Terms of Service

THANK YOU FOR CHOOSING ToolPal!

ToolPal® is a registered trademark of ToolPal S.A.S company
This page states the terms and conditions (the “Terms” or the “Agreement”) under which you may use the Web Site ToolPal.com (the “Site” or “Service”). By accessing the Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Site.ToolPal may, in its sole discretion, modify or revise these Terms at anytime by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms listed on this page.

What the Contract Covers

This is a contract between you and ToolPal. Sometimes ToolPal is referred to as “we,” “us” or “our”. This contract applies to ToolPal web site, products and services. ToolPal is developed, maintained and commercialized by ToolPal (S.A.S),  therefore all products or services, including updates, which you use while this contract is in force. All of the software, products or services are referred to in this contract as the “service.”

Please note that we do not provide warranties for the service. This contract also limits our liability.

How You May Not Use the Service

In using the service, you may not:

• use the service in a way that harms us or our affiliates, (collectively, the “ToolPal parties”), or any customer of aToolPal party;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
• use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; or
• damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service;

If You Are an End User or a User With a Limited Role

If you are a regular user or a user with a limited role of an associated account, then the owner of the primary account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account. The primary account owner can also view or change your settings.

If You Pay ToolPal

• Payment. When you subscribe to a premium account you choose your payment method via our payment provider. You may change your payment method at any time. If you tell the payment provider to stop using your payment method, we may cancel your service and delete appointments in your account.
• Trial Period Offers. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges.
• Prices and Price Increases. The price for the service excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.

• If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
• If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.
• If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.

• Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
• Canceling the service. You may cancel the service at any time, with or without cause. Go to the subscription cancellation page to obtain information on cancelling your service.
• Internet Access service. The service does not include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service.

WE MAKE NO WARRANTY

We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the service. ToolPal gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change.

LIABILITY LIMITATION

You can recover from the ToolPal parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

the service,
content (including code) on third party Internet sites, third party programs or third party conduct,
viruses or other disabling features that affect your access to or use of the service,
incompatibility between the service and other services, software and hardware,
delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

Access to our services

Access to our services is provided on a temporary basis and we reserve the right to withdraw or amend the services at any time and for any reason without prior notice. We are not liable if for any reason our service is not available for an (un)limited period. We aim to notify subscribers of any significant changes to the services.
You are responsible for taking the required measures to access our service. You are also responsible for ensuring that all persons using your Internet access to our service are aware of these terms of use and adhere to them.
ToolPal only offers support via email. ToolPal is a self-service system, which means that our customers set up the system themselves using documentation. For help with technical problems or incidental questions about specific settings, you can contact our online customer service. You are responsible for ensuring the accuracy of the information you provide to our customer service.ToolPal is not liable for the consequences of any action taken by you following any advice given by customer service.

Notices We Send You; Consent Regarding Electronic Information

This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service.

We may provide required information to you:

• by e-mail at the e-mail address you specified when you signed up for your service;
• by access to a ToolPal web site that will be designated in an e-mail notice sent to you at the time the information is available; or
• by access to a ToolPal web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

Copyright and Trademark Notices

All contents of the service are Copyright © 2011 ToolPal. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. ToolPal, theToolPal logo, and/or other ToolPal products and services referenced herein may also be either trademarks or registered trademarks of ToolPal company. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

Choice of Law and Jurisdiction

ToolPal is headquartered in France. All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of France. By using this Service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Service is in France. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and ToolPal with respect to the use of Service. Any changes to this Agreement must be made in writing, signed by an authorized representative of ToolPal.