Direct Ecommerce LTD, (hereinafter “Direct Ecommerce LTD”), a company incorporated under American laws, which provides the WindBlaze™ Torch Lighter products through its website windblazelighter.com or through the WindBlaze™ application.
By registering on the website windblazelighter.com or using the Service, the Client acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. Direct Ecommerce LTD strongly advises the Client to print and/or save a copy of the Terms of Service.
These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.
In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:
“Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.
“Client” means the individual or legal entity, professional only, with whom Direct Ecommerce LTD entered this Agreement and whose name and address appear on the Account. The Client and Direct Ecommerce LTD are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
“WindBlaze™ Solution” means the WindBlaze™ ecommerce application, as well as any related applications or products, developed and published by Direct Ecommerce LTD.
“Personal Data ” means any information relating to a natural person who is or can be identified, directly or indirectly.
“Content” means any data, whether personal or not, contained in the information processed through WindBlaze™ by the User Processed Email sent by the Client to the Inbox(es) and processed through the WindBlaze™ Solution. “Documentation” means all documents that may be viewed, printed, sent and/or downloaded in electronic form from the website windblazelighter.com, describing the functionalities of the Service and the WindBlaze™ Solution.
“Service ” means the grant of access to the WindBlaze™ Solution by Direct Ecommerce LTD and the use of the WindBlaze™ Solution by the Client, whether through the website windblazelighter.com or through the WindBlaze™ application, under the terms and conditions set out in the Agreement.
2. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to set out the conditions under which Direct Ecommerce LTD provides the Service to the Client, who accepts it, a nonexclusive and nontransferable right to use the WindBlaze™ Solution. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
3. SERVICE DESCRIPTION, ACCESS AND AVAILABILITY
3.1. Description of the Service
WindBlaze™ Service offers the sale of Torch Lighter and other related products.
The Service does not include ongoing maintenance.
The Client accesses the Service through his/her/its own and personal Account. The Client bears all liability as to the access and the use of the Account.
3.3. Availability and support
The Service is available to the Client 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email ([email protected]).
4. EMAIL DATA AND EMAIL CONTACTS
4.1. User Data
All data you input into the Product, including info on your Clients will not be freely given to anyone. We do not, under any circumstances, sell either your Email Data or your Email Contacts’ Personal Data. Only authorized employees have access to view User Data.
If someone originating from your account holder or someone contacted via WindBlaze™ at the User’s discretion playing role of “Client” complains or contacts us, we might then contact that person.
4.2. Information Collection and Use by Us
4.3. Data Collected for and by our Users
As you use the Service, you may import into our system Personal Data of yourself or that of other individuals. We have no direct relationship with the third parties added to the Product or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.
5. PRICING & INVOICING
A specific pricing applies to any purchase on WindBlaze™, which is detailed on each product page. The pricing is exclusively in the expressed currency. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
5.2. Payment and Invoicing
All purchases must be paid, through Direct Ecommerce LTD payment service providers PayPal and Stripe, for in full using a credit card, exclusively with one of the following credit cards: Visa, Mastercard, Discover, American Express. The Client must enter valid credit card information.
Direct Ecommerce LTD shall automatically send the Client an email receipt for each payment.
6. MODIFICATION OF SERVICE AND PRICING
Direct Ecommerce LTD reserves the right to modify or discontinue, temporarily or permanently, the Service or product (or any part thereof) with or without notice at any time.
Prices of all Services and products are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website windblazelighter.com, the WindBlaze™ application or the Service itself. Such changes shall not apply for existing purchases, purchase orders or sale agreements and shall only apply for purchases entered after the modification of pricing.
The Agreement will be effective after the creation of an Account by the Client, and will remain in effect until its termination by either Party.
- GRANTING AND UNDERTAKING OF Direct Ecommerce LTD
Direct Ecommerce LTD undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to Direct Ecommerce LTD.
The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by Direct Ecommerce LTD is provided solely for the use of the Service but not for the Client’s organization. Direct Ecommerce LTD has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at the Client’s sole risk. The Client understands that the technical processing and transmission of the Service including all content given by and received by Users may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Direct Ecommerce LTD does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client’s expectations, and (v) any errors in the Service will be corrected.
The Content is kept by Direct Ecommerce LTD to the extent that it allows performance of the Service, which includes long-term data storage. It is additionally the Client’s responsibility to ensure the storage and registration of all of his/her/its data. Direct Ecommerce LTD shall not be held responsible for any loss of User Data.
Direct Ecommerce LTD excludes any liability for the suspension of the Account.
The Client understands that Direct Ecommerce LTD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.
The Client expressly understands and agrees that Direct Ecommerce LTD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Direct Ecommerce LTD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Emails, Content or Parsed Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
In any case, the overall liability of Direct Ecommerce LTD is strictly limited to the overall fees paid by the Client for the ongoing Subscribed Plan.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Direct Ecommerce LTD ownership and undertakings
All intellectual property rights on the WindBlaze™ Solution and all content available on the website windblazelighter.com or the WindBlaze™ application remain the sole property of Direct Ecommerce LTD. Direct Ecommerce LTD warrants that it has developed the WindBlaze™ Solution and owns the intellectual property rights to the WindBlaze™ Solution and all elements used to provide the Service.
Direct Ecommerce LTD undertakes not to claim any ownership on the User Data and Content processed through the Service, which remain the sole property of the Client.
12.2. The Client’s ownership and undertakings
The Client remains the owner of all Data and Content processed under the Agreement.
The Clients undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by Direct Ecommerce LTD, such as but not limited to, the intellectual property rights owned on the WindBlaze™ Solution, the related trademark and logo used by Direct Ecommerce LTD.
The Client grants Direct Ecommerce LTD against any claim, demand, suit or proceedings made or brought against Direct Ecommerce LTD by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify Direct Ecommerce LTD for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by Direct Ecommerce LTD in connection with any such claim, demand, suit or proceedings, provided that Direct Ecommerce LTD (i) promptly informs the Client in writing of the claim, demand, suit or proceeding, (ii) gives the Client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally Direct Ecommerce LTD of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.
The Client is considered the data controller within the meaning of the Act n°7817 of 6 January 1978 on information technology as well as European Union’s 2018 General Data Protection Regulation, data files and civil liberties, in regards to all User Data provided within the framework of the Agreements. The Client, therefore, undertakes expressly to comply with all applicable data protection regulations and to carry out any necessary formalities.
Direct Ecommerce LTD and the Client undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent Direct Ecommerce LTD to mention its commercial relationship with the Client, as provided below.
13. FORCE MAJEURE
Direct Ecommerce LTD uses all technical means which may be reasonably used for the performance of the Service. Direct Ecommerce LTD shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which Direct Ecommerce LTD relies upon.
The Client waives any right to indemnity of any nature whatsoever in the event of force majeure and Direct Ecommerce LTD shall not be held liable for any cost incurred due to the impossibility to use the Service.
At any time and at its own discretion, Direct Ecommerce LTD reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.
This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.
The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.
The Client allows Direct Ecommerce LTD to mention its company name or name and the Service provided for commercial purpose only.
15. CHOICE OF LAW AND JURISDICTION
The Agreement is subject to the laws of the United States of America. Any dispute, controversy or claim arising under, out of or relating to the validity, interpretation and performance of the Agreement shall be referred to and finally determined by the competent courts of the United States of America and American law shall apply.