This User Agreement was posted in December 2019. It is effective and binding upon those users who accept it by Matter Design & Digital Pty Ltd products and services.
Matter Design & Digital Pty Ltd grants you non-exclusive limited license to use Visual Merchandizer for BigCommerce (‘Product’) and other products sold through the BigCommerce Marketplace in accordance with these Terms & Conditions (‘License’):
- LICENSE: Visual Merchandizer for BigCommerce is an installed application via the BigCommerce Marketplace and has been developed for use under https://opensource.org/licenses/OSL-3.0
- DELIVERY & INSTALLATION: Visual Merchandizer for BigCommerce can be installed and used as an application from the BigCommerce platform, installed directly into certain e-commerce platforms or accessed via a cloud based portal.
- SOFTWARE UPDATES & SUPPORT: We will perform updates to the Products from time to time. However, you agree that we are under no obligation to perform, make or develop any specific enhancements to or customisation of the Products, although we may offer such enhancements to you during the Term of this Agreement. Support will be offered via the Visual Merchandizer for BigCommerce Support Portal and will be via email communication.
- OWNERSHIP: You may not claim intellectual or exclusive ownership rights to any of our Products. All Products are property of Matter Design & Digital Pty Ltd. They are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Product.
- REFUNDS: Where we are requested to install Visual Merchandizer for BigCommerce on a BigCommerce environment, we will offer a refund of any installation fee if we determine we have failed to successfully install Visual Merchandizer for BigCommerce. This is at our absolute sole discretion to determine. No other refunds for installation or use fees will be given although you are free to cancel the subscription at any time to avoid future fees. Access to the product will cease from the date you fail to have a paid subscription. Please note that by subscribing to Visual Merchandizer for BigCommerce, you agree to the terms of the Refund Policy.
- LIMITED WARRANTY: Visual Merchandizer for BigCommerce will function in accordance with the product description outlined on the BigCommerce Marketplace page. We do not warrant that it will function without errors on all themes or with all web browsers. We are not responsible for any plugin or theme compatibility conflicts that may occur. It is our policy to support our Product as best we can and we will provide support for third party plugin conflicts at our discretion or as time allows. We are not responsible for any data loss that may occur as a result of installing our Product. Save for this limited warrantee, Matter Design & Digital Pty Ltd offers its Product “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all third party components and plugins.
- TRANSACTIONAL EMAILS & PRIVACY: Matter Design & Digital Pty Ltd is committed to complying with applicable laws governing the collection and use of personal information and to protecting and safeguarding a Data Subject’s privacy when that person deals with us. We may on occasion send you email notifications related to your Visual Merchandizer for BigCommerce account. These transactional emails may include notification of licensing changes, specific account information and other transactional emails related to your subscription to the Visual Merchandizer for BigCommerce service. By subscribing to the Visual Merchandizer for BigCommerce you agree to receive these transactional emails and emails from us relating to product updates. We will absolutely never sell or share your personal with third parties. All data we collect will be used for internal purposes only. For more information see www.matterdesign.com.au/bc-visual-merchandizer-app-privacy-policy.
- PRICING & BILLING: We reserve the right to change pricing at any time for any reason. We reserve the right to not honour typographical errors which may cause incorrect pricing on the website.
- ACCOUNT SUSPENSION: We reserves the right, at any time, to modify or discontinue, temporarily or permanently, with or without notice. Without limiting other remedies available to us at law, in equity or under this User Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), restrict your activities through our site, temporarily or indefinitely suspend or terminate your account and refuse to provide our services to you if: you have, or we believe that you have, breached the terms of our User Agreement; fail to pay our monthly subscription fees for any Product services that we provide you; we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
- LAW: This Agreement is governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning this Agreement.
- GENERAL: The preceding terms & conditions govern the installation and sale of a subscription to our Products and is between you the subscriber or user and Matter Design & Digital Pty Ltd. By placing an order with us you acknowledge that you have read, understood, and agree with our terms & conditions. Please notify us prior to placing an order if you disagree with any of our terms & conditions. We reserve the right to alter these terms and conditions at any time for any reason.