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Terms of Service

  /  Terms of Service

Terms of Service

Last updated: May 24, 2021

By opening a Mapfel Wapfel Account (as defined in section 1) or using any of the Mapfel Wapfel Services (as defined below), you agree to be bound by the following terms and conditions ( the “Terms of Use”).

As used in these Terms of Use, the terms “we”, “our” and “Mapfel Wapfel” mean the relevant Mapfel Wapfel Contracting Party (as defined in section 4 below).

The services offered by Mapfel Wapfel under the Terms of Use include various products and services intended to help you sell goods and services to buyers, whether online sales (“Online Services”), in-person sales (“POS Services”), or both. All these services offered by Mapfel Wapfel are referred to in these Terms of Use by the term “Services”. Each new tool or feature added to these Services is also subject to the Terms of Service. You can consult the current version of the Terms of Use at any time on [email protected] . Mapfel Wapfel reserves the right to update or modify the Terms of Use by posting updates and modifications on the Mapfel Wapfel website. We recommend that you check the Terms of Service from time to time for any updates or changes that may affect you. And if you do not agree to these changes, you must stop using the Services.

You must read, accept and consent to all terms contained or expressly referred to in these Terms of Use, including Mapfel Wapfel Acceptable Use Policy (“AUP”) as well as Privacy Policy and, where applicable, Additional Terms of Service for EU Merchants (“EU Terms of Service”) and, where applicable, the API License and Terms https://mapfelwapfel.ca/en/legal/aups of use (the “API Terms”) of Mapfel Wapfel and, where applicable, theData Processing Addendum (“DPA”) before you can create a Mapfel Wapfel account or use a Mapfel Wapfel service. In addition, if you offer goods or services related to COVID-19, you must read, recognize and accept the Rules of engagement with respect to the sale of products related to COVID-19 .

Plain language summaries are provided for guidance only and appear in bold under each section, but are not legally binding. Please read the Terms of Service, including any documents referred to in these Terms of Service, for a complete overview of your legal obligations. By using Mapfel Wapfel or any of its services, you accept these conditions. Make sure to check back from time to time to see if any updates have been made.

1. Account conditions

  1. To access and use the Services, you must create a Mapfel Wapfel account (“Account”) providing your full legal name, current address, telephone number, valid email address and any other specified information required. Mapfel Wapfel may reject your account request or cancel an existing account, for any reason, at its sole discretion. You must be: (i) 18 years of age, or (ii) at least be the age of majority in the jurisdiction in which you reside and from which you use the Services to open an account.
  2. You confirm that you are receiving any Service provided by Mapfel Wapfel solely for the purpose of carrying out a professional activity and not for personal, family or household purposes. You acknowledge that Mapfel Wapfel will use the email address you provided when opening an account or as updated from time to time by you as the primary means of communication with you. 5 You are responsible for the security of your password. Mapfel Wapfel cannot and will not be responsible for any loss or damage resulting from your failure to maintain the security of your account and password.
  3. You are responsible for all activities and content such as photos, images, videos, graphics, written content, audio files, codes, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in link to your Account (“Material”).
  4. A breach or violation of any term in the Terms of Service, including AUP, as determined in Mapfel Wapfel’s sole discretion, may result in immediate termination of your Services.

WHAT IT MEANS

You are responsible for your Account and any Material you upload to the Service Mapfel Wapfel. Remember that if you do not comply with these terms and conditions, 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 who registers for the service by opening an account will be the contracting party (“store owner”) for the purposes of our terms of use and will be the person authorized to use any corresponding account that we are likely to 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 sign up for services on behalf of your employer, the employer must be the store owner. If you sign up for the services on behalf of your employer, you must use the email address issued by your employer, and you represent and warrant that you have authority to bind your employer to our terms of service.
  3. Your Mapfel Wapfel store can only be associated with one store owner. A store owner can own more than one Mapfel Wapfel store. The term “store” means the online store or physical point (s) of sale associated with the account.

2.2 Employee accounts

  1. Depending on your Mapfel Wapfel package, you can create one or more employee accounts (“employee accounts”) authorizing other people to access the account. With employee accounts, the store owner can establish permissions and allow others to work using their account, while determining for each employee account the level of access to specific information in the store. business (for example, you can limit employee account access to sales data on the reports page or prevent employee accounts from changing general store settings).
  2. The owner of the store is responsible for acts, omissions and defects arising from the use of employee accounts in the performance of obligations under these Terms of Use in the same manner as if he were the same. author. 3. The owner of the store and the users attached to employee accounts are individually referred to as the “Mapfel Wapfel user”.

2.3 PayPal Express Checkout Accounts and Mapfel Wapfel Payments

  1. Once registration for the service is complete, Mapfel Wapfel will create a PayPal Express Checkout account in your name, using your email address. Depending on your location, Mapfel Wapfel may also create a Mapfel Wapfel Payments account on your behalf.
  2. You acknowledge that PayPal Express Checkout and / or Mapfel Wapfel Payments will be your default payment gateways and that it is your sole responsibility, as the store owner, to activate and manage such accounts. If you do not want these payment accounts to remain active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a third party service, as defined in Section 17 of these Terms of Service.

