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PushCommerce Terms & Conditions

Last revised: May 14th, 2016

Account Terms of Service.

The following terms set out below constitutes a legally binding agreement between PushCommerce (PushCommerce Limited) ("PushCommerce","us","we","our") and you ("you","your").

'PushCommerce' is a trademarked trading brand name of PushCommerce Limited.

The Services offered by PushCommerce under these Terms include various products and services to help you create and manage an online retail store. Any new features, updates or tools which are added to the platform shall be also subject to the Terms of Service at all times. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you or your store. You can review the current version of the Terms of Service at any time found at this web address. PushCommerce reserves the right to update and change the Terms of Service by posting updates and changes to the PushCommerce website.

By activating/clicking on the button during a new account registration process or by completing a transaction using the PushCommerce platform you represent that (1) you have read, understand, and agree to be bound by these Terms of Service (2) you are of legal age to form a binding contract with PushCommerce; and (3) you have the authority to enter into this Agreement as yourself or on behalf of a Principal and to bind such Principal to this Agreement. If you do not agree with the terms of this Agreement, please do not use the Platform any further.

You acknowledge that we will use the email address you provide inside your account 'Primary Email' as the primary method for communication with you.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME.

License to Use the Platform

PushCommerce grants you, and you accept, a non-exclusive, non-transferable, personal, limited license to access and use the Platform, subject to your full compliance with the conditions of these Terms of Agreement.

Your Activity and Content

You are responsible for all the activity and content in your PushCommerce account.

All content you post on the PushCommerce platform must comply with all US/UK/EU copyright laws. We claim no intellectual property rights over the material you provide to the Service.

We check, review and monitor every single item you upload and product you set live for sale.

PushCommerce must not be used for promoting threatening, abusive, defamatory, racial, libellous, harassing, sexist, ageist or otherwise offensive activity or content. PushCommerce may not be used to promote or incite violence or to credibly threaten others. Your activity and content must not be published unless you are legally authorised to do so. When selling, you agree not to offer for sale, sell, or post content which promotes tobacco products, illegal drugs, prescription medication, hazardous or restricted items, offensive material, counterfeit items, personal information in any form, police badges or uniforms, stolen property, shares, securities or other financial products, blood, bodily fluids or body parts, weapons, explosives, ammunition, obscene material, pornography, banned adult products, gambling/betting products or services, or copyrighted / branded goods that you do not own or have all the necessary rights to offer for sale or promote.
You agree that the decision as the whether any product falls within any of these categories will be made by us, acting reasonably.
IF YOU FAIL TO COMPLY WITH THE ABOVE, YOUR ACCOUNT WILL BE REMOVED AND ANY ILLEGAL ACTIVITY WILL BE REPORTED TO THE AUTHORITIES IN YOUR COUNTRY ALONG WITH YOUR FULL DETAILS, I.P AND LOCATION.

Using PushCommerce

We do not claim any ownership rights to any items, files, or content such as images, text, video files or audio files made available for, or incidental to, any sale via our site or services. By publishing an item for, or incidental to, any sale you do provide us with a world-wide, royalty free, non exclusive license to reproduce or edit that content for the purposes of promoting and using our site and services.

Your shop and materials uploaded remain yours. However, by setting your pages and products to be shared publicly, you agree to allow others to view and share your this content across the web.

You agree that we can contact you from time to time, by email or otherwise, in relation to the operation of our site or services.

We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of their Service.

You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission from us.

When selling, you are responsible for all applicable taxes that arise from your sale, including issuing a tax invoice if applicable.

PushCommerce is not a marketplace, the contract of sale is direct between you and the buyer. It is your responsibility to ensure that goods and services are delivered / provided to the buyer at the agreed sale price.

When making digital sales to buyers within the EU we provide you the tools to estimate and help report your EU VAT liabilities for digital sales. It is your responsibility to report your EU VAT liabilities for digital sales direct to the appropriate tax authority.

