This is an Agreement (hereafter known as “Agreement”) between SynCommerce and merchants (or any user of the SynCommerce service in part or whole).
MAVERICKS TECHNOLOGIES LIMITED (“Mavericks”), a software solutions provider owns SynCommerce wholly and is the sole intellectual and physical property owner of SynCommerce. SynCommerce is an online integrated multiple marketplace platform for online merchants that offers a range of services (hereafter known collectively as “Services”) for online merchants.
This Agreement comes into full force upon signing up for the Service and merchants are bound by all terms and conditions and modifications that accompany the access and use of the Service. By virtue of signing up for this Service, the merchant has authorized SynCommerce to perform any or all of the offered services on merchant’s behalf. SynCommerce however is not liable for any loss of data or leakage of confidential information through the negligence or non-compliance on merchant’s part.
1.1 Service description
SynCommerce is a cloud based integrated ecommerce solution for online merchants to manage their sales processes across multiple platforms from their SynCommerce dashboard. The service is accessible through the SynCommerce website at the URL: syncommerceapp.com. Your account itself can be managed from app.syncommerceapp.com.
1.2 Service Offerings
SynCommerce offers the following services to merchants under this Agreement:
SynCommerce will host your store and inventory data on our servers as permitted by the payment category chosen by the merchant subject to payment of applicable fees.
(b) Integration services
SynCommerce provides marketplace and storefront integration services for merchants upon payment of applicable fees to facilitate the effective management of merchants’ online store(s) as defined by the scope of the software at any point in time.
(c) Support services
SynCommerce provides a range of support services as defined by the terms and conditions and any other relevant regulation binding the service delivery and support.
(d) Miscellaneous services
SynCommerce will provide a range of complimentary services including but not limited to code optimizations and upgrades to parts or entire software, user guides and training for the effective use of the Service.
1.3 Changes to service
We are committed to providing you the best eCommerce solution possible. As such, from time to time, we update, alter, modify or replace in part or complete the product with a new and different one without prior notice to you. SynCommerce, however will communicate all such changes via email, or in-app notification to all merchants as and when it occurs, where necessary.
2.1 Customer Data
Data collected from an individual or any entity as a result of accessing merchant’s store or engaging merchant’s store (“Customer Data”) shall be owned by the merchant. SynCommerce does not pre-scan any information uploaded to merchant’s live account and therefore are not liable for the content or its impact on merchant’s service. SynCommerce however has the right to remove or reuse any such data in compliance with this Agreement.
2.2 User Data
Merchant’s personal and business information provided upon signing up for the Service and other user data collected will be stored by SynCommerce. Such information collected are email, phone number, company, country, and other potential details that may be needed. All such information will be kept secured and private, according to the terms of this Agreement.
2.3 Use of data
SynCommerce reserves the right to use the data collected and stored on its systems in any manner that will facilitate and optimize the benefits for its users. SynCommerce, however, shall not and will not rent or sell or disclose user data to any other entity or person without the express consent of its users except in compliance to prevailing laws as are applicable.
3.1 User information
All information provided upon signing up for the Service will be held in trust and confidence and shall only be appropriated in a manner consistent with the terms and conditions herein stated and in accordance with other related regulations binding on this Agreement.
3.2 Customer information
3.3 Third Parties
SynCommerce integrates other third party solutions to facilitate a comprehensive experience for you. These third parties are also given access to merchant data to the extent that enhances the service delivery and in accordance with the terms and conditions of this Agreement.
Below is an overview of the third-party services we use at SynCommerce, how, and why.
3.3.1 Cloud and Data Centers
The SynCommerce platform itself runs on Amazon Web Services, (AWS). This includes our web properties (website, blog, and dashboard). We make use of the various services from AWS (RDS, EC2, S3 ) to render the services to our clients. The data generated by our merchants from the usage of the SynCommerce platform, as well as those imported from their stores are stored on AWS.
3.3.2 Payment Processing
SynCommerce billing is handled by our payment processors - Shopify Billing and Stripe. All your card details are stored by our payment processors. SynCommerce only keeps a very minimal information for referencing and identification, such as the last four digits of your card.
3.3.3 Usage Statistics, Tracking, and Marketing
To better understand your usage patterns and engagement with the SynCommerce platform so we are able to serve you better, we use Mixpanel, Google Analytics, and Lucky Orange to track your usage. For some of these services, we share some information about your account, such as name, company, email, location, and potentially additional meta-data, so they can serve SynCommerce and you better. Lucky Orange is able to provide us a video recording of how you are using the SynCommerce platform so we better and quickly understand your usage and any issues you may encounter.
3.3.4 Ticketing and Support Services
The little chat bubble at the bottom right is powered by Jivosite. It enables us to provide you instant live support through via live chat. It also allows you to send us messages or support tickets when we are not available to provide you live support. In addition to Jivosite, we use Groove to manage all your support tickets. The little help widget at the bottom left is powered by Groove. Jivosite and Groove collects some meta-data such as browser, location, social media profiles, and avatar photos about you.
