Terms and Conditions

CouchOrder.com Terms and Conditions

By signing up for the CouchOrder.com services or any of the services of CouchOrder.com Inc. or its affiliates (“CouchOrder.com”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by CouchOrder.com under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by CouchOrder.com 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.CouchOrder.com.com/legal/terms. CouchOrder.com reserves the right to update and change the Terms of Service by posting updates and changes to the CouchOrder.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including CouchOrder.com’s Acceptable Use Policy (“AUP”) and Privacy Policy before you may become a CouchOrder.com user.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using CouchOrder.com or any CouchOrder.com services, you are agreeing to these terms. Be sure to occasionally check back for updates.

  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.
  2. To access and use the Services, you must register for a CouchOrder.com account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. CouchOrder.com may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that CouchOrder.com will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. CouchOrder.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. 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”).
  6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of CouchOrder.com will result in an immediate termination of your services.

WHICH MEANS

You are responsible for your Account and any Materials you upload to the CouchOrder.com Service. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

  1. Account Activation

2.1 CouchOrder.com 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.

WHICH MEANS

The person signing up for the CouchOrder.com Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

  1. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of CouchOrder.com.

  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 CouchOrder.com may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on CouchOrder.com’s website, available at https://www.CouchOrder.com.com/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 CouchOrder.com’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 CouchOrder.com 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 CouchOrder.com.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use CouchOrder.com or CouchOrder.com trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent to info@couchorder.com.  
  8. 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.
  9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by CouchOrder.com, is governed by its privacy policy at https://www.CouchOrder.com.com/legal/privacy
  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 CouchOrder.com’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.CouchOrder.com.com/legal/terms will prevail.

WHICH MEANS

The CouchOrder.com service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the Province of Ontario.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

  1. CouchOrder.com 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 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.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any CouchOrder.com customer, CouchOrder.com employee, member, or officer will result in immediate Account termination.
  5. CouchOrder.com does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from 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 CouchOrder.com employees and contractors may also be CouchOrder.com 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. CouchOrder.com 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, CouchOrder.com reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a CouchOrder.com account, we can freeze the account or transfer it to the rightful owner.

  1. Limitation of Liability
  1. You expressly understand and agree that CouchOrder.com 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.
  2. In no event shall CouchOrder.com 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, CouchOrder.com 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.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. CouchOrder.com does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. CouchOrder.com does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. CouchOrder.com does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS

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.

  1. Waiver and Complete Agreement

The failure of CouchOrder.com 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 and the documents it incorporates by reference constitute the entire agreement between you and CouchOrder.com and govern your use of the Service, superseding any prior agreements between you and CouchOrder.com (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If CouchOrder.com chooses not to enforce any of these provisions at any time, it does not mean that they 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 CouchOrder.com don’t apply if they conflict with these terms.

  1. Intellectual Property and Customer Content
  1. We do not claim any intellectual property rights over the Materials you provide to the CouchOrder.com service. All Materials you upload remains yours. You can remove your CouchOrder.com store at any time by deleting your Account.
  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow CouchOrder.com to store, and in the case of Materials you post publicly, display, your Materials; and (c) that CouchOrder.com can, at any time, review all the Materials submitted to its Service, although CouchOrder.com is not obligated to do so.
  3. You retain ownership over all Materials that you upload to a CouchOrder.com 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.
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. CouchOrder.com 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.

WHICH MEANS

Anything you upload remains yours and your responsibility.

  1. CouchOrder.com Shipping

If you are located in either Canada or the United States, you can purchase shipping labels from within your CouchOrder.com administrative console (“CouchOrder.com Shipping”) for delivery of goods purchased from your CouchOrder.com Store. In addition to these Terms of Service, your access to and use of CouchOrder.com Shipping is subject to the CouchOrder.com Shipping Terms of Service, located at (a) https://www.CouchOrder.com.com/legal/terms-shipping-us if you are located in the United States; and (b) https://www.CouchOrder.com.ca/legal/terms-shipping-ca, if you are located in Canada.

