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Buyer Terms and Conditions

Last updated on: September 13, 2016

By signing up to the Tagzie Limited (“Tagzie”) service as a buyer (“Service”) or any of the services offered by Tagzie you agree to be bound by the following terms and conditions (“Terms of Use”). The Services offered by Tagzie under these Terms of Use include facilitating the purchase of goods and services (“Products”) from our registered sellers (“Merchants”) via platforms such as social networks, the Tagzie websites or apps. Any new features or tools which are added to the current Service shall be also subject to these Terms of Use. You can review the current version of the Terms of Use at any time at https://www.tagzie.com/legal/terms. Tagzie reserves the right to update and change these Terms of Use by posting updates and changes to the Tagzie website. It is recommended that you check the Terms of Use from time to time for any updates or changes that may impact you.

You must review, agree with and accept all of the terms and conditions contained in this Terms of Use agreement and Tagzie’s Privacy Policy before using the Service. All policy documents can be found online: https://www.tagzie.com/legal/terms.

1. Account Terms

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.

To access and use the Services, you must register for a Tagzie account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Tagzie may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

By providing an email address (either directly, or as associated with your relevant social network profile), you acknowledge that Tagzie will use such email address as the primary method for communication, unless stated otherwise.

You are responsible for keeping your password secure. Tagzie cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

A breach or violation of any term in the Terms of Use as determined in the sole discretion of Tagzie will result in an immediate termination of your services.

2. Account Activation

The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of these Terms of Use and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Use.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Use and the Privacy Policy before you may become a member of Tagzie.

Technical support is provided to Account holders and is only available via email. You will also be provided with the contact details of any Merchants that you purchase Products from.

The Terms of Use shall be governed by and interpreted in accordance with the laws of England and Wales. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of England and Wales with respect to any dispute or claim arising out of or in connection with the Terms of Use.

You acknowledge and agree that Tagzie may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on Tagzie’s website, available at https://www.tagzie.com/legal/terms and such amendments to the Terms of Use are effective as of the date of posting. Your continued use of the Services after the amended Terms of Use are posted to Tagzie’s website constitutes your agreement to, and acceptance of, the amended Terms of Use. If you do not agree to any changes to the Terms of Use, do not continue to use the Service, and contact us at support@tagzie.com to arrange the termination of your account.

You may not use the Tagzie service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws of England and Wales. You will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tagzie.

Questions about the Terms of Use should be sent to support@tagzie.com.

Any personal data, including Credit Card information, is provided to Tagzie as the data controller, and our payment processor, Stripe Payments UK, Limited (“Stripe”) as the data processor. As data controller, Tagzie will be registered with the Information Commissioner’s Office by October 20th 2016 and this policy will be updated with our registration information. We comply with our obligations under the Data Protection Act 1998. As data processor, Stripe transfers personal data (including cardholder data) to its affiliate, Stripe Inc, which stores and processes this personal data on servers located in the US. To ensure the adequate protection of data transferred outside of EU member states, Stripe employs appropriate mechanisms to allow for the lawful onward transfer of personal data under the EU Data Directive. By using the Service, you consent to Tagzie sharing your personal data with Stripe, including information that we may collect directly from you, or via cookies or other means.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by Tagzie, is governed by our privacy policy at https://www.tagzie.com/legal/privacy The Terms of Use may be available in languages other than English. In the case of any inconsistencies or conflicts between these English Terms of Use and Tagzie’s Terms of Use available in another language, the current English version will prevail.

All activity and conduct via the Service must be in accordance with our Buying Guidelines, available online by October 20th 2016. This policy will be updated when Buying Guidelines are published.

Any off-platforms purchases that you make or attempt to make is not permitted and persistent off-platform purchases may result, at Tagzie’s sole discretion, in the termination of your account.

4. Tagzie Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tagzie customer, Tagzie employee, member or officer will result in immediate Account termination.

Tagzie does not pre-screen Posted Content and it is in our sole discretion to refuse or remove any Posted Content that is available via the Service.

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 certified copy of your government issued photo ID, the last four digits of the credit card on file, a certified copy of a recent utility bill etc.

Tagzie 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, Tagzie reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

You expressly agree that Tagzie 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.

In no event shall Tagzie 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 Use (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tagzie partners, officers, directors, agents, employees and suppliers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

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.

Tagzie does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Tagzie does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Tagzie does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Tagzie will not be liable for any issues caused by events such as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strife, riots, war, terrorist attack, non-performance or our payment processor, acts of God, or other causes over which Tagzie has no reasonable control.

