These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services through our application PowerBell. The terms “PowerBell,” “us” or “we” refers to the PowerBell service, the term “you” refers to the user of the Product. The Product or Products refers to the PowerBell app. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the the Products. By using the PowerBell app you agree to these Terms.
PowerBell reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to powerbell.app. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
PowerBell reserves the right to change options or features - including Premium Features - in the Apps. In most cases PowerBell makes changes to the Apps to enhance or improve them. Insofar as the changes will not have a material adverse effect on your use of the App, PowerBell will not refund previously paid amounts.
2.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorised manner.
2.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
2.3 By breaching the provisions of this section 3, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
(1) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorised use of the Products.
(2) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. PowerBell will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
(1) PowerBell reserves the right to alternate, modify, remove, add new content to the practice's catalogue without prior notice.
(1) The purchase of the app entitles you to access and use of the practices in the catalogue but does not grant you the right to have access to them outside the scope of the app.
4.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at feedback@powerbell.app and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time. We will not be liable if the product does not function as advertised or as the user might expect.
4.2 Your access to the Product may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Product as soon as we reasonably can.
4.2 In the case of the product being discontinued, you will be notified 90 days in advance. In the event of changes out of our control (e.g. changes to 3rd party integrations that makes a feature incompatible or browser upgrades that leave a feature behind), PowerBell will not be subject to any liability for any loss.
5.1 PowerBell integrates third party SDKs that are used for service usage analysis, in order to improve it. Please check our Privacy Policy for more information.
PowerBell does not claim or warrant that:
The user uses the PowerBell Products exclusively at his/her own risk. This applies, without limitation, to:
The use of any software or hardware offered by PowerBell is no substitute for the consultation by the user of a specialized doctor.
Additionally, PowerBell does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. PowerBell does not make any representations or warranties with respect to products or services of third party providers.
(1) General. PowerBell shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if PowerBell has caused a certain damage willfully or with gross negligence. In the event of slight negligence, PowerBell shall not be liable to other businesses and shall be liable to consumers only for personal damages. PowerBell shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.
(2) Content. Unless required by statutory law, neither PowerBell nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the PowerBell Products. This also applies to damages resulting from errors, problems, viruses or loss of data.
(3) Downloads. PowerBell assumes no liability for downloaded material or material obtained as a consequence of using the PowerBell Products. The User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the PowerBell Products.
(4) Conflicts. The User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The User acknowledges and accepts that PowerBell will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
If you have any questions about our terms of use, please contact us via email at feedback@powerbell.app
This Terms Of Use were last modified on November 18th, 2020.
