AxiomThemes (website url address: https://PINEAPPLEBYLE.com/) appreciates your business and trust. We are Cyprus based company, creating products to enhance your website building experience. Please read this Privacy Policy, providing consent to both documents in order to have permission to use our services.
DATA STORAGE LOCATION
We are Cyprus based company and operate web servers hosted in Germany. Our hosting provider Hetzner Online GmbH adheres to the EU/US “Privacy Shield”, ensuring that your data is securely stored and GDPR compliant. For more information on Hetzner Online GmbH privacy policy, please see here: Hetzner Data Privacy Policy.
PURCHASE DATA
To receive product support, you have to have one or more Envato/Axiom purchase codes on our website. These purchase codes will be stored together with support expiration dates and your user data. This is required for us to provide you with downloads, product support, and other customer services.
SUPPORT DATA
If you have registered on our website and have a valid support account, you can submit support tickets for assistance. Support form submissions are sent to our third-party Ticksy ticketing system. Only the data you explicitly provided is sent, and you are asked for consent each time you want to create a new support ticket. Ticksy adheres to the EU/US “Privacy Shield”, and you can see their privacy policy here: Ticksy Privacy Policy.
COMMENTS
When you leave comments on the website, we collect the data shown in the comments form, and also the IP address and browser user agent string to help spam detection.
CONTACT FORM
Information submitted through the contact form on our site is sent to our company email, hosted by Zoho. Zoho adheres to the EU/US “Privacy Shield” policy, and you can find more information about this here: Zoho Privacy Policy.
These submissions are only kept for customer service purposes; they are never used for marketing purposes or shared with third parties.
GOOGLE ANALYTICS
We use Google Analytics on our site for anonymous reporting of site usage. So, no personalized data is stored. If you would like to opt out of Google Analytics monitoring your behavior on our website, please use this link: Google Analytics Opt-out.
CASES FOR USING THE PERSONAL DATA
We use your personal information in the following cases:
DATA STORAGE LOCATION
We are Cyprus based company and operate web servers hosted in Germany. Our hosting provider Hetzner Online GmbH adheres to the EU/US “Privacy Shield”, ensuring that your data is securely stored and GDPR compliant. For more information on Hetzner Online GmbH privacy policy, please see here: Hetzner Data Privacy Policy.
DATA STORAGE LOCATION
We are Cyprus based company and operate web servers hosted in Germany. Our hosting provider Hetzner Online GmbH adheres to the EU/US “Privacy Shield”, ensuring that your data is securely stored and GDPR compliant. For more information on Hetzner Online GmbH privacy policy, please see here: Hetzner Data Privacy Policy.
Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:
FACEBOOK
The Facebook page plugin is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. See their privacy policy here: Facebook Privacy Policy.
TWITTER
We use the Twitter API to display our tweets timeline on our site. Twitter has its own cookie and privacy policies over which we have no control. Your IP is not sent to a Twitter server until you consent to it. See their privacy policy here: Twitter Privacy Policy.
YOUTUBE
We use YouTube videos embedded on our site. YouTube has its own cookie and privacy policies over which we have no control. There is no installation of cookies from YouTube and your IP is not sent to a YouTube server until you consent to it. See their privacy policy here: YouTube Privacy Policy.
This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.
NECESSARY COOKIES (ALL SITE VISITORS)
NECESSARY COOKIES (ADDITIONAL FOR LOGGED IN CUSTOMERS)
5.1. Customer shall pay the storage charges and service fees at the rates set forth in the Warehousing Agreement or Quote or otherwise designated by the Company without offset for disputed claims. All Goods are stored on a month-to-month basis. All charges for storage are per package, or other unit specified in the Quote or otherwise by the Company, in each case per month. The Company may, upon thirty (30) days’ written notice to Customer, revise its rates during the time the Goods are in storage.
5.2. Notwithstanding the above, (a) a full month’s storage charge will apply to all Goods received between the first and the 15th, inclusive, of a calendar month; (b) one-half month’s storage charge will apply to all Goods received between the 16th and last day, inclusive, of a calendar month; and (c) a full month’s storage charge will apply to all Goods in storage on the first day of a calendar month. Standard services are limited to the ordinary labor involved in receiving tendered Goods at the warehouse door, placing the Goods in storage, and returning the Goods (that are to be dispatched from the Facility) to warehouse door. Handling charges do not include unloading or loading of vehicles or containers, unless so specified.
