Terms and Conditions
TERMS & CONDITIONS
Last Updated on November 12, 2022
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS
OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR
PLACING AN ORDER OVER WWW.VENDWORKS.IO OR OTHER OF OUR SITES WHICH LINK TO
THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES
INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT
TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS
ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE
EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of www.VendWorks.io or other sites to which these Terms are linked
(each, a “Website”), owned and maintained by Castle Park Ventures LLC, Inc
d/b/a VendWorks(“VendWorks,” “we,” “our,” “us”), are governed by these Terms.
We offer the Website, including all information, tools, and services available
from the Website to you, the user, conditioned upon your acceptance of all
terms and conditions stated herein. By accessing, using, subscribing, or
placing an order over the Website, you and your business (including any sub
users you may have) agree to the terms and conditions set forth herein. If you
do not agree to these Terms in their entirety, you are not authorized to use
the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT
AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”)
BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND VENDWORKS. THIS AGREEMENT GOVERNS
YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY VENDWORKS,
ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD
OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR
SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A
COPY OF THIS AGREEMENT FOR YOUR RECORDS.
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the
Website, you are affirming that you are at least 18 years old or the legal age
of majority in your state or province of residence (whichever is greater),
operate a business, have the legal capacity to enter into a binding contract
with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by U.S. and international
copyright, trademark, and other intellectual property laws, including all
content, information, design elements, text material, logos, tag-lines, meta
tags, hashtags, photographic images, testimonials, personal stories, icons,
video and audio clips, and downloads. No material on the Website may be copied,
reproduced, distributed, republished, uploaded, displayed, posted, or
transmitted in any way whatsoever. The VendWorks trademark and logo are
proprietary marks of VendWorks, and the use of those marks is strictly
prohibited. Nothing herein gives you the right to use, copy, register as a
domain name, reproduce, or otherwise display any logo, tagline, trademark,
trade name, copyrighted material, patent, trade dress, trade secret, or confidential
information owned by VendWorks.
Subject to your continued strict compliance with these Terms, VendWorks provides
to you a revocable, limited, non-exclusive, royalty-free, non - sub-licensable,
non-transferable license to use the Website. You acknowledge and agree that you
do not acquire any ownership rights in any material protected by intellectual
property laws.
If you purchase a subscription to VendWorks software or services over the
Website, VendWorks provides to you a revocable, limited, non-exclusive, non -
sub-licensable, non-transferable license to use the software. You acknowledge
and agree that: (1) the software is copyrighted material under United States
and international copyright laws that is exclusively owned by VendWorks; (2)
you do not acquire any ownership rights in the software; (3) you may not
modify, publish, transmit, participate in the transfer or sale, or create
derivative works from the content of the software; (4) except as otherwise
expressly permitted under copyright law, you may not copy, redistribute, publish,
display or commercially exploit any material from the software without the
express written permission of VendWorks; and (5) in the event of any permitted
copying (e.g., from the Website to your computer system), no changes in or
deletion of author attribution, trademark, legend or copyright notice shall be
made.
You agree not to use or attempt to use the Website or any software provided
by VendWorks, whether alone, or in conjunction with other software or hardware,
in any unlawful manner or a manner harmful to VendWorks. You further agree not
to commit any harmful or unlawful act or attempt to commit any harmful or
unlawful act on or through the Website or through use of any software or
hardware including, but not limited to, refraining from:
HARMFUL OR PROHIBITED ACTS.
Any dishonest or unethical business practice; any violation of the law;
infliction of harm to VendWorks’ reputation; hacking and other digital or
physical attacks on the Website; scraping, crawling, downloading,
screen-grabbing, or otherwise copying content on the Website and/or
transmitting it in any way we haven’t specifically permitted; introducing,
transmitting, or storing viruses or other malicious code; interfering with the
security or operation of the Website; framing or mirroring the Website;
creating, benchmarking, or gathering intelligence for a competitive offering;
infringing another party’s intellectual property rights, including failing to
obtain permission to upload/transfer/display works of authorship; intercepting
or expropriating data; deceptive manipulation of media; and the violation of
the rights of VendWorks or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS.
We have zero tolerance for spam and unsolicited communications. Any
communications sent or authorized by you reasonably deemed “spamming,” or any
other unsolicited solicitations (including without limitation postings on
social media or third party blogs) will be deemed a material threat to VendWorks’
reputation and to the rights of third parties. It is your obligation,
exclusively, to ensure that all business communications comply with state and
local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS.
Any communication sent, posted, or authorized by you, including without
limitation postings on any website operated by you, or social media or blog,
which are: sexually explicit, obscene, vulgar, or pornographic; offensive,
profane, hateful, threatening, harmful, inciting, defamatory, libelous,
harassing, or discriminatory; misleading, false, or misinforming; graphically
violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION.
