Last updated on: January 24, 2022

By signing up for a FamShop Account (as defined in Section 1) or by using any FamShop Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “FamShop” means the applicable FamShop Contracting Party (as defined in Section 4 below).

The services offered by FamShop under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store, in person (“POS Services”), or both. Any such services offered by FamShop are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. FamShop reserves the right to update and change the Terms of Service by posting updates and changes to the FamShop website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including FamShop Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Supplementary Terms of Service for E.U. Merchants (“EU Terms”), the FamShop API License and Terms of Use (“API Terms”) and the FamShop Data Processing Addendum (“DPA”) before you may sign up for a FamShop Account or use any FamShop Service. Additionally, if you offer goods or services in relation to COVID-19, you must read, acknowledge and agree to the Rules of Engagement for Sale of COVID-19 Related Products.

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using FamShop or any FamShop services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

    1. To access and use the Services, you must register for a FamShop account (“Account”) by providing your full legal names,  phone number, a valid email address, and any other information indicated as required. FamShop may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
    2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
    3. You confirm that you are receiving any Services provided by FamShop for the purposes of carrying on a business activity and not for any personal, household or family purpose.
    4. You acknowledge that FamShop 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 must monitor the primary Account email address you provide to FamShop and your primary Account email address must be capable of both sending and receiving messages. Your email communications with FamShop can only be authenticated if they come from your primary Account email address.
    5. You are responsible for keeping your password secure. FamShop 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 acknowledge that you are responsible for the creation and operation of your FamShop Store.
    7. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your FamShop Store.
    8. FamShop is not a marketplace. Any contract of sale through your FamShop Store is directly between you and the buyer.
    9. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
    10. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of FamShop may result in an immediate termination of your Services.

WHICH MEANS

  • You are responsible for your Account and any Materials you upload to the FamShop Service. Remember that if you violate these terms we may cancel your service.
  • If we need to reach you, we will send you an email.

2. Account Activation

2.1 Store Owner

  • 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 the purposes of our Terms of Service and will be the person who is authorised to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly 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.
  • Your FamShop Store can only be associated with one Store Owner. A Store Owner may have multiple FamShop Stores. “Store” means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

  • Based on your FamShop pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
  • The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
  • The Store Owner and the users under Staff Accounts are each referred to as a “FamShop User”.

2.3 Google Payment

    • Upon completion of sign up for the Service, if you have been enrolled in FamShop Payments, FamShop will also create a Google Payment account on your behalf. If you do not wish to keep your Google Payment account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Payment is a Third Party Service, as defined in Section 17 of these Terms of Service.
    • If you use a Google Payment supported payment gateway and your customers have enabled Google Payment, customers may purchase goods and services from your Store using Google Payment.
    • By using Google Payment on your Store, you are agreeing to be bound by the Google Payment API Terms of Service, as they may be amended by Google from time to time. If Google amends the Google Payment API Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Such amendments to the Google Payment API Terms of Service are effective as of the date of posting. Your continued use of Google Payment on your Store after the amended Google Payment API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Payment API Terms of Service. If you do not agree to any changes to the Google Payment API Terms of Service, de-activate your Google Payment account and do not continue to use Google Payment on your Store.

WHICH MEANS

  • Only one person can be the “Store Owner”, usually the person signing up for the FamShop Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.
  • We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.

 

3. General Conditions

  • You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy, and, if you operate a E.U. based Store, the EU Terms, before you may become a FamShop User. Additionally, you acknowledge and agree to the Rules of Engagement for the Sale of COVID-19 Related Products if you sell such products.
  • Technical support in respect of the Services is only provided to FamShop Users.
  • 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 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 FamShop may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on FamShop’s website, 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 FamShop’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. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
  • You may not use the FamShop 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 Canada and the Province of Ontario. 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 are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.
  • 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 FamShop.
  • You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use FamShop or FamShop trademarks and/or variations and misspellings thereof.
  • Questions about the Terms of Service should be sent to FamShop Support.
  • You understand that your Materials (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.
  • The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Terms of Service, Nexmo Inc.’s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
  • You acknowledge and agree that your use of the Services, including information transmitted to or stored by FamShop, is governed by its privacy policy.
  • Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by FamShop (acting in its sole discretion) or as required by applicable law.
  • All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. FamShop shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without FamShop’s prior written consent, to be given or withheld in FamShop’s sole discretion.
  • If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
  • Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.

