This contract describes the general terms and conditions (the "General Terms and Conditions") applicable to the use of the services offered by ClickUpsell, Anyone wishing to access the services may do so subject to the General Terms and Conditions, together with all other policies and principles governing ClickUpsell and which are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND / OR THE SERVICES.
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated therein by reference, prior to contracting with ClickUpsell.
01 - Capacity
The Services are only available to persons who have the legal capacity to contract. The services may not be used by persons who do not have that capacity, minors or ClickUpsell Users who have been temporarily suspended or permanently disabled. If you are registering a User as a Company, you must have the capacity to contract on behalf of such entity and to bind it under the terms of this Agreement.
02 - Registration
It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by ClickUpsell. The future User must complete it with his personal information in an accurate, accurate and true manner ("Personal Data") and undertakes to update the Personal Data as necessary. ClickUpsell may use various means to identify its Users. Users guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data entered.
ClickUpsell reserves the right to request any proof and / or additional data in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, the operation of the application on the client's shopify platform will be stopped, without this generating any right to compensation.
03 – Contracting and payment
When contracting with ClickUpsell the system is installed in the customer's Shopify account, the service has a monthly cost which will be automatically deducted from the means of payment associated by the client, in case no funds are found in the means of payment a notice will be sent and the system will stop working until the payment is made.
By adhering to these Terms and Conditions, Users undertake to comply with current tax regulations, as well as to avoid any maneuver that could import money laundering from the crimes of tax evasion, smuggling or any other crime provided for in the legislation that involves tax fraud..
04 – Shopify Terms
2.1 Store Owner
Pursuant to Clause 2.1(2), the person who registers for the Service by opening an account shall be the contracting party (hereinafter "Store Owner") for the purposes of our Terms of Service and shall be the person authorized to use any applicable account that we provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the business name of the company that owns the store, if applicable) is clearly visible on the Store's website.
If you register for the Services on behalf of your employer, your employer will be the Store Owner. If you register for the Services on behalf of your employer, you must use the email address issued by your employer and declare and certify that you have the authority to bind your employer to our Terms of Service.
Your Shopify store can only be associated with one Store Owner. A Store Owner can have multiple Shopify stores. "Store" means the online store or retail establishment(s) associated with the account.
2.2 Employee Accounts
Depending on your Shopify pricing plan, you may create one or more employee accounts (hereinafter "Employee Accounts") that allow others to access the account. With Employee Accounts, the Store Owner can set permissions and allow others to work on their account and determine the level of Employee Accounts access to specific business information (for example, they can limit Employee Accounts' access to sales information on the Reports page or prevent Employee Accounts from changing general store settings).
The Store Owner is responsible for any acts, omissions or failures resulting from the use of the Employee Accounts in the performance of the obligations set forth in these Terms of Service as if they were acts, omissions or failures of the Store Owner.
The Store Owner and users of Employee Accounts are known as a "Shopify User."
2.3 PayPal Express Checkout and Shopify Payments accounts
Upon completion of registration for the Service, Shopify will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Shopify can also create a Shopify Payments account in your name.
You acknowledge that PayPal Express Checkout and/or Shopify Payments will be your default payment gateway(s) and that it is your sole responsibility as Store Owner to activate and maintain this account(s). If you do not wish to keep any of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is an external Service as defined in Clause 17 of these Terms of Service.
2.4 Apple Pay for Safari account
Upon completion of registering for the Service, Shopify will create an Apple Pay for Safari (hereinafter "Apple Pay") account on your behalf, using the URL(s) and business name associated with your account. Depending on where you are, Shopify may activate your Apple Pay account on your behalf, otherwise you will be prompted to activate your Apple Pay account in the account control panel. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a third-party Service as defined in Section 17 of these Terms of Service.
If you use an Apple Pay-compatible payment gateway and your customers have enabled Apple Pay on their devices, customers can purchase goods and services from your store using Apple Pay.
By using Apple Pay in your store, you agree to the Apple Pay Platform Web Merchant Terms and Conditions, which may be amended by Apple from time to time. If Apple makes amendments to the Apple Pay Platform Web Merchant Terms and Conditions, the modified and updated version will be posted here: https://www.shopify.com/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms will be effective as of the date of posting. Your continued use of Apple Pay in your store following the posting of the modification to the Apple Pay Platform Web Merchant Terms constitutes your agreement and acceptance of the modifications made to the Apple Pay Platform Web Merchant Terms. If you do not agree with any of the changes made to the Apple Pay Platform Web Merchant Terms, please deactivate your Apple Pay account and do not continue to use Apple Pay in your store.
2.5 Google Pay
Upon completion of signing up for the Service, if you have been enrolled in Shopify Payments, Shopify will also create a Google Pay account in your name. If you do not wish to keep your Google Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Pay is an external Service as defined in Clause 17 of these Terms of Service.