2.4 Apple Pay account for Safari

  1. After you register for the service, Mapfel Wapfel will create an Apple Pay for Safari (“Apple Pay”) account in your name, using the URL (s) and company name associated with your account. Depending on your location, Mapfel Wapfel may activate your Apple Pay account on your behalf. Otherwise, you will be prompted to activate your Apple Pay account in your account administrator interface. If you do not want your Apple Pay account to remain active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a third-party service, as defined in Section 17 of these Terms of Service.
  2. If you’re using an Apple Pay-supported payment gateway and your customers have Apple Pay enabled on their device, they can purchase goods and services from your store using Apple Pay.
  3. By using Apple Pay in your store, you agree to be bound by the general conditions for merchants of the Apple Pay web platform , which may be changed from time to time by Apple. If Apple changes the terms and conditions for merchants of the Apple Pay web platform, the amended and restated version will be posted here: https://www.mapfelwapfel.ca/legal/apple-pay . Any such changes to the Apple Pay web platform merchant terms and conditions are effective on the date they are posted. Your continued use of Apple Pay on your store after the posting of the amended version of the Apple Pay Web Platform Merchant Terms and Conditions constitutes your agreement and acceptance of those amended terms. If you do not agree to any of the changes to the Apple Pay web platform merchant terms and conditions, deactivate your Apple Pay account and stop using Apple Pay in your store.

2.5 Google Pay

  1. After registering for the service, if you have been registered with Mapfel Wapfel Payments, Mapfel Wapfel will also create a Google Pay account on your behalf. If you do not want your Google Pay account to remain active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Pay is a third-party service, as defined in section 17 of these terms of service.
  2. If you use Google Pay as a supported payment gateway and your customers have Google Pay turned on, they can purchase goods and services from your store using Google Pay.
  3. By using Google Pay on your store, you agree to be bound by the Google Pay API terms and conditions , which may be changed from time to time by Google. If Google changes the Google Pay API terms and conditions , the amended and reworded version will be posted here: https://payments.developers.google.com/terms/sellertos . Any such changes to the Google Pay API Terms of Service are effective on the date they are posted. Your continued use of Google Pay on your store after the posting of the amended Google Pay API terms and conditions constitutes your agreement and acceptance of the amended Google Pay API terms and conditions. If you don’t agree to some of the changes to the Google Pay API Terms of Service, deactivate your Google Pay account and stop using Google Pay in your store.

2.6 Domain Names

  1. After purchasing a domain name through Mapfel Wapfel, the domain registration will be set up to renew automatically each year, as long as your Mapfel Wapfel account remains active. You acknowledge that it is your sole responsibility to turn off the auto-renew feature, if you choose to do so.

WHAT IT MEANS

Only one person can be the “Store Owner”, usually the person who registers for the Service. Mapfel Wapfel. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of other users accessing the Account. If you are signing up on behalf of your employer, they are 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 for complying with their terms and conditions, which concern various third parties.

Any domain you buy from us will automatically renew, unless you choose not to.

3. General conditions

You must read, accept and consent to all terms and conditions contained in these Terms of Use, including the PUA and the Privacy Policy before becoming a Mapfel Wapfel User. In addition, you recognize the Rules of engagement with respect to the sale of products related to COVID-19 and consent to it if you sell such products.

  1. Technical assistance relating to the Services is only provided to Mapfel Wapfel Users.
  2. The Terms of Use shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, regardless of conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use and is hereby expressly excluded.
  3. You acknowledge and agree that Mapfel Wapfel may modify these Terms of Use at any time by posting the relevant amended and restated Terms on the Mapfel Wapfel website, available at https://mapfelwapfel.ca/legal/conditions and that such changes to the Terms of Service are effective on the date of their posting. Your continued use of the Services after the posting of the amended Terms of Use on the Mapfel Wapfel website constitutes your agreement and acceptance of these amended Terms. If you do not agree to any modification of the Terms of Service, no longer use the Service.
  4. You are not authorized to use the Mapfel Wapfel Services for any illegal or unauthorized purposes or to violate the laws of your jurisdiction when using the Service (including, without limitation, the laws Copyright Law), laws that apply to you in your client’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and in performing your obligations under the Terms of Service.
  5. The API license and the Mapfel Wapfel Terms of Use on https://mapfelwapfel.ca/legal/api-terms govern your access to and use of the Mapfel Wapfel API (as defined herein). You are solely responsible for activities performed with your API Credentials (as defined in the API Terms) and their security.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Services or any access to the Services without the express written permission of Mapfel Wapfel.
  7. You cannot buy search engine or pay-per-click keywords (such as Google Ads) or domain names that use Mapfel Wapfel or Mapfel Wapfel trademarks and / or variations and spelling thereof. this.
  8. Questions about the Terms of Service should be sent to Mapfel Wapfel Assistance .
  9. You understand that your Documents (except your credit card information) may be transferred without encryption and involve (a) transmissions over multiple networks; and (b) modifications to conform and adapt to the technical requirements of connection to networks or devices. Your credit card information is always encrypted when it is transferred over networks.
  10. The Services allow you to send certain communications to your customers by SMS (for example, sending order confirmation notifications by SMS) (the “SMS Services”). You will only use the SMS Services in accordance with these Terms of Service, Acceptable use policy by Nexmo Inc. and the laws of the jurisdiction from which you are sending messages and in which your messages are received.
  11. You acknowledge and agree that your use of the Services, including information transmitted to or maintained by Mapfel Wapfel, is governed by its privacy policy at https://mapfelwapfel.ca/legal/confidentialite
  12. The Terms of Service may be available in languages other than French. In the event of inconsistencies or conflicts between the Terms of Use in English and those of Mapfel Wapfel available in other languages, the most recent English version of the Terms of Use available at https://mapfelwapfel.ca/legal/conditions will prevail.
  13. All Terms and Conditions of Use are binding for the benefit of the parties to the Terms of Use and their respective heirs, successors, authorized beneficiaries and legal representatives. Mapfel Wapfel will be authorized to assign these Terms of Use without notifying you or without your consent. You do not have the right to assign or otherwise transfer the Terms of Use or any of your rights or obligations hereunder to any third party without the prior written consent of Mapfel Wapfel, which is given or refused to the sole discretion of Mapfel Wapfel.
  14. If any clause, or part thereof, contained in these Terms of Use is, for any reason, found to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect no other clause (or the unaffected part of the clause) of the Terms of Service, and these Terms of Service shall be interpreted as if such clause, or part of the clause, invalid, illegal or unenforceable, had never been contained in the Terms of Use.
  15. Sections 1, 3 (2) – (5), 4, 6-8, 14-15, 17 (9) – (11), 19, 21 and 22 will survive the termination or expiration of these Terms of Service. ‘use.