You will not import, or incorporate into, any contact lists or other content
you upload to any website, software, or other electronic service hosted,
provided by or connected to VendWorks, any of the following information: social
security numbers, national insurance numbers, credit card data, passwords,
security credentials, bank account numbers, or sensitive personal, health or
financial information of any kind.
ILLEGAL BUSINESS ACTIVITY.
Any promotion of illegal business activity, including without limitation
multi-level marketing (except in compliance with the FTC’s Business Guidance
Concerning Multi-Level Marketing, promoting the sale or use of illegal drugs
(including but not limited to Marijuana-derived CBD Oil); or infringing or
promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, VendWorks requires you to follow these best
practices when sending electronic communications:
Use only permission-based marketing electronic communications lists (i.e.,
lists in which each recipient affirmatively opted-in to receiving those
electronic communications).
Always include a working “unsubscribe” mechanism in each marketing
electronic communication that allows the recipient to opt out from your mailing
list (receipt/transactional messages that are exempt from “unsubscribe”
requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from your mailing
list within the earlier of ten (10) days of receipt of the request, or the
deadline under applicable law.
Maintain, publish, and comply with a privacy policy that meets all
applicable legal requirements, whether or not you control the sending of the
electronic communications.
Include in each electronic communication a link to your then-current privacy
policy applicable to that electronic communication.
Include in each electronic communication your valid physical mailing address
or a link to that information.
Do not send electronic communications to addresses obtained from purchased
or rented lists.
Do not use third party electronic addresses, domain names, or mail servers
without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses
(e.g.,
or
).
Do not engage in spamming.
Do not disguise the origin, or subject matter of, any electronic
communications or falsify or manipulate the originating message address,
subject line, header, or transmission path information for any electronic
communication.
Do not send offers to obtain or attempt to obtain personal information, or
generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic
messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or
scraped from the Internet.
Do not employ sending practices, or have overall message delivery rates,
which may cause harm to our services or other users of our services.
Do not send messages that may be considered junk mail. Some examples of
these types of messages include, but are not limited to, messaging related to
penny stocks, gambling, multi-level marketing (except in compliance with the
FTC’s Business Guidance Concerning Multi-Level Marketing), direct to consumer
pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full
compliance with all applicable laws, whether through the use of VendWorks or
otherwise.
SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR
PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public,
personal information. Your submission of personal information through the
Website is governed by our Privacy Statement and, if you and/or your end users
are located in the European Union or United Kingdom, our Data Processing
Addendum (“DPA”) as well. Our Privacy Statement may be viewed at
https://VendWorks.com/privacy-policy
.
VendWorks reserves the right to modify its Privacy Statement and DPA in its
reasonable discretion from time-to-time. Our Privacy Statement and DPA are
incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION
AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a VendWorks user, you will be required to create an account with VendWorks.
You warrant that the information you provide us is truthful and accurate, and
that you are not impersonating another person. You are responsible for
maintaining the confidentiality of any password you may use to access your VendWorks
user account, and you agree not to transfer your password or user name, or lend
or otherwise transfer your use of or access to your user account, to any third
party. You are also responsible for maintaining the confidentiality of
proprietary or non-public information we may share with you as a VendWorks
user, such as technical information, our pricing, our business strategy, and
data about other past or current VendWorks users or their customers.
So called “agency accounts,” or accounts in which you host funnels for third
parties, are prohibited. Should your usage data indicate, in VendWorks’ sole
and exclusive discretion, that you are operating an agency account, you will be
subject to cancellation of your VendWorks user account or enhanced pricing for
your VendWorks user account, at VendWorks’ sole and exclusive discretion. You
are fully responsible for all transactions with, and information conveyed to, VendWorks
under your user account. You agree to immediately notify VendWorks of any
unauthorized use of your password or user name or any other breach of security
related to your user account. You agree that VendWorks is not liable, and you
will hold VendWorks harmless, for any loss or damage arising from your failure
to comply with any of the foregoing obligations. Please see Section 21 below
for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before
your order is accepted. We may require additional information regarding your
order if any required information was missing or inaccurate, and may cancel or
limit an order any time after it has been placed. Your electronic order
confirmation, or any form of confirmation, does not signify our acceptance of
your order. You must contact us immediately at support@VendWorks.io in order to
modify or cancel your pending order. We cannot guarantee that we will be able
to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not
available, the expected availability date, and may offer you an alternative
product or service. If the availability of any product or service is delayed
and you do not wish to substitute the product or service, upon your request, we
will cancel your order and if previously charged, your payment card will be fully
refunded for that specific order. We reserve the right to limit the sales of
our products and services to any person, geographic region, or jurisdiction. We
may exercise this right on a case-by-case basis at our sole and exclusive
discretion.
