v3.2, January 10, 2017
Welcome to the BlueSnap Site (the “Site”). This Agreement is made between BlueSnap, Inc., a California corporation and its subsidiaries, including BlueSnap EU, Ltd, BlueSnap, Ltd, BlueSnap Payment Services Ltd, BlueSnap Enterprise Canada ULC, and you. These Terms & Conditions (Terms) are applicable as between you and the specific BlueSnap entity designated as the point of contact for customers in your jurisdiction (the location is based on the customer IP address/billing address/shipping address/self-selection/address linked to account, etc. at the moment of online purchase).
The terms BlueSnap, “we,” “us” and “our” refer to BlueSnap, Inc. and its subsidiaries, as applicable. These Terms govern your use of the Site and its contents.
YOU ARE RESPONSIBLE FOR CHECKING THESE TERMS PERIODICALLY FOR ANY CHANGES.
1. Registration and Supply of Information
You may need to register on the Site in order to use certain of the Site functions. If you just want to browse the Site, registration is optional.
During registration, you will be required to provide contact information, consisting of an email address, username and password and other details. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. If you do use your own name on the Site, you consent to it being passed to others by use of certain of the functions of BlueSnap and the Site such as blogs or forums. BlueSnap reserves the right to reject or remove any username or name.
For certain functions, such as the sale or purchase of products and services, you are required to provide your name, address and billing and credit card information. For other functions such as shopper support or merchant support you may be required to give details of your name, address, email, BlueSnap account or product order in order to obtain assistance. In all such cases you are required to provide accurate and complete information.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to inform BlueSnap immediately in writing of any unauthorized use of your account or password, or any other related security breach. You may be held liable for losses incurred by BlueSnap or any other user of the Site due to someone else using your password or customer account.
2. Age of Users
The Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If BlueSnap finds that you do not have the legal authority to bind such corporate entity, in addition to other remedies, you will be personally responsible for the obligations and legal liabilities contained herein, including, but not limited to, any payment obligations. BlueSnap shall not be liable for any loss or claims resulting from BlueSnap’s reliance on any instruction, notice, document or communication reasonably believed by BlueSnap to be genuine and originating from an authorized representative of such corporate entity. If BlueSnap has reasonable doubts of the authority of any instruction notice, document or communication, BlueSnap reserves the right to require additional authentication from you.
3. Additional Terms and Conditions; EULAs, Payment Data & PCI DSS
When you use BlueSnap’s Reseller Services to make a purchase either on our own website or those hosted by third parties using the BlueSnap checkout pages, ownership of your purchase will first be transferred to BlueSnap before your order is delivered to you.
By assuming ownership of the products you purchase using the BlueSnap website, we take primary responsibility for delivery of your purchase and for providing you with customer service and warranty protections connected to these products. We may do this with assistance from the sellers who use our website to facilitate payment of your purchase to the extent permitted by applicable law. As a shopper on our site, Your purchase may be governed as applicable by certain laws of the United Kingdom, such as the Consumer Rights Act 2015 which impose requirements on us as a seller of goods and services as to quality, fitness for purpose, safety, durability and freedom from defects. Further, you may have rights as to your purchase in the UK under the Consumer Contracts Regulations 2013, which in part allow you to (1) cancel an online purchase of goods within 14 days of the purchase and gives you 14 days to return the goods for a refund, provided it is not a download of digital goods provided within this cancellation period unless defective, or to (2) cancel an online service contract within 14 days of purchase for a refund provided that the service has not been provided within this time. Provision of online services and digital downloads may not be provided within the 14 day cancellation period unless specifically requested by you in which case you may lose your right to cancellation.
We will work with You and any third party provider using our Services to resolve any disputes arising from your purchase.
For customer service inquiries, payment questions or disputes, You may contact us by email at email@example.com.
Your purchase of any digital content may also require you to accept one or more End-User License Agreements (or “EULAs”) which contain specific terms set by the supplier. You will be bound by the terms of any EULA applicableto your purchase.
The terms between BlueSnap and third party sellers are governed by separate agreements and are not subject to the Terms on this website.
As required by law in the UK and/or EU, BlueSnap may have responsibility for the value added tax (VAT) on your purchase.
Where shopper’s cardholder payment data is transmitted, processed, or stored through the BlueSnap Payment Services, BlueSnap acknowledges that it shall be responsible for the security of such data in accordance with applicable PCI DSS requirements.
BlueSnap routinely backs up transaction information on its servers in the UK and US and by using BlueSnap Services you agree for relevant transaction information to be stored on such servers and agree to the transfer/export of data from the country or territory from where you are conducting the transaction to our data servers. For further information on this provision please contact us at: firstname.lastname@example.org.
5. Changes to BlueSnap
We may discontinue or change any BlueSnap content, service, function or feature at any time with or without notice.
6. Proper Use of This Site
When you use any of our blogs, forums or other social and communications functions, you agree at all times to comply with all relevant usage requirements. You agree to use BlueSnap for lawful purposes only and may use the Site only in ways consistent with the law.
You may not:
7. Proprietary Rights
BlueSnap reserves all rights under intellectual property law in BlueSnap, the BlueSnap Payment Services, BlueSnap trademarks and proprietary information, and in any content that is on the Site.
Except as BlueSnap may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from BlueSnap or its suppliers on the Site without our express prior written consent.
We may change the Terms at any time and such terms shall come in effect immediately as set out above.
9. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning BlueSnap or this Site electronically, including notice to any email address that you may provide. Any notice shall be deemed received by you upon our posting it to this Site.
10. Content That You Supply
BlueSnap may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, the law, or any applicable posting rules. Content that violates applicable rules may be removed by us.
If you choose to post any content on any blog, forum or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
11. No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
12. Third Party Sites and Sellers/Product Suppliers
BlueSnap may include on its Site links to third party websites. You agree that we are not responsible or liable for any content or claims made on third party websites. BlueSnap is furthermore not responsible for examining, evaluating, nor providing any warranty for the offers made by any of these businesses or individuals on their own websites.
13. Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.
14. Limitation of Liability
YOU MAY NOT ASSERT ANY CLAIMS FOR DAMAGES ARISING FROM THIS SITE OR ITS CONTENTS. TO THE EXTENT PERMITTED BY LAW BLUESNAP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH CLAIM ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT OR OTHER THEORIES OF LIABILITY.
You agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. Choice of Law and Jurisdiction
For customers in the US and regions other than the European Union and Canada, these Terms shall be governed by the laws of the State of California, U.S.A, without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the competent state or federal courts of or in Santa Clara County, State of California, U.S.A. For customers in the European Union, these Terms shall be governed by the laws of England without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the courts of competent jurisdiction in England. For customers in Canada, these Terms shall be governed by the laws of the province of British Columbia Canada without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the courts of competent jurisdiction in the province of British Columbia Canada. To the extent allowed by the governing law, both parties agree to waive any right to jury proceedings.
17. Severability and Integration
This contract and any supplemental agreements, terms, policies, rules and guidelines posted on this Site or signed by you constitute the entire agreement between you and us. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable US law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right to terminate your use of this Site if you violate the Terms or any rules or guidelines posted on the Site or for any other reason in our discretion.
19. Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the DMCA instructions on how to contact us to report possible copyright infringement.
20. Dispute Resolution
In the European Union certain standard statutory rights may apply with respect to resolution of customer and merchant complaints as set out in the BlueSnap information page at https://home.bluesnap.com/ecommerce/legal/dispute-resolution/.
v3.1, June 6, 2016
v3, April 21, 2016