Support Credits Extra Support Center

Contact Us
  1. Support
  2. Terms of use

Terms of use

Updated November 25th, 2024

1. Acknowledgement and Acceptance of Terms of Use.

BEFORE YOU USE THE HOSTED SERVICE SUBJECT TO THESE TERMS OF USE ("TERMS"), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN JD ECOMMERCE TRADING AS STORE CREDITS EXTRA. (REFERRED TO AS "OUR", "US", "WE", OR "STORE CREDITS EXTRA") AND YOU ("YOU", "YOUR", "YOURSELF", OR “MERCHANT”) WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SUBSCRIPTION MANAGEMENT AND BILLING SOFTWARE SERVICE (THE "HOSTED SERVICE”, “SERVICE”, OR “SITES”). YOUR USE OF THE HOSTED SERVICE (AS DEFINED BELOW) IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. BY USING THE HOSTED SERVICE IN ANY MANNER (AS APPLICABLE) (I) YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THESE TERMS OF HOSTED SERVICE (TOGETHER WITH ANY ADDITIONAL TERMS ON YOUR SELECTED PLAN, COLLECTIVELY THE "AGREEMENT") TO THE EXCLUSION OF ALL OTHER TERMS, AND (II) YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND YOURSELF OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER. YOUR REMEDY FOR DISSATISFACTION WITH THE STORE CREDITS EXTRA SERVICE IS TO STOP USING THE STORE CREDITS EXTRA SERVICE. YOUR AGREEMENT WITH STORE CREDITS EXTRA REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON YOUR COMPLETION OF THE REGISTRATION PROCESS TO THE HOSTED SERVICE.

ARBITRATION AND WAIVER OF CLASS ACTION NOTICE. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL DISPUTES TO BE RESOLVED BY BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE SEE SECTION 22 (DISPUTE RESOLUTION AND ARBITRATION) AND SECTION 23 (WAIVER OF CLASS ARBITRATION OR ACTIONS) BELOW.

2. Eligibility. By agreeing to these Terms, You represent and warrant to us that if You are an individual: (a) You are at least 18 years old; (b) You are not currently and have not previously been suspended or otherwise removed from the Service; and (c) Your registration and Your use of the Service is and will remain in compliance with any and all applicable laws and regulations at all times. If You are an entity, organization, or company, the individual accepting these Terms on Your behalf represents and warrants that they have authority to agree and bind You to these Terms.

3. Definitions.

3.1 "Customer Data" means all electronic data or information submitted by the Merchant, or its Customers or Affiliates to, and stored by, the Hosted Service.

3.2 "Documentation" means the reference, administrative and user manuals which are published by STORE CREDITS EXTRA and provided by STORE CREDITS EXTRA to Merchant with the Hosted Service, which may be updated from time-to-time, but excluding any sales or marketing materials.

3.3 "Electronic Communications" means any transfer of signs, signals, text, images, sounds, data or intelligence of any nature transmitted in whole or part electronically received and/or transmitted through the Hosted Service.

3.4 "Initial Term" means the first month, excluding any renewal terms.

3.5 "Registration Process" means the process in which Subscriber creates an account by installing STORE CREDITS EXTRA via Shopify's app installation process.

3.6 "Plan" means the collection of Hosted Services chosen at an agreed upon price through the Registration Process.

3.7 "Term" means the Initial Term of one month and any renewal terms.

3.8 "3rd Party Applications" means online, Web-based applications or services and offline software products that are provided by 3rd parties, and interoperate with the Hosted Service.

3.9 “Monthly Fees” means the set fee that the Merchant agreed to pay each month by completing the Registration Process. The Monthly Fee is charged each month regardless of the number of transactions made by the Merchant.

4. General Terms of Access to the Hosted Service.

4.1 STORE CREDITS EXTRA Service Overview. STORE CREDITS EXTRA provides You, as a store merchant, with certain hosted software to manage store credit top-up payments and related services. You are solely responsible for all of the terms and conditions of the transactions conducted with Your customers, including, without limitation, terms regarding payment, subscriptions, returns, warranties, shipping, handling, transportation, storage, insurance, fees, applicable taxes, text messaging (if applicable), title and licenses, all of which must be in accordance with applicable law.

