Contents

 

1. Terms and Conditions for an Account
2. Activating an Account
3. Rights of Magstack
4. Your Obligations
5. Payment of Fees and Taxes
6. Confidentiality
7. Limitation of Liability and Indemnification
8. Intellectual Property and Your Materials
9. Additional Services
10. Feedback and Reviews
11. DMCA Notice and Takedown Procedure
12. Privacy and Data Protection
13. Magstack Contracting Party
14. Duration and Termination
15. Changes
16. General Provisions

Last updated on: March 1, 2023

 

Welcome to Magstack ! By registering for a Magstack account (as defined in Section 1) or by using any of Magstack ‘s Services (as defined below), you agree to the following terms (hereinafter referred to as the “Terms of Service”).

 

For purposes of these Terms of Service, the words “we”, “us”, “our” and ” Magstack ” refer to the applicable Magstack Contracting Party (as defined in Section 13 below) and the words “you” refer to an individual Magstack user (if registering for or using a Magstack Service as an individual ) or the company that employs the Magstack User (if registering for or using a Magstack Service as a company ), and all affiliated companies.

 

Magstack offers a complete trading platform where merchants can bring all their trading activities together. This platform includes various tools that allow merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces and other online locations (“Online Services”) and as a physical person (“POS”). services”)), manage products, inventory, payments, fulfillment , shipping, operations, marketing, and advertising, and engage with existing and potential customers. Each of these services offered by Magstack is referred to in these Terms of Service as the “Service(s)”. Any new features or tools added to the current Services are also governed by the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.Magstack.com/nl/legal/terms.

 

Before you can register for a Magstack account or use the Magstack Services, you must accept all terms and conditions contained in or expressly referenced in these Terms of Service, including the Acceptable Use Policy (the “Acceptable Terms” ) use Policies&quot ; or ” <strong> AUP</strong> ” 😉 and Magstack ‘s Privacy Policy and, as applicable, the Additional Terms of Service for EU Merchants (“EU Terms”), the License and Terms of Use for the Magstack API (& quot ;<strong>API Terms</strong>& quot ;); and the Magstack Data Processing Addendum (& quot ;<strong>DPA</strong>& quot 😉 . In addition , if you offer goods or services related to COVID-19, you must accept the Rules for the sale of COVID-19 related products.

 

Each article is accompanied by a summary in plain language for easy understanding. However, these summaries are not legally binding. To get a complete overview of what you are committing to, you should read the Terms of Service and any documents referenced in the Terms of Service. Using Magstack or any of Magstack ‘s services means that you accept these terms. Check back occasionally to see if things have changed.

 

1. Terms and Conditions for an Account

To access and use the Services, you must register for a Magstack account (“Account”). To do this, you must provide your legal name, your business address, your telephone number, a valid email address and any other information we deem necessary. Magstack may, in its sole discretion and for any reason, reject your application for an Account and cancel an existing Account.

To open an Account, you must be (i) at least 18 years old and (ii) the age of majority in the jurisdiction in which you reside and use the Services.

You confirm that you are obtaining the Services provided by Magstack for the purpose of conducting a business activity, and not for personal, family or household reasons.

You acknowledge that Magstack will use as its primary method of contacting you the email address you provide to us when you open an Account and which you may have subsequently updated (“Primary Email Address”). You must periodically review the Primary Email Address you provide to Magstack , and you must be able to receive and send messages to and from your Primary Email Address. Your email communications with Magstack can only be verified when messages are sent from your Primary Email Address.

You are responsible for keeping your password secure. Magstack is not liable for any loss or damage resulting from your failure to adequately secure your Account and password. We may request additional security measures at any time and reserve the right to amend these requirements at our sole discretion.

Technical support for the Services is provided to Magstack users only. If you have any questions about the Terms of Service, please contact the Magstack support team .

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without express written permission from Magstack .

You agree not to circumvent, override or circumvent any technical limitations of the Services, including processing orders outside of the Magstack checkout, not using any tools to enable features or functionality otherwise disabled in the Services , or decompile , disassemble or otherwise reverse engineer the Services .

You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper or other automated means.

You acknowledge that your Materials may be transmitted without encryption and may involve (a) transmission over various networks; and (b) changes to the data to meet technical requirements imposed by connected networks or devices. “Materials” means your Brands, copyrighted content, products and services you sell through the Service (including descriptions and prices), and photos, images, videos, graphics, written content, audio files, code, information and any other data provided by you or your affiliates or made available to Magstack or its affiliates.

IN OTHER WORDS

You are responsible for your Account, for the Materials you upload to Magstack ‘s Service , and for the operation of your Magstack store. If you violate the Magstack Terms of Service , we may terminate your access to the Services. If we want to contact you, we will do so via the Primary Email Address.

 

2. Activating an Account

2.1 Store Owner

 

Subject to section 2.1.2, the person who registers for the Service by opening an Account is the contracting party (“Store Owner”) to our Terms of Service and the person authorized to use any corresponding Account we maintain under provide the Service to the Store Owner. You are responsible for ensuring that the name of the Store Owner (including the legal name of the business that owns the Store, if applicable) is clearly displayed on the Store’s website.

If you register for the Services on behalf of your employer, then your employer is the Store Owner. If you are registering for the Services on behalf of your employer, you must use an email address provided to you by your employer and you warrant that you have the authority to commit your employer to comply with our Terms of Service.

Your Store on Magstack can only be associated with one Store Owner. A Store Owner can have multiple Stores on Magstack . You agree to use the Magstack checkout for your store. “Store” means the online store (hosted by Magstack or on a third party website) or store built on the Store API, or physical store locations associated with the Account.

2.2 Employee Accounts

 

Your chosen subscription to Magstack may allow you to create one or more employee accounts (” Employee Accounts “) that allow other people to access the Account. Each Employee account must have its official name and a valid email address. Employee accounts allow Shop Owners to set permissions to allow others to work on their Account, including whether or not Employee accounts can access specific business data (for example, Employee accounts can only access sales data on the Reporting page, and change general store settings by Employee accounts can be blocked).

Store Owner (a) shall ensure that its employees, agents and subcontractors (including through Employee Accounts ) comply with these Terms of Service and (b) is responsible for any violation of these Terms of Service by Store Owner’s employees, agents or subcontractors. Store Owner acknowledges and agrees that Store Owner is responsible for performing all of its obligations under the Agreement, whether or not it sublicenses or sub-licenses such obligations to any third party, including Store Owner’s affiliates or subsidiaries.

The Store Owner and the users of Employee Accounts are all referred to as ” Magstack Users”.

2.3 PayPal Express Checkout Accounts and Magstack Payments Accounts

 

After registration for the Service is complete, Magstack will create a PayPal Express Checkout account on your behalf using your Primary Email Address. Depending on your location, Magstack may also create a Magstack Payments account for you.

