Merchant Terms & Conditions
Effective date: September 25, 2019
Terms and Conditions for Merchant’s Use of the BuySafe Shopping Guarantee ProgramAgreeing to these Terms and Conditions does not obligate you to become or remain a BuySafe Shopping Guarantee Merchant, but will provide you with important information about the BuySafe Shopping Guarantee program (“Shopping Guarantee”). References to “BuySafe”, “us,” “our” or “we” refer to solely to Simpler Postage, Inc. (d/b/a BuySafe) (“BuySafe”). By installing Shopping Guarantee on your website, you and any authorized agent you may have agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not use or access our services, including installing Shopping Guarantee on your website. You must read, agree with, and accept all of these Terms and Conditions, and you agree and represent that you have read and agreed to the information contained in the other pages referred to or linked by the Terms and Conditions, as they may contain additional applicable terms and conditions. We may amend these Terms and Conditions by posting the amended terms on our website. Except as stated below or as otherwise required by law, all amended terms will automatically be effective fourteen (14) days after they are initially posted on the website or sent to you via e-mail. Your continued use of the Shopping Guarantee products and services, after such notice, constitutes your acceptance of the amended terms and conditions. You understand and agree that:
- Approval and continuing status as a Shopping Guarantee Merchant is at our sole discretion.
- You will provide accurate and honest information about yourself and your company upon request. If you decide to be a Shopping Guarantee Merchant, you will pay applicable fees.
- You will use Shopping Guarantee materials only in the manner intended and approved by us.
- You will submit to the Shopping Guarantee Dispute Resolution Process in the event that a buyer is dissatisfied with a transaction.
II. Fees and Payments.In general, we charge fees for the use of our services, and you agree to pay the fees specified. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for promptly paying all fees associated with using the Shopping Guarantee products and services. You agree that we may charge you reasonable fees associated with the cost of using a collection agency to collect payment for any outstanding charges to a delinquent account. You agree to pay these fees in addition to any previous amount owed. You authorize us to charge or debit all fees payable to the credit card, debit card or bank account you specify including reasonable fees in connection with an electronic debit returned for any reason. You agree to pay us promptly for all fees and charges due and that we may initiate and collect any amounts due from you at any time. BuySafe reserves the right to re-evaluate your pricing if, for two consecutive months, your gross monthly sales are under- or over-estimated by 30% or if Shopping Guarantee benefit claims paid to your buyers exceed 30% of your average monthly billing. In any month where your Shopping Guarantee Low Price Guarantee benefit claims payments are greater than your monthly billing, BuySafe reserves the right to bill you for the claims paid during that month in excess of your monthly billing.
III. Identity Verification.You agree that we may, directly or through third parties, make any inquiries we deem appropriate regarding you, including, but not limited to, obtaining information from consumer or credit reporting agencies and others to help us identify you or for any other legally permitted purposes. You also agree that we may order a credit report and perform other credit checks or otherwise verify the information you provide against third party databases.
V. Use of Graphical Elements.A. You agree to allow and enable display of the Shopping Guarantee graphical elements on your website. We may change the appearance of the graphical elements from time to time, and that such a change will be effective upon our posting of a notice at our website or via email notification to you. The graphical elements, which are posted electronically, will link to enable third parties to access the Shopping Guarantee Verification Page. B. You agree not to modify the graphical elements without permission, including the size, shape or color of the seal or other graphical elements, or to change the data contained within such elements. Except as expressly authorized in these Terms and Conditions, any use, modification, reproduction, display or redistribution of the Shopping Guarantee graphical elements, as well as any trademark or other intellectual property of ours, is expressly prohibited. You agree not to use or display any trademark or other intellectual property of ours in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to us or in a manner that impairs or negatively impacts our rights. We reserve the right to terminate or modify your license to reproduce and display the graphical elements at any time and to take action against any use of our brand that (i) does not conform to these Terms and Conditions, (ii) infringes any intellectual property or other right of ours, or (iii) in our judgment violates any applicable law. You agree not to register or attempt to register any intellectual property of ours in any jurisdiction. C. You agree that we are and will remain the sole and exclusive owner of the graphical elements. You agree (i) not to do anything inconsistent with such ownership, (ii) not to use the graphical elements to create a separate and distinct impression for any other service mark or trademark, (iii) not to take any action that changes or reduces our rights, and that (iv) all goodwill associated with the use of the Shopping Guarantee program will be solely for our benefit.
