- 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 BeonCo account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BeonCo may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that BeonCo will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. BeonCo 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 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, including the AUP, as determined in the sole discretion of BeonCo will result in an immediate termination of your services.
- Technical support is only provided to paying Account holders and is only available via email.
- You acknowledge and agree that BeonCo may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BeonCo’s website, 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 BeonCo’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 BeonCo 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), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service.
- 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 BeonCo.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BeonCo or BeonCo trademarks and/or variations and misspellings thereof.
- You understand that your Materials (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.
- 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 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 our Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any BeonCo customer, BeonCo employee, member, or officer will result in immediate Account termination.
- BeonCo does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from 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 BeonCo employees and contractors may also be BeonCo 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.
- BenCo 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, BeonCo reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that BeonCo 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 BeonCo 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, BeonCo 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 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.
- BeonCo does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- BeonCo does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- BeonCo does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the BeonCo service. All Materials you upload remains yours. You can remove your BeonCo 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 BeonCo to store, and in the case of Materials you post publicly, display, your Materials; and (c) that BeonCo can, at any time, review all the Materials submitted to its Service, although BeonCo is not obligated to do so.
- You retain ownership over all Materials that you upload to a BeonCo 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.
- 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.
- BeonCo 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.
- You may modify the Theme to suit your store. BeonCo may add or modify the footer that refers to BeonCo at its discretion. BeonCo may modify the Theme where it contains, in our sole discretion, an element that violates the Terms of Service, even if you received the Theme in that condition. BeonCo may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and BeonCo may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer, and BeonCo accepts no responsibility to provide such support.
- It is the responsibility of the user, and not BeonCo, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. BeonCo will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and BeonCo will continue to charge the Authorized Card (or any replacement card) 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 U.S. dollars, and all payments shall be in U.S. currency.
- If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 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. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, BeonCo reserves the right to terminate your Account.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of BeonCo’s products and services. These Taxes are based on the rates applicable to 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 Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to BeonCo of your exemption. If you are not charged Taxes by BeonCo, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
- You must maintain your current location in the administration menu of your BeonCo store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
- BeonCo does not provide refunds.
Cancellation and Termination
You may cancel your Account at anytime by contacting BeonCo and then following the specific instructions indicated to you in BeonCo’s response.
Upon termination of the Services by either party for any reason:
- BeonCo 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 BeonCo 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 BeonCo, upon cancellation your domain will no longer be automatically renewed. Following cancellation, 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 BeonCo Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, BeonCo 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 Site.
Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from BeonCo. Such notice may be provided at any time by posting the changes to the BeonCo Site (beonco.com/my) or the administration menu of your BeonCo store via an announcement.
- BeonCo reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- BeonCo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Privacy & Data Protection