Terms of Use

The following Terms of Use govern all use of the donkeybean.com website and service. The website is owned and operated by Duoplus Ltd, trading as DonkeyBean (“DonkeyBean”). Duoplus Ltd is a New Zealand owned business. The website is offered subject to your acceptance without modification of all of the terms contained herein and all other operating rules, policies (including, without limitation, DonkeyBean’s Privacy Policy) and procedures that may be published from time to time on this site by DonkeyBean (collectively, the “agreement”).

Please read this agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms of this agreement. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these terms and are considered an offer by DonkeyBean, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 16 years old.

Your DonkeyBean account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify DonkeyBean of any unauthorized uses of your account or any other breaches of security. DonkeyBean will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Payment and Renewal

After the free trial period ends you will be automatically switched to the free version of the software. You can optionally choose to subscribe to one of the paid plans, which offer more features.

If during your trial period you choose to upgrade to a paid subscription, the number of days remaining in your trial will be added to the length of subscription you choose.  For example, if you have 10 days remaining in your trial, and choose to upgrade to a monthly plan, you will be charged immediately and your next payment will be due in 1 month and 10 days. This means that you don’t lose any of your free trial days.

To choose a paid plan you will need to enter your credit card details for payment. You can choose either a monthly or annual subscription period. Your subscription period is paid in advance.

At the end of your subscription period your subscription will automatically renew and you authorize us to collect the applicable monthly subscription fee using the payment information we have on record for you.

Cancellation and Refunds

Your paid subscription can be cancelled at any time by choosing to swap to the free plan.

If you cancel your paid subscription DonkeyBean will not provide any refund. Instead you will still retain access to the features of your paid subscription level until the end of the subscription period that you have paid for.

You can cancel your subscription by going to Settings (cog) > Plans > and select the free plan.

Intellectual Property

This agreement does not transfer from DonkeyBean to you any DonkeyBean or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DonkeyBean. DonkeyBean, DonkeyBean.com, the DonkeyBean logo, and all other trademarks, service marks, graphics and logos used in connection with DonkeyBean.com are trademarks or registered trademarks of DonkeyBean or DonkeyBean’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any DonkeyBean or third-party trademarks.

Changes

DonkeyBean reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. DonkeyBean may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.

Termination

DonkeyBean may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your DonkeyBean account you must contact DonkeyBean customer support. (Instead if you wish to just cancel your paid subscription you can select to change to the free plan – see “Cancellation and Refunds“). All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The website is provided “as is”. DonkeyBean and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DonkeyBean nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

Limitation of Liability

In no event will DonkeyBean, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DonkeyBean under this agreement during the twelve (12) month period prior to the cause of action. DonkeyBean shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the website will be in strict accordance with the DonkeyBean Privacy Policy, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless DonkeyBean, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this agreement.

Miscellaneous

This agreement constitutes the entire agreement between DonkeyBean and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DonkeyBean, or by the posting by DonkeyBean of a revised version. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DonkeyBean may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

DonkeyBean

Duoplus Ltd

Physical address

89 Church Road, Hamilton 3200, New Zealand

Postal address

PO Box 20316, Te Rapa, Hamilton 3241, New Zealand

If we change our Terms of Service, we will post those changes on this page.
Last updated 1 June 2017.

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