TERMS AND CONDITIONS FOR ZETTLE E-COMMERCE
Last updated: 24 September 2019
These terms and conditions, including the terms, policies, guidelines and instructions referred to herein (“Zettle E-commerce Terms”) constitute a legal agreement between iZettle Merchant Services AB, corporate registration number: 556812-2674, with its registered office at Regeringsgatan 59, 111 56 Stockholm, Sweden (“Zettle”, “we”, “our” or “us”) and you, the sole trader, company or other business entity having created an account with us (the “Merchant”, “you” or “your”), governing your access to and use of our e-commerce services (together, the “Zettle E-commerce Service”).
By accepting or otherwise electronically agreeing to these Zettle E-commerce Terms, you acknowledge that you have read and accept to be bound by these Zettle E-commerce Terms. If you do not agree to these Zettle E-commerce Terms (or if you do not have the right to bind the company or other business entity you are representing), you are not permitted to access or use the Zettle E-commerce Service, and you should not accept these Zettle E-commerce Terms.
The general terms and conditions governing your access to the Zettle services and which you accept in connection with becoming a Zettle user (“General Terms and Conditions”) shall be deemed incorporated into these Zettle E-commerce Terms in those parts where the provisions of the General Terms and Conditions refer to ”Additional Terms” for specific services (which includes these Zettle E-commerce Terms) and to the extent these Zettle E-commerce Terms specifically refer to provisions in the General Terms and Conditions.
You will be able to accept and process payments from your customers in your Online Store (as defined below) through different payment methods offered by iZettle AB from time to time in your jurisdiction, such as Card payments, invoicing and alternative payment methods (the “Payment Service”). Your access to and use of the Payment Service is governed by the payment terms and conditions with iZettle AB (“Payment Terms and Conditions”). For more information, please visit our Website.
Defined terms used in these Zettle E-commerce Terms will have the same meaning as those used in the General Terms and Conditions or the Payment Terms and Conditions, unless otherwise defined herein.
In order to get access to and use Zettle E-commerce, you must create a Zettle Account as further described in section 1 of the General Terms and Conditions.
In addition to the warranties provided under section 1 of the General Terms and Conditions you warrant to us that: a) you will use Zettle E-commerce solely for trade, business or professional purposes, b) you will comply with all applicable laws, including consumers’ rights in accordance with Directive 2011/83/EU on consumer rights, Directive 2005/29/EC on unfair business-to-consumer commercial practices, and Directive 93/13/EEC on unfair terms, and Directive 2000/31/EC on electronic commerce, as implemented into applicable local law, c) you will not use the Zettle E-commerce Service for any illegal or unauthorized purpose, including any of the activities listed in the Prohibited Segments, d) if you are not using a domain name provided by us, you are the owner of the domain name which you use to set up your Online Store (as defined below) and such domain name is fully functioning and accessible online, and e) you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
We reserve the right to suspend your access to and use of Zettle E-Commerce and to terminate and close your Online Store if you provide us with inaccurate, untrue, or incomplete information.
2. Our role
Zettle E-commerce provides you an online platform where you can offer your products and services for sale to customers through your own online store (the “Online Store”) and manage such sales.
We do not have any responsibility to control any content uploaded by you when using Zettle E-commerce and you are solely liable for any descriptions, information or content uploaded, collected, generated, stored, distributed or displayed by you on or in connection with your use of Zettle E-commerce such as photos, images, written content etc. and for such material not being incorrect or misleading. We may, but are in no event obliged to, in our sole discretion, remove any content uploaded by you in the Online Store if we deem that it is unlawful, offensive, defamatory, misleading, violates the privacy or intellectual property rights of any third party or does not comply with these Zettle E-commerce Terms.
You agree that we may at any time update or modify Zettle E-commerce subject to prior notification in accordance with section 19 of the General Terms and Conditions. However, we reserve the right to implement such updates and modifications with immediate effect without prior notice to you where necessary to maintain the security of our systems or to comply with applicable laws, rules and regulations.
