Store opening agreement
Store opening agreement
1. Account Terms
(1) To access and use the Services, you must register for a bEYUaccount (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. bEYUmay reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
(2) You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
(3) You confirm that you are receiving any Services provided by bEYUfor the purposes of carrying on a business activity and not for any personal, household or family purpose.
(4) You acknowledge that bEYUwill use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to bEYUand your Primary Email Address must be capable of both sending and receiving messages. Your email communications with bEYUcan only be authenticated if they come from your Primary Email Address.
(5) You are responsible for keeping your password secure. bEYUcannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
(6) Technical support in respect of the Services is only provided to bEYUUsers. Questions about the Terms of Service should be sent to bEYUSupport.
2. Account Activation
2.1 Store Owner
(1) If you sign up for the Service, you will be the store owner. You must use an email address and you represent and warrant that you comply with our Terms of Service.
(2) Your bEYUStore can only be associated with one Store Owner. A Store Owner may have multiple bEYUStores. You agree to use
2.2 Shop Pay
(1) After completing the service registration, bEYUPayments will be automatically registered and Shop Pay will automatically appear as a checkout option on your checkout page.
(2) If your customers have enabled Shop Pay, customers may purchase goods and services from your bEYUStore using Shop Pay.
(3) By using Shop Pay on your bEYUStore, you agree to be bound by the
3. bEYU Rights
(1) The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
(2) bEYUdoes not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our these Terms of Service.
(3) Verbal or written abuse of any kind (including threats of abuse or retribution) of any bEYUemployee, member, or officer will result in immediate Account termination.
(4) We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that bEYUemployees and contractors may also be bEYUcustomers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 5) in doing so.
(5) In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
(6) bEYUreserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, bEYUreserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
4. Your Responsibilities
(1) You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your bEYUStore.
(2) You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your bEYUStore, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, bEYUwill not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.
(3) You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
(4) You may not use the bEYUServices for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
5. Confidentiality
(1) “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. bEYU’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
(2) Each party agrees to use the other party’s Confidential Information only as necessary to perform its obligations under these Terms of Service and any other obligations in these Terms of Service, including this Section 5. Each party agrees that it will take all reasonable steps, at least substantially equivalent to those steps taken to protect its proprietary information, to prevent the copying, disclosure or use of any such Confidential Information, but (i) must have access to such Confidential Information , and shall be processed by or to whom such information is provided by each party's employees, agents and subcontractors, except to perform its obligations under this Agreement, and each party shall handle such confidentiality in the manner provided in this Agreement Information, and each party shall be subject to obligations of confidentiality at least as strict as those contained in this Agreement; (ii) the receiving party will provide written notice to the disclosing party and use commercially reasonable efforts to secure such disclosure be treated confidentially. Confidential Information does not include any information that the Receiving Party can demonstrate: (A) is in the public domain or was already known or possessed by the Receiving Party at the time such information was disclosed; (B) was independently developed by the Receiving Party without use or reference to the Confidential Information of the other party , and does not violate any provision of these Terms of Service; (C) the receiving party thereafter correctly obtains it from a source other than the disclosing party, and does not violate any provision of these Terms of Service.
6. Limitation of Liability and Indemnification
(1) You expressly understand and agree that, to the extent permitted by applicable laws, bEYUand its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
(2) You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, bEYUpartners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference ; (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws , or your breach of the Terms of Service.
(3) You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
(4) Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
(5) bEYUdoes not warrant that the Services will be uninterrupted, timely, secure, or error-free.
(6) bEYUdoes not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
(7) bEYUis not responsible for any of your tax obligations or liabilities related to the use of bEYU’s Services.
(8) bEYUdoes not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
7. Intellectual Property and Your Materials
(1) We do not claim ownership of the Materials you provide to bEYU; however, we do require a license to those Materials. You grant bEYUa non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of bEYUand agree that this waiver may be invoked by anyone who obtains rights in the materials through bEYU, including anyone to whom bEYUmay transfer or grant (including by way of license or sublicense) any rights in the Materials.
(2) If you owned the Materials before providing them to bEYUthen, despite uploading them to your bEYUStore they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your bEYUStore at any time by deleting your Account. Removing your bEYUStore does not terminate any rights or licenses granted to the Materials that bEYUrequires to exercise any rights or perform any obligations that arose during the Term.
(3) You agree that bEYUcan, at any time, review and delete any or all of the Materials submitted to the Services, although bEYUis not obligated to do so.
(4) You grant bEYUa non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that bEYUrequires the license to exercise any rights or perform any obligations that arose during the Term.
8. Term and Termination
(1) The term of these Terms of Service is calculated from the date you complete registration to use the service, and the termination period is twelve months. This agreement is automatically renewed upon expiration and does not violate the withdrawal agreement.
(2) You may cancel your account and terminate the Terms of Service by contacting a bEYU ticket thirty business days in advance and following the instructions in the bEYU response.
(3) Without limiting any other remedies, we may suspend or terminate your account or the Terms of Service at any time without notice (unless otherwise required by law) for any reason, including if we suspect that you (via conviction, settlement , insurance or escrow investigation) or otherwise) engage in fraudulent activity in connection with use of the Services. Termination of the Terms of Service will not affect any rights or obligations accrued prior to the date of termination.
(4) When the seller terminates the service due to violations:
① bEYU will cease providing you with the Services and you will no longer be able to access your Account;
② unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
③ any outstanding balance owed to bEYU for your use of the Services through the effective date of such termination will immediately become due and payable in full
④ Your bEYUStore will be offline.
9. General Conditions
(1) The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and bEYUand govern your use of the Services and your Account, superseding any prior agreements between you and bEYU(including, but not limited to, any prior versions of the Terms of Service).
(2) Save for bEYUand its affiliates, you or anyone accessing bEYUServices pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
(3) The Terms of Service may be available in languages other than English. If there is any inconsistency or conflict between these English Terms of Service and the bEYUTerms of Service in another language, the most recent English version of the Terms of Service shall control. Any disputes arising under these Terms of Service will be resolved in the English language, unless bEYU(in its sole discretion) determines otherwise or is required by applicable law.
(4) All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. bEYUwill be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without bEYU’s prior written consent, to be given or withheld in bEYU’s sole discretion.
(5) If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
