Spree Terms & Conditions

Spree Ltd. (“Spree”) and/or their affiliates through the Spree Partner Network (“SPN”) provides website features and other products and services when you visit or shop using Spree.Global, Spree’s mobile applications, or other domains registered under Spree that redirects to Spree.Global (the “Sites”). By using the Sites you agree to the following terms and conditions, as well as the Spree Privacy Policy and all other disclaimers and terms and conditions that appear elsewhere on this Site.

Last Updated: 22nd March 2016

  1. SITE CONTENT AND INFORMATION. The Sites contain information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Spree makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product and are not warranted to be accurate, complete, current, or error-free. If a product offered by Spree is not as described, your sole remedy is to return it according to Spree.Global’s Return Policy.
  2. SITE POLICIES, MODIFICATION, AND SEVERABILITY. Spree reserves the right to make changes to the Sites and these Terms of Use and the Privacy Policy at any time. Each time you use the Sites, you should visit and review the then current Terms of Use and Privacy Policy that apply to your transactions and use. If you are dissatisfied with the Sites, their content, or Terms of Use or Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Sites. If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
  3. YOUR ACCOUNT.
    • If you register on the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
    • Spree does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites only with involvement of a parent or guardian. Spree reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Spree reserves the right to change, suspend, or discontinue all or any aspects of the Sites at any time without prior notice.
    • Spree does not knowingly collect information from children, including those less than thirteen years of age. If you are a child, do not submit any information to ThinkGeek. If a parent, guardian, or other concerned person becomes aware that we have collected information from a child, including one less than 13 years of age, please contact us promptly and we will take steps to delete and remove any such information.
  1. NO UNLAWFUL OR PROHIBITED USE. As a condition of using the Sites, you agree that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful under applicable law or prohibited by these Terms of Use, or to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of Spree, its affiliates or other individuals. Furthermore, you may not, without limitation, copy, reproduce, distribute (including mirroring, data-mining or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any content, information, products or services obtained from the Sites, for any commercial purpose or enterprise. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property of these terms of service. If you violate any of these Terms of Use, your permission to use the Sites automatically terminates. Please report any violations of these Terms of Use (except for claims of intellectual property infringement) to Spree’s Site director at legal@spree.global.
  2. ERRORS ON THE SITES. Prices and availability of products are subject to change without notice. In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, Spree shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Spree will immediately refund the amount charged to your credit card.
  3. ORDER POLICY & SHIPPING. Pricing and promotions on Spree.global may vary from that of affiliated sites. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Spree reserves the right at any time after receipt of your order to accept or decline your order for any reason. Spree reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to product availability. All items purchased from Spree are sent by a third-party carrier pursuant to a shipment contract. If you are not fully satisfied with your purchase, you may return it in accordance with Spree.Global’s Return Policy.
  4. DISTRIBUTING USER CONTENT. Spree may allow users to the Sites to post reviews and comments (“Content”) on products featured on the Sites. By submitting such Content, you automatically agree and promise that all Content is accurate and original and that, without any particular time limit, and without the payment of any fees, Spree and anyone Spree permits may reproduce, display, distribute and create new works of authorship in any media, based on and including the Content. Additionally, you grant Spree the right to use the name you submit in connection with such Content.
  5. LINKS TO OTHER SITES. Spree, any Site or a third party may provide links to other websites. Spree exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Spree shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Sites’ PRIVACY POLICY is applicable only when you are on Spree.Global or Spree’s mobile applications. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
  6. NO ENDORSEMENT OF USER CONTENT. Users to the Sites are prohibited from posting through the Sites any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libelous, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that Spree does not endorse or pre-screen content, but that Spree and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is available via the Sites. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content posted by you.
  7. COMPETITIONS & GIVEAWAYS. Entries must be at least 18 and over or seek permission from a parent or guardian to be eligible. Spree is not responsible for any damages caused to any prizes caused by any distribution process. However, feel free to message us as we want to make sure that you are happy with your prize and find a solution if anything outside the normal process occurs.
  8. DISCLAIMER AND LIMITATION OF LIABILITY. THESE SITES ARE PROVIDED BY SPREE ON AN “AS IS” BASIS. SPREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES. SPREE DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, SPREE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SPREE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPREE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, BREACH OF SECURITY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH SPREE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE INAPPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. APPLICABLE LAW. By using the Sites, you agree that the laws of your state, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Spree.
  2. LICENSED MERCHANDISE. Affiliated providers are solely responsible for the licensing of their merchandised, quality and actions. provided. Spree is not liable for any products affiliated by a 3rd party without a merchandising license and we do not claim responsibility for their actions. All creator’s merchandise will be submitted for approval by Spree providing they give compatible evidence that they hold a license and authorisation in creating products using the IP. Even so, Spree hold no accountability for the creators actions and/or their licensing agreements. Any suspicion of unlicensed products will be temporarily deactivated until fully investigated.
  3. COPYRIGHT AND TRADEMARK NOTICE. All screens appearing on the Sites including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the sole property of Spree or its suppliers and/or licensors, and are protected by U.K. and international copyright laws. The content on the Sites is only for the purpose of shopping on the Sites or placing an order and for no other purpose. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without Spree’s prior written permission, is strictly prohibited. All software used on the Sites is the sole property of Spree or those supplying the software.

SPREE is a registered trademark of Spree Ltd. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites are trademarks or trade dress of Spree in the U.K. and other countries or are the property of their respective owners. All rights not expressly granted herein are reserved.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT. If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Spree’s designated Copyright Agent to receive notifications of claimed infringement is legal@spree.global

For clarity, only legal notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Spree customer service at hello@spree.global. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your legal notice may not be valid.

