Product Specific Terms
Effective Date: 25th November, 2020
These Product Specific Terms, together with our Terms of Service and any policies or other legal terms, apply to your access to and use of specific products and services available via the Services.
The Product Specific Terms are incorporated by reference into our Terms of Service. Any terms not defined in these Product Specific Terms have the meanings outlined in our Terms of Service. Except as otherwise expressly outlined in these Product Specific Terms, our Terms of Service shall govern, in the event of an inconsistency or conflict, followed by these Product Specific Terms. If you have any questions or remarks about these Product Specific Terms, feel free to send us an email at support@diywebsites.ie.
Table of Contents
1. eCommerce
2. Domains
3. About the Consultative Services
4. Modifications to Product Specific Terms
5. Modifications to the Product Specific Terms
6. Terms and Privacy templates legal disclaimer
Appendix I - Consultative Services Schedule for Select Plans
1. eCommerce
1.1. eCommerce Responsibilities. The Services combine features that allow you to sell or provide services and products or otherwise receive payments from your End Users (such activities collectively, "Your eCommerce"). We're not a party to, and we aren't liable for, Your eCommerce. You're solely responsible for Your eCommerce and compliance with any laws or regulations related to it, including without limitation the following:
1.1.1. Taxes. You're solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the sale or purchase of services or products in connection with Your eCommerce; (b) collecting, reporting, and remitting required Taxes to relevant government authorities; (c) informing your End Users of any required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide services to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting, or related materials that we may provide via the Services are only for illustration purposes, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we communicate should be interpreted as such.
1.1.2. Delivery And Fulfillment. You're solely responsible for delivering and fulfilling your services and products to your End Users.
1.1.3. Warranties And Claims. You're solely responsible for any warranties or claims you make in connection with Your eCommerce and any claims made by End Users against you.
1.1.4. Customer Service. You're solely responsible for handling any complaints or comments related to Your eCommerce, including without limitation any issues related to payments, refunds, promotions, or chargebacks. You agree to provide complete and accurate contact information on Your Sites so that your End Users can submit complaints or comments to you.
1.1.5. Site Terms, Policies, And Legal Compliance. In addition to your obligations outlined in the Terms of Service to provide specific policies, you agree to post and make available on Your Sites and any other terms or policies that may be required by applicable law. You warrant that Your eCommerce and Your Sites and your conduct comply with all applicable regulations and laws. You agree that we do not and will not provide any legal advice regarding such terms, compliance, or policies.
1.1.6. eCommerce, Consumer, And Other Laws. You are responsible for complying with any eCommerce, consumer, services, products, goods, and related laws.
1.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution, or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation concerning trade secrets, intellectual property, consumer protection, privacy or publicity rights, transportation, shipping or, regulations or sanctions, product safety or trade regulations or export controls.
1.3. eCommerce Suspensions. While we'd prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, Your Sites, or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Your eCommerce if you're violating our Terms of Service.
1.4. eCommerce Payment Processors. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors ("eCommerce Payment Processors"). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors' terms and policies. We aren't liable and don't control for any eCommerce Payment Processors or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are a Third Party Service, as defined in our Terms of Service. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with Your eCommerce transactions.
1.5 Prohibited products
The following products are prohibited:
Tobacco, medical drugs or drug paraphernalia
Products of a pornographic nature
Illegal/banned substances or products, any item that promotes illegal activity.
Items that promote violence
Any item that promotes discrimination in any form.
In the event that any prohibited products listed for sale, you may be automatically suspended User Account from using our website at our discretion.
1.6 Sale of Alcohol
Any Vendor who wishes to sell alcohol using eCommerce must ensure that they have a valid licence to do so. Examples: Full Off Licence, a Publicans Licence, a Wine Retailers On Licence or a Wine Retailers Off Licence or other.
All Vendors must comply in full with all legislation controlling the sale of intoxicating liquor, to include but not limited to, the Intoxicating Liquor Act 2008, Intoxicating Liquor Act 2003, Intoxicating Liquor Act 2000, the Licensing Act 1872 together with any and all Regulations regarding Distance Selling and the sale of Alcohol online.
The Vendor must ensure that the transaction for the sale of alcohol takes place at the licensed premises.
The Vendor must show he is in control of the delivery and that proper methods are used to ensure that the actual person who bought the alcohol takes delivery of it and that the buyer must be over 18 years old. Failure to do so is a criminal offence.
Delivery of alcohol is restricted to those time and days when alcohol is permitted to be sold in physical premises for consumption off the premises.
Failure to comply with any of the above provisions will lead to the Vendor account being deactivated by the Service without prior notice to the you the User.
2. Domains
The Services allow connecting your own Domain to the Website. We aren't liable and don't control your Domain. We may suspend Your Domain or Your eCommerce, Your Site, or Your Account if you're violating our Terms of Service.
3.1. About the Consultative Services
3.1.1. Applicability. This Section applies only to purchasers of our Consultative services we offer and cover your use of and access to the services provided under the Consultative Services. The Consultative Services include the services listed in the Consultative Services Schedule in Appendix I, which may be modified over time. Some or all Consultative Services may be limited by a fixed number of hours for a fixed period as specified in your Consultative Services. Hours not used during the applicable period will not carry over to the following period. They will be forfeited, and you will not be entitled to any refund, discount, or reimbursement for any such unused Consultative Services.
