Suppliers Terms of Service
LICENSE AGREEMENT between Suppliers and CooCoo
This license agreement (hereinafter referred to as the Agreement) constitutes a contract between Coocoo (Owned by StormBiz), who are the authors of and the owners of the Event Social Selling Website (hereinafter referred to as the Copyright Owner), and the Supplier (hereinafter referred to as the Supplier).
This Agreement contains definitions and conditions under which the Supplier can use Coocoo.
TERMS AND DEFINITIONS
All terms given in this section of the Agreement shall have the following meaning for this Agreement only, and shall not be construed to suggest otherwise when used in respect of the conditions set forth in this Agreement.
Program means the Coocoo Website, and all related printed materials, help and online documentation as well as all copies and all derivative works related to this website, including but not limited to, all updates and modifications.
Program-based Derivative means any program, work or information created by the Supplier or a third party with using the Program or any of its parts.
Use of the Program means any actions related to operation of the Program according to its purpose.
Domain Name means a unique alphanumeric name intended to identify a resource on the Internet.
Website means a resource available on the Internet through a common Domain Name.
Subscription License means the right to Use the Website provided by the Copyright Owner to the Supplier for one (1) year, paid monthly or Annually, from the date the right has been purchased.
Confidential Information means the contents of the Program (source code) as well as other information about the Program that the Copyright Owner may deem confidential.
1. GENERAL PROVISIONS
The Supplier shall Use the Program within the bounds of this Agreement only. By Using the Program, the Supplier thus consents to the conditions set forth in this Agreement. If the Supplier does not wish to be bound by the conditions of this Agreement, he shall not subscribe to the Program.
The Copyright Owner notifies the Supplier that the Program is not sold to the Supplier, but, in accordance with this Agreement, the Supplier gains the right to Use the Program (within the period stipulated by the Subscription License) under a simple non-exclusive license.
Every Use of the Program is subject to this Agreement. Any Use of the Program or any of its parts, which contradicts the conditions of this Agreement, is prohibited.
2. GRANT OF LICENSE
The Copyright Owner provides the Supplier with the Subscription License under a simple non-exclusive license on the territory mentioned in Section 7 of this Agreement only after the Supplier pays the compensation on the site http://www.coocoo.co.za.
The Supplier shall, upon expiration of the term granted by the Subscription License, purchase the Subscription License repeatedly on the Website http://www.coocoo.co.za or remove all Supplier details both from the Website and from other media, if any.
3. EXCLUSIVE RIGHT AND LIMITATIONS
The Copyright Owner owns personal non-property copyrights and an exclusive right to the Program.
The Copyright Owner has the right to:
- notify the Supplier that the copy of the Program is illegal and is used without the Subscription License.
The Supplier has no right to:
- make copies of the Program and let a third party copy the Program;
- deploy additional copies of the Program on any other Website;
- Use the Program on other Domain Names, if no appropriate Subscription License was obtained for them;
- extract, excerpt or use any part of the Program to create any Program-based Derivatives as well as provide such possibility to a third party;
- sell, transfer, obligate, license, sub-license, rent, lease, give for temporary use, yield or convey (by selling, exchanging, giving as a gift, by law, or in any other way) the Program, any of its copies (or any of its parts), the Subscription License and other rights to them, partially or in full, to a third party without a prior written consent of the Copyright Owner;
- remove, hide, modify or make barely visible any copyright, trademark or other proprietary notices contained within any part of the Program without a prior written consent of the Copyright Owner;
- prevent the Copyright Owner from obtaining information about the Use of the Program;
- use the Program after the Subscription License expires.
The Supplier pledges not to disclose the Confidential Information, protect from and prevent unauthorized disclosure of the Confidential Information, and take appropriate measures to protect the Confidential Information. If the information, which is confidential according to this Agreement, becomes available to a third party without a consent of the Copyright Owner, the Supplier agrees to indemnify the Copyright Owner for all suffered damages.
5. WARRANTIES AND LIMITATIONS
The Program is provided "AS IS" with all possible malfunction and in the state that is actual by the time the Copyright Owner provides the Supplier with the Subscription License.