You acknowledge that PayPal Express Checkout and/or Magstack Payments will become your default payment gateways and you, as the Store Owner, will be solely responsible for activating and maintaining these accounts. If you do not want to keep these payment accounts, you are responsible for deactivating them. For the avoidance of doubt, we indicate that PayPal Express Checkout is a Third Party Provider Service as defined in Section 9.7.1 of these Terms of Service.

2.4 ShopPay

 

If you are signed up for Magstack Payments , Shop Pay will automatically appear as an accelerated checkout option on your checkout page after you have completed registering for the Service. If you don’t want Shop Pay to appear in your Store, you’ll need to remove it yourself by adjusting your accelerated checkout options in your Magstack admin.

If your customers have Shop Pay enabled, then customers in your Store on Magstack can purchase goods and services using Shop Pay .

By using Shop Pay in your Store on Magstack , you agree to the Shop Pay Merchant Terms of Use , which may be amended by Magstack from time to time. When Magstack changes Shop Pay ‘s Merchant Terms of Use , such changes will be effective as of the date of posting. By continuing to use Shop Pay on your Store after the amended Shop Pay Merchant Terms of Use are posted, you agree to the amended Shop Pay Merchant Terms of Use . If you don’t agree with the changes to the Shop Pay Merchant Terms of Use, then you’ll need to uninstall Shop Pay through the accelerated checkouts section of your Magstack admin center.

2.5 Apple Pay account for Safari

 

After registration for the Service is complete, Magstack will create an Apple Pay account for Safari (“Apple Pay “) on your behalf, using the URLs and company name you have provided for your Account. Depending on your location, Magstack can activate your Apple Pay account for you. Otherwise, you’ll need to activate your Apple Pay account yourself from your admin. If you don’t want to keep your Apple Pay account, you’ll have to deactivate it yourself. For the avoidance of doubt, we indicate that Apple Pay is a Third Party Service as defined in section 9.7.1 of these Terms of Service.

If you use a payment gateway supported by Apple Pay and your customers have Apple Pay enabled on their device, then 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 Apple may change from time to time. When Apple changes the Apple Pay Platform Web Merchant Terms and Conditions , the revised version will be posted at https://www.Magstack.com/nl/legal/apple-pay. Such changes to the Apple Pay Platform Web Merchant Terms will be effective as of the date of posting. By continuing to use Apple Pay in your Store after the amended Apple Pay Platform Web Merchant Terms are posted, you agree to the amended Apple Pay Platform Web Merchant Terms . If you do not agree to the changes to the Apple Pay Platform Web Merchant Terms , you must deactivate your Apple Pay account and stop using Apple Pay in your Store.

2.6 Google Pay

 

If you have signed up for Magstack Payments , Magstack will create a Google Pay account on your behalf after you have completed registering for the Service . If you do not want to keep your Google Pay account, it is your responsibility to deactivate it. For the avoidance of doubt, we indicate that Google Pay is a Third Party Provider Service as defined in Section 9.7.1 of these Terms of Service.

If you use a payment gateway supported by Google Pay and your customers have Google Pay enabled on their device, then 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 amended by Google from time to time. When Google changes the Google Pay API Terms of Service, the revised version will be posted at https://payments.developers.google.com/terms/sellertos. Such changes to the Google Pay API Terms of Service will be effective as of the date of posting. By continuing to use Google Pay in your Store after the amended Google Pay API Terms of Service are posted, you agree to the amended Google Pay API Terms of Service. If you do not agree to the changes to the Google Pay API Terms of Service, you must deactivate your Google Pay account and stop using Google Pay in your Store.

2.7 MetaPay

 

When you have signed up for Magstack Payments and your registration for the Service is complete, Magstack will also create a Meta Pay account on your behalf. If you do not want to keep your Meta Pay account, you must deactivate your account yourself. For the avoidance of doubt: Meta Pay is a Service of a third party supplier, as referred to in Article 9.7.1 of these Terms of Service.

If you use a payment gateway supported by Meta Pay and your customers have Meta Pay enabled on their device, then customers can purchase goods and services from your Store using Meta Pay .

By using Meta Pay in your Store, you agree to be bound by the Meta Pay Merchant Terms and Conditions , which may be amended by Meta from time to time. When Meta changes the Meta Pay Merchant Terms and Conditions , such changes will be effective from the date of posting by Meta. By continuing to use Meta Pay in your Store after the amended Meta Pay Merchant Terms and Conditions have been posted, you agree to and accept the amended Meta Pay Merchant Terms and Conditions . If you do not agree to the changes to the Meta Pay Merchant Terms and Conditions , please deactivate your Meta Pay account and stop using Meta Pay in your Store.

2.8 Domain Names

 

, if you purchase a domain name through Magstack , your domain registration will automatically renew every year as long as your Magstack account remains active. You agree that you are responsible for turning off auto-renewal if you choose.

IN OTHER WORDS

Only one person can be the “Store Owner”. This is usually the person who has registered for Magstack ‘s Service . The Store Owner is responsible for the account, must comply with these Terms of Service, and is responsible for the actions of others who access the Account. If you are registering on behalf of your employer, your employer is the Store Owner responsible for your Account.

 

can accept payments with PayPal, Apple Pay , Google Payment and Shop Pay , among others . You are responsible for activating and deactivating these accounts and complying with the terms and agreements for these accounts, including those of third parties. If you purchase a domain through us, it will automatically renew unless you turn off auto-renewal yourself.

 

3. Rights of Magstack

The Services include multiple features and functionalities. Not all Services and features can be used by all merchants at all times , and we are under no obligation to make Services or features available in any particular jurisdiction. To the fullest extent permitted by these Terms of Service or applicable law, we reserve the right to modify the Services in whole or in part for any reason at any time without notice to you.

Magstack does not pre-check Materials, and we may, in our sole discretion, refuse or remove Materials from any portion of the Service, for example, if we determine, in our sole discretion, that the goods or services offered by you through the Services, or the Materials uploaded or posted to the Services violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

Oral or written misconduct of any kind (including threats of insults or retaliation) directed against any employee, member or director of Magstack will result in the immediate termination of the Account.

We reserve the right to offer our Services to your competitors, and do not promise any exclusivity. You further agree that Magstack employees and contractors may at the same time be customers or merchants of Magstack , and that they may compete with you, provided that they do not use your Confidential Information (as referred to in section 6).

In the event of a dispute over ownership of an Account, we reserve the right to request documentary evidence to establish or confirm ownership of the Account. Evidence may include a scan of your business license, a government-issued identity document with a photo, the last four digits of your credit card as we have it on file, or proof of your status as an employee of a organization.

Magstack reserves the right, in its sole discretion, to determine rightful Account ownership and to transfer Accounts to the rightful Store Owner. If we cannot reasonably determine who the rightful Store Owner is, Magstack reserves the right to temporarily suspend or disable an Account until the parties involved resolve the dispute, without prejudice to any other right available to Magstack .

