Rules and Restrictions
Rules and Restrictions
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Terms of Service
By signing up for a Minihomy Partners Account or by using
any Minihomy Partners 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 “Minihomy
Partners” means the applicable Minihomy Partners Contracting
Party.
The services offered by Minihomy Partners 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 Minihomy Partners 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://minihomy.shop/terms-of-use/
Minihomy Partners reserves the right to update and change
the Terms of Service by posting updates and changes to the
Minihomy Partners 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 Minihomy Partners’s Acceptable Use
Policy (“AUP”) and Privacy Policy, and, if applicable, the
Minihomy Partners API License and Terms of Use (“API Terms”)
and the Minihomy Partners Data Processing Addendum (“DPA”)
before you may sign up for a Minihomy Partners Account or
use any Minihomy Partners Service.
Everyday language summaries are provided for convenience
only and appear in bold under each section, but these
summaries are not legally binding. Please read the Terms of
Service, including any document referred to in these Terms
of Service, for the complete picture of your legal
requirements. By using Minihomy Partners or any Minihomy
Partners services, you are agreeing to these terms. Be sure
to occasionally check back for updates.
Account Terms
To access and use the Services, you must register for a
Minihomy Partners account (“Account”) by providing your full
legal name, current address, phone number, a valid email
address, and any other information indicated as required.
Minihomy Partners 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
Minihomy Partners for the purposes of carrying on a business
activity and not for any personal, household or family
purpose.
You acknowledge that Minihomy Partners 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.
Minihomy Partners cannot and will not be liable for any loss
or damage from your failure to maintain the security of your
Account and password.
You are 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”).
A breach or violation of any term in the Terms of Service,
including the AUP, as determined in the sole discretion of
Minihomy Partners may result in an immediate termination of
your Services.
Account Activation
Subject to section 2.1(2), the person signing up for the
Service by opening an Account will be the contracting party
(“Store 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 Store Owner in
connection with the Service.
If you are signing up for the Services on behalf of your
employer, your employer shall be the Store Owner. If you are
signing up for the Services on behalf of your employer, then
you must use your employer-issued email address and you
represent and warrant that you have the authority to bind
your employer to our Terms of Service.
Your Minihomy Partners Store can only be associated with one
Store Owner. A Store Owner may have multiple Minihomy
Partners Stores. “Store” means the online store or physical
retail location(s) associated with the Account.
Domain Names
Upon purchasing a domain name through Minihomy Partners, domain registration will be preset to automatically renew each year so long as your Minihomy Partners Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
Minihomy Partners 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 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.
Verbal or written abuse of any kind (including threats of
abuse or retribution) of any Minihomy Partners customer,
Minihomy Partners employee, member, or officer will result
in immediate Account termination.
Minihomy Partners does not pre-screen Materials and it is in
our sole discretion to refuse or remove any Materials from
the Service, including your Store.
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 Minihomy Partners employees and contractors may also be
Minihomy Partners 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.
Minihomy Partners retains the right to determine, in our
sole judgment, rightful Account ownership and transfer an
Account to the rightful Store Owner. If we are unable to
reasonably determine the rightful Store Owner, without
prejudice to our other rights and remedies, Minihomy
Partners reserves the right to temporarily disable an
Account until resolution has been determined between the
disputing parties.
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. Minihomy Partners’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.
Limitation of Liability
You expressly understand and agree that, to the extent
permitted by applicable laws, Minihomy Partners 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 Minihomy Partners 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, Minihomy
Partners 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.
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.
Minihomy Partners does not warrant that the Services will be
uninterrupted, timely, secure, or error-free.
Minihomy Partners does not warrant that the results that may
be obtained from the use of the Services will be accurate or
reliable.
Minihomy Partners 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.
Cancellation and Termination
You may cancel your Account and terminate the Terms of
Service at any time by contacting Minihomy Partners Support
and then following the specific instructions indicated to
you in Minihomy Partners response.
Upon termination of the Services by either party for any
reason:
Minihomy Partners 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 Minihomy Partners 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 Minihomy Partners,
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 Minihomy
Partners 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, Minihomy
Partners 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.
Mini Homy LLC
364 E Main Street
Middletown, DE 19709
United States
Privacy Policy
Trust is the foundation of the Minihomy Partners platform and includes trusting us to do the right thing with your information. Three main values guide us as we develop our products and services. These values should help you better understand how we think about your information and privacy.
Your information belongs to you
We carefully analyze what types of information we need to provide our services, and we try to limit the information we collect to only what we really need. Where possible, we delete or anonymize this information when we no longer need it. When building and improving our products, our engineers work closely with our privacy and security teams to build with privacy in mind. In all of this work our guiding principle is that your information belongs to you, and we aim to only use your information to your benefit.
We protect your information from others
If a third party requests your personal information, we will refuse to share it unless you give us permission or we are legally required. When we are legally required to share your personal information, we will tell you in advance, unless we are legally forbidden.
We help merchants and partners meet their privacy obligations
Many of the merchants and partners using Minihomy Partners do not have the benefit of a dedicated privacy team, and it is important to us to help them meet their privacy obligations. To do this, we try to build our products and services so they can easily be used in a privacy-friendly way. We also provide detailed FAQs, documentation and whitepapers covering the most important privacy topics, and respond to privacy-related questions we receive.
Why we process your information
We generally process your information when we need to do so
to fulfill a contractual obligation (for example, to process
your subscription payments to use the Minihomy Partners
platform), or where we or someone we work with needs to use
your personal information for a reason related to their
business (for example, to provide you with a service).
European law calls these reasons “legitimate interests.”
These “legitimate interests” include:
We only process personal information for these “legitimate interests” after considering the potential risks to your privacy—for example, by providing clear transparency into our privacy practices, offering you control over your personal information where appropriate, limiting the information we keep, limiting what we do with your information, who we send your information to, how long we keep your information, or the technical measures we use to protect your information.
One of the ways in which we are able to help merchants using Minihomy Partners is by using techniques like “machine learning” (European law refers to this as “automated decision-making”) to help us improve our services. When we use machine learning, we either: (1) still have a human being involved in the process (and so are not fully automated); or (2) use machine learning in ways that don’t have significant privacy implications (for example, reordering how apps might appear when you visit the app store).
Your rights over your information
We believe you should be able to access and control your
personal information no matter where you live. Depending on
how you use Minihomy Partners, you may have the right to
request access to, correct, amend, delete, port to another
service provider, restrict, or object to certain uses of
your personal information (for example, direct marketing).
We will not charge you more or provide you with a different
level of service if you exercise any of these
rights.
If you buy something from a Minihomy Partners-powered store
and wish to exercise these rights over information about
your purchase, you need to directly contact the merchant you
interacted with. We are only a processor on their behalf,
and cannot decide how to process their information. As such,
we can only forward your request to them to allow them to
respond. We will of course help our merchants to fulfill
these requests by giving them the tools to do so and by
answering their questions.
Please note that if you send us a request relating to your
personal information, we have to make sure that it is you
before we can respond. In order to do so, we may ask to see
documentation verifying your identity, which we will discard
after verification.
If you would like to designate an authorized agent to
exercise your rights for you, please email us from the email
address we have on file for you. If you email us from a
different email address, we cannot determine if the request
is coming from you and will not be able to accommodate your
request. In your email, please include the name and email
address of your authorized agent.
If you are not happy with our response to a request, you can
contact us to resolve the issue. You also have the right to
contact your local data protection or privacy authority at
any time.
Finally, because there is no common understanding about what
a “Do Not Track” signal is supposed to mean, we don’t
respond to those signals in any particular way.