Terms of Use
By signing up for a Freshline Account (as defined in Section 1) or by using any Freshline Services (as
defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of
Service”).
As used in these Terms of Service, “we”, “us” and “Freshline” means the applicable Freshline
Contracting Party (as defined in Section 4 below).
The services offered by Freshline under the Terms of Service include various products and services to
help you sell goods and services to buyers (“Online Services”). Any such services offered by Freshline
are referred to in these Terms of Services as the “Services”. Any new features or tools which are added
to the current Services shall be also subject to the Terms of Service. You can review the current
version of the Terms of Service at any time at https://freshline.io/terms. Freshline reserves the
right to update and change the Terms of Service by posting updates and changes to the Freshline website.
You are advised to check the Terms of Service from time to time for any updates or changes that may
impact you. and if you do not accept such amendments, you must cease using the Services.
EYou must read, agree with and accept all of the terms and conditions contained or expressly
referenced in these Terms of Service, including Freshline’s Privacy Policy before you may sign up
for a Freshline Account or use any Freshline Service.
By using Freshline or any Freshline services, you are agreeing to these terms. Be sure to
occasionally check back for updates.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Account Terms
1. To access and use the Services, you must register for a Freshline account (“Account”) by providing
your full legal name, current address, phone number, a valid email address, and any other
information indicated as required. Freshline may reject your application for an Account, or cancel
an existing Account, for any reason, in 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 Freshline for the purposes of
carrying
on a business activity and not for any personal, household or family purpose.
4. You acknowledge that Freshline will 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.
5. You are responsible for keeping your password secure. Freshline cannot and will not be liable
for
any loss or damage from your failure to maintain the security of your Account and password.
6. You are responsible for all activity and content such as photos, images, videos, graphics,
written
content, audio files, code, information, or data uploaded, collected, generated, stored, displayed,
distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
7. A breach or violation of any term in the Terms of Service, including the AUP, as determined
in the
sole discretion of Freshline may result in an immediate termination of your Services.
WHICH MEANS
You are responsible for your Account and any Materials you upload to the Freshline Service. Remember that if you violate these terms we may cancel your service. If we need to reach you, we will send you an email.
2. Account Activation
2.1 Store Owner
1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be
the
contracting party (“Store Owner”) for the purposes of our Terms of Service 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. You are responsible for ensuring that the name of the Store Owner (including
the
legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s
website.
2. If you are signing up for the Services on behalf of your employer, your employer shall be
the
Store Owner. If you are signing up for the Services on behalf of your employer, then you must
use
your employer-issued email address and you represent and warrant that you have the authority to
bind
your employer to our Terms of Service.
3. Your Freshline Store can only be associated with one Store Owner. A Store Owner may have
multiple
Freshline Stores. “Store” means the online store or physical retail location(s) associated with
the
Account.
2.2 Staff Accounts
1. Based on your Freshline pricing plan, you can create one or more staff accounts (“Staff
Accounts”)
allowing other people to access the Account. With Staff Accounts, the Store Owner can set
permissions and let other people work in their Account while determining the level of access by
Staff Accounts to specific business information (for example, you can limit Staff Account access
to
sales information on the Reports page or prevent Staff Accounts from changing general store
settings).
2. The Store Owner is responsible and liable for the acts, omissions and defaults arising
from
use of
Staff Accounts in the performance of obligations under these Terms of Service as if they were
the
Store Owner’s own acts, omissions or defaults.
3. The Store Owner and the users under Staff Accounts are each referred to as a “Freshline
User”.
2.6 Domain Names
1. Upon purchasing a domain name, subdomain registration will be preset to automatically renew each year so long as your Freshline Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
WHICH MEANS
Only one person can be the “Store Owner”, usually the person signing up for the Freshline Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.
We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.
3. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, the Privacy Policy.
1. Technical support in respect of the Services is only provided to Freshline Users.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the
Province of Ontario and the laws of Canada applicable therein, without regard to principles of
conflicts of laws. The United Nations Convention on Contracts for the International Sale of
Goods
will not apply to these Terms of Service and is hereby expressly excluded.
