1. Introduction
By using PortfolioMake you confirm your acceptance of, and agree to be bound by, these terms and conditions.
2. Agreement to Terms and Condition
This Agreement takes effect on the date on which you first use the PortfolioMake application.
3. Unlimited Access Software License with Termination Rights
The PortfolioMake Software License facilitates the acquisition of PortfolioMake software through a single purchase, granting users unrestricted and perpetual access to its comprehensive functionalities. Tailored for independent users, PortfolioMake empowers users to create compelling web pages and online portfolios. This license entails a straightforward and flexible arrangement, exempting users from recurring fees or subscriptions. However, it is important to acknowledge that the licensor retains the right to terminate the license without conditions or prerequisites. This termination provision enables the licensor to exercise control over software distribution and utilization. Opting for the PortfolioMake Software License enables users to enjoy the benefits of the software while recognizing the licensor's unrestricted termination rights, which provide adaptability and address potential unforeseen circumstances.
4. Disclaimer
It is not warranted that PortfolioMake will meet your requirements or that its operation will be uninterrupted or error free. All express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law are excluded and expressly disclaimed. This Agreement does not affect your statutory rights.
5. Warranties and Limitation of Liability
PortfolioMake does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of the software. PortfolioMake shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by PortfolioMake's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by PortfolioMake. PortfolioMake shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Notwithstanding contrary clauses in this Agreement, in the event that PortfolioMake are deemed liable to you for breach of this Agreement, you agree that PortfolioMake's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release PortfolioMake from any and all obligations, liabilities and claims in excess of this limitation.
6. Responsibilities
PortfolioMake is not responsible for what the user does with the user-generated content.
7. General Terms and Law
This Agreement is governed by the laws of Nepal. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and PortfolioMake as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of PortfolioMake. You agree that PortfolioMake will not be liable by reason of any representation, act or omission to act by you.