WHAT IT MEANS

The service Mapfel Wapfel its our. You are not allowed to scam it or use it for illegal or summary purposes. If you or your employees or contractors use the APIs of Mapfel Wapfel , you will comply with our API terms and conditions.Your documents may be transferred unencrypted and changed, but credit card information is still encrypted.

  1. Contracting Party Mapfel Wapfel
  2. If your Store’s billing address is in the United States or Canada, this Section 4 (1) applies to you:
  1. at. “Mapfel Wapfel Contracting Party” means Mapfel Wapfel Inc., a Canadian company, whose offices are located at 151 O’Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8.
  2. b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Terms of Use. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use and is hereby expressly excluded.
  1. If your Store’s billing address is located in the Asia-Pacific region (including Australia, New Zealand, China, Japan and Singapore), this subsection 4 (2) applies to you:
  1. at. “Mapfel Wapfel Contracting Party” means Mapfel Wapfel Commerce Singapore Pte. Ltd, a company incorporated under the laws of Singapore, with offices at 77 Robinson Road, No. 13-00 Robinson 77, Singapore 068896.
  2. b. The parties irrevocably agree that the courts of Singapore have sole jurisdiction to settle any dispute that may arise out of or in connection with the Terms of Use and that, therefore, any proceedings arising out of or in connection with the Terms of Use – ci will be engaged in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use and is hereby expressly excluded.
  1. If your Store’s billing address is located in EMEA region or other jurisdictions not listed in subsection 4 (1) or 4 (2), including in Europe and Russia, the Middle East, Africa, South America, the Caribbean or Mexico, this Section 4 ( 3) concerns you:
  1. at. “Mapfel Wapfel Contracting Party” means Mapfel Wapfel International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, with registered office at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. The VAT number IE 3347697KH and its website can be found at https://mapfelwapfel.ca/ .
  2. b. You irrevocably and unconditionally agree to submit to the jurisdiction of the courts of Ireland, which have jurisdiction to settle any dispute which may arise out of the validity, effect, interpretation or enforcement of these Terms of Use, and you likewise irrevocably and unconditionally waive any objection to a claim that a lawsuit, action or proceeding has been brought by Mapfel Wapfel in another country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use and is hereby expressly excluded.

WHAT IT MEANS

In the event of a dispute, you can bring an action, depending on your country, in the Province of Ontario, Canada, Ireland or Singapore, depending on your country.

  1. Rights of Mapfel Wapfel
  2. We reserve the right to modify or terminate the Services for any reason, without notice. Not all services and features are available in all jurisdictions, and we are under no obligation to provide any Services or features in all jurisdictions.
  3. We reserve the right to refuse to serve anyone for any reason at any time.
  4. 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 through a Store, or the materials downloaded or displayed in a Shop, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
  5. Any verbal or written abuse of any kind (including threats of abuse or revenge) against any Mapfel Wapfel customer, Mapfel Wapfel employee, member or agent will result in immediate termination of the Account.
  6. Mapfel Wapfel does not pre-select Materials, and it is at our sole discretion to refuse or remove any Materials from the Service, including your Store.
  7. 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 Mapfel Wapfel employees and contractors may also be Mapfel Wapfel customers / merchants and may compete with you, even if they may not use your Confidential Information ( as defined in Section 6).
  8. In the event of a dispute regarding the ownership of the Account, we reserve the right to request documents to determine or confirm ownership of the Account. 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 registered credit card, your status as an employee of an entity, etc.
  9. Mapfel Wapfel reserves the right to determine, in its sole judgment, the legitimate ownership of the Account and to transfer an Account to the legitimate Store Owner. If we are unable to reasonably determine the legitimate Store Owner, without prejudice to our other rights and remedies, Mapfel Wapfel reserves the right to temporarily deactivate an Account until a resolution is found between the parties. to the dispute.

WHAT IT MEANS

We can modify, cancel or refuse the service at any time.

In the event of an ownership conflict relating to an account Mapfel Wapfel , we may freeze the account or transfer it to the rightful owner, depending on what we have determined.

6. Confidentiality

  1. “Confidential Information” includes, but is not limited to, all information associated with a party’s business activities that is not publicly known, including specific business information, technical processes and formulas, software, listings. of customers, lists of potential customers, names, addresses and other information regarding current and potential customers, product design, sales, costs (including relevant handling charges), pricing schedules and the like unpublished financial information, business plans and marketing data, as well as any other confidential and proprietary information, whether or not marked as confidential or proprietary. Mapfel Wapfel Confidential Information includes all information you receive about us or the Services that is not known to the general public, including information relating to our program and security practices.
  2. Each party agrees to use the other party’s Confidential Information only to the extent necessary to fulfill its obligations under these Terms of Service and in accordance with any other obligation set forth in these Terms of Service, including this Section 6. Each party agrees to take all reasonable steps, at least substantially equivalent to those it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of such Confidential Information, other than (i) by or for its employees, agents and contractors who must have access to such Confidential Information to perform this party’s obligations hereunder, who must each treat such Confidential Information as set forth herein and who are each subject to confidentiality obligations to that party which are at least as strict as those contained here; or (ii) as required by any law, regulation or order of a court of competent jurisdiction over the parties and the subject matter of these Terms of Service, provided that, if permitted by law, the receiving party promptly communicates with the disclosing party by written notice and makes commercially reasonable efforts to ensure that such disclosure is treated as confidential. Confidential Information does not include any information that the receiving party can prove: such as (A) being already in the public domain, or already known to or in the possession of the receiving party at the time of disclosure of that information; (B) being developed independently by the receiving party without use of or reference to the Confidential Information of the other party and without violating any provisions of these Terms of Use; or (C) being subsequently properly obtained by the receiving party from a source other than the disclosing party without violating any provision of these Terms of Service.

