By signing up for the Woopsems service (“Service”) or any of the services of Woopsems Inc. (“Woopsems”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Woopsems under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), 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 http://woopsems.com/terms. Woopsems reserves the right to update and change the Terms of Service by posting updates and changes to the Woopsems website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. Account Terms
- 1.You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- 2.To access and use the Services, you must register for a Woopsems account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Woopsems may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- 3.You acknowledge that Woopsems will use the email address you provide as the primary method for communication.
- 4.You are responsible for keeping your password secure. Woopsems cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- 5.You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Woopsems Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- 6.A breach or violation of any term in the Terms of Service as determined in the sole discretion of Woopsems will result in an immediate termination of your services.
2. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may become a member of Woopsems.
- 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 Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. 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.
- 3. You acknowledge and agree that Woopsems may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Woopsems’s website, available at http://woopsems.com/terms 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 Woopsems’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.
- 4. You may not use the Woopsems service 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 Canada and the Province of Ontario. 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 Woopsems.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Woopsems or Woopsems trademarks and/or variations and misspellings thereof
- 7. Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- 8. 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.
- 9. The parties have required that the Terms of Service and all documents relating there to be drawn up in English.
3. Limitation of Liability
- 1. You expressly understand and agree that Woopsems 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 Woopsems 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, Woopsems 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. Woopsems does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- 5. Woopsems does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- 6. Woopsems 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.