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    Table of Contents

    1. Account Terms and Conditions
    2. Account Activation
    3. Wakarz Payment Process
    4. Wakarz Rights
    5. General Conditions
    6. Intellectual Property and Your Materials
    7. Additional Services
    8. Feedback and Reviews
    9. Privacy and Data Protection
    10. Term and User Termination
    11. General Conditions

    Welcome to Wakarz

    By signing up for a Wakarz Account or using any services provided by Wakarz (described below), you agree to adhere to the following terms and conditions (the “Terms of Service”).

    By using the Wakarz platform, you acknowledge that you have read, understood, and agreed to this User Agreement and our End User License Agreement (EULA).

    In these Terms of Service, “we,” “us,” “our,” and “Wakarz” refer to the applicable Wakarz Contracting Party, and “you” denotes the Wakarz User (when registering for or using a Wakarz Service as an individual) or the business employing the Wakarz User (when registering for or using a Wakarz Service as a business), along with any of its affiliates.

    Wakarz offers a multivendor marketplace service and a service provider network allowing Vendors/sellers to list products on a diverse selection, competitive prices, and convenient shopping enhanced by advanced search, secure payments, and reliable shipping. Wakarz offers a comprehensive commerce platform that empowers merchants to consolidate their commercial activities. Among its many features, this platform provides merchants with a variety of tools to create and customize online stores, sell across multiple channels (including web, mobile, social media, online marketplaces, and other online venues (“Online Services”) and in person (“POS Services”)), manage products, inventory, payments, fulfillment, shipping, business operations, marketing, advertising, and engage with current and potential customers. Any such service or services offered by Wakarz are referred to in these Terms of Service as the “Service(s).” Any new features or tools added to the current Services will also be governed by the Terms of Service. You can view the latest version of the Terms of Service at any time at: https://wakarz.com/privacy-policy-and-terms-of-use/

    You must read, agree with, and accept all of the terms and conditions contained in these Terms of Service, including Wakarz’s Acceptable Use Policy (“AUP”) and Privacy Policy, Terms of Use before signing up for a Wakarz Account or using any Wakarz Service.

     Review the Terms of Service, including any document mentioned in these Terms of Service, for a complete understanding of your legal obligations. By using Wakarz or any of its services, you consent to these terms. Make sure to check back occasionally for updates.

    1. Account Terms and Conditions

    In summary:
    You are responsible for your Wakarz Account, the Materials you upload to the Wakarz Service, and the operation of your Wakarz Store. If you breach Wakarz’s terms, we may terminate your access to our services. We will communicate with you via your Primary Email Address if necessary.

    To access and use the Services, you must register for a Wakarz account (“Account”). During your Account registration, you must provide your full legal name, business address, phone number, a valid email address, and any other required information. Wakarz may reject your Account application or cancel an existing Account at our discretion.

    You must be at least the greater of: (i) 18 years of age or (ii) the age of majority in your jurisdiction to open an Account.
    You confirm that you receive any Services from Wakarz to conduct business activities and not for any personal, household, or family purposes.
    You acknowledge that Wakarz will use the email address you provide upon opening an Account or as updated by you as the primary method of communication with you (“Primary Email Address”). You must regularly monitor the Primary Email Address you provide to Wakarz, ensuring it can both send and receive messages. Your email communications with Wakarz can only be authenticated if they originate from your Primary Email Address.
    You are responsible for maintaining the security of your password. Wakarz cannot and will not be liable for any loss or damage resulting from your failure to secure your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
    Technical support regarding the Services is provided only to Wakarz Users. Questions about the Terms of Service should be sent to Wakarz Support.
    You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use the Services, or access the Services without Wakarz’s express written permission.
    You agree not to work around, bypass, or circumvent any technical limitations of the Services, such as processing orders outside Wakarz’s Checkout, using any tool to enable disabled features or functionalities, or decompiling, disassembling, or reverse engineering the Services.
    You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
    You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. “Materials” refers to Your Trademarks, copyright content, any products or services you sell through the Services (including descriptions and prices), and any photos, images, videos, graphics, written content, audio files, code, information, or other data you or your affiliates provide or make available to Wakarz or its affiliates.

    2. Account Activation

    In summary:
    Only one person can be the “Store Owner,” typically the individual signing up for the Wakarz Service. The Store Owner is responsible for the Account, is bound by these Terms of Service, and is accountable for others’ actions accessing the Account. If you register on behalf of your employer, your employer becomes the Store Owner accountable for your Account.

    2.1 Store Owner

    The individual registering for the Service by creating an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person authorized to use any corresponding Account we may provide to the Store Owner regarding the Service. You are responsible for ensuring that the Store Owner’s name (including the legal name of the company owning the Store, if applicable) is visible on the Store’s website.
    If you sign up for the Services on behalf of your employer, your employer will be the Store Owner. You must use your employer-issued email address and represent and warrant that you have the authority to bind to our Terms of Service.
    Your Wakarz Store can only be associated with one Store Owner(Business Owner), You agree to use Wakarz Checkout for your store. “Store” refers to the online store (whether hosted by Wakarz or on a third-party website) or any storefront built on the Storefront API or physical retail locations associated with the Account.

    The Store Owner acknowledges and agrees that the Store Owner will be responsible for fulfilling all its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of the Store Owner.
    The Store Owner and users under Staff Accounts are collectively referred to as “Wakarz Users.”

    3. Wakarz Payment Process

    3.1 Payment of Fees and Taxes

    Which means:

    A valid payment method, such as a credit card, must be on file to pay service fees, including subscription, transaction, and additional fees. Subscription fees are billed every 30 days. Transaction and additional fees will be charged to your payment method. If we cannot process payment within 28 days, your Wakarz store may be frozen. You are responsible for all taxes related to your store or use of the Services.

    You will pay fees for your subscription to Online Services and/or POS Services (“Subscription Fees”) and other applicable fees, including those for sales made through your store using third-party payment gateways (“Transaction Fees”), and any fees related to additional services or applications purchased, like Wakarz Payments (“Additional Fees”). Together, Subscription Fees, Transaction Fees, and Additional Fees are referred to as “Fees.”

    Subscription Fees are charged in advance every 30 days (or yearly, depending on your selected plan). Transaction Fees and Additional Fees are charged when incurred. Charges will appear on an invoice. Customers have approximately two weeks to bring up and resolve any issues with the billing of Subscription Fees.

    You must keep a valid payment method on file to pay Fees. Wakarz will charge applicable Fees to the stored payment method. If we cannot process payment within 28 days, we may freeze your store and Services. Your store will remain frozen until payment is processed. You may not be able to access your account while your store is frozen.

    All Fees exclude applicable sales, goods and services (GST), harmonized or other taxes (“Taxes”), and you agree to pay applicable Taxes. Wakarz will charge Taxes when required to do so. If you are tax-exempt, provide documentation. Taxes are not included in Fees.

    The payment processor used for the Wakarz Payment Processing Services is Stripe. Use of Stripe’s services is governed by the Stripe Connected Account Agreement. By using Wakarz Payment Processing Services, you agree to be bound by the Stripe Services Agreement.

    Which means:

    A valid payment method, such as a credit card, must be on file to pay service fees, including subscription, transaction, and additional fees. Subscription fees are billed every 30 days. Transaction and additional fees will be charged to your payment method. If we cannot process payment within 28 days, your Wakarz store may be frozen. You are responsible for all taxes related to your store or use of the Services.

    You will pay fees for your subscription to Online Services and/or POS Services (“Subscription Fees”) and other applicable fees, including those for sales made through your store using

    3.2 Wakarz Quick Checkout

    After completing the sign-up process for the Wakarz Service, and if you are enrolled in Wakarz Payments, the Wakarz Quick Checkout option will automatically be available as an accelerated checkout method on your checkout page. If you prefer not to have Wakarz Quick Checkout displayed in your store, you must manage and remove it via your accelerated checkout settings in your Wakarz administrative console.

    When your customers enable Wakarz Quick Checkout, they can purchase goods and services from your Wakarz Store using this method. By integrating Wakarz Quick Checkout into your store, you agree to abide by the Wakarz Quick Checkout Merchant Terms of Service, which Wakarz may update periodically. Changes to these terms will take effect on the posting date. Your continued use of Wakarz Quick Checkout following any amendments constitutes acceptance of those changes. If you disagree with any modifications, you are responsible for removing Wakarz Quick Checkout through your Wakarz administrative console.

    The Wakarz marketplace is designed to facilitate transactions between buyers and vendors seamlessly. As a vendor on the platform, you can list your products or services for sale, and Wakarz will manage the payment collection process. Here’s how it works:

    1. Product Listing: Vendors list their products or services on the Wakarz marketplace platform.
    2. Customer Purchase: When a customer decides to purchase a product or service, they make the payment through the Wakarz platform.
    3. Payment Collection: Wakarz collects the payment on behalf of the vendor using secure payment gateways. This ensures that the transaction is safe, and the funds are handled securely.
    4. Order Confirmation: Once the payment is successfully processed, the order is confirmed, and the vendor is notified to proceed with fulfilling the order.

