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’ 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 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 the 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
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