6. Waiver and Complete Agreement

The failure of Tagzie to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Tagzie and govern your use of the Service, superseding any prior agreements between you and Tagzie (including, but not limited to, any prior versions of the Terms of Use).

7. Intellectual Property

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 to disclose by law.

Under no circumstances shall Tagzie be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction via the Service or any resulting contractual relationship between yourself and a Merchant. These limitations shall apply even if Tagzie has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

8. Cancellation and Termination

You may cancel your Account at any time by emailing support@tagzie.com and following the instructions which will be provided in Tagzie's response.

Upon termination of the Services by either party for any reason, Tagzie will cease providing you with the Services and you will no longer be able to use the Service.

We reserve the right to modify or terminate the Tagzie Service or your Account for any reason, without notice at any time.

Without limiting any other remedies, Tagzie 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 Site.

If your Instagram or other relevant social media account is terminated for any reason, your Tagzie account will remain active. You may continue to access your Existing purchases, but will not be able to make any new purchases. You will need to contact Tagzie (email support@tagzie.com) so an alternative means of login can be arranged.

9. Modifications

Tagzie 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.

10. Third Party Services

In addition to these Terms of Use, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Tagzie’s partners or other third parties.

Tagzie 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. 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 Tagzie’s 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.

We do not provide any warranties with respect to Third Party Services. You acknowledge that Tagzie 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 Tagzie’s websites, including the Tagzie app, 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 Tagzie. Tagzie 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.

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. Tagzie is not responsible for any disclosure, modification or deletion of your data or Posted Content, 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 Posted Content.

Under no circumstances shall Tagzie 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 Tagzie has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tagzie partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

11. IP Infringement and Takedown Procedure

Tagzie supports the protection of intellectual property. It's our policy to respond to all notices of alleged copyright infringement. If you believe that one of our merchants are infringing upon your intellectual property rights, you can send an infringement notice to us by contacting copyright@tagzie.com. Upon receiving an infringement, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. You, as the original complainant, then have 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we will restore the material. For more information, please contact us at copyright@tagzie.com.

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Seller Terms and Conditions

Last updated on: September 13, 2016

By signing up for the Tagzie service (“Service”) or any of the services offered by Tagzie Limited (“Tagzie”) you agree to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Tagzie under these Terms of Service include a number of products and services to help you create and manage retail sales via social media platforms, including but not limited to Instagram. Any new features or tools which are added to the current Service shall be also subject to these Terms of Service. You can review the current version of the Terms of Service at any time at https://www.tagzie.com/legal/terms. Tagzie reserves the right to update and change these Terms of Service by posting updates and changes to the Tagzie website. It is recommended that you check the Terms of Service from time to time for any updates or changes that may impact you.

You must review, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Tagzie’s Privacy Policy before using the Service.

1. Account Terms

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.

To access and use the Services, you must register for a Tagzie account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Tagzie may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

By providing an email address (either directly, or as associated with your relevant social network profile), you acknowledge that Tagzie will use such email address as the primary method for communication, unless stated otherwise.

You are responsible for keeping your password secure. Tagzie 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 photographs and product descriptions that is uploaded using your Tagzie Account (“Posted Content”).

A breach or violation of any term in the Terms of Service as determined in the sole discretion of Tagzie will result in an immediate termination of your services.

2. Account Activation

The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. General Conditions

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

Technical support is provided to Account holders and is only available via email, unless your subscription level includes additional support.

The Terms of Service shall be governed by and interpreted in accordance with the laws of England and Wales. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of England and Wales with respect to any dispute or claim arising out of or in connection with the Terms of Service.

You acknowledge and agree that Tagzie may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Tagzie’s website, available at https://www.tagzie.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 Tagzie’s 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 Service, and contact us at support@tagzie.com to arrange the termination of your account.

You may not use the Tagzie service for any illegal or unauthorised purpose nor may you, in the use of the Service, 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 England and Wales. You will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tagzie.

Questions about the Terms of Service should be sent to support@tagzie.com.

You understand that your Posted Content (excluding any confidential information such as personal details or 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.