4.2 Limited License. Subject to the terms of this Agreement and payment of the applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (as defined in Section 3.7 - Term) to use the Hosted Service subject to the terms, conditions and restrictions set forth in these Terms and any other restrictions stipulated to you in the Agreement or by us in writing. Except and solely to the extent such a restriction is impermissible under applicable law, You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service, except as expressly permitted or directed by STORE CREDITS EXTRA; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. For the avoidance of doubt, if You are prohibited under applicable law from using the Service, You may not use it.

4.3 Commencement of Term and Registration. The Term of this Agreement shall commence as of the date you first register for, access or use the Hosted Service, and shall continue until terminated as set forth in Section 14 - Termination With or Without Cause, Expiration. When You register for an account, You will be required to provide us with information about Yourself, such as Your name, email address, store URL, or other contact information. You agree that the information You provide to us is accurate, current, and complete and that You will keep it accurate, current, and complete at all times. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password, and You accept responsibility for all activities that occur under Your account. If You believe that Your account is no longer secure, then You must immediately contact us.

4.4 Merchant Must Have Internet Access. DSL, cable or another high-speed Internet connection is required for proper transmission of the Hosted Service. You are responsible for procuring and maintaining the network connections and all software and equipment that may be necessary to connect your network to the Hosted Service, including, but not limited to, "browser" software that supports protocols utilized by the Hosted Service. STORE CREDITS EXTRA assumes no responsibility for the reliability or performance of any computer networks, connections, or systems not owned or operated by STORE CREDITS EXTRA.

4.5 Accuracy of Merchant's Contact Information. You shall provide STORE CREDITS EXTRA with accurate, current and complete information on your legal business name, address, email address, and phone number, and, throughout your subscription, you shall maintain and promptly update this information if it should change. The Merchant shall provide verification of the information provided, both initially and with any update to that information. The Merchant’s failure to provide accurate and updated contact information and to verify that information may result in a freeze placed on the Merchant’s account by STORE CREDITS EXTRA. In the event that STORE CREDITS EXTRA must impose a freeze on the Merchant’s account under the circumstances stated in this provision, STORE CREDITS EXTRA shall not be held liable for any resulting damages to the Merchant or any of its Customers resulting from the Merchant’s account being frozen. 

4.6 Merchants: Passwords, Access, and Notifications. Your login information may be reassigned between employees of the Merchant as needed. The Merchant shall use commercially reasonable efforts to prevent unauthorized access to or use of the Hosted Service and any loss, theft, or unauthorized use of any Merchant password or name and/or the Hosted Service account numbers. STORE CREDITS EXTRA is not liable for any harm caused by or related to the theft of Your IDs, Your disclosure of your IDs, or your authorization to allow another person to access and use the Hosted Service using your IDs. Also, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Hosted Service. You agree to immediately notify STORE CREDITS EXTRA of any unauthorized use of your account or any breach of security known to You. You acknowledge that the complete privacy of your data and messages transmitted while using the Hosted Service cannot be guaranteed. 

4.7 Use of the Hosted Service. The Merchant is responsible for all activities conducted by its employees, its employees’ Electronic Communications and for its employees' compliance with this Agreement.

4.8 Security. STORE CREDITS EXTRA shall maintain commercially reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of Customer Data. Our collection of information from you and/or any Customer, if any, is subject to our Privacy Policy, which is incorporated herein and available at https://supportcreditsextra.helpsite.com/articles/128802-privacy-policy. You understand that through your use of the Hosted Service, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

4.9 Agreement to Pay Fees. You agree to pay for the Hosted Service in accordance with our service fees, as further set forth below in Section 8 - Payment Terms; Taxes, and your Plan.

4.10 Billing Data Retention. Following any termination or expiration of this Agreement or your STORE CREDITS EXTRA account, STORE CREDITS EXTRA will retain a copy of your billing data for a period of thirty (30) days. You acknowledge and agree that (i) you are solely responsible for exporting a copy of your billing data prior to any such termination or expiration and (ii) if you require access to such data following any such termination or expiration, you may be required to pay professional service fees to STORE CREDITS EXTRA to retrieve such data.

5. Confidentiality.

5.1 Confidential Information. For purposes of this Agreement, "Confidential Information" shall include Customer Data, each party's proprietary technology, business processes and technical product information, designs, issues, all communication between the parties regarding the Hosted Service and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which:

(1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the Receiving Party; (4) the Receiving Party becomes aware of from a 3rd party not bound by nondisclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party; (5) is independently developed by the Receiving Party without use of, or reference to, the Disclosing Party's Confidential Information; or (6) is aggregate data regarding use of STORE CREDITS EXTRA's products and services that does not contain any personally identifiable, Merchant-specific or Customer-specific information.

