Terms & Conditions
By signing up for the ZoHah service (“Service”) or any of the
services of ZoHah Inc. (“ZoHah”) you are agreeing to be bound by the
following terms and conditions (“Terms of Service”). The Services
offered by ZoHah under the Terms of Service include various products and
services to help you create and manage a retail store, whether an
online store (“Online Services”), a physical retail store (“POS
Services”), or both. 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 current version of the Terms of Service at any time at
http://www.zohah.com . ZoHah reserves the right to update and change the
Terms of Service by posting updates and changes to the ZoHah website.
You are advised to check the Terms of Service from time to time for any
updates or changes that may impact you.
You must read, agree with
and accept all of the terms and conditions contained in this Terms of
Service agreement and ZoHah’s Privacy Policy before you may become a
ZoHah user.
Everyday language summaries are provided for
convenience only and are not legally binding. Please read the “Terms of
Service” for the complete picture of your legal requirements. By using
ZoHah or any ZoHah services, you are agreeing to these terms. Be sure to
occasionally check back for updates.
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a ZoHah account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. ZoHah may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that ZoHah will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. ZoHah cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your ZoHah Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of ZoHah will result in an immediate termination of your services.
Which means
Don’t use ZoHah for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
Subject to section 2.2, the person signing up for the Service will be
the contracting party (“Account 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 Account Owner in connection
with the Service.
If you are signing up for the Service on behalf
of your employer, your employer shall be the Account Owner. If you are
signing up for the Service on behalf of your employer, then you
represent and warrant that you have the authority to bind your employer
to our Terms of Service.
Upon completion of sign up for the
Service, ZoHah will create a PayPal Express Checkout account on your
behalf, using your email address. Depending on your location, ZoHah may
also create a ZoHah Payments account on your behalf.
You
acknowledge that PayPal Express Checkout and/or ZoHah Payments will be
your default payments gateway(s) and that it is your sole responsibility
as the Account Owner to activate and maintain these accounts. If you do
not wish to keep either of the payment accounts active, it is your
responsibility to deactivate them.
Upon purchasing a domain name
through ZoHah, domain registration will be preset to automatically renew
each year so long as your ZoHah Account remains active. You acknowledge
that it is your sole responsibility to deactivate the auto-renewal
function should you choose to do so.
Which means
The
person signing up for the ZoHah Service is responsible for the account
and is bound by these Terms of Service. If you signup on behalf of your
employer, your employer owns the account and is also bound by our Terms
of Service.
We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.
Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
You
must read, agree with and accept all of the terms and conditions
contained in these Terms of Service and the Privacy Policy before you
may become a member of ZoHah.
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance
with the laws of the Province of Ontario and the laws of Canada
applicable therein, without regard to principles of conflicts of laws.
The parties irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts of the Province of Ontario with respect to
any dispute or claim arising out of or in connection with the Terms of
Service. 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
ZoHah may amend these Terms of Service at any time by posting the
relevant amended and restated Terms of Service on ZoHah’s website,
available at https://www.ZoHah.com/legal/terms and such amendments to
the Terms of Service are effective as of the date of posting. Your
continued use of the Services after the amended Terms of Service are
posted to ZoHah’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 ZoHah 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 Canada and the Province of Ontario.
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 ZoHah.
You shall not purchase
search engine or other pay per click keywords (such as Google AdWords),
or domain names that use ZoHah or ZoHah trademarks and/or variations and
misspellings thereof
Questions about the Terms of Service should be sent to support@ZoHah.com.
You understand that your Store Content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit Card information is always encrypted during transfer over
networks.
You acknowledge and agree that your use of the Service,
including information transmitted to or stored by ZoHah, is governed by
its privacy policy at https://www.ZoHah.com/legal/privacy
Which means
The ZoHah service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the Province of Ontario.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. ZoHah Rights
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.
We may, but have no obligation to, remove Store 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.
Verbal or written abuse of
any kind (including threats of abuse or retribution) of any ZoHah
customer, ZoHah employee, member, or officer will result in immediate
Account termination.
ZoHah does not pre-screen Store Content and
it is in our sole discretion to refuse or remove any Store Content that
is available via the Service.
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 ZoHah
employees and contractors may also be ZoHah customers/merchants and that
they may compete with you, although they may not use your confidential
information in doing so.
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 business license, government
issued photo ID, the last four digits of the credit card on file, etc.
ZoHah retains the right to determine, in our sole judgment, rightful
Account ownership and transfer an Account to the rightful owner. If we
are unable to reasonably determine the rightful Account owner, ZoHah
reserves the right to temporarily disable an Account until resolution
has been determined between the disputing parties.
Which means
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a ZoHah account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
You expressly understand and agree that ZoHah 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 ZoHah 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, ZoHah partners, 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 these Terms of Service or the documents it
incorporates by reference, or your violation of any law or the rights of
a third party.
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.
ZoHah does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
ZoHah does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
ZoHah 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.
Which means
We are not responsible if
you break the law, breach this agreement or go against the rights of a
third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The
failure of ZoHah 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 ZoHah and govern your use of the Service, superseding any prior
agreements between you and ZoHah (including, but not limited to, any
prior versions of the Terms of Service).
Which means
If ZoHah chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These
terms of service make up the agreement that applies to you. This means
that any previous agreements between you and ZoHah don't apply if they
conflict with these terms.
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you
provide to the ZoHah service. All material you upload remains yours. You
can remove your ZoHah store at any time by deleting your Account.
By uploading Store Content, you agree: (a) to allow other internet
users to view your Store Content; (b) to allow ZoHah to display and
store your Store Content; and (c) that ZoHah can, at any time, review
all the Store Content submitted by you to its Service.
You retain
ownership over all Store Content that you upload to a ZoHah store;
however, by making your store public, you agree to allow others to view
your Store Content. You are responsible for compliance of Store Content
with any applicable laws or regulations.
We will not disclose
your confidential information to third parties, except as required in
the course of providing our services. Confidential information includes
any materials or information provided by you to us which is not publicly
known. Confidential information does not include information that: (a)
was in the public domain at the time we received it; (b) comes into the
public domain after we received it through no fault of ours; (c) we
received from someone other than you without breach of our or their
confidentiality obligations; or (d) we are required by law to disclose.