terms | Outsource

OUTSOURCE TERMS AND CONDITIONS

1. Account Terms

1.To get right of entry to and use the Services, you have to make an account on Outsource with your complete legal name, mobile number, a legitimate e-mail address, current residential additional other records as required. Outsource may also reject your Account, or cancel an present Account, for any reason, at our sole discretion.
2.You have to be the older than or be atleast :
(i) 18 years, or
(ii) Legal age in the jurisdiction where you live and from where you use the Services to open an Account.
3.You verify which you are receiving any Services provided by Outsource for the functions of supporting a commercial activity and not for any personal or family purpose.
4.You accept that Outsource will use your email address provided on opening an Account or as updated by you from time to time as the primary way of communication with you.
5.You are liable for maintaining your password secure. Outsource cannot and will not be responsible for any leak or damage from your failure to maintain the security of your Account and password.
6.You are liable for all activity and content material which may include photos, images, videos, graphics, written content material, audio files, code, records, or facts uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in reference to your Account (“Materials”).
7.A rupture or violation of any terms within the Terms and Service, consisting of the AUP, as decided in the only discretion of Outsource might also additionally bring about a right away cancellation of your Services.

2. Account Activation

2.1 Store Owner

1.Subject to section 2.1(2), the individual signing up for the Terms and Services through starting an Account will be the contracting party (“Store Owner”) for the purposes of our Terms and conditions of Service and can be the person who is permitted to apply any corresponding Account we may also offer to the Store Owner in connection with the Service. You are accountable for making sure that the name of the Store Owner (which includes the legal name of the company that owns the Store, if applicable) is genuinely visible at the Store’s website.
2.If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms and conditions of Service .If you're signing up for the Services on behalf of your organization, your organization will be the Store Owner. If you're signing up for the Services on behalf of your organization, you then definitely have to use your organization-issued e-mail address and also you represent and warrant that you have the authority to bind your organization to our Terms and conditions of Service .
3.Your Outsource Store can only be associated with one Store Owner. A Store Owner may also have more than one Outsource Stores. “Store” means the online store or physical retail location(s) related to the Account.

2.2 Staff Accounts

1.Based on the Outsource pricing plan, you could create one or more staff accounts (“Staff Accounts”) permitting different people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you could restrict Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
2.The Store Owner is accountable and liable for the acts, omissions and defaults arising from use of Staff Accounts in the overall performance of obligations under these Terms and conditions of Service as though they have been the Store Owner’s personal acts, omissions or defaults.
3.The Store Owner and the users under Staff Accounts are every known as a “Outsource User”.

2.3 PayPal Express Checkout and Outsource Payments Accounts

Upon completion of sign up for the Service, Outsource will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Outsource may also create a Outsource Payments account on your behalf.
You acknowledge that PayPal Express Checkout and/or Outsource 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, PayPal Express Checkout is a Third Party Service, as defined in Section 17 of these Terms and conditions of Service .

2.4 Apple Pay for Safari Accou

1.Upon completion of sign up for the Service, Outsource will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Based on your location, Outsource may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. To avoid the confusion, Apple Pay is a Third Party Service, as defined in Section 17 of these Terms and conditions of Service .
2.If you operate an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Store by the use of Apple Pay.
3.By using Apple Pay on your Store, you are agreeing to be bound by the Terms and conditions of Apple Pay Platform Web, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: https://www.Outsource.com/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your persisted use of Apple Pay on your Store after the amended Apple Pay Platform Web Merchant Terms are published constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any adjustments to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your Store.

2.5 Google Payment

1.Upon completion of sign up for the Service, when you have i enrolled in Outsource Payments, Outsource will also create a Google Payment account on your behalf. If it is not your wish to keep your Google Payment account active, it is completely your responsibility to deactivate it. To avoid confusion, Google Payment is a Third Party Service, as defined in Section 17 of these Terms and conditions of Service .
2.If you operate a Google Payment supported payment gateway and your customers have enabled Google Payment, customers may purchase goods and services from your Store by the use of Google Payment.
3.By using Google Payment on your Store, you are agreeing to follow the Google Payment API Terms and conditions of Service , as they may be amended by Google from time to time. If Google amends the Google Payment API Terms and conditions 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 and conditions 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 and conditions of Service are posted constitutes your agreement to, and acceptance of, the amended Google Payment API Terms and conditions of Service . If you do not agree to any changes to the Google Payment API Terms and conditions of Service , deactivate your Google Payment account and do not continue to use Google Payment on your Store

