1. Account Terms

  1. 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.
  2. You confirm that you are receiving any Services provided by ManageMyWebsite for the purposes of carrying on a business activity and not for any personal, household or family purpose.
  3. You acknowledge that ManageMyWebsite will use the email address you provide on upon payment or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to ManageMyWebsite and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with ManageMyWebsite can only be authenticated if they come from your Primary Email Address.
  4. You are responsible for keeping your passwords secure. ManageMyWebsite cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. Technical support in respect of the Services is only provided to ManageMyWebsite Users. Questions about the Terms of Service should be sent to ManageMyWebsite Support.
  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 ManageMyWebsite.
  7. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside ManageMyWebsite’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
  8. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
  9. You understand that your Materials 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. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to ManageMyWebsite or its affiliates.

WHICH MEANS

You are responsible for your Account, the Materials you upload to the ManageMyWebsite Service and the operation of your ManageMyWebsite Store. If you violate ManageMyWebsite’s terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.

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 will 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 ManageMyWebsite Store can only be associated with one Store Owner. A Store Owner may have multiple ManageMyWebsite Stores. You agree to use ManageMyWebsite Checkout for your store. “Store” means the online store (whether hosted by ManageMyWebsite or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

  1. Based on your ManageMyWebsite pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email 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 for: (a) ensuring it’s employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
  3. The Store Owner and the users under Staff Accounts are each referred to as a “ManageMyWebsite User”.

2.3 Ecommerce Payment Gateway and ManageMyWebsite Payments Accounts

  1. Upon completion of sign up for the Service, you will have to create a YOCO Checkout account on your behalf, using your Primary Email Address. Depending on your location.
  2. You acknowledge that YOCO payment gateway and/or ManageMyWebsite Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store 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, YOCO payment gateway is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.

2.4 Domain Names

  1. Upon purchasing a domain name through ManageMyWebsite, domain registration will be preset to automatically renew each year so long as your ManageMyWebsite Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. ManageMyWebsite Rights

  1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
  2. ManageMyWebsite does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.
  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any ManageMyWebsite employee, member, or officer will result in immediate Account termination.
  4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that ManageMyWebsite employees and contractors may also be ManageMyWebsite customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
  5. 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, or confirmation of your status as an employee of an entity.
  6. ManageMyWebsite reserves the right to determine, in our sole discretion, 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, ManageMyWebsite reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

ManageMyWebsite has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a ManageMyWebsite Account, we can freeze a ManageMyWebsite Account or transfer it to the rightful owner, as determined by us.

4. Your Responsibilities

  1. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your ManageMyWebsite Store.
  2. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your ManageMyWebsite Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, ManageMyWebsite will not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.
  3. You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
  4. You may not use the ManageMyWebsite 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 Ontario. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
  5. The API Terms govern your access to and use of the ManageMyWebsite API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.
  6. You agree to use ManageMyWebsite Checkout for any sales associated with your online store. “ManageMyWebsite Checkout” means ManageMyWebsite’s checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the ManageMyWebsite Checkout API.

WHICH MEANS

You are responsible for your ManageMyWebsite Store, the goods or services you sell, and your relationship with your customers, not us. If you access the ManageMyWebsite API, your use of the ManageMyWebsite API is subject to the API Terms.

5. Payment of Fees and Taxes

  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 ManageMyWebsite Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as ManageMyWebsite 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”.
  2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. ManageMyWebsite will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and ManageMyWebsite 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 will 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 ManageMyWebsite’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 Primary Email Address provided. As well, an invoice will appear on the Account page of your Store’s administrative 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 may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, 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, ManageMyWebsite reserves the right to terminate your Account in accordance with Section 14.
  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 ManageMyWebsite’s products and services. To the extent that ManageMyWebsite 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 ManageMyWebsite of your exemption. If you are not charged Taxes by ManageMyWebsite, 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 ManageMyWebsite under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by ManageMyWebsite to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. ManageMyWebsite will 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 are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your ManageMyWebsite Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
  9. You must maintain an accurate location in the administrative console of your ManageMyWebsite Store. If you change jurisdictions you must promptly update your location in the administrative console.
  10. ManageMyWebsite does not provide refunds.