IN OTHER WORDS

Magstack itself determines to whom we make our Services available. We may also amend the Services at any time. We further have the right to refuse or remove any Materials from any of our Services, including your Store. We may offer our Services to your competitors, but we will never share your confidential information with them. In the event of a dispute over who owns a Magstack account, we will either freeze the account or give it to whoever we believe is the rightful owner.

 

4. Your Obligations

post public contact information, refund policies, and order fulfillment deadlines on your Magstack store.

You agree that the Services are not a marketplace and that any sales agreement you enter into through the Services is a direct agreement between you and the customer. You will be registered as the seller for all items you sell through the Services. You are responsible for creating and operating your Magstack store, for your Materials, for the goods and services you sell through the Services, and for all aspects of the transactions between you and your customers. This includes, but is not limited to, charging the customer for the price of its purchase, refunds, returns , sales or customer service, fraudulent transactions, legally required disclosures, regulatory compliance, alleged or actual violation of any applicable law (including law consumer protection law in any jurisdiction where you offer products or services for sale), or your breach of the Terms of Service. You warrant that your Store, your Materials, and the goods and services you sell through the Services are true, accurate, and complete and that you do not violate any applicable laws, regulations, or rights of any third party. For the avoidance of doubt, Magstack is not acting as a seller or merchant and has no responsibility whatsoever for your Store or items sold to customers through the Services.

You are solely responsible for the goods or services you sell through the Services (including the description, price, fees and taxes you charge, defects, legal notices, regulatory compliance, offers or promotional content) and for comply with applicable laws and regulations.

Magstack Services for any unlawful or unauthorized purpose. You also may not, in using the Service, violate the laws of your home jurisdiction (including copyright laws), the laws of your customer’s jurisdiction applicable to you, or the laws of Canada and the province of Ontario. You must comply with all applicable laws and regulations (including any licensing or permit requirements that may be necessary to operate your store) when using the Service and performing any obligations under these Terms of Service.

The API Terms govern your access to and use of the Magstack API (as defined therein). You are solely responsible for the activities that occur using your API Account Credentials (as defined in the API Terms) and for the security of your API Account Credentials.

You agree to use the Magstack checkout for all sales related to your online store. ” Magstack Checkout” refers to the Magstack checkout experience where Customers may enter their shipping information and payment information after adding items to their cart and before placing an order, including checkouts performed via the Magstack checkout API.

IN OTHER WORDS

You (and not Magstack ) are responsible for your Magstack store, the goods and services you sell, and the relationship with your customers. If you use the Magstack API, you must comply with the API Terms.

 

5. Payment of Fees and Taxes

You must pay the cost of your subscription to the Online Services and/or the POS Services (“Subscription Fee”), along with any other applicable fees, including applicable fees associated with the value of your sales through your Store, if you uses a payment provider other than Magstack Payments (“Transaction Fees”), and all other fees associated with your purchase or use of products or services such as Magstack Payments , POS Equipment, Shipping, Apps, Themes, Domain Names, Experts Marketplace or Third Party Provider Services (“Additional Fees”). The Subscription Fee, Transaction Fee and Additional Fee are collectively referred to as the “Fees”.

You must provide a valid payment method that you use to pay for all and recurring Fees. Magstack will charge the applicable Fees through a valid payment method that you authorize (“Authorized Payment Method”), and Magstack will continue to use the Authorized Payment Method for charging the applicable Fees, until the Services are terminated and all due Fees are paid in full paid. Unless otherwise specified, all Fees and other payments are denominated in US dollars and all amounts must be paid in US dollars.

Subscription fees are prepaid and billed every 30 days (every thirtieth day being a “Billing Date”). Transaction Fees and Additional Fees are charged periodically, at the discretion of Magstack . On each Billing Date, you will be billed for all unpaid Charges that have not been previously billed. The Charges will appear on an invoice sent to the Store Owner’s Primary Email Address. The invoice will also appear on the Account page of your Store admin. Users will have approximately two weeks to report and resolve Subscription Fee billing issues.

If we are unable to process payment of the Charges using an Authorized Payment Method, we will make multiple attempts to process payment using any Authorized Payment Method. If we fail to process payment of the Charges within 28 days using an Authorized Payment Method, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated after you pay the outstanding Fees, plus the Fees applicable to your next billing cycle. It is possible that you will not be able to access your Account or your webshop during a period of suspension. If outstanding Charges are not paid 60 days after the date of suspension, Magstack reserves the right to terminate your Account in accordance with Section 14.

All Charges are exclusive of any applicable federal, provincial, state, local or other governmental sales, goods and services taxes (including those specified in Singapore’s Goods and Services Tax Act, Chapter 117A and Canada’s Harmonized sales tax ) and other charges and fees that are or will be in effect now or in the future (“Taxes”).

You are liable for all applicable Taxes arising out of or resulting from your subscription to or purchase of products and services from Magstack . To the extent that Magstack charges you for these Taxes, they will be calculated based on the tax rate applicable to the billing address you have provided to us. These amounts will be added to the Fees for the relevant products and services and will be charged to you through your Authorized Payment Method. If you are exempt from paying such Taxes, you must provide us with proof of this. In some jurisdictions, this means that you must provide an original and valid certificate proving the exemption. Tax exemptions only apply from the date on which we receive what Magstack believes is sufficient evidence of your exemption. If Magstack does not charge you any Taxes, you are solely responsible for verifying whether any Taxes are payable and for paying any Taxes yourself to the appropriate taxing authorities in your jurisdiction.

For the avoidance of doubt, all amounts owed by you to Magstack under these Terms of Service are payable without any deduction or withholding. With the exception of Taxes charged to you by Magstack and remitted to the appropriate tax authorities on your behalf, all legally required deductions and deductions are your responsibility and must be paid separately to the appropriate tax authorities. Magstack shall be entitled to charge the full amount of the Charges referred to in these Terms of Service to your Authorized Payment Method, without regard to any required deductions or deductions.

You are solely responsible for assessing, collecting, withholding, reporting, and remit any applicable taxes, fees, surcharges, and surcharges arising out of or resulting from sales on your Magstack store or your use of the Services . Any sales agreement you enter into through the Services is an agreement between you and the customer.

You must ensure that the location you specify in your Magstack store admin center is correct at all times. If you move to another jurisdiction, you must immediately update your location in the admin center.

Magstack does not issue refunds.

IN OTHER WORDS

Each store requires a valid payment method (such as a credit card) to pay for all fees, including your plan, transaction fees, and additional fees. Your Subscription Fee will be charged every 30 days. Any Transaction Fees and Additional Fees will be charged to your payment method. If we are unable to process the payment of the Charges through your payment method, we will try several more times through your payment method. If the Charges are not paid 28 days after our first attempt to process the payment, Magstack may suspend your store. You are solely responsible for the Taxes that you must remit to Magstack or your local tax authority in connection with your Store or use of the Services . No refunds.

