Last updated on: March 04, 2020
By signing up for a Just eBusiness Account (as defined in Section 1) or by using any Just eBusiness Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Just eBusiness” means the applicable Just eBusiness Contracting Party (as defined in Section 4 below).
The services offered by Just eBusiness under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Just eBusiness are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services 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://justebusiness.com/terms. Just eBusiness reserves the right to update and change the Terms of Service by posting updates and changes to the Just eBusiness website. 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 contained or expressly referenced in these Terms of Service, including Just eBusiness’s Privacy Policy
1. Account Terms
- To access and use the Services, you must register for a Just eBusiness account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Just eBusiness may reject your application for an Account, or cancel an existing 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 Just eBusiness for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Just eBusiness 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. Just eBusiness cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- A breach or violation of any term in the Terms of Service, including the Privacy Policy, as determined in the sole discretion of Just eBusiness may result in an immediate termination of your Services.
2. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may become a Just eBusiness User.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the United States and the laws of Canada 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 Just eBusiness may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Just eBusiness ’s website, available at https://justebusiness.com/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 Just eBusiness ’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 Just eBusiness 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 The United States and Canada. 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 acknowledge and agree that your use of the Services, including information transmitted to or stored by Just eBusiness , is governed by its privacy policy at https://justebusiness.com/privacy.
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. Just eBusiness 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 Just eBusiness’s prior written consent, to be given or withheld in Just eBusiness’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.
3. Just eBusiness 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 necessary.
- 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 Just eBusiness employees and contractors may also be Just eBusiness customers/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.
4. Confidentiality
- “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. Just eBusiness ’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 6. 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.
5. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, Just eBusiness 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 Just eBusiness 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, Just eBusiness 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 (including the Privacy Policy), 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.
- Just eBusiness does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Just eBusiness does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Just eBusiness 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.
6. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Just eBusiness Service. All Materials you upload remains yours. You can remove your Just eBusiness Store at any time by closing your Account.
- You retain ownership over all Materials uploaded to the Store; however, by making your Store public, you agree to allow others to view Materials that is posted publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- Just eBusiness 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.
7. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting Just eBusiness Support and then following the specific instructions indicated to you in Just eBusiness ’s response.
- Upon termination of the Services by either party for any reason:
- Just eBusiness 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 Just eBusiness for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Store website will be taken offline.
- If you purchased a domain name through Just eBusiness , upon cancellation your domain 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.
- 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 Just eBusiness 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, Just eBusiness 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. You may cancel your Account and terminate the Terms of Service at any time by contacting Just eBusiness Support and then following the specific instructions indicated to you in Just eBusiness ’s response.
- Upon termination of the Services by either party for any reason:
- Just eBusiness 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 Just eBusiness for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Store website will be taken offline.
- If you purchased a domain name through Just eBusiness , upon cancellation your domain 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.
- 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 Just eBusiness 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, Just eBusiness 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.
8. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from Just eBusiness . Such notice may be provided at any time by posting the changes to the Just eBusiness Site ( JusteBusiness .com) or the administration menu of your Just eBusiness Store via an announcement.
- Just eBusiness 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.
- Just eBusiness shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
9. DMCA Notice and Takedown Procedure
Just eBusiness supports the protection of intellectual property and asks Just eBusiness 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 Just eBusiness’s designated agent using our form. 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 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.
10. Privacy & Data Protection
Just eBusiness is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Just eBusiness’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.