    3.3 How Payments are Collected

    3.4. Vendor Account and Earnings Dashboard

    3.5. Initiating a Withdrawal

    Once you have accumulated earnings from your sales on the Wakarz platform, you can initiate a withdrawal to transfer funds to your bank account or preferred payment method. Here’s how:

    1. Accessing the Withdrawal Feature: Log in to your vendor account and navigate to the vendor store page. There, you will find an option to initiate a withdrawal.
    2. Setting Up Payment Details: Before initiating a withdrawal, ensure that your payment details are correctly set up in your vendor account. This includes your bank account information or PayPal details, depending on the withdrawal method you prefer.
    3. Withdrawal Request: Enter the amount you wish to withdraw. You may have to meet a minimum withdrawal threshold, as specified in your vendor agreement. Confirm the withdrawal request and submit it for processing.
    4. Processing Time: Wakarz will process the withdrawal request. The time it takes for the funds to reach your account can vary depending on the payment method and banking procedures. Typically, it may take a few business days for the funds to appear in your account.
    5. Confirmation: Once the withdrawal is processed, you will receive a confirmation notification. You can also check the status of the withdrawal in your vendor dashboard.

    3.6. Security and Support

    3.7. Terms and Conditions

    4.1 Wakarz Rights

    Which means:

    Wakarz reserves the right to determine the availability of our Services and may modify them at any time. We also retain the right to refuse or remove any materials from the Services, including your store. Although we may offer services to your competitors, your confidential information will remain protected. In the event of a dispute over account ownership, we may freeze or transfer an account to the rightful owner, as determined by us.

    Our Services include a variety of features and functionalities, which may not always be available to all merchants. We are under no obligation to provide any specific services or features in any jurisdiction. Except as prohibited by these Terms of Service or applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice, at any time.

    Wakarz does not pre-screen materials and has sole discretion to refuse or remove any content from the Services, including items that violate our Acceptable Use Policy (AUP) or these Terms of Service. Verbal or written abuse (including threats) towards any Wakarz employee, member, or officer will result in immediate account termination.

    We reserve the right to offer our Services to your competitors and make no promise of exclusivity. Wakarz employees and contractors may also be customers or merchants and may compete with you, although they will not use your Confidential Information in doing so.

    In case of a dispute regarding account ownership, we may request documentation to confirm ownership, including a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or proof of employment. Wakarz reserves the right to determine rightful account ownership and transfer an account to the rightful store owner. If unable to reasonably determine ownership, Wakarz may temporarily suspend or disable an account until a resolution is reached between disputing parties.

    4.2. Your Responsibilities

    Which means:

    You are responsible for your Wakarz Store, the goods, or services you sell, and your relationship with customers. If you access the Wakarz API, your use is subject to the API Terms.

    You must provide public-facing contact information, a refund policy, and order fulfillment timelines on your Wakarz Store. The Services are not a marketplace; any sale contract made through the Services is directly between you and the customer. You are the seller of record for all items sold through the Services. You are responsible for the creation and operation of your Wakarz Store, your materials, the goods and services you sell, and all transaction aspects. This includes authorizing charges, handling refunds, fulfilling sales, addressing fraudulent transactions, complying with legal and regulatory requirements, and not violating any laws.

    You represent and warrant that your store, materials, and goods/services sold will be true, accurate, complete, and not violate any laws or third-party rights. Wakarz is not the seller or merchant of record and has no responsibility for your store or items sold.

    You are solely responsible for the goods/services you sell (including descriptions, pricing, fees, taxes, defects, disclosures, compliance, and promotions) and must comply with all applicable laws and regulations.

    You may not use the Wakarz Services for illegal or unauthorized purposes or violate any laws. You will comply with all applicable laws, rules, and regulations, including any licenses or permits required to operate your store.

    The API Terms govern your access to the Wakarz API. You are responsible for activity using your API Credentials and keeping them secure.

    You agree to use Wakarz Checkout for sales associated with your online store. “Wakarz Checkout” refers to the checkout experience that allows customers to enter shipping and payment details after adding items to their cart.

    4.3. Limitation of Liability

    Which means:

    We are not liable if you break the law, breach these Terms, or go against the rights of a third party. Our Service is provided on an “as is” basis; some jurisdictions do not allow limitations on implied warranties or exclusion of liability for incidental or consequential damages, so these limitations may not apply to you.

