TERMS AND CONDITIONS

Updated on 12-Mar-2021

 

By signing up for a Castnow Account (as defined in Section 1) or by using any Castnow Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Castnow” means the applicable Castnow Contracting Party (as defined in Section 4 below).

The services offered by Castnow under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store, in person (“POS Services”), or both. Any such services offered by Castnow are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://castnow.co.uk/terms-and-conditions/. Castnow reserves the right to update and change the Terms of Service by posting updates and changes to the Castnow website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Castnow’s Privacy Policy before you may sign up for a Castnow Account or use any Castnow Service.

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Castnow or any Castnow services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. To access and use the Services, you must register for a Castnow account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Castnow may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You confirm that you are receiving any Services provided by Castnow for the purposes of carrying on a business activity and not for any personal, household or family purpose.
  4. You acknowledge that Castnow will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Castnow and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Castnow can only be authenticated if they come from your primary Account email address.
  5. You are responsible for keeping your password secure. Castnow cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  6. You acknowledge that you are responsible for the creation and operation of your Castnow Store.
  7. Castnow is not a marketplace. Any contract of sale through your Castnow Store is directly between you and the buyer.
  8. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  9. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Castnow may result in an immediate termination of your Services.

WHICH MEANS

You are responsible for your Account and any Materials you upload to the Castnow Service. Remember that if you violate these terms we may cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 Store Owner

  1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. Your Castnow Store can only be associated with one Store Owner. A Store Owner may have multiple Castnow Stores. “Store” means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

  1. Based on your Castnow pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
  2. The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
  3. The Store Owner and the users under Staff Accounts are each referred to as a “Castnow User”.

2.3 Stripe Checkout

  1. Upon completion of sign up for the Service, Castnow will create a Stripe Checkout account on your behalf, using your email address.
  2. You acknowledge that Stripe Checkout will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, Stripe Checkout is a Third Party Service, as defined in Section 17 of these Terms of Service.

 

WHICH MEANS

Only one person can be the “Store Owner”, usually the person signing up for the Castnow Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.

Any domain you purchase through us will automatically renew unless you opt out.

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.

  1. Technical support in respect of the Services is only provided to Castnow Users.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the UK applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that Castnow may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Castnow’s website 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 Castnow’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. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
  4. You may not use the Castnow Services for any illegal or unauthorized 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 the UK. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Castnow.
  6. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Castnow or Castnow trademarks and/or variations and misspellings thereof.
  7. You understand that your Materials (not including 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.
  8. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Castnow, is governed by its privacy policy at https://castnow.co.uk/privacy-policy/
  9. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Castnow shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Castnow’s prior written consent, to be given or withheld in Castnow’s sole discretion.
  10. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
  11. Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.

 

 

 

WHICH MEANS

The Castnow service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use Castnow’s APIs, you will comply with our API terms.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Castnow Contracting Party

  1. “Castnow LTD” means Castnow LTD., a UK company, with offices located at 15 Lonsdale Road, Weybridge, Surrey, UK, KT13 0TG.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the UK with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

WHICH MEANS

If a dispute arises you may bring an action, depending on your location, in the UK strictly.

5. Castnow Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our policy or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Castnow customer, Castnow employee, member, or officer will result in immediate Account termination.
  5. Castnow does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Castnow employees and contractors may also be Castnow customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
  8. Castnow retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Castnow reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

 

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Castnow account, we can freeze the account or transfer it to the rightful owner, as determined by us.

6. Confidentiality

  1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Castnow’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

WHICH MEANS

Both you and Castnow agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

7. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, Castnow 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.
  2. To the extent permitted by applicable laws, in no event shall Castnow 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, Castnow partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Castnow does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. Castnow does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  6. Castnow is not responsible for any of your tax obligations or liabilities related to the use of Castnow’s Services.
  7. Castnow does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.

