Terms and Conditions

StoreStash Terms of Service


General terms relating to the use of storestash.com

INTRODUCTION
Thank you for visiting StoreStash, a web based platform (or software as a service) that helps you market and sell your products and services. These Terms are the general terms of the relationship between us and each User or Business. These Terms cover the use of StoreStash. By visiting, signing up on or logging into StoreStash, each User or Business accepts and agrees to these Terms. These Terms also cover any transactions) where we provide to a User or Business (who receives) Services.
DEFINITIONS AND INTERPRETATION
Definitions. For purposes of the Agreement:
“Affiliate” means any parent company, subsidiaries, joint ventures, or other companies under a common control;
“Agreement” means each agreement between us and each User or Business, covered by these Terms.
“Business means a legal or natural person running a business and includes sole proprietors, private companies, closed corporations and non-profit companies.
“Content” means any content added to a database by a User to be managed and manipulated by StoreStash. Content includes data, photos, images, audio files, text, files, listings, postings, messages, or other materials;
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
“Fees” means the fees, charges, or purchase consideration indicated in the pricing matrix that each Business or User will pay to us for Services provided;
“Services” means any services we provide to a Business as specified in the features matrix;
“Sign” means the handwritten signature or advanced electronic signature of the duly authorised representative of a party;
“Signature Date” means the date of signature by the party signing last;
“StoreStash” means the web based platform at www.storestash.com;
“Terms” means these terms, consisting of:
1. these Terms of Service; and
2. any other relevant specific terms, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of StoreStash or any specific Services);
“User means a natural person who registers on StoreStash and has a unique login or an external system interacting with StoreStash via an API. A User can play different roles on StoreStash. For example, an administrator, an employee of a Business, or a sales representative of a Business;
“Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents, fax transmissions, but excludes information or data in electronic form.
“we” or “us” means StoreStash (Pty) Ltd with registration number 2014/105218/07 .
Interpretation. A word defined or assigned a meaning in the Agreement will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Agreement. Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Agreement will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time. A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns. Unless otherwise stated in the Agreement, when any number of days is prescribed in the Agreement the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. GMT +2 will be used to calculate any times.
Conflict. If there is a conflict of meaning between these terms of service and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of the use of the relevant section or Services.
TERM
These Terms commence on acceptance and continue until terminated.
USE OF STORESTASH
License to use StoreStash. We grant each User and Business a limited, revocable license to use StoreStash subject to the Agreement. Any person wishing to use StoreStash contrary to the Agreement must obtain our prior written consent.
Policies. We may establish general polices and limits concerning the use of StoreStash. We may log off, deactivate, or delete any account.
Support and performance. We may provide documentation to assist a User use StoreStash. Each User or Business is responsible for maintaining its Content, including correcting any faults. To enable a great experience for everyone on StoreStash, each User or Business must ensure that its use of StoreStash does not unduly degrade the performance of StoreStash, including exceeding the quotas and limitations set by us (for example, bandwidth and system resources). If this happens, we may suspend the use of StoreStash.
Framing. No person, business, or web site may frame StoreStash or any of the pages on StoreStash.
Linking. A person, business, or web site may link to StoreStash only by linking to the home page [insert hyperlink] of StoreStash. we prohibits “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support by us or suggests anyone is the owner of any intellectual property belonging to us.
Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from StoreStash.
INTERACTION
Relationship between a User and a Business is independent. The relationship between any User and any Business (or any Business and any other Business) is between them and is independent of us. The relationship may include the delivery of goods or services, and any other associated terms, conditions, warranties or representations.
Release Each User and Business releases us (and our affiliates, officers, employees, agents and successors) from any claims, demands, and damages regarding any disputes between any User or Business.
Third party terms. If a third party supplies or delivers any goods or services directly to a User or Business, third party terms or conditions may apply. Each Business is solely responsible to ensure they understand and agree to those terms.
MODIFY
We may modify, suspend, or discontinue providing StoreStash or any Services (with or without notice) and will not be liable.
USER ACCOUNTS
Passwords and Security. Only a registered User can use StoreStash. Each User is responsible for keeping their password secure. Each User is solely responsible and liable for activities that occur under their account. User authorises us to act on any instruction given under User’s account, even if it transpires that someone else has defrauded both us and the User, unless User has notified us prior to us acting on a fraudulent instruction.