    We are not responsible for any damages, including but not limited to loss of profits, goodwill, or data, resulting from the use or inability to use the Services. We do not warrant that the Services will be uninterrupted or error-free or that the results obtained will be accurate or reliable.

    We will not be liable for any damages resulting from unauthorized access to or use of your account or data, including lost profits, goodwill, or data. Some jurisdictions do not allow the exclusion of liability for certain types of damages, so these limitations may not apply.

    4.4. Indemnification

    Which means:

    If a third party sues us because of your actions or materials, you’ll cover us. We are not liable for your actions or materials, and your use of the Service is at your own risk. We are not responsible for your violation of any law or third-party rights.

    You agree to indemnify and hold us harmless from any claim, demand, loss, or damages, including attorney’s fees, arising from your breach of these Terms or your violation of any law or rights of a third party.

    4.5. Waiver and Complete Agreement

    Which means:

    These Terms supersede any agreements we had before. If any part of these Terms is found invalid or unenforceable, the rest will continue to apply. We can amend these Terms at any time, with notice to you.

    The failure of Wakarz to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

    These Terms constitute the entire agreement between you and Wakarz and govern your use of the Services, superseding any prior agreements between you and Wakarz (including but not limited to prior versions of the Terms).

    If any part of these Terms is found to be invalid or unenforceable, the rest will continue to apply. We can amend these Terms at any time, with notice to you.

    4.6. Intellectual Property and Customer Content

    Which means:

    We do not claim ownership of the materials you provide to the Service. You grant us nation wide, non-exclusive, royalty-free, sub-licensable license to use, display, publish, or modify your materials in connection with the Services. We will not use your materials for any other purpose.

    You retain ownership of the materials you upload to the Services. By uploading your materials, you grant Wakarz a nation wide, non-exclusive, royalty-free license to use, display, and modify your materials in connection with the Services.

    We do not claim ownership of customer content. You grant us a non-exclusive license to use customer content for the purpose of providing the Services.

    You represent and warrant that you have all necessary rights to grant us these licenses. You are responsible for your materials and customer content, including any claims relating to their use.

    4.7. Account Termination

    Which means:

    You can cancel your account at any time, and we will immediately terminate your account. We may also suspend or terminate your account if you violate these Terms. If your account is terminated, you may not re-register or access the Services without our written permission.

    You can cancel your account at any time. Upon termination of your account, we will immediately stop providing the Services and delete your account.

    We may suspend or terminate your account if you violate these Terms. If your account is terminated, you may not re-register or access the Services without our written permission.

    4.8. Governing Laws

    Which means:

    These Terms are governed by the laws of the jurisdiction where your Wakarz Store is located. You agree to resolve any disputes in the courts of that jurisdiction.

    These Terms are governed by the laws of the jurisdiction where your Wakarz Store is located, without regard to its conflict of law principles.

    You agree to resolve any disputes in the courts of the jurisdiction where your Wakarz Store is located.

    5. General Conditions

    Which means:

    The headings in these Terms are for convenience only and do not affect their interpretation. If we do not enforce any part of these Terms, it does not mean we waive our right to do so later.

    The headings in these Terms are for convenience only and do not affect their interpretation. If we do not enforce any part of these Terms, it does not mean we waive our right to do so later.

    You may not assign your rights or obligations under these Terms without our written consent.

    5.1. Your Responsibilities

    Which means

    You are responsible for your Wakarz Store, the goods or services you sell, and your relationship with your customers. If you access the Wakarz API, your use of it is subject to the API Terms.

    You agree to provide public-facing contact information, a refund policy, and order fulfillment timelines on your Wakarz Store.

    You acknowledge that the Services are not a marketplace, and any sales contracts made through the Services are directly between you and your customers. You are the seller of record for all items sold through the Services and are responsible for the creation and operation of your Wakarz Store, your Materials, and all aspects of transactions with your customers. This includes, but is not limited to, authorizing customer charges, handling refunds, returns, customer service, and ensuring compliance with applicable laws. You warrant that your Store, Materials, and goods/services are accurate and lawful. Wakarz is not responsible for your Store or items sold through the Services.

    You are solely responsible for the goods or services you sell, including compliance with legal and regulatory requirements.

    You may not use Wakarz Services for illegal purposes or violate any laws. You must comply with all applicable laws, including obtaining any necessary licenses or permits.

    The API Terms govern your access to and use of the Wakarz API. You are responsible for the security of your API Credentials.

    You must use Wakarz Checkout for all sales associated with your online store, which includes entering shipping information and payment details before placing an order.

