By signing up for the Firefly services or any of the services of Shopdev Pvt Ltd. or its affiliates (“Firefly”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Firefly under the Terms of Service include several products and services to help you sell goods and services to buyers, online (“Online Services). Any such services offered by Firefly 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 stated hereunder. Firefly reserves the right to update and change the Terms of Service by posting updates and changes to the Firefly website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Firefly’s Acceptable Use Policy (“AUP”) before you may become a Firefly user.
Everyday language summaries are provided for convenience and ease of understanding only and are not legally binding. Please read the “Terms of Service” carefully so that you are fully aware of all legal requirements. By using Firefly or any Firefly services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Firefly account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Firefly may reject your application for an Account for any reason, in our sole discretion.
- You acknowledge that Firefly will use the email address you provide as the primary method for communication
- You are responsible for keeping your password secure. Firefly 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, including the AUP, as determined in the sole discretion of Firefly will result in an immediate termination of your services.
Which Means
You are responsible for your Account and any Materials you upload to the Firefly Service. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
Account Activation
2.1 Firefly Account
- Subject to section 2.1, the person signing up for the Service will be the contracting party (“Account Owner”) for purposes of the 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 Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you explicitly represent and warrant that you have the authority to bind your employer to our Terms of Service.And any decisions taken by us during the course of providing the Service shall also be binding on your employer.
2.2 Domain Names
- It is your sole responsibility to buy a domain name for your business and we’ll give you the instructions to set up or transfer Firefly to this domain. Please note that in absence of no dedicated domain name your default store URL will remain as http://yourstore.fireflystores till you buy a domain name
Which Means
The person signing up for the Firefly Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.
General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of Firefly.
- Technical support is only provided to Firefly Basic Account holders which costs Rs.499 / Month. and support is only available via email or phone call to your specified account manager.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of Pakistan. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Pakistan with respect to any dispute or claim arising out of or in connection with the Terms of Service. Any and all legal costs relating to any dispute shall be borne by the parties respectively.
- You acknowledge and agree that Firefly may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Firefly’s website, available at https://firefly.pk/acceptable-use-policy 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 Firefly’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. We’ll also notify you via email about the amendments in the TOS, from time to time.
- You may not use the Firefly service 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 applicable intellectual property copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Pakistan. You will comply with all applicable laws, rules and regulations in your use of the Service
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Firefly
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Firefly or Firefly trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to support@firefly.pk and any interpretation of the Terms of Service by a user without obtaining clarification or guidance from Firefly shall be at the users’ own risk and cost.
- 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
- You acknowledge and agree that your use of the Service, including information transmitted to or stored by Firefly, is governed by its privacy policy at https://firefly.pk/privacy-policy/
Which Means
The Firefly service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in accordance with the applicable laws and the courts of Pakistan.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Firefly Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time
- We reserve the right to refuse service to anyone for any reason at any time.
- 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 AUP or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Firefly customer, Firefly employee, member, or officer will result in immediate Account termination.
- Firefly does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, if the same are objectionable or violate our AUP.
- 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 Firefly employees and contractors may also be Firefly customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- 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, etc.
- Firefly retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Firefly reserves the right to temporarily disable an Account until a final and conclusive resolution has been determined between the disputing parties.
Which Means
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Firefly account, we can freeze the account or transfer including account’s materials to the rightful owner.
User Responsibility
- You expressly understand and agree that Firefly 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.
- In no event shall Firefly 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, Firefly 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 (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Firefly does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Firefly does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Firefly does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected also in accordance with your expectations, if any.
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.
Waiver and Complete Agreement
The failure of Firefly to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Firefly and govern your use of the Service, superseding any prior agreements between you and Firefly (including, but not limited to, any prior versions of the Terms of Service).
Which Means
If Firefly chooses not to enforce any of these provisions at any time, it does not mean that they 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 Firefly don’t apply if they conflict with these terms.
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Firefly service. All Materials you upload remains yours. You can remove your Firefly store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Firefly to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Firefly can, at any time, review all the Materials submitted to its Service, although Firefly is not obligated to do so.