Your purchase order of products and other services is conditioned on you
re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR DIGITAL PRODUCTS OR SUBSCRIPTIONS
There are no refunds on discounted offers, subscription or lifetime plans
and products delivered in electronic (digital) format. All sales are final. No
exceptions.
If you want to cancel a subscription you have with us, please login to your
account and under billing you can cancel your subscription with a click of a
button. You can also send an email to support@VendWorks.io
When you cancel a subscription with us, you will continue to receive your
subscription benefits until the end of the current billing period. You will not
receive a refund of any portion of the subscription fees you paid for the
current or prior billing periods.
Example: If we process cancellation of a monthly subscription on March 7th,
you will continue to receive the benefits of that subscription until March 31st
and there will not be a refund of any part of the March monthly subscription
fee. You will neither be billed for nor receive the benefits of the cancelled
subscription after March.
If you choose a multi-payment option for a single subscription period, when
you cancel a subscription during that period, you will continue to receive the
benefits of the subscription until the end of the period and must continue to
honor your agreement to make multiple payments for that subscription period.
Example: If we process cancellation of an annual subscription in May that
you agreed to pay for with quarterly payments (January 1st, April 1st, July
1st, and September 1st), you will continue to receive the benefits of that
subscription until the end of the year, there will not be a refund of any part
of the annual subscription fee already paid, and you must make the two
remaining quarterly payments (July 1st and September 1st). You will neither be
billed for nor receive the benefits of the cancelled subscription after the end
of the annual subscription period.
Do not wait until the end of a billing or subscription period to make a
subscription cancellation request because such requests are typically processed
within 2 to 3 business days after we receive them. As it takes longer for us to
receive postal mail than electronic mail, we recommend that you email your
request. Providing us with your account/subscription number (if you have one)
can also speed up the process of honoring your request.
We will confirm your subscription has been cancelled by either email or
postal mail.
SECTION 7 - TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
Where we offer you a free trial of VendWorks, such free trial will start
immediately after your registration and continue for the free trial offer
period as indicated on the Website at the time you register. Free trial
subscriptions are only available to new subscribers of VendWorks and for the
limited periods as set out on the Website. Previous subscribers or those
subscribers who have already benefited from a free trial subscription to VendWorks
do not qualify for a further free trial period.
VendWorks will email a reminder that your trial is ending at least 7 days
prior to you being charged. If you do not want to continue your subscription
after your free trial comes to an end, you must contact us at least 24 hours
before your free trial period ends by submitting a cancellation request to us
via our support email address support@VendWorks.io, or by cancelling your free
trial through your Account Dashboard, as detailed here. If you do not contact
us at least 24 hours before your free trial period ends to cancel, your
subscription will automatically continue and the payment card that you provided
at the time of enrollment online will be charged the full VendWorks monthly
membership subscription rate provided at the time of enrollment each month
until you cancel. VendWorks can change the monthly membership subscription rate
at any time. If the membership subscription rate changes after you subscribe,
we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your VendWorks subscription (including subscriptions
for services) at any time after a free trial or discounted period ends, you
must submit a cancellation request to us via our support email address support@VendWorks.io
or through your Account Dashboard, as detailed here. For monthly subscriptions
(including subscriptions for services), we require at least ten (10) days’
notice of cancellation by email. If you provide such notice less than ten (10)
days before the first day of your next subscription month, your credit card may
still be charged. You will not be entitled to prorate your last month’s use,
nor will you be entitled to any refund for any payments to VendWorks. VendWorks
in its sole discretion may charge a cancellation fee equal to the amount the
subscription was discounted.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A VendWorks user is responsible for paying all sums due to VendWorks in
connection with their monthly subscription in accordance with these Terms. The
first fee payable in accordance with these Terms is due when the user account
is set up and payment of the monthly fee is a condition of access, or after
your free trial ends and you have not canceled the automatic subscription with
us. Every calendar month, your account will be charged the subscription fee
plus applicable tax for the following month’s subscription, together with any
other fees for the following month’s subscription plus any accumulated charges
for the past period (collectively, “Fees”). Failure by the VendWorks user to
use any of the services available through the service provided by VendWorks
does not relieve the VendWorks user of their payment obligations under these
Terms.
Potential users can pay by credit card or debit card. Payment details shall
be collected by us through our secure financial data collection mechanism. You
acknowledge and agree that we hold data relating to the transaction, including
the last four digits and the expiration date of the card used to purchase the
products or services together with details on when payment is due. You further
acknowledge and agree that payments are due on a recurring basis in accordance
with the payment terms for the specific service purchased (unless the
subscription is cancelled in accordance with these Terms) and therefore
authorize the automatic payment collection terms applicable to that specific
service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A VENDWORKS USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE
PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT
METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR
DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU
PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR
SUBSCRIPTION TO VendWorks, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY
EMAILING SUPPORT@VendWorks.io AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF
YOUR NEXT SUBSCRIPTION MONTH.