    5.2. Termination and Cancellation

    You may cancel your Wakarz Account by contacting Wakarz support. Upon cancellation, your Wakarz Account will be closed. Wakarz reserves the right to suspend or terminate your account if you violate these Terms of Service or if we determine, in our sole discretion, that continued use of our Services is inappropriate. We may terminate your account immediately without notice if we suspect fraudulent activity.

    If your Wakarz Account is canceled or terminated, you will lose access to your Store and all associated data, including order history. Wakarz is not liable for any loss of data.

    5.3. Wakarz Intellectual Property

    All intellectual property rights, including trademarks, copyrights, and patents, are owned by Wakarz or its licensors. You may not use or reproduce any Wakarz intellectual property without our prior written consent. All rights not expressly granted in these Terms of Service are reserved by Wakarz.

    5.4. Limitation of Liability

    To the extent permitted by law, Wakarz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or related to your use of the Services. Our liability is limited to the maximum extent permitted by applicable law.

    5.5. Indemnification

    You agree to indemnify, defend, and hold harmless Wakarz and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your Store, or any violation of these Terms of Service.

    5.6. General Provisions

    These Terms of Service constitute the entire agreement between you and Wakarz regarding the use of the Services. Any amendments or modifications must be made in writing and signed by both parties. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.

    5.7 Wakarz Rights

    Which means

    Wakarz reserves the right to control the availability of our Services and to modify them at any time. We also have the authority to refuse or remove any Materials from any part of the Services, including your Store. While we may offer our services to competitors, we will never share your confidential information with them. In case of a dispute over Wakarz Account ownership, we may freeze or transfer the Account to the rightful owner as determined by us.

    The Services include various features and functionalities. Not all features will always be available to all Merchants, and we are not obligated to make any Services or features available in any jurisdiction. Except where prohibited by these Terms of Service or applicable law, we reserve the right to modify the Services or any part of them for any reason, without notice, and at any time.

    Wakarz does not pre-screen Materials. We reserve the sole discretion to refuse or remove any Materials from any part of the Services if we determine, in our sole discretion, that the goods or services you offer, or the Materials you upload or post, violate our Acceptable Use Policy (AUP) or these Terms of Service.

    Any form of verbal or written abuse (including threats) towards Wakarz employees, members, or officers will result in immediate Account termination.

    We reserve the right to offer our Services to your competitors and do not guarantee exclusivity. You acknowledge that Wakarz employees and contractors may also be Wakarz customers or merchants and may compete with you without using your Confidential Information.

    In the event of an Account ownership dispute, we may request documentation to confirm ownership, including, but not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or proof of your employment status.

    Wakarz reserves the right to determine, at our sole discretion, the rightful Account owner and transfer an Account to that owner. If we cannot reasonably determine the rightful owner, we may temporarily suspend or disable the Account until the dispute is resolved.

    5.8 Confidentiality

    Both parties agree to use each other’s Confidential Information only to fulfill obligations under these Terms of Service. Confidential Information must be protected.

    “Confidential Information” includes non-public business information, technical processes, customer data, and other proprietary details. Wakarz’s Confidential Information includes all non-public information related to our Services and security practices.

    Each party agrees to use Confidential Information only as needed for these Terms of Service and to protect it with reasonable measures. Confidential Information does not include information that was already public, independently developed, or obtained from another source legally.

    5.9. Limitation of Liability and Indemnification

    We are not liable for damages or lawsuits arising from legal violations, breaches of this agreement, or third-party rights. The Service is provided “as is” with no warranties.

    To the extent permitted by law, Wakarz and its suppliers are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages related to the use of or inability to use the Service.

    You agree to indemnify Wakarz and its affiliates against any claims arising from your breach of these Terms, violation of law, or issues related to transactions with customers. You are responsible for breaches by your affiliates and subcontractors.

    Your use of the Services is at your own risk. The Services are provided without warranties or guarantees, and Wakarz is not liable for tax obligations, or the quality of products and services purchased through the Services.

    6. Intellectual Property and Your Materials

    6.1 Your Materials

    Any content you upload to Wakarz remains your property, but you grant us the right to use and publish it as needed. You provide Wakarz with a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate, broadcast, reproduce, make available, display, translate, and create derivative works of any content provided by you in connection with our services. This license allows us to operate, provide, and promote our services, as well as fulfill our obligations and exercise our rights under the Terms of Service. You affirm that you have all necessary rights to grant this license and waive any moral rights in favor of Wakarz. If you owned the content before providing it to Wakarz, it remains your property, subject to the rights and licenses granted under these Terms of Service. You can remove your Wakarz store at any time by deleting your account, but this does not terminate any rights or licenses Wakarz needs to fulfill its obligations that arose during the term. Wakarz reserves the right to review and delete any materials submitted, though we are not obligated to do so. You also grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your trademarks in connection with operating and promoting our services.

