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BigCommerce
Updated April 2021
- These Third Party BigCommerce Subscription Terms of Use (“Terms”) relate to the BigCommerce products and services (“BigCommerce Services”) resold and billed to you by Vend on BigCommerce’s behalf. For the avoidance of doubt, these terms do not apply if you have purchased the BigCommerce Services directly from BigCommerce, including following a referral from Vend.
- These Terms apply in addition to the Vend Terms of Use (“Vend Terms”), BigCommerce Terms of Service (“BigCommerce Terms”) and any other applicable terms and conditions. By using the BigCommerce Services, you agree to all such terms.
- If, and to the extent that the BigCommerce Terms related to billing, payments and cancellations conflict with the Vend Terms or these Terms, the relevant Vend terms will prevail. If, and to the extent that the Vend Terms conflict with these Terms, these Terms will prevail.
- You will be charged monthly for the BigCommerce Services by Vend via your nominated credit card, including any applicable taxes in accordance with the billing and payment terms in the Vend Terms. Fees for the BigCommerce Services are determined by Vend as set out at the BigCommerce for Vend pricing page, as may be amended from time to time at Vend’s sole discretion, and are subject to adjustments for taxes and/or currency exchange rates. You acknowledge and agree that if you do not qualify for the BigCommerce Services plan you selected, Vend may automatically upgrade you to the applicable plan you do qualify for and additional fees may be charged for such upgrade. To understand more about the plan limits, costs and when you may be automatically upgraded, please see the BigCommerce for Vend pricing page.
- The BigCommerce Services are provided to you by the relevant BigCommerce contracting entity identified in the BigCommerce Terms (“BigCommerce”). Any use by you of the BigCommerce Services is entirely at your own risk and discretion, and it is your responsibility to read the BigCommerce Terms and any other applicable terms and conditions before using the BigCommerce Services.
- Vend does not make any warranties or representations with respect to the BigCommerce Services or any services provided by Vend under these Terms. You acknowledge and agree that Vend has no control over the BigCommerce Services and is not responsible or liable to you or any third party for such BigCommerce Services, including in relation to any discontinuation or suspension of access to, or disablement of, any BigCommerce Services. Vend does not guarantee the availability of the BigCommerce Services.
- In order to use the BigCommerce Services in accordance with these Terms, you grant us permission to provide BigCommerce with access to your data and to take any other actions to enable the provision of the BigCommerce Services to you, including as required for the BigCommerce Services to communicate with the Vend Services. We will share your relevant contact details and background information, including those details registered to your Vend account, with BigCommerce to enable us to provide BigCommerce to provide you with the BigCommerce Services. For further information about how Vend handles your personal information, see the Vend Privacy Policy.
- Any exchange of data or other materials between you and BigCommerce is solely between you and BigCommerce. Vend is not responsible or liable to you for any disclosure, modification, processing, deletion or other use of your data or other materials, or for any corresponding losses or damages you suffer, as a result of or related to, access or use by BigCommerce or the BigCommerce Services.
- You agree to resolve any disputes between you and BigCommerce regarding the BigCommerce Services directly with BigCommerce in accordance with the BigCommerce Terms, and not with Vend. Vend is not obligated to intervene or assist in any dispute arising between you and BigCommerce.
- To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or any other damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Vend has been advised of the possibility of such damages), resulting from the BigCommerce Services, any services provided under these Terms, or your relationship with BigCommerce.
- You indemnify, defend and hold Vend and its affiliates, officers, directors, agents, employees and suppliers harmless from and against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Vend may incur or suffer, including reasonable attorneys’ fees, arising out of, or as a result of, your use of the BigCommerce Services, any services provided by Vend under these Terms, your relationship with BigCommerce or your failure to comply with these Terms.
- If your access to the Vend Service or your Vend account is suspended, cancelled or terminated (as applicable) for any reason, your access to the BigCommerce Services will be automatically suspended, cancelled or terminated (as applicable). On termination, if you wish to continue using the BigCommerce Services and at your written request, we will provide you with reasonable assistance to enable the transfer of your account and related information to BigCommerce.