Terms and Conditions

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Spreadsta App, an ecommerce customer referral app that is available through the Shopify App Store and other similar ecommerce platforms (App) and any other services made available through the App.

By downloading and/or using the App, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Schaeffer Importing Pty Ltd trading as Spreadsta, an Australian business with ABN 75 636 586 944 (Spreadsta, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Store), which sets out additional terms that apply to Stores, being a Shopify ecommerce store that has integrated the App with its shop (Shop) via an ecommerce platform; and
Part C (Customers), which sets out additional terms that apply to Customers, being customers who participate in a Promotion (defined below) via a Store.

If you intend to use the App as a Store, only Parts A and B of these terms will apply to you.

If you intend to use the App as a Customer, only Parts A and C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the App, our website and any associated services we offer.

When we talk about a “Promotion” in this agreement, we are referring to a promotion created via the functionality of the App and listed by the Store on its Shop.When we talk about an “Order” in this agreement, we are referring to an order submitted by a Customer for Products via a Promotion.

When we talk about “Products” in this agreement, we are talking about products purchased by a Customer from a Store as set out in an Order.

We may use:

Google Maps/Earth mapping services, including Google Maps API(s);
Meta (Facebook) API(s), including Messenger, WhatsApp and Instagram;
Shopify API(s);and
Other ecommerce platforms API(s).

Your use the above APIs are subject to their Additional Terms of Service.]

Part A All Users

1 INTRODUCTION

(a) These terms set out the terms and conditions that apply when you use the Services.

(b) By using the App, or otherwise engaging with the content on the App, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms.

(c) If you use the App on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our App on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

(d) Please have a careful read through these Terms before using the App. If you don’t agree to these Terms, please don’t use the App.

(e) We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the App after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

2 ACCOUNTS

(a) In order to use the App, all Users are required to sign-up for an account through the App (an Account).

(b) As part of the Account registration process and as part of your continued use of the App, you may be required to provide personal information and details, such as your email address, first and last name, company/business name (if signing up as a Store) preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Spreadsta from time to time.

(c) You warrant that any information you give to Spreadsta in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d) You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign into your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your basic profile information.

(e) Once you complete the Account registration process, Spreadsta may, in its absolute discretion, choose to accept you as a registered user within the App and provide you with an Account.

(f) Spreadsta reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g) Spreadsta may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3 USER OBLIGATIONS

As a User, you agree:

(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Spreadsta of any unauthorised use of your Account, password or email, or any other breach or potential breach of the App’s security;

(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Spreadsta;

(d) not to act in any way that may harm the reputation of Spreadsta or associated or interested parties or do anything at all contrary to the interests of Spreadsta or the App;

(e) not to make any automated use of the App and you must not copy, reproduce, translate, adapt, vary or modify the App without the express written consent of Spreadsta;

(f) that Spreadsta may change any features of the App or Services offered through the App at any time without notice to you;

(g) that information given to you through the App, by Spreadsta or another User including a Store, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(h) that Spreadsta may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4 POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the App (Posted Material), you represent and warrant that:

(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

(b) the Posted Material is accurate and true at the time it is provided;

(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the App or any network or system; and

(h) the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

(a) You grant to Spreadsta a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Spreadsta to use, exploit or otherwise enjoy the benefit of such Posted Material.

(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Spreadsta from any and all claims that you could assert against Spreadsta by virtue of any such moral rights.

(c) You indemnify Spreadsta against all damages, losses, costs and expenses incurred by Spreadsta arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

(a) Spreadsta acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Spreadsta may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the App) at any time without giving any explanation or justification for removing the Posted Material.

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

5 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Spreadsta will have no liability or obligation to you if:

(a) a Customer or Store cancels at any time after the acceptance of a Promotion; or

(b) for whatever reason, including technical faults, an Order submitted via a Promotion cannot be provided,

and you will not be entitled to any compensation from Spreadsta.

6 SERVICE LIMITATIONS

The App is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Spreadsta cannot and does not represent, warrant or guarantee that:

(a) the App will be free from errors or defects;

(b) the App will be accessible at all times;

(d) information you receive or supply through the App will be secure or confidential; or

(e) any information provided through the App is accurate or true.

7 INTELLECTUAL PROPERTY

(a) Spreadsta retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using the App. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Spreadsta or as permitted by law.

(c) In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

8 THIRD PARTIES

8.1 THIRD PARTY CONTENT

The App and Website may contain text, images, data and other content provided by a third party and displayed on the App (Third Party Content). Spreadsta accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

8.2 THIRD PARTY LINKS

The App and Website may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

8.3 THIRD PARTY TERMS AND CONDITIONS

(a) By using the App, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google, or e-commerce platforms such as Shopify).