  1. Waiver, Severability, and Complete Agreement

The failure of Castnow to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Castnow and govern your use of the Services and your Account, superseding any prior agreements between you and Castnow (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Castnow chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Castnow don’t apply if they conflict with these terms.

  1. Intellectual Property and Customer Content
  2. We do not claim any intellectual property rights over the Materials you provide to the Castnow Service. All Materials you upload to your Castnow Store remains yours. You can remove your Castnow Store at any time by deleting your Account.
  3. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Castnow to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Castnow can, at any time, review and delete all the Materials submitted to its Service, although Castnow is not obligated to do so.
  4. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
  5. Castnow shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

 

WHICH MEANS

Anything you upload remains yours and is your responsibility.

  1. Theme Store
  2. You may establish the appearance of your Castnow Store with a design template from Castnow’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact Castnow Support. You are not permitted to transfer or sell a Theme to any other person’s Store on Castnow or elsewhere. Multiple Stores require multiple downloads and each download is subject to the applicable fee. Castnow gives no assurance that a particular Theme will remain available for additional downloads.
  3. You may modify the Theme to suit your Store. Castnow may add or modify the footer in a Theme that refers to Castnow at its discretion. Castnow may modify the Theme where it contains, in our sole discretion, an element that violates the Castnow AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. Castnow may modify the Theme to reflect technical changes and updates as required.
  4. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Castnow may take administrative action such as modifying your Store or closing your Store.
  5. Technical support for a Theme is the responsibility of the designer, and Castnow accepts no responsibility to provide such support. Castnow may be able to help you contact the designer.
  6. It is the responsibility of the user, and not Castnow, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
  7. In summary:

You can purchase our Themes to use for one Store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

  1. Payment of Fees
  2. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers and any fees relating to your purchase or use of any products or services, Themes or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  3. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Castnow will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Castnow will continue to charge the Authorized Payment Method 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 U.K. Pound Sterling, and all payments shall be in U.K. currency.
  4. 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 Castnow’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 Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  5. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Castnow reserves the right to terminate your Account.
  6. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  7. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Castnow’s products and services. To the extent that Castnow charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method.
  8. For the avoidance of doubt, all sums payable by you to Castnow under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Castnow to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Castnow shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
  9. You are responsible for all applicable Taxes that arise from or as a result of any sale on your Castnow Store.
  10. You must maintain an accurate location in the administration menu of your Castnow Store. If you change jurisdictions you must promptly update your location in the administration menu.
  11. Castnow does not provide refunds.

WHICH MEANS

We will freeze access to your online store if you fail to make a payment and we will delete your store if no payment is made within 14 days. You may be required to remit Taxes to Cast or to self-remit to your local taxing authority. No refunds.

  1. Cancellation and Termination
  2. You may cancel your Account and terminate the Terms of Service at any time by contacting us at reply@castnow.co.uk and then following the specific instructions indicated to you in Castnow’s response.
  3. Upon termination of the Services by either party for any reason:
    1. Castnow will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to Castnow for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your Store website will be taken offline.
  4. 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.
  5. We reserve the right to modify or terminate the Castnow Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
  6. Fraud: Without limiting any other remedies, Castnow may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

WHICH MEANS

To initiate a termination contact Support. Castnow will respond with specific information regarding the termination process for your account.

We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.

  1. Modifications to the Service and Prices
  2. Prices for using the Services are subject to change upon 30 days’ notice from Castnow. Such notice may be provided at any time by posting the changes to the Castnow Site (castnow.co.uk) or the administration menu of your Castnow Store via an announcement.
  3. Castnow reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
  4. Castnow shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at anytime, without liability.

  1. Feedback and Reviews

Any reviews of a Third Party Service or Third Party Provider that you submit to Castnow must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Castnow reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

  1. Privacy & Data Protection

Cast is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Castnow’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

WHICH MEANS

Castnow’s use and collection of personal information is governed by our Privacy Policy.

 

Castnow LTD

15 Lonsdale Road

Weybridge

Surrey

UK

KT13 0TG