Wishflip Terms and Conditions
v1.0 Updated April 2020
Welcome abroad the Wishflip Rapid Cloud Builder, thank you for choosing our trusted service and or product to develop your website or ecommerce storefront.
Beneath we have recorded significant legitimate terms that apply to any individual who visits our website or uses our services. These terms are fundamental so as to protect both parties, you and us, and to make our platform more efficient for everybody to use. Wishflip offers a wide scope of features and highlights and part of the terms beneath may not be pertinent to the particular features you use.
We do understand that legal agreements or terms and conditions can be extensive for an individual to read, we therefore have tried to make the experience concise and simple for your comprehension. If you have any suggestions on how we can improve them, you are more than welcome to contact us.
Our platform offers our users the ability to efficiently create business websites or personal blogs and ecommerce stores, to manage and promote businesses, without being a web developer. As detailed below, we offer our users a wide array of tools and features for creating websites, online e-commerce platforms, newsletters, galleries, media players, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“Website(s)”).
- By signing up for a Wishflip Account you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
- As described in these Terms of Service, “we”, “us” and “Wishflip” means the applicable Wishflip Contracting Parties.
- Wishflip offers a wide array of “services” to users via various integrated add-ons and or plugins developed by Wishflip and or third party developers. Herein after in these terms and conditions referred to as “services”.
- Wishflip reserves the right to update and or change the Terms of Service by posting updates and changes to the Wishflip website and or any one of Wishflip.com subdomain names. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services.
- You must read, agree with and accept all of the terms and conditions referenced in these Terms of Service, before you may sign up for a Wishflip Account. By signing up you confirm your acceptance of the terms and conditions agreed upon herein after.
1. Account Terms
- To access and use the Services, you must register for a Wishflip account (“Account”) by providing a valid email address, and any other information indicated as required. Wishflip may reject your application for an Account, or cancel an existing Account, or Delete an Account for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Wishflip for the purposes of carrying on a business activity and or for any personal, household or family purpose.
- You acknowledge that Wishflip will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- You are responsible for keeping your password secure. Wishflip 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, as determined in the sole discretion of Wishflip may result in an immediate termination of your Services.
2. Account Activation
2.1 Website Owner
- Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Website 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 Website Owner in connection with the Service.
- If you are signing up for the Services on behalf of your employer, your employer shall be the Website Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued domain email address and you must represent and warrant that you have the authority to legally bind your employer to these Terms of Service.
- Your Wishflip Website can only be associated with one Website Owner. A Website Owner may have multiple Wishflip Websites. “Store” means the online eCommerce store or physical retail location(s) associated with the Account.
2.2 Staff Accounts
- Based on your chosen Wishflip pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Website Owner can set permissions and let other people work in and on their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
- The Website Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Website Owner’s own acts, omissions or defaults.
- The Website Owner and the users under Staff Accounts are each referred to as a “Wishflip User”.
2.3 PayPal Express Checkout
- Upon completion of sign up for the Service, Wishflip will create a PayPal Express Checkout account on your behalf or use a default PayPal Demo account for setup purposes.
- You acknowledge that PayPal Express Checkout and/or Wishflip Payments will be your default payments gateway(s) and that it is your sole responsibility as the Website 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. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 17 of these Terms of Service.
2.4 Domain Names
- Upon purchasing a domain name through Wishflip, domain registration will be preset to automatically renew each year so long as your Wishflip Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. General Conditions
You must read, agree with and accept all of the terms and conditions in these Terms of Service(s) before you may become a Wishflip User.
- Technical support in respect of the Services is only provided to Wishflip Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of KwaZulu-Natal and the laws of South Africa applicable therein, without regard to principles of conflicts of laws. 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 Wishflip may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Wishflip’s website, available at https://wishflip.com/terms-and-conditionsand 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 Wishflip’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 Wishflip Services 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, or the laws of South Africa and the Province of KwaZulu-Natal. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Wishflip.
- Should Wishflip find you in breach of clause 3.5, Wishflip Reserves the right to immediately terminate your account and Website or Services with or without prior notification.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Wishflip or Wishflip trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to Wishflip Support.
- 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 via third party services such as PayPal or Stripe.
- The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Terms of Service, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Wishflip’s Terms of Service available in another language, the most current English version of the Terms of Service at https://wishflip.com/terms-and-conditions will prevail.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Wishflip shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Wishflip’s prior written consent, to be given or withheld in Wishflip’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
4. Wishflip Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- 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 Website or Store, or the Materials uploaded or posted to a Website or Store, violate our Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Wishflip customer, Wishflip employee, member, or officer will result in immediate Account termination and Services being suspended and revoked with immediate action.
