The following are terms and conditions (the Terms) for the use of Snap Ecommerce(TM) (Snap Ecommerce), and all of its included services and tools (the Services).
The Terms are between you (Customer) and Snap Ecommerce, a trademark registered by Dextel Graphiques Inc. The Terms are made effective immediately upon sign-up of the Services. Sign-up for or use of the Services signifies that you, the Customer, have read, understood, and agreed to be bound by the Terms, as well as any policies posted to http://www.snapecommerce.com
Please read these Terms carefully, as each Customer must accept them prior to obtaining the rights to use the Snap Ecommerce Services.
- Services and Support
- The Services are provided subject to these Terms, and any operating policies that Snap Ecommerce may establish. Snap Ecommerce may make changes to these terms and policies, and continued use of the Services constitutes the Customer’s acceptance of any such changes. You are advised to check these Terms from time to time for any updates or changes that may impact you.
These terms are available online at http://www.snapecommerce.com/terms
- Snap Ecommerce grants you a limited, non-exclusive license to use the Services as defined by the plan you have selected for the sole purpose of operating an online store. All rights not expressly granted are hereby reserved by Snap Ecommerce.
- Customer must complete a sign-up form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the sign-up form, and will update the information to keep it current. As part of the sing-up process, Customer will identify an email address and password for Customer's Snap Ecommerce account. Customer is solely responsible for maintaining the security of the Customer account, passwords, and files.
- Customer is responsible for all activity and content (data, text, graphics, photos, links, or files) that is uploaded under Customer’s Snap Ecommerce account. Although Snap Ecommerce has no obligation to monitor the content provided by Customer, or Customer’s use of the Services, Snap Ecommerce, in its sole discretion, reserves the right to refuse to provide Services to any one at any time and for any reason. If Snap Ecommerce exercises this right, no refunds for past Services received will be issued.
- You may not use the Snap Ecommerce service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Quebec. Snap Ecommerce will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services. Examples of violations are included in the sub-sections below, but are by no means limited to said clauses. Violation and possible consequent termination of Services may be determined at the sole discretion of Snap Ecommerce.
- No Customer may utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
- Profanity or profane subject matter on the website is prohibited. Snap Ecommerce reserves the right, but is not obligated to, refuse any Customer, or terminate any Customer’s account if the content on their website is deemed inappropriate. This right of refusal applies to all sections of the Customer’s website, including the domain name, in addition to the sections of the website powered by Snap Ecommerce. The determination of what constitutes inappropriate content is at the sole discretion of Snap Ecommerce.
- Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
- Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Snap Commerce is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
- Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
- "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Snap Ecommerce is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- The use of the Services to store, post, display, transmit, sell or otherwise make available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, or fail to comply with applicable online privacy laws, is prohibited. Snap Ecommerce offers its Services to host ecommerce web sites, not to store data.
- Snap Ecommerce offers its Services to host ecommerce web sites, not to store data. Ising an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice.
- Other Activities. Engaging in any activity that, in Snap Ecommerce's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Snap Ecommerce's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Snap Ecommerce's Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Snap Ecommerce in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.
- Snap Ecommerce has adopted a policy that provides for termination of any store using the Snap Ecommerce Services that are found to infringe on copyrights of third parties. If sufficient evidence of copyright infringement has been presented, which is at the total discretion of Snap Ecommerce, Snap Ecommerce reserves the right, while being under no obligation to do so, to take the appropriate actions and comply with any legal authorities or claims.
- Eligibility, Account Ownership, and Communication
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The information entered on the sign-up form during registration for the Services will be used as the contact information for the use of Services. All important confirmations, notices, changes to the Services, alerts and any other official communications from Snap Ecommerce to the Customer will be sent via email to the email address provided by the Customer. This will be the only method of communication, for a multitude of purposes, from Snap Ecommerce to Customer. It is the responsibility of the Customer to keep this information and email address up-to-date, to ensure receiving important information from Snap Ecommerce promptly. After registration, the Customer can change this information in their administration at any time.
- The entity or person creating the account and designated as the owner shall be deemed the account owner. Disputes sometimes arise between or among multiple persons claiming ownership of or rights to a site, store or account. Snap Ecommerce is not obligated to and will not resolve any such disputes.
- Restrictions and Responsibilities
- Rights to source codes, work-up files and computer programs are specifically not transferred to the Customer, and remain the property of Snap Ecommerce. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services, documentation or data related to the Services; modify, translate or create derivative works based on the Services; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services; use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
- Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent of Snap Ecommerce.
- Snap Ecommerce and Snap Ecommerce personnel may occasionally recommend third party software or other products and services for your consideration. SNAP ECOMMERCE MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM SNAP ECOMMERCE, INCLUDING THE COMPATIBILITY OF SUCH PRODUCTS AND SERVICES WITH SNAP ECOMMERCE SERVICE. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.
- Software Updates
- From time to time, Snap Ecommerce may update the software associated with a Service for reasons, including but not limited to, (a) enhancing software security; (b) to fix bugs or problems in previous versions; and/or (c) to enhance functionality or features. Snap Ecommerce makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. Further, Snap Ecommerce shall not be responsible for the effect an update has on any code not provided by Snap Ecommerce and any modifications to such code to restore functionality shall be Customer's sole responsibility and cost.
