General Terms and Conditions
General Terms and Conditions
When you sign up for using any Retailys Services, you agree to follow the defined „General Terms and Conditions“. In the following document, all the following terms mean the applicable Retailys Contracting Party: „we“, „us“ and „Retailys“.
Any services offered by Retailys are referred to in these General Terms and Conditions as the “Services”. Any new features or tools added to the current Services can be subject to the General Terms and Conditions as well. You can review the current version of the General Terms and Conditions at any time at https://www.retailys.com/terms-of-service/. Retailys may update and change the General Terms and Conditions from time to time, by posting updates and changes to the Retailys website. You are advised to check the General Terms and Conditions intermittently for any updates or changes that may affect you – if you do not accept such amendments, you must stop using the Retailys’s Services.
You must read, agree with and accept all of the General Terms and Conditions, including Acceptable Use Policy, and Privacy policy before you may sign up for a Retailys Account or use any Retailys Service.
Account Terms
To access and use Retailys’s Services, you must register for a Retailys Account by providing your full legal name, a valid email address, phone number, and any other information indicated as required. To create an invoice for Retailys’s Services, it is necessary to fill in the billing information.
Retailys may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must reach at least 18 years of age or the age of majority determined by the law of your residence state and from which you use the Services to open an Account.
You accept that Retailys will use your email address used to open an Account or as updated by you as the primary method for communication with you.
You are responsible for the security of your password and for all activity and content (Materials) uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
A breach or violation of any term in the General Terms and Conditions, including the AUP, may result in an immediate termination of your Services.
Account Rights
Subject to section, the person signing up the contract of using Retailys Service (Contract) will be the contracting party (“Store Owner”) for the purposes of our General Terms and Conditions and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
The Store Owner Rights (rights to assign all available System rights and permissions) may therefore be associated to other persons (Staff) at the discretion of the Store Owner. A Store Owner may have multiple Retailys Stores. “Store” means the online store or physical retail location(s) associated with the Account.
The Store Owner is responsible and liable for the acts, omissions and defaults arising from their Staff act in the performance of obligations under these General Terms and Conditions as if they were the Store Owner’s own acts, omissions or defaults.
The Store Owner and the Staff are each referred to as a “Retailys User”.
General Conditions
You must read, agree with and accept all of the terms and conditions contained in these General Terms and Conditions, including the AUP and the Privacy Policy before you may become a Retailys User.
Technical support in respect of the Services is only provided to Retailys Users.
You acknowledge and agree that Retailys may amend these General Terms and Conditions at any time by posting the relevant amended and restated General Terms and Conditions on Retailys’s website, and such amendments to the General Terms and Conditions are effective as of the date of posting. If you do not agree to any changes to the General Terms and Conditions, do not continue to use the Service.
You may not use the Retailys 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), or the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the General Terms and Conditions.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Retailys.
Questions about the General Terms and Conditions should be sent to Retailys Helpdesk.
You understand that your Materials may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that your use of the Services, including information transmitted to or stored by Retailys, is governed by its Privacy policy.
The General Terms and Conditions may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English General Terms and Conditions and Retailys’s General Terms and Conditions available in another language, the most current English version of the General Terms and Conditions at https://www.retailys.com/terms-of-service/ will prevail.
If any provision, or portion of the provision, in these General Terms and Conditions 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 of the General Terms and Conditions, and the General Terms and Conditions will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the General Terms and Conditions.
Retailys Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. We are under no obligation to make any Services or features available in any jurisdiction.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we consider goods or services offered via a your store, or the Materials uploaded or posted to the store violate our Acceptable Use Policy or these General Terms and Conditions.
Retailys does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Retailys employees and contractors may also be Retailys customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.
Confidentiality
“Confidential Information” shall include, but shall 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.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these General Terms and Conditions and in accordance with any other obligations in these General Terms and Conditions.
Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Retailys shall 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 resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall Retailys or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these General Terms and Conditions (however arising including negligence). Your use of the Services is at your sole risk. The Services are provided on an as available basis without any warranty or condition, express, implied or statutory.
Retailys does 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.
The failure of Retailys to exercise or enforce any right or provision of the General Terms and Conditions shall not constitute a waiver of such right or provision.
Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Retailys Service. All Materials you upload remains yours. You can remove your online store at any time by deleting your Account.
By uploading Materials, you agree: to allow public access to your Materials by internet users and Retailys to store to display and use your Materials (eventually to review and delete all the Materials submitted to its Service at any time, although Retailys is not obligated to do so).
You are responsible for compliance of the Materials with any applicable laws or regulations.
Retailys shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
Cancellation and Termination
You may cancel your Account and terminate the General Terms and Conditions at any time by contacting us at info@retailys.com and then following the specific instructions indicated to you in Retailys’s response.
Upon termination of the Services by either party for any reason:
- Retailys will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the General Terms and Conditions, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- your Store website will be taken offline.
We reserve the right to modify or terminate the Retailys Service, the General Terms and Conditions and/or your Account for any reason, without notice at any time. Termination of the General Terms and Conditions shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Retailys may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
Third Party Services
Retailys may from time to time recommend, provide you with access to, or enable third party software, applications, products, services or website links (Third Party Services) for your consideration or use. Your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider. In addition to these General Terms and Conditions, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, third party services providers.
Any use by you of Third Party Services offered through the Services or Retailys’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Retailys may receive a revenue share from Third Party Providers that Retailys recommends to you or that you otherwise engage through your use of the Services or Retailys’s website.
We do not provide any warranties or make representations to you. You acknowledge that Retailys has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. Retailys does not guarantee the availability of Third Party Services and you acknowledge that Retailys may disable access to any Third Party Services at any time in its sole discretion and without notice to you.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Retailys is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Retailys is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Retailys shall be liable under no circumstances for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Retailys has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold Retailys and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Copyright and intellectual property
Retailys supports the protection of intellectual property and asks Retailys merchants to act the same way. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can notice us atinfo@retailys.com so we can investigate the case and may remove or disable access to the Materials claimed to be a copyright infringement.
Rights of Third Parties
Retailys together with its affiliates, Retailys Users or anyone accessing Retailys Services pursuant to these General Terms and Conditions, unless otherwise provided in these General Terms and Conditions, are the only entities who dispose with the rights to enforce any term of these General Terms and Conditions. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Privacy & Data Protection
Retailys is protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Retailys’s collection, usage and disclosure of this personal information is regulated by our Privacy Policy.
Retailys s.r.o.
Husovo náměstí 50
339 01 Klatovy
Czech Republic