5.3. Additional charges apply to other specified services at the rates set forth in Warehousing Agreement or the Quote, as applicable, and will be separately billed as such services are performed. Labor provided by the Company that is required for work other than ordinary Services will be charged to Customer at the Company’s then current standard hourly labor rate or such other charges established in writing by Customer and the Company. Such special services requested by Customer, including compiling of special stock statements; reporting marked weights, serial numbers or other data from packages; physical check of Goods; and handling transit billing will be subject to a charge. Any physical inventory work, including an annual or quarterly physical inventory, will be completed at Customer’s request and expense at an hourly labor rate. Such hourly labor rate will be established by mutual agreement. Dunnage, bracing, packing materials or other special supplies may be provided for Customer at a charge in addition to the Company’s cost.
5.4. A charge in addition to regular rates will be made for merchandise in bond. Where a warehouse receipt covers Goods in U.S. Customs bond, the Company will have no liability for Goods seized or removed by U.S. Customs.
5.5. All charges are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Customer. Customer is subject to and shall pay the minimum handling charge per lot and a minimum storage charge per lot per month as specified in the Quote or Warehousing Agreement.
Customer shall pay all charges due from the date of the Company’s invoice. Customer shall make all payments hereunder by link shared or QR Code of the company. Customer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest legal rate, whichever is lower, calculated and compounded daily from the date due until paid in full. Customer shall reimburse the Company for all costs incurred in collecting any amounts due hereunder, including, without limitation, attorneys’ fees and expenses. In addition to all other remedies available under this Agreement or at law, the Company shall be entitled to suspend the release of any Goods or cease performance of any Services if Customer fails to pay any amounts when due hereunder. Customer may not withhold payment of any amounts due and payable by reason of any claim or dispute with the Company. In addition, the Company may require prepayment or enforcement of a general warehouse lien for services due and future services when notice of termination is received.
7.1 The Company’s custody for the Goods and burden of risk or liability with respect thereto hereunder will not begin until after both of the following events have occurred: (1) the Trailer delivering the Goods into the Facility has been physically opened by the Company for purposes of transloading the Goods into another
Trailer or placing the Goods in the Facility for storage and (2) the Bill of Lading or delivery receipt for such inbound load has been signed by the Company. The Company’s custody and liability for the Goods and burden of risk will end after the Goods have been loaded into the outbound Trailer, the Trailer has been sealed and the outbound carrier has been notified that the Goods are available for pick-up.
7.2The Company’s quoted rates are based on the “released value” of the cargo and do not include cargo insurance. The Customer is encouraged to purchase all-risk cargo insurance to cover the full value of its Goods. Customer is responsible for maintaining property insurance covering the Goods, both while warehoused and in transit, including loading and unloading and the Customer shall cause its insurer to waive all rights of subrogation against the Company and its insurers. Customer may consult an insurance broker to arrange insurance appropriate to Customer’s needs or, as an alternative, where the Company agrees to do so, the Company may offer, for an additional cost and through its designated insurance broker, to arrange for cargo policies to be issued in Customer’s name. Following the issuance of any such policy through their insurance underwriter, the Company will have no further duty regarding cargo insurance and no liability for loss of, delay of, or damage to the Goods during transport or storage, whether covered by insurance on the Goods or not, and whether such loss, delay or damage has been caused or contributed to by its negligence or breach of this Agreement, or otherwise. Any coverage on the Goods will be subject to the terms and conditions of the specific policy or policies procured. The Company is not liable if Customer, for any reason whatsoever, fails to recover a loss in whole or in part from the insurer under any applicable policy, even though the premium charged by the insurer may be different from the Company’s charges to Customer. Where loss or damage occurs to tendered, stored or handled Goods for which the Company is not liable, Customer will be responsible for the cost of removing and disposing of such goods and the cost of any environmental clean-up and site remediation resulting from the loss or damage to the Goods.
7.3 THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE GOODS, HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE BY THE COMPANY TO EXERCISE THE LEVEL OF CARE WITH REGARD TO THE GOODS THAT A REASONABLY CAREFUL PERSON WOULD HAVE EXERCISED UNDER LIKE CIRCUMSTANCES. THE COMPANY IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
Except as specifically provided in this Agreement, the Company makes no representation, nor offers any warranties of any kind regarding the Services provided hereunder.
7.4 IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY THE COMPANY, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
7.5 If the Company negligently mis-ships Goods, the Company shall pay the reasonable transportation charges incurred to return the mis-shipped Goods to the facility as the sole and exclusive remedy of the Customer; provided that the Customer has paid the original charges for the shipment. If the consignee fails to return the Goods, the Company’s maximum liability shall be for the lost or damaged Goods as specified in Section 7.4 above, and the Company shall have no liability for damages due to the consignee’s acceptance or use of the Goods whether such Goods be those of the Customer or another.