WHAT IT MEANS

Mapfel Wapfel and you yourself agree to use each other’s Confidential Information only to fulfill the obligations set out in these Terms of Use. Confidential Information must be protected and respected.

7. Limits of liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, Mapfel Wapfel will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages- interest for loss of profit, goodwill, use, data or other intangible losses resulting from the use or inability to use the Service.
  2. To the extent permitted by applicable law, Mapfel Wapfel or our suppliers shall in no event be liable for any lost profits or for special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service. use (however resulting, including negligence). You agree to indemnify us and protect our parent company, subsidiaries, affiliates, partners, officers, directors, agents, employees and suppliers of Mapfel Wapfel from any claim or demand, including reasonable attorneys’ fees, made by a third party because of or resulting from your violation of these Terms of Use or the documents incorporated by reference (including the AUP), or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your own risk. The Services are provided “as is” and “as available” without any warranties or conditions, express, implied or legal.
  4. Mapfel Wapfel does not guarantee that the Services will be uninterrupted, fast, secure or error-free.
  5. Mapfel Wapfel does not guarantee that the results that may be obtained by using the Services will be accurate or reliable.
  6. Mapfel Wapfel does not guarantee 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.

WHAT IT MEANS

We are not responsible if you break the law, violate this contract, or infringe the rights of any third party, especially if you are sued.

The service is “as is”, so there may be errors or interruptions. We make no warranty, and our liability is limited.

8. Waiver, Severability and Full Agreement

The failure of Mapfel Wapfel to exercise or enforce any right or any provision of the Terms of Use does not constitute a waiver of that right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is found to be unlawful by a court of competent jurisdiction, that provision will be amended and interpreted so as to best achieve the objectives of the original provision to the fullest extent permitted by law, and the other provisions of the Terms of Service will remain in full force.

The Terms of Use, including the documents incorporated by reference, constitute the entire agreement between you and Mapfel Wapfel and govern your use of the Services and your Account, thereby superseding any previous agreement between you and Mapfel Wapfel (including but not limited to previous versions of the Terms of Service).

WHAT IT MEANS

Yes Mapfel Wapfel chooses not to apply these provisions at all times, this does not mean that it waives this right later.

These Terms of Service constitute the agreement that applies to you. This means that the previous agreements between you and Mapfel Wapfel do not apply if they conflict with these conditions.

9. Intellectual property and customer content

  1. We do not claim any intellectual property rights in the Material that you provide to the Mapfel Wapfel Service. All the Material you upload remains yours. You can delete your Mapfel Wapfel store at any time by deleting your Account.
  2. By uploading Material, you agree to: (a) allow other Internet users to display the Material that you publicly post in your Store; (b) authorize Mapfel Wapfel to store and, in the case of Material you publicly post, display and use your Material; and (c) that Mapfel Wapfel may at any time examine all Material submitted to its Service, without Mapfel Wapfel being required to do so.
  3. You retain ownership of all Material that you upload to a store. However, by making your Store public, you agree to allow other users to view the Material that you publicly post in your Store. You are responsible for the Equipment’s compliance with applicable laws and regulations.
  4. Mapfel Wapfel has the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the service.

WHAT IT MEANS

You remain the owner and responsible for everything you put online.

10. POS services

In addition to the terms applicable to the Services generally, the following terms apply to your access to and use of the POS Services. POS Services include Mapfel Wapfel POS software (“POS Software”), Mapfel Wapfel POS website located at / pdv, programs, documents, applications, tools, online services and components, Mapfel Wapfel POS Material (“POS Material”) and any related updates provided to you by Mapfel Wapfel.

  1. Access to and use of POS Services requires that you have an active and valid account.
  2. If your POS Services have the Mapfel Wapfel Payments functionality, you cannot simultaneously use any other payment processing service. The payment gateway used for your POS Services must be the same as the one used for your Online Services, if applicable.
  3. You can terminate your POS Services without terminating your account or other Services to which you have subscribed and, in this case, you will continue to be billed and have to pay for the Services (other than the Services of Terminated POS).
  4. You agree to use the POS Services in accordance with any procedures that may be provided from time to time by Mapfel Wapfel.
  5. Although the POS Services use encryption technology and the law generally prohibits monitoring of third-party transmissions, we cannot guarantee the security of the connection to the POS Services, and we will not be responsible for any such connection. unauthorized access to POS Services or unauthorized use of data transmitted through such services.
  6. POS Hardware is purchased, not leased. The purchase of POS hardware is covered by the POS Hardware Agreement located at https://www.mapfelwapfel.com/legal/notice . At the time you pay for and accept delivery of the POS Hardware, you become the owner and licensee of the components of such hardware, and you are authorized to access and use all POS Software installed in the POS Hardware (as well as up to date), on a limited, non-exclusive, revocable, non-assignable and non-transferable basis, for the sole purpose of using the POS Services. POS Equipment is subject to our Return Policy, available at https://hardware.mapfelwapfel.ca/en/pages/return-policy . Returns and refunds are not available for Chip & Swipe readers, Swipe (audio jack) as well as physical gift cards purchased from the Mapfel Wapfel Hardware Store.
  7. The Fees for POS Services are determined by the number of locations in which you use them. Locations are defined by a business address and are used to associate orders with a specific business address. Locations are added through the Mapfel Wapfel web administration console associated with your Account. We will also detect the number of locations using POS Services, and you will be billed accordingly, as part of your regular billing cycle. In the event of a discrepancy between the number of locations that you have added through the Mapfel Wapfel web administration console and the number of locations detected by Mapfel Wapfel, the number of locations detected by Mapfel Wapfel will be deemed to be good.