WHICH MEANS

A valid payment method (such as a credit card) must remain on file to pay all service fees, including the subscription, transaction and additional fees 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 unable to process payment of Fees using your payment method, we may make subsequent attempts to process payment of Fees using your payment method. If payment of Fees is unsuccessful within 28 days of our initial attempt to process payment, ManageMyWebsite may freeze your store. You are responsible for all taxes relating to your Store or use of the Services. You may be required to remit Taxes to ManageMyWebsite or to self-remit to your local taxing authority. No refunds.

6. Confidentiality

  1. Confidential Information” will include, but will 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. ManageMyWebsite’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 will 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 will 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 will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will 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 ManageMyWebsite 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 and Indemnification

  1. You expressly understand and agree that, to the extent permitted by applicable laws, ManageMyWebsite and its suppliers will 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 arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
  2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ManageMyWebsite 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 (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
  3. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
  4. 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.
  5. ManageMyWebsite does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  6. ManageMyWebsite does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  7. ManageMyWebsite is not responsible for any of your tax obligations or liabilities related to the use of ManageMyWebsite’s Services.
  8. ManageMyWebsite 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 for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.

8. Intellectual Property and Your Materials

8.1 Your Materials

  1. We do not claim ownership of the Materials you provide to ManageMyWebsite; however, we do require a license to those Materials. You grant ManageMyWebsite a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of ManageMyWebsite and agree that this waiver may be invoked by anyone who obtains rights in the materials through ManageMyWebsite, including anyone to whom ManageMyWebsite may transfer or grant (including by way of license or sublicense) any rights in the Materials.
  2. If you owned the Materials before providing them to ManageMyWebsite then, despite uploading them to your ManageMyWebsite Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your ManageMyWebsite Store at any time by deleting your Account. Removing your ManageMyWebsite Store does not terminate any rights or licenses granted to the Materials that ManageMyWebsite requires to exercise any rights or perform any obligations that arose during the Term.
  3. You agree that ManageMyWebsite can, at any time, review and delete any or all of the Materials submitted to the Services, although ManageMyWebsite is not obligated to do so.
  4. You grant ManageMyWebsite a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that ManageMyWebsite requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2 ManageMyWebsite Intellectual Property

  1. You agree that you may not use any trademarks, logos, or service marks of ManageMyWebsite, whether registered or unregistered, including but not limited to the word mark MANAGEMYWEBSITE, the word mark SHOP, the word mark YOCO (“ManageMyWebsite Trademarks”) unless you are authorized to do so by ManageMyWebsite in writing. You agree not to use or adopt any marks that may be considered confusing with the ManageMyWebsite Trademarks. You agree that any variations or misspellings of the ManageMyWebsite Trademarks would be considered confusing with the ManageMyWebsite Trademarks.
  2. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include ManageMyWebsite or ManageMyWebsite Trademarks or that use or include any terms that may be confusing with the ManageMyWebsite Trademarks.
  3. You acknowledge and agree that the Terms of Service do not give you any right to implement ManageMyWebsite patents.

WHICH MEANS

Anything you upload remains yours (if it was yours) and is your responsibility, but ManageMyWebsite can use and publish the things you upload. Anything uploaded to ManageMyWebsite remains the property and responsibility of its initial owner. However, ManageMyWebsite will receive a license of materials published through our platform that we may use to operate and promote our Services.

9. Ecommerce

9.1 Theme Store

  1. You may establish the appearance of your ManageMyWebsite Store with a design template from ManageMyWebsite’s Theme Store (a “Theme”). If you buy a Theme, you are licensed to use it for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact ManageMyWebsite Support. You are not permitted to transfer or sell a Theme to any other person’s Store on ManageMyWebsite or elsewhere. Multiple Stores require multiple downloads and each download is subject to the applicable fee. ManageMyWebsite gives no assurance that a particular Theme will remain available for additional downloads.
  2. You may modify the Theme to suit your Store. ManageMyWebsite may add or modify the footer in a Theme that refers to ManageMyWebsite at its discretion. ManageMyWebsite may modify the Theme where it contains, in our sole discretion, an element that violates the ManageMyWebsite AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. ManageMyWebsite may modify the Theme to reflect technical changes and updates as required.
  3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, ManageMyWebsite may take administrative action such as modifying your Store or closing your Store.
  4. Technical support for a Theme is the responsibility of the designer, and ManageMyWebsite accepts no responsibility to provide such support. ManageMyWebsite may be able to help you contact the designer.
  5. It is the responsibility of the user, and not ManageMyWebsite, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