5.2 Non-Disclosure Obligations. Each party agrees: (a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement or as directed by the Disclosing Party; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a degree of care in the protection of such Confidential Information) and (d) to make Confidential Information available to authorized persons only on a "need-to-know" basis. Either party may disclose Confidential Information on a "need-to-know" basis to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority or a regulation.

6. Ownership of Business. As between STORE CREDITS EXTRA and You, all title and intellectual property rights in and to the Customer Data is owned exclusively by You, provided that in the event STORE CREDITS EXTRA aggregates and/or anonymizes Customer Data resulting from the Merchant's or Customers’ use of the Hosted Service and aggregates such Customer Data with that of other Merchants and Customers in a way that does not reveal the Merchant's or Customer’s identity or personally identifiable information, STORE CREDITS EXTRA may use such aggregated and/or anonymized Customer Data in the manner and for such purposes as are set forth in STORE CREDITS EXTRA's Privacy Policy.

8. Payment Terms; Taxes.

8.1 Payment Terms. If you subscribe to the Hosted Service, for all charges associated with the Hosted Service, STORE CREDITS EXTRA or the relevant e-commerce platform hosting Your store(s) will bill the credit card or bank account that you provided for such purpose. You agree to provide STORE CREDITS EXTRA with accurate and complete billing information, including valid credit card or bank account information, your name, address and telephone number, and to provide us with any changes in such information within 30 days of said change taking effect. Monthly charges for the Hosted Service will be at the rates set forth by Hosted Service type and agreed upon by you in the Registration Process when you select your preferred Plan. Prices established in the Agreement, and in any schedule, exhibit or related agreement hereto, are exclusive of taxes and other fees which may be imposed on STORE CREDITS EXTRA or you for the provision or use of the Hosted Service. You agree that until your subscription to the Hosted Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Hosted Service.

8.2 Credit Card Company/Banking Institution Refusal to Pay. If, for any reason, your credit card company or banking institution refuses to pay the amount billed for the Hosted Service, you agree that we may, at our option, suspend or terminate your subscription to the Hosted Service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

8.3 Liability for Cost of Collection. In the event legal action is necessary to collect on balances due, you agree to reimburse STORE CREDITS EXTRA for all expenses incurred to recover sums due, including, but not limited to, attorney fees and other legal expenses.

8.4 Liability for Fraudulent Actions. STORE CREDITS EXTRA is not liable for any losses relating to fraudulent charges by you or your Customers that are deceptive or fraudulent ("Fraudulent Actions"). By using the Hosted Service, you hereby release STORE CREDITS EXTRA from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify STORE CREDITS EXTRA of any Fraudulent Actions which may affect the Hosted Service. STORE CREDITS EXTRA reserves the right, in its sole discretion, to terminate your account if you engage in, or permit any of the Merchant’s Customers to engage in, Fraudulent Actions.

8.5 Liability for Chargebacks Not Resulting from Fraudulent Actions. STORE CREDITS EXTRA is not liable for any losses relating to chargebacks or otherwise invalid transactions. By using the Hosted Service, you hereby release STORE CREDITS EXTRA from any liability arising from chargebacks or otherwise invalid transactions. You will also use best efforts to promptly notify STORE CREDITS EXTRA of any chargebacks or otherwise invalid transactions which may affect the Hosted Service. 

8.6 Taxes. All fees payable under the applicable Plan are exclusive of and do not include taxes or duties of any kind. You will be responsible for, and will promptly pay, all taxes and duties of any kind, including, but not limited to, any applicable sales tax, use tax, and value added taxes (VAT) or other similar taxes, if any, associated with this Agreement or your receipt or use of the Hosted Service, excluding taxes based on STORE CREDITS EXTRA's gross or net income. If the Merchant is a tax-exempt organization and is not obligated to pay taxes arising out of this Agreement, the Merchant will provide STORE CREDITS EXTRA with any required documentation to verify its tax-exempt status with the applicable taxing authorities.

9. Hosted Service Use and Limitations.

9.1 Continuation of Hosted Service. We will make reasonable efforts to keep the Hosted Service operational 24 hours a day for 7 days a week, except for planned downtime (of which we will use reasonable efforts to provide at least 72 hours prior notice).

