WIDETAIL, Lda., a Portuguese incorporated company with tax number PT 509 168 930 and headquartered at Rua Actor Ferreira da Silva, 100, 4200 - 298 Porto, Portugal, is a company that builds web applications for small and medium size businesses maily focused on the e-commerce market.
WIDETAIL owns the Jumpseller platform (hereafter, PLATFORM), which offers an online store builder solution. BY USING THE SERVICES PROVIDED BY WIDETAIL, EITHER THROUGH SIMPLE NAVIGATION OR BY ESTABLISHING A BUSINESS RELATIONSHIP WITH WIDETAIL, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ADDITIONAL AND SPECIFIC CONDITIONS, AS OTHER POLICIES PRESENT IN WIDETAIL SERVICES.
If you do not want to be bound by these Terms and Conditions, you should not access the PLATFORM and/or use its functionalities and associated services. THESE TERMS AND CONDITIONS APPLY TO ALL PLATFORM USERS, INCLUDING, WITHOUT LIMITATION, VISITORS, SUPPLIERS, CUSTOMERS, AND OTHERS NOT SPECIFICALLY IDENTIFIED.
1.1. By agreeing to these Terms and Conditions you declare that you have the legal age, according to your personal law, to give consent and be bound with WIDETAIL Terms and Conditions.
1.2. You accept that WIDETAIL reserves the right to refuse any services for any reason at any time.
1.3. You accept and recognize that WIDETAIL can update, modify or replace any part of these Terms and Conditions and the associated Policies, announcing it in the PLATFORM, being your responsibility to periodically check the occurrence of any changes.
1.5. You acknowledge and accept that if you breach or violate of any term in the Terms and Conditions, as determined in the sole discretion of WIDETAIL, will result in an immediate termination of your services.
2.1 WIDETAIL cares for your privacy and the security of your personal information, as you also care for your client's privacy.
2.2 When WIDETAIL processes personal data in the course of providing the services, WIDETAIL will process the personal data as a data processor, only for the purpose of providing the services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the services), and as may subsequently be agreed to by you.
2.3 In the course of providing the services, you acknowledge and agree that WIDETAIL may use sub-processors to process the personal data. WIDETAIL's use of any specific sub-processor to process the personal data must be in compliance with data protection legislation and must be governed by a contract between WIDETAIL and the sub-processor.
3.1. For using the PLATFORM's services you must have a registered account.
3.2. To create your account you must provide us your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3.3. Your account is not transferable and may only be used by one person, not being authorised a single account to be shared by multiple people. You may create separate accounts for as many people as you'd like to access the Service.
3.4. You acknowledge that WIDETAIL will use the email address you provide as the primary method for communication.
3.5. Information must be accurate. If you provide us or use false information or impersonate another person through your account, we will cancel your account, and you are the solely responsible for the consequences of such acts.
3.6. You are responsible for your account and any activity that takes place on your account, namely, your business transactions, items being sold and the personal information you collect.
3.7. You are responsible for keeping your password secure. WIDETAIL cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
3.8. In case your account is shared by other people, the one to be billed is the legal responsible before us, your clients and the authorities.
3.9. If you're registering as a company, you represent that you have the authority to legally agree and bind that company to the Terms and Conditions on behalf of the business.
3.10. If you are using the PLATFORM, you give WIDETAIL the guaranty that you comply with all applicable laws relating to online trading applicable to you, and you expressly indemnify WIDETAIL against any and all claims.
3.11. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your account.
3.12. You must not transmit any worms or viruses or any code of a destructive nature.
3.13. If Your bandwidth usage exceeds 30 GB/month, or significantly exceeds the average bandwidth usage, as determined solely by WIDETAIL, of other PLATFORM Users, WIDETAIL reserves the right to immediately disable Your account or throttle Your file hosting until You can reduce Your bandwidth consumption.
3.14. If You infringe someone's intellectual property rights, You will be violating these Terms and Conditions. We will remove your contents that are infringing such rights, and at the third claim, your account shall be cancelled.