 

6. Confidentiality

“Confidential Data” includes, but is not limited to, any information related to a party’s business that is not publicly available, including specific business data, technical processes and formulas, software, customer lists, prospect lists, names, addresses, and other information about customers and prospects, product designs, sales and cost data (including relevant administrative costs), price lists, and other unpublished financial data, business plans and marketing data, and any other confidential and proprietary information, whether or not designated as confidential or proprietary. Magstack Confidential Information includes any information related to Magstack itself or the Services you receive from us that is not publicly available, including information about our security programs and practices.

Each party agrees to use the other party’s Confidential Information only as necessary to perform its obligations under these Terms of Service, and in accordance with all other obligations under these Terms of Service, including this Section 6. Each of the parties agrees to take all reasonable steps (and at least substantially the same measures it takes to secure its own proprietary information) to prevent such Confidential Information from being copied, disclosed or used other than (i) by it employees, agents and subcontractors who need to have access to such Confidential Information to perform the party’s obligations under these Terms of Service, who will handle such Confidential Information in the manner prescribed herein, and who have obligations of confidentiality to the party that are at least as strict must comply n like those included herein; or (ii) to comply with any law or regulation or to give effect to a judgment of a court having jurisdiction over the parties and subject matter of these Terms of Service, provided that (to the extent permitted by law) the party receiving the Confidential Information promptly notifies the party providing it in writing and makes all commercially reasonable efforts to ensure that the information provided is kept confidential. Confidential Information does not include information that the receiving party can prove (A) was already in the public domain or already known to or in the possession of the receiving party at the time of disclosure; (B) that they were developed independently by the receiving party, without use of or reference to the other party’s Confidential Data, and without breaching any provision of these Terms of Service; or (C) that after providing it was lawfully obtained by the receiving party from a source other than the providing party, without thereby breaching any provision of these Terms of Service.

IN OTHER WORDS

Both you and Magstack agree to use the other’s Confidential Information solely to comply with the obligations of these Terms of Service. Confidential Information must be secured and kept secret.

 

7. Limitation of Liability and Indemnification

You expressly agree that Magstack and its suppliers shall not, to the fullest extent permitted by law, be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of goodwill, use or data or other intangible damages arising out of or in connection with the use of or inability to use the Service or these Terms of Service (even if arising out of negligence).

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners of Magstack , directors, officers, agents, employees and suppliers harmless from any claim or claim by any third party, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Service or the documents incorporated by reference (including our Acceptable Use Policy) ; (b) any breach by you of any provision of law or regulation or the rights of any third party; or (c) any element of the transaction between you and your Customer, including refunds, fraudulent transactions, actual or alleged violation of applicable law (including consumer protection laws), or any breach by you of the Terms of Service.

You are liable for any breach of the Terms of Service by your affiliates, agents or subcontractors, as if it were a breach by you personally.

You use the Services entirely at your own risk. The Services are provided to you “as is” and “as available ” without warranty of any kind, express, implied or statutory.

Magstack does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

Magstack does not warrant that the results that may be obtained from the use of the Services are accurate or reliable.

Magstack bears no responsibility for your tax obligations in connection with the use of Magstack ‘s Services .

Magstack does not warrant that the quality of any products, services, information, or other materials you purchase or obtain through the Services will meet your expectations, or that any errors in the Services will be corrected.

IN OTHER WORDS

We are not liable for any lawsuit if you have violated any law or this agreement, or have violated the rights of a third party. The Services are provided to you on an “as is” and “as available” basis. We make no warranties, and have limited liability for errors or interruptions.

 

8. Intellectual Property and Your Materials

8.1 Your Materials

 

We do not claim ownership of the Materials you provide to Magstack , but we do require a license to those Materials. You grant Magstack a non-exclusive, transferable, sublicensable, royalty – free , and worldwide license to host, use, distribute, publish, modify, run, copy, store, perform, publish (including by means of telecommunications), broadcast, reproduce, make available, display and translate, and create derivative works from it. We may use our rights under this license to operate, provide and promote the Services and to enforce our rights and obligations under the Terms of Service. You represent and warrant that you have all necessary rights in the Materials to grant this license. You irrevocably waive in favor of Magstack any personality rights you may have in the Materials, and you agree that this waiver may be invoked by anyone who may acquire rights in the Materials through Magstack , including anyone to whom Magstack has assigned rights in may transfer or grant (including by license or sublicense ) the Materials.

If you already owned the Materials before you made them available to Magstack , those Materials remain yours even if you uploaded them to your Magstack store, without prejudice to any right or license granted in the Terms of Service or otherwise . You can delete your Store on Magstack at any time by deleting your Account. Deletion of your Magstack Store does not terminate any rights or licenses to the Materials that Magstack requires under any rights or obligations accruing during the Term.

You agree that Magstack may at any time review and remove the Materials submitted to the Services, but Magstack has no obligation to do so.

You grant Magstack a non-exclusive, transferable, sublicensable , royalty-free , and worldwide license to use your Store’s names, brands, service marks, and logos (“Your Marks”) to operate, provide, and promote the Services and to exercise rights and obligations under the Terms of Service. This license survives the termination of the Terms of Service to the extent that Magstack needs this license to exercise any rights or fulfill any obligations incurred during the Term.

8.2 Intellectual Property of Magstack

 

You agree that you may not use any of Magstack ‘s trademarks, logos, or service marks, whether registered or not , including the Magstack word mark , the SHOP word mark, the SHOP PAY word mark, and the “S” and shopping bag design (” Magstack Marks”). “, unless Magstack has given you written permission to do so. You agree not to use or adopt any Marks that may be confused with the Magstack Marks . You agree that variations or misspellings of the Magstack Marks may be confused with the Marks of Magstack .

You agree not to purchase, register, or use any search engine or other pay -per-click keywords (such as Google Ads), brands, email addresses, social media names, or domain names (including top-level domains, subdomains and page URLs) that use or contain the word Magstack or Magstack ‘s Marks or that use or contain terms that may be confused with the Magstack trademarks.

You acknowledge that the Terms of Service do not grant you any right to use Magstack ‘s patents.

IN OTHER WORDS

What you upload to Magstack remains your property (if you are the original owner) and is your responsibility, but Magstack may use and publish the stuff you upload. Anything uploaded to Magstack remains the property and responsibility of the original owner. Magstack does obtain a license to the material published through our platform to use it to operate and promote our Services.

 

9. Additional Services

9.1 POS Services

 

Your access to and use of the POS Services is subject to the following terms, in addition to the terms that apply to the Services generally. The POS Services include the Magstack POS software (“POS Software”), the Magstack POS website at https://www.Magstack.com/nl/pos, programs, documentation, apps, tools, online services and components , and the Magstack POS Hardware (“POS Equipment”) provided to you by Magstack , and any updates thereto.