- Snap Ecommerce provides technical support only to paying and active Customers, limited to the availability of Snap Ecommerce customer service representatives. Snap Ecommerce makes no guarantee of a timely response to any technical support request, and will respond to inquiries or issues at the sole discretion of Snap Ecommerce. Snap Ecommerce reserves the right to refuse any technical support request, should Snap Ecommerce deem this appropriate.
- Use of Content, Names & Trademarks
- Customer hereby grants Snap Ecommerce a non-exclusive right to use the Customer’s name, trade names, trademarks, and service marks on, but not limited to, Snap Ecommerce’s own websites, printed and online advertising, publicity, directories, newsletters, and updates describing Snap Ecommerce’s services.
- Customer may not use the Snap Ecommerce trade name and trademark, in advertising and publicity, or for any other purpose, unless that Customer submits a copy to Snap Ecommerce requesting its written approval. Customer further understands that under no circumstances shall such use imply that Snap Ecommerce endorses, sponsors, certifies, approves or is responsible for such materials and content.
- Snap Ecommerce retains the right to display graphics and other Web design elements resulting here from as examples of their work in their respective portfolios.
- 6.4 Snap Ecommerce retains the right of a text display in the Snap Ecommerce powered section of each Customer website reading “Powered by Snap Ecommerce”, containing a link to the Snap Ecommerce website (www.snapecommerce.com)
- Customer understands that by uploading images, item descriptions, and other forms of content to Snap Ecommerce, you agree that you, the Customer, intends to allow other Internet users to view the uploaded content, and agree to allow Snap Ecommerce to display, store, and at any time, review all the content submitted by you to its Service.
- Snap Ecommerce reserves the right to provide the Services (or any part thereof) to Customer’s competitors and makes no promise of exclusivity in any particular market segment. Customer further acknowledges and agrees that Snap Ecommerce employees and contractors may also be Snap Ecommerce customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- Limitation of Liability and Warranty Disclaimer
- USE OF THE SERVICE IS AT THE SOLE RISK OF THE CUSTOMER. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY SNAP ECOMMERCE, SNAP ECOMMERCE AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SNAP ECOMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. SNAP ECOMMERCE HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY SNAP ECOMMERCE OR SNAP ECOMMERCE’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES OR PROFESSIONAL CONSULTANTS, SHALL CREATE A WARRANTY. SNAP ECOMMERCE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. SNAP ECOMMERCE DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. SNAP ECOMMERCE DOES NOT GUARANTEE COMPATBILITY WITH CUSTOMER’S CURRENT WEBSITE, AND THE SERVICE MAY INTERFERE OR DISRUPT CURRENT FEATURES OR ASPECTS OF THE WEBSITE. SNAP ECOMMERCE DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICES OF SNAP ECOMMERCE IN PARTICULAR.
- You, the Customer, agree to defend, indemnify and hold Snap Ecommerce, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Snap Ecommerce's own gross negligence or willful misconduct. Snap Ecommerce reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.
- Snap Ecommerce makes no official claim to the functionality in any or all ways of the Services with any platforms, browsers, or devices. These third-party products and services are not controlled by Snap Ecommerce, and therefore cannot be guaranteed as to their compatibility with the Service. If a Customer experiences issues of compatibility or functionality that render the Service insufficient for their needs, the Customer can request a full refund within 14 days of the initial sign-up date. Once 14 days have passed since the initial sign-up, no refunds will be issued. Customer can cancel the Services at any time.
- Customer understands that all content (exclusive of credit card information), may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- Interruption of Services, Services Error Disclaimer and Backups
- CUSTOMER USES THE SERVICES AT ITS OWN RISK. SNAP ECOMMERCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION, ANY PROFESSIONAL SERVICES YOU MAY RECEIVE FROM SNAP ECOMMERCE). THE SERVICES ARE PROVIDED "AS IS" AND SNAP ECOMMERCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- Backups. For its own operational efficiencies and purposes, Snap Ecommerce performs back-ups of data on its servers daily, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA ON SNAP ECOMMERCE SERVERS, AND UNDER NO CIRCUMSTANCES WILL SNAP ECOMMERCE BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER'S FILES AND/OR DATA ON ANY SNAP ECOMMERCE SERVER.
- In the event that a Customer is the target of a DDoS or any other form of attack, or experiences abnormal traffic to the website for any reason whatsoever, the Customer consents to Snap Ecommerce performing mitigation procedures with or without notice to you and without liability for any delay, disruption or interruption of service. Such procedures may include, but are not limited to, taking your website offline in order to isolate your website in a quarantine server, implementing ACL (access control lists), IP filtering, IP blocking, or any other mitigation techniques necessary to block the DDoS or other attack. Further, these techniques will remain in place until your website experiences at least 48 hours of continuous non-malicious, "normal" traffic. If any of these rights are exercised, Snap Ecommerce does not guarantee that the Service will continue to run at all, or to its full capacity and functionality. Snap Ecommerce encourages Customers to provide advanced notice if they are expecting increases in traffic to abnormal levels, so that appropriate actions, when possible, can be taken.
