Terms - Merchants

Merchant Terms and Conditions

ShoppersEdge Merchant Accounts

 

These Terms of Service govern the use of the SHOPPERSEDGE Service as described below (the " SHOPPERSEDGE Service"). By checking "Agree" on the Merchant Sign Up page you are agreeing to the Merchant Terms and Conditions. If you do not agree to these terms, do not click "I agree" and do not use the  SHOPPERSEDGE Service. If you do not accept these Terms of Service, you should not use the SHOPPERSEDGE Service or Website.

 

Changes to Terms of Service:

SHOPPERSEDGE Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the "Terms of Service" link located at the bottom of the  SHOPPERSEDGE website. You should periodically visit the Terms of Service page on SHOPPERSEDGE's website so you are aware of the terms and conditions that apply to your use of the  SHOPPERSEDGE Service and website. Your continued use of the SHOPPERSEDGE Service and website will represent your acceptance of the most current Terms of Service.

 

Description of  SHOPPERSEDGE Service:

The  SHOPPERSEDGE Service is provided by  SHOPPERSEDGE, Inc. ("us" or "we"), 667 Little Britain Road, New Windsor, NY 12553. The  SHOPPERSEDGE Service is a mobile advertising service that provides you the capability to communicate with potential customers through SMS text message or the mobile web. Please direct all questions regarding the  SHOPPERSEDGE Service to:  SHOPPERSEDGE Customer Service, 667 Little Britain Road New Windsor, New York, 12553.  SHOPPERSEDGE reserves the right in its sole and absolute discretion to change how it operates the SHOPPERSEDGE Service and website. You should not consider any description of how the SHOPPERSEDGE Service works to be a representation or obligation with respect to how the  SHOPPERSEDGE Service will work in the future.

 

Activating the  SHOPPERSEDGE Service:

In order to access and use the  SHOPPERSEDGE Service, you must open an account online (" SHOPPERSEDGE Account"). During online set-up of your FRUGALDOO Account, these Terms of Service will be provided electronically. You can request printable/downloadable version of these Terms of Service before selecting "I Agree" by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Billing:

By using the SHOPPERSEDGE Service you are expressly agreeing that  SHOPPERSEDGE is authorized to charge you the amount specified in the Merchant Agreement The amount collected is for advertising services plus sales tax if applicable and other fees related to your Merchant Agreement. You expressly agree that  SHOPPERSEDGE, Inc. may extend your use of the  SHOPPERSEDGE Service by charging the payment method you provided during registration (or to a different Payment Method if you change your account information). The Services charges, applicable taxes, and any other fees incurred will automatically be charged to your  SHOPPERSEDGE Account. Fees are payable only in U.S. dollars.  SHOPPERSEDGE may change the fees and charges in effect, or add new fees and charges from time to time. There may be a temporary disruption of your access to the SHOPPERSEDGE Service until  SHOPPERSEDGE can verify the validity of any new credit or debit card information.

 

Service Restrictions:

Positioning. Except as otherwise expressly provided in the Merchant Agreement, positioning of advertisements within the SHOPPERSEDGE, Inc. network is at the sole discretion of  SHOPPERSEDGE, Inc.

 

Return Policy:

No Refunds - All Sales are Final

 

Product and Pricing:

Merchant Account $299 per year, providing full access to all ShoppersEdge services and up to 24 @MobileID push messages. Additional push messages can be purchased separately. Contact our Business office for pricing.

 

Customer Privacy:

SHOPPERSEDGE collects and maintains personally identifiable information concerning our customers. This information includes, but is not limited to, billing records, maintenance and repair records, marketing information, and customer feedback. SHOPPERSEDGE maintains a privacy policy that may be accessed through our website at: http://www.shoppersedge.com/index.php/about-us/privacy-policy. We reserve the right to make changes to the privacy policy at any time and for any reason.

 

Account Access:

You are responsible for maintaining the confidentiality of your account information, including but not limited to your account password and for restricting access to your computer or mobile device. You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the SHOPPERSEDGE website. If you believe that you may be victim of identity theft involving your SHOPPERSEDGE account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. SHOPPERSEDGE reserves the right to place any account on hold anytime with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. SHOPPERSEDGE is not obligated to credit or discount a membership for holds placed on the account by either a representative of SHOPPERSEDGE or by the automated processes of SHOPPERSEDGE.

 

Termination by SHOPPERSEDGE:

We reserve the right to terminate your SHOPPERSEDGE Account and/or your use and access to the SHOPPERSEDGE Service at any time with or without cause. If your SHOPPERSEDGE Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your SHOPPERSEDGE Account.

 

Injunctive Relief:

You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to us, that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.

 

Severability:

If any provision of these Terms of Service is deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

 

Governing Law, Determination of Disputes:

This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any principles of conflicts of law.

 

Disclaimer of Warranties:

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRUGALDOO,INC. AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "FRUGALDOO PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH FRUGALDOO PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FRUGALDOO PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE FRUGALDOO PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.

 

Indemnity:

You agree to indemnify, defend, and hold FRUGALDOO and its affiliates, officers, agents, co-branders, licensors, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SHOPPERSEDGE Service or SHOPPERSEDGE Devices, including without limitation, your violation of these Terms of Service, or your violation of any rights of another.

PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE TO:

 

 

1-800-230-6009

SHOPPERSEDGE, Inc.

661 Little Britain Road

New Windsor, NY 12553

 

If you have any questions, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it., or call us at 800-230-6009.

    

    

Copyright © 2013 ShoppersEdge, Inc.         

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