You need an active and valid Account for your access to and use of the POS services.

If you use POS services with Magstack Payments , you cannot use another payment processing service at the same time. The payment gateway used for your POS Services must be the same one you use for your Online Services, if any.

You may terminate your POS Services without terminating your Account or any other Services to which you have subscribed. In that case, you will still receive invoices for the Services (other than the discontinued POS Services), and you will still owe payment for them.

You agree to use the POS Services in accordance with any procedures that may be periodically provided by Magstack .

Although the POS Services use encryption technology and it is generally prohibited by law for third parties to monitor the transmission of data, we cannot guarantee the security of the connection to the POS Services and will not be liable for any unauthorized access or unauthorized use of data transmitted through the POS services.

POS equipment must be purchased and cannot be rented. Purchase of POS Equipment is subject to the POS Equipment Agreement, POS Equipment Agreement and Returns Policy for your country. After you pay for the POS Equipment and we confirm that we have shipped the POS Equipment to you, you acquire ownership of the hardware components of the POS Equipment and receive a limited, non-exclusive, revocable, non- sublicensable and non-transferable license to use all POS software (including any updates) installed in the POS Equipment solely for the purpose of using the POS Services. Returns and refunds do not apply to Chip & Swipe Reader, Swipe Reader with Audio Plug, and physical gift cards purchased from the Magstack Hardware Store.

The Charges for using the POS Services are determined based on the number of locations where you use the POS Services. Locations are determined by the business address and are used to link orders to a specific business address. Locations are added through the Magstack online management console of your Account. The number of locations where POS services are used is also detected by us and billed as part of your regular billing cycle. If the number of locations you added through the Magstack online management console does not match the number of locations detected by Magstack , the number of locations detected by Magstack will be considered the correct number.

IN OTHER WORDS

If you use our POS Services, you must use the same payment processor as for the Online Services. You can terminate your POS Services at any time and still keep your Online Services active. We are committed to data security, but we cannot guarantee that everything sent through the POS equipment is 100% secure. All transactions you send through the POS Equipment are at your own risk. Please note that the POS equipment is purchased and not rented. Our POS Equipment Return Policy applies to all POS Equipment except the Chip & Swipe Reader, Swipe Reader with Audio Plug, and physical gift cards.

 

9.2 Mag Stack Shipping

 

You can add shipping labels ( ” Magstack Shipping “) for the delivery of goods purchased from your Magstack store. Your access to and use of Magstack Shipping , in addition to these Terms of Service, are the Magstack Shipping terms of service apply. These can be found at (a) https://www.Magstack.com/legal/terms-shipping-us if you are in the United States; (b)​ https://www.Magstack.com/legal/terms-shipping-ca​ if you are located in Canada; or (c)​ https://www.Magstack.com/legal/terms-shipping-global if you are located outside of Canada or the United States.

IN OTHER WORDS

If you have Magstack Shipping , you must use the Magstack Shipping Terms of Service.

 

9.3 Text Messages

 

Using the Services allows you to send certain messages to your customers via SMS (e.g. confirming orders via SMS) (the “SMS Services”). You may use the SMS Services only in accordance with these Terms of Service, other applicable terms (including the applicable version of Nexmo Inc. ‘s Acceptable Use Policy and Twilio ‘s Acceptable Use Policy ), and the laws of the jurisdiction from which you sends messages and where your messages are received.

IN OTHER WORDS

If you use our SMS Services, you must comply with our terms, the terms of the SMS providers and the law.

 

9.4 ThemeStore _

 

You can control the appearance of your Magstack Store by using a template from Magstack ‘s Theme Store (a “Theme”). When you download a Theme, you are granted a license to use the Theme for only one Store. You may transfer a Theme to a second Store of your own if you close your first Store. To transfer a Theme to a second store of your own, you need to contact Magstack ‘s support team . You may not transfer or sell a Theme to another person’s Store on Magstack or elsewhere. Multiple Stores require multiple downloads, and each download requires payment of the applicable fee. Magstack makes no guarantee that a particular Theme will be available for re-download at a later date.

You can customize the Theme for your Store. Magstack may add or change footer text in a Theme that references Magstack at its discretion . Magstack may modify the Theme if, in Magstack ‘s opinion, it contains an element that violates Magstack ‘s Acceptable Use Policy or any other provision of the Terms of Service, even if you received the Theme in that state. Magstack can adapt the Theme to technical changes and updates as needed.

The designer of the Theme remains the owner of the intellectual property rights related to the Theme. If you fail to respect the rights granted to you when you purchase a Theme, the designer may take legal action against you and Magstack may , without prejudice to any other right Magstack may have, take action such as modifying or closing your Store.

Technical support for a Theme must be provided by the designer. Magstack assumes no liability to provide such support. Magstack can help you contact the designer.

The user, and not Magstack , is solely responsible for ensuring that the installation of a new Theme does not overwrite or damage the current or pre-existing Theme or the user’s user interface.

IN OTHER WORDS

You can buy Themes from us, which you can use for one Store at a time. You may modify our Themes, but you must respect the rights of the designers who own the Themes. If you have problems with a theme, you should contact the designer. Themes may no longer be offered after some time and are subject to change.

 

9.5 Magstack Email

 

Magstack ‘s email services (the “Email Services”). In addition to the terms that apply to the Services generally (including Magstack ‘s Acceptable Use Policy and Privacy Policy ), your access to and use of the Email Services are subject to the following terms:

 

Magstack employs various means of verification to pre-scan the content of email messages you send through the Email Services (“Content Screening”). Such Content Control is intended to help prevent spam, phishing , and other malicious content that violates these Terms of Service or Magstack ‘s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you expressly grant Magstack the right to proceed with this Content Review. Magstack does not warrant that the Email Services are free from Threats, and each Magstack merchant is responsible for all content generated by their respective Stores.