  1. Payment of Fees
  1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. CouchOrder.com will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and CouchOrder.com will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
  3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at CouchOrder.com’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your CouchOrder.com administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  4. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  5. If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of CouchOrder.com’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  6. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of CouchOrder.com’s products and services, including without limitation, your subscription to or purchase of CouchOrder.com’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  7. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to accounting@CouchOrder.com.com.
  8. CouchOrder.com does not provide refunds.

WHICH MEANS

For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 30 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.

  1. Cancellation and Termination
  1. You may cancel your Account at anytime by emailing info@CouchOrder.com and then following the specific instructions indicated to you in CouchOrder.com’s response.
  2. Upon termination of the Services by either party for any reason:
    1. CouchOrder.com will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to CouchOrder.com for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your store website will be taken offline.
  3. If you purchased a domain name through CouchOrder.com, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
  4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  5. We reserve the right to modify or terminate the CouchOrder.com Service or your Account for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, CouchOrder.com may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

WHICH MEANS

To initiate a cancellation, email info@couchorder.com will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through CouchOrder.com will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

  1. Modifications to the Service and Prices
  1. Prices for using the Services are subject to change upon 30 days notice from CouchOrder.com. Such notice may be provided at any time by posting the changes to the CouchOrder.com Site (CouchOrder.com.com) or the administration menu of your CouchOrder.com store via an announcement.
  2. CouchOrder.com reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. CouchOrder.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at anytime, without liability.

  1. Third Party Services
  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, CouchOrder.com’s partners or other third parties.
  2. CouchOrder.com may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the CouchOrder.com App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or CouchOrder.com’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that CouchOrder.com has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on CouchOrder.com’s websites, including the CouchOrder.com App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with CouchOrder.com. CouchOrder.com does not guarantee the availability of Third Party Services and you acknowledge that CouchOrder.com may disable access to any Third Party Services at any time in its sole discretion and without notice to you. CouchOrder.com is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. CouchOrder.com strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
  4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. CouchOrder.com is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
  5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
  6. Under no circumstances shall CouchOrder.com be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if CouchOrder.com has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, CouchOrder.com partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

WHICH MEANS

We are not responsible for third party services so use them at your own risk. If you use any third party services on the CouchOrder.com platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

  1. DMCA Notice and Takedown Procedure

CouchOrder.com supports the protection of intellectual property and asks CouchOrder.com merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to CouchOrder.com’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

WHICH MEANS

CouchOrder.com respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.



Acceptable Use Policy;

If you believe one of our merchants is infringing your intellectual property rights, you can send CouchOrder.com a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

Shopify is a commerce platform that provides the tools and technology for merchants to set up an online store and sell products and services on their own website, at physical retail locations, marketplaces and more. While we believe the free and open exchange of ideas and products is a key tenet of commerce, there are some activities that are incompatible with Shopify’s mission to make commerce better for everyone. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.

For the purposes of this AUP, “Materials” means any photos, images, videos, graphics, written content, audio files, code, information, data or other content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.

The following activities are prohibited:

  1. Child Exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
  2. Harassment, Bullying, Defamation and Threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.
  3. Hateful Content: You may not offer goods or services, or post or upload Materials, that condone or promote violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
  4. Illegal Activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
  5. Intellectual Property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.
  6. Malicious and Deceptive Practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Shopify or others, including Shopify’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
  7. Personal and Confidential Information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
  8. Self-Harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
  9. Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
  10. Terrorist Organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.

Shopify has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP and the Shopify Terms of Service, or any other agreement between you and Shopify governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.

Shopify may modify this AUP at any time by posting a revised version at https://www.shopify.com/legal/aup. By continuing to use the Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms.

If you feel that a user of the Services has violated this AUP, please contact us at https://www.shopify.com/legal/report-aup-violation.

 

 

 

 

 

Privacy Policy

1. Introduction

Welcome to Shopify!

