Last updated on: August 25, 2018

 

By signing up for the Commerce7 service (“Service”) or utilizing any of the services of Commerce7 Platform Inc. (“Commerce7”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Commerce7’s Services help you create and manage a retail store; whether an online store, a physical retail store, or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.commerce7.com/terms. Commerce7 reserves the right to change the Terms of Service by posting updates to the Commerce7 website; therefore, users should periodically look for updates.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Commerce7’s Privacy Policy before you may become a Commerce7 user. By using Commerce7 or any Commerce7 Platform Inc. services, you are agreeing to these terms.

1. Account Terms

  1. You must be 18 years or older to use this Service.
  2. To access and use the Services, you must register for a Commerce7 account (“Account”) by providing your full legal name, phone number, a valid email address, and any other information indicated as required in the signup process.
  3. Commerce7 may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  4. You acknowledge that Commerce7 will use the email address you provide as the primary method for communication.
  5. You are responsible for keeping your password secure. Commerce7 cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  6. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Commerce7 Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  7. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Commerce7 will result in an immediate termination of your services.

2. Account Activation

  1. The person signing up for the Service will be the contracting party (“Account Owner”).
  2. If you are signing up for the Service on behalf of your employer, your employer is considered the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. You acknowledge that Stripe will be your default payment gateway and that Commerce7 will sign you up for a Stripe account using the same email address. It is the Account Owner’s responsibility to keep their payment accounts active, and to deactivate them, if necessary.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy at http://www.commerce7.com/privacy before you can use Commerce7 Platform Inc.

  1. Technical support is only provided to paying Account holders and is only available via email.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws. Any dispute or claim arising out of or in connection with the Terms of Service will be dealt with the exclusive jurisdiction of the courts of the Province of British Columbia.
  3. You acknowledge and agree that Commerce7 may amend these Terms of Service at any time by posting updated Terms of Service on Commerce7’s website, available at https://www.commerce7.com/terms and are immediately effective. Your continued use of the Services means that you agree to, and accept the updated Terms of Service.
  4. You may not use the Commerce7 service for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of British Columbia. You will comply with all applicable laws, rules and regulations in your use of the Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Commerce7.
  6. Questions about the Terms of Service should be sent to support@commerce7.com.
  7. You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

4. Commerce7 Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Commerce7 customer, Commerce7 employee, member, or officer will result in immediate Account termination.
  5. Commerce7 does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.

5. Limitation of Liability

  1. You expressly understand and agree that Commerce7 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.
  2. In no event shall Commerce7 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, Commerce7 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, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Service is “as is” so it may have errors or interruptions and Commerce7 provides no warranties.
  5. Commerce7 does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Complete Agreement

The failure of Commerce7 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Commerce7 and govern your use of the Service, superseding any prior agreements between you and Commerce7 (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

  1. 1. You hereby grants Commerce7 a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right and license to use and share all Customer data that Commerce7 may obtain through (a) accessing the Sites, (b) providing the Services, (c) access to data from third parties regarding Customer’s use of Third Party Applications or Third Party Web Services or other Third-Party Content (including analytics data and any unique account identifiers) for the purposes of (i) providing Support Services and other services to Customer; (ii) improving the Commerce7 Software and the Services; (iii) performing analyses related to the Commerce7 Software and Customer’s use of the Commerce7 Software and the Services (iv) conducting marketing and/or advertising campaigns. The foregoing license includes the right for Commerce7 to develop and publish or otherwise make available broadly applicable insights regarding aggregated data but only when the data has been aggregated or de-identified so that such insights cannot reasonably be used to identify End-Users or the Customer.
  2. We do not claim any intellectual property rights over the material you provide to the Commerce7 service. All material you upload remains yours. You can remove your Commerce7 store at any time by deleting your Account. We will not be able to recover content lost once your store is deleted.
  3. You retain ownership over all Store Content that you upload to a Commerce7 store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services.
  5. Commerce7 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.
  6. You acknowledge and agree that we (or our licensors) own all right, title and interest in and to the Services, including any intellectual property rights in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). We (or our licensors) own all right, title and interest in and to any enhancements, modifications, design changes, software updates and supplements related to the Services, even if paid for by you.

8. Cancellation and Termination

  1. You may cancel your Account at anytime by emailing sales@commerce7.com and then following the specific instructions indicated to you in Commerce7’s response.
  2. Upon termination of the Services by either party for any reason: a. Commerce7 will cease providing you with the Services and you will no longer be able to access your Account; b. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; and c. any outstanding balance owed to Commerce7 for your use of the Services through the effective date of such termination will immediately become due and payable in full.
  3. 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.
  4. We reserve the right to modify or terminate the Commerce7 Service or your Account for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, Commerce7 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 Site.

9. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days’ notice from Commerce7. Such notice may be provided at any time by posting the changes to the Commerce7 Site or the administration menu of your Commerce7 store via an announcement.
  2. Commerce7 reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Commerce7 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.