WHAT IT MEANS

If you use our POS services, you must use the same payment processing service that you use for online services. You can terminate your POS services at any time while keeping your online services active. We take data security very seriously, but we cannot guarantee that all transmissions made using POS hardware are 100% secure. All transactions transmitted by POS equipment are carried out at your own risk. Remember that POS equipment is purchased, not rented. Our return policy for POS hardware applies to all POS hardware except Chip & Swipe readers, Swipe (audio jack), and physical gift cards.

11. Mapfel Wapfel Expedition

If you are located in Canada or the United States, you can purchase shipping labels from your Mapfel Wapfel Admin Console (“Mapfel Wapfel Shipping Solution”) for delivery of products purchased from your Mapfel Wapfel store. In addition to these terms of use, your access to and use of the Mapfel Wapfel shipping solution is subject to the terms and conditions of use of the Mapfel Wapfel shipping solution, which can be found at (a ) [email protected] if you are located in the United States, and at (b) [email protected] if you are located in Canada.

WHAT IT MEANS

If you are using the shipping solution of Mapfel Wapfel , you must comply with the terms of use of the shipping solution of Mapfel Wapfel .

12. Themes store

  1. You can define the appearance of your Mapfel Wapfel Store using a Mapfel Wapfel Theme Store design template (“a Theme”). If you download a Theme, you are only allowed to use it in one Store. You are free to transfer a Theme to a second of your own Stores if you close your first Store. To initiate the transfer of a theme to a second of your Stores, please send an e-mail to [email protected] . You are not authorized (to transfer or sell a Theme to someone else’s Store on Mapfel Wapfel or elsewhere. Multiple Stores require multiple downloads, and each download is subject to applicable fees. Mapfel Wapfel does not guarantee that any particular Theme will remain available for further downloads.
  2. You can change the Theme to suit your Store. Mapfel Wapfel may add or modify the footer in a Theme referring to Mapfel Wapfel at its discretion. Mapfel Wapfel may modify the Theme if it contains, in its sole discretion, any material that violates the Mapfel Wapfel AUP or other provisions of the Terms of Service, even if you received the Theme in that state. Mapfel Wapfel may modify the Theme to reflect technical changes and necessary updates.
  3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights conferred by your purchase of a Theme, the designer may take legal action against you and, without prejudice to our other rights or remedies, Mapfel Wapfel may take administrative action, such as modifying or closing your Store.
  4. Technical support for a Theme is the responsibility of the designer, and Mapfel Wapfel accepts no responsibility for such support. Mapfel Wapfel may be able to help you contact the designer.
  5. It is the responsibility of the user, and not Mapfel Wapfel, to ensure that installing a new theme does not replace or damage the current or pre-existing theme, or user interface, of the user.

WHAT IT MEANS

You can purchase our Themes to use for one Store at a time. Please feel free to modify our Theme, but please respect the fact that the designers own their themes and you must not infringe their rights. For Theme related issues, contact the designer. Note that Themes may disappear over time and are subject to change.

13. Mapfel Wapfel Email

You can generate or send emails from your account using Mapfel Wapfel email services (“email services”). In addition to the conditions applicable to services in general (including the acceptable use policy and the privacy policy of Mapfel Wapfel), the following conditions apply to your access and use of the messaging services:

  1. Mapfel Wapfel employs certain monitoring devices to scan the content of e-mails you send through courier services prior to their delivery (“content scanning”). The purpose of this content scan is to limit spam, phishing, or other malicious content that violates these terms of use or Mapfel Wapfel’s acceptable use policy (collectively referred to as “threats”). By using the messaging services, you explicitly grant Mapfel Wapfel the right to use this content scan. Mapfel Wapfel does not guarantee that messaging services will be free of threats, and each merchant is responsible for all content generated by their respective stores.
  2. BY GENERATING OR SENDING E-MAILS THROUGH THE MESSAGING SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING OBLIGATIONS (THE “MESSAGING SERVICES OBLIGATIONS”). MAPFEL WAPFEL OR ITS THIRD PARTY SUPPLIERS HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS AND USE OF THE MESSAGING SERVICES IF YOU FAIL TO FULFILL THEIR OBLIGATIONS.
    1. Your use of messaging services must comply with all applicable laws. Examples of applicable laws: laws relating to spam or unsolicited commercial e-mail, privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection and other applicable laws. You are responsible for knowing and understanding the laws that apply to your use of messaging services and to the emails you generate or send through such services.
    2. Your use of messaging services must comply with the privacy policy by Mapfel Wapfel. You are responsible for reading and understanding the privacy policy applicable to your use of email services and to emails you generate or send through such services.
    3. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding a person’s medical condition or state of health, race or ethnicity, political opinions, religious or philosophical beliefs, or other sensitive data (collectively “Sensitive Data”) through messaging services. You are responsible for reading and understanding your obligations with respect to sensitive data.
    4. Your use of the courier services must comply with all applicable guidelines established by Mapfel Wapfel. The following guidelines are examples of practices that may violate the obligations of email services when creating or sending email through these services:
      • the use of unauthorized mailing lists (that is, lists for which no recipient has explicitly agreed to receive e-mails from you by doing so subscribing concretely); – the use of purchased or rented mailing lists;
      • use of e-mail addresses, domain names or third-party mail servers without proper authorization;
      • sending emails to non-specific addresses (p. ex. [email protected] or [email protected] );
      • sending emails that give rise to an unacceptable number of spam or unsolicited commercial email complaints (even if the emails themselves are not actually spam or commercial emails unsolicited);
      • the absence of an unsubscribe link operating in each e-mail, which allows the recipient to withdraw from your mailing list;
      • failure to comply with any request from a recipient wishing to withdraw from your mailing list within 10 days of receiving their request;
      • the absence in the e-mail of a link leading to a confidentiality policy in force at the time of sending and applicable to this e-mail;
      • concealing the origin or subject of an email or forging or manipulating the email sender’s address, subject line, headers or information relating to its transmission path;
      • the absence in your e-mail of your valid postal address or of a link leading to this information;
      • adding “unwelcome advertisements”, “chain emails”, “pyramid scams”, incentives (eg coupons, discounts, prizes or other incentives) to an email or other material that encourages the recipient to forward the email to another recipient.
    5. If you or a customer becomes aware of any breaches of courier service obligations or you suspect such breaches, please notify Mapfel Wapfel at the following address: [email protected] . Mapfel Wapfel will determine at its sole discretion whether or not the obligations of its courier services are met.
    6. Mapfel Wapfel messaging services use third party providers, including SendGrid (a company owned by Twilio). Your use of messaging services is subject to the acceptable use policy of SendGrid, which can sometimes be changed by SendGrid.