Transactions via the PushCommerce Platform

We enable purchasers to pay for sellers’ items or services using credit cards (Mastercard and Visa and American Express) via secure gateways provided by our bank partner and via PayPal.

Paypal Payments

Payment processing services provided by PayPal are subject to the PayPal Acceptable Use Policy. By agreeing to these terms or continuing to operate a shop on PushCommerce, you agree to be bound by the PayPal Acceptable Use Policy, as the same may be modified by PayPal from time to time. As a condition of PushCommerce enabling payment processing services through PayPal, you agree to provide us with accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by PayPal.

Expanded list of Prohibited Businesses/Products

  1. Age restricted products or services
  2. Age verification
  3. Airlines
  4. Alcohol
  5. Any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
  6. Any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Networks
  7. Bail bonds
  8. Bankruptcy lawyers
  9. Bidding fee auctions
  10. Chain letters
  11. Check cashing, wire transfers or money orders
  12. Collection agencies
  13. Counterfeit goods
  14. Credit card and identity theft protection
  15. Cruise lines
  16. Currency exchanges or dealers
  17. Door-to-door sales
  18. Drug paraphernalia
  19. Embassies, foreign consulates or other foreign governments
  20. Engaging in any form of licensed or unlicensed aggregation or factoring
  21. Engaging in deceptive marketing practices
  22. Essay mills
  23. Evading a Payment Network’s chargeback monitoring programs
  24. Extended warranties
  25. Firms selling business opportunities, investment opportunities, mortgage consulting, credit repair or protection or real estate purchases with no money down
  26. Flea markets
  27. Fortune tellers,
  28. Gambling
  29. "Get rich quick" schemes
  30. Human hair, fake hair, or hair-extensions
  31. Illegal products or services
  32. Mail-order brides
  33. Marijuana dispensaries and related businesses
  34. Money transmitters or money service businesses
  35. Multi-level marketing or pyramid schemes
  36. Negative response marketing
  37. Offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase
  38. Personal computer technical support
  39. Pharmacies or pharmacy referral services
  40. Pre-paid phone cards
  41. Pseudo pharmaceuticals
  42. Quasi-cash or stored value
  43. Securities brokers
  44. Sexually-oriented products or services categorized as:
    • Child pornography
    • Fetish gear and services including S&M paraphernalia
    • Hard-core sexually oriented products and services
    • International match-making services
    • Pornographic materials displaying sexually explicit pictures, images, and videos
    • Sexually explicit telephone or online conversations and chat
    • Sexually-oriented dating services, including companion/escort services and prostitution
    • Sexually-oriented massage parlors, sex shows, sex clubs, topless bars, strip shows, and other adult entertainment
    • Widgets that allow you to access pornography or pornographic ads
  45. Selling social media activity, such as Twitter followers, Facebook likes or Youtube views
  46. Selling video game or virtual world credits (unless you are the operator of the video game or virtual world)
  47. Sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service
  48. Shipping or forwarding brokers
  49. Sports forecasting or odds making
  50. Substances designed to mimic illegal drugs
  51. Telecommunications equipment and telephone sales
  52. Telemarketing
  53. Timeshares
  54. Tobacco, e-cigarettes, vaporizers and accessories including e-juice
  55. Travel agencies or travel clubs
  56. Virtual currency that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world or related services
  57. Weapons and munitions

Your Privacy

We will not sell, lease, or disclose your personal information to anyone. We may contact you from time to time for service updates and promotions. If you no longer wish to receive updates and promotions from us, you may opt-out by replying to the communication, contacting us directly using the contact information published on www.PushCommerce.co, or clicking the opt-out link where applicable.