4. FamShop Contracting Party

If the billing address of your Store is located in the United States or Canada, this Section 4(1) applies to you:

  • 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.

If the billing address of your Store is located in the Asia Pacific region (including Australia, New Zealand, China, Japan, Singapore), this Section 4(2) applies to you:

  • The parties irrevocably agree that the courts of Singapore are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Terms of Service and that accordingly any proceedings arising out of or in connection with the Terms of Service shall be brought in such courts. 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.

If the billing address of your Store is located in EMEA region or other jurisdictions not listed in Section 4(1) or 4(2), including Europe and Russia, the Middle East, Africa, South America, Caribbean, or Mexico this Section 4(3) applies to you:

  • You irrevocably and unconditionally agree to submit to the jurisdiction of Irish courts, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Terms of Service and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by FamShop in any other jurisdiction. 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.

5. FamShop Rights

  • We reserve the right to modify or terminate the Services for any reason, without notice at any time. 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 at any time.
  • We may, but have no obligation to, remove Materials and suspend or terminate 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 Acceptable Use Policy (“AUP”) or these Terms of Service.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any FamShop customer, FamShop employee, member, or officer will result in immediate Account termination.
  • FamShop 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 particular market segment. You further acknowledge and agree that FamShop employees and contractors may also be FamShop customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) 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 is 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.
  • FamShop retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies,
  • FamShop reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

  • We can modify, cancel or refuse the service at anytime.
  • In the event of an ownership dispute over a FamShop account, we can freeze the account or transfer it to the rightful owner, as determined by us.

 

6. Confidentiality

  • “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. FamShop’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  • Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

WHICH MEANS

  • Both you and FamShop agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

7. Limitation of Liability

  • You expressly understand and agree that, to the extent permitted by applicable laws, FamShop 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.
  • To the extent permitted by applicable laws, in no event shall FamShop 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, FamShop 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 (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. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  • FamShop does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  • FamShop does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  • FamShop is not responsible for any of your tax obligations or liabilities related to the use of FamShop’s Services.
  • FamShop does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS

  • We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
  • Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.

8. Waiver, Severability, and Complete Agreement

The failure of FamShop to exercise or enforce any right or provision of the Terms of Service shall not constitute 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, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as 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, constitute the entire agreement between you and FamShop and govern your use of the Services and your Account, superseding any prior agreements between you and FamShop (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS
If FamShop chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and FamShop don’t apply if they conflict with these terms.

9. Intellectual Property and Customer Content

  • We do not claim any intellectual property rights over the Materials you provide to the FamShop Service. All Materials you upload to your FamShop Store remains yours. You can remove your FamShop Store at any time 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 FamShop to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that FamShop can, at any time, review and delete all the Materials submitted to its Service, although FamShop is not obligated to do so.
  • You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
  • FamShop 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.

WHICH MEANS

  • Anything you upload remains yours and is your responsibility.

10. POS Services

In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the FamShop POS software (“POS Software”), the FamShop POS website, located at /pos, programs, documentation, apps, tools, internet-based services and components, FamShop’s POS hardware (“POS Equipment”) and any updates thereto provided to you by FamShop.

  • Access to and use of the POS Services requires that you have an active and valid Account.
  • If your POS Services are enabled with FamShop Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must be the same as that used for your Online Services, if applicable.
  • You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
  • You agree to use the POS Services in accordance with all procedures that may be provided by FamShop from time to time.
  • While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
  • POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return
  • Swipe Reader, Swipe (Audio Jack) and physical gift cards purchased from the FamShop Hardware Store.
  • The Fees for POS Services shall be determined based on the number of locations at which you are using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the
  • FamShop web administrative console associated with your Account. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular billing cycle. In the event of any discrepancy between the number of locations added by you through the FamShop web administrative console and the number of locations detected by FamShop, the number of locations detected by FamShop shall be deemed to be correct.

WHICH MEANS

  • If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards.

