Terms and Conditions

1. INTRODUCTION

Welcome to On Technology's Magento to eBay integration plugin ('Xpress Lister'). By using Xpress Lister, you agree to the following terms with On Technology. If you have any questions, please contact the Codisto Help Centre.

This User Agreement was posted in May 2015. It is effective and binding upon all users who accept it by signing up and using Xpress Lister.

In this Agreement:

'On Technology' means On Technology Pty Ltd (ABN 43 126 286 691), a company incorporated pursuant to the laws of Australia.

'User Content' means product information including images created by the user.

2. LICENSE

You may not claim intellectual property or exclusive ownership rights to Xpress Lister. Xpress Lister is the property of On Technology.

3. SCOPE

Before using Xpress Lister, you must read and accept all of the terms in, and linked to, this User Agreement ('Agreement'). By accepting this Agreement, you agree that it will apply whenever you use the Xpress Lister integration software. We strongly recommend that, as you read this Agreement, you also access and read the hyperlinked information.

On Technology offers to provide software whereby using Codisto Xpress Lister users will have the functionality to list products for sale on eBay and to bulk edit those products. You accept and agree that in order for Codisto Xpress Lister to enable this level of integration between Xpress Lister and eBay we are required to access and copy User Content into our proprietary system. You also agree to provide us with all necessary and reasonable cooperation to enable us to perform our obligations under this Agreement.

4. LIMITED WARRANTY

Xpress Lister will function in accordance with the product description. We do not warrant that it will function without errors on all themes or with all web browsers. We are not responsible for any plugin or theme compatibility conflicts that may occur. It is our policy to support the Xpress Lister software as best we can and we will provide support for third party plugin conflicts at our discretion or as time allows. We are not responsible for any loss of User Content that may occur as a result of using Codisto Xpress Lister. Save for this limited warrantee, On Technology offers Xpress Lister "as is" and with no implied meaning that it will function exactly as you would like or will be compatible with all third party components and plugins.

5. SOFTWARE UPDATES & SUPPORT

We will perform updates to Xpress Lister from time to time. However, you agree that we are under no obligation to perform, make or develop any specific enhancements to or customisation of the Xpress Lister, although we may offer such enhancements to you during the term of this Agreement. Support will be offered via the Codisto Help Centre and will be via email.

6. FEES AND SERVICES

Using Xpress Lister and listing up to 10,000 products is free for one use only. We do charge fees for ongoing management of these products thereafter. When you attempt to manage your listings after the initial publish, you will have the opportunity to review and accept our monthly subscription fees you will be charged based on our Fees Schedule. Changes to our Fees Schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Xpress Lister website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Xpress Lister website.

Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees and any applicable taxes in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, we reserve the right to suspend or terminate the service.).

Our fees do not include additional fees that may be levied on you by Magento or eBay and remain your sole responsibility to pay irrespective of whether those fees were incurred intentionally or otherwise. For example, listing your products in bulk onto eBay when you do not have the eBay store subscription that makes listing free of charge may result in unexpected fees from eBay. You agree not to attempt to hold us responsible for any such charges merely because Xpress Lister enabled multiple listings to eBay

7. CLOSING YOUR ACCOUNT

You may close your Xpress Lister account at any time by informing us in writing, subject to: (A) resolving any outstanding matters (such as a suspension or restriction on your account); and (B) paying any outstanding fees owing on the account.

You agree and accept that by closing your Xpress Lister account all integration functionality previously provided by Xpress Lister will cease resulting in any eBay listings current at the time of cancellation being removed from eBay within 7 days of us receiving your written cancellation notice.

8. CONTENT

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

While we try to offer reliable data, we cannot promise that the listing will always be accurate and up-to-date, and you agree not to hold us responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this Agreement and all Magento or eBay policies.

You alone are responsible for ensuring that your listings are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of it.

We cannot guarantee continuous or secure access to Xpress Lister as its operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent egally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use Xpress Lister.

To the extent that we are able to limit the remedies available under this Agreement, we expressly limit our liability for breach of a non-excludable statutory guarantee to the following remedies: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.

9. EBAY LISTING TEMPLATES

All eBay listings managed by Xpress Lister are required to display a short statement with our logo and enabled backlink. We retain the right to modify the wording of the statement or our logo. Template editing is available as part of Xpress Lister but by using our product you agree to not to remove the short statement with our logo and enabled backlink. Any listings found to be in breach of this requirement are deemed to have breached our terms and conditions and any eBay listings current at the time of the breach will be removed from eBay within 7 days of us identifying the breach.

10. BREACH

Without limiting other remedies available to On Technology at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), restrict your activities through our site (including but not limited to posting activities), temporarily suspend, indefinitely suspend or terminate this Agreement and refuse to provide our services to you if you have, or we believe that you have, breached this Agreement, which includes your obligation to pay our fees or we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents.

11. RELEASE

If you have a dispute with one or more of your customers, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. PRIVACY & TRANSACTIONAL EMAILS

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the On Technology Privacy Policy. You acknowledge that the computer servers used to host Xpress Lister are located in Australia and the United States. These are protected by physical as well as technological security devices.

We may on occasion send you email notifications related to your Xpress Lister account. These transactional emails may include notification of licensing changes, specific account information and other transactional emails related to your subscription to the Xpress Lister software. By subscribing to the Xpress Lister you agree to receive these transactional emails.

13. INDEMNITY

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Xpress Lister software.

14. NO AGENCY

On Technology is not your agent for any purpose in relation to this Agreement or your use of Xpress Lister.

15. NOTICES

Legal notices must be served on On Technology's registered office or at the email address provided by the Codisto Support Portal (in the case of On Technology) or to the email address you provide to On Technology during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

In such case, notice will be deemed given three days after the date of mailing.

16. LEGAL DISPUTES

If a dispute arises between you and On Technology, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact Codisto Support Portal to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

17. LAW AND FORUM FOR LEGAL DISPUTES

This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and On Technology irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

18. GENERAL

On Technology is located at 418/5 Celebration Drive, Bella Vista, NSW, 2153, Australia, phone: 13002634786. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches. We may amend this Agreement at any time by posting the amended terms on www.codisto.com or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 7 of this Agreement. This Agreement contains the entire understanding and agreement between you and On Technology. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

19. REFUNDS

We have a 30 day no questions asked refund policy. If you are not satisfied with Xpress Lister for any reason. Please contact support for a full refund within 30 days of signing up.