The following are the terms and conditions for use of the Medclick 24-7 Ltd operating as Bytes Interactive (called the Owner) digital file download and hard good purchase service (referred to as the "services"). (Digital Files and Hard Goods are collectively called products.)
Please read them carefully. These services are provided to individuals (called the Customer) who are at least 18 years old or minors who have parental permission to open and maintain an account. BY REGISTERING FOR A DIGITAL FILE DOWNLOAD AND HARD GOOD PURCHASE ACCOUNT UNDER THE DOMAIN NAME OF APLUSDOWNLOAD.COM, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Terms and Conditions of Service
(i)Subject to the terms and conditions of this Contract,
Bytes Interactive shall provide for you a digital file download and hard good purchase service
(collectively, the Services).
Fees and Plans.
You will pay the fees for the Services, as set forth in the service plan described below.
They are subject to change as determined by Bytes Interactive.
- Disk space fees are outlined at http://www.aplusdownload.com/digitalgood-transactionfees.htm
- Payment for the services is calculated as a transaction fee as outlined at http://www.aplusdownload.com/digitalgood-transactionfees.htm. The calculation of the owner's transaction fees does not apply to shipping and tax charges. This fee does not include any of the transaction fees charged by PayPal.
- Transaction fees are calculated on a monthly basis. Invoices are sent out for a given month on any day after the first day of the next month in order to obtain the average conversion rate for a customer's default currency to US dollars from the following Currency Conversion web site http://www.x-rates.com/historical/ . Customer has a choice to pay in US dollars or their default currency established upon registration.
- There is a $19.95 US Non-refundable Yearly Registration Fee.
- Invoice payments must be made within 5 business days either using PayPal, Visa or Mastercard. Payments not received within this specified time may have their accounts closed at the discretion of the owner.
Customer Responsibilities and Restrictions.
- You are entirely responsible for maintaining the confidentiality of his
or her account. Furthermore, you are entirely responsible
for any and all activities that occur under his or her account.
You agree to notify the Bytes Interactive immediately of any
unauthorized use of the your account or any other breach of security.
- You shall be responsible for:
(i) determining whether the Services will achieve the results it desires;
(ii) procuring, installing, and operating the computers systems,
operating systems, programs and Internet connections or services
necessary to access and use the Services as provided;
- You shall not: (i) sell, lease, assign, sublicense or
otherwise transfer the Services;
(ii) decompile, disassemble, or otherwise analyze for
reverse engineering purposes the Services or the software
("Software") used to provide the Services;
(iii) create, write, or develop any derivative software or
other software program that is based on the Software; or
(iv) undermine or circumvent any security devices, firewalls,
encryption, virus protection, procedures or access
restrictions with respect to the Services.
- As a condition of the use of the Service, you warrant to Bytes Interactive that you
will not use the Service for any purpose that is unlawful or
prohibited by these terms, conditions, and notices.
- You agree to abide by all applicable local, state or provincial, national and international laws and
regulations and are solely responsible for all acts or omissions that occur
under the your account, including the content of the your transmissions through the
Service, or any content you upload or publish through the Service.
- Any product or products sold under our services that violate any of the following conditions:
will have the respective customer accounts closed immediately.
- illegal content
- violations of copyright
- trademark infringement
- incitement of violence
- promotions of hate
- invasion of privacy
- perpetuating racial, gender and/or ethnic stereotypes
- The customer is completely responsible for all financial transactions between themselves and the people who
purchase any digital and/or hard good from their web site and is processed by our services. Any fraudulent transactions
are the complete responsibility of the customer.
- You agree to allow the Owner to use the Instant Payment Notification (IPN) message service associated with your
PayPal business account to optionally use a CGI script to enable the IPN and/or verify transactions using our services.
No data will be collected from your PayPal account except for those transactions processed by our services. According to PayPal,
IPN is "a message service that notifies you of events related to PayPal transactions. You can use IPN messages to automate back-office and
administrative functions such as fulfilling orders, tracking customers, or providing status and other transaction-related information."
Terms and Termination.
This Contract shall commence on the date the service is
enabled as per your request, and shall
continue in full force and effect on a monthly
basis. This Contract shall terminate immediately upon
expiration or termination of the Agreement. Bytes Interactive may
immediately, without notice to you, without
limiting any other rights it might have and without
incurring any obligation or liability to you,
temporarily discontinue the Services, change the
services or terminate this Contract and the Agreement
if Bytes Interactive determines, in its sole discretion, that
you have violated any provision of this Contract.
Further, either party may, for any reason, terminate
this Contract upon 2 weeks written notice to
the other party without any refund.
We may amend this Agreement at any time by posting the amended
terms on the Site. Except as stated below, all amended terms
shall automatically be effective after they are posted on the Site
Bytes Interactive or its suppliers are the exclusive owner of and will retain
all right, title, and interest in and to the Services
and the Software, including copyrights, patent rights,
trademarks, service marks, trade secrets, and other
proprietary rights therein.
Disclaimer of Warranties; Limitation of Liability.
THE SERVICES ARE PROVIDED ON AN AS IS AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR
INFORMATION GIVEN BY Bytes Interactive, ITS AFFILIATES, ITS
SUPPLIERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. UNDER NO
CIRCUMSTANCES SHALL Bytes Interactive, ITS AFFILIATES, ITS
SUPPLIERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
THAT RESULT IN ANY WAY FROM YOUR USE OF OR
INABILITY TO USE THE SERVICES OR TO ACCESS THE
INTERNET OR ITS EMAIL, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY
FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF YOUR DIGITAL FILE DOWNLOAD AND HARD GOOD PURCHASE
ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR
UNDER ANY OTHER CAUSE OF ACTION.
MANY REQUIRED PROCESSES OF THE SERVICE(S) ARE BEYOND THE CONTROL OF Bytes Interactive. THEREFORE, Bytes Interactive DOES NOT GUARANTEE THE AVAILABILITY, QUALITY OR CONDITION OF THE SERVICE AND IS NOT LIABLE FOR ANY SUBSCRIBER OR THIRD-PARTY LOSSES CAUSED BY ANY SERVICE FAILURE.
If You are dissatisfied with the Services
or with any terms, conditions, rules, policies,
guidelines or practices of Bytes Interactive in operating the
Services, your sole and exclusive remedy is to
discontinue using the Services.
You agree to indemnify and hold the Bytes Interactive, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by any third party due to or arising
out of your use of or conduct on the Service.
The license will be governed by the laws of Ontario, Canada.