BY COMPOSING OR SENDING E-MAIL MESSAGES VIA THE E-MAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING OBLIGATIONS (THE “E-MAIL SERVICE OBLIGATIONS”). IF YOU FAIL TO COMPLY WITH OBLIGATIONS REGARDING E-MAIL SERVICES, Magstack AND ITS THIRD PARTY SUPPLIERS MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE E-MAIL SERVICES. 1. You must comply with all applicable laws when using the Email Services. This includes, but is not limited to, laws regarding spam or unsolicited commercial email, privacy, security, indecency, defamation, intellectual property, pornography, terrorism, state security, gambling, protection of minors, and other applicable laws and regulations. You are solely responsible for knowing and understanding the laws and regulations that apply to your use of the Email Services and to the email messages you compose or send through the Email Services. 2. You must comply with Magstack ‘s Privacy Policy when using the Email Services . You are solely responsible for reviewing and understanding the Privacy Policy applicable to your use of the Email Services and any email messages you compose or send through the Email Services. 3. You take all commercially reasonable measures not to send sensitive personal data via the E-mail Services, such as medical data or data about the state of health of an individual, data about race or ethnic origin or about political opinions and religious or philosophical beliefs , or other sensitive data (together referred to as “Sensitive Data”). You are solely responsible for accessing and understanding your obligations regarding Sensitive Data. 4. You must follow all applicable Magstack guidelines in your use of the Email Services . The following are examples of practices that may violate the Email Services Obligations if you compose or send email messages through the Email Services:

the use of non-consent based email lists (ie lists of recipients who have not each expressly consented to receive email messages from you through a clear active action);

using purchased or rented email lists;

using third-party email addresses, domain names, or mail servers without proper authorization;

sending email messages to non-specific addresses (e.g. webmaster@domain.com or info@domain.com);

sending e-mail messages that lead to an unacceptably high number of spam or unsolicited commercial e-mail complaints (even if the e-mail messages themselves are not spam or unsolicited commercial e-mail);

failure to include a working “unsubscribe” link in any email message that would allow the recipient to unsubscribe from the email list;

failure to comply with a recipient’s request to be removed from your email list within 10 days of receipt;

failure to include a link to the then-current privacy policy applicable to that email;

conceal the origin or subject of any email message or falsify or tamper with the sender’s email address, subject line, headers, or transmission details of any email message;

failure to include a valid physical mailing address or a link to that information in any e-mail message; or

sending “junk mail”, “chain letters”, “pyramid schemes”, solicitations (e.g., coupons, discounts, prizes or other enticements) or other material in an e-mail message that encourages a recipient to forward the e-mail message to another recipient to send.

If you or a customer becomes aware of or suspects a breach of the E-mail Service Obligations, we ask that you report it to abuse@Magstack.com. Magstack will determine in its sole discretion whether the E-mail Service Obligations have been complied with.

Magstack ‘s Email Services use Third Party Providers, including SendGrid (by Twilio ). Your use of the Email Services is governed by SendGrid’s Acceptable Use Policy, as may be amended by SendGrid from time to time.

IN OTHER WORDS

By using the Email Services, you agree that Magstack may use certain tools to ensure that the content of email messages sent through the Service is secure and complies with our rules.

 

9.6 Shop App

 

The Shop App is an application from Magstack that is made available to Eligible Merchants (as defined below) (the “Shop App”, more fully described herein), to connect with customers using the Shop App. app (each a “Shop App User”).

The Shop App is deemed to be part of the Services, and all terms and conditions applicable to the Services also apply to the Shop App. Without limiting this, and without prejudice to these Terms of Service and all applicable guidelines and policies, Magstack reserves the right at any time to deny any Merchant access to all or part of the Shop App for any reason without notice. Only Merchants who meet all requirements and do not sell prohibited products (as defined in the applicable version of the Shop Guidelines for Merchants ) may access and use the Shop App Services (“Eligible Merchants”).

We may display your Materials, including your service or product listings, your brands, and any other content, data, or information from your Magstack store in the Shop app. While Shop app Users can shop directly in the Shop app, the transaction is completed in your Magstack store. For the avoidance of doubt, it is noted that Section 7 (Limitation of Liability) and Section 8 (Intellectual Property) apply to the use of your Materials in the Shop App and to your liability for your Materials and for the purchases made through your Magstack – shop are done.

Your Materials and your use of the Shop App must at all times comply with our Shop Guidelines for Merchants , these Terms of Service, the Additional Terms, all applicable policies and guidelines, and applicable law.

As with other aspects of the Service, Magstack has no obligation to intervene in any dispute between you and your customers (including Shop app users).

The Shop app ranks content based on factors such as its relevance to a query or to a user’s interests, the quality of the imagery, the quality of the domain, and how often other users have interacted with the content. More information about how content appears in the Shop app can be found on the Help Center pages for the Shop app.

If you do not want your Materials to be offered in the Shop App, you must manage or deactivate this Service yourself. If you’ve installed the Shop app sales channel, read these instructions. If you don’t already have the Shop app sales channel installed on your Magstack store, you can install it here. If the Shop App sales channel is not currently supported in your country, please contact the support team to remove your Materials from the Shop App. Please note that if you remove your Materials from the Shop App, Shop App Users who purchase something from your Magstack store can continue to view, manage, and track their purchase in the Shop App. Deleting your Magstack account will also delete your assets from the Shop app.

IN OTHER WORDS

The Shop app is a sales channel made available only to eligible Merchants that displays Materials from your Magstack store. If you do not want your Materials to be offered in the Shop App, you must manage or deactivate this Service yourself.

 

9.7 Services of Third Party Providers, Experts and Experts Marketplace

 

Magstack may periodically recommend, allow you to access, or enable software, applications (“Apps”), products, services, or links to third party websites (collectively, “Third Party Services”), with the intent that you may consider or use, including through the Magstack App Store or the Experts Marketplace. These Third Party Provider Services are provided for convenience only. By accessing, purchasing or using such Services from third party providers, you are establishing a relationship only between you and the applicable third party service provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to the additional terms that apply to the services you purchase from or are provided by Third Party Providers.

Magstack Experts is an online guide of independent third parties (“Experts”) that can help you create and operate your Magstack store.

You can engage and collaborate with Experts either directly or through the Experts Marketplace. Experts Marketplace recommends you Experts who can help you with various aspects of your Store. By using Experts Marketplace, you can find, hire and interact with Experts directly through your Account Management.

If you use any third-party Services offered through the Services, Magstack Experts, Experts Marketplace or Magstack ‘s website , you do so entirely at your own option and risk, and are solely responsible for the terms and conditions and/or review the privacy policies of such Third Party Provider Services before using them. In certain cases, Magstack may receive a revenue share from Third Party Vendors that Magstack has recommended to you or that you otherwise engage through your use of the Services, Magstack Experts, Experts Marketplace or Magstack ‘s website .

We make no representations or warranties to you regarding Third Party Services. You acknowledge that Magstack has no control over Third Party Services and shall not be responsible or liable to you or others for such Third Party Services. The fact that Third Party Services are made available on Magstack websites , including the Magstack App Store or in the Experts Marketplace, or the integration or enabling of such Third Party Services in the Services does not constitute an express or implied endorsement , authorization, endorsement or connection by or with Magstack . Magstack does not guarantee the availability of Third-Party Provider Services, and you acknowledge that Magstack may disable access to any Third-Party Provider Service at any time, in its sole discretion, without prior notice to you. Magstack is not responsible and shall not be held liable for any termination or suspension of access to Services from third party providers, or for disabling those Services. Magstack strongly recommends that you seek the advice of an expert before using or relying on Third-Party Services to ensure that they meet your needs. In particular, tools for calculating the taxes you must charge your customers are for informational purposes only, and are not a substitute for independent tax advice.