3. Your role
You are solely responsible for the Online Store, the products and/or services provided in the Online Store and the quality and marketing of such products and/or services. Any sale of products and/or services through the Online Store will be a transaction between you and your customer and will be governed by an agreement between you and the customer. We do not take part in the transactions between you and your customers and have no responsibility for, or control over, the fulfilment of such transaction on behalf of either party or the quality, legality, or efficacy of any products or services. You are solely responsible for providing accurate descriptions and information relating to the products and/or services you offer in the Online Store.
The personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services included in section 20 of the General Terms and Conditions shall be deemed to include a license to Zettle E-commerce.
5. Restrictions and limitations
By accepting these Zettle E-commerce Terms, you confirm and agree that you will not use Zettle E-Commerce for transactions in connection with the businesses or business activities included in the list over Prohibited Segments.
Zettle E-commerce is made available to businesses registered within the European Union (which shall be deemed to include the United Kingdom even if the United Kingdom should subsequently cease to be in the European Union). Notwithstanding the restriction set out in the Payment Terms and Conditions, Zettle E-commerce will be available to end customers in all jurisdictions and you are entitled to carry out transactions from all jurisdictions where the Online Store can be accessed, subject to the restrictions set out in these Zettle E-commerce Terms.
By signing up for Zettle E-commerce, including after the end of any free trial period, you agree to pay the fees and any applicable taxes as set forth on our Website and/or in your Zettle Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and Conditions.
For the processing of transactions within the Online Store, you agree to pay the fees for the Payment Service as set out in the Payment Terms and Conditions.
The personal data we collect about you will be handled in accordance with section 12 of the General Terms and Conditions.
Zettle E-commerce includes third party hosting outside the EEA for which purposes we made necessary arrangements to ensure adequate protection in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).
8. Intellectual property
You grant us and our affiliate a limited, non-exclusive right and license to display and use any trade name, trademark, service mark, logo, picture and other content associated with your Online Store in order to provide Zettle E-commerce as well as to promote Zettle E-commerce.
9. Your additional liability and indemnification
In addition to what is set out in section 16 of the General Terms and Conditions, you are responsible for all liabilities incurred by a third party or us caused by your access to and use of Zettle E-commerce and/or arising from any breach by you of any provision of these Zettle E-commerce Terms. You agree to reimburse such third party or us for any and all such liability.
Notwithstanding the above or any other provision of these Zettle E-commerce Terms and in addition to what is set out in section 16 of the General Terms and Conditions, you agree to defend, indemnify, and hold us and each of our respective directors, agents, affiliates and representatives harmless from and against any claim, cost, suit, demand, loss, liability, damage, action, proceeding judgment, penalty, interest and expense (including without limitation reasonable attorneys’ fees) arising out of or relating to: a) any actual or alleged breach by you of any provision of these Zettle E-commerce Terms , b) your wrongful or improper use of Zettle E-commerce, c) third party liability or indemnity obligations we incur as a direct or indirect result of your acts or omissions.
In the event you are liable for any amounts owed to us, we may immediately collect such amounts from funds credited to your Zettle Account. If there are insufficient funds to cover your liability, you agree to reimburse us immediately on demand through other means.
10. Our liability
Our liability for Zettle E-commerce shall be governed by sections 5 (Service Level), 17 (No warranties) and 18 (Limitation of liability) of the General Terms and Conditions.
11. Term and termination
These Zettle E-commerce Terms are effective upon the date you agree to them and will remain in force until terminated by you or by us in accordance with these Zettle E-commerce Terms or the General Terms and Conditions.
In addition to what is stated in section 23 of the General Terms and Conditions, we may terminate these Zettle E-commerce Terms or close your Online Store without prior notice to you: a) if the products and/or services offered for sale in your Online Store or the content uploaded via Zettle E-commerce violates the list of Prohibited Segments or these Zettle E-commerce Terms, b) if, in our reasonable opinion, your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Card Scheme or an Acquirer.
Upon termination of these Zettle E-commerce Terms or closure or suspension of your Online Store, your Online Store will no longer be accessible online. Unless otherwise provided in these Zettle E-commerce Terms, you will not be entitled to refunds of any fees already paid.