9.2 Access to Funds Collected from store credit top-ups. STORE CREDITS EXTRA is a subscription management and billing software service. You acknowledge and agree that: (i) We are not a bank or other chartered depository institution; and (ii) we will not be holding any monies for you or your customers. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit card or payment transaction and we are not responsible for retaining or handling any funds in relation to credit card or payment transactions to satisfy an obligation to a 3rd party that you have assigned those rights to.

9.3 Affirmation of Legal Use of the Hosted Service. You represent, warrant and agree that you will only use the Hosted Service in compliance with all applicable laws and regulations, and that you will not use the Hosted Service to violate, infringe or misappropriate any intellectual property or other proprietary right of any 3rd party (including, without limitation, any rights of privacy or publicity).

10. 3rd Party Products & Services. The Hosted Service may provide you with access to, be integrated with, or contain links or references to, products, services, data, information, sites or other materials which are provided or operated by 3rd parties (collectively, "3rd Party Products or Services"). 3rd Party Products or Services are not under STORE CREDITS EXTRA's control, and you acknowledge that STORE CREDITS EXTRA is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such 3rd Party Products or Services. You shall comply with all 3rd party terms, and shall indemnify and hold STORE CREDITS EXTRA harmless from all damages, costs, settlements, attorneys' fees and expenses arising from or related to your breach of any 3rd party terms. Any provision by STORE CREDITS EXTRA of 3rd Party Products or Services, and any exchange of data between you and any 3rd party provider of 3rd Party Products or Services, is solely between you and the applicable 3rd party provider. If you install or enable 3rd Party Products or Services for use with the Hosted Service, you agree that STORE CREDITS EXTRA may allow such 3rd Party Products or Services to access Customer Data as required for the interoperation of such 3rd Party Products or Services with the Hosted Service, and any exchange of data or other interaction between you and a 3rd party provider is between you and such 3rd party provider. The continued availability of the 3rd Party Products or Services is subject to the continued effectiveness and terms of the contract between STORE CREDITS EXTRA and the 3rd party provider.

11. Disclaimer of Warranties.

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE HOSTED SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STORE CREDITS EXTRA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.2 STORE CREDITS EXTRA MAKES NO WARRANTY THAT (I) THE HOSTED SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE HOSTED SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THAT ANY DEFECTS IN THE HOSTED SERVICE WILL BE CORRECTED, OR (IV) THAT THE HOSTED SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE HOSTED SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.3 YOU UNDERSTAND THAT IN USING THE HOSTED SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH 3rd PARTY INFRASTRUCTURES WHICH ARE NOT UNDER STORE CREDITS EXTRA'S CONTROL (SUCH AS A 3rd PARTY'S SERVERS). STORE CREDITS EXTRA MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH 3rd PARTY INFRASTRUCTURES.

11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOSTED SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STORE CREDITS EXTRA OR THROUGH OR FROM THE HOSTED SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

12. Limitation of Liability.

12.1 Your exclusive remedy and our entire liability, if any, for any claims arising out of the Agreement and your use of the Hosted Service shall be limited to the amount you paid us in Monthly Fees for the Hosted Service during the ONE-MONTH PERIOD prior to the act giving rise to the liability. Under no circumstances will our liability be greater than the Monthly Fees associated with that SINGLE MONTH. TRANSACTION FEES ARE NONREFUNDABLE UNDER ANY OTHER CIRCUMSTANCES.

12.2 EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR (I) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.4 You and STORE CREDITS EXTRA both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Hosted Service, Agreement or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

13. Modification and/or Amendment and Suspension of Hosted Service.

13.1 Modification/Amendment of Hosted Service. We reserve the right to either modify or amend the Hosted Service, including any features therein, at any time WITHOUT NOTICE to you. We shall not be liable to you or any 3rd party should we exercise such rights. If you don't agree with the modified and/or amended Agreement, you have the right to reject it; however, such a rejection shall constitute an immediate termination of the Agreement as well as your right to continued use of the Hosted Service. If you use the Hosted Service in any way subsequent to a modification and/or amendment to this Agreement having become effective, such use constitutes your agreement to all modifications and/or amendments. Except for modifications or amendments to this Agreement made by STORE CREDITS EXTRA in accordance with this Section, no other modification or amendment of this Agreement shall be effective unless in writing and signed by both you and STORE CREDITS EXTRA.

