Terms of Service

Top of Form

Updated September 19, 2017

By signing up for any of the services of WCS Designs Inc. or its affiliates (“WCS Designs”) you are considered to be a user (“User”), and are agreeing to be bound by the following terms and conditions (“Terms of Service”). Under its Terms of Service WCS Designs offers various products and services to help you sell goods and services to buyers, whether online, in person, or both. Any such services offered by WCS Designs are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the Services shall be also subject to the Terms of Service. You can review our Terms of Service at any time at WCS Designs reserves the right to update and change our Terms of Service by posting updates and changes to our 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 of Service before you may become a WCS Designs user.

  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 WCS Designs account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. WCS Designs may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that WCS Designs will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. WCS Designs 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 agree to be responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of WCS Designs will result in an immediate termination of your services.
  1. Account Activation

2.1 WCS Designs Account

  1. Subject to section 2.1.2, the person signing up for the Services will be the contracting party (“Account Owner”) and the User 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 Services.
  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Account you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 Apple Pay for Safari Account

  1. Upon completion of sign up for the Services, WCS Designs will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, WCS Designs may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third-Party Service, as defined in Section 16 of these Terms of Service.
  2. If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your store using Apple Pay.
  3. By using Apple Pay on your store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: https://www.WCS Designs.com/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your store.

2.3 Domain Names

  1. Upon purchasing a domain name through WCS Designs, domain registration will be preset to automatically renew each year so long as your WCS Designs Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
  1. General Conditions

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

  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 Manitoba 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 Manitoba with respect to any dispute or claim arising out of or in connection with the Terms of Service.
  3. You acknowledge and agree that WCS Designs may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on WCS Designs’ website, available at https://www.WCS Designs.com/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 WCS Designs’ 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 Services.
  4. You may not use the WCS Designs Services for any illegal or unauthorized purpose nor may you, in the use of the Services, 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 Manitoba. You will comply with all applicable laws, rules and regulations in your use of the Services.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Service without the express written permission by WCS Designs.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use WCS Designs or WCS Designs trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent to support@WCS Designs.com
  8. You understand that your Materials (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 Services, including information transmitted to or stored by WCS Designs, is governed by its privacy policy at https://www.WCS Designs.com/legal/privacy
  10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and WCS Designs’ Terms of Service available in another language, the most current English version of the Terms of Service at https://www.WCS Designs.com/legal/terms will prevail.
  1. WCS Designs Rights
  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
  2. We reserve the right to refuse to provide Services to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any WCS Designs customer, WCS Designs employee, member, or officer will result in immediate Account termination.
  5. WCS Designs does not pre-screen materials and it is in our sole discretion to refuse or remove any materials from the Services.
  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 WCS Designs employees and contractors may also be WCS Designs 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. WCS Designs 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, WCS Designs reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
  1. Limitation of Liability
  1. You expressly understand and agree that WCS Designs, or its suppliers, 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 Services, or arising out of or in connection with our site, or these Terms of Service (however arising including negligence).
  2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, WCS Designs 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 AUP), 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. WCS Designs does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. WCS Designs does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. WCS Designs does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  1. Waiver and Complete Agreement

The failure of WCS Designs 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 and the documents it incorporates by reference constitute the entire agreement between you and WCS Designs and govern your use of the Service, superseding any prior agreements between you and WCS Designs (including, but not limited to, any prior versions of the Terms of Service).

  1. Intellectual Property and Customer Content
  1. We do not claim any intellectual property rights over the materials you provide to the WCS Designs service. All materials you upload remains yours. You can remove your WCS Designs store at any time by deleting your Account.
  2. By uploading materials, you agree: (a) to allow other internet users to view the materials you post publicly to your store; (b) to allow WCS Designs to store, and in the case of materials you post publicly, display, your materials; and (c) that WCS Designs can, at any time, review all the materials submitted to its Service, although WCS Designs is not obligated to do so.
  3. You retain ownership over all materials that you upload to a WCS Designs store; however, by making your store public, you agree to allow others to view materials that you post publicly to your store. You are responsible for compliance of the materials 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. WCS Designs 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.
  1. Theme Store
  1. You may establish the appearance of your WCS Designs store with a design template from WCS Designs’ Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. To initiate a transfer of a Theme to a second one of your stores, please email support@WCS Designs.com. You are not permitted to transfer or sell a Theme to any other person’s store on WCS Designs or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. WCS Designs gives no assurance that a particular Theme will remain available for additional downloads.
  2. You may modify the Theme to suit your store. WCS Designs may add or modify the footer that refers to WCS Designs at its discretion. WCS Designs may modify the Theme where it contains, in our sole discretion, an element that violates the WCS Designs AUP or the Terms of Service, even if you received the Theme in that condition. WCS Designs may modify the Theme to reflect technical changes and updates as required.
  3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and WCS Designs may take administrative action such as modifying your store or closing your store.
  4. Technical support for a Theme is the responsibility of the designer, and WCS Designs accepts no responsibility to provide such support. WCS Designs may be able to help you contact the designer.
  5. It is the responsibility of the User, and not WCS Designs, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the User.
  1. 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. WCS Designs will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and WCS Designs 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 Canadian 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 WCS Designs’ discretion. 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 WCS Designs 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 WCS Designs’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 WCS Designs’s products and Services, including without limitation, your subscription to or purchase of WCS Designs’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. 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@WCS Designs.com.
  8. WCS Designs does not provide refunds.
  1. Cancellation and Termination
  1. You may cancel your Account at anytime by emailing support@WCS Designs.com and then following the specific instructions indicated to you in WCS Designs’ response.
  2. Upon termination of the Services by either party for any reason:
    1. WCS Designs 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 WCS Designs 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 WCS Designs, 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 WCS Designs Service or your Account for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, WCS Designs may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity in connection with the Site.
  1. Modifications to the Service and Prices
  1. Prices for using the Services are subject to change upon 30 days notice from WCS Designs. Such notice may be provided at any time by posting the changes to the WCS Designs Site (WCS Designs.com) or the administration menu of your WCS Designs store via an announcement.
  2. WCS Designs 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. WCS Designs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  1. 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, WCS Designs’ partners or other third parties.
  2. WCS Designs 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 WCS Designs 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 WCS Designs’ 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 WCS Designs 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 WCS Designs’ websites, including the WCS Designs 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 WCS Designs. WCS Designs 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. WCS Designs is not responsible for any disclosure, modification or deletion of your data or other Materials, 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 other Materials.
  5. Google Maps is a Third-Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
  6. Under no circumstances shall WCS Designs 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 WCS Designs has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, WCS Designs partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service or your relationship with a Third Party Provider.

Top of Form