Terms of service
1. Account Terms
- If you are younger than 18 years old, you cannot use this Service. Alternatively, you should be at least the age of majority in your jurisdiction of residence or from where you are using this Service.
- You cannot access or use this Service without registering a proper Commerce HQ account ("Account") whereby you must provide your full legal name, present address, phone number, a valid working email address, and any other information that's necessary. At our discretion, Commerce HQ may reject your application for an account, or terminate an existing Account, for any reason.
- You accept that the email address you provide will be used as the principal method of communication.
- The security of your password is your responsibility. Any liability for any loss or damage will not be incurred by Commerce HQ for your negligence in keeping your Account and password secure.
- You hold full responsibility for any activity and content be they photos, data, graphics and links that are uploaded under your Commerce HQ Account ("Store Content"). No distribution of worms, virus, or malicious code will be tolerated.
- Any violation or breach of any term in the Terms of Services will result in a swift termination of the Account at the sole discretion of Commerce HQ.
2. Account Activation
- For the purposes of our Terms of Service, the individual signing up for the Service will be the contracting party ("Account Owner") who will be the person duly authorized to access and use any account we may make available for use by the Account Owner in relation to the Service as stated under subjection in Section 2.2.
- Your employer will be deemed the Account Owner if you're signing up for Service on their behalf.
- You acknowledge that you have the authority to have your employer bound to our Terms of Service if you're signing up for Service on their behalf.
- Once you have signed up for the Service, a Paypal Express Checkout account will be created by Commerce HQ on your behalf using your email address.
- You accept that your default payment gateways will be both Paypal Express Checkout and/or Commerce HQ Payments and that, as Account Owner, you are responsible for activating and maintaining these accounts. In the event that you wish to not keep either of these accounts active, you will be responsible for their deactivation.
- Once you have purchased your domain name through Commerce HQ, domain registration is programmed to renew automatically each year as long as your Commerce HQ Account is active. You accept that deactivation of the auto-renewal feature is totally your responsibility only.
3. General Conditions
- Only paying Account holders will be provided with technical support and this is available by email only.
- The laws of the Province of Ontario and the laws of Canada are paramount and the ultimate authority in the governance and interpretation of the Terms of Service without regards to principles of conflicts of laws. Any dispute or claim having its origins out of or in connection with the Terms of Service will be subject to the exclusive jurisdiction of the courts of the Province of Ontario and the parties irrevocably and unconditionally yield to the power of the courts in that jurisdiction. The Terms of Service are not applicable to The United Nations Convention on Contracts for the International Sale of Goods and are hereby expressly excluded.
- You accept and acquiesce that Commerce HQ can, at its discretion, amend these Terms of Service at any time by re-posting same amended and related Terms of Service on Commerce HQ's website, available at [ URL ] and that those amended Terms of Service become effective on the posting date. By continuing to use the Services after the amended Terms of Service have been posted to Commerce HQ's website, you essentially indicate that you agree to, and accept, the modified Terms of Service. If you disagree with any of the amended Terms of Service, please discontinue use of Commerce HQ�s Service.
- No illegal or unauthorized use of Commerce HQ's website will be tolerated. Neither will you violate any laws in your jurisdiction (inclusive but not limited to copyright laws) in addition to the laws of Canada and the Province of Ontario while using the Service.
- Reproduction, duplication, selling, reselling, exploitation of any aspect or use of the Service, or access to the Service without written permission is prohibited by Commerce HQ.
- Purchase of search engine or any other pay per click keywords or domain names which exhibit variations and/or trademarks or misspellings of Commerce HQ is prohibited.
- Any queries about the Terms of Service should be directed to firstname.lastname@example.org
- Be fully aware that your Store Content (excluding credit card information) may be transferred without encryption and includes (a) communication over myriad networks and (b) adapts to satisfy the requirements of associated connecting devices and/or networks. Sensitive credit card data, however, is encrypted during passage over networks.