Any personal data, including Credit Card information, is provided to Tagzie as the data controller, and our payment processor, Stripe Payments UK, Limited (“Stripe”) as the data processor. As data controller, Tagzie will be registered with the Information Commissioner’s Office by October 20th 2016 and this policy document will be updated with our registration details. We comply with our obligations under the Data Protection Act 1998. As data processor, Stripe transfers personal data (including cardholder data) to its affiliate, Stripe Inc, which stores and processes this personal data on servers located in the US. To ensure the adequate protection of data transferred outside of EU member states, Stripe employs appropriate mechanisms to allow for the lawful onward transfer of personal data under the EU Data Directive. By using the Service, you consent to Tagzie sharing your personal data with Stripe, including information that we may collect directly from you, or via cookies or other means.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by Tagzie, is governed by its privacy policy at https://www.tagzie.com/legal/privacy

The Terms of Service may be available in languages other than English. In the case of any inconsistencies or conflicts between these English Terms of Service and Tagzie’s Terms of Service available in another language, the current English version will prevail.

All Posted Content and sales must be conducted in accordance with our Seller’s Charter, which will be available by launch on October 20th 2016. This policy will be updated then to include a link to the Seller’s Charter.

Any off-platforms sales made after posting a product using the Service is not permitted and persistent off-platform sales may result, at Tagzie’s sole discretion, in the termination of your account. For the avoidance of doubt, an off-platform sale results after a buyer has been introduced to you via the Service, but a sale has not been completed with that buyer via the Service.

4. Tagzie Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Posted Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tagzie customer, Tagzie employee, member or officer will result in immediate Account termination.

Tagzie does not pre-screen Posted Content and it is in our sole discretion to refuse or remove any Posted Content that is available via the Service.

We reserve the right to provide our services to your competitors and we make no promise of exclusivity in any particular market segment, unless expressly agreed as part of a custom seller package. You further acknowledge and agree that Tagzie employees and contractors may also be Tagzie customers/merchants and that they may compete with you, although they must 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 certified copy of your government issued photo ID, the last four digits of the credit card on file, a certified copy of a recent utility bill, etc.

Tagzie 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, Tagzie reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

You expressly agree that Tagzie 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.

In no event shall Tagzie 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, Tagzie partners, officers, directors, agents, employees and suppliers harmless from any claim or demand, including reasonable legal 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, or your violation of any law or the rights of a third party.

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.

Tagzie does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Tagzie does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Tagzie does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Tagzie will not be liable for any issues caused by events such as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strife, riots, war, terrorist attack, non-performance or our payment processor, acts of God, or other causes over which Tagzie has no reasonable control.

6. Waiver and Complete Agreement

The failure of Tagzie 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 constitutes the entire agreement between you and Tagzie and govern your use of the Service, superseding any prior agreements between you and Tagzie (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

By uploading Posted Content, you agree: (a) to allow other internet users to view your Posted Content; (b) to allow Tagzie to display and store your Posted Content; and (c) that Tagzie can, at any time, review all the Posted Content submitted by you to its Service.

You represent and warrant that (i) you own the Posted Content or otherwise have the right to grant the rights and licences set forth in these Terms of Service; (ii) Posted Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Posted Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

You are responsible for compliance of Posted Content with any applicable laws or regulations, including any applicable terms of use of the relevant social network, including but not limited to Instagram’s Community Guidelines.

Tagzie does not claim ownership of any Posted Content. Instead, you hereby grant to Tagzie a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide licence to use the Posted Content, including but not limited to on the Tagzie website (www.tagzie.com) and on marketing materials, subject to our privacy policy https://www.tagzie.com/legal/privacy.

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 to disclose by law.

8. Posted Content

Tagzie does not pre-screen Posted Content and we may refuse or remove any Posted Content in our sole discretion. We may, but have no obligation to, review and remove Posted Content containing content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, counterfeit, pornographic, obscene or otherwise objectionable or in violation of any intellectual property rights or the Terms of Service (including those of the relevant social network, including but not limited to Instagram’s terms of use). For the avoidance of doubt, the following businesses are prohibited: Financial and professional services such as Investment & credit services (i.e. securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; lending instruments), Money and legal services (i.e. Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm), Virtual currency or stored value (i.e. Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller). IP Infringement, regulated or illegal products and services such as: Intellectual property or proprietary rights infringement (i.e. Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party), Counterfeit or unauthorized goods (i.e. Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported), Gambling (i.e. Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance), Regulated products and services (i.e. Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a jurisdictional basis). Adult content and services (i.e. Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features). Unfair, predatory, or deceptive practices such as Get rich quick schemes, Investment opportunities or other services that promise high rewards, Mug shot publication or pay-to-remove sites (i.e. the facilitation of the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm), No-value-added services (i.e. Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers). Other prohibited products or services such as Aggregation (i.e. Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds), Drug paraphernalia (i.e. Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs), High risk businesses (i.e. Bankruptcy lawyers; computer technical support; psychic services; travel reservation services and clubs; airlines; cruises; timeshares; prepaid phone cards, phone services, and cell phones; telemarketing, telecommunications equipment and telephone sales; drop shipping; forwarding brokers; negative response marketing; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies), Multi-level marketing (i.e. Pyramid schemes, network marketing, and referral marketing programs); Pseudo pharmaceuticals (i.e. Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body), Social media activity (i.e. Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity), Substances designed to mimic illegal drugs (i.e. sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)), Video game or virtual world credits (i.e. Sale of in-game currency unless the merchant is the operator of the virtual world. The above list is not exhaustive and may be amended at any time.