As part of our mission of helping make commerce better for everyone, Shopify Inc. and its affiliates, including Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., Shopify (USA) Inc., and Shopify International Limited (collectively, “Shopify”) collect and process a lot of information. This Privacy Policy is intended to help you better understand how we collect, use and store your personal information—whether you are a merchant or end user that uses Shopify’s products, applications or services (together, the “Services”), a customer that shops at a store using our technology, a participant in Shopify’s “Partners” program, or whether you’re simply visiting this website. By using any of Shopify’s Services, or by dealing with a merchant using Shopify’s Services, you are agreeing to the terms of this Privacy Policy and, as applicable, the Shopify Terms of Service.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Support Service after these changes are posted, you agree to the revised policy.

2. Information from merchants

Privacy matters! If you are a merchant, you agree to post a privacy policy on your storefront that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their Personal Information by Shopify and other third parties. In addition, if you are collecting any sensitive Personal Information from your customers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive Personal Information by Shopify and other third parties. To help you get started on creating your own privacy policy, check out our policy generator.

What information do we collect from merchants and why?

  • We collect your name, company name, address, email address, phone number(s) and credit card details.
    • We need this information to provide you with our Services; for example, to confirm your identity, contact you, and invoice you.
  • We collect data about the Shopify-hosted webpages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
    • We need this information to give you access to and improve our Services.
  • Upon completing the sign-up process for the Services, and depending on your location, we may create a Shopify Payments account on your behalf. If you activate a Shopify Payments account (applicable only to Canada, US, UK, and Australia merchants), we collect your business address, business type, business ID number, date of birth (if you are an individual business owner), bank account information and government-issued identification information, such as your Social Security Number or your Social Insurance Number or, alternatively, if you are Canadian merchant and elect not to provide your Social Insurance Number, a copy of your government-issued identification.
    • We need this information to create a Shopify Payments account for you, to provide you with Shopify Payments services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
  • We collect Personal Information about your customers that you share with us or that customers provide while shopping or during checkout.
    • We use this information to provide you with our Services and so that you can process orders and better serve your customers.
  • We will also use Personal Information in other cases where you have given us your express permission.

When do we collect this information?

  • We collect Personal Information when you sign up for our Services, when you access our Services or otherwise provide us with the information.

3. Information from our merchants’ customers

What information do we collect and why?

  • We collect our merchants’ customers’ name, email, shipping and billing address, payment details, company name, phone number, IP address and device data.
    • We need this information to provide merchants with our Services, including supporting and processing orders, authentication, and processing payments. We also use this information to improve our Services.

When do we collect this information?

  • Information is collected when a merchant’s customer uses or accesses our Services, such as when a customer visits a merchant’s site, places an order or signs up for an account on a merchant’s site.

4. Information from Partners

Partners are individuals or businesses that have agreed to the terms of the Shopify Partner Program to work with Shopify to promote the Services by (a) referring clients to Shopify; (b) developing Shopify store themes for merchant use; or (c) developing apps using the Shopify Application Interface (API) for merchant use.

What information do we collect from Partners and why?

  • We collect your name, company name, website, twitter or other social media handles, phone number(s), address, business type, email address, PayPal Account, and GST/HST number.
    • We use this information to work with you, confirm your identity, contact you, and pay you.
  • We collect data about the Shopify-hosted webpages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
    • We use this information to give you access to and improve our Services.
  • We collect Personal Information about your customers that you share with us or that they provide to us directly.
    • We use this information to work with you and to provide our Services to your customers.
  • We will also use Personal Information in other cases where you have given us express permission.

When do we collect this information?

  • We collect this information when you sign up for a Partner Account, when you sign up one of your customers for our Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.

5. Information from CouchOrder.com website visitors and support users

What information do we collect and why?

  • From CouchOrder.com website visitors, we collect information about the device and browser you use, your network connection and your IP address. We also collect Personal Information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).
  • We may also receive Personal Information when you purchase tickets or make other requests to CouchOrder.com via any of our websites.
  • From telephone support users, we collect your phone number and call audio.
  • From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address and chat transcript.
  • From forum users, we collect your name, email address and website URL.