VI. Standards and Revocation.You agree that we may suspend or revoke your use of the Shopping Guarantee program at any time and without notice, if: (a) you fail to keep the information you provide to us current, including your contact information; (b) you fail to display required graphical elements and related promotional information, as supplied by us, on all appropriate website pages; (c) you fail to follow our Dispute Resolution Process and Standards & Prohibited Items sections below; (d) you fail to enable your buyers to receive all the benefits of the Shopping Guarantee program; or (e) we receive complaints about your selling practices or standards. If your permission to use our program is suspended, revoked or terminated you will no longer be entitled to use, reproduce or display the graphical elements and you must immediately stop all use of them.
VII. Provision of Qualification Information.A. You agree to provide us all requested information about you and your company accurately and promptly. If any information that you provide to us changes, you agree to immediately notify us of such changes at our website via email or in writing at the address for notices set forth below. This information includes but is not limited to your name and address, telephone number, e-mail address, company name, credit card number and billing address along with the expiration date. B. You represent that you are authorized to do business in accordance with the law. You agree that we may make periodic checks to verify that the information you provided or that we otherwise obtained is correct. Your failure to respond to any inquiries by us or our authorized agents may lead to the suspension or revocation of the service we provide to you. Additionally, we may provide information about you to one of your buyers in connection with a Problem (defined below), including your contact information to enable direct communications between you and such buyer and your status as a Shopping Guarantee Merchant. C. You represent that you have requested Shopping Guarantee products and services for business and commercial purposes and not for personal, family, household or other purposes.
VIII. Dispute Resolution Process.Once you are approved to use the Shopping Guarantee program, you agree to participate in the following dispute resolution process (the “Dispute Resolution Process”). A. If your buyer becomes dissatisfied with his or her transaction (each such reported event is a “Problem”), the buyer may initiate the Dispute Resolution Process through our website. The Dispute Resolution Process is an automated online forum for helping you and your buyer come together to solve a Problem. Through this online forum, a buyer may register with us, provide us some personal information and then complete our “File a Benefit Claim” form. A buyer’s completion of this form will enable you and your buyer to communicate directly with each other, and if necessary, to enlist the aid of a neutral Problem Resolution Specialist. When a buyer initiates the Dispute Resolution Process, you agree to use your good faith efforts to investigate and respond immediately to such Problem. Your good faith commitment means, among other things, an honest intention by you to resolve such Problem if at all possible. Upon our notification of a Problem by your buyer, we will forward you a Problem initiation notice which includes such buyer’s Problem information. Thereafter, you must respond to such notice within three business days in writing with full and complete information responding to such buyer’s claims or else you may be deemed to admit that the claims made by such buyer are true and correct. If you respond to such notice and cannot reach a satisfactory solution with your buyer through the Dispute Resolution Process within ninety (90) days of our receipt of the buyer’s report of the problem, then the Dispute Resolution Process will end and such buyer may take action according to his or her wishes, including but not requiring a Claim as described below. To the extent legally permitted, buyers will be compelled to use the Dispute Resolution Process. B. When a customer completes an online sale covered by a Shopping Guarantee, we will provide to that customer a specific Guarantee Number for the benefit of the customer, along with instructions for making a benefit claim under the Guarantee in the event that a customer is unable to resolve any Problem using the Dispute Resolution Process (a “Claim”).
