Terms of Service
Hi and welcome to Hiplee
These Terms of Service (“Terms”) govern your access to and use of the Hiplee website, apps, APIs, and widgets (the “Service”) of Hiplee Limited, NZ Company number 6657353 (“Hiplee”). Please read these Terms carefully – and contact us if you have any questions – as they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.
Hiplee reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Service or Site. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.
1. Our Service
Hiplee helps Fashion e-commerce merchants enjoy greater success. To do that, we provide a range of applications. To provide our Service we need to be able to identify your e-commerce site and information about it’s products and customers.
2. You can use Hiplee
You may use Hiplee only if you can legally form a binding contract with Hiplee, and only in compliance with these Terms and all applicable laws. When you create your Hiplee account, you must provide us with accurate and complete information. You warrant that you are a human, and not a computer service or automated “bot”. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Hiplee if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Hiplee has been provided to us. Using Hiplee may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
You understand that Hiplee uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Hiplee, we reserve the right to limit your bandwidth to the Service.
b. Our Licence to you
Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
3. Enjoying Hiplee
3.1. Free and Premium Service
Certain Hiplee services are provided to you free-of-charge. Other Hiplee services require payment before you can access them. The Hiplee services that may be accessed after payment are currently referred to as the “Premium Service”. The Hiplee service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website, hiplee.ai.
From time to time, we or others on our behalf may offer trials of Premium Service for a specified period without payment or at a reduced rate (a “Trial”). Hiplee reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some trials, we may require you to provide your payment details to start the trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your Hiplee Admin page or terminate your Hiplee account before the end of the trial.
If you do not want to continue to be charged on a recurring basis, you must cancel the applicable paid subscription through your Hiplee Admin page or terminate your Hiplee account before the end of the recurring monthly period. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Hiplee will not refund any fees that you have already paid. The limitation section sets forth additional terms regarding cancellation of your paid subscription.
4. Payments, Refunds, Upgrading / Downgrading
Hiplee may bill you directly or via a third party (e.g., Shopify).
If being billed directly, a valid credit card is required for paying accounts. A valid credit card must be added to your account via the Account > Billing page. Your credit card statement will show a payment to “Hiplee”.
There is no charge for the Free Service. The Premium Service is billed in advance every month and is non-refundable. However, Hiplee will charge your credit card a prorated amount for any upgrade or downgrade in plan level.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Hiplee does not accept any liability for such loss.
The Premium free trial will begin the day the Premium account is opened and will end when the trial period has ended.
5. Cancelling your Account
Hiplee accounts can be cancelled in the app by the user at anytime by completing the cancellation process. This will mean:
- Your account will be deactivated and can no longer be accessed;
- Your account will no longer be charged;
- All of your rights granted under these Terms will immediately come to an end; and
- All of your data and content may be deleted from our systems (on request).
We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Hiplee may terminate or suspend your right to access or use the Service for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines. Upon termination, you continue to be bound by these Terms.
We care about the security of our users. While we work to protect the security of your account and content, Hiplee can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
7. Third party links, sites, and services
Hiplee contains links to third party websites, advertisers, services, special offers, and other events or activities that are not owned or controlled by Hiplee. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Hiplee, you do so at your own risk and you agree that Hiplee has no liability arising from your use of or access to any third party website, service, or content.
8. Your content
a. Posting public content
Hiplee allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on Hiplee is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Hiplee.
b. How Hiplee and other users can use your content
You grant Hiplee and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Hiplee solely for the purposes of operating, developing, providing, and using Hiplee. Nothing in these Terms restricts other legal rights Hiplee may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Hiplee, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
c. How long we keep your content
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Hiplee more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Hiplee doesn’t waive any rights to use similar or related feedback previously known to Hiplee, or developed by its employees, or obtained from sources other than you.
You must not violate any laws in your jurisdiction, including but not limited to any copyright laws. You acknowledge that the Service is licensed to you and that Hiplee retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights).
You agrees not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Hiplee’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Hiplee (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
Hiplee claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.
Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Hiplee or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Hiplee customer, employee, member, or officer.
10. Service and Pricing Modification
Hiplee reserves the right to modify or remove parts of the Service at any time. Hiplee will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from Hiplee. Such notice may be provided by posting the changes to the Site or the Service itself.
Hiplee shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The Service is provided “as-is” and Hiplee disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade.
Hiplee cannot guarantee and does not promise (i) specific results from use of the Service, (ii) that the service will meet your specific requirements, (iii) that the service will be uninterrupted, Hiplee, secure, or error-free, (iv) that the results that may be obtained from the use of the service will be accurate or reliable, (v) that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (vi) that any errors in the Service will be corrected.
Except in jurisdictions where such provisions are restricted, in no event will Hiplee or any of Hiplee’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Hiplee has been advised of the possibility of such damages.
Hiplee takes no responsibility and assumes no liability for any Content posted or sent using the Site or our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you’re a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. Hiplee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Hiplee is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hiplee without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, Hiplee may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment, you are entitled to terminate the agreement with immediate effect by deactivating your account. Hiplee will provide you with reasonable notice of any such assignment.
13. Entire agreement/severability
You agree to indemnify and hold Hiplee, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms or your violation of any law or the rights of a third party.
15. No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hiplee’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise or replace these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use Hiplee after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Hiplee.
17. General Terms
These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
18. Contact Us
If you have any questions about these Terms, please contact us. Our contact details are available on our Hiplee.ai website.
Effective Date: 20 February, 2019