Types of Applets
Finding Applets and Placing Orders
Your Order will identify the Vendor, your authorized scope of use of the Applet (such as the platform or number of seats) and license or subscription term, as applicable. Once you complete your Order, Bigledger will provide you with access to the applicable Applets , including any relevant license or access keys, as described in the Marketplace Policies.
Returns and refunds of Akaun.com Applets are governed by the Bigledger Terms. For Third Party Applets, you have thirty (30) days from the date you place your Order to cancel your Order and return the Applet. If you cancel your Order of a Third Party Applet within this 30-day period, Bigledger will refund the amount you paid for the applicable Third Party Applet, and you must cease using the Applet and delete any copies of the Applet in your possession. Except as expressly provided, all Orders are non-cancelable and non-refundable.
The Akaun.com Marketplace may offer free trial periods for Applets. After expiration of the trial period, if you do not place an Order for the Applet, the Applet will cease to function and you must cease using and delete your copies of the Applet and any related license or access keys.
Use of Marketplace Applets
Third Party Applets. Third Party Applets are subject to the third party’s Vendor Terms, not the Bigledger Terms. By ordering, installing or enabling any Third Party Applet, you are entering into the Vendor Terms directly with the applicable third party Vendor. Bigledger is not a party to, or responsible for compliance with, any third party Vendor Terms, and does not guarantee any third party Vendor Terms are adequate for your own needs.
Support and Maintenance
Any support and maintenance of Third Party Applets will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. Bigledger is not responsible for any support and maintenance for Third Party Applets, and a Vendor’s failure to provide any support or maintenance does not entitle you to any refund. If Bigledger is the Vendor, it will provide any support and maintenance in accordance with the Bigledger Terms.
Reservation of Rights
Data Collection and Sharing
If you order a Marketplace Applet through Bigledger, Bigledger will provide the Vendor with the information you provide in completing the order, such as your name, company name (if any), addresses (including e-mail address) and phone number.
Third Party Vendor Use of Data
As referenced in the Bigledger Terms, if you place an Order for Third Party Applets, you authorize Vendors to access or use certain data in the applicable Bigledger Products. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third party systems. Any third party Vendor’s use of accessed data (whether data in the Bigledger Products or separately collected from you or your device) is subject to the applicable Vendor Terms. Bigledger is not responsible for any access, use, transfer or security of data or information by third party Vendors or by Third Party Applets, or for the security or privacy practices of any third party Vendor, Third Party Applet or their processors. You are solely responsible for your decision to permit any third party Vendor or Third Party Applet to access or use data to which you’ve granted access. It is your responsibility to carefully review the Vendor Terms, as provided by the applicable third party Vendor.
Bigledger Use of Data
Analytics and Usage Data
In addition, you authorize the Vendor and Bigledger (if Bigledger is not the Vendor) to collect and use technical data and related information (including technical information relating to your device, system, and the Applet), in non-personally identifiable form, to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Applet. Vendor and Bigledger (if Bigledger is not the Vendor) may each use this information, as long as it is in a form that does not personally identify individual users, to improve their respective products or to provide services or technology to you (including with respect to Bigledger, the Akaun.com Marketplace and Bigledger Products).
Reviews of Marketplace Applets
The Akaun.com Marketplace allows users to post reviews (e.g., a star rating) of Akaun.com Applets and to post comments on your or other users’ reviews.
User Names Displayed
Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her Bigledger account). Users who do not want their names or other profile information (such as profile photographs) to appear may not post reviews or comments on the Akaun.com Marketplace.
Rules for Reviews
All reviews and comments must comply with Bigledger’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:
Reviews must be made in good faith after reasonable evaluation of the relevant Applet.
Users may post only one review per Applet, unless the latter review reflects a good-faith rating change based on further evaluation. Any modified reviews will be marked as “edited”.
You (including anyone acting on your behalf) may not review or comment on your own Applet, an Applet owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Applet listing.
A Review must evaluate the Applet itself and not be an evaluation of the underlying product with which the Applet integrates or functions.
Reviews or comments unrelated to the relevant Applet are prohibited – for example, discussing Bigledger’s employees, business or stock, or those of other companies, or unrelated products or services.
Bigledger reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Akaun.com Marketplace. Bigledger does not claim ownership of the content of reviews or comments you post on the Akaun.com Marketplace. However, you hereby grant Bigledger a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
Representations and Warranties
Compliance with Law and Reservation of Rights
You must use the Akaun.com Marketplace and Marketplace Applet in compliance with all applicable laws.
Term and Termination
Discontinuation of Marketplace
Effect on Applets
Important Disclaimers and Limitations of Liability
Third Party Applets
Removal of Applets
At any time, Bigledger may remove an Applets from the Akaun.com Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own Applets at any time.
Bigledger makes no guarantee that any Applets will work properly with Bigledger Products or that Applets will continue to work with Bigledger Products as they change over time. Some Applets rely on hosted or cloud services provided by the Vendor or third parties, and these Applets may not function properly or may become inoperable if those services are discontinued.
Disclaimer of Warranties
To the maximum extent permitted by law, Bigledger offers the Akaun.com Marketplace and all Third Party Applets “AS IS” and “AS AVAILABLE”, and Bigledger hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to the Akaun.com Marketplace or this Agreement. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law.
Limitations of Liability
Disclaimers and Limitations of Liability for Bigledger Applets
Disclaimer of Warranties and Limitations of Liability do not alter the disclaimers or limitations of liability for Bigledger Applets in the Bigledger Terms, which continue to fully apply.
Basis of Bargain; Failure of Essential Purpose
Bigledger Affiliates and Contractors
Dispute Resolution; Governing Law
Governing Law; Jurisdiction
Injunctive Relief; Enforcement
Changes to Terms
Reporting Copyright and Trademark Violations
If you believe that any content in the Akaun.com Marketplace violates your copyright, please follow the process described at Reporting Copyright and Trademark Violations.
Export Laws and Regulations
You may not use or otherwise export or re-export the Marketplace Applets except as authorized by Malaysia law and the laws of the jurisdiction in which the Applet was obtained. You agree not to use or provide the Applets for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the Malaysia government.