    6.2 Wakarz Intellectual Property

    You may not use any trademarks, logos, or service marks of Wakarz, including but not limited to the word mark “Wakarz” or any design marks associated with Wakarz, unless authorized in writing by Wakarz. Do not adopt any marks that could be confused with Wakarz’s trademarks, including any variations or misspellings. You also agree not to purchase, register, or use search engine keywords, trademarks, email addresses, social media names, or domain names that include Wakarz or related trademarks, or any terms that may be confusingly similar. The Terms of Service do not grant you any rights to Wakarz’s patents.

    7. Additional Services

    7.1 Payment Gateway Services

    When using Wakarz Stripe gate way services, you must use the same payment processor as for your online services. You can cancel payment Services while keeping your online services active. While we prioritize data security, we cannot guarantee complete security for all transmissions using stripe payment gateway service, and all transactions are at your own risk. stripe payment gateway service is purchased, not leased, and is subject to our  Agreement and Return Policy. Access to Payment Services requires an active and valid account, and if enabled with Wakarz Payments, you must use the same payment gateway for our payment online services. You can terminate Payment Services without affecting your other subscriptions.  We cannot guarantee complete security for gateway connections, and we are not liable for unauthorized access or use.

    7.2 SMS Messaging

    When using Wakarz SMS Services, you must comply with our terms, SMS providers’ acceptable use policies, and relevant laws. The SMS Services allow you to send communications such as order confirmations. You must use the SMS Services in compliance with our Terms of Service and applicable laws. Violations of SMS policies may result in suspension or termination of access.

    7.4 Wakarz Email

    By using Wakarz Email Services, you agree that Wakarz may use tools to scan email content for safety and policy compliance. Wakarz does not guarantee that the Email Services will be free from threats, and you are responsible for the content generated through your store. You must comply with laws and Wakarz’s Privacy Policy when using Email Services and avoid sending sensitive data. Non-compliance with Email Services Requirements may result in suspension or termination of access. Wakarz’s Email Services use third-party providers, including SendGrid, and are subject to their acceptable use policies.

    7.5 Wakarz App

    Which means:
    The Wakarz App is a sales channel exclusively available to Eligible Merchants, showcasing Materials from your Wakarz Store. If you do not want your Materials displayed in the Wakarz App, you are responsible for managing or deactivating this Service.

    The Wakarz App is an application available to Eligible Merchants (defined below) (the “Wakarz App”, with more details available here) to interact with customers using the Wakarz App (each, a “Wakarz App User”).
    The Wakarz App is considered part of the Services, and all terms applicable to the Services apply. Without limiting the generality of the preceding sentence, and subject to these Terms of Service and all applicable guidelines and policies, Wakarz reserves the right to deny a Merchant access to or use of all or part of the Wakarz App for any reason and at any time without prior notice. Only those Merchants who meet all merchant requirements and do not sell prohibited products, as outlined in the Wakarz Merchant Guidelines (which may be updated from time to time), are eligible to access and use the Wakarz App Services (“Eligible Merchants”).

    We may display your Materials, including product or service listings, Your Trademarks, and other content, data, or information from your Wakarz Store on the Wakarz App. While the Wakarz App allows Wakarz App Users to shop directly within the app, the transaction is completed on your Wakarz Store. Your Materials and use of the Wakarz App must comply with our Wakarz Terms of Service, the Additional Terms, all other applicable policies and guidelines, and applicable law.
    As with other areas of the Service, Wakarz is not obligated to mediate any disputes between you and your customers (including Wakarz App Users).
    If you prefer not to have your Materials available in the Wakarz App, you are responsible for managing or deactivating this Service. If you have the Wakarz App merchant channel installed, refer to the instructions here.  If you delete your Wakarz Account, your Materials will be removed from the Wakarz App.

    7.6 Third Party Services, Experts, and Experts Marketplace

    Which means:
    We are not responsible for third-party services; use them at your own risk. By using Third Party Services on the Wakarz platform, you consent to us sharing your data (and potentially your Customers’ data) with those services. If you use Third Party Services, you agree that we do not provide any warranties, so seek advice beforehand.