VendWorks reserves the right to immediately terminate a user’s account
and/or service for any unpaid (in whole or part) period of the subscription
(with or without notice). Termination of service in no way relieves or excuses
the user from any obligation to pay outstanding charges or expenses. In the
event VendWorks starts collection processes of any type, you will be liable for
all collection costs, including legal fees and expenses, as provided in Section
20 below.
In addition to any Fees, VendWorks may also charge applicable value added or
other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you
a physical product, we reserve the right to add applicable shipping and
handling fees to your order. Unless otherwise stated, we will use commercially
reasonable efforts to fulfill your order within a reasonable time after receipt
of your properly completed and verified order. Accurate shipping address and
phone number information is required. Although we may provide delivery or
shipment timeframes or dates, such dates are good-faith estimates and are
subject to change. If your order will be delayed, we will contact you at the
email address you provided when placing your order. If we are unable to contact
you or you would like to cancel your order, we will cancel the order and refund
the full amount charged. We shall not be liable for any loss, damage, cost, or
expense related to any delay in shipment or delivery caused by any third party
carrier or other delivery service not owned or controlled by us. The risk of
loss and title for such items pass to you upon our delivery to any third party
carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL,
but are subject to change: https://www.VendWorks.io/pricing.
Price changes are effective on the first day of the month after the price
change is posted. By accessing, using, subscribing or placing an order over the
Website, you authorize VendWorks to charge your account in the amount indicated
for the value of the services you select, including any future price changes.
If you request a downgrade in services, the downgrade (and corresponding price
reduction) will become effective on the first day of the month following your
requested downgrade. By your continued use of VendWorks services, and unless
you terminate your subscription as provided herein, you agree that VendWorks
may charge your credit card monthly for the products and services you have
selected, and you consent to any price changes for such services after email notice
has been provided to you.
VendWorks takes reasonable steps in an effort to ensure that the prices set
forth on the Website are correct, and to accurately describe and display the
items available on the Website. If the correct price of our product is higher
than its stated price, we will, at our discretion, either contact you for
instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that VendWorks does not
warrant that product or service descriptions are accurate, complete, current,
or error-free, or that packaging will match the actual product that you
receive. All sales are deemed final except as provided in Section 6 of these
Terms. VendWorks’ descriptions of, or references to, products or services not
owned by VendWorks are not intended to imply endorsement of that product or
service, or constitute a warranty by VendWorks.
SECTION 11 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Every online business is different, employing different strategic approaches
and organizational structures, and offering different products and services.
Therefore, individual results will vary from user to user. YOUR BUSINESS’
INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR
BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND
PRODUCT AND SERVICE OFFERINGS.
VendWorks does not promise, guarantee, or warrant your business’ success,
income, or sales. You understand and acknowledge that VendWorks will not at any
time provide sales leads or referrals to you or your business. Those businesses
who purchase our products or services will receive access to software and tools
to create Internet sales funnels and otherwise assist with their respective
online offerings. However, we do not guarantee your business’ success and based
upon many market factors that we cannot control, the software and tools we
provide may or may not be applicable to your specific business. Further, we do
not make earnings claims, efforts claims, return on investment claims, or
claims that our software, tools, or other offerings will make your business any
specific amount of money, and it is possible that you will not earn your
investment back. We do not sell a business opportunity, “get rich quick”
program, guaranteed system, franchise system, or a business in a box. You
should not purchase our products or services if that is your expectation.
Instead, you should purchase with the understanding that using the information
and software purchased will take time and effort and may be applicable in some
situations but not others. Also, we do not offer any tax, accounting,
financial, or legal advice. You should consult your business’ accountant,
attorney, or financial advisor for advice on these topics.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing and
you agree that there are no prior or pending government investigations or
prosecutions against you or your business. You also agree that you and your
business will only use VendWorks’ products and services for lawful purposes and
that you shall not use such products or services, whether alone or in
connection with other software, hardware, or services, for any unlawful or
harmful purpose. You are solely and exclusively responsible for complying with
any and all applicable laws and regulations in running your business,
including, but not limited to, all laws governing advertising and marketing
claims, subscriptions, refunds, premium offers, tax laws, and all additional
laws applicable to your business. You agree to notify VendWorks if any
investigation or lawsuit is threatened or filed against you, whereupon VendWorks
shall have the right to terminate this Agreement without liability. VendWorks
shall have no liability for your violation of any laws. You are solely and
exclusively responsible for collecting and reporting any and all sales and use
tax, and any other taxes, which may apply to sales of products or services by
your business including, but not limited to, taxes which may apply to voluntary
donations provided by your customers (as described in Section 13 below). VendWorks
shall not be responsible to collect or report any taxes which may apply to your
business or sales of products or services by your business. You agree to
indemnify VendWorks as set out in Section 21 below in the event that you and/or
your business violates any law and a claim is threatened or asserted against VendWorks
as a result.