7.6 The Company will not be liable for any Claims to the extent arising out of or relating to: (a) the packaging, loading, unloading, blocking, bracing or securing of the Goods by any Person other than the Company; (b) the inherent vice or defect in the Goods, including rusting of metals, swelling of wood caused by humidity, moisture or condensation, deterioration of perishable products, or damages caused by heat or cold; (c) any force majeure events as described in these Terms; (d) an act, omission or default of Customer, including the consignor, the consignee, the beneficial owner of the Goods or other third party logistics provider; (e) shipments stopped and held in transit at Customer’s request or by any Governmental Authority; (f) the violation of any applicable law or regulation by Customer or the Goods; (g) the lack of or insufficiency of or the defective condition of the packaging in which the Goods the goods are shipped; and (h) strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general. Customer will defend, indemnify and hold the Company harmless from any Claim for loss, damage or delay to Goods in excess of the liabilities assumed under, or the limitations contained in, these Terms or filed other than in accordance with these Terms.
7.7 If the Company has paid Customer for the loss of any Goods and the Goods are subsequently found, Customer shall provide the Company written notice thereof and shall immediately refund to the Company the amount previously paid for such lost Goods.
8.1Claims by Customer and all other persons must be presented in writing to the Company within a reasonable time, and in no event any later than the earlier of: (i) 60 days after delivery of the Goods by the Company or (ii) 60 days after Customer is notified by the Company that loss or damage to part or all of the Goods has occurred.
8.2 No lawsuit or other action may be maintained by Customer or others against the Company for loss or damage to the Goods unless timely written claim has been given as provided in Section 8.1 and unless such lawsuit or other action is commenced by no later than the earlier of: (i) nine months after date of delivery by the Company or (ii) nine months after Customer is notified that loss or damage to part or all of the Goods has occurred.
8.3 When Goods have not been delivered, notice may be given of known loss or damage to the Goods by mailing of a letter via certified mail or overnight delivery to the Customer. Time limitations for presentation of claim in writing and maintaining of action after notice begin on the date of mailing of such notice by the Company.
As stated above, the Company’s pricing for Services is premised upon the Company’s limited liability. The Company does not insure the Goods for the benefit of Customer against any loss or damage, nor do the Company’s storage rates include insurance unless so specified in writing. Customer must maintain its own insurance covering the full replacement value of the Goods for the entire period of storage. Where Customer procures such insurance, Customer’ insurance shall be primary and not contributory, and Customer waives all rights of subrogation on behalf of its insurers for any loss or damage in excess of the Company’s standard liability limits set forth in this Agreement.
The Company may provide Customer access to the Company’s Warehouse Inventory Management System and other Electronic Data Interchange Systems in connection with the Company’s provision of Services (the “Company Systems”). Customer agrees to abide by the Company’s use terms and technical and security requirements applicable to the Company Systems. No third-party access to the Company Systems is permitted without the Company’s prior written consent. Any access granted to Customer may be revoked at any time, at the Company’s sole discretion, and access will terminate automatically upon the termination of this Agreement. Since the parties intend to use the Company’s WMS to track the movement of Goods from and to the Facility, Customer hereby waives the issuance of separate warehouse receipts for each lot of Goods deposited.
These Terms shall apply to all Services. Either party may terminate the Services at any time without cause upon sixty (30) days’ written notice. If either party defaults under this Agreement, the non- defaulting party may terminate this Agreement immediately upon written notice without prejudice to its right to seek appropriate damages from the defaulting party. The following events constitute defaults: (i) If either party fails to perform any covenant or meet any obligation under this Agreement and such failure continues for thirty (30) days after written notice of the default is provided to the defaulting party; or (ii) If Customer fails to pay any amount due hereunder within sixty (60) days whether or not a notice under “(i)” above is sent to the Customer. All rights and remedies accruing before termination and any terms which by their nature would survive same, shall survive any cancellation, termination or expiration of the Services. Notwithstanding any termination by the Customer, these Terms shall continue to apply during any period where Goods are under the custody or control of the Company as well as respect to any Services provided by the Company prior to termination.
The Company shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, severe weather, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, disease outbreak (and efforts to mitigate), lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, equipment, labor, Trailers or telecommunication breakdown or power outage, however caused.