IX. Standards & Excluded Items.All merchants agree as follows: You agree that you will not use the Shopping Guarantee program for any transaction involving pornography, gambling, real estate or any transaction not involving the sale of a tangible good (i.e., items that can be shipped) or an explicitly defined service (i.e. airline tickets, travel packages, subscription-based services etc.). Items that must be downloaded from the Merchant’s computer to that of the buyer (i.e. digital content or MP3 music files) as the intended means of delivery may also be covered by the Shopping Guarantee. Merchants electing to use the Shopping Guarantee program also agree:
- The Purchase Guarantee ensures that if you do not perform according to your own terms of sale, and your buyer makes a claim within 30 days from the date of purchase, and, after exhausting the Dispute Resolution Process there is no resolution, then BuySafe or BuySafe Claim Services, Inc., a wholly owned subsidiary of BuySafe, (“BCS”) may, in its sole discretion, resolve the claim in favor of the buyer. In such event, we may reimburse the buyer the amount of her loss, not to exceed $1,000 and the Merchant will be liable to indemnify us or BCS for such amount as elsewhere set forth. Further Purchase Guarantee terms are found here.
- The Identity Theft Protection will be provided to each buyer who purchases from you, such coverage to run for 30 days from the date of purchase. Further Identity Theft Protection terms are found here.
- The Lowest Price Guarantee protects the buyer from any reduction in price for the same good from the same merchant’s website within 30 days of the date of purchase. Further terms found here.
X. No Warranty.WE, OUR SUBSIDIARIES, EMPLOYEES AND SUPPLIERS PROVIDE THE PRODUCTS AND SERVICES WE OFFER “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We provide the Dispute Resolution Process as an aid to resolution of Problems in a timely manner but it makes no representations or warranties regarding the amount of time needed to resolve Problems. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
XI. Limitation of Liability.A. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES THEY OFFER THROUGH THE WEBSITE OR THESE TERMS AND CONDITIONS, HOWEVER ARISING, INCLUDING NEGLIGENCE. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. B. THE LIABILITY OF EACH OF OUR, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF FEES AND CHARGES PAID BY YOU TO US PURSUANT TO THESE TERMS AND CONDITIONS. IN NO EVENT SHALL BUYSAFE, ITS PARENT, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ITS SUPPLIERS HAVE ANY LIABILITY RELATED TO THE APPLICATION FOR OR ISSUANCE BY THE SURETY AND THE AGENT OF ANY BOND THROUGH THE WEBSITE, ANY CLAIMS PROCESS OR PAYMENT MADE RELATED TO A BOND OR ANY ATTEMPT TO COLLECT SUCH PAYMENT FROM YOU. C. We are not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Website. Access to the Website may be limited or unavailable during periods of peak demand, system upgrades and maintenance or for other reasons. If access to the Website is not available or delayed at any time, you agree to use alternative means to obtain your account information from us, such as by contacting one of our customer support representatives or by sending an email to CustomerSupport@buysafe.com. You agree that we are not liable if you are not able to access your account information or to use an online service through the Website.
XII. Indemnification.A. You agree to indemnify, defend and hold harmless us, our parent, subsidiaries, directors, officers, employees, agents and our suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you or your agents of these Terms and Conditions, any violation of state or federal laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. B. The following provision applies to all transactions covered by a Shopping Guarantee. In either of these events, our guarantee is provided by a guarantee issued by BuySafe Claim Services, Inc., a wholly owned subsidiary of BuySafe, (“BCS”) (the “Guarantee”). The following indemnification terms apply:
- You certify that all statements made and answers given us are truthful, accurate and complete in all respects and are made for the purpose of inducing us or BCS to provide the Guarantee. You understand and agree that we can and will rely upon your statements and answers for that purpose.
- You agree to indemnify us and BCS and to hold us and BCS harmless from all loss and expense of whatever kind, including but not limited to, costs associated with the return of an electronic debit, interest, court costs, and attorney fees, (“loss”), incurred by us or BCS as a result of or in connection with the furnishing of the Guarantee. You promise to promptly reimburse us for all sums paid on account of any loss and agree that originals or photocopies of claim drafts, or of payment records kept in the ordinary course of business, shall be prima facie evidence of the fact and amount of such loss.
- You agree to waive any and all defenses as against us and BCS with respect to any coverage decision in connection with a claim. You agree to assign to us or BCS, upon request from either, any rights you may have to recover from any third parties.