SECTION 13 – OPTIONAL ORDER “ROUND UPS” FOR CHARITABLE DONATIONS AND
POTENTIAL TAX IMPLICATIONS
VendWorks, in its sole and exclusive discretion, may provide an opportunity
for you and customers of your online business to voluntarily “round up”
purchases at checkout by various dollar amounts, such as one, three, five, or
ten dollars, to be donated to Village Impact and/or Operation Underground
Railroad, charitable organizations under Canadian and United States law,
respectively, that are tax-exempt under Section 149 of the Canadian Income Tax
Act and Section 501(c)(3) of the Internal Revenue Code of 1986, as amended
(each, individually, “Charity”). You agree that such “round up” donation
amounts shall not be charged as a separate charge to your customer, but shall
be included in a single charge for the total purchase price charged to your
customer. VendWorks agrees to keep any “round up” donations in a separate,
non-interest bearing account pending contribution of such amounts to the
Charity. Any amounts constituting “round up” donations shall be irreversibly
transferred to VendWorks, as agent and nominee for the Charity. You understand
and agree that neither you nor your customers shall be entitled to any refund
of any “round up” donations, regardless of whether a customer returns any or
all items purchased from your online business. You understand and agree that
such donations may be subject to sales tax, and that it is your sole and
exclusive responsibility to collect and report such tax for sales to your
customers. You further understand and agree that “round up” donations may not
be tax deductible by you or your customers. You understand and agree that VendWorks
is acting as nominee and agent of the Charity with regards to any “round up”
donations and, pursuant thereto, VendWorks shall transfer such amounts to the
Charity as soon as practicable, but in no event later than sixty (60) days
after receipt of each donation.
SECTION 14 – COMMISSIONS PROGRAM AND INDEPENDENT VENDWORKS AFFILIATE PROGRAM
If you are a VendWorks user who signs up as an affiliate partner at https://affiliates.VendWorks.io,
you will have the opportunity to receive a commission when another person (a
“Prospect”) starts a VendWorks paid account by using your Affiliate Link. After
the fourteen (14) day trial period expires, the Prospect makes payment, and a
“Sale” is registered (each such account is a “Sold Account.”)
The amount of the Commission currently starts at twenty five percent (25%).
Once a Commission of $100 (USD) or more is earned, you will need to register
with our third-party payment provider to receive payment. This means you will
be authorizing third party companies to contact you. Before you can be paid,
you must provide certain information (such as, but not necessarily limited to a
completed W-8 or W-9). If you do not complete the requisite information within
one hundred and twenty (120) days of earning, your Commission, you will be
deemed to have permanently waived all rights to the Commission.
If you are not a resident of the United States, taxes (including without
limitation VAT) may be withheld where required by applicable law. You are
solely responsible for complying with all tax laws in your respective
jurisdiction(s) including, but not limited to, the payment of all required
taxes to, and filing of all returns and other required documents with, the
applicable governing body(ies).
VendWorks may offer you an opportunity to become an independent VendWorks
affiliate (“Affiliate”), wherein you have the opportunity to earn additional
money for VendWorks accounts that you sell to other users subject to your
acceptance of the terms of the VendWorks Affiliate agreement (the “Affiliate
Agreement”). VendWorks reserves the sole and exclusive right to determine the
amount of remuneration each Affiliate will receive in exchange for the
Affiliate’s efforts. Affiliate commission is further discussed in the Affiliate
Agreement. For avoidance of doubt, Affiliates are independent contractors and
are not employees or agents of VendWorks. Affiliates have no authority to act
on behalf of or bind VendWorks. Affiliates shall be solely and exclusively
responsible for all costs and other expenses incurred. Sections 18 and 20 below
– in their entirety (as well as all other terms in this Agreement) – apply to
Affiliates, and further govern the relationship between VendWorks and each
Affiliate.
For avoidance of doubt, all Sections of these Terms apply to you in your
role as an Affiliate, unless expressly provided otherwise.
SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
VendWorks is pleased to hear from users and customers and welcomes your
comments regarding our services and products. VendWorks may use testimonials
and/or product reviews in whole or in part together with the name, city, and
state of the person submitting it. Testimonials may be used for any form of
activity relating to VendWorks’ services or products, in printed and online
media, as VendWorks determines in its sole and exclusive discretion.
Testimonials represent the unique experience of the participants and customers
submitting the testimonial, and do not necessarily reflect the experience that
you and your business may have using our services or products. As set forth
above in Section 11, your business’ results will vary depending upon a variety
of factors unique to your business and market forces beyond VendWorks’ control.