You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Posted Content, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.

Under no circumstances shall Tagzie be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Service or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if Tagzie has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

9. Payment of Fees

You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”).

You must keep a valid credit or debit card on file with us to pay for all incurred and recurring Fees. Tagzie will charge applicable Fees to the credit or debit card account that you authorise (“Authorised Card”), and Tagzie will continue to charge the Authorised 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 your local currency

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 Tagzie’s 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 Tagzie administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

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”).

10. Cancellation and Termination

You may cancel your Account at any time by emailing support@tagzie.com and following the instructions which will be provided in Tagzie's response.

Upon termination of the Services by either party for any reason, Tagzie will cease providing you with the Services and your account will revert to the free membership tier; unless otherwise provided in these Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Tagzie for your use of the Services through the effective date of such termination will immediately become due and payable in full.

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 unless you later arrange to upgrade your account to a paid tier.

We reserve the right to modify or terminate the Tagzie Service or your Account for any reason, without notice at any time.

Without limiting any other remedies, Tagzie 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 Site.

If your Instagram or other relevant social media account is terminated for any reason, your Tagzie account will remain active. You may continue to access your merchant dashboard, and manage existing sales; however you will not be able to post new products. In the event of termination of your Tagzie account, you must contact Tagzie at support@tagzie.com to arrange for your account to be downgraded as relevant to prevent you incurring any additional fees.

11. Modifications and Pricing

Prices for using the Services are subject to change upon 30 days’ notice from Tagzie. Such notice may be provided at any time by posting the changes to the Tagzie Site (www.tagzie.com) or the merchant dashboard via an announcement.

Tagzie 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.

Tagzie shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

In the event that a buyer initiates a chargeback, for example if they have not received their goods or they are significantly not as described, you will incur a £15 fee.

12. Third Party Services

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, Tagzie’s partners or other third parties.

Tagzie 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. 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 Tagzie’s 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.

We do not provide any warranties with respect to Third Party Services. You acknowledge that Tagzie 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 Tagzie’s websites, including the Tagzie app, 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 Tagzie. Tagzie 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.

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. Tagzie is not responsible for any disclosure, modification or deletion of your data or Posted Content, 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 Posted Content.

Under no circumstances shall Tagzie 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 Tagzie has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tagzie partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

13. IP Infringement and Takedown Procedure

Tagzie supports the protection of intellectual property and asks Tagzie merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants are infringing upon their intellectual property rights, they can send an infringement notice to us by emailing us on copyright@tagzie.com. Upon receiving an infringement, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we will restore the material. For more information, please contact us at copyright@tagzie.com.

Image Attribution Copyright: foxaon / 123RF Stock Photo Copyright: everythingpossible / 123RF Stock Photo Copyright: wetzkaz / 123RF Stock Photo Copyright: fgnopporn / 123RF Stock Photo Copyright: dogfella / 123RF Stock Photo Copyright: leaf / 123RF Stock Photo Copyright: antonioguillem / 123RF Stock Photo

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Patent pending.

Disclaimer: Tagzie is a social commerce platform that allows sellers and businesses to sell over Instagram and other social networks. Tagzie is not affiliated with Instagram or any other social network in any way and is a separate service altogether. Whilst Tagzie closely moderates items listed on its marketplace, Tagzie accepts no responsibility for the products listed or outcomes of your purchase.

© Tagzie Limited 2017. Company registered in England and Wales (Company No: 09956906). Registered address: 32 Thistlebank, East Leake, Loughborough, LE12 6RS, United Kingdom.