WHAT IT MEANS

By using messaging services, you agree that Mapfel Wapfel may use certain tools to ensure that the content of emails sent through the service is risk-free and complies with its policies.

14. Payment of Fees

  1. You will pay the Fees applicable to your subscription to the Online Service and / or POS services (“Subscription Fees”) and all other applicable fees, including, but not limited to, value charges. sales made through your Store involving all payment service providers other than Mapfel Wapfel Payments (“Transaction Fees”), and all charges relating to your purchase or use of products or services such as Mapfel Wapfel Payments , POS material, shipping, applications, Themes, domain names, Experts’ marketplace or Third Party Services (“Additional Fees”). Collectively, the Subscription Fees, Transaction Fees and Additional Fees are referred to as the “Fees”.
  2. You must keep a valid payment method registered for After all orders have been processed all incurred and recurring charges. Mapfel Wapfel will charge the Fees applicable to any valid payment method that you authorize (“Authorized Payment Method”) and will continue to charge the Authorized Payment Method with the applicable Fees until termination of the services, and until all outstanding costs have been paid in full. Unless otherwise specified, all Fees and other rates are quoted in US dollars, and all payments are to be made in US dollars.
  3. Subscription Fees are paid in advance and will be billed every 30 days (each of these dates being a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at the discretion of Mapfel Wapfel. You will be billed on each Billing Date for any Outstanding Charges that you have not already paid. The charge will appear on an invoice, which will be sent to the Account Owner at the email address provided. In addition, an invoice will appear on the accounts page of your Store’s administration console. Users have approximately two weeks to raise and resolve any issues related to the billing of Subscription Fees.
  4. If we are unable to process the payment of the Fees using the Authorized Payment Method, we will make a second attempt to process the payment using any Authorized Payment Method 3 days later. If the second attempt fails, we will perform a final attempt 3 days after the second. If this last attempt fails, we may suspend and cancel access to your Account and the Services. Your Account will be reactivated after payment of any outstanding Fees as well as any fees applicable to your next billing cycle. You may not be able to access your Account or online store during any period of suspension. If the outstanding Fees remain unpaid within 60 days of the date of the suspension, Mapfel Wapfel reserves the right to terminate your Account. 5 All charges do not include sales, goods and services (including goods tax and sales tax under the Goods and Services Tax Act, Singapore Chapter 117A), taxes , harmonized or other fees or payments applicable at the federal, provincial, state, local or other government levels, current or future (“Taxes”).
  5. You are responsible for all applicable Taxes arising or resulting from your subscription or the purchase of goods and services from Mapfel Wapfel. Insofar as Mapfel Wapfel charges these taxes, they are calculated using the applicable tax rates according to the billing address you have provided to us. These amounts are in addition to the Charges for such goods and services and will be billed according to your Authorized Payment Method. If you are exempt from paying such Taxes, you must provide us with proof of your exemption, which in some jurisdictions includes an original certificate, which meets applicable legal requirements attesting to the status of the exemption. The tax exemption will only apply from and after the date on which we receive satisfactory proof of your exemption for Mapfel Wapfel. If Mapfel Wapfel does not charge you Taxes, you are responsible for determining whether Taxes are payable, and if so, paying the Taxes yourself to the appropriate tax authorities in your jurisdiction.
  6. For the avoidance of doubt, all sums that you must pay to Mapfel Wapfel under these Terms of Use will be paid free of charge and without any deduction or withholding tax. Apart from Taxes invoiced by Mapfel Wapfel and paid on your behalf to the competent tax authorities, any deductions or withholdings imposed by law are your responsibility and paid separately to the competent tax authority. Mapfel Wapfel is entitled to charge the full amount of the Fees stipulated in these Terms of Use on your Authorized Payment Method, regardless of any such deduction or withholding that may be necessary.
  7. You must keep a precise location in the administration menu of your Mapfel Wapfel Shop. If you change jurisdictions, you need to quickly update your location in the admin menu.
  8. Mapfel Wapfel does not grant refunds.

WHAT IT MEANS

A valid credit card is required for all Accounts. Your Subscription Fee will be billed to you on a 30-day cycle. Any Transaction Fees or Additional Fees will be charged to your credit card. If the payment of the Fees remains unsuccessful after three attempts, Mapfel Wapfel may block your Store. You may have to pay the Taxes to Mapfel Wapfel or remit them yourself to the local tax authorities. We do not offer refunds.