Users. User accounts registered by bots or other automated methods are not permitted. Each User must provide their full legal name, a valid email address, and any other information requested in order to complete the registration process. One person may only use each User’s login – we do not permit multiple people to share a login.
USERS
Any User or Business can invite another User or Business to join StoreStash. Only a Business can invite a User to become a member of a Business. Users may be granted permission to become a member of a Business.
Each User represents and warrants that User:
1. is old enough under applicable law to enter into the Agreement;
2. is legally capable of concluding any transaction;
3. possesses the legal right, full power, and authority to enter into the Agreement;
4. is authorised to use the password required for any account; and
5. will submit true, accurate and correct information to us and StoreStash.
If a User is younger than 18 years of age, the User warrants that User has the consent of its legal guardian to enter into the Agreement or that User has obtained legal status in another manner.
SERVICES
Provision. We will provide the Services to each Business at the Service Levels.
Support. Basic or premium Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by us to respond within one business day) concerning the use of the Basic or Premium Services. “Priority” means that support for Basic or Premium Services customers takes priority over support for users of the standard, free StoreStash services. We will provide support in accordance with its practices, procedures and policies.
PROFILES
You can create a basic account on the site which will require you to input some personal information. The basic account is free and allows you to make use of the following features:
Business Profiles. You can create a business profile which will display all relevant information about the business. The business profile will include online store functionality which will allow you to upload products and sell them through the site. Transactions through the user-created online store will be processed using PayPal infrastructure and users will be required to create a PayPal account in order to use this feature. We will charge a percentage fee for the use of the online store feature. Transaction fees will be charged to the seller. See our fees page ${insert link here} for more details.
Personal Profiles. All users will automatically be given a personal profile.to display some of your person information and use StoreStash’s social networking tools. No fees will be charged for personal profiles.
Charity/NPO Profiles. If you are a charities or non-profit organization, you can make specifically tailored profile on StoreStash. This profile will allow you to collect donations. Business profile owners can set up an automatic donation system for their store. Their chosen charity will receive a percentage value donation through the site every time a product is sold. Charity profiles will be subject to a screening process and will need to be validated by our staff before being enabled.
USER ACCOUNTS
All accounts link back to the personal or user account.
Linked accounts. A user with a free account will be automatically given one personal profile and will only be allowed to have one business profile (which includes an online store). A single user that has upgraded to a premium, paid accounts can have multiple businesses profiles linked to their personal profile. Premium accounts holders may create multiple business profiles. The multiple business profiles can have online stores and will be managed by administrator of the business profile.
Powers of administrators. Administrators can be added to the page and may edit, add or remove information on the page. Administrators do not have full control of the page.
Employees. A user that is an employee or a relevant member of a business listed on the site can link their personal profile to the business’s profile The personal profile is then visible to other users on the business profile and vice versa.
Login-sharing. Sharing single logins is prohibited. Single users have to each create a personal user profile.
FEES AND PAYMENT
Tax. All Fees exclude any tax (including value added tax and other taxes levied in any jurisdiction), duty (including stamp duty), tariffs, rates, levies and any other governmental charge or expense payable, which will be payable where applicable by a Business in addition to the Fees.
Costs to implement. Unless otherwise stated, the parties will bear their own costs to implement (or perform their obligations under) the Agreement.
Payment profile. Each Business (and any signatory) consent and agree that we may provide any registered credit bureau with information about the payment of amounts.
ACCEPTABLE USE AND CONDUCT
Responsibility. Each User and Business is responsible for its conduct or content on StoreStash. Each Business must ensure that its Users have the correct permissions to act on StoreStash.
Prohibited conduct. Nothing may be unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or harm minors in any way. Do not harass, stalk, degrade, intimidate, or be hateful toward an individual or group of individuals. No one may impersonate any person, falsely state, or otherwise misrepresent its affiliation with any person. Nothing may be false, deceptive, misleading, deceitful, or constitute “bait and switch”. Do not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Any chain letter, pyramid scheme, or advertisement that is prohibited by law, is prohibited on StoreStash. The advertising and provision of any illegal service or the sale of any goods that are prohibited or restricted by applicable law are prohibited. Malware or badware is prohibited. Do not negatively affect the ability of anyone else to use StoreStash. Do not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through StoreStash. No one may impose an unreasonable or disproportionately large load on our infrastructure. Do not attempt to gain unauthorised access to StoreStash or engage in any activity that disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of StoreStash.
