Terms Of Service
Last updated on 2021-02-18
The following terms and conditions (this 'TOS') govern the use of the zerokie.com website and all domains, webpages, sub domains and subparts therein contained (the 'WEBSITE'). All services available through the WEBSITE are provided by Scope Creep, LLC. (“Scope Creep”).
The WEBSITE and all services (collectively, the 'SERVICES') are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that be published from time to time on the WEBSITE by Scope Creep (collectively, 'THE AGREEMENT').
By using or accessing any part of the WEBSITE you agree to become bound by all of the TOS of this agreement. If you do not agree to all of the TOS contained in this agreement then you may not access the WEBSITE or use any of its SERVICES.
Scope Creep provides a way for small physical shops to make their products discoverable by customers in their community. Payments are transacted through Stripe ('Facilitated Payment Mode', or 'FPM').
1. Modification of These Terms
Scope Creep reserves the right, at its sole discretion, to modify or replace any part of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of or access to the WEBSITE following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, you must cease accessing the WEBSITE and its SERVICES.
2.1 Your use of the SERVICES
Scope Creep hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the SERVICES solely for the purposes of publishing the store inventory, in each case in compliance with the TOS.
You must not:
- Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure of all or any part of the SERVICES. Remove or alter any proprietary notices or labels on or in the SERVICES or WEBSITE content.
- Engage in any activity that interferes or disrupts with the SERVICES or engage in any fraudulent activity or activity that facilitates fraud.
2.2 Your Registration Obligations
By registering an account on the WEBSITE you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the WEBSITE registration form (the 'REGISTRATION DATA') and maintain and promptly update the REGISTRATION DATA to keep it true, accurate, current and complete.
2.3 Your Account Security
By registering an account on the WEBSITE, you are fully responsible for maintaining the security and confidentially of your account. You are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users with access your account. You agree to immediately notify Scope Creep of any unauthorised access to your account. Scope Creep will not be liable for any loss, damage or other liability arising from your failure to comply with this section of the TOS or from any unauthorised access to or use of your account.
3.1 Your Content
If you post any links, videos, audio files, photographs, graphics or computer software ('CONTENT') to the WEBSITE you hereby grant Scope Creep a non-exclusive, worldwide, royalty-free, transferable sub-licensable right to use, reproduce, adapt, modify, distribute, translate, publish your CONTENT, in whole or in part for any purpose whatsoever.
You are entirely responsible for your CONTENT and any harm resulting from your CONTENT. By making your CONTENT available through the SERVICES, you agree not to:
- Upload, post, email, transmit or otherwise make available any CONTENT that us unlawful, harmful, threatening, abusive, harassing, pornographic, tortuous, defamatory, vulgar, obscene, libellous, racist or invasive of another persons privacy
- Make available any CONTENT that infringes any patent, trademark, copyright, trade secret or any other intellectual property or proprietary rights of any individual or organisation
- Upload, post, email, transmit or install any malicious software, such as worms, malware, spyware, Torjan horses or other destructive or harmful content
- Interfere or disrupt the SERVICES, services or networks connected to the SERVICES
- Use an account name that misleads your customers or potential customers into believing that you are another person or company
Scope Creep will not be liable for any loss, damage or harm resulting from the posting of your CONTENT. Scope Creep reserves the right to, in it's sole discretion, refuse or remove any content that, in Scope Creep's reasonable opinion, violates any Scope Creep policy or is in any way harmful. Scope Creep reserves the right to terminate or deny access to the use of the WEBSITE and or SERVICES to any individual or organisation for any reason in Scope Creep's sole discretion.
3.2 Site Content
Scope Creep has not reviewed, and cannot review all of the material posted to the WEBSITE. Scope Creep does not represent, or imply that it endorses any material posted to the WEBSITE. You are responsible for taking the necessary precautions to protect yourself and your computer from any malicious software, such as worms, malware, spyware, Trojan horses or other destructive or harmful content.
The WEBSITE may contain content that is unlawful, harmful, threatening, abusive, harassing, pornographic, tortuous, defamatory, vulgar, obscene, libellous, racist or invasive of another persons privacy as well as technical inaccuracies, typographical mistakes and other errors. The WEBSITE may also contain material that infringes any patent, trademark, copyright, trade secret or any other intellectual property or proprietary rights of any individual or organisation.
Scope Creep has not reviewed and cannot review material included on third party websites which is made available through the websites and webpages to which Scope Creep links to. Scope Creep does not have any control over material made available on websites other than the WEBSITE.
Scope Creep accepts no responsibility for any harm, loss or damage as a result of CONTENT posted to the WEBSITE, made available through the SERVICES or made available on third party websites other than the WEBSITE.
3.3 Personal Data
Scope Creep accepts no responsibility for any harm, loss or damage as a result of you, or any other user breaching the General Data Protection Regulation (GDPR).
Scope Creep accepts no responsibility for any harm, loss or damage as a result of using third party FPM.
Scope Creep, in its sole discretion, may terminate access to your account, accounts or any part of the SERVICES with or without cause and with or without notice, effective immediately. Scope Creep may remove and discard any and all of your CONTENT within the SERVICES at any time and for any reason or no reason. If you wish to terminate this AGREEMENT, you should discontinue to use this WEBSITE.
All provisions of this TOS that by their nature should survive termination of your right to use the SERVICES shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Service Modifications
Scope Creep reserves the right at any time to, and from time to time may modify, suspend or discontinue, temporarily or permanently, the SERVICES or any part thereof the SERVICES for any reason or for no reason with or without notice. You agree that Scope Creep shall not be liable to you or to any third party for any modification, suspension or discontinuation of the SERVICES.
7. Intellectual Property
This AGREEMENT does not transfer from Scope Creep to you any Scope Creep or any third party intellectual property and all rights and such property will remain solely with Scope Creep.
Scope Creep are registered trademarks of Scope Creep. Other trademarks, service marks, graphics and logos used in connection with the WEBSITE may be the trademarks of third parties. Your use of the WEBSITE grants you no right or license to reproduce or otherwise use any Scope Creep or third-party trademarks.
9. Disclaimer Of Warranties
All SERVICES are provided 'AS IS'. Scope Creep hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Scope Creep makes any warranty that the WEBSITE or SERVICES will be error-free or that access to the SERVICES will be continuous or uninterrupted. You obtain content or services through, the WEBSITE at your own discretion and risk.
10. Limitation of Liability
Scope Creep and it's suppliers or licensors shall not be liable with respect to any subject matter of this AGREEMENT under any circumstances, contract, negligence strict liability or other legal theory for:
- Any special, indirect, incidental or consequential, punitive or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses
- The cost of procurement for substitute products or services for the interruption or discontinuance of use or loss of or corruption of data for any amounts
- Any matters beyond Scope Creep reasonable control
- Your content or any content of any other users of the SERVICES
You agree to defend, indemnify and hold Scope Creep and its affiliates, suppliers, contractors and licensors and their respective directors, officers, employees and agents and other partners from and against all claims and expenses, including attorneys' fees, accounting fees arising out of your use of the WEBSTE, including but not limited to your violation of this AGREEMENT.
Scope Creep reserves the right to modify these terms at any time. Changes will be made available on this page.