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Soomi NZ Terms & Conditions
Last Updated: 14/03/21
By signing up for a Soomi Account (as defined below) or by using any Soomi Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service").
As used in these Terms of Service, "we", "us" and "Soomi" means the applicable Soomi Contracting Party (as defined below).
The services offered by Soomi under the Terms of Service include various products and services to help you sell goods and services to buyers, by enabling you to create and build your own online store. Any such services offered by Soomi are referred to in these Terms of Services as the "Services". Any new features or tools, which are added to, the current Services shall be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.soomi.co.nz.
Soomi reserves the right to update and change the Terms of Service by posting updates and changes to the Soomi website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. And if you do not accept such amendments, you must cease using the Services.
You must read, agree with and accept all of the terms and condition including Soomi's Privacy Policy.
Account Terms
To access and use the Services, you must register for a Soomi account ("Account") by providing your full legal name and any other accurate details required to register. Soomi may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You confirm that you are receiving any Services provided by Soomi for the purposes of business activity and not for any personal, household or family purpose.
You acknowledge that Soomi will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. Email communications with Soomi must be from your primary email address to authenticate your account.
You are responsible for monitoring the primary Account email address you provide to Soomi and your email address must be capable of both sending and receiving messages.
You are responsible for keeping your password secure. Soomi cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You acknowledge that you are responsible for the creation and operation of your Soomi Store. Soomi is not a marketplace. Any contract of sale through your Soomi Store is directly between you and the buyer.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials"). A breach or violation of any term in the Terms of Service as determined in the sole discretion of Soomi may result in an immediate termination of your Services.
Account Activation
Store Owner
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.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. In this instance, 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.
Your Soomi Store can only be associated with one Store Owner. A Store Owner may have multiple Soomi Stores. "Store" means the online store or physical location(s) associated with the Account.
Staff Accounts
Based on your Soomi plan, you can create one or more staff accounts ("Staff Accounts") allowing other 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.
The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner's own acts, omissions or defaults.
The Store Owner and the users under Staff Accounts are each referred to as a "Soomi User".
Domain Names
Upon purchasing a domain name through Soomi, domain registration will be preset to automatically renew each year so long as your Soomi Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
General Conditions
You must read and accept all of the terms and conditions contained in these Terms of Service and Privacy Policy before you may become a Soomi User.
Technical support in respect of the Services is only provided to Soomi Users.
The Terms of Service shall be governed by and interpreted in accordance with the laws of New Zealand. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Soomi may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Soomi's website, available at https://www.Soomi.co.nz and such amendments to the Terms of Service are effective as of the date of posting.
The Terms of Service were last amended on 14/3/21
Your continued use of the Services after the amended Terms of Service are posted to Soomi's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Soomi Services for any illegal or unauthorized purpose nor may you 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 New Zealand. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
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 Soomi. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Soomi or Soomi trademarks and/or variations and misspellings thereof. Questions about the Terms of Service should be sent to info@soomi.co.nz
You acknowledge and agree that your use of the Services, including information transmitted to or stored by Soomi, is governed by its privacy policy.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Soomi's Terms of Service available in another language, the most current English version of the Terms of Service at https://www.soomi.co.nz will prevail. Any disputes arising out of these Terms of Service will be resolved in English.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable 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 of Service, and the Terms 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 of Service. The remaining sections will survive the termination or expiration of these Terms of Service.
Soomi Rights
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.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate these Terms of Service. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Soomi customer, Soomi employee, member, or officer will result in immediate Account termination.
Soomi does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Soomi employees and contractors may also be Soomi customers/merchants and that they may compete with you, although they may not use your Confidential Information.
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 companies office certificate of incorporation, primary photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Soomi retains the right to determine, 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, Soomi reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Confidentiality
"Confidential Information" shall include, but shall 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.
Soomi'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.
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. Each party agrees that it shall 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 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 of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure 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 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.
Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Soomi 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.
To the extent permitted by applicable laws, in no event shall Soomi or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Soomi partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
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.
Soomi does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Soomi does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Soomi is not responsible for any of your tax obligations or liabilities related to the use of Soomi's Services.
Soomi 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.
Soomi is not liable for any shipping or supply costs that are associated with your account, any liabilities on your account to Soomi partners will be paid in accordance with our partners Terms & Conditions. Failure to pay a Soomi partner may also result in the hold or termination of your store until Soomi partners have confirmed your account is no longer owing to our partner team.
Waiver, Severability, and Complete Agreement
The failure of Soomi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms 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 of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Soomi and govern your use of the Services and your Account, superseding any prior agreements between you and Soomi (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Soomi Service. All Materials you upload to your Soomi Store remains yours. You can remove your Soomi Store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Soomi to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Soomi can, at any time, review and delete all the Materials submitted to its Service, although Soomi is not obligated to do so.
You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store.