(b) You agree to any Third Party Terms applicable to any third party goods and services, and Spreadsta will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

9 OPERATION OF THE APP DEPENDANT ON THIRD PARTIES

You acknowledge that the App are dependent on software and hardware developed by third party providers such as Shopify, Google and Facebook. If following an update by such third party provider, the App can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

10 DISPUTES RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

11 SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the App. You should take your own precautions to ensure that the process which you employ for accessing the App does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

12 DISCLAIMER

(a) (Limitation of liability) To the maximum extent permitted by applicable law, Spreadsta excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the App or its use or any Promotion or Products provided by any Store. This includes the transmission of any computer virus.

(b) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

(c) (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(d) (Indemnity) You agree to indemnify Spreadsta and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

(i) breach of any term of this agreement;

(ii) use of the App;

(iii) negligent, fraudulent or criminal act or omission; or

(iv) your provision or receipt of a Promotion from another User.

(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Spreadsta be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App, this agreement or their subject matter, or any Promotion provided by any Store (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

13 CONFIDENTIALITY

You agree that:

(a) no information owned by Spreadsta, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(b) all communications involving the details of other users on this App and of the Store are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

14 PRIVACY

You agree to be bound by the clauses outlined in Spreadsta’s Privacy Policy, which can be accessed here www.spreadsta.com.

15 COLLECTION NOTICE

(a) We collect personal information about you in order to enable you to access and use the App, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

16 CANCELLATION

16.1 CANCELLATION BY YOU

You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided in the App and third party platform (such as Shopify).

16.2 CANCELLATION BY US

(a) To the extent permitted by law, we reserve the right to terminate your access to any or all of the App or any part of the App at any time without notice, for any reason.

(b) We may also terminate your access to any or all of the App at any time without notice if you breach any provision of these Terms.

16.3 EFFECT OF CANCELLATION

Upon cancellation, termination or expiry of your Account, we will delete any Posted Materials associated with your Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.

16.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

17 LOCATION OF APP

(a) Spreadsta controls the operation of the App from headquarters located in Australia. Some App or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

(b) We make no representation or warranty that all of the features of the App will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

(c) You’re solely responsible for your decision to use the App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the App.

18 TAX

You are responsible for the collection and remission of all taxes associated with an Order submitted via a Promotion you provide or receive or any transactions through your use of the App, and Spreadsta will not be held accountable in relation to any transactions between Customers and Stores where tax related misconduct has occurred.

19 RECORD / AUDIT

To the extent permitted by law, Spreadsta reserves the right to keep all records of any and all transactions and communications made through this App between you and other Users (including conversations, user posts, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Spreadsta.

20 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

21 GENERAL

21.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

21.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

21.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

21.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

21.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

21.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B Stores

1 INTRODUCTION

(a) The App may be available to be downloaded and installed on the Store’s Shop via an App Store Platform such as the Shopify App Store.

(b) The Store will need to follow the prompts outlined on the relevant App Store Platform.

(c) Installation of the App may need to be facilitated by the platform or by a third party developer. You acknowledge and agree that installation is not the responsibility of Spreadsta.

2 PROMOTIONS

You acknowledge and agree that:

(a) it is your sole responsibility to create and list Promotions via the App. Spreadsta is not responsible for the content or success of any Promotion;

(b) Spreadsta may limit the number of Promotions you can submit via the App at any one time;

(d) any information you supply in a Promotion must be true, timely and accurate;

(e) delivery of Products to the Customer is the responsibility of the Store;

(f) you must take all reasonable steps to provide the Products as described in every Promotion that is accepted by a Customer, including by not cancelling any part of such a Promotion;

(g) Spreadsta does not guarantee that use of the Services will result in an increase in sales or revenue for you;

(h) any additional terms and conditions relating to a Promotion and/or Order, are solely between you and the relevant Customer and do not involve Spreadsta in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement.

3 YOUR OBLIGATIONS

You must, and must ensure that all Customers, comply with this agreement at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your, your Personnel’s, or any Customer’s, breach of this agreement, and you indemnify us in respect of any such damage, loss or expense.

4 FEES

4.1 APP FEES

Downloading the App and posting a Promotion is FREE.

4.2 COMMISSION FEE PAYABLE

(a) We will charge you a percentage of the total price (after the Promotion discounts have been applied and prior to postage charges) of an Order (Total Price) placed by a Customer via a Promotion (Commission Fee).

(b) Spreadsta reserves the right to change the Commission Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.

(c) You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Total Price and we will calculate the Commission Fee on an amount equal to the Total Price plus any taxes applicable to the Total Price.

4.3 PROCESS FOR PAYING THE COMMISSION FEES

(a) , The Store must pay the Commission Fees for all relevant Orders.

