Terms of Service for Shops

Last Updated: 26.11.2019 13:39

By signing up for Snack Hub and by using any Snack Hub Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). Snack Hub (also referred to as “we” or “us”) is an initiative of SWIFTMADE OÜ (Reg: 14173141) situated in Sepapaja 6, 15551, Tallinn, Estonia.

The service offered by Snack Hub is under the Terms of Service include various products and services to help you sell consumable products (food, drinks, snacks, etc.) that are physically accessible to the buyer at the time of purchase, or delivered to the location of purchase at the pre-determined delivery time. Any such services offered by Snack Hub 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://snackhub.eu/legal/terms-of-service/. Snack Hub reserves the right to update and change the Terms of Service by posting updates and changes to the Snack Hub 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 Snack Hub’s Privacy Policy before you may sign up for a Snack Hub Account or use any Snack Hub Service.

1. Account Terms

  • To access and use the Services, you must register a Snack Hub Shop (“Account”) by providing your business's legal name, current address, phone number, a valid email address, and any other information indicated as required. In addition, you must provide a legal business name, full address of the business, contact phone numbers and emails. Snack Hub may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  • You as the account owner agree to provide any legal documents necessary to verify the information you provide about you and your business, including a proof of identity, articles of association and ultimate beneficial owner declaration. These documents are to be processed by our payment service provider (MANGOPAY AS) for the purpose of KYC and anti-money laundering regulations.
  • You acknowledge that Snack Hub will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
  • You are responsible for keeping your password secure. Snack Hub cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  • You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  • A breach or violation of any term in the Terms of Service as determined in the sole discretion of Snack Hub may result in an immediate termination of your Services.

2. Account Activation

2.1 Account Owner

  • Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Account 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 Account Owner in connection with the Service.
  • If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  • Your Snack Hub Shop can only be associated with one Account Owner. An Account Owner may have multiple Snack Hub Shops.

2.2 Admin Accounts

  • You can create one or more administrator accounts (“Admins”) allowing other people to access the Account.
  • The Account Owner is responsible and liable for the acts, omissions and defaults arising from use of admins the performance of obligations under these Terms of Service as if they were the Account Owner’s own acts, omissions or defaults.
  • The Account Owner and the admins are each referred to as a “Snack Hub User”.

3. General Conditions

  • You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may become a Snack Hub User.
  • Technical support in respect of the Services is only provided to Snack Hub Users.
  • You acknowledge and agree that Snack Hub may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Snack Hub’s website, available at https://snackhub.eu/legal/terms-of-service 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 Snack Hub’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.
  • You may not use the Snack Hub 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 Europen Union and Estonia. 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.
  • In particular, you are forbidden from selling dietary and/or food supplements, tobacco, e-cigarettes, and e-liquid, counterfeit products and/or weapons, cannabis cannabidiol (cbd) products. A full list of forbidden products can be found here.
  • 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 Snack Hub.
  • You understand that your Materials, 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.
  • You acknowledge and agree that your use of the Services, including information transmitted to or stored by Snack Hub, is governed by its privacy policy at https://snackhub.eu/legal/privacy-policy
  • The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Snack Hub’s Terms of Service available in another language, the most current English version of the Terms of Service at https://snackhub.ee/terms-of-service/ will prevail.
  • 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.

4. Snack Hub Rights

  • Snack Hub does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your taking down your Shop indefinitely.
  • We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
  • 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.
  • Snack Hub retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, without prejudice to our other rights and remedies, Snack Hub reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Confidentiality

  • “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, names, addresses and other information regarding members or employees, 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. Snack Hub’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  • Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. 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.

6. Limitation of Liability

  • You expressly understand and agree that, to the extent permitted by applicable laws, Snack Hub shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  • To the extent permitted by applicable laws, in no event shall Snack Hub 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, Snack Hub 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.
  • 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.

7. Intellectual Property and Customer Content

  • We do not claim any intellectual property rights over the Materials you provide to the Snack Hub Service. All Materials you upload remains yours. You can remove your Snack Hub Shop at any time by deleting your Account.
  • You retain ownership over all Materials that you upload to your Shop; you agree to allow others to view Materials that you post to your Shop. You are responsible for compliance of the Materials with any applicable laws or regulations.
  • Snack Hub shall have the non-exclusive right and license to use the names, trademarks and logos associated with your Store to promote the Service.

8. Selling on Snack Hub

  • The monetary transactions happening inside Snack Hub is facilitated by the payment services provider Mangopay AS. By using Snack Hub, you acknowledge that you have familiarized yourself with the Payment Services Contract and you agree with the terms and conditions there.
  • For every purchase completed using the Snack Hub software, including any applications (custom to your brand, or otherwise) that are running via the Snack Hub platform may be subject to Service Fees, Transaction Fees and Small Payment Fees.
  • You agree that these fees shall be deduced from your Shop's sales income before you can receive a payment to your bank account.
  • You acknowledge that these fees are final and non-refundable, even if the transaction that caused them is reversed or refunded.
  • Your balance from sales income minus the applicable fees will be transferred to your account on every monday.
  • You are solely responsible for handling credit card chargebacks, by filling a dispute that proves the purchase. If the dispute is lost, you will be charged for any costs incurred to Snack Hub for that lost dispute.

9. Payment of Fees

  • You will pay the Fees applicable to your subscription to Snack Hub and any other applicable fees, including but not limited to applicable fees relating to the accepting payments into your shop, custom programming and design solutions or other customizations. Together, the Subscription Fees, Service Fees, Transcation Fees, Small Payment Fees and Customization Service Fees are referred to as the “Fees”.
  • You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Snack Hub will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Snack Hub 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 Euros, and all payments shall be in EUR currency.
  • Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  • 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 Snack Hub Shop during any period of suspension.
  • If the outstanding Fees remain unpaid for 60 days following the date of suspension, Snack Hub reserves the right to terminate your Account.
  • In addition to Fees charged by Snack Hub, you are solely responsible for all applicable taxes and fees (including but not limited to income tax, payment commissions charged by the bank, other application fees, etc.) arising from the sales of goods on your Snack Hub Account.
  • When you cancel your subscription to Snack Hub service, your account will remain active until the end of the last fully paid billing cycle and no pro rata or full refunds shall be issued for the unused portion of the subscription. Snack Hub may decide to issue a refund on a per case basis, but has no obligation to provide one.

10. Cancellation and Termination

  • You may cancel your Account and terminate the Terms of Service at any time by contacting Snack Hub Support (support@snackhub.eu) and then following the specific instructions indicated to you in Snack Hub’s response.
  • Upon termination of the Services by either party for any reason:
  • Snack Hub will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Snack Hub for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Shop will be taken down.
  • 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.

11. Modifications to the Service and Prices

  • Prices for using the Services are subject to change upon 30 days’ notice from Snack Hub. Such notice may be provided at any time by posting the changes to the Snack Hub Site (snackhub.ee) or the administration menu of your Snack Hub Shop via an announcement.
  • Snack Hub 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.
  • Snack Hub shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Last Updated: 26.10.2019 13:39