Made2Pay, located at Montenaken 13, 4651 JJ, Steenbergen, the Netherlands (hereinafter also referred to as "We" or "Made2Pay") is a provider of a sales/checkout registration application with related services. These general terms and conditions of Made2Pay ("the General Conditions") apply to the use of the Made2Pay application downloadable on a tablet or mobile phone (the "App"), the Made2Pay website www.made2pay.com (the "Website") and to the provision of services and products by Made2Pay through the App or the Website (the "Services or Products"). By using the App and the Website and/or ordering Services or Products, You (or the "User") agree to these Terms and Conditions.
Made2Pay reserves the right to amend these General Terms and Conditions, the App, the Website and/or the available Services or Products at any time. The most recent version of the General Terms and Conditions is available in the App and on the Website at all times. You are responsible for regularly reviewing the General Terms and Conditions and keeping up to date with any changes. Any changes to the App and the Website, including new features, new Services or Products, are subject to these Terms and Conditions. By continuing to use the App, the Website and/or by re-ordering Services or Products following any changes to the Terms and Conditions, the App, the Website and/or the Services or Products, You agree to such changes.
Each account is intended for a single User. Sharing an account by multiple Users is prohibited. You may not create an account under a name other than your own name or trade name used for your services and You shall not create an account for someone else without their consent. You are solely responsible for maintaining the confidentiality of your access code and will not allow third parties to access the App and the Services through your account. You are yourself responsible and liable for all activities that take place in your account, even if this is done by third parties without your permission.
Made2pay reserves the right not to allow any person or company to access the App and Services for any reason.
C) Use App
Subject to Your compliance with provisions of these Terms and Conditions, Made2Pay grants You a limited, personal, non-exclusive, non-sublicensable and non-transferable licence to download and install the App on Your tablet or mobile phone and use the App for lawful, authorised and permissible purposes.
You must use the App in accordance with these Terms and Conditions and applicable law. Made2Pay reserves the right to exclude you from any further use of the App and deny access to your account if, in Made2pay's opinion, you in any way breach these General Terms and Conditions and/or make actual or suspected unauthorised use of the App, without prejudice to Made2Pay's right to take further legal action and claim damages.
Made2pay may, inter alia -but not limited to- take one or more of the following actions (whether or not after prior warning):
- Suspension and/or termination of the account/agreement;
D) Disclaimer and Liability
Made2Pay will use reasonable efforts to keep the App and the Website available for use as well as properly secured, however, the App, the Website and Services are provided "AS IS" and "AS AVAILABLE". The use of the App and the Website is therefore entirely at your own expense and risk.
Made2Pay cannot guarantee that (i) the App and the Services or Products will meet specific needs of any particular User, (ii) the App, the Website and the Services or Products will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from use of the App, the Website and the Service or Products will be accurate complete and reliable, (iv) the quality of Services or Products provided to You by Made2pay or any other information or other material provided to You through the App or the Website will meet Your expectations, and (v) any errors or defects in the App, the Website and the Services or Products will be corrected.
The User understands and agrees that Made2Pay shall not be liable for any direct, indirect, special, consequential or incidental damages, including but not limited to lost profits/turnover, loss of data or other intangible losses (even if Made2Pay has been warned of the possibility of such damages), resulting from the use of the App, the Website and/or the Services. Should the above limitation of liability not be tenable under applicable law, Made2Pay's liability shall be limited to direct damages with a maximum of the fee paid by the User to Made2Pay in the twelve (12) months preceding the damage incident.
If You order Services or Products from third parties via the App or the Website, the standard manufacturer's warranty applies to these products.
In case You decide to use third party services (e.g. backup services or payment transaction services) in conjunction with the App or the Services or Products, the terms and policies of those third parties shall apply to the use of those services.
E) Payment of Fee
The fee for the use of the App shall be paid monthly or annually in advance depending on the chosen package. At the end of the agreed term, the agreement for use will be automatically renewed each time for the same period and the corresponding fee will be automatically collected by Made2Pay, unless no later than ten (10) working days before the end of the term the User has cancelled the agreement via the Website.
Fees of Services or Products through the App and Website must be paid upon ordering.
All applicable fees for the App and the Services or Products are in EURO and exclusive of sales tax. You are responsible for all subscription and other fees and taxes associated with the use of the App and the Services or Products.
During an agreed trial period, use of the App is free of charge. Upon expiry of the trial period, the trial subscription will automatically expire and not all functionalities in the App will be available unless You enter into a paying agreement with Made2pay through Your account in a timely manner.
No refund or credit will be given for temporary non-use of the App, (early) termination of the agreement, cancellation or deletion of Your account or deletion of the App from Your tablet or mobile phone.
Made2Pay is entitled to increase the fees for use of the App at any time. Fees for Services or Products may be adjusted at any time. The applicable fees can be found on the Website at all times.
F) Termination and cancellation
The User is solely responsible for properly terminating his/her agreement and/or cancelling his/her account. Termination of the agreement and cancellation of the account can be done at any time via the Website. If You do not terminate the agreement in time (no later than ten (10) days before the end of the agreed term), the term will be automatically extended and Made2Pay is entitled to collect the corresponding fee.
After You have terminated the agreement for use of the App, You will have limited use of the App. You will retain access to Your data but will no longer be able to use the App for which the App is actually intended, i.e. checkout/registration system.
If you delete Your account, We will delete all data and information about You, to the extent not required to be kept under applicable regulations. Made2pay advises the User to regularly back up the information and data in the App in order to prevent loss of data.
Made2pay has the right at any time to suspend the agreement or terminate a User's account and refuse all current and future use of the App and provision of the Services or Products for any reason. Termination of the agreement may result in the deactivation or blocking of the User's account.
As part of its services, Made2Pay will correct defects and malfunctions and make improvements to the App and Services with the aim of maximising User satisfaction. Unfortunately, this may result in temporary interruptions in which case Made2Pay will not owe any responsibility to the User or third parties and Made2Pay will not be liable for any damages resulting or resulting from temporary interruption.
Technical support is provided via: email@example.com.
H) Intellectual property rights
All intellectual property rights in the App, the Website and the Services or Products are and will remain the exclusive property of Made2Pay or its suppliers. Nothing in these Terms and Conditions is intended to transfer these intellectual property rights. You have the limited right to use the App, the Website and Services or Products as provided in these Terms and Conditions.
You will not take any action that undermines, or restricts, these intellectual property rights. You accept that any unauthorised use of these intellectual property rights is a violation of these General Terms and Conditions and intellectual property laws and regulations.
You will not duplicate, copy, reproduce, distribute, sell, reuse or transform the App, Website, Services or Products (or any parts thereof) in any way without Made2pay's express written consent.
You shall not remove, obscure or alter any notices or indications of intellectual property rights.
Made2pay does not claim any intellectual property rights in any content, material, information and data of the User in the App and account.
These General Terms and Conditions are governed by Dutch law.
There is a Dutch and English version of these General Terms and Conditions. In case of interpretation problems, the Dutch version will prevail.
The App, the Website and the Services or Products are offered and provided by Made2Pay from the Netherlands. Made2Pay cannot guarantee that the App, Website, Services or Products are suitable for use in other geographical locations and jurisdictions. Anyone wishing to use the App, Website, Services or Products in another jurisdiction does so at their own risk and is independently responsible for compliance with applicable local laws.
If You have any questions about these Terms and Conditions please contact the support team at firstname.lastname@example.org.
Version March 2020