11. Returns and Refunds

  • At FamShop, we do everything we can to ensure you are happy with your purchase, but we know that sometimes a product is just not right. You may return your hardware within 30 days of it being shipped to you, as long as it is in new condition, if your vendor confirms that the purchase was made and has the original packaging.
  • Please note that Chip & Swipe Readers and physical gift cards are non-returnable and non-refundable.
  • No returns are accepted over 30 days. We only accept returns of the hardware we sell directly to you. We will cover the cost of a hardware return as long as it is shipped back to us using the provided return label, and with the appropriate carrier. Priority shipping charges selected at checkout are non-refundable. If we suspect you’re abusing the return policy (for example by returning products on multiple occasions or on a seasonal basis), we reserve the right to refuse your return.

12. 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, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than FamShop Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as FamShop Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  • You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. FamShop will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and FamShop will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
  • Unless otherwise indicated, all Fees and other charges are in South African Rand (R), and all payments shall be in South African Rand (R) .
  • Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at FamShop discretion. 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.
  • If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, FamShop reserves the right to terminate your Account.
  • All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  • You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of FamShop’s products and services. To the extent that FamShop charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. 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 FamShop of your exemption. If you are not charged Taxes by FamShop, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
  • For the avoidance of doubt, all sums payable by you to FamShop under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by FamShop 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. FamShop shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
  • You are responsible for all applicable Taxes that arise from or as a result of any sale on your FamShop Store.
  • You must maintain an accurate location in the administration menu of your FamShop Store. If you change jurisdictions you must promptly update your location in the administration menu.
    FamShop does not provide refunds.

WHICH MEANS

  • A valid payment method (like a credit card) is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, FamShop may freeze your store. You may be required to remit Taxes to FamShop or to self-remit to your local taxing authority. No refunds.

13. Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting FamShop Support and then following the specific instructions indicated to you in FamShop’s response.
Upon termination of the Services by either party for any reason:

    1. FamShop will cease providing you with the Services and you will no longer be able to access your Account;
    1. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    1. any outstanding balance owed to FamShop for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    1. your Store website will be taken offline.
    1. If you purchased a domain name through FamShop, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
    1. 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.
    1. We reserve the right to modify or terminate the FamShop 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 prior to the date of termination.
    1. Fraud: Without limiting any other remedies, FamShop 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.

WHICH MEANS

  • To initiate a termination contact Support. FamShop will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through FamShop will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
  • We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.

 

14. Modifications to the Service and Prices

  • Prices for using the Services are subject to change upon 30 days’ notice from FamShop. Such notice may be provided at any time by posting the changes to the FamShop Site (famshop.co.za) or the administration menu of your FamShop Store via an announcement.
  • FamShop 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).
  • FamShop shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

  • We may change or discontinue the service at anytime, without liability.

15. Beta Services

From time to time, FamShop 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 FamShop will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered FamShop 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 FamShop’s prior written consent. FamShop makes no representations or warranties that the Beta Services will function. FamShop may discontinue the Beta Services at any time in its sole discretion. FamShop will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. FamShop may change or not release a final or commercial version of a Beta Service in our sole discretion.

16. Feedback and Reviews

FamShop 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 FamShop be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to FamShop (whether submitted directly to FamShop or posted on any FamShop hosted forum or page), you waive any and all rights in the Feedback and that FamShop is free to implement and use the Feedback if desired, as provided by you or as modified by FamShop, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to FamShop 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. FamShop 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.

17. DMCA Notice and Takedown Procedure

FamShop supports the protection of intellectual property and asks FamShop 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 FamShop’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

WHICH MEANS

  • FamShop respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
  • If you believe one of our merchants is infringing your intellectual property rights, you can send FamShop a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

18. Rights of Third Parties

Save for FamShop and its affiliates, FamShop Users or anyone accessing FamShop Services pursuant 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.

WHICH MEANS

  • Only FamShop, FamShop Users and persons accessing FamShop Services have any rights under these Terms of Service.

19. Privacy & Data Protection

FamShop 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 FamShop’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, FamShop’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

WHICH MEANS

  • FamShop’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, FamShop’s use and collection of European personal information is further governed by our Data Processing Addendum.

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