1. Your Acceptance
Welcome to the Seller Terms of Service for the KwykPix.com
website and any associated services. This is an agreement (“Agreement”)
between KwykPix, the owner and operator of www.kwykpix.com (the “Site”),
any KwykPix services (“Service(s)”) and you (“you”, “your” or
“Seller(s)”), a user of the Site and Service who wishes to sell products
or list your business on the KwykPix Site and Service. Your ability to
submit or transmit any information to the Site and Service, including
but not limited to text, photos, pictures, comments, designs, data, or
videos will be referred to as “Content” throughout this Agreement.
Throughout this Agreement, the words “KwykPix,” “us,” “we,”
and “our,” refer to our company, KwykPix and our Site or any Services,
as is appropriate in the context of the use of the words.
By using our Site or any Services you agree to be bound by this Agreement, the KwykPix User Terms of Service and the Privacy Policy. We may amend this Agreement at any time and will notify you or place a note on this Agreement when we do so. If you do not agree to this Agreement, you are prohibited from creating a KwykPix Seller’s account.
2. Eligibility
You must be 18 years or older to create a KwykPix Seller account
through our Site or Service. If you are under the age of 18, you are
prohibited from creating a KwykPix Seller account. Additionally, Seller
must be, (i) a permanent U.S. resident (which does not include holders
of U.S. visas), (ii) a U.S. citizen, or (iii) a business entity
authorized to do business and having a physical presence in the United
States or Canada.
3. KwykPix’s Role
Seller agrees that KwykPix is only acting as a marketplace and is not a party to and not liable for any contracts created between Seller and any user(s) purchasing products from Seller through the KwykPix Site and Service.
4. Seller Accounts
In order to sell items on KwykPix, you will be required to create an account. We may collect personal information or business information during the account creation process as disclosed by our Privacy Policy. Please keep your account username and password safe as you are solely responsible for your account and any activity that occurs with your account. By creating a Seller account on KwykPix, you represent and warrant that you have the authority to conduct and transact business for any company listed on the Seller account. KwykPix may at any time ask a Seller to verify its identity, by requesting Seller to provide information such as Social Security Numbers, EIN, or other banking information. Failure to do so may result in the termination of Seller’s account. Please be aware that we reserve the right to refuse service to any users attempting to create a Seller account. If you have any issues with your account or wish to cancel your account please contact us at info@kwykpix.com.
5. Seller Obligations
In order to ensure that users of KwykPix have a great buying experience from KwykPix Sellers, Seller agrees that:
KwykPix may terminate your Seller account at any time for your failure to follow these rules or if we believe any of your actions may harm KwykPix or adversely affect our rights.
6. Fees for Purchasing a Seller Account
KwykPix offers two types of Seller accounts. If a Seller wishes to list its business on KwykPix, Seller will be required to create a Seller Business Directory Account. If Seller wishes to sell items through the KwykPix Site and Service, Seller will be required to create a KwykPix Seller Listing Account.
Seller Business Directory Accounts
Seller Business Directory Accounts allow Sellers to create a business listing and post information about their business through the KwykPix Site. Seller Business Directory Accounts renew for annual periods and Sellers wishing to purchase accounts must pay the full amount at the time of purchase.
Seller Listing Accounts
Seller Listing Accounts allow Sellers to sell items through the KwykPix Site and Service to KwykPix users. Seller Listing Accounts are available on a monthly basis.
If you wish to create a Seller account you will be required to pay a subscription fee to KwykPix. In order to purchase any paid Services from us, you will be required to submit credit card information to our third party payment processor. We may use PayPal or another service to process payments. Billing for our Service occurs monthly or yearly depending on the service plan you have selected. By using our Service you expressly authorize and agree that your credit card will be charged per the package specified at the order screen. Additionally, you agree that you will be charged for subsequent periods at the agreed upon rate along with any additional charges incurred. KwykPix may increase fees from time to time but will give Seller notice of such fee increases. If you have any issue with any payments or problems with billing please contact us at billing@kwykpix.com. Please be aware that your payment information will be stored and secured by our third party payment processors.
For annual plans, Seller will be entitled to a prorated refund for the months unused on the Seller account. Seller will not be entitled to a refund for the month in which they cancel. If you wish to cancel your annual plan, please contact us at billing@kwykpix.com or access your account through your account dashboard. Please be aware that your payment information will be stored and secured by our third party payment processors.
7. Trial Period
A Seller account may begin with an initial trial period. After such trial period, the Seller authorizes KwykPix to charge Seller’s credit card for the fees associated with the paid Services after such trial period has ended. Seller may cancel at any time during the trial period by notifying KwykPix and Seller’s credit card will not be charged.
8. Automatic Billing
IF SELLER’S ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A FREE TRIAL PERIOD, KWYKPIX MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL PERIOD, UNLESS SELLER NOTIFIES KWYKPIX THAT SELLER WANTS TO CANCEL OR DISABLE THE AUTO RENEWAL FEATURE. By using our Site and Service and having the account set to auto-renewal, Seller AGREES AND AUTHORIZES that we may AUTOMATICALLY CHARGE your credit card for the subsequent periods after your initial payment or trial. If you wish to remove automatic billing from your account, please contact us at billing@kwykpix.com.
9. Refunds
Monthly Plans
For monthly plans, Seller will not be entitled to any refunds for the periods in which Seller has paid. If you have any questions please contact info@kwykpix.com.
10. Collection of Costs
In the event that KwykPix must incur expenses related to collection of any outstanding balance and/or late fees, Seller will immediately pay Kwykpix’s reasonable expenses associated with said collection, including, without limitation, reasonable attorneys’ and collection agency’s fees.