13.2 Suspension of Hosted Service. STORE CREDITS EXTRA may suspend all or any part of the Hosted Service at any time, with or without reason, including, without limitation, for failure to make a timely payment for the Hosted Service in accordance with this Agreement. You acknowledge that the operation of the Hosted Service may encounter technical or other problems on occasion and may not necessarily continue uninterrupted or without technical or other errors. STORE CREDITS EXTRA shall not be liable to you or others for any such interruptions, errors or problems or an outright discontinuance of the Hosted Service. STORE CREDITS EXTRA has no obligation to continue producing or releasing new versions of the Hosted Service. You agree to use the Hosted Service only through your website or software application that you own and control (the "Site") and we reserve approval authority as to the implementation and use of the Hosted Service on the Site. We may suspend or rate limit the Hosted Service in the event we find any implementation issues with the Site. Such suspension or limitation shall remain in effect until you correct any issues specified by STORE CREDITS EXTRA and a suspension or rate limitation shall not relieve you of your payment obligations under the Agreement.

14. Termination With or Without Cause, Expiration. STORE CREDITS EXTRA may terminate this Agreement at any time, in whole or in part, for any reason (including, without limitation, for your breach of this Agreement, violation of applicable law, violation of card association rules or regulations, or the threatening or filing of a lawsuit against STORE CREDITS EXTRA) upon notice to the Merchant. The Merchant may terminate this Agreement at any time, in whole or in part, for any reason, UPON NOTICE TO STORE CREDITS EXTRA. Upon any termination of this Agreement, any amounts owed to STORE CREDITS EXTRA which accrued prior to such termination will become immediately due and payable, and, in the case of ANNUAL CONTRACTS BILLED MONTHLY, any early termination fee equal to three (3) times the monthly fee specified in the applicable Plan. In addition, either party may immediately terminate this Agreement issued hereunder in the event the other party commits a material breach of any provision of this Agreement and that breach is not cured within thirty (30) days of written notice from the non-breaching party. Such notice by the complaining party shall expressly state all of the reasons for the claimed material breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach and shall be sent to STORE CREDITS EXTRA ℅ JD Ecommerce. at Bayside Business Centre, Unit 1 Sovereign Business Park, Poole, Dorset, BH15 3TB, UNITED KINGDOM (or such other address that may be provided pursuant to this Agreement) ("Notice"). Upon termination or expiration of this Agreement for any reason, the Merchant shall have no rights to continue use of the Hosted Service. If this Agreement is terminated as a result of the Merchant's material breach of this Agreement, STORE CREDITS EXTRA shall be entitled to all of the Fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of STORE CREDITS EXTRA's material breach of this Agreement, then the Merchant shall be entitled to a refund of the pro rata portion of any prepaid subscription fees paid by the Merchant to STORE CREDITS EXTRA under this Agreement for the remaining terminated portion of the Term.

15. Merchant and Customer Responsibilities. The Merchant and its Customers will comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Hosted Service, including, without limitation, those related to privacy, electronic communications and anti-spam legislation. The Merchant and its Customers will not:

(a) Sell, lease, license or sublicense the Hosted Service; (b) introduce into or transmit through the Hosted Service any virus, worm, trap door, back door, and other harmful or malicious code, files, scripts, agents, or programs; (c) transmit or store infringing material in the Hosted Service; (d) send any Electronic Communication from the Hosted Service that is unlawful, harassing, libelous, defamatory or threatening. Except as permitted by this Agreement, no part of the Hosted Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. The Merchant agrees not to access the Hosted Service by any means other than through the interfaces that are provided by STORE CREDITS EXTRA. The Merchant shall not do any "mirroring" or "framing" of any part of the Hosted Service, or create Internet links to the Hosted Service which include log-in information, user names, passwords, and/or secure cookies.

As part of the buying and selling process on the Hosted Service, the Merchant will obtain the email address and/or shipping address of its Customers. By entering into our Agreement, the Merchant agrees that, with respect to Customers' Confidential Information that the Merchant obtains through the Hosted Service or through a Hosted Service-related communication or Hosted Service-facilitated transaction, STORE CREDITS EXTRA hereby grants to the Merchant a license to use such information only for Hosted Service-related communications that are not unsolicited commercial messages. STORE CREDITS EXTRA does not tolerate spam. Therefore, without limiting the foregoing, the Merchant is not licensed to add the name of a Customer to the Merchant’s mailing list (email or physical mail) without that Customer's express consent.