- You retain ownership over all Materials that you upload to a Firefly 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.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Firefly 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 your responsibility.
Firefly Shipping
You must read, agree with and accept all of the terms and conditions contained in these Shipping Terms before you begin to use the Shipping Services.
You agree to use the Shipping Services in accordance with all procedures that may be provided to you by Firefly from time to time. If you do not agree with these procedures, then you should not use the Shipping Services.
The Shipping Services allows you access to purchase Call Courier, TCS and together the (“Carriers”) shipping to assist you with fulfilment for your Firefly orders.
Firefly reserves the right to modify, suspend or terminate the Shipping Service or your ability to use the Shipping Service at any time, for any reason by notifying you via email.
Theme Store
- You may establish the appearance of your Firefly store with a design template from Firefly’s Theme Store (“a Theme”). You are not permitted to transfer or sell a Theme to any other person’s store on Firefly or elsewhere.
- You may modify the Theme to suit your store. Firefly may add or modify the footer that refers to Firefly at its discretion. Firefly may modify the Theme where it contains, in our sole discretion, an element that violates the Firefly AUP or the Terms of Service, even if you received the Theme in that condition. Firefly may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the Firefly. If you exceed the rights granted by your purchase of a Theme, we may take legal action against you, and may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of Firefly.
- It is the responsibility of the user, and not Firefly, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
Which Means
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that Firefly owns its Themes, so don’t infringe on its rights. For Theme-related problems, contact the Firefly at support@firefly.pk Note that Themes may disappear over time and are subject to change.
Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and any other applicable fees, including but not limited to Subscription Fees, Shipping Fees and any fees relating to your purchase of any products or services such as shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Shipping Fees and the Additional Fees are referred to as the “Fees”. You agree to pay Rs. 499 per month after the first free trial month via IBFT or Cash Deposit.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Shipping Fees will be charged on per order basis if you opt to use our shipping service. 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. As well, an invoice will appear on the Account page of your Firefly administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- Firefly does not provide refunds but we do allow users to raise any disputes and we are more than eager to resolve any disputes,disputes, provided that such disputes are related only to the provision of Services by Firefly.
- If you are not able to make the payment of Fees after the first email, we will make a second attempt to remind you about payment via an email to your provided email address 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. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Firefly reserves the right to terminate your Account.
Which Means
You will be billed for your Subscription Fees every 30 days. We will make a second attempt to remind you about payment via an email to your provided email address 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 If payment of Fees is unsuccessful after three attempts, Firefly may freeze your store. No refunds.
Cancellation and Termination
- You may cancel your Account at anytime by emailing support@firefly.pk and then following the specific instructions indicated to you in Firefly’s response.
- We reserve the right to modify or terminate the Firefly Service or your Account for any reason, without notice at any time.
- Upon termination of the Services by either party for any reason:
- Firefly 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
- We’ll handover all the customers’ data, any assets including but not limited to artworks, product images, banners etc to you on the date of termination or cancellation
- Any outstanding balance owed to Firefly for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- Your store website will be taken offline
- 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.
- Fraud: Without limiting any other remedies, Firefly 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 Site.
Which Means
To initiate a cancellation, email support@firefly.pk. Firefly will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days written or published notice from Firefly. Such notice may be provided at any time by posting the changes to the Firefly Site (www.firefly.pk) or the administration menu of your Firefly store via an announcement.
- Firefly reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with notice.
- Firefly 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.
Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Firefly’s partners or other third parties.
- Firefly may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Firefly App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Firefly’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Firefly has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Firefly’s websites, including the Firefly App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Firefly. Firefly does not guarantee the availability of Third Party Services and you acknowledge that Firefly may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Firefly is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Firefly strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Firefly is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- Under no circumstances shall Firefly be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Firefly has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Firefly partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Which Means
We are not responsible for third party services so use them at your own risk. If you use any third party services on the Firefly platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
Privacy & Data Protection
Firefly 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 Firefly’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
Which Means
Firefly’s use and collection of personal information is governed by our Privacy Policy.
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