WHICH MEANS

You can purchase our Themes to use for one Store at a time. You are free to modify our Themes, but do not infringe upon the intellectual property rights of others, including the designer. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

9.2 ManageMyWebsite Email

You may generate or send email from your Account using the ManageMyWebsite email services (the “Email Services”). In addition to the terms applicable to the Services generally (including ManageMyWebsite’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:

  1. ManageMyWebsite 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 ManageMyWebsite’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant ManageMyWebsite the right to employ such Content Scanning. ManageMyWebsite does not warrant that the Email Services will be free from Threats, and each ManageMyWebsite 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”). MANAGEMYWEBSITE, 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 ManageMyWebsite’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 ManageMyWebsite. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
    1. 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);
    2. using purchased or rented email lists;
    3. using third party email addresses, domain names, or mail servers without proper permission;
    4. sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
    5. sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
    6. failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
    7. failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
    8. failing to include in each email a link to the then-current privacy policy applicable to that email;
    9. 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;
    10. failing to include in each email your valid physical mailing address or a link to that information; or
    11. 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 ManageMyWebsite at welcome@ManageMyWebsite.co.za. ManageMyWebsite will determine compliance with the Email Services Requirements in its discretion.
  4. ManageMyWebsite’s Email Services utilize Third Party Providers, including Mailchimp Your use of the Email Services is subject to Mailchimp’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 ManageMyWebsite may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.

9.3 Third Party Services, Experts, and Experts Marketplace

  1. ManageMyWebsite may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the ManageMyWebsite App Store, or Experts Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
  2. ManageMyWebsite Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your ManageMyWebsite Store.
  3. You can engage and work with an Expert directly or through Experts Marketplace. Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Store. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.
  4. Any use by you of Third Party Services offered through the Services, ManageMyWebsite Experts, Experts Marketplace or ManageMyWebsite’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, ManageMyWebsite may receive a revenue share from Third Party Providers that ManageMyWebsite recommends to you or that you otherwise engage through your use of the Services, ManageMyWebsite Experts, Experts Marketplace or ManageMyWebsite’s website.
  5. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that ManageMyWebsite has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on ManageMyWebsite’s websites, including the ManageMyWebsite App Store or Experts Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ManageMyWebsite. ManageMyWebsite does not guarantee the availability of Third Party Services and you acknowledge that ManageMyWebsite may disable access to any Third Party Services at any time in its sole discretion and without notice to you. ManageMyWebsite is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. ManageMyWebsite strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
  6. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ManageMyWebsite is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
  7. You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Primary Email Address (or such other email address provided by you) as well as the applicable user email address; and (ii) ManageMyWebsite will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that ManageMyWebsite may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your ManageMyWebsite Store. You choose the pages that the Experts can access.
  8. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and ManageMyWebsite is not obligated to intervene in any dispute arising between you and a Third Party Provider.
  9. Under no circumstances will ManageMyWebsite be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations will apply even if ManageMyWebsite has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
  10. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ManageMyWebsite partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

WHICH MEANS

We are not responsible for third party services, so use them at your own risk. If you choose to use Third Party Services on the ManageMyWebsite platform, you consent to us sharing your data (and potentially the data of your Customers) to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

9.4 Beta Services

  1. From time to time, ManageMyWebsite 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 are not part of the Services, and Beta Services may be subject to additional terms and conditions, which ManageMyWebsite 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 ManageMyWebsite 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 ManageMyWebsite’s prior written consent. ManageMyWebsite makes no representations or warranties that the Beta Services will function. ManageMyWebsite may discontinue the Beta Services at any time in its sole discretion. ManageMyWebsite 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. ManageMyWebsite may change or not release a final or commercial version of a Beta Service in our sole discretion.

WHICH MEANS

Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time. You use Beta Services at your own risk, and we are not responsible for any losses or harm that might come from using a Beta Service. You may be required to keep your participation in the Beta Services confidential.

