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TERMS & CONDITIONS

Please read and review Elikia Advertising's terms and conditions. Thank you.

TERMS & CONDITIONS

Please read and review Elikia Advertising's terms and conditions. Thank you.
  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a Elikia account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Elikia may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Elikia will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Elikia cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. 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”).
  6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Elikia will result in an immediate termination of your services.

WHICH MEANS

You are responsible for your Account and any Materials you upload to the Elikia Service. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

 

2.1 Elikia Account

  1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account 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 Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 PayPal Express Checkout and Elikia Payments Accounts

  1. Upon completion of sign up for the Service, Elikia will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Shopify may also create a Elikia Payments account on your behalf.
  2. You acknowledge that PayPal Express Checkout and/or Elikia Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts 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 15 of these Terms of Service.

2.4 GooglePayment

  1. Upon completion of sign up for the Service, if you have been enrolled in Elikia Payments, Shopify will also create a Google Payment account on your behalf. If you do not wish to keep your Google Payment account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Payment is a Third Party Service, as defined in Section 15 of these Terms of Service.

  2. If you use a Google Payment supported payment gateway and your customers have enabled Google Payment, customers may purchase goods and services from your store using Google Payment.

  3. By using Google Payment on your store, you are agreeing to be bound by the Google Payment API Terms of Service, as they may be amended by Google from time to time. If Google amends the Google Payment API Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Such amendments to the Google Payment API Terms of Service are effective as of the date of posting. Your continued use of Google Payment on your store after the amended Google Payment API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Payment API Terms of Service. If you do not agree to any changes to the Google Payment API Terms of Service, de-activate your Google Payment account and do not continue to use Google Payment on your store.

WHICH MEANS

The person signing up for the Elikia Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

Any domain you purchase through us will automatically renew unless you opt out.

 

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may use the Elikia Vendor Platform.

  1. Technical support is only provided to paying Account holders and is only available via email.
  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 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 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.
  3. You may not use the  Elikia service 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 The United States of America. You will comply with all applicable laws, rules and regulations in your use of the Service.

WHICH MEANS

The Elikia service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in The United States of America.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  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 our Acceptable Use Policy (“AUP”) or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Elikia customer, Elikia employee, member, or officer will result in immediate Account termination.
  5. Elikia does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
  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 Elikia employees and contractors may also be Elikia customers/merchants and that they may compete with you, although they may not use your confidential information 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, etc.
  8. Elikia retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Elikia 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 anytime.

In the event of an ownership dispute over a Elikia account, we can freeze the account or transfer it to the rightful owner.

  1. You expressly understand and agree that Elikia 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. In no event shall Elikia 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, Elikia 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 (including the AUP), or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Elikia does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Elikia does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Elikia does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

The failure of Elikia to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Elikia and govern your use of the Service, superseding any prior agreements between you and Elikia (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Elikia chooses not to enforce any of these provisions at any time, it does not mean that they 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 Elikia don’t apply if they conflict with these terms.

  1. We do not claim any intellectual property rights over the Materials you provide to the Elikia service. All Materials you upload remains yours. You can remove your Elikia 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 Elikia to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Elikia can, at any time, review all the Materials submitted to its Service, although Elikia is not obligated to do so.
  3. You retain ownership over all Materials that you upload to a Elikia 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. We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. Elikia 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 your responsibility.

You are Responsible for your own shipping.

WHICH MEANS

You are Responsible for your own shipping.

  1. You will pay a 20% commission fee off of every one of your product or service sales to Elikia.
  2. You will also be responsible 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 Elikia Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Elikia Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  3. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Elikia will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Elikia will continue to charge the Authorized Card (or any replacement card) 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.
  4. If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 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. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Elikia 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, 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 Elikia’s products and services. These Taxes are based on the rates applicable to 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 Card. 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 Elikia of your exemption. If you are not charged Taxes by Elikia you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
  7. You must maintain your current location in the administration menu of your Elikia store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
  8. Elikia does not provide refunds.

WHICH MEANS

  1. You will pay a 20% commission fee off of every one of your product or service sales to Elikia.
  1. You may cancel your Account at any time by emailing admin@elikia.io  and then following the specific instructions indicated to you in Elikia’s response.
  2. Upon termination of the Services by either party for any reason:
    1. Elikia’ 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 Elikia 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 Elikia , upon cancellation your domain will no longer be automatically renewed. Following cancellation, 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 Elikia  Service or your Account for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, Elikia  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 Site.

WHICH MEANS

To initiate a cancellation, email admin@elikia.io and then following the specific instructions indicated to you in Elikia’s response. 

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

  1. Prices for using the Services are subject to change upon 30 days’ notice from Elikia. Such notice may be provided at any time by posting the changes to the Elikia Site (Elikia.io) or the administration menu of your Elikia store via an announcement.
  2. Elikia 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.
  3. Elikia 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.

Elikia 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 Elikia be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Elikia (whether submitted directly to Elikia or posted on any Elikia hosted forum or page), you waive any and all rights in the Feedback and that Elikia is free to implement and use the Feedback if desired, as provided by you or as modified by Elikia, 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 Elikia 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. Elikia 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.

Elikia supports the protection of intellectual property and asks Elikia merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Elikia’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

WHICH MEANS

Elikia respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Elikia a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“Elikia Confidential Information”). You agree that: (a) Elikia Confidential Information will remain Elikia’s exclusive property; (b) you will use Elikia Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose Elikia Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the Elikia’s Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the Elikia’s Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.

WHICH MEANS

If you receive Elikia Confidential Information you are required to protect it.

Elikia 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 Elikia’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Elikia’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

WHICH MEANS

Elikia’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, Elikia’s use and collection of European personal information is further governed by our Data Processing Addendum.

By signing up for, or using the Elikia services or any of the services of Elikia. or its affiliates (“Elikia”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Elikia under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Elikia 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://www.elikia.io/vendor-membership/. Elikia reserves the right to update and change the Terms of Service by posting updates and changes to the Elikia website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

 
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