- All Terms of Service and relevant documents are composed in English as required by the parties.
4. Commerce HQ Rights
- We withhold the right to amend or cancel the Service for any reason and without notice at any time.
- We withhold the right to bar service to any individual for any reason at any time.
- If at our sole discretion, we discover Store Content and Accounts bearing content we conclude is offensive, libellous, defamatory, pornographic, obscene, unlawful and/or violates a party's intellectual property or Terms Of Service, we may, but are not obligated, to remove this content.
- In the event that there is written abuse of any nature (inclusive of retribution or threats) to any Commerce HQ customer, Commerce HQ employee, or officer, that abuse will merit termination of Account.
- It is in our sole discretion to refuse or remove any Store Content which can he had by the Service even if Commerce HQ does not pre-screen Store Content.
- We retain the right to offer our services to your competition with no regard to exclusivity in any market segment. You also understand and concur that Commerce HQ contractors and employees may also be Commerce HQ merchants/customers who may be your competition even though they may not exploit your private data while doing so.
- Should there be a dispute about Account ownership, we reserve the right to ask for relevant documentation to prove Account ownership. While not limited to these documents: a government issued photo ID, a scanned copy of your business license, the last four digits of the credit card on file, etc. will suffice.
- At our sole discretion, Commerce HQ reserves to the right to ascertain whom the rightful Account belongs to and transference of that Account to the true owner. Failure to ascertain who the rightful Account owner is will merit temporary disabling the Account until the issue is resolved by the parties in dispute.
5. Limitation of Liability
- You fully acknowledge, understand and concur that Commerce HQ shall not be responsible or held liable for any special, direct, indirect, consequential or exemplary damages inclusive of damages for loss of profits, use, goodwill, intangible losses or data as a consequence of the use or disuse of the Service.
- Commerce HQ or our suppliers shall, in no event, be held liable for loss of profits or any incidental, special or consequential damages incurred arising from or in connection with our Site, our services or these Terms of Service. You concur to indemnify and hold us harmless from any claim or demand, inclusive of attorneys fees, initiated by any third party owing to or arising out of your violation of these Terms of Service or the documents it constitutes via reference, or your breach of any rights or any law of a third party. This indemnification and your agreement to hold us not liable for these claims or demands applies and extends also to our parent, affiliates, subsidiaries, Commerce HQ partners, officers, directors, employees and agents.
- You use Commerce HQ at your own risk. Provision of the Service is made on an "as is" and "as available" basis. This is done without warranty or condition, expressed or implied or statutory.
- Commerce HQ claims no warranty that the Service will be timely, secure, uninterrupted for free from error.
- Commerce HQ does not claim warranty that your outcome that may be procured from the use of the Service will be reliable or accurate.
- If the quality of any products, information, services, or other materials paid for or you come into possession of through the Service do not meet your expectations, Commerce HQ will not claim warranty for that. Neither does Commerce HQ warrant that any errors in the Service will be fixed.
6. Waiver and Complete Agreement
In the event that Commerce HQ fails to exercise or execute any right or provision of the Terms of Service that inaction is not to be warranted as a waiver of such provision or right. The entire agreement between you and Commerce HQ are contained in the Terms of Service and your use is subject to those Terms, above and beyond any previous agreements between Account owner and Commerce HQ (inclusive of any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We will not assert ownership over any intellectual property you provide to the Commerce HQ service. Any material uploaded by you is yours. You are free to terminate your Commerce HQ store at anytime by simply deleting it.
- When you upload content to your Store, you concur that (a) other Internet users can view your Store Content ; (b) Commerce HQ can showcase and store your Store Content; and (c) Commerce HQ is, within its right, able to review all Content submitted by you to the Service.
- You hold all ownership and rights to all Store Content you upload to a Commerce HQ store; said Store is viewable by the public once you agree to allow Internet users to view its contents. You hold yourself responsible Store Content compliance with any relevant laws or regulations.
