- Modification of Terms of Service
- Third Party Platforms
City Beach Software may collect, use, disclose and retain data, information and content you provide to us or grant access to when using the Service, or otherwise make available to us through your use of Third Party Platforms. The Data includes your store information, website information, product specifications, product descriptions, product brands, product SKUs, product MPN, product UPC, product GTIN, product category, product image URLs, product sizes, product colours, inventory information, local availability information, pricing, taxes, postage services, postage fees, product reviews, images, trade marks and logos and other product information that you share with Us using the Service. By using the Service, you expressly authorise us to share the Data with Third Party Platforms as we deem necessary to provide the Service to you or for purposes related to the Service. We are not responsible for any acts or omissions by Third Party Platforms, including in relation to your Data.
- Intellectual Property Rights
You hereby grant to City Beach Software a non-exclusive, worldwide, royalty-free, sub-licensable (through multiple tiers) and transferable right to exercise all and any intellectual property rights in the Data for the purposes of providing the Service and related purposes, which includes the right for City Beach Software to host, cache, route, transmit, store, copy, modify, reproduce, distribute, publish, translate, use, publicly perform, publicly display, reformat, excerpt, analyse, and create algorithms from and derivative works of the Data in any media known now or in the future. You irrevocably and unconditionally consent to any act or omission of City Beach Software, its sublicensees or assignees in connection with the Data which would otherwise constitute an infringement of your moral rights. City Beach Software disclaims any warranty regarding the quantity, rank, location and prominence of Data anywhere on the Third Party. You represent and warrant that the Data and our use of the Data (including our use of works derived from it) in connection with our sites, services, applications and tools will not infringe the intellectual property rights of, or breach any right of or obligation to, a third party. It is your responsibility to ensure that the Data is at all times current, complete and accurate.
- Use of, and access to, the Service
You are responsible for maintaining the security of your Omnivore account and any Third Party Platform accounts and for all activity that occurs under these accounts. You should not disclose your passwords to any other person and agree to immediately notify City Beach Software of any breach of security or unauthorized use of your Omnivore account(s). You represent and warrant that the Data will be free from any spyware, malware, viruses, worms, Trojan horses or other malicious or harmful code.
The Service is subject to installation fees, support fees and a monthly license fee. The installation fees must be paid on installation of the Service. The monthly license fee for the plan you elect to subscribe to is due each month on the Monthly Payment Date. The Monthly payment date means the date on which we provide you with your login details and calendar monthly thereafter. All fees and charges may be reviewed by us from time to time at our sole discretion .
- Service Levels
City Beach Software will use reasonable endeavours to make the Service available for at least 99.9% of the time except where the following may occur; 1) where factors outside of our reasonable control disrupt our Service 2) where any 3rd party not associated with us disrupts our Service e.g. a DDoS attack. We reserve the right to request that You upgrade Your subscription, or cancel Your subscription and withdraw service in the event that You place excessive load on our systems (for example through a high volume of product updates) beyond what is reasonably expected in the day-to-day operation of the connection for Your subscription level.
- Support of the Service
We will provide you with:
- Help Desk Support for the Service. Help desk support is provided via email, phone or website or any other method provided by City Beach Software.
- We will use our best endeavours to respond to any Help Desk Support enquiries or reports in a timely manner but is otherwise not bound to respond or to rectify any defects, errors, threats or other issues arising within any particular time frame.
- Support services are subject to a fair use limit. Fair use is based on how most retailers use the service and helps us make sure we can support all our retailers fairly. If we believe support requests are excessive and / or unreasonable we may:
- Negotiate additional charges for our services based on any retailer’s particular requirements.
- We may terminate our services for any retailer making excessive and / or unreasonable demands for support where an agreement over additional charges cannot be reached.
- Errors and Omissions to the Service
We will use our best endeavours to rectify issues at its cost with the Omnivore platform if an error is found with the Service in the course of executing the Service. If there is an omission or new feature to the Service identified by you, you may request addition of that feature. We will use our absolute discretion (acting reasonably) to satisfy your request and may undertake it as custom development at your cost.If any error or omission caused directly or indirectly by you requires a level of Customer Support from City Beach Software beyond 3 hours, we reserves the right to charge additional fees for such Support.We will not be liable to rectify errors or omissions caused directly or indirectly by the following;
- Any misinformation from you
- Your ecommerce platform including but not limited to product data or connectivity
- Any other third party platforms/applications/services that you use with your ecommerce platform
- Any changes you make within the Marketplace admin.
- Limitation of Liability
- Disclaimer of Warranties
To the extent legally permitted, City Beach Software excludes all implied warranties, terms and conditions. The Service is provided “as is” and without warranties of any kind. City Beach Software does not make, and has not made, any representation or warranty that the Service is accurate, complete, reliable, current, error-free or virus-free or that the operation of the Service will be uninterrupted. City Beach Software may make improvements and/or changes in the Service at any time. Functionality in the Service may not occur in real time. Such functionality is subject to delays beyond Our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
- User Control: Location and Uninstall
You can access and change user settings from the Settings tab in the Omnivore application. Uninstallation methods may vary depending on your device.
Page Updated: 1 May 2020