Auto Renewal Subscription Agreement
Last updated: 01/09/2021 (Version 1.0)
1. Introduction
For simplicity, throughout this notice “we” and “us” means Pure BPM Ltd. Our Registered Office is: Grosvenor House, Chapel Street, Congleton, Cheshire CW12 4AB and we are registered in England & Wales (#12755406).
This Auto Renewal Subscription Agreement (“Agreement”) sets forth the terms and conditions between You as a Subscriber (“Subscriber”) and us in connection with Your subscription for Auto Renewal Subscription (“Auto Renewal”).
2. Digital Markets, Competition and Consumers Act 2024
For the avoidance of doubt, insofar as they relate to business-to-business services, our subscriptions do not fall under the Digital Markets, Competition and Consumers Act 2024.
3. General Terms
We offer (“Services”) through the Auto Renewal to Subscribers under an annual auto-renewal. Subscribers pay fees in connection therewith. You agree to be bound by this Agreement and our Terms & Conditions.
Your annual subscription will start when your initial payment is successfully transacted and will continue for a period of one year. Annual subscriptions purchased are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected. You authorise us to store your payment and to automatically charge your payment method every year until you cancel. You agree that the date on which your payment is collected may change, but that you will never be charged more than once in any calendar year, per subscription. Your annual rate is subject to change, but you will be notified of any change in your annual rate with the option to cancel in accordance with these terms. You may cancel your subscription at any time within any annual subscription period. However, any cancellation will only become effective at the end of the annual subscription period it was submitted in. No refunds will be paid for any part of the annual subscription.
4. Subscription Cancellation
The only valid method for cancelling your Auto Renewal Subscription is by emailing [email protected] with your business name and subscription reference. Once you submit your request you will receive an email confirmation within 72 business hours that the cancellation has been completed. This email confirmation will contain a cancellation reference number. You must keep a record of this number. Subscriptions are only cancelled once this number is provided and any claims that a subscription was cancelled will not be entertained unless a cancellation number can be quoted.
5. Duration
All Subscriptions are for a limited period of time (“duration”). The duration of a Subscription is one-year (12 months). Unless otherwise noted in writing, the Subscription commences on the day that your initial payment is processed. The Subscription automatically renews after its duration. You will be required to make all payments due during the duration of the Subscription.
6. Disclaimers & Limitations of Warranties
We use reasonable efforts to provide the Auto Renewal Subscription Services that You have Subscribed to receive. However, as results depend on innumerable factors and market variables that are outside of our control, results may vary.
THE AUTO RENEWAL SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO ALL RELATED SERVICES, MATERIALS AND WEBSITE CONTENT, ETC. ARE PROVIDED “AS IS.” WE EXCLUDE AND DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. WE ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR THE DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE AUTO RENEWAL SUBSCRIPTION FUNCTIONS, OR THE MATERIALS AND CONDUCT AVAILABLE IN CONNECTION THEREWITH ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO THE USER’S AND/OR SUBSCRIBER'S USE OF AUTO RENEWAL SUBSCRIPTION AND ITS ASSOCIATED MATERIALS, INCLUDING OUR WEBSITE OR RELATED SERVICES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF SUBSCRIBER'S USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Limitation of Liability
WE DO NOT GUARANTEE RESULTS. IN NO EVENT SHALL WE BE LIABLE FOR GENERAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES WITHOUT LIMITATION AS TO WHETHER SUCH DAMAGES ARE CONSIDERED TO BE DIRECT, GENERAL OR CONSEQUENTIAL DAMAGES. WE SHALL NOT BE LIABLE, (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS OF USE OR OTHER AGREEMENT, EXCEPT TO THE EXTENT OF OUR GROSS NEGLIGENCE OR WILLFUL CONDUCT. IT IS AGREED THAT SHOULD ANY LIABILITY ON OUR PART BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE IT IS AGREED THAT IN NO EVENT MAY THE SUBSCRIBER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE OF FEES PAID TO US OR £500 IN THE EVENT THAT NO FEES WERE PAID, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.
8. Amendment
We reserve the right to modify, update, add, delete, revise and change this Agreement as well as the Terms & Conditions at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button on the Website, or 30 days from the date the changes are posted to the Website, whichever occurs sooner.
Entire Agreement
This Agreement, as well as the Terms & Conditions, and any documents expressly referenced or incorporated therein, together constitute the full agreement between You and us as to the matters contained therein. Any term not specifically addressed in this Agreement shall be governed by the Terms of Use and incorporated documents. In the event of a conflict between this Agreement and the Terms of Use, the specific terms of this Agreement shall apply.