3.3.5 Newsletters and Transactional Emails
We use SendInBlue to create email lists for our periodic newsletters that are sent out. Once you sign up, you are automatically subscribed to this list, until you unsubscribe through the unsubscribe link included in emails sent out. Other transactional emails are also periodically sent out, depending on your usage patterns of the SynCommerce platform, and your actions or inactions whilst using the system. Some of these include welcome emails, password resets, trial expiring notifications, successful account upgrades, and others.
4. MERCHANT STORE
You are responsible for the maintenance of your stores and the day to day management of your stores and delivering services advertised to your clients.
4.2 Customer service
You are responsible for your business development and customer maintenance including fulfilling orders, general processing, inquiries and disputes and other services promised to your clients.
4.3 Merchant Store Content
SynCommerce does not promise any back-up of data uploaded by merchant or any entity to their account on SynCommerce. Merchants therefore should make necessary arrangements for backing up their data.
Merchants are responsible for the creation, modification and /or removal of all or any content on their store and account at SynCommerce. Merchants have absolute discretion on the maintenance and control of content to their account and store including user generated content to the extent that is compatible with the design and functionality provided by the SynCommerce platform.
You have full rights ( intellectual property, interests and entitlement) to content created or modified on your account and store except content provided by SynCommerce.
SynCommerce retains the right to suspend or terminate your account in the case of a breach of this Agreement by the use and/or access of any such content on merchant’s account or store.
SynCommerce remains a passive conduit for the publication and distribution of your wares and is under no obligation to review the store or content of your stores, therefore is not liable for any misinformation to your clients or any third party for that matter.
SynCommerce reserves the right to take any action necessary to eliminate or mitigate the impact of your content in the event that SynCommerce (as a sole determinant) determines that a your content may be detrimental to its brand and or is in violation to this Agreement or any prevailing laws and any potential exposure to liabilities.
5. CONTENT LICENSE
Merchant hereby grants SynCommerce and all its partners, for the period this Agreement remains in force, unreserved, irrevocable, royalty-free and non-exclusive licence to all of its content to access, use, create derivatives, transmit, distribute and publicly perform and display merchant’s content as is consistent with purposes understood from this Agreement.
Merchant guarantees that:6.1 all personal and business information provided upon signing up for the Service are true and accurate to the best of their knowledge at the time of providing it and is in no way partially or wholly inaccurate or misleading.
Failure to comply with all or any of these guarantees will be tantamount to a breach of the Agreement and will be grounds for suspension/termination of the Agreement and discontinuance of the service.
7. RESTRICTED ITEMS
7.1 The following items are only allowed if in compliance to prevailing laws
(a) Used clothing (b) Pharmaceuticals (c) Hazardous and restricted items (d) Food items (e) Downloadable media content (video, music, images/photos) (f) Event tickets
8. PROHIBITED ITEMS
The following are prohibited:(a) Weapons and related items (firearms, firearm parts and magezines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial art weapons, locally manufactured weapons of all kinds) (b) Adult items and pornography (c) Blood, Bodily Fluids and Body Parts (d) Burglary Tools (e) Counterfeit Items (f) Illegal Drugs & Drug Paraphernalia (g) Fireworks, Destructive Devices and Explosives (h) Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists) (i) Lottery Tickets, Sweepstakes Entries and Slot Machines (j) Obscene Material and Child Pornography (k) Offensive Material or Hate Speech (l) Police Badges and Uniforms (m) Prescription Drugs and Devices (n) Stocks and Other Securities (o) Stolen Property (p) Tobacco Products (q) Alcoholic Products
Participation in any or all of these items imply immediate termination of service with no refund whatsoever and absolute absolution from all legal implications.
9. CHARGES AND TAXES
9.1 Merchant will pay fees applicable to the licence category chosen by the merchant in accordance with Mavericks payment policy.
9.2 Merchant agrees to make all such payments in advance for the period of the licence and agrees that these payments are non-refundable for even unused or partial monthly use. The merchant understands that there will be no exceptions, in light of treating everybody fairly.
9.3 Non-payment of the license fee and all other applicable fees will mean automatic termination of the service.
MAVERICKS TECHNOLOGIES, ITS PARTNERS AND SUBCONTRACTORS, PROVIDE THE SERVICE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. MAVERICKS TECHNOLOGIES, ITS PARTNERS AND SUBCONTRACTORS AND THIRD-PARTY SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS Agreement AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS Agreement WOULD BE SUBSTANTIALLY DIFFERENT.
11. LIMITATION OF LIABILITIES
We do everything possible to keep our Services safe, and functioning properly, but we can guarantee the continuous operation of or access to our Services. Publishing listings, exporting orders from one channel to another, and synchronizing updates may not happen in real time, and are subject to delays beyond the control of Mavericks Technologies.