3. You acknowledge and agree that Freshline may amend these Terms of Service at any time by
posting
the relevant amended and restated Terms of Service on Freshline’s website, available at
https://freshline.io/supplier-terms
4. and such amendments to the Terms of Service are effective as of the date of posting. Your
continued use of the Services after the amended Terms of Service are posted to Freshline’s
website
constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not
agree
to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms
apply to
your Store, then amendments to these Terms of Service will be provided in accordance with the EU
Terms.
5. You may not use the Freshline Services 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, or the laws of
Canada
and the Province of British Columbia. You will comply with all applicable laws, rules and
regulations in your use of the Service and your performance of obligations under the Terms of
Service.
6. 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
Freshline.
7. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or
domain names that use Freshline or Freshline trademarks and/or variations and misspellings
thereof.
8. Questions about the Terms of Service should be sent to Freshline Support.
9. You understand that your Materials (not including 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.
10. You acknowledge and agree that your use of the Services, including information transmitted
to or
stored by Freshline, is governed by its privacy policy at https://freshline.io/privacy
11. The Terms of Service may be available in languages other than English. To the extent of any
inconsistencies or conflicts between these English Terms of Service and Freshline’s Terms of
Service
available in another language, the most current English version of the Terms of Service at
https://www.freshline.io/supplier-terms will prevail. Any disputes arising out of these Terms of
Service will be resolved in English unless otherwise determined by Freshline (acting in its sole
discretion) or as required by applicable law.
12. All the terms and provisions of the Terms of Service shall 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. Freshline shall be permitted to assign these Terms of Service
without notice to you or consent from you. You shall 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
Freshline’s prior written consent, to be given or withheld in Freshline’s sole discretion.
13. 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.
14. Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination
or
expiration of these Terms of Service.
WHICH MEANS
The Freshline service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
4. Freshline Contracting Party
1. If the billing address of your Store is located in the United States or Canada, this Section
4(1)
applies to you:
a. “Freshline Contracting Party” means Freshline Inc., a Canadian corporation, with offices
located
at #1460, 333 Seymour St. Vancouver, BC, Canada V6B 5A6.
b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the
courts of
the Province of British Columbia with respect to 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 will not apply to these Terms of Service and is hereby expressly
excluded.
c. The parties irrevocably agree that the courts of Canada are to have exclusive jurisdiction to
settle any dispute which may arise out of or in connection with the Terms of Service and that
accordingly any proceedings arising out of or in connection with the Terms of Service shall be
brought in such courts. The United Nations Convention on Contracts for the International Sale of
Goods will not apply to these Terms of Service and is hereby expressly excluded.
5. Freshline Rights
1. We reserve the right to modify or terminate the Services for any reason, without notice at any
time. Not all Services and features are available in every jurisdiction and we are under no
obligation to make any Services or features available in any jurisdiction.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we
determine in our sole discretion that the goods or services offered via a Store, or the
Materials
uploaded or posted to a Store, violate these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any
Freshline
customer, Freshline employee, member, or officer will result in immediate Account
termination.
5. Freshline does not pre-screen Materials and it is in our sole discretion to refuse or remove
any
Materials from the Service, including your Store.
6. 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 Freshline
employees and contractors may also be Freshline customers/merchants and that they may compete
with
you, although they may not use your Confidential Information (as defined in Section 6) in doing
so.
7. 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, a scanned copy of your business license, government issued photo ID, the last four
digits of the credit card on file, your status as an employee of an entity, etc.
8. Freshline retains the right to determine, in our sole judgment, 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, Freshline reserves the
right to temporarily disable an Account until resolution has been determined between the
disputing
parties.
WHICH MEANS
We can modify, cancel or refuse the service at any time. In the event of an ownership dispute over a Freshline account, we can freeze the account or transfer it to the rightful owner, as determined by us.