15. Cancellation and termination

  1. You can cancel your account and terminate the Terms of Service at any time by contacting [email protected] and by following the specific instructions given to you in Mapfel Wapfel’s response.
  2. Upon termination of services by one of the parties for any reason whatsoever:
    1. Mapfel Wapfel will stop providing the services to you and you will no longer be able to access your account.
    2. Unless otherwise specified in the General Conditions of Use, you will not be entitled to reimbursement of any costs, pro rata or otherwise.
    3. Any balance owed to Mapfel Wapfel for your use of the services up to the effective date of termination must be paid immediately and in full.
    4. Your store will no longer be online.
  3. If you purchased a domain name through Mapfel Wapfel, your domain will no longer be automatically renewed upon cancellation. After termination, it will be your sole responsibility to deal with all matters relating to your domain with the domain provider.
  4. If, on the date of termination of the service, you owe unpaid charges, you will receive a final invoice by e-mail. Once the invoice has been paid in full, you will no longer be charged. 5. We reserve the right to modify or terminate the Mapfel Wapfel Service Terms of Service and / or your account for any reason, without prior notice (unless required by law). Termination of the Terms of Service shall not affect any rights or obligations stipulated before the date of termination.
  5. Fraud: Without restricting any other remedy, Mapfel Wapfel may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance, investigation or otherwise) have participated in fraudulent activity related to the services.

WHAT IT MEANS

To initiate a termination, send an email to [email protected] . Mapfel Wapfel will respond with specific information regarding the process for terminating your account. Once termination is confirmed, domains purchased through Mapfel Wapfel will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you will receive a final invoice by email.

We can modify or terminate your account at any time. In the event of fraud, we will suspend or terminate your account.

16. Changes to service and prices

  1. The rates for using the services are subject to change upon 30 days notice from Mapfel Wapfel. This notice can be provided at any time by posting the changes on the Mapfel Wapfel website (MapfelWapfel.com) or by means of an announcement in the administration menu of your Mapfel Wapfel store. 2. Mapfel Wapfel reserves the right at any time, and from time to time, to modify or discontinue the service (or any part thereof) with or without notice (unless this is stipulated by applicable law) .
  2. Mapfel Wapfel cannot be held responsible towards you or any third party for any modification, any price change, any stoppage or any interruption of the service.

WHAT IT MEANS

We can modify or discontinue the service at any time, without any liability.

17. Third-party services, Experts and Experts marketplace

  1. From time to time, Mapfel Wapfel may recommend to you, provide you with access to or activate software, applications (“Applications”), products, services or links to websites offered by third parties (collectively, “Third Party Services”). for your review or use, including through the Mapfel Wapfel App Store or the Experts Marketplace. These Third Party Services are made available only as a convenience, and your purchase, access or use of any Third Party Services remains solely between you and the relevant third party service provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by any additional service terms applicable to services you purchase or that are provided by Third Party Providers.
  2. Mapfel Wapfel Experts is an online directory of independent third parties (“Experts”) who can help you set up and operate your Mapfel Wapfel Store.
  3. You can hire and work with an Expert directly or through the Experts Marketplace. The Experts marketplace provides you with recommendations on Experts who can help you with different aspects of your Store. Using the Experts Marketplace, you can find, hire and communicate with Experts directly from your Account administrator interface.
  4. Your use of any Third Party Services offered through the Services, Mapfel Wapfel Experts, Experts’ marketplace or the Mapfel Wapfel website is entirely at your own risk and discretion, and is your responsibility to read the terms of use and / or privacy policies applicable to such Third Party Services before using them. In some cases, Mapfel Wapfel may receive a share of the revenue from Third Party Suppliers that Mapfel Wapfel recommends to you or that you otherwise engage through your use of the Services, from Mapfel Wapfel Experts, the Experts Marketplace or from the Mapfel Wapfel website.
  5. We make no warranty with respect to Third Party Services and we do not represent them. You acknowledge that Mapfel Wapfel has no control over Third Party Services, and that we are not responsible for such Third Party Services to anyone. The availability of Third Party Services on Mapfel Wapfel websites, including the Mapfel Wapfel App Store and Experts Marketplace, or the integration or authorization of such Third Party Services with our Services does not or does not constitute or not imply any endorsement, authorization, sponsorship or affiliation by or with Mapfel Wapfel. Mapfel Wapfel does not guarantee the availability of Third Party Services, and you acknowledge that Mapfel Wapfel may disable access to any Third Party Service at any time in its sole discretion and without notice. Mapfel Wapfel is not liable to anyone for the interruption or suspension of access to any Third Party Service or for its deactivation. Mapfel Wapfel strongly recommends that you consult a specialist before using or relying on Third Party Services to ensure that they meet your needs. In particular, tax calculators should be used for guidance only and not as a substitute for independent tax advice to assess the appropriate tax rates to charge your clients.
  6. If you install or activate a Third Party Service for use with the Services, you authorize us to provide the relevant Third Party Provider access to your data and other Material and to take any other steps necessary for the interworking of the Third Party Service with the Services. . Any exchange of data, Material or other interactions between you and the Third Party Provider is only between you and that Third Party Provider. Mapfel Wapfel is not responsible for any disclosure, modification or deletion of your data or other Material, or for any corresponding loss or damage that you may suffer as a result of access by a Third Party Service or a Third Party Provider to your data. or other Material.
  7. Google Maps is a Third Party Service used in connection with the Services. Your use of the Services depends on your acceptance of the Acceptable use policy Google Maps and Earth Enterprise Universal, Additional Terms of Use Google Maps and Google Earth and the[Politique de confidentialité] from Google ( https://www.google.com/intl/ALL/policies/privacy/index.html ) as may be amended by Google from time to time.
  8. You acknowledge and agree that: (i) by submitting a request for assistance or other information through the Experts Marketplace, you agree to be contacted by one or more Experts at the Owner’s registered email address. Store (or any other email address provided by you), as well as the applicable user’s email address; and (ii) Mapfel Wapfel will receive all e-mail communications exchanged through the Experts marketplace, or those of response emails (each a “Response”) originating from the Experts marketplace between you and the Experts (directly or indirectly). You also agree that Mapfel Wapfel may share your contact details and basic information that you send to Experts through the Experts Marketplace. Experts may need to access certain pages of the administrator interface of your Mapfel Wapfel Store. You choose which pages Experts can access.
  9. The relationship between you and any Third Party Supplier only concerns you and that Third Party Supplier, and Mapfel Wapfel is not obligated to intervene in any dispute between you and a Third Party Supplier.
  10. Mapfel Wapfel will in no way be held liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever resulting from a third-party Service or from your contractual relationship with a third-party Supplier, including Experts. These limits are applicable even if Mapfel Wapfel has been advised of the possibility of such damage. The foregoing limits will apply to the fullest extent permitted by law.
  11. You agree to indemnify and hold us harmless (if any) the parent company, subsidiaries, affiliates, partners, officers, directors, officers, employees and suppliers of Mapfel Wapfel, from all liability to the with respect to 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.