3.1.2. Account Managers. We will assign an "Account Manager" that: (a) will serve as your primary point of contact at DYI Websites for your Consultative Services; (b) will provide certain Consultative Services; We may from time to time replace the Account Manager assigned to you.
3.1.3. Account Representatives. Your "Account Representatives" are your employees or agents that you designate to be your primary points of contact for the Consultative Services. You may assign three (3) such as Account Representatives. You agree to make all your communications with DIY Websites regarding the Consultative Services through your Account Representatives. Use of certain Consultative Services may be limited to your Account Representatives (including access to the Consultative Services).
3.1.4. User Content. Without limiting the generality of our Terms of Service, User Content includes information provided to us (whether through email, web forms, or any other means) in connection with the Consultative Services.
3.2. Your Responsibilities, Representations, And Warranties
3.2.1. Your Consultative Services Responsibilities. You agree to (a) provide on time and in the form requested by DIY Websites all documents, materials, and information reasonably required in connection with our provision of the Consultative Services to you; (b) ensure that all such documents, materials, and information are accurate and complete; and (c) provide on time any other cooperation requested by DIY Websites in connection with our provision of the Consultative Services to you. We are not liable for any delay in providing or failure to provide the Consultative Services to the extent caused, directly or indirectly, by your breach of the immediately preceding sentence or by any act or omission of you, your Account Representatives, your agents, subcontractors, consultants or employees.
3.2.2. Your Consultative Services Warranties and Representation. You represent, covenant, and warrant that: (a) if you agree to the Product Specific Terms and the Terms of Service on behalf of an organization, then (i) you have all necessary right and authority to so binding that organization to the Product Specific Terms and Terms of Service, and (ii) you will provide any documentation we deem necessary to confirm the right above and authority; and (b) the Account Representatives can act on your behalf or otherwise represent you, and DIY Websites may rely on the information and direction provided by any Account Representative.
3.3. Disclaimer of Consultative Services. Without limiting the generality of any disclaimers in the Terms of Service: (a) DYI Websites makes no representation or warranty regarding any results or outcomes that may be obtained through the Consultative Services or that any outcome or result will meet your expectations, requirements, or objectives; (b) DIY Websites does not endorse any particular use, practice or course of action; (c) the Consultative Services are provided as an informational and educational resource, and on an "as is" and "as available" basis; and (d) you will not rely on advice or information provided through the Consultative Services.
3.4. Modifications to the Services. The Consultative Services will evolve as we refine, add, and potentially remove features and services with our users' needs. DIY Websites may update or discontinue particular features or other aspects of Select Services from time to time. We'll try to inform you of any changes with reasonable notice so you can adjust your use of the Consultative Services, but you agree that we have no obligation to do so. Also, to the extent that DYI Websites discontinues or cancels any of the Services set out in the Consultative Services in Appendix I below, such discontinuation or cancellation shall take effect upon the renewal of your then-current subscription period. In subsequent renewal periods, you will be automatically transferred to the then-current Consultative Service of comparable scope.
3.5. Additional Terms
3.5.1. Publicity. We may ask you to participate in a case study or provide a testimonial relating to your use and experience with the Select Services. Such a case study or testimonial may be accessible or distributed publicly, including our websites, through our advertising partners, marketing materials, and in white paper form. Your participation in any such case study or testimonial is voluntary, and should you agree to participate. You will be able to approve the materials before their finalization, provided that your approval shall not be unreasonably delayed or withheld (which may be determined based, among other factors, on the circumstances of your agreement to participate, commitments or promises to participate and the extent of your involvement). For the avoidance of doubt, nothing in this Section shall be construed to limit or derogate our rights outlined in the Terms of Service.
4. Term and Termination
These Product Specific Terms will remain in effect until our Terms of Service are terminated under the terms therein. All sections of these Product Specific Terms that by their nature should survive termination shall survive termination, including without limitation those sections relating to your responsibilities, your representations, your warranties, and disclaimers of any of the products or Services referred to herein.
5. Modifications to Product Specific Terms
We may modify these Product Specific Terms from time to time and post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you per the procedures outlined in our Terms of Service. By continuing to use or access any of the products or Services referred to hereinafter any modifications come into effect, you agree to be bound by the modified Product Specific Terms and price changes. If you disagree with our changes, you must stop using the applicable Services and cancel the applicable Paid Services.
6. Terms and Privacy templates legal disclaimer
A DIY Website is provisioned with default Terms and Privacy page templates.
These sample templates are not legal advice and by using them you agree to this disclaimer. The materials below are for informational purposes only and do not constitute advertising, a solicitation or legal advice. You should consult independent legal advice before publishing these agreements. You should read the generated information with care and modify, delete or add all and any areas as necessary. Use of, access to or transmission of such materials and information or any of the links contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship between IceWolf Technology and the user or browser. You should not rely upon this information for any purpose without seeking legal advice from a licensed attorney in your state or province. The information contained is provided only as general information and may or may not reflect the most current legal developments; accordingly, information is not promised or guaranteed to be correct or complete. IceWolf Technology expressly disclaims all liability in respect to any actions taken or not taken based on any or all of the contents of this website. Further, IceWolf Technology does not necessarily endorse and is not responsible for any third-party content that may be accessed through this information.
Appendix I - Consultative Services
Service or Website On-boarding
Search Engine Optimization (SEO) Consultations
Private Product or Service Trainings
Quarterly Site Reviews
Design Consultation