You agree that you are using our Servies at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.
11.1 MAVERICKS TECHNOLOGIES, ITS SERVICE PROVIDERS, SUPPLIERS AND THEIR OFFICERS, EMPLOYEES, AGENTS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR DAMAGES (DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL) OF ANY SORT ( INCLUDING BUT NOT LIMITED TO LOSS OF MONEY, GOODWILL OR REPUTATION, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE ASSETS) AS A RESULT OF ACCESSING OR USING PARTS OR ALL OF THE SOFTWARE OR SERVICE OR ANY DEALING EVEN IF IT ARISES FROM AN INDEMNITY, TORT, CONTRIBUTORY NEGLIGENCE, BREACH OF CONTRACT OR MISREPRESENTATION OR ANY OTHER REASON.
11.2 MAVERICKS TECHNOLOGIES’ aggregate liability for any:
(a) account subscription Service under or in relation to this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the actual amount paid by merchant to MAVERICKS TECHNOLOGIES during the subscription month of the Service when the damages were caused. (b) free trial period under or in relation to this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason)shall be limited to a sum no greater than amount committed by merchant in the subscription month when the damages were caused. The foregoing limits on liability shall apply to each event or series of connected events.
11.3 MAVERICKS TECHNOLOGIES' liability:
(a) for death or personal injury caused by its negligence OR (b) for fraud or fraudulent misrepresentation or any other fraudulent act or omission OR (c) for breach of any obligations of this Agreement OR (d) for any other liability which may not lawfully be excluded or limited; is excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.
Merchant agrees to indemnify MAVERICKS TECHNOLOGIES and its PARTNERS and SERVICE PROVIDERS and their directors, employees and agents from any and all losses, costs or expenses and liabilities arising from but not limited to breach of any or all of the tenets of this Agreement, use of Service or trade practice in connection with the SynCommerce account or store and indemnity rights by this Agreement shall not be limited by any contributory negligence.
13. FORCE MAJEURE
The obligations of each party under this Agreement shall be suspended during the period and to the extent that such party is prevented or hindered from complying with them by any cause beyond its reasonable control such as an Act of God, flood, fire, earthquake, terrorism, riots, civil disorders, strikes, lockouts or other forms of industrial action on the part of MAVERICKS staff. In the event that the cause continues for more than thirty (30) consecutive days, either party may terminate this Agreement immediately upon written notice to the other party.
14.1 This Agreement is considered effected upon the date of merchant’s payment for the rent of the licence (“Effective Date”) and shall remain in full force for the entire duration (“LICENCE PERIOD”) and will automatically renew after the expiration of the LICENCE PERIOD for another term of the same licence category with its accompanying value.
14.2 If merchant is on a free-trial basis this Agreement will automatically terminate at the end of the trial period unless merchant upgrades to a paid subscription tier before the end of this period.
14.3 In the event that a merchant fails to fulfill all financial obligations for the rent or use of the Service, this Agreement will automatically terminate within 5 working days of the expiration of the current LICENCE PERIOD.
14.4 Merchant may terminate this Agreement by writing to SynCommerce (at email@example.com) in the event that the Service is unavailable or inaccessible to merchant or its clients due to a fault or technical glitch on the part of MAVERICKS running for five working days or more.
14.5 Merchant may terminate this Agreement without cause with 30 working days prior notice to SynCommerce to be effected on the anniversary of the LICENCE PERIOD.
14.6 SynCommerce may terminate this Agreement without cause with a 30 working days or more notice to the merchant to be effected on the anniversary of the LICENCE PERIOD.
14.7 Either party (SynCommerce or merchant) may terminate this Agreement in the event of a breach of any or all of the tenets of this Agreement or any related or referenced regulation that is binding on this Agreement and the offending party fails to remedy the fault. The offended party MUST write to the offending party detailing the part of the Agreement that has been breached and allow for 15 working days for any remedy (or failure to remedy) to effect termination prejudice to any other rights to which it may be entitled.
14.8 Any form of abuse (verbal, physical, written or threats of abuse or retribution) directed towards any SynCommmerce customer or employee will result in immediate account termination.
14.9 SynCommerce at all times reserves the right to terminate or suspend any or all of merchant accounts at will if reasonably necessary. Reasonable action, as determined by MAVERICKS, will be taken to ensure the Service integrity and quality for other merchants.
15. GOVERNING LAW
15.1 This Agreement shall be governed by and construed in accordance with the laws of The Republic of Ghana, and each party hereby irrevocably submits to the exclusive jurisdiction of the Ghanaian Courts. Notwithstanding the foregoing nothing herein shall preclude either party from seeking injunctions from any court of competent jurisdiction in order to protect its intellectual property rights or confidential information.
16. THIRD PARTY TRADEMARK
16.1 The term 'Etsy' is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc.
-- Updated May 2018