Terms & Conditions - Acceptable User Policy
MyWholesaleOrdering is online wholesale ordering software for small and medium sized wholesale businesses. If you view the MyWholesaleOrdering website or use our software you agree with, and are bound by, this Agreement. This Agreement governs your use of any and all services and/or support provided by MyWholesaleOrdering, including but not limited to wholesale ordering service ("Services").
Please read this Agreement carefully prior to signing up or using MyWholesaleOrdering Services. This Agreement and any subsequent modifications thereto, exclusively govern your use of the Services subject to applicable local, state, and federal laws. This Agreement represents the complete agreement and understanding between you and MyWholesaleOrdering and supersedes any other written or oral agreement. If you do not agree to these terms and conditions set forth in this Agreement, you MUST notify the MyWholesaleOrdering (MyWholesaleOrdering@gmail.com) to arrange for a closure of your account. You shall continue to be bound by these terms and conditions until your account has been closed by MyWholesaleOrdering and confirmation provided with respect to the same. USE OF YOUR ACCOUNT at any time shall constitute your acceptance and approval of the terms and conditions set forth in this Agreement.
All copyright, trade marks, database rights, and other intellectual property rights in MyWholesaleOrdering (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms shall transfer any ownership rights to you.
Therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and MyWholesaleOrdering agree as follows:
Access Conditions
You must give complete and accurate information when signing up. You must only sign in to MyWholesaleOrdering using your own details.
You are solely responsible for the accuracy of your data. MyWholesaleOrdering takes no responsibility for any material input by users.
You must only use MyWholesaleOrdering services for lawful purposes. You must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair MyWholesaleOrdering.
You must ensure that all usernames/emails and passwords required to access the service are kept secure and confidential. You will immediately notify us of any unauthorised use of your passwords or any other breach of security.
Free Trial and Payment
The free trial ends 60 days after initial signup. At this point the annual or monthly billing cycle begins.
Invoices are issued annually or monthly in advance and are due on receipt. We reserve the right to suspend service if payment is not received within 7 days. You can cancel the service at any time, but if you choose monthly billing cycle, no refund will be paid for any unused days in the current invoicing cycle, if you choose annual billing cycle refund will be paid for any unused months.
The subscription charge for each month is based on the selected plan. Prices are advertised on the MyWholesaleOrdering website.
We reserve the right to change pricing at any time, and we will give 30 days notice of any modifications.
Copyright and Content Ownership
We claim no intellectual property rights over anything you submit to the service. Your information and uploaded material remains solely yours.
We do not check or screen content but we reserve the right to remove or refuse any content. We may review content sometimes to determine whether it is illegal or violates our policies, and we may close this account that we reasonably believe violates our policies or the law..
Cancellation
You may cancel your account with us at any time by emailing support at MyWholesaleOrderinq.ca@gmail.com.
All of your data will be deleted from MyWholesaleOrdering upon cancellation, and the information can not be recovered after deletion.
We reserve the right to cancel or suspend your account at any time, and for any reason. We reserve the right to refuse service to anyone for any reason, at any time.
We reserve the right to modify or terminate our service for any reason, and without notice, at any time. Should MyWholesaleOrdering cease to exist we would provide your data in excel format within reasonable timescales.
It is highlighted that MyWholesaleOrdering reserves the right to delete inactive accounts. All MyWholesaleOrdering free of charge accounts that remain inactive more than three months can be deleted.
General Conditions
We do not guarantee that MyWholesaleOrdering will be free from errors, uninterrupted, timely, entirely secure, virus-free or available.
Downtime will be kept to an absolute minimum but we may need to occasionally suspend MyWholesaleOrdering to carry out essential maintenance.
You understand that we use third-party partners to support our service with hardware, software, networking, storage and other related technology.
Technical support is provided to all account holders, including those enjoying the free trial, and will be delivered only via email on a best-effort basis.
Verbal, physical, written or other abuse of any employee of MyWholesaleOrdering will result in immediate account termination.
We may, but are not obliged to, remove any material which is found to be offensive, libellous, defamatory or in any way inappropriate.
Backup and Data Loss
MyWholesaleOrdering is not responsible for data loss. Backup are used solely by MyWholesaleOrdering for emergency or server restoration only. Backup of the your materials stored on the platform on a daily basis, and will retain database backup (eg: orders) for at least 1 weeks and product images for at least 1 day. There will be no backups for accounts that have been suspended or terminated. MyWholesaleOrdering will not be responsible for any data loss related to accounts that have past due invoice or suspended due to non-payment. MyWholesaleOrdering will not be responsible for any data loss. MyWholesaleOrdering will keep your orders and invoices history for 24 months in its database.