9.5 ManageMyWebsite Pixel Manager

ManageMyWebsite allows you to add pixels to your ManageMyWebsite Store to enable you or a third party to track customer events (the “ManageMyWebsite Pixel Manager”). You may manage your pixels from within the user interface in the administrative console of your ManageMyWebsite Store.

  1. In addition to the terms applicable to your use of the Services generally (including these Terms of Service, ManageMyWebsite’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access to and use of the ManageMyWebsite Pixel Manager; a. You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track; b. If you provide ManageMyWebsite with any data collected using pixels, including names, email addresses, phone numbers, or other data that personally identifies an individual, you will obtain all necessary rights and consents prior to providing ManageMyWebsite with the foregoing information; c. You agree that ManageMyWebsite may disable any pixels that ManageMyWebsite identifies as malicious, in ManageMyWebsite’s sole discretion; and d. You will not, and will not allow any third parties to, use pixels; i. to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity; or ii. to disable, interfere with or circumvent any aspect of the Services.
  2. ManageMyWebsite may collect information associated with the ManageMyWebsite Pixel Manager, such as how pixels are used, and how and what scripts are added. ManageMyWebsite may use this data to improve, maintain, protect and develop the ManageMyWebsite Pixel Manager.

WHICH MEANS

The ManageMyWebsite Pixel Manager enables you or a third party to track customer events by adding pixels to your ManageMyWebsite Store. If you use the ManageMyWebsite Pixel Manager, you are responsible for obtaining all necessary consents from store visitors and customers whose events you track.

10. Feedback and Reviews

ManageMyWebsite welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will 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 ManageMyWebsite be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to ManageMyWebsite (whether submitted directly to ManageMyWebsite or posted on any ManageMyWebsite hosted forum or page), you waive any and all rights in the Feedback and that ManageMyWebsite is free to implement and use the Feedback if desired, as provided by you or as modified by ManageMyWebsite, 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 ManageMyWebsite 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. ManageMyWebsite 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.

WHICH MEANS

We welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of third parties remain confidential and we can use the feedback in any way we want.

11. DMCA Notice and Takedown Procedure

ManageMyWebsite supports the protection of intellectual property and asks ManageMyWebsite 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 ManageMyWebsite’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. Learn more at Reporting Intellectual Property Infringement.

WHICH MEANS

ManageMyWebsite 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 Store. If you don’t think the claim is valid, you can send a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send ManageMyWebsite a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

12. Privacy and Data Protection

  1. ManageMyWebsite 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 ManageMyWebsite’s collection, usage and disclosure of this personal information is governed by the POPI Act.

WHICH MEANS

ManageMyWebsite’s use and collection of personal information is governed by the POPI Act.

13. Term and Termination

  1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
  2. You may cancel your Account and terminate the Terms of Service at any time by contacting ManageMyWebsite Support and then following the specific instructions indicated to you in ManageMyWebsite’s response.
  3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including 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. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
  4. Upon termination of the Services by either party for any reason:
    1. ManageMyWebsite 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 ManageMyWebsite for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your ManageMyWebsite Store will be taken offline.
  5. If you purchased a domain name through ManageMyWebsite, 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.
  6. 30 Days written notice is required upon cancelation.
  7. If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

WHICH MEANS

To initiate a termination, you must contact Support. ManageMyWebsite will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through ManageMyWebsite 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 terminate your account at any time.

14. Modifications

  1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the ManageMyWebsite administrative console, or by similar means. However, ManageMyWebsite may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
  2. ManageMyWebsite may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the ManageMyWebsite administrative console, or by similar means. ManageMyWebsite will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

WHICH MEANS

If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).

Debit Order T’s & C’s:

30 Day Cancellation Notice

A Written cancellation notice must be given to ManageMyWebsite thirty (30) days prior to the scheduled debit order date.

Unpaid Debit Order

In the event that the debit order returns because of insufficient funds your account will be marked as “Unpaid Debit Order”

In this case there will be a 10% penalty added to the debit order amount.

All services will be suspended without notification.

The services will only be re-instated after outstanding payment are up to date.

Public Holidays

In the event that the 1st of the month falls on a weekend or a public holidays, the debit order will be scheduled to go off on the first business day of the month.

Unauthorized Reverse of debit order

In case of an unauthorized reversal of debit order, the following will apply:

All services will be suspended without notification.

No services will be released until all outstanding amounts has been paid up to date.

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