Spiffy Stores Partner Program Terms Of Service & User Agreement
By signing up for the Spiffy Stores Partner Program (Service
), you are agreeing to be bound by the following terms and conditions (Terms of Service
).
The Agreement is between you, as Partner (as defined below), and Domain Hosting Shop Pty Ltd (DHS
), trading as Spiffy Stores
.
Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time at: https://www.spiffystores.com.au/partner-terms-of-service. DHS reserves the right to update and change the Terms of Service by posting updates and changes to the Spiffy Stores website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Account Terms:
- You must be 18 years or older to use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. DHS cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Spiffy Stores service 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) as well as the laws of Australia and the State of New South Wales.
- You are responsible for all activity and content (data, graphics, photos, links) that are uploaded under your Spiffy Stores account.
- You must not transmit any malware, worms or viruses or any code of a potentially destructive nature.
- You must not undertake any activity which impedes our ability to provide our Service.
- You must not make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our Service, or its performance for other subscribers.
- You agree not to undertake acts that waste resources or prevent other users from receiving the full benefit of our services.
- A breach or violation of any of the Account Terms as determined in the sole discretion of DHS will result in an immediate termination of your services and/or recovery of any associated costs.
General Conditions:
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Spiffy Stores.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an
as is
andas available
basis without any warranty or condition, express, implied or statutory. - DHS does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- DHS does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve;
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- DHS does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- You expressly understand and agree that DHS 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.
- In no event shall DHS 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 this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Technical support is only provided to paying account holders.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DHS.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Spiffy Stores customer, DHS employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the Spiffy Stores service. All material you upload remains yours. You can remove your Spiffy Store at any time by choosing
Cancel my store
from within the Spiffy Stores Toolbox. This will also remove all content you have stored on the Service. - By uploading images and item description content to your Spiffy Stores account, you agree to allow other internet users to view them and you agree to allow Spiffy Stores to display and store them and you agree that DHS can, at any time, review, edit, or remove the content submitted by you to its Service.
- The failure of DHS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DHS and govern your use of the Service, superseding any prior agreements between you and DHS (including, but not limited to, any prior versions of the Terms of Service).
- You retain ownership over all content that you submit to a Spiffy Store however, by making your store public, you agree to allow others to view your content.
- DHS does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
- Questions about the Terms of Service should be sent to
Partner Benefits:
- You will be paid 25% of the base monthly fee for all active Spiffy Stores that you refer to us using your unique referral code.
- The base monthly fee does not include any additional charges for add-ons or additional features, nor does it include any transaction fees that may be charged.
- The base monthly fee is calculated excluding GST, and this amount is paid if you are not registered for GST. If you are registered for GST, then the amount will be increased to include the GST component.
- All payments will occur at the start of the calendar month.
- Payments will be due for each active Spiffy Store only after all outstanding invoices for that store have been paid.
- You will only be eligible for payment as long as you remain an active Spiffy Stores Partner. In order to remain an active Partner, you must have referred an active store within the last 12 months.
- If you are no longer an active Partner, then all payments will cease for stores that you previously referred.
- As long as you remain an active Partner, by having referring a new store which is still active within the last 12 months, then payments for all stores that you have referred will continue.
Cancellation and Termination:
- You may cancel your Partner account at any time by contacting us.
- Without limiting any other remedies, DHS 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 Service.
Modifications to the Service and Prices:
- DHS reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- DHS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.