Terms and Conditions

TERMS AND CONDITIONS

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.paddelux.com website and the Pad Delux mobile application (together, or individually, the "Service") operated by Pad Delux LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

COLLECTION AND USE OF PERSONAL INFORMATION

Pad Delux may collect Personal Information when you use certain services on the Pad Delux website or when you visit cookie-enabled web pages. Pad Delux may also log your IP address when you use the Pad Delux website. Pad Delux uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the Pad Delux website. Pad Delux may also use "cookie" files to better serve your needs by creating a customized website which fits your needs.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

MINORS AND CHILDREN

Pad Delux will not collect information on children under the age of thirteen (13). If you or someone learns that a child under the age of thirteen (13) has submitted their personal information without parental consent please contact help@paddelux.com. Pad Delux does not knowingly collect personal information from children under the age of thirteen (13). In the event Pad Delux is made aware a child under the age of thirteen (13) has provided us with personal information, we make sure to remove such information and terminate said account.

PURCHASES

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Pad Delux LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Pad Delux LLC customer support team at help@PadDelux.com. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Pad Delux LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Pad Delux LLC to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Pad Delux LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice. The recurring shipment date for your subscription will be based off the date closest to the date of the customer's first purchase. Shipping dates are estimates only. All shipments are delivered via FedEx or UPS. The risk of loss and title for all products purchased via the Website or Mobile App pass to the customer upon delivery of the item to the carrier.

The recurring shipment date will be based off the date closest to the date of the Customer’s first purchase. Shipping dates are estimates only. All shipments are sent via FedEx or UPS. The risk of loss and title for all Products purchased via the Website or Mobile App pass to the Customer upon delivery of the item to the carrier.

FEE CHANGES

Pad Delux LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Pad Delux LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

PAYMENT METHODS AND AUTOMATIC CHARGES ON SUBSCRIPTION ORDERS

Pad Delux accepts credit card and PayPal payments only. You agree to pay the monthly renewal charges to your account based on Pad Delux’s product cost charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership. You further authorize Pad Delux or the third party payment processing service provider that is engaged by Pad Delux at that time to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Pad Delux reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US Dollars.

Pad Delux and Pad Delux's third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Pad Delux and Pad Delux's third party payment service provider at the election of your credit card issuer. Neither Pad Delux nor Pad Delux's third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.

AN AUTOMATIC MONTHLY MEMBERSHIP RENEWAL CHARGE WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Pad Delux will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your credit card with the applicable purchase and any shipping and handling costs and sales or similar taxes that may be imposed on your payments. Each Membership renewal period is for every two weeks or one month and based off your selection for renewal at sign-up.

SUBSCRIPTION CANCELLATION

You may change, edit, or cancel your Subscription at any time by logging on to your account at www.paddelux.com. To cancel a membership, log in to your account on the Site and select the “my account” link, then select the 'Stop Subscription' button. All cancellation requests must be received by the first day of the month to take effect within that month. All cancellation requests received after the first of the month will take effect the following month. If there are any problems or questions, please email help@paddelux.com . If you decide to cancel your Membership, you will enjoy your Membership benefits until the end of the current Membership term. Your Membership benefits will then expire at the end of the current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the purchase.

REFUNDS

Except when required by law, paid Subscription fees are non-refundable.

INTELLECTUAL PROPERTY

The Service and its original content, including the Pad Delux logo, trademarks, service marks, graphics and features and functionality are and will remain the exclusive property of Pad Delux LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pad Delux LLC.

LINKS TO OTHER WEBSITES

Our Service may contain links to third party web sites or services that are not owned or controlled by Pad Delux LLC. Pad Delux LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Pad Delux LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

PROHIBITED USES

Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that,

Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
Uses technology or other means to access unauthorized content or non-public spaces;
Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempts to damage, disable, overburden, or impair Pad Delux servers or networks;
Attempts to gain unauthorized access to a Pad Delux computer network;
Attempts to gain unauthorized access to Pad Delux user accounts;
Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
Violates these Terms in any manner; or
Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

Pad Delux reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that Pad Delux reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

THIRD PARTY BENEFICIARY

User agrees that Pad Delux’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. See Terms of Sale; membership cancelation section below. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Pad Delux LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. Pad Delux reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

LIMITATION OF LIABILITY

In no event shall Pad Delux LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service and/or Application is at your sole risk. The Service and Application is provided on an "AS IS" and "AS AVAILABLE" basis. Both the Service and Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Pad Delux LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service and Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service and Application is free of viruses, malware or other harmful components; or d) the results of using the Service or Application will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

FEE MODIFICATION OF THESE TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

CONTACT US

If you have any questions about these Terms and Conditions, please contact us at help@paddelux.com

PAD DELUX LLC

Copyright © 2018 by Pad Delux, LLC All text, graphics, audio files, Java applets and scripts, downloadable software, and other works on this website are the copyrighted works of Pad Delux, LLC All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this website is strictly prohibited. The following are the protected Trademarks of Pad Delux, LLC: www.paddelux.com. All rights reserved. The use of this site is governed by the following Terms and Conditions. By using this site, you acknowledge that you have read these disclaimers and policies and that you accept and will be bound by their terms.