If you install or enable Services from Third Party Providers for use with the Services, you authorize us to allow such Third Party Provider to access your information and other Materials, and to allow such Third Party Provider to do whatever is necessary to ensure that the third-party provider’s Service works properly with the Services. The exchange of data or other Materials and any other interaction between you and the Third Party Provider is solely between you and the Third Party Provider. Magstack is not responsible for any disclosure, alteration, or deletion of your information or other Materials, or for any related loss or damage suffered by you as a result of any Third Party Provider or Third Party Service’s access to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. You may use the Services only if you agree to the “Google Maps and Earth Enterprise Universally Acceptable Use Policy”, the Google Maps /Google Earth Additional Terms of Service , and the Google Privacy Policy , as may be updated by Google from time to time.

You agree (i) that if you post a support request or other information on the Experts Marketplace, one or more Experts may contact you through the Primary Email Address (or any other email address you have specified) and via the e-mail address of the relevant user; and (ii) that Magstack will receive all email messages between you and the Experts that are exchanged through the Experts Marketplace or that are sent (directly or indirectly) from the Experts Marketplace as a reply (each, a “Reply”). You further agree that Magstack may forward to Experts your contact information and the background information you provide through the Experts Marketplace. Experts may need access to certain pages to manage your Magstack store. You decide which pages the Experts can access.

The relationship between you and any Third Party Provider is solely between you and that Third Party Provider. Magstack is under no obligation to intervene in any dispute between you and a Third Party Provider .

Magstack be liable for any direct, indirect, incidental, special or consequential damages, punitive damages, or any other damages of any kind arising out of any Third Party Provider Service or your contractual relationship with any Third Party Provider , including an Expert. These limitations apply even if Magstack has been advised of the possibility of such damages. The limitations set forth herein apply to the fullest extent permitted by law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Magstack partners , directors, commercial agents, employees and suppliers harmless from any and all claims, including reasonable attorneys’ fees, arising out of your use of a Third Party Provider Service or your relationship with a Third Party Provider.

IN OTHER WORDS

We are not liable for Third Party Services, which you use at your own risk. By using Third Party Services on the Magstack platform, you authorize us to forward your data (and possibly your Customers’ data) to those services. If you use Services from third party providers, you agree that we make no warranties. So make sure you get advice beforehand.

 

9.8 Beta Services

 

Magstack may from time to time and in its sole discretion invite you to use beta or pre-release features on a trial basis that are still in development and are not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services. Beta Services may be subject to additional terms and conditions, which Magstack will provide to you prior to your use of the Beta Services. Such Beta Services and all related conversations and materials shall be deemed to be Magstack Confidential Data, subject to the confidentiality provisions of this agreement. Without limiting the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Magstack ‘s prior written consent . Magstack does not guarantee that the Beta Services will work. Magstack may discontinue the Beta Services at any time in its sole discretion. Magstack is not liable for any damage or injury arising out of or in connection with any Beta Service. The Beta Services may operate differently than the final version. Magstack may, in its sole discretion, decide to modify Beta Services or not to release a final or commercial version thereof.

IN OTHER WORDS

From time to time Beta Services may be offered. They are not part of the regular Services, may contain errors and are subject to change at any time. You use Beta Services at your own risk, and we are not liable for any loss or damage resulting from your use of Beta Services. You may be required to keep your use of Beta Services confidential.

 

10. Feedback and Reviews

Magstack is interested in your ideas and suggestions about improvements and additions to the Services. In no event shall providing Magstack with any idea, suggestion, or related material, or review of the Services, or any Third-Party Vendor Services, or Third-Party Vendors (collectively, “Feedback”) create a duty of confidentiality or compensation. from Magstack . By providing Magstack Feedback (either directly to Magstack or by posting the Feedback to a page or forum hosted by Magstack ), you waive all rights in the Feedback and agree that Magstack may use the Feedback as provided or as modified by Magstack , implement and use it at its own discretion, without obtaining any permission or license from you or any third party. Reviews that you provide to Magstack about a Third Party Provider Service or about a Third Party Provider must be accurate to the best of your knowledge and must not be unlawful, lewd, threatening, defamatory, invasive of privacy, infringe any intellectual property rights , or otherwise be objectionable or harmful to any third party. Magstack reserves the right to remove or edit Feedback about Third Party Services or about Third Party Vendors, but has no obligation to do so, nor does it regularly review posted Feedback.

 

IN OTHER WORDS

We welcome customer feedback. Feedback may be used by us as we see fit, and we are under no obligation to keep any ideas or suggestions about our Services or the Services of any third party confidential.

 

11. DMCA Notice and Takedown Procedure

Magstack supports intellectual property protection, and asks Magstack ‘s merchants to do the same. We respond to all notices of alleged copyright infringement. If anyone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA notice to the appropriate person at Magstack using a form that we provide . Upon receipt of a DMCA notice, we may remove or disable access to the Materials that are claimed to be infringing a copyright. After we have notified him or her of the deletion, the merchant can object to the complaint by sending a counter-notice via the form we provide. The original complainant then has 14 business days after we receive the counter-notice to request an injunction preventing the merchant from continuing the infringing activity. If not, we will return the Materials. Learn more about reporting intellectual property rights violations.

 

IN OTHER WORDS

Magstack respects intellectual property rights. You should too. If we receive a DMCA notice, we may block or remove the infringing content from your Store. If you think the complaint is unjustified, you can file a counter-notice. If you believe one of our merchants is infringing your intellectual property rights, you can send Magstack a DMCA notice. We will then quickly proceed to block or remove the content and notify the merchant .

 

12. Privacy and Data Protection

Magstack is fully committed to protecting the privacy of your personal data and the personal data of your customers. By using the Service, you agree that Magstack ‘s Privacy Policy applies to Magstack ‘s collection, use, and disclosure of this personal information .

 

To the extent that Magstack processes personal data of your customers as a “processor” or “service provider” under certain privacy or protection laws, including the EU or UK General Data Protection Regulation and the US California Consumer Privacy Act, the collection and use of personal data by Magstack is also subject to our Data Processing Addendum.

 

IN OTHER WORDS

Magstack ‘s use and collection of personal information is governed by our Privacy Policy . The use and collection of customer personal data is further governed by our Data Processing Addendum.

 

13. Magstack Contracting Party

If your Store’s billing address is located in the United States or Canada, then this Section 13.1 applies to you:

 

” Magstack ‘s Contract Party ” becomes Magstack Inc. means a Canadian corporation with address at 151 O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8, Canada.

 

The parties irrevocably and unconditionally agree that the courts of the Canadian province of Ontario shall have exclusive jurisdiction over 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 does not apply to these Terms of Service and is hereby expressly excluded.

 

If your Store’s billing address is located in the Asia/Pacific region (including Australia, New Zealand, China, Japan, and Singapore), then this Section 13.2 applies to you:

 

Magstack Commerce Singapore Pte . _ _ Ltd. means a company incorporated under the laws of Singapore, with address at 77 Robinson Road, #13-00 Robinson 77, Singapore 068896.