Please read our Privacy Policy

Your Intellectual Property Rights

We will not claim or pursue ownership of your intellectual property and we will not have any ownership rights in any elements of an artist or bands music. Intellectual property includes, but is not limited to; music, albums, tracks, text, graphics, icons, images, sound clips, video clips, data compilations, and page layout. However, for us to perform the service to your fans by posting your content to the PushCommerce service, you must agree to grant us the non-exclusive, worldwide, royalty-free right and license to use, reproduce, edit, transmit or otherwise distribute, publicly display, publicly perform including, without limitation, via digital audio transmission, and otherwise make available any such content via the PushCommerce service. Moreover, we may use your intellectual property, name and likeness in and in connection with any PushCommerce promotion(s) in any and all media now known or hereafter devised throughout the universe in perpetuity. You represent, warrant, and agree that you have the right to grant us the rights and licenses granted herein and that you have not entered into any third party agreement that prohibits us from enjoying such rights and licenses.

Costs, Fees, Payments and Refunds.

You shall pay the fees set forth on the Pricing page for the plan you choose.
You agree to pay for the level of service you choose to use. PushCommerce may change the fees periodically, and you’re welcome to terminate your account if you’re not happy with those changes. You also agree not to misrepresent the quantity of products sold on or through your store.
You agree to pay, via Credit Card or PayPal or another electronic payment vendor, for the Services, Software, and App in advance on a monthly basis. You understand that all fees are non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. Upon non-payment PushCommerce in its discretion may re-attempt to collect the amount due up to 3 times before suspending or terminating Your account or immediately suspend or terminate Your account.

We also collect a per transaction fee on a sliding scale of 2.5% of final price (the Retail Price plus applicable shipping and handling fees) if youhave selected the 'Starter' plan.
Your credit card processing fees will be either 2.5% or 1.6% + $0.30 USD, £0.20 GBP, €0.30 EUR, $0.30 AUD, ₹20.00 IND per transactions, depending on the currency you have set to accept.
The variable transaction fee percentage is based on the monthly plan you have selected. Full details can be seen within the pricing page of the PushCommerce site.
We do not collect "listing" or "insertion" fees like a market place.

Goods/Product Fees. You may upload any digital file type you wish offer or upload a listing of a physical good to the PushCommerce Platform and Promote it at a retail price determined by you, in your sole and absolute discretion. When a customer completes a paid order, PushCommerce will immediately determine and collect the appropriate Fee basedon the wholesale amount.

You agree that the funds received from any one person or third party using the PushCommerce platform will not exceed USD$600 and will not be less than USD$1.00. If you need this limited lifted please submit a ticket on the helpdesk. We will need proof of ID and address.

We hold funds received in relation to transactions entered into via our site or services in a bank account determined by us until required to be disbursed to you in accordance with these terms.

We may charge you the following additional fees:
EUR€30 if we are required to investigate a dispute and process a refund
EUR€35 is we are charged a chargeback fee from our payment gateway provider
EUR€50 if you have a deficit fund balance and you fail to pay our invoice within 7 days of receiving the email invoice from us.

We will deduct the applicable service fee and charges from the funds received in relation to each transaction. Amounts received on your behalf from our payment gateway, after deducting any amounts due to us, will be remitted every Friday to your bank account (if you are based in the UK, EU or United States) or your Paypal account (if you are based outside UK, EU or United States).

We may accrue and withhold any funds to be remitted to you until the total amount to be remitted to you is greater than $1.

Each time we disburse an amount to your account, we will disburse the net amounts of your monies, after deduction of service charges, fees and any other amounts we are entitled to deduct under these terms. We, if applicable, issue you a tax invoice in respect of the amounts deducted by us from your monies disbursed.

We retain the right to change our fees and charges from time to time. We will make reasonable steps to inform users prior to any changes.

You acknowledge and agree that when we receive funds via our site or services we are acting merely as a convenient payment conduit for you. We are not your agent, and we are not required to enforce the payment of any funds via our platform on your behalf.

A transaction may be reversed or charged back to you account if it is disputed by the buyer, the financial institutions involved in the transaction, deemed to be fraudulent, deemed to violate this agreement, or if we believe the transaction has not been completed in good faith. Our determination in this regard will be binding on you.