    Wakarz may from time to time recommend, provide access to, or enable third-party software, applications (“Apps”), products, services, or website links (collectively, “Third Party Services”) for your consideration or use, including via the Wakarz App Store or Experts Marketplace. Such Third Party Services are provided solely for convenience, and your purchase, access, or use of any such Third Party Services is solely between you and the applicable third-party service provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to abide by the additional service-specific terms applicable to services you purchase from or are provided by Third Party Providers.

    Wakarz Experts is an online directory of independent third parties (“Experts”) who can assist you in building and operating your Wakarz Store. You can engage and work with an Expert directly or through the Experts Marketplace. The Experts Marketplace offers recommendations on Experts who can help with various aspects of your Store. Using the Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.

    Any use by you of Third Party Services offered through the Services, Wakarz Experts, Experts Marketplace, or Wakarz’s website is entirely at your own risk and discretion, and you are responsible for reviewing the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some cases, Wakarz may receive a revenue share from Third Party Providers that Wakarz recommends to you or that you otherwise engage with through the Services, Wakarz Experts, Experts Marketplace, or Wakarz’s website.

    We do not provide any warranties or make representations concerning Third Party Services. You acknowledge that Wakarz has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The presence of Third Party Services on Wakarz’s websites, including the Wakarz App Store or Experts Marketplace, or their integration or enabling with the Services does not imply an endorsement, authorization, sponsorship, or affiliation by or with Wakarz. Wakarz does not guarantee the availability of Third Party Services and may disable access to any Third Party Services at any time at its sole discretion and without notice to you. Wakarz is not liable for any discontinuation or suspension of access to, or disablement of, any Third Party Service. Wakarz strongly recommends seeking specialist advice before using or relying on Third Party Services to ensure they meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when determining the correct tax rates to charge 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 other Materials and to take any other actions necessary for the interoperation of the Third Party Service with the Services. Any exchange of data or other Materials between you and the Third Party Provider is solely between you and the Third Party Provider. Wakarz is not responsible for any disclosure, modification, or deletion of your data or other Materials, or for any corresponding losses or damages you may incur as a result of access by a Third Party Service or Third Party Provider to your data or other Materials. Google Maps is a Third Party Service used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service, and Google Privacy Policy, as amended by Google from time to time.

    You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Primary Email Address (or another email address provided by you) as well as the applicable user email address; and (ii) Wakarz will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) originating from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that Wakarz may share your contact details and background information submitted via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your Wakarz Store. You choose the pages that Experts can access.

    The relationship between you and any Third Party Provider is strictly between you and the Third Party Provider, and Wakarz is not obligated to intervene in any disputes between you and a Third Party Provider.

    Under no circumstances will Wakarz be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages resulting from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations apply even if Wakarz has been advised of the possibility of such damage. The foregoing limitations will apply to the fullest extent permitted by applicable law.

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

    7.7 Beta Services

    Beta Services may be offered periodically. These services are separate from our regular offerings and may contain errors or undergo changes without notice. Your use of Beta Services is at your own risk, and Wakarz is not liable for any losses or damages resulting from their use. You may be required to keep your participation in Beta Services confidential.

    Occasionally, Wakarz may invite you to access pre-release or beta features under development (“Beta Services”) on a trial basis. Beta Services are not part of our standard Services and may be subject to additional terms, which Wakarz will provide before you use them. Any information related to Beta Services will be considered Wakarz Confidential Information and subject to confidentiality provisions in this agreement. You agree not to publicly disclose your participation in Beta Services without Wakarz’s prior written consent. Wakarz does not guarantee that Beta Services will function properly and may discontinue them at any time. Wakarz assumes no liability for any harm or damage arising from the use of Beta Services. Beta Services may differ from final or commercial versions, and Wakarz may alter or decide not to release a final version at its discretion.

    8. Feedback and Reviews

    Which means

    We value your feedback but are not obligated to maintain confidentiality regarding any ideas or suggestions about our Services or those of third parties. We may use your feedback in any manner we choose.

    Wakarz welcomes suggestions for improving or adding to our Services. Any feedback provided to Wakarz, whether directly or through our hosted forums or pages, is not subject to confidentiality or compensation obligations. By submitting feedback, you waive any rights to it and agree that Wakarz may implement and use it as provided or modified, without needing further permission from you or any third party. Reviews submitted about third-party services must be accurate and not illegal, obscene, threatening, defamatory, invasive, infringing, or otherwise harmful. Wakarz reserves the right to remove or edit such feedback but does not routinely inspect it.