Under no circumstances the Copyright Owner guarantees error-free and uninterrupted performance of the Program and that the Program will meet the requirements of the Supplier as well as the Copyright Owner disclaims any other warranties to the extent to which it is permitted by the effective law.
The Supplier assumes all the risks related to the performance and the Use of the Program, including the risk of not getting the expected profit, the risk of a software failure after the Program is installed, etc.
Under no circumstances the Copyright Owner is liable to the Supplier for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) related to the Use of the Program or impossibility to Use the Program.
In the event that the law of the Supplier's country concedes no limitation of liability, or the liability of the Copyright Owner is recognized by the competent court, the Copyright Owner will be liable only for actual damage incurred from Using the Program if the damage is caused by a tort of the Copyright Owner, or if the damage is caused by the reasons that the Copyright Owner knew or should have known. The maximum amount of liability of the Copyright Owner is limited to the amount of the compensation that the Supplier paid for one Subscription License.
The limitations of liability of the Copyright Owner that are specified in this section of the Agreement apply to the Program and all associated objects.
7. TERMINATION OF LICENSE AND AGREEMENT
The Agreement is effective for 1 calendar year, until terminated or renewed. The Agreement can only be terminated after the Subscription License expires. The Subscription License expires one (1) year after it was purchased by the Supplier. The Agreement is also terminated, and the Subscription License expires immediately after the Supplier violates any part of this Agreement without any additional notice from the Copyright Owner. And the Supplier consents to immediately remove the Program together with all copies, modifications and upgrades, or any Program-based Derivatives.
The territory for this Agreement shall be the entire world. The Supplier has the right to terminate the Subscription License between month 11 and 12, as agreed by the subscription by discontinuing the Agreement and removing the Program together with all copies, modifications and upgrades, or Program-based Derivatives, along with sending an appropriate notification to the Copyright Owner. Failure to terminate the subscription within this time will automatically renew the subscription license for anither 1 year. The Agreement will be deemed terminated from the moment the Copyright Owner receives the notification from the Supplier, and all Supplier material will be removed from the website.
8. BUYER PROTECTION
Coocoo strives to provide its buyers with the best service possible. This can only be accomplished if the Suppliers commit, and uphold any purchases, contact requests, and agreements made from Coocoo website. As a Supplier, you agree to honor all contracts, provide goods sold, or contact the buyer within a reasonable time. Coocoo does not take any responsibility for loss of damage to Suppliers or Buyers, as Coocoo only offers the tools to connect the Buyers with the Sellers. Coocoo has the right to terminate the subscription if a Supplier has received 3 complaints from different buyers within 1 subscription period, without any compensation to the Supplier, if the Supplier has not honored the agreements of the Suppliers Terms of Service. It is the Suppliers responsibility to notify the Buyer well in advance if any part of the contract cannot be honored, and if possible, a suitable replacement can be made from a different Supplier on Coocoo. A supplier will need to provide 1 product / service on special every year. The product / service will be promoted on our daily specials page, to introduce / promote the Supplier.
9. SUPPLIERS FEES
Coocoo offers a premium service for buyers to reach potential customers. As such Coocoo charges a 5% service fee when selling your products / services on our website. This fee is due monthly for any items sold on CooCoo.
10. FINAL PROVISIONS
If any condition of this Agreement for any reason becomes unenforceable, or is voided or declared invalid by the competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions.
The section headings in the text of the Agreement are for convenience only and have no independent legal force, and shall not be interpreted in relation to the conditions of the Agreement.
The Supplier acknowledges that he has read this Agreement carefully and understood it completely, and agrees to accept its terms and conditions.
The Copyright Owner may unilaterally change this Agreement. The Supplier is notified of the changes through a notice on the site http://www.coocoo.co.za where the text of the changes is published. The changes in the conditions of the Agreement shall come into force on the date of publishing on the site http://www.coocoo.co.za, unless otherwise is specified in the publication, and become mandatory for acceptance and satisfaction by the Supplier for further Use of the Website.
The Supplier acknowledges that the Copyright Owner may suffer damage if the conditions of this Agreement are not respected, and therefore the Supplier agrees that the Copyright Owner has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.