3.15. If your account stays inactive for more than 6 (6) months, your account will be suspended and we will delete your account and all information stored within it.
3.16. These Terms and Conditions do not create any agency, partnership, joint venture, employment or franchisee relationship between You and WIDETAIL.
4.1. You agree to not:
- post, list or upload inappropriate content or items;
- breach or circumvent any laws, third party rights or our policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- post false, inaccurate, misleading, defamatory, or libellous, unlawful, offensive, threatening, pornographic, obscene or otherwise objectionable content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users and clients for any purpose other than in relation to a specific transaction or to send marketing materials if you expressly authorised to do so;
- distribute viruses or any other malwares;
- use any robot, spider, scraper or other automated means for any purpose or to harvest or otherwise collect information about users, such as email addresses, without their consent;
- verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, including, WIDETAIL customers or its employees, members and/or officers;
- copy, modify, or distribute rights or content from other Users.
4.2. Content that You post using the PLATFORM is your responsibility, and WIDETAIL does not make any claim to it. That includes anything You post using the PLATFORM, namely, usernames, shop names, profile pictures, listing photos, listing descriptions, videos.
4.3. By setting your pages to be shared publicly, You agree to allow others to view and share your page's Content.
4.4. You grant WIDETAIL a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote the PLATFORM, in any formats and through any channels, including across any third-party website or advertising medium.
4.5. WIDETAIL has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content has been posted without permission and the owner of such content wants it removed, such request must be submitted through a written request to firstname.lastname@example.org.
4.6. WIDETAIL does not pre-screen your Content, Notwithstanding, You recognize and accept that WIDETAIL has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
4.7. You understand that for the technical processing and transmission of the Service, including your Content, may be done through unencrypted processes and involving (a) transmissions over various networks; and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.1. WIDETAIL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
5.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes at the PLATFORM.
5.3. WIDETAIL shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
6.1. During the term of these Terms and Conditions and subject to these Terms and Conditions You may access and use WIDETAIL's PLATAFORM as a Service.
6.2. WIDETAIL grants You a limited, non-exclusive, non-transferable and revocable license to use the PLATFORM as a Service.
6.3. WIDETAIL retains all right, title, and interest in and to the PLATFORM as a Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant You any intellectual property rights in the Service or any of its components.
6.4. Access to and use of the PLATFORM as a Service requires that you have an active and valid Account.
6.5. You can terminate your use of the PLATAFORM as a Service terminating your Account and the Services you subscribe to.
6.6. You agree to use the PLATFORM as a Service in accordance with all procedures that may be provided by WIDETAIL from time to time, and You accept that WIDETAIL cannot guarantee full security with respect to the connection to the PLATAFORM as a Service. You accept that WIDETAIL will not be liable for any unauthorized access to or use of data transmitted via the PLATAFORM as a Service.
6.7. Technical support is only provided to paying account Users and is only available via email.
7.1. You accept that you will pay the fees applicable and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account, and any fees relating to the acquisition of any products or services.
7.2. A valid credit card, bank account or PayPal account is required for paying accounts. Trial accounts are not required to provide a credit card number, PayPal or bank account.
7.3. Subscription fees are paid within a one month interval of advance. You will be always billed on the same day of the month you first activated your subscription.
7.4. Transaction and additional fees will be charged at the moment of the transaction or acquisition, whatever the case might be.
7.5. An invoice will be available on your administration account page.
7.6. In case of any issues with the billing, you will have a 10 (ten) day period to settle it.
7.7. All fees are exclusive of applicable taxes, and you are responsible for all applicable taxes that arise from or as a result of your subscription to or acquisition of WIDETAIL's products and services.
7.8. For any upgrade or downgrade in plan level, if the payment method is a credit card, you will be automatically charged the new rate on your next billing cycle on the credit card provided.