Vendor Terms & Conditions

By signing up for the Spree service (“Service”) or any of the services of Spree Ltd. (“Spree”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Spree under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.spree.global/legal/terms. Spree reserves the right to update and change the Terms of Service by posting updates and changes to the Spree website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Spree’s Privacy Policy before you may become a Spree user.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Spree or any Spree services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. ACCOUNT TERMS

  1. 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.
  2. To access and use the Services, you must register for a Spree account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Spree may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Spree will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Spree cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Spree Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Spree will result in an immediate termination of your services.

WHICH MEANS

Don’t use Spree for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. ACCOUNT ACTIVATION

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account 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 Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. Upon completion of sign up for the Service, Spree will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Spree may also create a Spree Payments account on your behalf.
  4. You acknowledge that PayPal Express Checkout and/or Spree Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account 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.
  5. Upon purchasing a domain name through Spree, domain registration will be preset to automatically renew each year so long as your Spree Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

WHICH MEANS

The person signing up for the Spree Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

Any domain you purchase through us will automatically renew unless you opt out.

3. GENERAL CONDITIONS

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Spree.

  1. Technical support is only provided to paying Account holders and is only available via email.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. 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.
  3. You acknowledge and agree that Spree may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Spree’s website, available athttps://www.spree.global/legal/terms 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 Spree’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.
  4. You may not use the Spree 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, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
  5. 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 Spree.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Spree or Spree trademarks and/or variations and misspellings thereof
  7. Questions about the Terms of Service should be sent to support@spree.global.
  8. You understand that your Store Content (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.
  9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Spree, is governed by its privacy policy athttps://www.spree.global/legal/privacy
  10. The parties have required that the Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.

WHICH MEANS

The Spree service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the Province of Ontario.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. SPREE RIGHTS

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Spree customer, Spree employee, member, or officer will result in immediate Account termination.
  5. Spree does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
  6. 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 Spree employees and contractors may also be Spree customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. 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.
  8. Spree 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, Spree reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Spree account, we can freeze the account or transfer it to the rightful owner.

5. LIMITATION OF LIABILITY

  1. You expressly understand and agree that Spree 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.
  2. In no event shall Spree 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, Spree 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.
  3. 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.
  4. Spree does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Spree does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Spree does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. WAIVER AND COMPLETE AGREEMENT

The failure of Spree 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 constitutes the entire agreement between you and Spree and govern your use of the Service, superseding any prior agreements between you and Spree (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Spree chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Spree don’t apply if they conflict with these terms.

7. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT

  1. We do not claim any intellectual property rights over the material you provide to the Spree All material you upload remains yours. You can remove your Spree store at any time by deleting your Account.
  2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Spree to display and store your Store Content; and (c) that Spree can, at any time, review all the Store Content submitted by you to its Service.
  3. You retain ownership over all Store Content that you upload to a Spree store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
  4. 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.
  5. Spree 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.

WHICH MEANS

Anything you upload remains yours and your responsibility.

8. SPREE SHIPPING

If you are located in the United States, you can purchase shipping labels from within your Spree administrative console (“Spree Shipping”) for delivery of goods purchased from your Spree Store. In addition to these Terms of Service, your access to and use of Spree Shipping is subject to the Spree Shipping Terms of Service, located at https://www.spree.global/legal/terms-shipping-us.

9. PAYMENT OF FEES

  1. 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”.
  2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Spree will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Spree 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.
  3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Spree’s You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Spree administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  4. 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”).
  5. If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Spree’s products and services. These Taxes are based on the rates applicable to the Canadian 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 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 such a certificate.
  6. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Spree’s products and services, including without limitation, your subscription to or purchase of Spree’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with 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 such a certificate.
  7. If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Spree’s products and services, you must provide us with a statement by email toaccounting@spree.global stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Spree’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Spree’s products and services, which will be billed to your Authorized Card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to accounting@spree.global.
  8. Spree does not provide refunds.

WHICH MEANS

For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 30 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.

10. CANCELLATION AND TERMINATION

  1. You may cancel your Account at anytime by emailingsupport@spree.global and then following the specific instructions indicated to you in Spree’s
  2. Upon termination of the Services by either party for any reason:
    1. Spree will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to Spree for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your store website will be taken offline.
  3. If you purchased a domain name through Spree, 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.
  4. 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.
  5. We reserve the right to modify or terminate the Spree Service or your Account for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, Spree 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.

WHICH MEANS

To initiate a cancellation, email support@spree.global. Spree will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Spree will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

11. MODIFICATIONS TO THE SERVICE AND PRICES

  1. Prices for using the Services are subject to change upon 30 days notice from Spree. Such notice may be provided at any time by posting the changes to the Spree Site (spree.global) or the administration menu of your Spree store via an announcement.
  2. Spree 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.
  3. Spree shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at anytime, without liability.

12. THIRD PARTY SERVICES

  1. 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, Spree’s partners or other third parties.
  2. Spree may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Spree App Store. 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”). Any use by you of Third Party Services offered through the Services or Spree’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.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Spree has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Spree’s websites, including the Spree App Store, 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 Spree. Spree 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.
  4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Spree is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
  5. Under no circumstances shall Spree 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 Spree has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

WHICH MEANS

We are not responsible for third party services so use them at your own risk. If you use any third party services on the Spree platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

13. DMCA NOTICE AND TAKEDOWN PROCEDURE

Spree supports the protection of intellectual property and asks Spree merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Spree’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure

WHICH MEANS

Spree respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Spree a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

© Copyright - Spree Ltd. 2016