2.6 Domain Names

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

3. General Conditions

One must read, agree upon and accept all of the terms and conditions contained in those Terms and conditions of Service , including the AUP, the Privacy Policy, and, if you operate a E.U. based Store, the EU Terms, before you may become a Outsource User.
1.Technical support in respect of the Services is provided only to Outsource Users.
2.The Terms and conditions of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and conditions of Service and is hereby expressly excluded.
3.You acknowledge and agree that Outsource may amend these Terms and conditions of Service at any time by posting the relevant amended and restated Terms and conditions of Service on Outsource’s website, available at [LINK] and such amendments to the Terms and conditions of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms and conditions of Service are posted to Outsource’s website constitutes your agreement to, and acceptance of, the improved Terms and conditions of Service . If you disagree to any changes to the Terms and conditions of Service , terminate the use of that Service. If the EU Terms apply to your Store, then amendments to these Terms and conditions of Service will be provided in accordance with the EU Terms.
4.You may not use the Outsource Services for any illegal or unauthorized purpose nor may you, using the Service, violate any laws in your jurisdiction (including 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 in your use of the Service and your performance of obligations under the Terms and conditions of Service .
5.The Outsource API License and Terms of Use at [LINK] govern your access to and use of the Outsource API (as defined therein). You are completely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials safe.
6.You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Services, or access to the Services without the explicit written permission by Outsource.
7.You shall not purchase search engines or other pay per click keywords (such as Google Ads), or domain names that use Outsource or Outsource trademarks and/or variations and misspellings thereof.
8.Questions about the Terms and conditions of Service should be sent to Outsource Support.
9.You recognize that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over diverse networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card statistics are usually encrypted for the duration of switching over networks.
10.The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services").You will most effective use the SMS Services in compliance with those Terms and conditions of Service , Nexmo Inc.'s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
11.You acknowledge and agree that your use of the Services, including information transmitted to or stored by Outsource, is governed by its privacy policy at [LINK]
12.The Terms and conditions of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms and conditions of Service and Outsource’s Terms and conditions of Service available in another language, the most current English version of the Terms and conditions of Service at [LINK] will prevail. Any disputes arising out of these Terms and conditions of Service will be resolved in English unless otherwise determined by Outsource (acting in its sole discretion) or as required by applicable law.
13.All the terms and provisions of the Terms and conditions of Service shall be binding upon and inure to the benefit of the parties to the Terms and conditions of Service and to their respective heirs, successors, authorised assigns and legal representatives. Outsource shall be permitted to assign these Terms and conditions of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms and conditions of Service , or any of your rights or obligations hereunder, to any third party without Outsource’s prior written consent, to be given or withheld in Outsource’s sole discretion.
14.If any provision, or portion of the provision, in these Terms and conditions of Service is, for any reason, held to be invalid, illegal or unacceptable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms and conditions of Service , and the Terms and conditions of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms and conditions of Service .
15.Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms and conditions of Service .

4. Outsource Rights

1.We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
2.We reserve the right to refuse service to any individual for any reason anytime.
3.We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the products or services offered by a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms and condition of service.
4.Verbal or written abuse of any type (including threats of abuse or retribution) of any Outsource customer, Outsource employee, member, or officer will result in immediate Account termination.
5.Outsource does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including a complete Store.
6.We reserve the right to provide our services to your competitors and make no promise of exclusivity in any precise marketplace segment. You further acknowledge and accept that Outsource employees and contractors may also be Outsource customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 5) in doing so.
7.In the event of a dispute regarding Account ownership, we reserve the right to request documentation to decide or affirm Account possession. Documentation may also include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an organization, etc.
8.Outsource retains the right to decide, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Outsource reserves the right to temporarily disable an Account until resolution has been decided among the disputing parties.

5. Confidentiality

1.The “Confidential Information” includes, but is 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. Outsource’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 apply the other party’s Confidential Information entirely as important for performing its obligations under those Terms and conditions of service and according with other obligations in those Terms and conditions of service along with this Section 5. Each party agrees that it shall take all reasonable steps, at the least extensively equivalent to the steps it takes to protect its own proprietary statistics, to prevent the duplication, disclosure or use of such a Confidential Information, aside from
(i) by or to its employees, sellers and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or
(ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms and conditions of service, provided that, if legally allowed, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to make certain that such disclosure is accorded
confidential treatment. Confidential Information shall not include any information that the receiving party can prove:
(A) was already in the public domain, or was recognised 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 connection to the other party’s Confidential Information, and with out breaching any provisions of these Terms and condition of service;
(C) is therefore rightly received by the receiving party from a source other than the disclosing party without breaching any provision of these Terms and conditions of service.

6.Limitation of Liability

1.You expressly Acknowledge and agree that, to the extent permitted by applicable laws, Outsource shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
2.To the extent permitted by applicable laws, in no event shall Outsource 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 and condition of service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Outsource 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 and condition 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 Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4.Outsource does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5.Outsource does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
6.Outsource 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.

7.Waiver, Severability, and Complete Agreement

The failure of Outsource to exercise or enforce any right or provision of the Terms and conditions of service shall not constitute a waiver of such right or provision. If any provision of the Terms and condition of service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms and condition of service shall remain in full force and effect.
The Terms and conditions of service, including the documents it incorporates by reference, constitute the entire agreement between you and Outsource and govern your use of the Services and your Account, superseding any prior agreements between you and Outsource (including, but not limited to, any prior versions of the Terms and conditions of service).

8.Intellectual Property and Customer Content

1.We don't guarantee any protected innovation rights over the Materials you give to the Outsource Service. All Materials you transfer remain yours. You can evacuate your Outsource Store whenever by erasing your Account.
2.By transferring Materials, you concur: (a) to permit other web clients to see the Materials you present freely on your Store; (b) to permit Outsource to store, and on account of Materials you post openly, show and utilize your Materials; and (c) that Outsource can, whenever, survey and erase all the Materials submitted to its Service, in spite of the fact that Outsource isn't committed to do as such.
3.You hold responsibility for Materials that you transfer to the Store; in any case, by making your Store open, you consent to permit others to see Materials that you present freely on your Store. You are liable for consistency of the Materials with any relevant laws or guidelines.
4.Outsource will have the non-selective right and permit to utilize the names, brand names, administration imprints and logos related to your Store to advance the Service.

9.Outsource Shipping

You can buy dispatching marks from inside your Outsource managerial support ("Outsource Shipping") for conveyance of products bought from your Outsource Store. Notwithstanding these Terms and state of administration, your entrance to and utilization of Outsource Shipping is dependent upon the Outsource Shipping Terms and state of administration, situated at (a)https://www.Outsource.com/legal/terms-shipping-us if you are located in the United States; (b) https://www.Outsource.com/legal/terms-shipping-ca, if you are located in Canada; and (c) https://www.Outsource.com/legal/terms-shipping-global, if you are located outside of Canada and the United States.

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