16. Transmission of Data. The Hosted Service allows the Merchant to send Electronic Communications directly to STORE CREDITS EXTRA and to 3rd parties. The Merchant understands that the technical processing and transmission of the Merchant's Electronic Communications is fundamentally necessary to use of the Hosted Service. The Merchant expressly consents to STORE CREDITS EXTRA's receipt and storage of Electronic Communications and/or Customer Data, and the Merchant acknowledges and understands that the Merchant's Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by STORE CREDITS EXTRA. The Merchant further acknowledges and understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. STORE CREDITS EXTRA uses encryption in various locations and methodologies within the Hosted Service and the infrastructure working behind it. Customer Data is encrypted while in transit to and from the Hosted Service; however, STORE CREDITS EXTRA is not responsible for any Electronic Communications and/or Customer Data which are delayed, lost, altered, intercepted or stored during the transmission of any data across networks not owned and/or operated by STORE CREDITS EXTRA, including, but not limited to, the Internet and the Merchant's local network.

17. Implementation. Implementation and training services ordered by the Merchant, as set forth in the applicable Plan, will be performed in accordance with STORE CREDITS EXTRA's customary practices for the level of services purchased. STORE CREDITS EXTRA does not provide dedicated project management for the Merchant during implementation unless separately purchased. Implementation is performed remotely unless otherwise specified. You agree that STORE CREDITS EXTRA does not require express permission to access your account for the purpose of implementation. Typically, STORE CREDITS EXTRA's support team will ask to access your account; however, by entering into this Agreement, STORE CREDITS EXTRA is not legally required to do so and may access your account at any time in order to facilitate implementation. STORE CREDITS EXTRA is not responsible, and will not be liable, for the Merchant's configuration decisions or the Hosted Service's ability to allow the Merchant to comply with all laws and regulations in the Merchant's unique circumstances, nor for any delays in implementation caused by the Merchant, including, but not limited to, the Merchant’s delays in providing clean and validated data, if needed, or the Merchant delays in making necessary business decisions with respect to the configuration of the Hosted Service.

18. Intellectual Property Rights.

18.1 STORE CREDITS EXTRA's and 3rd Party Providers' Intellectual Property. You agree that all rights, title and interest in and to all intellectual property rights in the Hosted Service and Documentation (including all updates, enhancements and derivative works thereof and thereto) are owned exclusively by STORE CREDITS EXTRA or its licensors. Except as provided in this Agreement, the time-limited access license, in the nature of a store credits, granted to you does not convey any rights in the Hosted Service, express or implied, or ownership in the Hosted Service or any intellectual property rights thereto. As between the parties, STORE CREDITS EXTRA owns all intellectual property and other proprietary rights to the Hosted Service, including, but not limited to, the design, artwork, logos, functionality, and documentation relating thereto (collectively, the "STORE CREDITS EXTRA Property"). In addition, STORE CREDITS EXTRA shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Hosted Service any suggestions, enhancement requests, recommendations, or other feedback provided by you, including Customers, relating to the operation of the Hosted Service. Any rights not expressly granted herein are reserved by STORE CREDITS EXTRA. STORE CREDITS EXTRA service marks and trademarks, logos and product and service names are marks of STORE CREDITS EXTRA (the "STORE CREDITS EXTRA Marks"). You agree not to display or use the STORE CREDITS EXTRA Marks in any manner without STORE CREDITS EXTRA's express prior written permission. The trademarks, logos and service marks of 3rd Party Application providers ("Marks") are the property of such 3rd parties. You are not permitted to use these Marks without prior written consent of such 3rd party who may own the Marks.

18.2 STORE CREDITS EXTRA Marketing and Merchant's Intellectual Property Rights. By completing the Registration Process to use the Hosted Service, the Merchant agrees that STORE CREDITS EXTRA has the right to use the Merchant's name, trademarks, logos and service marks for any marketing purposes, including, but not limited to, informing the general public of the Merchant's use of the Hosted Service.