You are responsible for compliance of the Materials with any applicable laws or regulations.
Soomi shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
Soomi Shipping
You must comply with any of our shipping partners Terms of Services. Links to these can be found below:
CourierIt: https://bit.ly/2RK0bUJ
Our shipping partners from time-to-time reserve the right edit their terms of service at their sole discretion. The latest version of their Terms of Service can be found directly on www.courierit.co.nz and was last updated in these Terms of Service on 14/3/2021.
Payment of Fees
You will pay the Fees applicable to your subscription to Online Service 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 ("Transaction Fees"), and any fees relating to your purchase or use of any products or services such as shipping, apps, Themes, domains, payment provider costs.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Soomi will charge applicable Fees to any valid payment method that you authorize ("Authorized Payment Method"), and Soomi 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 NZ dollars, and all payments shall be in New Zealand currency.
Subscription Fees are paid in advance and will be billed in the intervals selected by the user on the set up of their account. Any additional Fees will be charged from time to time at Soomi'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 email provided. As well, an invoice will appear on the Account page of your Store's administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account 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, Soomi reserves the right to terminate your Account.
Based on preferred payment method for your authorised payment of the service, late payment penalties may be applicable. These penalties if applicable will be disclosed in the specific payment partners terms and conditions and displayed on the store set up.
All Soomi Fees will be inclusive of GST at a rate of 15%, which will be identified on the invoice, along with Soomi GST number.
Soomi’s fees do not include any taxes other than New Zealand GST, which may or may not be applicable in your local region.
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Soomi's products and services. To the extent that Soomi 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 a business or entity is exempt from payment of GST Taxes in New Zealand, the Account Owner is responsible for reclaiming the GST. Soomi New Zealand will still charge the GST any billable items.
For the avoidance of doubt, all sums payable by you to Soomi under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Soomi to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Soomi shall 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.
You are responsible for all applicable Taxes that arise from or as a result of any sale on your Soomi Store.
You must maintain an accurate location in the administration menu of your Soomi Store. If you change jurisdictions you must promptly update your location in the administration menu.
Soomi does not provide refunds.
Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by contacting info@soomi.co.nz and then following the specific instructions indicated to you in Soomi's response. Upon termination of the Services by either party for any reason:
Soomi will cease providing you with the Services and you will no longer be able to access your Account;
Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Soomi for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Store website will be taken offline.
If you purchased a domain name through Soomi, 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.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Soomi Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations, which arose prior to the date of termination.
Fraud: Without limiting any other remedies, Soomi may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days' notice from Soomi. Such notice may be provided at any time by posting the changes to the Soomi Site (Soomi.co.nz) or the administration menu of your Soomi Store via an announcement.
Soomi reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law). Soomi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Third Party Services
Soomi 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.
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 is provided by, Third Party Providers. You are responsible for ensuring you are agreeing to any 3rd parties latest terms and conditions.
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.
Soomi 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.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Soomi is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall Soomi 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.
These limitations shall apply even if Soomi has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Soomi 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.
Feedback and Reviews
Soomi welcomes any ideas and/or suggestions regarding improvements or additions to the Services.
Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, " Feedback") to Soomi be subject to any obligation of confidentiality or expectation of compensation.
By submitting Feedback to Soomi (whether submitted directly to Soomi or posted on any Soomi hosted forum or page), you waive any and all rights in the Feedback and that Soomi is free to implement and use the Feedback if desired, as provided by you or as modified by Soomi, 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 Soomi 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. Soomi 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.
Rights of Third Parties
Save for Soomi and its affiliates, Soomi Users or anyone accessing Soomi Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Privacy & Data Protection
Soomi 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 Soomi's collection, usage and disclosure of this is governed by our Privacy Policy.
Soomi Privacy Policy
Last Updated: 01 March 2021
Our goal is to create and encourage a community that supports local businesses. But we will never forget the need to protect your privacy online.
· Every business must sign up with their real name and provide real contact information.
· soomi.co.nz is protected by a password and encrypted by HTTPS.
· Soomi NZ may from time-to-time may share some data with its associated partners for the purposes of improving its services, promoting Soomi members, advertising and any other requirement Soomi or its associated partners may need.
We are committed to continually improving our privacy policy to better protect the information of our users.
Soomi NZ Limited is the data controller of personal information processed through your use of our site.
The type of personal information processed by us includes information that you provide when using our site or services, technical information about your device, settings and site use, information that we receive from third parties, such as other website providers, ad networks, and social media companies.
We use your data, amongst other things, to provide you with our site and services or information about our site and services, tailor our services to you, carry out an analysis of our services, provide (or allow others to).
You agree that we may send you marketing materials relating to our services and associated partners which you can opt-out of at any time by sending an email to info@soomi.co.nz
Soomi NZ may from time-to-time share information with our WERU.co.nz platform for the purpose of promoting your store on our free business directory.
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