Terms Of Service
Terms of Service
Terms of Service
By signing up for a Storeplum Account (as defined in Section 1) or by using any Storeplum Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Storeplum” means the applicable Storeplum Contracting Party (as defined in Section 4 below).
1. Account Terms
To access and use the Services, you must register for a Storeplum account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. You confirm that you are receiving any Services provided by Storeplum for the purposes of carrying on a business activity and not for any personal, household or family purpose. You acknowledge that Storeplum will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Storeplum and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Storeplum can only be authenticated if they come from your primary Account email address. You are responsible for keeping your password secure. Storeplum cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You acknowledge that you are responsible for the creation and operation of your Storeplum Store. Storeplum Champ may help you with the initial store setup. Storeplum Champ will not be responsible for maintaining your store or any misuse of the store in any way. Storeplum is not a marketplace. Any contract of sale through your Storeplum Store is directly between you and the buyer. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Storeplum may result in an immediate termination of your Services.
2. Account Activation
2.1 Store Owner Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service. Your Storeplum Store can only be associated with one Store Owner. A Store Owner may have multiple Storeplum Stores. “Store” means the online store. 2.2 Staff Accounts Based on your Storeplum pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings). The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults. The Store Owner and the users under Staff Accounts are each referred to as a “Storeplum User”. 2.3 Storeplum Billdesk Payments Accounts Upon completion of sign up for the Service, Storeplum will create a Billdesk account on your behalf, using your email address. You acknowledge that Billdesk gateway will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, Billdesk is a Third Party Service, as defined in Section 17 of these Terms of Service. 2.4 Domain Names Domain names are purchased separately from Third Party Service providers which are in no way associated with Storeplum. Your Storeplum Store will be connected with the Domain Name provided by you. You acknowledge that it is your sole responsibility to manage subscription of your Domain Name with your provider. Storeplum will not be responsible in any way in an event of expiration of Domain Name.
3. General Conditions
4. Storeplum Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Storeplum customer, Storeplum employee, member, or officer will result in immediate Account termination. Storeplum does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Storeplum employees and contractors may also be Storeplum customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 5) in doing so. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc. Storeplum retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Storeplum reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Storeplum’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
6. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Storeplum shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service. To the extent permitted by applicable laws, in no event shall Storeplum or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Storeplum partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Storeplum does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Storeplum does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. Storeplum is not responsible for any of your tax obligations or liabilities related to the use of Storeplum’s Services. Storeplum does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
7. Waiver, Severability, and Complete Agreement
The failure of Storeplum to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Storeplum and govern your use of the Services and your Account, superseding any prior agreements between you and Storeplum (including, but not limited to, any prior versions of the Terms of Service).
8. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Storeplum Service. All Materials you upload to your Storeplum Store remain yours. You can remove your Storeplum Store at any time by deleting your Account. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Storeplum to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Storeplum can, at any time, review and delete all the Materials submitted to its Service, although Storeplum is not obligated to do so. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations. Storeplum shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
9. Payment of Fees
You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Storeplum Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Storeplum Payments or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”. Subscription Fees are paid in advance and will be billed annually on the day of activating your plan (“Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Storeplum’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Storeplum reserves the right to terminate your Account. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Services Tax under the Goods and Services Tax Act), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Storeplum’s products and services. To the extent that Storeplum charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Storeplum of your exemption. If you are not charged Taxes by Storeplum, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction. For the avoidance of doubt, all sums payable by you to Storeplum under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Storeplum to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Storeplum shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required. You are responsible for all applicable Taxes that arise from or as a result of any sale on your Storeplum Store. Storeplum does not provide refunds.
10. Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by contacting Storeplum Support and then following the specific instructions indicated to you in Storeplum’s response. Upon termination of the Services by either party for any reason: Storeplum will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Storeplum for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Store website will be taken offline. If you purchased a domain name through Storeplum, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. We reserve the right to modify or terminate the Storeplum Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination. Fraud: Without limiting any other remedies, Storeplum may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
11. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from Storeplum. Such notice may be provided at any time by posting the changes to the Storeplum Site (Storeplum.in) or the administration menu of your Storeplum Store via an announcement. Storeplum reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law). Storeplum shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. Beta Services
From time to time, Storeplum may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Storeplum will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Storeplum Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Storeplum’s prior written consent. Storeplum makes no representations or warranties that the Beta Services will function. Storeplum may discontinue the Beta Services at any time in its sole discretion. Storeplum will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Storeplum may change or not release a final or commercial version of a Beta Service at our sole discretion.
13. Rights of Third Parties
Save for Storeplum and its affiliates, Storeplum Users or anyone accessing Storeplum Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
14. Privacy & Data Protection