18.3 Copyright Infringement. STORE CREDITS EXTRA respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Merchants who repeatedly infringe others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to STORE CREDITS EXTRA's copyright agent:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed;

  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. § 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Hosted Service of repeat infringers of copyright or of Merchants about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Jamie Derrick
JD Ecommerce
Bayside Business Centre, Unit 1 Sovereign Business Park, Poole, Dorset, BH15 3TB, UNITED KINGDOM
support@jdecommerce.com

17.4 Termination for Copyright Infringement. You acknowledge and agree that, upon receipt of a notice of a claim of copyright infringement, we may immediately cancel your STORE CREDITS EXTRA account without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

19. Indemnification.

19.1 Customer's Indemnity. You agree, at your own expense, to indemnify, defend and hold harmless STORE CREDITS EXTRA, its licensors and their respective directors, officers, employees and agents from and against all demands, liabilities, losses, claims and expenses, including, but not limited to, attorneys' fees and disbursements, arising out of (i) your or any authorized or unauthorized 3rd party's use of the Hosted Service, (ii) 3rd party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the Hosted Service, (iii) any fraud or manipulation, or other breach of this Agreement by you, (iv) 3rd party claims, actions or allegations brought against STORE CREDITS EXTRA arising out of your use of the Hosted Service, or (v) for any claim whatsoever resulting from you or your affiliates', employees', contractors' or agents' breach of the Children's Online Privacy Protection Act (COPPA) or the Health Insurance Portability and Accountability Act (HIPAA) or any other state or federal medical privacy or electronic privacy laws. STORE CREDITS EXTRA reserves the right, at its own expense and in its sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

19.2 Indemnification Procedures and Survival. Indemnification Procedures and Survival. In the event of a potential indemnity obligation under this Section, the indemnified party shall: (i) promptly notify the indemnifying party in writing of such Claim; (ii) allow the indemnifying party to have sole control of its defense and settlement; and (iii) upon request of the indemnifying party, cooperate in all reasonable respects, at the indemnifying party's cost and expense, with the indemnifying party in the investigation, trial, and defense of such Claim and any appeal arising therefrom. The indemnification obligations under this Section are expressly conditioned upon the indemnified party's compliance with this Section. The indemnification obligations contained in this Section shall survive termination of this Agreement for the later of the conclusion of a Claim or one year.

20. Suspension; Discontinuation of Hosted Service.

20.1 Suspension for Delinquent Account. STORE CREDITS EXTRA reserves the right to suspend your, and any of your affiliates', access to and/or use of the Hosted Service for any accounts for which payment is due but unpaid without notice. You agree that STORE CREDITS EXTRA shall not be liable to you or to any of your affiliates or other 3rd party for any suspension of the Hosted Service pursuant to this section.

20.2 Suspension for Ongoing Harm. You agree that STORE CREDITS EXTRA may suspend access to the Hosted Service at any time and WITHOUT NOTICE if STORE CREDITS EXTRA reasonably concludes that your use of the Hosted Service: (i) is being used to engage in denial of service attacks, spamming, or illegal activity; or (ii) is causing immediate, material and ongoing harm to STORE CREDITS EXTRA or others. In the extraordinary event that STORE CREDITS EXTRA suspends your access to the Hosted Service, STORE CREDITS EXTRA will use commercially reasonable efforts to resolve the issues causing the suspension of Hosted Service. You further agree that STORE CREDITS EXTRA will not be liable to you or any 3rd party for any suspension of the Hosted Service under such circumstances as described in this Section.

21. STORE CREDITS EXTRA reserves the right, IN IT'S SOLE DISCRETION, to tender a refund to the Merchant. STORE CREDITS EXTRA will not be obligated to provide a refund under any circumstances. Furthermore, under no circumstances will any refund amount provided by STORE CREDITS EXTRA be in excess of the amount of a SINGLE MONTHLY FEE for the month for which the refund is tendered. STORE CREDITS EXTRA does not provide refunds on annual fees that are paid in its entirety at the beginning of the Term as the aforesaid fees are discounted from the original fee.  

22. Law and Jurisdiction. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

23. Waiver of Class Arbitration or Actions. Any claims that You or STORE CREDITS EXTRA assert under these Terms will be brought on an individual basis only and not on a class, consolidated, representative or collective basis. Only individual relief is available for controversies and claims arising out of or relating to these Terms, or any breach thereof, and You and STORE CREDITS EXTRA agree that class arbitrations and class actions are not permitted under any circumstances. You understand that, by agreeing to these Terms, You and STORE CREDITS EXTRA are waiving the right to participate in any form of class arbitration and/or class action.

24. International Use. Although the Hosted Service may be accessible worldwide, STORE CREDITS EXTRA makes no representation that materials on the Hosted Service are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to use the Hosted Service from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service and/or information made in connection with the Hosted Service is void where prohibited.