- Your confidential data will not be revealed to third parties except when mandatory in provision of Services. Any material or information provided by you which is not publicly known is deemed confidential. Exceptions to what is considered confidential information includes (a) information which existed in the public domain at the time when Commerce HQ received it; (b) information that finds its way into public domain AFTER receipt by us through no fault of our own and (c) receipt of information from someone other than yourself while still upholding our obligatory confidentiality; or (d) information that procures mandatory disclosure by law.
- We reserve the non-exclusive right and license to use, in the promotion of our Service, your names, service marks, trademarks and logos associated with your Store.
8. Payment of Fees
- In order to process orders using a live payment gateway, a valid credit card must be provided. If the Account is used for development purposes (cannot process orders using a live gateway), a valid credit is not required.
- You will be billed for Service every 30 days. Once your billing period matures, the Account Owner will receive an invoice to the email address on account. Plus, an invoice will also be presented on the Account page of your Commerce HQ administration console. If there are any issues with billing, users have approximately two weeks to bring up and settle those issues.
- All fees do not include relevant local, state, provincial, federal or governmental sales, goods and services, harmonized or additional taxes, charges or fees presently in effect or implemented as law in the future.
- You are responsible for all relevant Taxes arising from or as a result of your subscription to or purchase of Commerce HQ's products and services, if you are a resident of Canada. The Tax rates are calculated based on the Canadian billing address you provide us. In addition to fees for products and services, such amounts will be billed to said credit card used to make payments for products and services. You will be exempt from such Taxes only if you submit an original certificate which expressly states and meets specific legal requirements supporting your exemption from such Taxes.
- If you are a US resident, applicable Taxes may be applied to your subscription to or on payment of some or all of Commerce HQ's products and services. These include, without limitation, your subscription to or payment of Commerce HQ's Online Services, POS Equipment, apps, POS Services, Themes and domains. At the time of purchase, any applicable taxes will be based on the rates applicable to the US billing address provided to us. In addition to the fees for the Taxable Offerings, such amounts will be billed to the credit card used to pay for the Taxable Offerings. Should you be exempt from such payments, an original certificate which expressly states and meets specific legal requirements supporting your exemption from such Taxes must be provided. Such exemption status will only be applied from and after the receipt of such certificate.
- If you are neither a Canadian resident nor a U.S. resident, and Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in lieu of your subscription to or payment of Commerce HQ's products and services are not applicable to you, you must send us a statement by email to [ EMAIL ] stating that (1) you are neither a US nor Canadian resident (2) you aren't registered to pay GST/HST and (3) you can prove that you're an individual and not a corporate or legal entity and that you were not physically in Canada at the time when you accessed Commerce HQ's products and services. Your full home and/or business address should be included in the statement. Failure to provide such information will result in being charged at the full rate for Taxes applicable to your subscription to or payment for Commerce HQ's goods and services to you credit card until you provide us with the information confirming your status. You must advise us immediately by email to [ EMAIL ] if your business activity changes from your location to one in Canada or U.S., to the extent that you are an individual and not a corporate or legal entity.
- No refunds are provided by Commerce HQ.
13. Cancellation and Termination
- To cancel your Account, simply email email@example.com and then follow the procedures outlined to you in Commerce HQ's response.
- Once either party terminates the Services for any reason:
- There will be no more provision of Services by Commerce HQ and you will be unable to gain access to your Account;
- no refunds of any fees will be provided, pro rata or otherwise, unless stated otherwise in the Terms Of Service;
- any outstanding balances owing to Commerce HQ for use of Services through to the specific date of termination will become payable in full;
- your store will be cease to exist online.
- there will be no automatic renewal of your domain if you purchased your domain through Commerce HQ. Subsequent to cancellation, it is your responsibility to liaise with your domain provider in all matters related to its functions.
- If there are any outstanding balances owed by you at the time of termination of Service, one final invoice will be emailed to you. Upon payment of that invoice in full, there will be no further charges to you.
