Terms And conditions for shops
By signing up for a Sellox Account (as defined in Section 1) or by using any Sellox Services (as defined below), you are agreeing to abide by the following terms and conditions (the “Terms of Service”)
The services offered by Sellox under the Terms of Service include various products and services to help you sell goods and services to buyers. We refer to any such services offered by Sellox in these Terms of Services as the “Services”. Any additional features or tools which add to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service. Sellox reserves the right to update and change the Terms of Service by posting updates and changes to the Sellox website. We advise you to check the Terms of Service from time to time for any updates or changes that may affect you. And if you do not accept such amendments, you must cease using the Services.
You must read, agree with and accept all the terms and conditions contained or referenced in these Terms of Service, including Sellox’s Acceptable Use Policy (AUP) and Privacy Policy, and, the Sellox API License and Terms of Use (“API Terms”) and the Sellox Data Processing Addendum (DPA) before you may sign up for a Sellox Account or use any Sellox Service. If you offer goods or services concerning COVID-19, you must read, acknowledge, and agree to the Rules of Engagement for Sale of COVID-19 Related Products.
1. Account Terms
- To access and use the Services, you must register for a Sellox account (Account) by providing your full legal name, current address, phone number, a valid email address, and any other information showed as required. Sellox may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the holder of (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you live and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Sellox to carry business activity and not for any personal, household, or family purpose.
- You acknowledge that Sellox 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 keep your password secure. Sellox cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, 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 Shopify may cause immediate termination of your Services.
2. Account Activation
- 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 our Terms of Service and will be the person who may use any corresponding account we may provide to the Store Owner in connection with the Service.
- You ensure that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is 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. I can only associate your Sellox
- You acknowledge that Sellox 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.
Store with one Store Owner. A Store Owner may have multiple Sellox Stores.
3. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including AUP and the Privacy Policy.
- Technical support in respect of the Services is only provided to Sellox Users.
- The Terms of Service shall be governed by and interpreted under the laws of the united states of America and the laws of America applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Sellox may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Sellox’s website, available at website link and such amendments to the Terms of Service are effective as of the date of posting.
- Your continued use of the Services after the amended Terms of Service are posted to Sellox’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. You may not use the Sellox Services for any illegal or unauthorized purpose nor may you, in the use of the Service, 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 the united states of America. You will comply with all applicable laws, rules, and regulations in your use
- of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Sellox.
- Questions about the Terms of Service should be sent to Sellox support
- You understand that your Materials (not including credit card information), may be transferred encrypted 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.
- The Services allow you to send certain communications to your customers by quick message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services").
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Sellox’s Terms of Service available in another language, the most current English version of the Terms of Service at terms link will prevail. We will resolve
Sellox Rights
- We reserve the right to change or end the Services for any reason, without notice. 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.
- We may, but have no obligation to, remove Materials and suspend or end 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 AUP or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Sellox customer, Sellox employee, member, or officer will cause immediate Account termination.
- Sellox 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 market segment. You further acknowledge and agree that Sellox employees and contractors may also be Sellox
- Your continued use of the Services after the amended Terms of Service are posted to Sellox’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do noThe Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Sellox’s Terms of Service available in another language, the most current English version of the Terms of Service at terms link will prevail. We will resolve t continue to use the Service. You may not use the Sellox Services for any illegal or unauthorized purpose nor may you, in the use of the Service, 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 the united states of America. You will comply with all applicable laws, rules, and regulations in your use
- customers/merchants and that they may compete with you, although they may not use your Confidential Information 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 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.
- Sellox keeps the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we cannot reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Sellox reserves the right to disable an Account until resolution has determined between the disputing parties.
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, makes up the entire agreement between you and Sellox and governs your use of the Services and your Account.
Confidentiality
“Confidential Information” shall include, but not limited to, any information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer
- information that you receive relating to us or the Services, that known to the public including information related to our security program and practices.
- Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or known by or in the possession of the receiving party, at the time of disclosure of such information; (B) independently developed by the receiving party without the use of or reference to the other party’s Confidential Information and breaching no provisions of these Terms of Service; or (C) is thereafter rightly got by the receiving party from a source other than the disclosing party breaching no provision of these Terms of Service.
Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, Sellox shall not be liable for any direct, indirect, 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 Sellox be liable for lost profits or any special, incidental, or consequential damages 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, Sellox partners, officers, directors, agents, employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party because of 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. I provide the Services on an “as is” and “as available” basis with no warranty or condition implied or statutory.
- Sellox does not warrant that the Services will be uninterrupted, timely,
- Sellox does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Shopify does not warrant that the results that got from the use of the Services will be accurate or reliable.
- Sellox does not warrant that the quality of any products, services, information, or other materials purchased or got by you through the Services will meet your expectations, or that we will correct any errors in the Services.
Waiver, Severability, and Complete Agreement
The failure of Sellox to exercise or enforce any right or provision of the Terms of Service shall not make up 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, held by a court of competent jurisdiction to be contrary to law, such provision changed and interpreted 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, makes up the entire agreement between you and Sellox and governs your use of the Services and your Account.
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Shopify Service. All Materials you upload remain yours.
- You can remove your Sellox store 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 Sellox to store, and with Materials, you post publicly, display and use your Materials; and (c) that Sellox can review and delete all the Materials submitted to its Service, although Sellox is not obligated to do so.
- You keep ownership over all Materials you upload to the Store; however, by making your store public, you agree to allow others to view Materials you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- Sellox 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
- Cancellation and Termination
- You may cancel your Account and end the Terms of Service by contacting Sellox Support and then following the specific instructions showed to you in Sellox’s response.
- Upon termination of the Services by either party for any reason:
- Sellox will cease providing you with the Services and you can no longer 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 Sellox for your use of the Services through the effective date of such termination will immediately become due in full.
- We will take your Store website offline.
- If you purchased a domain name through Shopify, upon cancellation your domain will no longer be 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, any outstanding Fees are owing by you, you will receive one final invoice via email. Once that invoice is paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Sellox 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 before the date of termination.
- Fraud: Without limiting any other remedies, Sellox 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.
Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). 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.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods, and services.
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Sellox’s products and services. To the extent that Shopify charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. 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 Sellox of your exemption.
- For the avoidance of doubt, all sums payable by you to Sellox under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Sellox 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.
- You must maintain an accurate location in the administration menu of your Sellox Store. If you change jurisdictions you must promptly update your location in the administration menu.
- Sellox does not provide refunds.
Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from Sellox. Such notice may be provided at any time by posting the changes to the Sellox Site (sellox.io) or the administration menu of your Sellox Store via an announcement.
- Sellox 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).
- Sellox shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Beta Services
From time to time, Sellox 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 Sellox will provide to you before your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Sellox 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 prior written consent.
Feedback and Reviews
Sellox welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion, or related material or any review of the Services, Third Party Services, or any Third Party Provider (collectively, “Feedback") to Sellox be subject to any obligation of confidentiality or expectation of compensation.
By submitting Feedback to Sellox (whether submitted directly to Sellox or posted on any Sellox hosted forum or page), you waive all rights in the Feedback and that Sellox is free to implement and use the Feedback if desired, as provided by you or as modified by Sellox, without obtaining permission or license from you or any third party.
Any reviews of a Third Party Service or Third-Party Provider that you submit to Sellox must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
Sellox reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers but does not regularly inspect posted Feedback.
DMCA Notice and Takedown Procedure
Sellox supports the protection of intellectual property and asks Sellox merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their
intellectual property rights, they can send a DMCA Notice to Shopify’s designated agent
Rights of Third Parties
Save for Sellox and its affiliates, Sellox Users or anyone accessing Sellox Services according 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.
Privacy & Data Protection
Sellox is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Sellox’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.
