This RevBoost Free Trial Terms of Service Agreement (this “Agreement”) is entered into by and between Intellisoftware, Pty limited liability company and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of one or more Intellisoftware products (“Product” or “Products”) offered on a free trial basis for a period of time communicated with the offer for the corresponding Product (“Free Trial”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
The terms “we”, “us” or “our” shall refer to Intellisoftware. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Intellisoftware, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Intellisoftware website (this “Site”). You acknowledge and agree that (I)Intellisoftware may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Free Trial after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Free Trial. In addition, Intellisoftware may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. Intellisoftware assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
You agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within Australia.
The Free Trial is an opportunity for you to use the Intellisoftware Hotel RevBoost product free of charge for the period of time communicated in the offer for the corresponding product. The Free Trial will begin on the date that you accept the Free Trial offer, and, regardless of whether you use the Product, will expire at the end of September and it is our sole discretion.
Except for no-credit card free trial offers, which are subject to the special terms and conditions specifically addressed in this Agreement below, you hereby acknowledge and agree that Free Trial offers are valid only with and at the time of a qualifying purchase. You must have a valid payment method associated with your account in order to participate in a Free Trial, and the Free Trial may be terminated in the event that your qualifying purchase is deleted, cancelled, transferred, refunded, or not renewed. You acknowledge and agree that we may withdraw or modify the Free Trial or exchange the Product or offer for a similar product or offer, at any time, in our sole discretion. You will be charged then-current rates for the Product if we determine that you are not eligible for the Free Trial.
After the Free Trial ends, the Product will automatically renew at its then-current renewal price with no further action from you, until cancelled. You may cancel the Free Trial or the automatic renewal of the associated Product at any time prior to or after the end of the Free Trial by visiting your account and turning off the auto-renewal feature, or by contacting customer service. If you choose to cancel the Product during the Free Trial, or not to renew the Product following the Free Trial, any content or data you have entered into the Product will be lost and will not be recoverable.
Where a Free Trial is renewed as a paid monthly plan, you may request a full refund within 48 hours of Product purchase. Where a Free Trial is renewed as a paid annual plan, you may request a full refund within 15 days of Product purchase.
In certain circumstances, we may offer You a no-credit card Free Trial (“No-CC Free Trial”) subject to the special terms and conditions stated in this Section, and notwithstanding anything to the contrary in this Agreement.
Upon expiration of the No-CC Free Trial, you will not be charged, and the Product will not renew UNLESS you were asked to add or confirm or volunteered to include a future payment method during or at the end of your No-CC Free Trial, in which case the Product will be subject to the Automatic Renewal, Cancellation and Refund terms of this Agreement immediately above. If you choose to cancel the Product during the No-CC Free Trial, or not to purchase or renew the Service following the No-CC Free Trial, any content or data you have entered into the Service will be lost and will not be recoverable.
You agree to release, indemnify, defend and hold harmless Intellisoftware and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of your use of the Free Trial or any associated Product, including, but not limited to, any loss of data or content you might experience as a result of our discontinuation of the Free Trial for any reason.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
If you have any questions about the Free Trial or this Agreement, please contact us at the address below: