / websites that we may link to and / or from, including payment processors, third-party services, and affiliate software providers. In addition, our website is powered by WordPress, who may also be able to see certain data. Please check with those services / websites for their cookie, analytics, data protection, and privacy policies and notices.
The third-party providers used by us will generally only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions, and in addition they may be based in, or have facilities located in, countries where different data and privacy legislation applies, in both cases you should satisfy yourself that you are happy to proceed on this basis.
Credit card information send from our networks to third-party networks are always encrypted, however other information that you provide may not be.
If Profit Protector Pro is acquired by or merged with another company, your information may be transferred to the new owners to allow continued operation of your membership / account / service.
We may disclose your personal information if we are required to do so by law, or if you violate our Terms and Conditions.
If you have any questions regarding our policy on data protection and privacy, or want to gain access to any of your personal information that we hold about you, please do not hesitate to contact our GDPR Officer Karen Hutson at info@ProfitProtectorPro.com
Our Intellectual Property:
Our Intellectual Property is owned by us, and is 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 or privately communicate, or republish / distribute any of our copyrighted content and Intellectual Property.
Your Intellectual Property:
You affirm that you own and / or have permission to use any material that you upload to, or transmit using our service, or send to us, at our request or not, and by any means, including but not limited to: online, by email, by postal mail, or otherwise, including such information as, but not limited to: comments, suggestions, proposals, plans, creative ideas, or other materials, and that you grant us a non-exclusive worldwide license to use or disclose such material.
You agree that any comments, suggestions, proposals, plans, creative ideas, or any other materials, will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments, suggestions, proposals, plans, creative ideas, or any other materials will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.
You furthermore agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any and all such information that you forward to us. We are, and shall be, under no obligation to maintain any comments in confidence, and / or to pay compensation for any comments, and / or to respond to any comments.
If copyrighted content that belongs to you appears on our website / browser extension plug-in / mobile app without your permission, then please notify us immediately at info@ProfitProtectorPro.com, providing us with the following information:
Note that if you knowingly make a false statement in your claim of copyright infringement, then you could be committing perjury, and may be liable for damages / civil penalties. If you are not sure whether material on our website / browser extension plug-in / mobile app infringes your copyright, then you may wish to take legal advice before notifying us. We may forward your notice to the person that uploaded the content, or is believed to have done so, or has been accused of doing so.
Disparagement and Defamation
You and we agree not to in any way disparage, defame, slander, demean, or criticise the other party or their services / products, or in any way adversely affect or otherwise malign their reputation, in private or in public, directly or indirectly, in writing, orally, electronically, or by any other actions or means. This will not preclude either party from making truthful statements or disclosures that are required by applicable laws, regulations or legal processes.
The parties to this agreement agree and acknowledge that these non-disparagement and non-defamation provisions are a material term of this agreement, the absence of which would have resulted in us refusing to enter into this agreement with you.
The parties to this agreement agree and acknowledge that it would be difficult / impossible to accurately determine the amount of actual or possible damages incurred should any one of the parties to this agreement in any way disparage, defame, slander, demean, or criticise the other, and therefore agree that liquidated damages of £5,000 per violation should be paid in lieu of actual damages, these being the parties' reasonable estimates of fair compensation for any losses that may reasonably be incurred by each violation.
You agree in full not to:
Disclaimer of Warranties:
To the fullest extent permitted by applicable law, we offer our service, or any component of it, as-is. In addition, we make no representations or warranties of any kind concerning our service, either express, implied, statutory or otherwise, including, without limitation, merchantability and / or the suitability / fitness of our service for a particular purpose.
We do not warrant that the functions or content of our service will be uninterrupted or error-free, or that defects will be corrected, or that our servers / software / web browser extension plug-ins / or apps, are free of any 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 we, or any of our team, be in any way 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 our service (or the suspension / termination thereof for any reason), even if our team have been advised of the possibility of such damages.
Our total liability for all claims made with regards to our service in any month will be no more than what you paid to us during the previous month.
You should do your own due diligence with regards to Amazon product repricing, and also any information that our service provides to you. We take no responsibility at all for your repricing decisions, or for any pricing decisions made by the service, or for the accuracy of any information provided by or through the service, as our service is intended purely for guidance purposes only.
When performing repricing calculations, some information is pulled from various Amazon websites / databases / data sources. We cannot in any way be held responsible / liable for the availability / accuracy / timeliness of this information, or for the accuracy of the calculations produced from this information, or for any errors made in the repricing of any items, or for any losses that you may incur as a result of any inaccurate information pulled or used, or inaccurate calculations made, or any incorrect pricing actions or other actions taken by the service.
All information provided by the service is for general information and guidance purposes only, and you should carry out your own due diligence before making any decisions and / or taking any action. We take no responsibility for your pricing decisions.
Your continued use of the service is entirely conditional on your acceptance of ALL of our Terms and Conditions / agreements / policies / notices.
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, power failures, third-party suppliers / providers, government orders, nuclear destruction, Armageddon or any other insurmountable circumstance or event (‘Force Majeure’).
Compliance with Laws and Regulations:
You affirm that your use and interaction with us is in compliance with all applicable laws and regulations. You agree to indemnify and hold us harmless from any losses, including any legal fees, that result from your breach of any part of any applicable laws and regulations.
You agree to indemnify and hold harmless us and our team from and against any and all losses, expenses, damages, and costs, including without limitation reasonable legal fees, resulting, whether directly or indirectly, from your violation of our Terms and Conditions. You also agree to indemnify and hold harmless us and our team from and against any and all claims brought by third parties arising out of your use of our service, and the content you make available via our service, by any means, including without limitation through emailing, posting, linking, referencing content, or otherwise, whether by you or a third-party, using your login information and / or password, however obtained.
Subpoena and / or Witness Summons Costs:
If we are required to provide information in response to a subpoena and / or witness summons related to you or your account, then we may charge you for our costs. These costs may include the services of any legal representation, and time spent retrieving any required records, preparing documents, and participating in a deposition, etc.
Recovery of Damages, Costs, Expenses, and Legal Fees, etc:
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, any costs and expenses, including the reasonable fees of any legal representation incurred in connection with such action.
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