- Wishflip does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- 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 Wishflip employees and contractors may also be Wishflip customers or 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, your status as an employee of an entity, etc.
- Wishflip retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Website Owner. If we are unable to reasonably determine the rightful Website Owner, without prejudice to our other rights and remedies, Wishflip reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties. If no resolution is reached in reasonable time ( 1 Month ) Wishflip Reserves the right delete the Account or Accounts in dispute.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Wishflip’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
6. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, Wishflip 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.
- To the extent permitted by applicable laws, in no event shall Wishflip 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, Wishflip 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 Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory or guarantee.
- Wishflip does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Wishflip does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Wishflip does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- Force Majeure – Wishflip takes no liability for any costs or damages due to delay or non-performance arising out of any cause or event beyond our ( Wishflip ) control, including, without limitation, cessation of services hereunder or any damages resulting therefrom to the other party as a result of work stoppage, power or other mechanical failure, computer virus, natural disaster, governmental action, or communication disruption or Hackers.
7. Waiver and Complete Agreement
The failure of Wishflip 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, including the documents it incorporates by reference, constitute the entire agreement between you and Wishflip and govern your use of the Services and your Account, superseding any prior agreements between you and Wishflip (including, but not limited to, any prior versions of the Terms of Service).
8. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Wishflip Service. All Materials you upload remains yours. You can remove your Website or 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 Website or Store; (b) to allow Wishflip to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Wishflip can, at any time, review and delete all the Materials submitted to its Service, although Wishflip is not obligated to do so.
- You retain ownership over all Materials that you upload to the Website or 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.
- Wishflip shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Website or Store to promote the Service.
9. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by deleting your Wishflip account.
- Upon termination of the Services by either party for any reason:
- Wishflip 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 Wishflip for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Website or Store will be taken offline.
- If you purchased a domain name or email hosting through Wishflip, upon cancellation your domain or email service will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider or registrar.
- 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 Wishflip Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, Wishflip 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 use of the Services.
10. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from Wishflip. Such notice may be provided at any time by posting the changes to the Wishflip Site (Wishflip.com) or the administration menu of your Wishflip Website via an announcement.
- Wishflip reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
- Wishflip shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
11. Third Party Services, Experts, and Experts Marketplace
- Wishflip may from time to time recommend, provide you with access to, or enable third party software, applications (“Add-ons or plugins or applications”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Wishflip Plugin Store, or Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- Wishflip Marketplace is an online directory of independent third parties (“Experts”) that can help you build and operate your Wishflip Website.
- You can engage and work with an Expert directly or through Wishflip Marketplace.
- Any use by you of Third Party Services offered through the Services, Wishflip Experts, Wishflip Marketplace or Wishflip’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Wishflip may receive a revenue share from Third Party Providers that Wishflip recommends to you or that you otherwise engage through your use of the Services, Wishflip Experts, Wishflip Marketplace or Wishflip’s website.
- We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Wishflip has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Wishflip’s websites, including the Wishflip add-on or plugins or Wishflip Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Wishflip. Wishflip does not guarantee the availability of Third Party Services and you acknowledge that Wishflip may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Wishflip is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Wishflip strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
- You acknowledge and agree that: (i) by submitting a request for assistance or other information through Wishflip Marketplace, you consent to being contacted by one or more Experts at the Website Owner’s registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) Wishflip will receive all email communications exchanged via Wishflip Marketplace or in any reply emails (each a “Reply”) that originate from Wishflip Marketplace (directly or indirectly) between yourself and Experts. You further agree that Wishflip may share your contact details and the background information that you submit via the Wishflip Marketplace with Experts. Experts may require access to certain admin pages on your Wishflip Website. You choose what is accessible to the experts.
- The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Wishflip is not obligated to intervene in any dispute arising between you and a Third Party Provider.
- Under no circumstances shall Wishflip be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Wishflip has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Wishflip partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
12. DMCA Notice and Takedown Procedure
Wishflip supports the protection of intellectual property and asks you to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our website owners or users are infringing their intellectual property rights, they can send a DMCA Notice to Wishflip’s designated agent using our contact page. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our contact page if they object to the complaint. For more information Contact us here https://wishflip.com/contact-us
13. Rights of Third Parties
Wishflip Users or anyone accessing Wishflip Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
14. Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation.