Spiffy Stores Terms Of Service & User Agreement

By signing up for the Spiffy Stores service (Service) or any of the services of Domain Hosting Shop Pty Ltd (DHS), you are agreeing to be bound by the following terms and conditions (Terms of Service).

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/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:

  1. You must be 18 years or older to use this Service.
  2. 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.
  3. 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.
  4. 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.
  5. You are responsible for all activity and content (data, graphics, photos, links) that are uploaded under your Spiffy Stores account.
  6. You must not transmit any malware, worms or viruses or any code of a potentially destructive nature.
  7. When your Spiffy Store is first set up, it contains a link back to the Spiffy Stores web site. This link should not be removed without prior approval from a Spiffy Stores representative. Without approval, removal of this link is a violation of your Account Terms and will result in immediate termination of your account.
  8. All plans include a disk space allowance, and allow you to create a limited number of SKUs or product variations. If you need to exceed these quota limits, you will need to upgrade to another plan that can accommodate your needs.
  9. You must not undertake any activity which impedes our ability to provide our Service.
  10. 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.
  11. You agree not to undertake acts that waste resources or prevent other users from receiving the full benefit of our services.
  12. 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.

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.
  4. DHS does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  5. DHS does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  6. You understand that your Content (not including credit card information), may be transferred unencrypted and involve;
    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. Technical support is only provided to paying account holders.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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).
  17. 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.
  18. 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.
  19. Questions about the Terms of Service should be sent to support@spiffystores.com.au

14-Day Free Trial:

  1. The 14-day free trial allows you to test the Spiffy Stores service. You may cancel your free trial 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.
  2. If you do not activate, or do not cancel your store, your store will be cancelled at the end of the trial period and you will not be billed.
  3. If you activate your store, you will be sent an invoice on the monthly anniversary of your sign-up date. As well, an invoice will appear on the account page of your Spiffy Store Toolbox, and the card that you provided to activate your store will be billed. If the credit card that you used to activate your store fails, your store will be immediately suspended and will not be re-activated until the invoice is paid.

Payment of Fees:

  1. A valid credit card is required for paying accounts. Free trial accounts are not required to provide a credit card number until the free trial period has expired, in which case a credit card number must be provided to activate your store.
  2. After you have activated your store, you will be sent an invoice via email each month. As well, an invoice will appear on the account page of your Spiffy Store Toolbox. Users have approximately 7 days to bring up and settle any issues with the billing. Your first invoice is due at the end of your free trial period.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Australian federal taxes.
  4. Commission is due on the full amount of all paid orders as at the time the order is created. The commission due is unaffected by susequent refunds or returns or any other alterations to the total of the order which may be made after the order has been created.
  5. As an ongoing loyalty benefit, we offer a reduced transaction fee on some plans. The amount of any benefit is added to your store as a non-refundable credit that is applied to any future invoices that contain a monthly service fee.
  6. Spiffy Stores does not provide refunds.

Cancellation and Termination:

  1. You may cancel your account at any time by choosing Cancel my store from within the Spiffy Stores Toolbox administration area.
  2. All outstanding invoices must be paid and finalized before an account can be cancelled.
  3. There are no refunds for the unused portion of monthly fees or any store credit.
  4. Once your account is cancelled, all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
  5. If you cancel the Service in the middle of the month, you may receive one final invoice if there are outstanding transaction fees from orders placed in your store. This invoice is is due immediately. Once the invoice has been paid you will not be charged again. If you have cancelled during your free trial period, you will not be invoiced.
  6. We reserve the right to modify or terminate the Spiffy Stores service for any reason, without notice at any time.
  7. Fraud: 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:

  1. Prices for users that are already signed up to the service are fixed, and will only be changed with your approval. Our advertised prices and plan features are subject to change without any notice. Such notice may be provided at any time by posting the changes to the Spiffy Stores Site (https://www.spiffystores.com.au) or your Spiffy Store Toolbox via an announcement.
  2. DHS reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. DHS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.