For any transaction that results in a reversal or charge back, we may withhold the transaction amount from your account, or withdraw the transaction amount from your account.

We reserve the right to delay or withhold disbursement to your account, suspend your account, or to increase our processing fees if we deem your account to have been involved in, or in the future to liable to be involved in, an unreasonable or unusual number of reversals or charge backs, of if we deem your account to have been used in a way which contravenes these terms. our determination in this regard will be binding on you.

Your Data

We are not responsible for lost or deleted files in your PushCommerce account.

If PushCommerce deems your account to be inactive (you have not logged into or used your PushCommerce account for a period of 6 months), then PushCommerce reserves the right to permanently delete your data held on it's servers. PushCommerce will make all reasonable efforts to contact and notify you before deletion occurs.

Account Deactivation

You may Deactivate your account at anytime by visitng the settings area and pressing the 'Deactivate Account' button or by contacting us at our help desk.

Termination

PushCommerce reserves the right to terminate or suspend your account at any time for any reason. Without limitation of the foregoing, PushCommerce will terminate your account if you are determined to be a repeat copyright infringer. You will be considered a repeat infringer if PushCommerce receives more than three (3) legitimate infringement notices for your account, or in any other reasonable circumstances.

Indemnity Clause

You will indemnify PushCommerce, its employees, shareholders, partners or other such associations and hold them harmless from any third party claim or demand, and from any judgment or liability, from any loss, cost or expense (including but not limited to lawyersÕ fees and court costs which may be incurred) due to or arising out of your representations, warranties and agreements hereunder and/or your activity on, or content submitted to, PushCommerce.

Changes to Service

You agree that PushCommerce has the right to make changes to the PushCommerce Service at any time without prior warning and shall not be held liable by you or any third party for any disruption or loss this may cause. This may include, but is not limited to, temporarily suspending features, permanently suspending features, and adding new functionality. We will provide you with reasonable notice of any changes concerning the remuneration for access to or use of PushCommerce. You or any third party will not hold PushCommerce liable for any loss that may occur as a result of such changes. You will be bound by any changes to these Terms of Service from the first time you use the PushCommerce service following any such changes.

Modification of Terms of Use.

PushCommerce reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email.

Trademark and Copyright

The PushCommerce name, logos, service and product names are all trademarks of PushCommerce.

You agree not to use or display the logo or name of PushCommerce without prior written permission. You further agree not to copy, replicate or sell any part of the PushCommerce service.

You acknowledge and agree that the interface provided by PushCommerce uses software that contains confidential and proprietary information protected by law.

The PushCommerce Service is to be accessed only by the interface provided by PushCommerce to you.

You must not wholly or partly modify, take as your own, use for a purpose other than your own personal account, rent, sell, make available in another form, hack into the system or create another website claiming affiliation with PushCommerce.

You acknowledge and agree that you and not PushCommerce are solely responsible for any and all content posted to your account or e-mailed to, transmitted through, or otherwise made available via PushCommerce.

You acknowledge and agree that content uploaded by you to or through PushCommerce may be protected by copyrights, trademarks, patents, or other intellectual property rights or laws. You must not upload any such content unless you have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance, or other use of copyrighted works by you may constitute copyright infringement and may result in civil or criminal penalties.

You represent and warrant that you have all necessary consents, permissions, and releases of all third parties which may be implicated by your transmission of content to or through PushCommerce.

PushCommerce reserves the right to block, remove, or delete any content communications, postings, and/or other data or information in its sole discretion including, without limitation, if it has reason to believe that such materials may infringe the rights of a third party.

In Case of Alleged Infringement of Copyright

You are encouraged to notify us of any content on the PushCommerce service you believe to be in violation of copyright, or otherwise in violation of these Terms of Service.

United States Users

If you are a copyright owner or agent in the United States and you believe your content has been used by others on PushCommerce in a manner that constitutes copyright infringement, please contact our designated agent for notification of claimed infringement and provide the following:

  1. a description of the copyrighted work(s) that you claim are being infringed;
  2. a description specifying the material that you claim is infringing and wish to have removed or disabled and the location of the material on the service so that we may find it (including, for example, the URL);
  3. your full name, telephone number and an email address so that we may contact you;
  4. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
  6. an electronic or physical signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.