(b) The Commission Fees will be invoiced and paid monthly via the payment method set out in clause 4.4 below.

4.4 PAYMENT METHOD

(a) If the Store is using the Shopify platform:

(i) Spreadsta will use the relevant Shopify Billing API to transfer the Store’s invoices and charge the Store the Commission Fees via the Shopify Billing services;

(ii) the Commission Fees will be added to the Store’s Shopify monthly invoice as a “Spreadsta Usage Charge” (Spreadsta Usage Charge);

(iii) the Store must pay the Spreadsta Usage Charges to Shopify, who will then transfer the Spreadsta Usage Charges to Spreadsta on the Store’s behalf;

(iv) all Order and Commission Fee data can be accessed by the Store on the App dashboard under the ‘Billing and Customer Sales’ tab; and

(v) the Store acknowledges and agrees that it will abide by Shopify’s billing terms at all times, including its Terms of Service, found here: https://www.shopify.com/legal/terms .

(b) If the Store is not using the Shopify Platform, Spreadsta will issue the Store a monthly invoice. Such invoice is payable by the Store to Spreadsta immediately upon receipt.

4.5 LATE PAYMENT

If the Store does not pay Spreadsta the amounts due on or before the due date, without limiting any of Spreadsta’s other rights under this agreement, the Store must pay Spreadsta interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which payment is received by Spreadsta.

5 REFUNDS & CANCELLATIONS

(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel an Order submitted via a Promotion before you have fulfilled the requirements of the Order, you must liaise directly with the Customer. Spreadsta will have no liability or obligation to you or a Customer for any cancellation of an Order.

(b) You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Promotion is in compliance with all applicable laws.

(c) The Commission Fee is by default non-refundable. However, Spreadsta may, in its absolute discretion, issue refunds of the Commission Fee in certain circumstances.

6 BINDING CONTRACT

You agree that when a Customer submits an Order via a Promotion, this constitutes a binding contract between you and that Customer, where you will provide the Customer with the Products in the Promotion they accepted in exchange for your receipt of the Total Price.

7 WARRANTIES

By listing yourself as a Store on the App or posting a Promotion, you represent and warrant that:

(a) you are able to provide the Products and any discounts as specified in the Promotion; and

(b) you will provide the relevant Products to Customers in compliance with all applicable laws.

Part C Customers

1 PROMOTIONS

(a) You acknowledge and agree that:

(i) you must only share the Promotions with real people (Contacts);

(ii) you will need to share a Promotion with the minimum number of Contacts as set out in the relevant Promotion (Minimum Required Contacts);

(iii) once you have shared a Promotion with the Minimum Required Contacts, you will be provided with a promotional coupon code which can be used to receive the relevant discount (Promotional Coupon Code);

(iv) a Promotional Coupon Code can only be redeemed once per Customer email ID. If a Customer wishes to enter the same Promotion subsequent times, they are required to share the Promotion with a new set of Contacts,

(v) any additional terms and conditions relating to a Promotion are solely between you and the relevant Store and do not involve Spreadsta in any way, except that such terms and conditions must not be inconsistent with your or the Store’s obligations under this agreement.

2 PERMISSIONS

To get the most out of the Services, you may be asked to share and give permission for us to access your:

(a) friend list from your Facebook account;

(b) followers from your Instagram account;

(d) location.

You can change permissions via the Services or your mobile device at any time.

3 PURCHASES VIA PROMOTIONS

(a) If you submit an Order from a Store via a Promotion (Purchase), you are entering into an agreement with that Store and you will be subject to their terms and conditions (Store Terms and Conditions) in respect of that Purchase.

(b) You are solely responsible for the Purchase and for complying with your obligations under the Store Terms and Conditions.

4 PAYMENT

(a) Using the Services are free.

(b) Unless otherwise agreed in writing with the Store, you must pay for all Products specified in an accepted Promotion prior to the Store providing those Products.

5 CANCELLATIONS

(a) Spreadsta will have no liability or obligation to you if a Store cancels an Order after it has been agreed and you will not be entitled to any compensation from Spreadsta in relation to any such cancellation.

(b) If you wish to cancel an Order before the Store has fulfilled the requirements specified in the relevant Order, you must contact the Store.

(c) If you cancel an Order submitted via a Promotion, whether the Total Price paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Store.

6 LINKED BUSINESSES

You acknowledge and agree that:

(a) the App facilitates Promotions on behalf of Stores owned and operated by third parties that are not under the control of Spreadsta;

(b) the provision by Spreadsta of Promotions via a Store does not imply any endorsement or recommendation by Spreadsta of any Store;

(c) Spreadsta does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Store who uses or is listed on the App; and

(d) any terms and conditions relating to an Order or Promotion provided via the App constitute a contract between you and the Shopify and does not involve Spreadsta in any way.