Note that testimonials, photographs, and other information that you provide to
us will be treated as non-confidential and nonproprietary, and, by providing
them, you grant VendWorks a royalty-free, worldwide, perpetual, non-exclusive
and irrevocable license to use them.
Additionally, VendWorks reserves the right to correct grammatical and typing
errors, to shorten testimonials prior to publication or use, and to review all
testimonials prior to publication or use. VendWorks shall be under no
obligation to use any, or any part of, any testimonial or product review
submitted.
SECTION 16 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST
HARASSMENT AND INTERFERENCE WITH OTHERS
As a VendWorks user and/or Affiliate, whether or not you display the VendWorks
Badge, you must comply with all laws, both U.S. and foreign, including, but not
limited to, laws prohibiting deceptive and misleading advertising and
marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C.
§ 7701)), telemarketing laws (including the federal Telephone Consumer
Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s
Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials
(including the Federal Trade Commission’s Revised Endorsements and Testimonials
Guides (16 CFR Part 255)), and/or any similar laws, laws relating to
intellectual property, privacy, security, terrorism, corruption, child
protection, or import/export laws. You are solely responsible for ensuring
their compliance with all applicable laws, rules, regulations, and court orders
of any kind of any jurisdiction applicable to you and your business, and any
recipient to whom you send digital messages using our products or services. You
have the responsibility to be aware of, understand, and comply with all
applicable laws and ensure that you and all users of your account comply with
such applicable laws at all times.
If you use any messaging software, including any VendWorks-provided
messaging software now existing or which may in the future be created, or any
other messaging system or other software or hardware provided by you or a
third-party, you agree that you will follow all applicable laws with respect to
sending messages, including without limitation the federal Telephone Consumer
Protection Act. You further agree to indemnify and defend VendWorks from any
claims, damages, losses, and lawsuits of any kind or nature that may be made or
brought against VendWorks relating in any way to your violation of law or
third-party rights by use or misuse of any messaging software or hardware,
whether or not provided by VendWorks. You further understand and agree that VendWorks
has no control over, and therefore cannot be responsible for, the functionality
or failures of any third party software, including without limitation Facebook,
Facebook Messenger, and internet browser notifications. VENDWORKS DOES NOT
WARRANT THAT ANY VENDWORKS MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD
PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY
AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
SECTION 17 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND
ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE
USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM
OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY
OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F)
THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 18 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL VENDWORKS
OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT
CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER
DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT
INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A
THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR
PRODUCT, REGARDLESS OF WHETHER VENDWORKS HAS HAD NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY
LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS
OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL VENDWORKS’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE
AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO VENDWORKS FOR THE MONTH
PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST VENDWORKS
OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.
SECTION 19 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS
ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR
BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE
THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE
RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE
AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU
AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER
ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION
AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE
SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF
OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact
us at compliance@VendWorks.io to attempt to resolve the dispute or controversy
informally. Any controversy or claim arising out of or related to the use of
the Website, any product, service, or software, these Terms, the Privacy
Statement, the DPA, the Affiliate Agreement, or your relationship with us that
cannot be resolved through such informal process or through negotiation within
one hundred and twenty (120) days shall be resolved by binding, confidential
arbitration administered by the American Arbitration Association (“AAA”), and
judgment on the award rendered may be entered in any court having jurisdiction
thereof. We agree that any claim we may have against you or your business will
also be subject to this arbitration provision, except as provided in Sections
20 and 21 below. The arbitration will be conducted by a single neutral
arbitrator in the English language in Ada County, Idaho, unless we both agree
to conduct the arbitration by telephone or written submissions. The arbitrator
shall be selected by agreement of the parties or, if the parties cannot agree,
chosen in accordance with Rules of the AAA. The arbitration will be conducted
in accordance with the provisions of the AAA’s Commercial Arbitration Rules and
Procedures, in effect at the time of submission of the demand for arbitration.
The AAA’s Rules are available at
or by calling
1-800-778-7879.
The arbitrator shall have the exclusive and sole authority to resolve any
dispute relating to the interpretation, construction, validity, applicability,
or enforceability of these Terms, the Privacy Statement, the DPA, this
arbitration provision, and any other terms incorporated by reference into these
Terms. The arbitrator shall have the exclusive and sole authority to determine
whether any dispute is arbitrable. The arbitrator shall have the exclusive and
sole authority to determine whether this arbitration agreement can be enforced
against a non-signatory to this agreement and whether a non-signatory to this
agreement can enforce this provision against you or VendWorks.