7.9. Downgrading your plan may cause the loss of content, features, or capacity of your Account. You recognize that WIDETAIL will not be liable for such loss. 7.10. You agree and accept that WIDETAIL does not provide refunds.
8. Intellectual Property
8.1. "JUMPSELLER" and other WIDETAIL trademarks, phrases, logos and designs that WIDETAIL use in connection with his Services, are owned by WIDETAIL and protected by intellectual property laws, and you are not allowed to use or reproduce such trademarks, phrases, logos and designs without WIDETAIL's explicit and written consent.
8.2. The look and feel of the Service is copyright WIDETAIL, with all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from WIDETAIL.
8.3. You cannot reverse engineer or attempt to obtain the source code of the PLATFORM.
9. Third Party Services
9.1. You understand that WIDETAIL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service.
9.2. Notwithstanding, when you access third-party services, you do so at your own risk.
9.3. WIDETAIL doesn't control such links or services, and you will be bound by the terms of such links or services.
10. Limitation of Liability
10.1. You understand and agree that WIDETAIL 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, namely:
- your use of or your inability to use our PLATFORM;
- pricing, postage or other guidance provided by other Users;
- delays or disruptions in the PLATFORM;
- viruses or other malicious software obtained by accessing, or linking to, the PLATFORM;
- glitches, bugs, errors, or inaccuracies of any kind in the PLATFORM;
- damage to your equipments derived from the use of the PLATFORM;
- the content, actions, or inactions of third parties;
- a suspension or other action taken with respect to your account or breach of these Terms and Conditions.
10.2. In no event shall WIDETAIL 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 Conditions (however arising including negligence).
10.3. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, 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 Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
10.4. Your use of the PLATFORM is at your sole risk, being it provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
10.5. WIDETAIL does not warrant that:
- the PLATFORM will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the PLATFORM will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the PLATFORM will meet your expectations, or that any errors in the PLATFORM will be corrected.
10.6. Regardless of the previous, if we are found to be liable, our aggregate liability to you or to any third party is limited to the greater of one hundred ($100) US Dollars or the amount you paid WIDETAIL in the past six months.
11. Waiver and Complete Agreement
11.1. The failure of WIDETAIL to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
11.2. These Terms and Conditions are the entire agreement between You and WIDETAIL, superseding any prior agreements.
12.1. WIDETAIL may terminate this agreement immediately in case of any violation of subsection 4.1.
12.2. You may terminate this agreement by cancelling your account at anytime in your User's area.
12.3. An email or phone request to cancel your account is not considered sufficient to proceed with the account cancellation.
12.4. Upon termination by either party for any reason you accept that:
- WIDETAIL will stop providing you with access to the PLATFORM;
- All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your store is deleted;
- Any outstanding balance owed to WIDETAIL through the effective date of such termination will immediately become due and payable in full; and
- your store will be taken offline.
12.5. Any outstanding Fees owing by you, will be send by email.
12.6. You accept that WIDETAIL reserves the right to modify or terminate your account for any reason, without notice at any time.
13.1. You agree to defend WIDETAIL (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney's fees) that arises from your actions, your use (or misuse) of the PLATFORM, the breach of these Terms and Conditions or your infringement of any third party's rights.
13.2. You accept that WIDETAIL reserves the right to handle its defence however and you agree to fully cooperate with WIDETAIL on such defence.
14. Disputes with Widetail
14.1. These Terms and Conditions, as well as its associated policies, shall be construed and interpreted by the laws of Portugal.
14.2. In case of any dispute that cannot be settled by an alternative dispute resolution mechanism, it will be exclusively held before the Court of Oporto, except when the law imposes a special jurisdiction regarding the object of dispute.
14.3. WIDETAIL is member of the Oporto Consumer Arbitration Centre, with the following contacts details:
14.4. In case of dispute You can use this Dispute Resolution entity.
If you have any questions about these Terms and Conditions, please email at: email@example.com
Last Reviewed on 22nd May, 2018.