26. General Provisions.

26.1 Notices. All notices to a party shall be in writing and shall be made either via email, conventional mail or by posting the notice on the Hosted Service. Notices to us must be sent to support@jdecommerce.com, if by email, or to JD Ecommerce Bayside Business Centre, Unit 1 Sovereign Business Park, Poole, Dorset, BH15 3TB, UNITED KINGDOM, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Hosted Service to inform you of any changes to the Hosted Service or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email. Either party may update its address or email address for notice purposes via a notice delivered in accordance with this paragraph.

26.2 Costs and Attorney's Fees. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees.

26.3 Limitation. Any cause of action brought by you against us must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

26.4 Severability. If any part of these Terms is held invalid or unenforceable, the parties agree that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

26.5 Headings. The headings in this Agreement are for your convenience of reference only and have no legal effect.

26.6 No 3rd Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of you and STORE CREDITS EXTRA, and is not intended to benefit any 3rd party. Only the parties to this Agreement may enforce it.

26.7 Assignment. You may not assign, transfer, or delegate any rights and obligations under this Agreement to any other party without the prior written consent of an authorized representative of STORE CREDITS EXTRA, except you may assign or transfer all or any portion of your rights or responsibilities under this Agreement by operation of law or otherwise to any other party in connection with a merger, acquisition, reorganization, or a sale of substantially all of your assets without prior notice to STORE CREDITS EXTRA. Any assignment in violation of this Agreement shall be void and of no force and effect. STORE CREDITS EXTRA may freely assign its rights and obligations under these Terms. All the terms and provisions of this Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.

26.8 Subcontracting. STORE CREDITS EXTRA may subcontract its obligations hereunder (provided that STORE CREDITS EXTRA shall at all times remain fully responsible for the performance of any subcontractor).

26.9 Relationship. Each party hereto is an independent contractor, and neither party is, nor will claim to be, a legal representative, partner, franchisee, agent or employee of the other. This Agreement sets forth the parties' entire liability and exclusive remedies relating to this Agreement and the Hosted Service provided to you under this Agreement.

26.10 Force Majeure. In addition to any excuse provided by applicable law, both parties shall be excused from liability for failure or delay in performance of any of its obligations under this Agreement (except for the payment of amounts due hereunder) to the extent that such failure or delay is caused by circumstances beyond its reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, riot, flood, accident, adverse weather, natural disaster, governmental act or regulation, internet or telecommunication failures, terrorist acts, or other causes or events beyond such party's reasonable control, whether or not similar to those enumerated above, provided that the nonperforming party gives notice of such condition and continues or resumes its performance of such affected obligation to the maximum extent and as soon as reasonably possible

26.11 Assent to Agreement. The Merchant's completion of the Registration Process shall constitute assent to the provisions of the Terms and any additional terms provided in the specific Plan that the Merchant selects during the Registration Process.

26.12 Entire Agreement. This Agreement (including the Privacy Policy and your selected Plan) constitutes the entire agreement and understanding between you and STORE CREDITS EXTRA concerning the subject matter hereof and supersedes any and all previous agreements and understandings of the parties with respect thereto, whether written or oral, between you and STORE CREDITS EXTRA, including previous versions of this Agreement. These Terms may be modified or amended by us as set forth above in Section 13.1 - Modification/Amendment of Hosted Service. These Terms may NOT be modified or amended by you by the use of any other document(s). Any attempt by you to alter or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by a STORE CREDITS EXTRA authorized representative. To the extent that anything in, or associated with, the Hosted Service is in conflict or inconsistent with these Terms, these Terms shall take precedence.

26.13 The Applicable Terms. If STORE CREDITS EXTRA makes a material change to any applicable contract terms contained in a URL, STORE CREDITS EXTRA will notify you by either sending an email to the notification email address, sending conventional mail to the physical address that you provided us with or by posting a notice on the Hosted Service. If the change has a material adverse impact on you and you do not agree to the change, you must so notify. If you notify STORE CREDITS EXTRA as required, then your subscription to the Hosted Service will be terminated immediately upon receipt of the notice from you.

26.14 No Waiver of Rights or Provisions. Any failure of STORE CREDITS EXTRA to enforce or exercise any provision of the Agreement shall not constitute a waiver of that right or provision.

Last updated on November 25th, 2024