Last updated on: November 1st, 2019
By signing up for a Reacitve Ordering (as defined in Section 1) or by using any Reactive Ordering Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “Blastup”, “Blastup Ltd.”, “Reactive Ordering” and “Reactive” means the applicable Reactive Ordering Contracting Party (as defined in Section 4 below).
The services offered by Reactive Ordering under the Terms of Service include various products and services to help you sell goods to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Reactive Ordering 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. You can review the current version of the Terms of Service at any time at https://www.reactiveordering.com/terms-of-service. Reactive Ordering reserves the right to update and change the Terms of Service by posting updates and changes to the Reactive Ordering website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Reactive Ordering or any Reactive Ordering services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
To access and use the Services, you must register for a Reactive Ordering account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Reactive Ordering may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of:
(i) 18 years, or
(ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Reactive Ordering for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Reactive Ordering will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Reactive Ordering 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 Reactive Ordering may result in an immediate termination of your Services.
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You are responsible for your Account and any Materials you upload to the Reactive Ordering Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
2.1 Store Owner
Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Reactive Ordering Store can only be associated with one Store Owner. A Store Owner may have multiple Reactive Ordering Stores. “Store” means the online store or physical retail location(s) associated with the Account.
2.2 Staff Accounts
Based on your Reactive Ordering pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information.
The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
The Store Owner and the users under Staff Accounts are each referred to as a “Reactive Ordering Administrator”.
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Only one person can be the “Store Owner”, usually the person signing up for the Reactive Ordering Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.
3. General Conditions
Technical support in respect of the Services is only provided to Reactive Ordering Users and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Cypriot laws applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Blastup Ltd. may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Reactive Ordering website, available at https://www.reactiveordering.com/terms-of-service 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 the Reactive Ordering 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.
You may not use the Reactive Ordering Services 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 copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Cyprus. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Reactive Ordering.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Reactive Ordering or Reactive Ordering trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to email@example.com.
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.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Blastup Ltd. shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Blastup’s prior written consent, to be given or withheld in Blastup’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Sections 1, 3(2)-(5), 4, 6-8, 13-14, 16(9)-(11), 18, 20 and 21 will survive the termination or expiration of these Terms of Service.
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The Reactive Ordering service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use Reactive Ordering’s APIs, you will comply with our API terms.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Reactive Ordering Contracting Party
a. “Reactive Ordering Contracting Party” means Blastup Ltd., a Cypriot company, with offices located at 3 Kyriakou Matsi Street, Roussos Limassol Tower, 3040, Limassol, Cyprus.
b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Cyprus with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
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If a dispute arises you may bring an action, in Cypriot courts.
5. Reactive Ordering Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
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 Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Reactive Ordering customer, Reactive Ordering employee, member, or officer will result in immediate Account termination.
Reactive Ordering does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
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 Blastup Ltd. employees and contractors may also be Reactive Ordering customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) 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, your status as an employee of an entity, etc.
Reactive Ordering retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Reactive Ordering reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
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We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a Reactive Ordering account, we can freeze the account or transfer it to the rightful owner, as determined by us.
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Reactive Ordering’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.
Confidential Information shall not include any information that the receiving party can prove:
(A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information;
(B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or
(C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
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Both you and Reactive Ordering agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
7. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Blastup Ltd. 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.
To the extent permitted by applicable laws, in no event shall Blastup Ltd. 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, Blastup Ltd. 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 Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Blastup Ltd. does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Blastup Ltd. does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Blastup Ltd. does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
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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 and our liability is limited.
8. Waiver and Complete Agreement
The failure of Blastup Ltd. 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, including the documents it incorporates by reference, constitute the entire agreement between you and Blastup Ltd. and govern your use of the Services and your Account, superseding any prior agreements between you and Blastup Ltd. (including, but not limited to, any prior versions of the Terms of Service).
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If Blastup Ltd. chooses not to enforce any of these provisions at any time, it does not mean that we 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 Blastup Ltd. don’t apply if they conflict with these terms.
9. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Reactive Ordering Service. All Materials you upload remains yours. You can remove your Reactive Ordering 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 Blastup Ltd. to store, and in the case of Materials you post publicly, display and use your Materials; and
(c) that Blastup Ltd. can, at any time, review and delete all the Materials submitted to its Service, although Blastup Ltd. is not obligated to do so.
You retain ownership over all Materials that you upload to the 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.
Blastup Ltd. 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.
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