PromoNav Terms of Service
Last Updated May 29th 2020
Please read these Terms of Service (“Terms”) carefully. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.
- Service and Website. promoNav (referred to, as applicable, as “promoNav”, the “Service”, “we” or “us”) provides promotional search data intended to assist merchants selling in online retailers. PromoNav is owned and operated by e.fundamentals (International) Ltd, a UK registered company.
- Customer. As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this agreement (or “you”). You represent that you have full power, capacity and authority to accept these Terms on behalf of yourself or your employer.
- Account Requirements. To set up an account and use the Service you must:
- Be 18 years of age, or the age of majority in your province, territory or country, to become a Member. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
- Provide your legal full name, valid email address, and any other information we request to complete your account-signup process.
- Personally and manually create your account without using any automated means, except for any auto-complete feature offered by your internet service provider. A third party may not create an account for you and you must not allow any third party to use your information to create an account.
- Account Ownership. The member who created the account (the “Account Owner”) has access to and control over the account and is responsible for any activity that occurs through the account. Account owners are not allowed to share their account, log-in or any other access related credentials with any other party unless explicitly stated otherwise in the details related to the specific plan they purchased. Absent an explicit multi-user authorization, all accounts are intended for single-use only. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you and/or promoNav. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage from your failure to comply with this security obligation.
Disclaimers of Warranties and Limitations on Liability
Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, PROMONAV OFFERS THE WEBSITE AND SERVICE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PROMONAV DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN PARTICULAR, PROMONAV MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED THROUGH THE SERVICE, REGARDLESS OF THE SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PROMONAV DISCLAIMS ALL LIABILITY FOR ANY INACCURACY, ERROR, OR INCOMPLETENESS IN THE SERVICE.
Limitation of Liability.
EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL PROMONAV, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICE, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF PROMONAV TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Results Not Guaranteed.
promoNav makes no guarantee or representation of any kind concerning the results of your use of the Website or Service. Any testimonials or examples displayed or depicted through promoNav’s Website, programs, and/or the Service are only examples of what may be possible.
Third Party Resources.
The Website and the Service may contain links to third party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or other resources. Links to such websites or resources are provided only as a convenience to you and do not imply any endorsement by or affiliation with promoNav. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third party websites or resources.
Security, Storage, & Retention
Security. The privacy and protection of your data is of the utmost importance to us. We take all reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personal Data. Although we use multiple and various security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot 100% guarantee the security of information transmitted to us over the Internet.
Storage. The Personal Data that you provide to us is generally stored on servers located in the EU. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Service, it will be transferred to our servers in the EU and fall under the remit of the GDPR.
Retention. We will retain your information for as long as needed to provide you with our service. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at promoNav@efundamentals.com. We will retain only that information necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Intellectual Property. The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by promoNav and are protected by UK and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property.
Customer Data. “Customer Data” means information, data, and other content, in any form or medium, including your personal information, that is submitted, posted, or otherwise transmitted by you, or a third party on your behalf, through the Service. As between you and PromoNav, you own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. You hereby grant PromoNav a non- exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for promoNav to provide the Service and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the Customer Data for analytics purposes. promoNav will only use your personal information for the purpose of providing you the Service.
International Users. The Service is controlled, operated and administered by promoNav from our offices within the UK. If you access the Service from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Compliance with Law. You represent and warrant that your use and interaction with promoNav and its Service is in compliance with all laws of that country from which you accessed the service.
Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
Severability. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect. Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
Headings. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms 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.
Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the United Kingdom without regard to its conflict of laws rules, or international law or convention.
Notice. All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at:
PromoNav @ efundamentals
83 Princes St, Floor 4,
Edinburgh, EH2 2ER
Electronic Communications. When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.