INTELLECTUAL PROPERTY
Ownership. Except as provided to the contrary in the Agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of StoreStash are the sole property of or will vest in us or a third party licensor. All moral rights are reserved.
Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on StoreStash or other marketing material ours is the property of its respective owner.
Ownership of Content All right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of Content added by a User is the sole property of or will vest in the owner or a third party licensor of the content.
Restrictions. Except as expressly permitted under the Agreement, StoreStash may not be:
1. modified, distributed, or used to make derivative works;
2. rented, leased, loaned, sold or assigned;
3. decompiled, reverse engineered, or copied; or
4. reproduced, transferred, or distributed.
Sufficient rights. No one may provide Content for which it does not have sufficient rights.
Copyright infringement by a User or Business. Each User or Business must promptly address any written notice to it that its Content infringes the copyrights or other rights of another person. If a User or Business does not promptly remove or change the infringing element of the Content specified in the notice, we may remove the Content without any liability to any User or Business.
Prosecution. All violations of proprietary rights or the Agreement will be prosecuted to the fullest extent permissible under applicable law.
DISCLAIMER OF WARRANTIES
Disclaimer. Use of StoreStash is at the sole responsibility and risk of each User or Business. StoreStash is provided on an “as is” and “as available” basis. Except for the warranties given in the Agreement, we expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including:
1. any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, fitness for a particular purpose, accuracy, system integration, quiet enjoyment, title, and non-infringement; or
2. any warranties regards third party software.
we do not warrant that StoreStash will meet the requirements of any User or Business or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software. Each User or Business should keep up-to-date security software on the systems used to access StoreStash.
Sales representatives. No sales representatives of ours has the authority to bind us and no representation, warranty or any other statements made or given by any sales representative of ours will be binding on us, unless given in Writing and Signed by a duly authorised representative of ours.
INDEMNITY
Each User or Business agrees to indemnify, defend, and hold us harmless (and our subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees) from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to its use of StoreStash.
LIMITATION OF LIABILITY
Correct faults. We will correct any fault in StoreStash where possible and as soon as reasonably practical and this is its entire liability regarding any fault in StoreStash. If this clause is held inapplicable or unenforceable, then the following clause will apply.
Direct damages limited. To the extent permitted by applicable law, regardless of the form (whether in contract, tort, or any other legal theory) in which any legal action may be brought, our maximum liability to a User or Business for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid by the Business to us for the Services related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount.
Indirect damages excluded. To the extent permitted by applicable law, in no event will we (or our personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the Agreement.
Errors and modifications. We are not liable or responsible for errors caused by any modifications to any Content or output once exported or downloaded.
Other web site, goods, or services. We are not liable for any other web site, goods, or service provided by any third party.
TERMINATION
Discontinue StoreStash. The Agreement will automatically terminate if we discontinue StoreStash.
Breach. If a User or Business:
1. commits a breach of the Agreement;
2. repeatedly infringes the copyrights or other rights of others;
3. effects or attempts to effect a compromise or composition with its creditors; or
4. is provisionally or finally liquidated or placed under judicial management;
User or Business agrees that we may, to the extent permitted by applicable law and without prejudice to its rights in the Agreement or in law, deactivate or delete the User’s (or the Business’s account) and any relevant StoreStash Domain, terminate access to or use of StoreStash, claim specific performance of the Agreement, or cancel the Agreement immediately on written notice and claim damages from User or Business (including, any claim for any Fees already due).
Effects of termination. On the deactivation or deletion, the Agreement will terminate and access rights will immediately cease to exist. On termination all amounts due to us for Services rendered prior to termination will become due and payable. A Business may not withhold the amounts for any reason, unless the arbitrator directs otherwise.
DISPUTES
Notifying each other. If there will be a dispute about or from this Agreement if a party writes to the other about it and asks for it to be resolved under this clause. The parties must refer any dispute to be resolved to:
• Negotiation (direct talks to try and agree how to end the dispute); failing which
• Mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute); failing which
• Arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).
Negotiation. Each party must make sure that their chosen representatives meet within 10 business days of notification, to negotiate and try to end the dispute by written agreement within 15 more business days.
Mediation. If negotiation fails, the parties must refer the dispute to mediation under the Arbitration Foundation of South Africa’s (AFSA) rules.