Payment of all filing, administration, and arbitrator fees will be governed
by the AAA’s Rules. In all other respects, the parties shall each pay their own
additional fees, costs, and expenses, including, but not limited to, those for
any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Nevada
without regard to its conflicts of laws principles. Any award rendered shall
include a confidential written opinion and shall be final, subject to appeal
under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on
the award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
You and VendWorks agree that disputes will only be arbitrated on an
individual basis and shall not be consolidated, on a class wide, representative
basis, or with any other arbitration(s) or other proceedings that involve any
claim or controversy of any other party. You and VendWorks expressly waive any
right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection
with any particular claim will not constitute a waiver of any rights to require
arbitration at a later time or in connection with any other claims except that
all claims must be brought within 1 year after the claim arises (the 1 year
period includes the one hundred and twenty (120) day informal resolution
procedures described above).
This arbitration provision sets forth the terms and conditions of our
agreement to final and binding confidential arbitration and is governed by and
enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with VendWorks,
bankruptcy, assignment, or transfer. If the class action waiver is deemed
unenforceable (i.e., unenforceability would allow arbitration to proceed as a
class or representative action), then this entire arbitration provision shall
be rendered null and void and shall not apply. If a portion of this arbitration
provision (other than the class action waiver) is deemed unenforceable, the
remaining portions of this arbitration provision shall remain in full force and
effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE
THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A
CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY
CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 20 – VENDWORKS ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to VendWorks, in the event
of any breach or threatened breach by you of the provisions of this Agreement
or any infringement or threatened infringement by you of the intellectual
property of VendWorks or a third-party, VendWorks shall be entitled to seek a
temporary restraining order and preliminary and permanent injunctions or other
equitable relief from a court of competent jurisdiction located in Ada County,
Idaho restraining such breach, threatened breach, infringement, or threatened
infringement. Nothing in this Agreement shall be construed as prohibiting VendWorks
from pursuing in court any other remedies available to it for such breach,
threatened breach, infringement, or threatened infringement, including the
recovery of monetary damages from you and your business. You and your business
hereby irrevocably consent to the exclusive personal jurisdiction of, and
exclusive venue in, the courts of Ada County, Idaho for all such claims, and
forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 21 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and
hold harmless VendWorks, its directors, officers, employees, shareholders,
licensors, independent contractors, subcontractors, suppliers, affiliates,
parent companies, subsidiaries, and agents from and against any and all claims,
actions, loss, liabilities, damages, expenses, demands, and costs of any kind,
including, but not limited to attorneys’ fees and costs of any litigation or
other dispute resolution, arising out of, resulting from, or in any way
connected with or related to (1) your use, misuse, or attempt to use the
Website, software, products, or services, (2) information you submit or
transmit through the Website, (3) your breach of these Terms, the documents
they incorporate by reference, the Agreement, or the representations and
warranties provided by you in this Agreement, or (4) your violation of any law
or the rights of a third-party.
SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringes
any copyright you own, you or your agent may send VendWorks a notice requesting
that VendWorks remove the materials or content from the Website. If you believe
that someone has wrongly filed a notice of copyright infringement against you,
you may send VendWorks a counter-notice. Notices and counter-notices should be
sent to VendWorks, Attention Legal Department, 20-22 Wenlock Road, London,
GB-ENG, N1 7GU, or by e-mail to compliance@VendWorks.io. These Terms fully
incorporate by reference the DMCA Policy.
SECTION 23 – THIRD-PARTY LINKS
The Website may contain links to other websites. VendWorks assumes no
responsibility for the content or functionality of any non-VendWorks website to
which we provide a link. Please see our Privacy Statement for more details.
SECTION 24 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you
click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”,
“PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit
information through the Website, respond to a request for information, begin
installing, accessing, or using the Website, complete a purchase, select a
method of payment, and/or enter in payment method information, whichever is
earliest. If, in our sole discretion, you fail, or we suspect that you have
failed, to comply with any term or provision of the Agreement or violated any
law, whether in connection with your use of VendWorks or otherwise, we may
terminate the Agreement or suspend your access to the Website at any time
without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of
this Agreement, as well as any representations, warranties, and other
obligations made or undertaken by you, shall survive the termination of this
Agreement and/or your account or relationship with VendWorks. Upon termination,
you remain responsible for any outstanding payments to VendWorks.
SECTION 25 – NO WAIVER
No failure or delay on the part of VendWorks in exercising any right, power
or remedy under this Agreement may operate as a waiver, nor may any single or
partial exercise of any such right, power, or remedy preclude any other or
further exercise of such right, power, or remedy, or the exercise of any other
rights, power, or remedy under this Agreement. A waiver of any right or
obligation under this Agreement shall only be effective if in writing and
signed by VendWorks.
SECTION 26 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related
to this Agreement or your access to or use of the Website, our Privacy
Statement or DPA, or any matter concerning VendWorks, including your purchase
and use or attempted use of any service or product, shall be governed
exclusively by the laws of State of Idaho without regard to its conflicts of
laws principles. To the extent that any claim or dispute is found by the
arbitrator or (if proper) a court of competent jurisdiction to be excluded from
the arbitration agreement in Section 19 above, the parties agree any such claim
or dispute shall be exclusively brought in and decided by the state or federal
courts located in Ada County, Idaho, and you hereby irrevocably consent to the
exclusive personal jurisdiction of, and exclusive venue in, such courts, and
forever waive any challenge to said courts’ exclusive jurisdiction or venue.