If you use a payment gateway that supports Google Pay and your customers have enabled Google Pay, customers can purchase goods and services from your store using Google Pay.
By using Google Pay in your store, you agree to the Google Pay API Terms of Service, which may be modified by Google from time to time. If Google amends the Google Pay API Terms of Service, the modified and updated version will be published here: https://payments.developers.google.com/terms/sellertos. Such modifications to the Google Pay API Terms of Service will be effective as of the date of posting. Your continued use of Google Pay in your store following the posting of the amended Google Pay API Terms of Service constitutes your agreement and acceptance of the amended Google Pay API Terms of Service. If you do not agree with any of the changes to the Google Pay API Terms of Service, please deactivate your Google Pay account and do not continue to use Google Pay in your Store.
2.6 Facebook Pay
Upon completion of registration for the Service, if you have signed up for Shopify Payments, Shopify will also create a Facebook Pay account in your name. If you do not wish to keep your Facebook Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Facebook Pay is an external Service as defined in Clause 17 of these Terms of Service.
If you use a Facebook Pay-compatible payment gateway and your customers have enabled Facebook Pay, customers can purchase goods and services from your store using Facebook Pay.
By using Facebook Pay in your store, you agree to the Facebook Pay Merchant Terms and Conditions, which may be modified by Facebook from time to time. If Facebook amends the Facebook Pay Merchant Terms and Conditions, those modifications will be effective as of the date of publication by Facebook. Your continued use of Facebook Pay in your store following the posting of the amended Facebook Pay Merchant Terms and Conditions constitutes your agreement and acceptance of the Facebook Pay Merchant Terms and Conditions. If you do not agree with any of the changes to the Facebook Pay Merchant Terms and Conditions, deactivate your Facebook Pay account and do not continue to use Facebook Pay in your store.
2.7 Domain names
When you purchase a domain name through Shopify, the annual automatic renewal of the domain registration will be set by default, as long as your Shopify account remains active. You acknowledge that it is your sole responsibility to disable the auto-renewal feature if you so wish.
- Shopify General Terms and Conditions
05 – Shopify General Terms and Conditions
Customer service in connection with the Services is only offered to Shopify Users.
The Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and applicable laws of Canada, without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service and is expressly excluded from this document.
You acknowledge and agree that Shopify may amend these Terms of Service at any time by posting the applicable modified and restated Terms of Service on the Shopify website, available at /legal/rules-of-engagement-covid19 and that such amendments to the Terms of Service will be effective as of the date of posting. Your continued use of the Services following the posting of the amended Terms of Service on the Shopify website constitutes your agreement to and acceptance of the amended Terms of Service. If you do not agree to any of the changes made to the Terms of Service, do not continue to use the Service.
You may not use the Shopify Services for any illegal or unauthorized purpose, nor may you, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws), laws that apply 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 when using the Service and in fulfilling your obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Services, or access to the Services without Shopify's express written permission.
You must not purchase search engine keywords or other pay-per-click words (such as Google AdWords) or domain names that use Shopify or Shopify's trademarks and/or variations thereto or with another similar spelling.8. Questions about the Terms of Service should be submitted to Shopify Customer Service.
You understand that your Materials (excluding credit card information) may be transferred unencrypted and involve (a) transmissions on various networks; and (b) changes to meet and adapt to the 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 through the short message service (SMS) (for example, sending order confirmation notifications via SMS) (hereinafter the "SMS Services"). You will only use the SMS Services in accordance with these Terms of Service, [Acceptable Use Policy] of Nexmo Inc. (https://help.shopify.com/es/questions), and the laws of the jurisdiction from which you send and receive messages
The Terms of Service may be available in languages other than English. In the event of any discrepancy or conflict between the English Terms of Service and the version of the Shopify Terms of Service available in other languages, the most current English version of those Terms of Service available in https://www.shopify.com.co/legal/privacidad shall prevail.
All terms and provisions of these Terms of Service shall be binding and shall benefit the signatories to these Terms and their respective legatees, successors, authorized assigns and legal representatives. Shopify may assign these Terms of Service without your notice or consent. You shall not have the right to assign or transfer these Terms of Service, or any of your rights or obligations under them, to third parties without Shopify's prior written consent, which Shopify will grant or reject in its sole discretion.
If any provision, or any part thereof, contemplated in these Terms of Service, for any reason, is held to be invalid, illegal or unenforceable in any respect, such nullity, illegality or unenforceability shall not affect any other provision (or the unaffected part of the provision) of the Terms of Service, and the Terms of Service shall be construed as if such invalid provision, illegal or unenforceable, or part of the provision, would never have been included in the Terms of Service.
Clauses 1, 3(2)-(5), 4, 6-8, 14-15, 17(9)-(11), 19, 21 and 22 shall survive termination or expiration of these Terms of Service.