11. Cancellation and Termination of Seller Accounts
Cancellation
If you wish to cancel your Seller’s account, please contact us or use your account dashboard. After we have been notified of your desire to cancel your KwykPix account, we will verify that all transactions have been completed under your account. Once such verification has occurred you will receive a notification from us verifying that your account has been cancelled. Please be aware that once you initiate the cancellation process, your account may become immediately inaccessible and you may not receive a refund for any portion of the paid Seller services. Any refunds shall be limited to the amounts provided for in this Agreement.
Termination
If you have violated this Agreement, the KwykPix User’s Terms of Service, Privacy Policy, or if we determine at our sole discretion that any of your actions have harmed or may harm KwykPix, we may terminate or suspend your Seller account, or our Service to you without notice, though we will strive to provide a timely explanation in most cases. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Taxes
You agree that you are solely responsible for paying any taxes, levies, or fees associated with your use of Site and Service. Although, we may charge you sales tax when using our Service, you agree that if we do not, you will pay any associated taxes, levies, or fees.
13. Payment Processing
Seller must create a PayPal account to receive payments from KwykPix. Please read and agree to PayPal’s terms of service before creating a KwykPix Seller Account. After creating a KwykPix Seller account, you hereby appoint us as your payment processing agent for the limited purpose of receiving payments for any purchases made through KwykPix. Seller will receive a receipt upon payment that will indicate that payment has been made on the applicable date for any products or services sold by Seller. Our obligation to remit funds collected by us on Sellers behalf shall be limited to funds that we have actually received and that are not subject to chargeback or reversal. Seller agrees that KwykPix shall have no obligation to pursue any collection action against any user who has purchased products or services from Seller through the KwykPix Site or Service. Receipt of funds from users by us on your behalf in connection with the KwykPix Service shall be deemed receipt of funds from users by you the Seller. This receipt shall satisfy the obligations owed to you by users purchasing products through the Site and Service, even in the event that we fail to remit such funds received from users to you.
Please be aware that all payments are processed through PayPal. Payments will be processed on the first Monday after a purchase has been made by a user of KwykPix. In the event that a US holiday falls on a Monday, such payment will be processed on the following day. After such processing, payments minus any transactions fees shall be remitted to Seller. Seller should allow for 3-4 business days for remittance of any payments.
14. Order Information and Issues
KwykPix shall process all user purchased payments and refunds for goods sold on KwykPix by Seller. Seller is responsible for all information regarding goods or services that they sell through the Site and Service, including without limitation any product names or descriptions, UPC or product codes, product notices or disclaimers, prices, product availability or status, shipping and handling charges and tax rates (collectively, “Product Information”) and for providing accurate and complete Product Information to users purchasing any items through KwykPix.
Seller is also responsible for any non-delivery, errors in delivery, or other mistakes with fulfillment and delivery of goods and services unless otherwise disclaimed on the Seller’s terms and conditions of sale. Sellers shall be also responsible for any costs related to product recalls.
15. Seller Order Cancellation
All orders for which KwykPix has not received shipping confirmation from Seller within 30 days from the date of the order will be automatically canceled by KwykPix. KwykPix shall notify Seller 25 days after the initial order date that the order will automatically be canceled in 5 days unless Seller is able to confirm that shipment will occur within the 30 day period.
If Seller wishes to cancel any order made by a KwykPix user, Seller shall:
Failure to promptly cancel orders may result in the termination or suspension of Seller’s account.
16. Shipping Guidelines
Seller agrees to adhere to the shipping guidelines listed on its KwykPix Seller page. Failure to abide by these shipping guidelines may result in the termination of Seller’s account. KwykPix recommended shipping timetable is:
- Standard U.S. – 4 to 14 business days after shipping
- Expedited U.S. – 2-6 business days after shipping
- Two-Day U.S. 2 days after shipping
- One-Day U.S. 1 business day after shipping
- International Standard- 3 to 6 weeks (may take 8 to 12 weeks due to customs delays)
-International Expedited- 3 to 7 business days
Failure to promptly ship orders or attempt to comply with this timetable may result in the termination or suspension of Seller’s account.
17. Representations and Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER KWYKPIX NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY PRODUCTS OR SERVICES SOLD THROUGH THE KWYKPIX SERVICE; (C) OUR CONTENT AND ANY SELLER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO KWYKPIX OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
KWYKPIX DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. KWYKPIX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. SELLER ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS SOLE RISK. KWYKPIX DOES NOT WARRANT THAT YOUR USE OF THE SELLER SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND KWYKPIX SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. KWYKPIX DOES NOT ENDORSE ANY CONTENT OR PRODUCTS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR PRODUCTS FOUND ON OR THROUGH KWYKPIX. IN THE EVENT SELLER EXPEREINCES ANY ISSUES WITH THE SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS KWYKPIX, SELLER AGREES THAT ITS SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
18. Limitation of Liability and Release
IN NO EVENT SHALL KWYKPIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES DUE TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF OUR SELLER SERVICES INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. KWYKPIX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR SITE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE MAY BE FOUND LIABLE TO YOU FOR ANY ISSUES REGARDING OUR SITE AND SERVICE, YOU AGREE OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
19. Indemnity
Seller agrees to defend, indemnify and hold harmless KwykPix, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the KwykPix Service. Seller also agrees that it has a duty to defend us against such claims and we may require Seller to pay for an attorney(s) of our choice in such cases. Seller agrees that this indemnity extends to requiring Seller to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and Seller shall be liable for the damages as though KwykPix had proceeded with a trial.
20. Class Action Waiver
You and KwykPix agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
21. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, KwykPix shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and KwykPix.
22. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
24. Choice of Law
This Agreement shall be governed by the laws in force in the state of Wisconsin. The offer and acceptance of this contract is deemed to have occurred in Wisconsin.
25. Forum of Dispute
-You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Dane County, WI.
-If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
-You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
26. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.