- It is ours and we reserve the right to make changes to or cancel the Commerce HQ service or cancel your Account for any reason whatsoever without notice and at any time.
- Fraud: Commerce HQ may suspend or terminate your Account if it is suspected that you (by settlement, conviction, insurance or escrow violation, or otherwise) have committed fraud in connection with the Site and this will be done without limiting any other remedies.
14. Modifications to the Service and Prices
After 30 days notice from Commerce HQ, prices for using the Services are subject to change. This notice may be provided in the administration menu of your Commerce HQ console or via announcement or by posting these changes to the Commerce HQ Site at any time. We withhold and reserve the right to, at any time, or from time to time, make changes to or cancel the Service (or any part of it) with or without notice. We will not be held liable for any of those price changes, modifications, suspension or cancellation of the Service.
15. Third Party Services
- You acquiesce to being bound by extra terms specific to services you pay for, or are offered by Commerce HQ's partners or related third parties in addition to Commerce HQ's principal Terms of Service.
- Occasionally, Commerce HQ may recommend, enable, or make accessible, third party software, products, applications ("Apps") services, or web links (altogether, "Third Party Services") for your review or use, inclusive but not limited to the Commerce HQ Store. You acknowledge that these Third Party Services are offered as a matter of convenience and there is no obligation to purchase. However, if you do, such purchases, access, or use of these Third Party Services is between you and the Third Party Services only and you do so at your own risk and discretion. You are responsible for reading the conditions and terms and/or privacy policies of said Third Party Services before engaging them.
- No warranties in accordance with Third Party Services are provided. You accept that Commerce HQ does not govern Third Party Services, and, as such, will not be held liable or responsible for any issues arising from these Third Party Services. There is no endorsement, or implication of such, or authorization, or sponsorship, or affiliation by Commerce HQ simply because of the availability of Third Party Services on the Commerce HQ Site, including Commerce HQ's App Store, or by combining or enabling such Third Party Services. It is our recommendation that you consult the advice of specialists prior to using or depending on Third Party Services to ascertain that your expectations will be met. Tax calculators, specifically, should be referenced only and not be substituted for expert tax advice when determining the accurate taxes your customers should pay.
- In the event that you install or apply a Third Party Service in conjunction with Commerce HQ's Service, permission is granted to Commerce HQ to make your data accessible to the Third Party Provider to execute actions necessary to for the seamless interaction between such Third Party Provider with the Services. Any passing of data or collaboration with the Third Party Provider is strictly between both you and that entity. If there are any losses or damages you may suffer as a direct result of access by a Third Party Service, or Third Party Provider, Commerce HQ will assume no responsibility for any modification, disclosure, or deletion of your data or Store Content.
- Commerce HQ will, under no circumstances, be held liable or responsible for any indirect, direct, consequential, punitive, incidental, extraordinary, exemplary or any other damages that are a consequence of Third Party Services or from any collaboration by contract with any Third Party Provider inclusive of any Expert. Even when Commerce HQ has been apprised of such possibility of damages, these limitations shall still apply and are applicable under the fullest extent permitted by same applicable law.
16. DMCA Notice and Takedown Procedure
We ask Commerce HQ merchants to support and uphold the protection of intellectual property as much as Commerce HQ does. If there are any reports of alleged copyright infringement, it is our policy to respond swiftly. In the event that it is suspected that one of Commerce HQ's merchants is accused of copyright violations, you can send a DMCA Notice to the relevant Commerce HQ personnel using our form and they will deal with the claim. Once the DMCA Notice is received, the material claimed to be copyright infringed may be removed or may be denied access. Subsequent to the provision of a takedown notice to the merchant, such merchant can counter with a notification using our form if they believe the other party has used faulty judgement. After receipt of a counter notification from the original complainant, such complainant has 14 days to procure a court order barring the merchant from perpetual copyright infringement. Failing that, the material will be restored. See our DMCA Notice and Takedown procedure for more details.