6. Confidentiality
1. “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. Freshline’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 solely as necessary for
performing its obligations under these Terms of Service and in accordance with any other
obligations
in these Terms of Service including this Section 6. Each party agrees that it shall take all
reasonable steps, at least substantially equivalent to the steps it takes to protect its own
proprietary information, to prevent the duplication, disclosure or use of any such Confidential
Information, other than (i) by or to its employees, agents and subcontractors who must have
access
to such Confidential Information to perform such party’s obligations hereunder, who each shall
treat
such Confidential Information as provided herein, and who are each subject to obligations of
confidentiality to such party that are at least as stringent as those contained herein; or (ii)
as
required by any law, regulation, or order of any court of proper jurisdiction over the parties
and
the subject matter contained in these Terms of Service, provided that, if legally permitted, the
receiving party shall give the disclosing party prompt written notice and use commercially
reasonable efforts to ensure that such disclosure is accorded confidential treatment.
Confidential
Information shall not include any information that the receiving party can prove: (A) was
already in
the public domain, or was already known by or in the possession of the receiving party, at the
time
of disclosure of such information; (B) is independently developed by the receiving party without
use
of or reference to the other party’s Confidential Information, and without breaching any
provisions
of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a
source other than the disclosing party without breaching any provision of these Terms of
Service.
WHICH MEANS
Both you and Freshline agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
7. Limitation of Liability
1. You expressly understand and agree that, to the extent permitted by applicable laws, Freshline
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.
2. To the extent permitted by applicable laws, in no event shall Freshline 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 Terms of Service (however arising including
negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, Freshline partners, 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 your breach of these Terms of Service or the documents it incorporates by reference or
your
violation of any law or the rights of a third party.
3. 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.
4. Freshline does not warrant that the Services will be uninterrupted, timely, secure, or
error-free.
5. Freshline does not warrant that the results that may be obtained from the use of the Services
will be accurate or reliable.
6. Freshline 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.
WHICH MEANS
We are not responsible if you break the law, breach this agreement or go against the rights of third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
8. Waiver, Severability, and Complete Agreement
The failure of Freshline 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 it incorporates by reference, is held by
a
court of competent jurisdiction to be contrary to law, such provision shall be changed and
interpreted so as to best accomplish the objectives of the original provision to the fullest
extent
allowed by law, and the remaining provision of the Terms of Service shall remain in full force
and
effect.
The Terms of Service, including the documents it incorporates by reference, constitute the
entire
agreement between you and Freshline and govern your use of the Services and your Account,
superseding any prior agreements between you and Freshline (including, but not limited to, any
prior
versions of the Terms of Service).
WHICH MEANS
If Freshline chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Freshline don’t apply if they conflict with these terms.
9. Intellectual Property and Customer Content
1. We do not claim any intellectual property rights over the Materials you provide to the
Freshline
Service. All Materials you upload remains yours. You can remove your Freshline Store at any time
by
deleting your Account.
2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials
you
post publicly to your Store; (b) to allow Freshline to store, and in the case of Materials you
post
publicly, display and use your Materials; and (c) that Freshline can, at any time, review and
delete
all the Materials submitted to its Service, although Freshline is not obligated to do so.
3. You retain ownership over all Materials that you upload to the Store; however, by making your
Store public, you agree to allow others to view Materials that you post publicly to your Store.
You
are responsible for compliance of the Materials with any applicable laws or regulations.
4. Freshline 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.
WHICH MEANS
Anything you upload remains yours and is your responsibility.
10. Freshline Email
You may generate or send email from your Account using the Freshline email services (the “Email
Services”). In addition to the terms applicable to the Services generally (including Freshline’s
Privacy Policy), the following terms apply to your access and use of the Email Services:
1. Freshline employs certain controls to scan the content of emails you deliver using the Email
Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit
spam,
phishing, or other malicious content that contravenes these Terms of Service, or Freshline’s
Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly
grant
Freshline the right to employ such Content Scanning. Freshline does not warrant that the Email
Services will be free from Threats, and each Freshline merchant is responsible for all content
generated by their respective Stores.
2. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE
FOLLOWING
REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). FRESHLINE, OR ITS THIRD PARTY PROVIDERS, MAY
SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE
EMAIL SERVICES REQUIREMENTS.
1. Your use of the Email Services must comply with all applicable laws. Examples of applicable
laws
include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security,
obscenity,
defamation, intellectual property, pornography, terrorism, homeland security, gambling, child
protection, and other applicable laws. It is your responsibility to know and understand the laws
applicable to your use of the Email Services and the emails you generate or send through the
Email
Services.