Arbitration. If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English our head office is situated. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
Periods. The parties may agree in writing to change the periods for negotiation or mediation.
Urgent interim relief. This clause will not stop a party from applying to court for urgent interim relief (temporary help) while the dispute resolution process is being finalised. An example might be an interdict (type of court order).
Severability. This clause is separate and divisible from the rest of this Agreement and remains effective even if the Agreement ends or is invalid.
Statute of limitations. Any claim or cause of action by a User or Business arising out of or related to the Agreement must (regardless of any statute or law to the contrary) be filed within 12 calendar months after the claim or cause of action arose or be forever barred.
Collection proceedings. We retain the right to institute collection proceedings in a court of law of competent jurisdiction for matters involving outstanding payment.
NOTICES AND DOMICILE
Notices. All notices, authorisations, disclosures, acknowledgements, and requests must be sent by hand, prepaid registered post, courier, facsimile, or electronic mail to the addresses and numbers provided on StoreStash. By providing contact information, each party consents to its use for administering the relationship by the other party and other third parties that help a party administer the relationship.
Domicile. Each party chooses its addresses and numbers provided on StoreStash as its domicilium citandi et executandi (its domicile for being served summons and execution levied) for all purposes.
Change of addresses and numbers. Each party may change the addresses and numbers provided on StoreStash.
Deemed Delivery. Notice will be deemed delivered on the date shown on the by hand, prepaid registered post, courier, facsimile or electronic mail confirmation of delivery.
Notice actually received. If a notice is actually received by a party, adequate notice will have been given.
CIRCUMSTANCES BEYOND CONTROL
No party will be responsible for any breach of the Agreement caused by circumstances beyond its control, including any breakdown or failure of power supply, the Internet, any telecommunications systems, or any computer hardware or software.
CESSION AND ASSIGNMENT
No User or Business may delegate its duties under the Agreement or assign its rights under the Agreement, in whole or in part. We may assign the Agreement to any successor or purchaser of its business or some of its assets.
GENERAL
Entire Agreement. The Agreement constitutes the entire agreement between the parties in respect of the subject matter of the Agreement.
Changes. The Agreement may be changed at any time by us and where this affects the rights and obligations of a User or Business, we will notify the User or Business of any changes by placing a notice in a prominent place on StoreStash (or by email). If a User or Business does not agree with the change the User or Business should stop using StoreStash. If a User or Business continues to use StoreStash following notification of a change to the Agreement, the changed terms will apply to the User or Business.
Fact related to StoreStash. A certificate, signed by an administrator of StoreStash, of any fact related to StoreStash(including the version of the Terms or dispute and what content was published or functionality was available on StoreStash at a specific point in time) will be conclusive irrefutable proof of the correctness of the certificate’s contents.
Waiver. No granting of time or forbearance will be, or be deemed to be, a waiver of the Agreement and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.
Severability. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the Agreement will have full force and effect, provided the severance does not alter the nature of the Agreement.
Governing Law and jurisdiction. As between us each User or Business, the Agreement is governed by and must be interpreted under the laws of the Republic of South Africa and each User or Business agrees to submit to the exclusive jurisdiction of the South African courts.
Right to reference. Each User or Business consents to us using its name in any marketing or sales material.

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Order Disclaimer

By clicking ‘Place Order’ you are agreeing to the Terms of Service and Privacy Policy of StoreStash PTY Ltd and www.storestash.com and that you have read and understood this disclaimer. You are also agreeing to the policies of the Stores/Businesses hosted on www.storestash.com with whom your order will be placed. These policies can be viewed on the individual store pages of these companies under “Our Policies” and may include but are not limited to Terms of Service agreements, Privacy Policies, Return Policies and General Disclaimers. All purchases made through www.storestash.com are subject to our Terms of Service and are processed between the buyer and seller only. StoreStash PTY Ltd is a marketplace service which hosts the online storefronts of individual businesses. StoreStash PTY Ltd will not be held liable or responsible under any circumstances for any undelivered, broken, damaged or unsatisfactory goods or services purchased from Storefronts hosted on www.storestash.com. Any and all claims, should they arise, must be taken up with the business/store with whom the order was placed and by clicking “Place Order” you agree to release StoreStash PTY Ltd from any and all claims or liability that may arise as a result of your order being placed with a business whose online storefront is hosted on www.storestash.com