    8.1 DMCA Notice and Takedown Procedure

    Which means

    Wakarz respects intellectual property rights and expects the same from our users. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your Store. If you believe the claim is not valid, you can submit a counter-notification. If you believe one of our merchants is infringing on your intellectual property, send Wakarz a DMCA Notice. We will promptly disable or remove the content and notify the merchant.

    Wakarz supports intellectual property protection and asks our merchants to do the same. We respond to all notices of alleged copyright infringement. If you believe a merchant is infringing on your rights, send a DMCA Notice to Wakarz’s designated agent. Upon receipt, we may remove or disable access to the infringing content. The merchant can file a counter-notification if they dispute the claim. The original complainant has 14 business days to seek a court order to restrain the merchant; otherwise, the material will be restored. More information can be found at Reporting Intellectual Property Infringement.

    9.  Privacy and Data Protection

    Wakarz’s collection and use of personal information are governed by our Privacy Policy. Wakarz is committed to protecting your and your customers’ personal information. By using our Service, you agree that Wakarz’s collection, usage, and disclosure of personal information are governed by our Privacy Policy.

    9.1 Wakarz’s Contract Incorporation

    For Stores with billing address in the United States:

    “Wakarz Contracting Party” refers to Wakarz.com, is a Mangewa Holdings incorporation, with offices at 2124 Proteus Dr., Haslet City, Texas. 76052 United States.

    The parties agree to the exclusive jurisdiction of Texas court for any disputes related to these Terms of Service. You agree to submit to the jurisdiction of Texas court for disputes related to these Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    10. Term and Termination

    To terminate, contact Support. Wakarz will provide specific instructions for terminating your account. Accounts created through Wakarz will not be automatically renewed after termination. If you cancel mid-cycle, you’ll receive a final email invoice.

    Wakarz may terminate your account at any time.

    The term of these Terms of Service begins upon your completed registration and continues until terminated by either party.

    You may cancel your Account and terminate the Terms of Service at any time by contacting Wakarz Support and following the provided instructions.

    Wakarz may suspend or terminate your Account or the Terms of Service without notice and at any time, including if fraudulent activity is suspected. Termination does not affect rights or obligations that arose before termination.

    Upon termination:

    10.1 Modifications

    Wakarz reserves the right to change these Terms of Service at any time. We will notify you in advance of material changes that affect your rights or use of our Services via email or other means. However, we may make immediate changes for legal, regulatory, fraud prevention, or security reasons. Continued use of the Services after such notice or changes constitutes acceptance of the updated Terms. If you disagree, you must stop using the Services.

    Wakarz may adjust Fees from time to time, with 30 days’ notice provided before any changes. Wakarz is not liable for any modifications, price changes, or discontinuations of Services.

    11. General Conditions

    These Terms of Service, including all documents referenced herein, constitute the entire agreement between you and Wakarz. They govern your use of the Services and your Account, superseding any previous agreements between you and Wakarz, including any prior versions of these Terms of Service.

    Wakarz’s failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all referenced documents, is deemed unlawful by a court of competent jurisdiction, that provision will be modified and interpreted to fulfill its original objectives to the maximum extent permitted by law. All other provisions of the Terms of Service will remain in full force and effect.

    Except for Wakarz and its affiliates, neither you nor anyone accessing Wakarz Services under these Terms of Service will have the right to enforce any provision of these Terms of Service unless expressly provided otherwise. This does not affect the rights of any permitted assignees or transferees of these Terms of Service.

    The Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without reference to conflict of law principles.

    While these Terms of Service is only available in English langauge, Any disputes arising under these Terms of Service will be resolved in English unless Wakarz, at its sole discretion, decides otherwise or applicable law requires otherwise.

    All terms and provisions of the Terms of Service will be binding upon and benefit the parties, along with their respective heirs, successors, permitted assigns, and legal representatives. Wakarz may assign these Terms of Service without notice to or consent from you. You may not assign or transfer these Terms of Service or any of your rights or obligations under them to any third party without Wakarz’s prior written consent, which Wakarz may grant or withhold at its sole discretion.

    If any provision or part of a provision in these Terms of Service is deemed invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of these Terms of Service, and they will be construed as if the invalid, illegal, or unenforceable provision or portion had never been included.

    Upon termination, all related rights and obligations under the Terms of Service immediately cease, except that (a) you will remain responsible for fulfilling all obligations related to transactions entered into before termination and any liabilities that accrued before or due to termination, and (b) the following sections will survive the termination or expiration of these Terms of Service:

    Wakarz.com a Mangewa Holdings incorporation, with offices located at:
    Haslet City, Texas 76052 United States.

    Email: support@wakarz.com