Privacy
Your privacy is important to us, please review our Privacy Policy, which forms part of these Terms.
Indemnity
You indemnify MyWholesaleOrdering against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to MyWholesaleOrdering.
Your use of any information or materials provided by MyWholesaleOrdering is entirely at your own risk, for which MyWholesaleOrdering shall not be liable. It shall be your responsibility to ensure that MyWholesaleOrdering, its services and information, meet your specific requirements.
Exclusions of Liability
We will not be responsible for any lost profits or damages your business may suffer. You use MyWholesaleOrdering entirely at your own risk.
We do not restrict our liability (if any) for personal injury or death resulting from our negligence or for any matter which it would be illegal to limit or attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with MyWholesaleOrdering (even if we have been advised of their possibility).
Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to MyWholesaleOrdering (or to our website generally) shall not exceed an amount equal to the subscription fees which the MyWholesaleOrdering account holder has paid to us in the previous invoicing cycle.
You shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms by you.
We shall be entitled to transfer our rights and/or obligations under these Terms to another party. Neither you nor the MyWholesaleOrdering account holder may transfer any of your rights or obligations under these Terms without our written consent.
No Agency
The relationship between you and MyWholesaleOrdering is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Assignment
Your right to use any service provided by MyWholesaleOrdering is not transferable and is subject to any limits established by MyWholesaleOrdering. You may not assign or transfer this Agreement in whole or in part to any third party without MyWholesaleOrdering's express, written consent, which shall be given, if at all, in MyWholesaleOrdering's sole discretion. MyWholesaleOrdering may assign this Agreement at will.
Binding Obligation and Authority
You represent and warrant that you have read and understood this Agreement and that it constitutes a valid and legally binding agreement; and that you have full power, authority and legal capacity to enter into this Agreement and perform your obligations hereunder. If you are signing up on behalf of a company or other entity, you agree that you have the authority to bind such company. This Agreement shall be inure to the benefit of, be binding upon, and be enforceable by the parties it describes and their respective officers, directors, employees, representatives, successors, and permitted assigns.
Notices
You agree that notices to you may be made via e-mail or regular mail. You also agree that notice of changes to this Agreement or other matters may be made by displaying notices or links to notices to you. Notices to MyWholesaleOrdering may be made by such contact information as may be designated by MyWholesaleOrdering for such purpose. MyWholesaleOrdering may modify the terms and conditions of this Agreement, modify the prices of any Services, as well as discontinue or change the scope of any such Services with or without prior notification.
Force Majeure
MyWholesaleOrdering shall not be responsible for delays or failures in performing its obligations under this Agreement due to events of force majeure or any other cause beyond its reasonable control.
Ownership
MyWholesaleOrdering is the exclusive owner of all offered services except when any such service is offered under license. Under no circumstance are you to be considered an owner of any MyWholesaleOrdering services or property. All communications to and from MyWholesaleOrdering personnel via e-ticket, e-mail, and live chat are confidential and property of MyWholesaleOrdering, and can not be disclosed or distributed to any third-party without the express written consent of MyWholesaleOrdering.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. This Agreement may be amended by MyWholesaleOrdering upon MyWholesaleOrdering's posting of a new version at http://www.MyWholesaleOrdering.com/platform/tc.html
Serverabilty
If any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section shall be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this Agreement and the rest of the Agreement will remain in full force and effect. No such severing shall affect the interpretation of the applicable provision or any other part hereof in any other jurisdiction or with respect to any other facts or circumstances.
Headings
Section headings provided herein are for convenience only and form no part of this Agreement and will not affect the interpretation of this Agreement.
Non-Waiver
The failure of MyWholesaleOrdering to enforce or require enforcement of any provision of this Agreement will not constitute or be construed to be a waiver of its right to enforce or requirement enforcement of that or any other provision now or in the future.
Survival
Any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose or any such cause of action is otherwise permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, ownership, and limitations on liability shall survive any termination of this Agreement, except as expressly set forth therein to the contrary.
Jurisdiction
This Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada. The parties to these Terms and Conditions submit to the exclusive jurisdiction of the Court of British Columbia, Canada.