2. Your use of the Email Services must comply with Freshline’s Privacy Policy. It is your
responsibility to read and understand the Privacy Policy applicable to your use of the Email
Services and the emails you generate or send through the Email Services.
3. You will use commercially reasonable efforts not to send sensitive personal data, including
information regarding an individual’s medical or health condition, race or ethnic origin,
political
opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive
Data”) through the Email Services. It is your responsibility to read and understand your
obligations
in relation to Sensitive Data.
4. Your use of the Email Services must follow all applicable guidelines established by
Freshline.
The guidelines below are examples of practices that may violate the Email Services Requirements
when
generating, or sending emails through the Email Services:
• using non-permission based email lists (i.e., lists in which each recipient has not explicitly
granted permission to receive emails from you by affirmatively opting-in to receive those
emails);
• using purchased or rented email lists;
• using third party email addresses, domain names, or mail servers without proper
permission;
• sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
• sending emails that result in an unacceptable number of spam or UCE complaints (even if the
emails
themselves are not actually spam or UCE);
• failing to include a working “unsubscribe” link in each email that allows the recipient to
remove
themselves from your mailing list;
• failing to comply with any request from a recipient to be removed from your mailing list
within 10
days of receipt of the request;
• failing to include in each email a link to the then-current privacy policy applicable to that
email;
• disguising the origin or subject matter of any email or falsifying or manipulating the
originating
email address, subject line, headers, or transmission path information for any email;
• failing to include in each email your valid physical mailing address or a link to that
information; or
• including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons,
discounts,
awards, or other incentives) or other material in any email that encourages a recipient to
forward
the Email to another recipient.
3. If You or a customer knows of or suspects any violations of the Email Services Requirements,
please notify Freshline at sales@freshline.io. Freshline will determine compliance with the
Email
Services Requirements in its discretion.
4. Freshline’s Email Services utilize Third Party Providers, including Mailchimp and SendGrid.
Your
use of the Email Services is subject to Mailchimp and SendGrid’s Acceptable Use Policy as it may
be
amended by Mailchimp from time to time.
WHICH MEANS
By using the Email Services, you agree that Freshline may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.
11. Payment of Fees
1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services
(“Subscription Fees”) and any other applicable fees, including but not limited to applicable
fees
relating to the value of sales made through your Store when using all payment providers other
than
Freshline Payments (“Transaction Fees”), and any fees relating to your purchase or use of any
products or services such as Freshline Payments, domain names, Marketplace, or Third Party
Services
(“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees
are
referred to as the “Fees”.
2. You must keep a valid payment method on file with us to pay for all incurred and recurring
Fees.
Freshline will charge applicable Fees to any valid payment method that you authorize
(“Authorized
Payment Method”), and Freshline will continue to charge the Authorized Payment Method for
applicable
Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments
shall
be in U.S. currency.
3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date,
a
“Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at
Freshline’s discretion. You will be charged on each Billing Date for all outstanding Fees that
have
not previously been charged. Fees will appear on an invoice, which will be sent to the Store
Owner
via the email provided. As well, an invoice will appear on the Account page of your Store’s
administration console. Users have approximately two weeks to bring up and settle any issues
with
the billing of Subscription Fees.
4. If we are not able to process payment of Fees using an Authorized Payment Method, we will
make a
second attempt to process payment using any Authorized Payment Method 3 days later. If the
second
attempt is not successful, we will make a final attempt 3 days following the second attempt. If
our
final attempt is not successful, we may suspend and revoke access to your Account and the
Services.
Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees
applicable
to your next billing cycle. You may not be able to access your Account or your storefront during
any
period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of
suspension, Freshline reserves the right to terminate your Account.
5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental
sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act,
Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted
in
the future (“Taxes”).
6. You are responsible for all applicable Taxes that arise from or as a result of your
subscription
to or purchase of Freshline’s products and services. To the extent that Freshline charges these
Taxes, they are calculated using the tax rates that apply based on the billing address you
provide
to us. Such amounts are in addition to the Fees for such products and services and will be
billed to
your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide
us
with evidence of your exemption, which in some jurisdictions includes an original certificate
that
satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only
apply from and after the date we receive evidence satisfactory to Freshline of your exemption.
If
you are not charged Taxes by Freshline, you are responsible for determining if Taxes are
payable,
and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
7. For the avoidance of doubt, all sums payable by you to Freshline under these Terms of Service
shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes
charged
by Freshline to you and remitted to the appropriate tax authorities on your behalf, any
deductions
or withholdings that are required by law shall be borne by you and paid separately to the
relevant
taxation authority. Freshline shall be entitled to charge the full amount of Fees stipulated
under
these Terms of Service to your Authorized Payment Method ignoring any such deduction or
withholding
that may be required.
8. You must maintain an accurate location in the administration menu of your Freshline Store. If
you
change jurisdictions you must promptly update your location in the administration menu.
9. Freshline does not provide refunds.
WHICH MEANS
A valid payment method (like a credit card) is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, Freshline may freeze your store. You may be required to remit Taxes to Freshline or to self-remit to your local taxing authority. No refunds.
12. Cancellation and Termination
1. You may cancel your Account and terminate the Terms of Service at any time by contacting
Freshline
Support and then following the specific instructions indicated to you in Freshline’s
response.
2. Upon termination of the Services by either party for any reason:
1. Freshline 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 Freshline for your use of the Services through the effective
date
of such termination will immediately become due and payable in full; and
4. your Store website will be taken offline.
3. If you purchased a domain name through Freshline, upon cancellation your domain will no
longer be
automatically renewed. Following termination, it will be your sole responsibility to handle all
matters related to your domain with the domain provider.
4. If at the date of termination of the Service, there are any outstanding Fees owing by you,
you
will receive one final invoice via email. Once that invoice has been paid in full, you will not
be
charged again.
5. We reserve the right to modify or terminate the Freshline Service, the Terms of Service
and/or
your Account for any reason, without notice at any time (unless otherwise required by applicable
law). Termination of the Terms of Service shall be without prejudice to any rights or
obligations
which arose prior to the date of termination.
6. Fraud: Without limiting any other remedies, Freshline 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.
WHICH MEANS
To initiate a termination contact Support. Freshline will respond with specific information
regarding
the termination process for your account. Once termination is confirmed, domains purchased
through
Freshline will no longer be automatically renewed. If you cancel in the middle of your billing
cycle, you’ll have one last email invoice.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate
your
account.
13. Modifications to the Service and Prices
1. Prices for using the Services are subject to change upon 30 days’ notice from Freshline. Such
notice may be provided at any time by posting the changes to the Freshline Site (Freshline.io)
or
the administration menu of your Freshline Store via an announcement.
2. Freshline reserves the right at any time, and from time to time, to modify or discontinue,
the
Services (or any part thereof) with or without notice (unless otherwise required by applicable
law).
3. Freshline shall not be liable to you or to any third party for any modification, price
change,
suspension or discontinuance of the Service
WHICH MEANS
We may change or discontinue the service at anytime, without liability.
14. Beta Services
From time to time, Freshline may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Freshline will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Freshline Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Freshline’s prior written consent. Freshline makes no representations or warranties that the Beta Services will function. Freshline may discontinue the Beta Services at any time in its sole discretion. Freshline will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Freshline may change or not release a final or commercial version of a Beta Service in our sole discretion.
15. Feedback and Reviews
Freshline welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Freshline be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Freshline (whether submitted directly to Freshline or posted on any Freshline hosted forum or page), you waive any and all rights in the Feedback and that Freshline is free to implement and use the Feedback if desired, as provided by you or as modified by Freshline, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Freshline must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Freshline reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
16. Rights of Third Parties
Save for Freshline and its affiliates, Freshline Users or anyone accessing Freshline Services
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 shall 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
shall
not affect the rights of any permitted assignee or transferee of these Terms.
WHICH MEANS
Only Freshline, Freshline Users and persons accessing Freshline Services have any rights under these Terms of Service.
17. Privacy & Data Protection
Freshline is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Freshline’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
WHICH MEANS
Freshline’s use and collection of personal information is governed by our Privacy Policy.