We use this information to provide and enhance our Services (including servicing your account, if applicable), and answer any questions you may have.

When do we collect this information?

  • We collect this information when you visit CouchOrder.com designed webpages, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.

6. Information from cookies and similar tracking technology

What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.

Why does CouchOrder use cookies and similar tracking technology?

  • We use cookies to recognize your device and provide you with a personalized experience.
  • We also use cookies to serve targeted ads from Google, Facebook, Bing, and other third-party vendors.
  • Our third-party advertisers use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads. For more information about targeted or behavioral advertising, please visit https://www.networkadvertising.org/understanding-online-advertising.
  • Opting out: You can opt out of targeted ads served via specific third party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
  • We may also use web beacons, tracking technology and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
  • Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Learn more

7. When and why do we share Personal Information with third parties?

  • CouchOrder.com works with third parties to help provide you with our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also receive Personal Information from our partners and third parties.
    • Personal Information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
    • Personal Information may be shared with third party vendors to help us conduct marketing and/or advertising campaigns.
    • Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
  • CouchOrder.com is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Principles, the U.S.-Swiss Safe Harbor Framework, and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
  • CouchOrder.com will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 7.

8. What do we do with your Personal Information when you terminate your relationship with us?

  • We will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.
  • We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.

9. What we don’t do with your Personal Information

  • We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies (other than to specific CouchOrder.com merchants you may be interacting with) for the marketing of their own products or services.
  • If you are a merchant using CouchOrder.com’s Services, we do not use the Personal Information we collect from you or your customers to independently contact or market to your customers. However, CouchOrder.com may contact or market to your customers if we obtain their information from another source, such as from the customers themselves.

10. How do we keep your Personal Information secure?

  • We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
  • We perform annual audits to ensure our handling of your credit card information aligns with industry guidelines. We are certified as a PCI DSS Level 1 compliant service provider, which is the highest level of compliance available, and our platform is audited annually by a third-party qualified security assessor.
  • No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.

11. Residents of the European Economic Area (“EEA”)

CouchOrder.com works with merchants and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by CouchOrder.com’s Irish affiliate, CouchOrder.com International Ltd. Please note that as part of our service, we may transfer your personal information to other regions, including to Canada and the United States. In order to ensure that your information is protected when transferred out of the EEA, CouchOrder.com relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our various affiliates that may process your information on behalf of CouchOrder.com International Ltd.

Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.

12. How do we protect your information across borders?

While CouchOrder.com Inc. is a Canadian company, we provide services to customers and our technology processes data from users around the world. Accordingly, CouchOrder.com may transmit your personal information outside of the country, state, or province in which you are located.

CouchOrder.com (specifically CouchOrder.com’s affiliates CouchOrder.com Data Processing (USA) Inc., CouchOrder.com Payments (USA) Inc., and CouchOrder.com (USA) Inc.) complies with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the European Economic Area (“EEA”), and with the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.

If you are located in the EEA or in Switzerland, and believe that your Personal Information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact us using the information below. If your complaint or dispute remains unresolved, you may also contact the International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA). This organization provides independent dispute resolution services, at no charge to you. ICDR/AAA can be contacted at http://go.adr.org/privacyshield.html.

If, after attempting to resolve a dispute through ICDR/AAA, you feel that your concerns about the use of your Personal Information have not been resolved, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit http://www.privacyshield.gov.

By participating in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, CouchOrder.com’s participating U.S. entities are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, please visit https://www.privacyshield.gov. You can view CouchOrder.com’s certification statement at https://www.privacyshield.gov/participant?id=a2zt0000000TNSNAA4&status=Active.

13. Control and access to your Personal Information

You retain all rights to your Personal Information and can access it anytime. In addition, CouchOrder.com takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. You can update many types of Personal Information, such as payment or contact information, directly within your account settings. If you are unable to change your Personal Information within your account settings, please contact us to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.

If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how CouchOrder.com processes your personal data, please contact CouchOrder.com by email at info@couchorder.com

CouchOrder.com
info@couchorder.com

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