WHAT IT MEANS

We are not responsible for any third party services, so you use them at your own risk. When you use a Third Party Service on the platform Mapfel Wapfel, you authorize us to send your data to these services. When you use these Third Party Services, you agree that we do not provide any guarantees. So you need to get advice first.

18. Prototype services

From time to time, Mapfel Wapfel may, at its sole discretion, invite you to use, on a trial basis, pre-release features or prototypes under development and not yet available to all merchants (“prototype services” ). Prototype Services may be subject to additional terms and conditions that Mapfel Wapfel will provide to you prior to your use of Prototype Services. These prototype services, together with all associated conversations and related documentation, will be considered confidential information of Mapfel Wapfel and will be subject to the confidentiality provisions of this agreement. Without limiting the generality of the foregoing, you agree not to make any public statements or otherwise disclose your participation in the prototype services without the prior written consent of Mapfel Wapfel. Mapfel Wapfel makes no representations and gives no guarantees that the prototype services will work. Mapfel Wapfel may interrupt the prototype services at any time and at its sole discretion. Mapfel Wapfel declines all responsibility for damage resulting from a prototype service. Prototype services may not work the same as a final release. Mapfel Wapfel may modify or not publish a final or commercial version of a prototype service at its sole discretion.

19. Feedback and opinions

Mapfel Wapfel welcomes all ideas and / or suggestions regarding improvements or additions to the services. In any case, the disclosure of ideas, suggestions or related elements, nor the opinions of services, third-party services or any third-party supplier (collectively called “feedback”) received by Mapfel Wapfel will not be submitted to an obligation of confidentiality or expectation of compensation. By sending feedback to Mapfel Wapfel (whether sent directly to Mapfel Wapfel or published on a forum or page hosted by Mapfel Wapfel), you waive all rights to feedback and you agree that Mapfel Wapfel is free to implement and use the feedback if we wish, as provided by you or as modified by Mapfel Wapfel, without authorization or license from you or from your part. a third. Any notice relating to a third party service or a third party provider that you submit to Mapfel Wapfel must be accurate, to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, indiscreet, contrary to intellectual property rights. , or otherwise prejudicial to third parties, or questionable. Mapfel Wapfel reserves the right (but not the obligation) to delete or modify feedback from third-party services or third-party suppliers, but does not regularly inspect published feedback.

20. DMCA Notice and Opt Out Procedure

Mapfel Wapfel supports intellectual property protection and asks Mapfel Wapfel merchants to do the same. It is our policy to respond to all notices of alleged copyright infringement. If a person believes that one of our merchants is violating their intellectual property rights, they can send a DMCA notice to the designated agent of Mapfel Wapfel using our form. After receiving a DMCA notice, we may remove or disable access to material identified as copyright infringement. After receiving a takedown notice, the merchant can respond with a dispute notice using our form, if they disputes the complaint. The original complainant has 14 business days after our receipt of the dispute notice to obtain a court order prohibiting the merchant from engaging in the illegal activity, otherwise we will restore the material. For more information, please see our[Avis DMCA et procédure de retrait] at the address ( [email protected] ).

WHAT IT MEANS

Mapfel Wapfel respects intellectual property rights and so should you. If we receive a DMCA notice, we may disable access or remove content deemed to be infringing from your website. If you don’t believe the complaint is valid, you can file a dispute notice.

If you believe that any of our merchants are infringing your intellectual property rights, you can send a DMCA notice to Mapfel Wapfel. We will quickly disable or remove access to the content and notify the merchant. Please be advised that we post all notices we receive.

21. Rights of third parties

With the exception of Mapfel Wapfel and its affiliates, users of Mapfel Wapfel or any person accessing Mapfel Wapfel Services in accordance with these Terms of Use, except as otherwise provided in these Terms of Use, no person or entity who is not a party to these Terms of Service has the right to enforce any term of these Terms of Service, whether that person or entity has been identified by name, as a member of a group or as a as a response to a particular description. For the avoidance of doubt, this should not affect the rights of any assignee or authorized beneficiary of these Terms.

WHAT IT MEANS

Alone Mapfel Wapfel , users of Mapfel Wapfel and people accessing the Services Mapfel Wapfel have rights under these Terms of Use.

22. Confidentiality and data protection

Mapfel Wapfel is firmly committed to protecting the confidentiality of your personal information and that of your customers. By using the service, you acknowledge and agree that the collection, use and disclosure of such personal information by Mapfel Wapfel is governed by our privacy policy .

In addition, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers located in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, the collection and use by Mapfel Wapfel of personal information of European residents is also subject to our addendum on data processing .

WHAT IT MEANS

The use and collection of personal information by Mapfel Wapfel are governed by our privacy policy. In addition, if you or your customers are located in Europe, the use and collection by Mapfel Wapfel Personal information from Europe is also governed by our data processing addendum.

[email protected]

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