Our designated agent for notification of claimed infringement can be contacted as follows:

PushCommerce Ltd.
Unit 8.1.2
11-13 WESTON STREET (The Leather Market)
SE1 3ER
London. UK

Counter-Notice. If you believe that content you uploaded to the PushCommerce service and that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you uploaded, you may send a counter-notice containing the following information to our designated agent for notification of claimed infringement:

  1. your physical or electronic signature;
  2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  4. your name, user name, address, telephone number, and email address; and;
  5. a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our designated agent for notice of claimed infringement, PushCommerce may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user who posted the content, the removed content may be replaced, or access to it rePushCommerceed.

Non U.S. Users

If you are a copyright owner or agent outside the United States and you believe your content has been used by others on PushCommerce in a manner that constitutes copyright infringement, please contact our designated agent for notification of claimed infringement and provide the following:

  1. a specific description of the relevant work protected by copyright or other intellectual property right (hereinafter the Work), and where the Work is located on the PushCommerce service;
  2. comprehensive evidence that you are the owner of the Work and all copyrights or intellectual property rights in and to the Work, or alternately, that you are fully authorized to act on behalf of the owner of the Work and all related rights;
  3. a detailed explanation of the facts and circumstances that constitute the alleged copyright infringement or violation of other intellectual property right; and
  4. your full name, postal address, telephone number and email address.
    Upon receipt of such notification and all required information and materials, PushCommerce will examine the case, may contact you in due course, and will, in its sole discretion, determine if and (if so) what action to take in response to each such notification.

Complaints Procedure

Complaints about PushCommerce or any aspect of the PushCommerce Service should directed to the PushCommerce help desk. The User should clearly outline their complaint including all the facts relevant to the complaint. While PushCommerce endeavours to handle each complaint professionally and investigate the matter thoroughly it will not be held liable or responsible for any loss or damage incurred by the User through using the PushCommerce platform.

Disclaimer

PushCommerce does not make any guarantees that the PushCommerce service will be accurate, prompt, secure, without interruption or meet your prerequisites and expectations. PushCommerce cannot guarantee that products purchased or used as a result of PushCommerce will be as expected.

You agree to use PushCommerce at your own risk. We provide to you the PushCommerce service in its present form (as is and as available). PushCommerce disclaims all guarantees, whether expressed or implied, including, but not limited to, the implied guarantees of salability, profitability, compatibility with all systems, security, information accuracy and suitability for a stipulated purpose. No part of the PushCommerce service is intended to constitute advice and should not be relied on in this manner, nor is any part of the service to be considered a contractual offer.

Correspondence received by you from PushCommerce does not act as a guarantee for anything stated in these Terms of Service.

We do not accept any responsibility or liability for any damage or loss on your computer incurred by viewing or downloading activity or content through the PushCommerce service.

You understand and agree that PushCommerce shall not be liable for any losses or damages relating to but not limited to, loss of data, loss of profit, material losses and damages, directly or indirectly, as a result of the use of the PushCommerce service or goods or services obtained through using the PushCommerce service.

PushCommerce will not be held liable for any infringement of the rights of third parties through the use of our Service. You acknowledge and agree that PushCommerce cannot and does not generally review the content you post to the PushCommerce service, and that PushCommerce does not undertake or assume any duty to monitor the PushCommerce service for inappropriate content.

To the extent permitted by law, PushCommerce accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use the PushCommerce service or any information provided by PushCommerce. You accept that you use the PushCommerce service and similarly any information provided by PushCommerce at your own risk.

These Terms of Service and the relationship between you and PushCommerce shall be governed by and construed in accordance with the Law of England and Wales and we each agree to submit to the exclusive jurisdiction of the Courts of England and Wales.