- Payment and Fees
- In consideration of the Services, Customer will pay Snap Ecommerce all fees due according to the prices and terms listed on the website. Snap Ecommerce expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this website and effective immediately without need for further notice to you, the Customer.
- Upon sign-up, the Customer shall be granted a license to use the Snap Ecommerce Services for one month, and any subsequent months for which the Customer pays the monthly fees.
- All payments to Snap Ecommerce are payable via a valid credit card. Snap Ecommerce uses a secure payment gateway to process charges monthly. Snap Ecommerce does not ever store the Customer’s credit card information, except for the last four digits on the credit card number, which are stored and displayed in the Customer’s account administration, for their reference.
- It is the Customer’s responsibility to keep the credit card information in their Snap Ecommerce account up to date and assure that the transaction can be performed successfully, or risk suspension or termination of services. If a modification to the credit card is necessary, a change can be made in the Customer’s account administration.
- Canadian Customers are subject to any applicable sales taxes now enforced (“Taxes”). These Taxes are based on the rates applicable to the Canadian billing address provided at sign-up, and applied to the credit card automatically, in addition to the sign-up price. Customers outside of Canada are not subject to these Taxes.
- Should the Customer’s billing location change, to the effect that the Customer should legally be subject to different tax rates than were previously charged, it is the Customer’s responsibility to contact Snap Ecommerce directly and immediately, via email, in order to have the change made and applied to the recurring charges. Snap Ecommerce can be contacted for this purpose at firstname.lastname@example.org.
- Snap Ecommerce does not issue refunds, except in the case of the 14-day satisfaction guarantee. The satisfaction guarantee states that within fourteen (14) days of the Customer’s initial sign up of the Service, a refund can be requested, in the Customer’s Snap Ecommerce account administration, where an email request form for a refund is provided. Once 14 days have passed since the Customer’s initial sign-up date, all sales are final and no partial or full refunds will be issued.
- Payment for the initial month of the Snap Ecommerce Service is due immediately upon sign-up for the Service. Payments are henceforth charged to the Customer’s credit card on a monthly basis, automatically. Details of the exact billing dates can be found in the Billing Procedures.
- It is solely the Customer’s responsibility to assure that payments are made successfully to Snap Ecommerce for the rights to use the Service. If a charge to the Customer’s credit card is attempted and failed, additional attempts will be made. If unsuccessful, Snap Ecommerce reserves the right to take action at their discretion, which can include but is not limited to limitations, suspension, closure or deletion of the account. Snap Ecommerce may choose to exercise the right, but is under no obligation, to notify the customer of the failed transaction attempt, and allow the Customer to edit the necessary billing information in their account.
- Upgrade and Downgrade of Accounts
- The Customer can upgrade or downgrade accounts at any time. When an account is upgraded, the change will take effect immediately. The cost increase is calculated for the first month on a pro-rated basis. In any subsequent months, the Customer is billed for the full amount of the plan to which they have upgraded. When an account is downgraded, the change will only be reflected at the end of the Customer’s billing cycle. Details of these procedures are outlined in the Billing Procedures.
- Important Note: If, at the time of the downgrade, the Customer’s store is over the allotted product limit for the new downgraded account, the most recently added products will be removed automatically until the total number of products in the Customer’s store is within the limits of their new account. Features included in the previous account plan, but not included in the downgraded plan, will also be removed at the time of the downgrade.
- Customer may terminate their Service at any time. No partial or full refunds are issued at any time past 14 days after the initial Customer registration. Service will be terminated at the end of the billing period and the Snap Ecommerce store can be removed from the Customer’s website at any time, simply by removing the HTML code that the Customer placed on their website to create the store initially.
- Snap Ecommerce reserves the right to modify or terminate any Customer’s Service for any reason, with or without notice, at any time.
- Snap Ecommerce reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
- Snap Ecommerce may modify or terminate these Terms or the Services at any time with or without cause, and with or without notice. Snap Ecommerce shall have no liability to Customer or any third party because of such termination.
- Upon termination for any reason, Snap Ecommerce may immediately delete any Customer archived data, anytime on or after the date of termination. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
- Governing Law
- These Terms shall be governed by the laws of the province of Quebec, in Canada, without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Snap Ecommerce, Customer agrees that all disputes, if any, involving Snap Ecommerce shall be subject exclusively to the jurisdiction of the Provincial and Federal Courts within the Canadian province of Quebec. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these and/or in connection with any claim or dispute involving Snap Ecommerce. Customer hereby waives any and all objections that it has or might have, known or unknown, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against Snap Ecommerce outside the province of Quebec; and, that Customer, if involved before a court in a lawsuit outside of the province of Quebec, shall be deemed to support and to stipulate to a motion made by Snap Ecommerce to dismiss said lawsuit with respect to Snap Ecommerce.
Dextel Graphiques Inc.
2550 Bates Rd, Suite 104,
Montreal, QC, Canada,