All such claims must be brought on an individual and non-class,
non-representative basis, and you forever waive any right to bring such claims
on a class wide or representative basis.
SECTION 27 – FORCE MAJEURE
VendWorks will not be responsible to you for any delay, damage, or failure
caused or occasioned by any act of nature or other causes beyond our reasonable
control.
SECTION 28 – ASSIGNMENT
VendWorks may assign its rights under this Agreement at any time, without
notice to you. Your rights arising under this Agreement cannot be assigned
without VendWorks’ (or its assigns’) express written consent.
SECTION 29 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic
communication. When you communicate with VendWorks through or on the Website or
via other forms of electronic media, such as e-mail, you are communicating with
the company electronically. You agree that we may communicate electronically
with you and that such communications, as well as notices, disclosures,
agreements, and other communications that we provide to you electronically, are
equivalent to communications in writing and shall have the same force and
effect as if they were in writing and signed by the party sending the
communication.
SECTION 30 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://www.VendWorks.io/terms-and-conditions.
We reserve the right, at our sole discretion, to update, change or replace any
part of the Agreement, including the Privacy Statement or DPA by posting
updates and changes to our Website. It is your responsibility to check our
Website periodically for changes. Your continued use of or access to our
Website following the posting of any changes to the Agreement constitutes acceptance
of those changes.
SECTION 31 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen
(18) years of age, or the legal age of majority in your jurisdiction, whichever
is greater; (2) that you own, operate, and/or have the right to bind the
business for which you are using the Website; (3) have read this Agreement and
thoroughly understand and agree to the terms contained in this Agreement; and
(4) that you will not resell, re-distribute, or export any product or service
that you order from the Website. You further represent that VendWorks has the
right to rely upon all information provided to VendWorks by you, and VendWorks
may contact you, your business, and any subaccounts you create by email,
telephone, or postal mail for any purpose, including but not limited to (i)
follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any
orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending
government investigations or inquiries of, or prosecutions against you, or any
business related to you, by the Federal Trade Commission, any other federal or
state governmental agency, or any industry regulatory authority, anywhere in
the world, nor any prior or pending private lawsuits against you. If at any
time during the life of the Agreement you, or any business related to you,
becomes the subject of a government investigation, inquiry, or prosecution by
the Federal Trade Commission, any other federal or state governmental agency,
or any industry regulatory authority anywhere in the world, or the subject of
any lawsuit, you will notify VendWorks of the same within twenty-four (24)
hours. VendWorks, at its sole discretion, may terminate the Agreement based on
any investigation, proceeding, or lawsuit identified pursuant to this paragraph
or otherwise discovered by VendWorks without incurring any obligation or
liability to you.
SECTION 32 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper)
a court of competent jurisdiction to be invalid or unenforceable, the remaining
provisions shall not be affected thereby and shall continue in full force and
effect and such provision may be modified or severed from this Agreement to the
extent necessary to make such provision enforceable and consistent with the
remainder of the Agreement.
SECTION 33 – ENTIRE AGREEMENT
These Terms, the Privacy Statement and DPA, and any policies or operating
rules posted by us on the Website or in respect to the Website constitutes the
entire agreement and understanding between you and your business and VendWorks
and governs your access to and use of the Website and your ordering,
purchasing, and use and/or attempted use of any service or product, and
supersedes and replaces any prior or contemporaneous agreements,
representations, communications, and proposals, whether oral or written,
between you and VendWorks. We may also, in the future, offer new services
and/or features through the Website. Such new features and/or services shall
also be subject to this Agreement, and any policies or operating rules posted
by us on the Website. Any ambiguities in the interpretation of these Terms or
the Agreement shall not be construed against the drafting party.
SECTION 34 – CONTACTING US
We encourage our customers to contact us with questions or comments about
our products and services. Please feel free to do so by sending an email to support@VendWorks.io.
If you have any questions or inquiries concerning these Terms, you may
contact VendWorks by email at compliance@VendWorks.io, or by regular mail at
20-22 Wenlock Road, London, GB-ENG, N1 7GU.
For additional inquiries, please feel free to send an email to the relevant
address listed below.
Compliance: compliance@VendWorks.io
Spam or Abuse: abuse@VendWorks.io
Affiliates: affiliates@VendWorks.io
For General Support and Inquiries: help.VendWorks.io
Notices to you may be made by posting a notice (or a link to a notice) on https://www.VendWorks.io/terms-and-conditions
and such other sites we own and control, by email, or by regular mail, at VendWorks’
discretion.
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