Terms of Service
By signing up for the MyBiz.vn service (“Service”) or any of the services of MyBiz.vn Inc. (“MyBiz.vn”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by MyBiz.vn under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service 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.mybiz.vn/legal/terms. MyBiz.vn reserves the right to update and change the Terms of Service by posting updates and changes to the MyBiz.vn website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. Account Terms
1. 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 MyBiz.vn account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. MyBiz.vn may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. You acknowledge that MyBiz.vn will use the email address you provide as the primary method for communication.
3. You are responsible for keeping your password secure. MyBiz.vn cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
4. You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your MyBiz.vn Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
5. A breach or violation of any term in the Terms of Service as determined in the sole discretion of MyBiz.vn will result in an immediate termination of your services.
2. Account Activation
2.1 MyBiz.vn Account
1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account 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 Account Owner in connection with the Service.
2. 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 represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2 PayPal Express Checkout and MyBiz.vn Payments Accounts
1. Upon completion of sign up for the Service, MyBiz.vn will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, MyBiz.vn may also create a MyBiz.vn Payments account on your behalf.
2. You acknowledge that PayPal Express Checkout and/or MyBiz.vn Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 16 of these Terms of Service.
2.3 Apple Pay for Safari Account
1. Upon completion of sign up for the Service, MyBiz.vn will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, MyBiz.vn may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 16 of these Terms of Service.
2. If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your store using Apple Pay.
3. By using Apple Pay on your store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: https://www.mybiz.vn/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your store.
2.4 Domain Names
1. Upon purchasing a domain name through MyBiz.vn, domain registration will be preset to automatically renew each year so long as your MyBiz.vn Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. General Conditions
1. Technical support is only provided to paying Account holders and is only available via email.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario 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.
3. You acknowledge and agree that MyBiz.vn may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on MyBiz.vn’s website, available at https://www.mybiz.vn/legal/terms 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 MyBiz.vn’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.
4. You may not use the MyBiz.vn 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 copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
5. 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 MyBiz.vn.
6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use MyBiz.vn or MyBiz.vn trademarks and/or variations and misspellings thereof.
7. Questions about the Terms of Service should be sent to [email protected]
8. You understand that your Store Content (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.
10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and MyBiz.vn’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.mybiz.vn/legal/terms will prevail.
4. MyBiz.vn Rights
1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any MyBiz.vn customer, MyBiz.vn employee, member, or officer will result in immediate Account termination.
5. MyBiz.vn does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
6. 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 MyBiz.vn employees and contractors may also be MyBiz.vn customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7. 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.
8. MyBiz.vn 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, MyBiz.vn reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.