 

The parties irrevocably agree that the courts of Singapore shall have exclusive jurisdiction in any dispute arising out of or in connection with the Terms of Service and that any dispute arising out of or in connection with the Terms of Service shall be brought before such courts. submitted. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service and is hereby expressly excluded.

 

If your Store’s billing address is located in the EMEA region or in any other jurisdiction not listed in Section 13.1 or 13.2, including Europe and Russia, the Middle East, Africa, South America, the Caribbean or Mexico, does this Article 13.3 apply to you:

 

Magstack Contracting Party ” means Magstack International Limited, a private limited liability company incorporated in Ireland under company number 560279, whose registered office is at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH, whose website can be found at https://www.Magstack.com/nl.

 

You irrevocably and unconditionally agree to submit any disputes arising out of or in connection with the validity, performance, interpretation or performance of these Terms of Service to the courts of Ireland having jurisdiction therein, and you irrevocably and unconditionally waive any objection alleging that a lawsuit, action or proceeding has been brought by Magstack in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service and is hereby expressly excluded.

 

14. Duration and Termination

These Terms of Service are effective on the date you complete your registration to use a Service and will remain in effect until terminated by us in accordance with the following (“Term”).

 

You may cancel your Account and terminate the Terms of Service at any time by contacting Magstack ‘s support team and following the instructions they send you.

 

Without prejudice to any other remedy, Magstack may, without notice, at any time and for any reason, suspend or terminate your Account or the Terms of Service, to the extent permitted by law, such as when we conviction, settlement, escrow or insurance investigation or otherwise) suspect that you have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will not affect any rights and obligations that arose prior to the date of termination.

 

Upon termination of the Services by either party for any reason:

 

Magstack will no longer provide you with the Services, and you will no longer have access to your Account;

 

you will not be entitled to any refund of any Charges (pro rata or otherwise), unless otherwise provided in these Terms of Service;

 

all outstanding amounts owed by you to Magstack for the use of the Services until the effective date of termination are due immediately and in full; and

 

we’ll take your Magstack store offline.

 

If you purchased a domain name through Magstack , it will no longer automatically renew after you cancel. After termination, you are responsible for arranging all matters related to your domain yourself with the domain provider.

 

If you still owe us Fees on the date the Service is terminated, you will receive a final invoice by email. After this invoice has been paid in full, you will not be charged anything more.

 

IN OTHER WORDS

You must contact the support team if you wish to terminate your Account. Magstack will then send you specific information about terminating your Account. Once the termination is confirmed, domains purchased through Magstack will no longer automatically renew. If you cancel midway through your billing cycle, you’ll receive one final invoice by email.

 

We may terminate your Account at any time.

 

15. Changes

We reserve the right to change these Terms of Service in whole or in part at any time in our sole discretion. If changes materially adversely affect your use of the Services or your rights under the Terms of Service, we will provide you with reasonable advance notice of such changes by email to the Primary Email Address, a notification in the Magstack admin center, or through a similar channel. However, Magstack may make changes at any time that materially adversely affect your use of the Services or your rights under the Terms of Service, effective immediately, (i) as required by law or regulation, to prevention of fraud or abuse, or for security reasons; or (ii) to block products or activities that we consider unsafe, inappropriate or offensive. Unless otherwise stated in our notice (if any), any changes to the Terms of Service will be effective immediately upon posting of the modified Terms of Service at this location. Your continued use of the Services after the amended Terms of Service have been posted or we have notified you, as the case may be, that you agree to the amended Terms of Service. If you do not agree to the changes to the Terms of Service, you may not continue to use the Services.

 

Magstack may periodically change the Fees for the Services. We will notify you 30 days in advance by email to the Primary Email Address, a notification in the Magstack admin center, or through a similar channel. Magstack shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service, in whole or in part.

 

IN OTHER WORDS

When we make changes to the Terms of Service that have a material adverse effect on your rights under the Terms of Service or your use of the Services, we will notify you in advance (unless, for example, the change is related to legal obligations or is intended to prevent abuse of our Services).

 

16. General Provisions

The Terms of Service, including all documents incorporated by reference into the Terms of Service, constitute the entire agreement between you and Magstack and govern your use of the Services and your Account. They supersede all prior agreements between you and Magstack (including prior versions of the Terms of Service).

 

The Magstack’s failure 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 incorporated by reference into the Terms of Service, is found by a court of competent jurisdiction to be contrary to law, such provision shall be modified and construed so as to defeat the purposes of the original provision. best and to the fullest extent permitted by law, and the remainder of the Terms of Service shall remain in full force and effect.

 

Other than Magstack and its affiliates, you and people who access Magstack ‘s Services under these Terms of Service, no person or entity that is not a party to these Terms of Service shall have any right to enforce any provision of these Terms of Service, whether or not such person or entity is identified by name, is part of a group, or fits a particular description, unless otherwise provided in these Terms of Service. For the avoidance of doubt, this is without prejudice to the rights of permitted assigns under these Terms.

 

The Terms of Service shall be applied and construed in accordance with the applicable laws of the Canadian province of Ontario and Canada, excluding its private international law rules.

 

If any translation of these Terms of Service is incompatible with the English language version thereof, the most recent English language version of the Terms of Service, located at ​https://www.Magstack.com/nl/legal/terms-and-conditions​, will prevail. All disputes arising out of or relating to these Terms of Service will be handled in the English language, unless Magstack determines otherwise in its sole discretion or unless otherwise required by applicable law.

 

All provisions of the Terms of Service are binding on and inure to the benefit of the parties to the Terms of Service and their respective heirs, successors in title, permitted assigns and legal representatives. Magstack has the right to assign these Terms of Service without prior notice to you or your consent. You may not assign the Terms of Service or your rights or obligations under the Terms of Service to any third party without Magstack’s prior written consent , which may be given or withheld in Magstack ‘s sole discretion .

 

If any provision of these Terms of Service is held to be invalid, illegal or unenforceable in whole or in part for any reason, such invalidity, illegality or unenforceability shall not affect the other provisions (or the unaffected portion of the provision ) of the Terms of Service and the Terms of Service shall be construed as if such invalid, tortious or unenforceable provision or partial provision was never part of the Terms of Service.

 

Upon termination, all related rights and obligations under the Terms of Service will also immediately terminate, except for your obligations related to transactions entered into prior to termination and all obligations incurred prior to or as a result of termination. The provisions of Sections 1 (Account Conditions), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and your Materials), 9.7(8)-(10) ( Services of Third Party Providers, Experts and Experts Marketplace), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Contracting Party of Magstack ), 14 (Cancellation and Termination), 15(1) (Changes) and 16 (General provisions) will survive the expiration or termination of these Terms of Service.