Date:May 18, 2018
By installing a link, creating an account or otherwise using the Services in any way, you agree to and are bound by this Agreement.
1. OUR SERVICES
SPIKE provides an e-commerce and a payment platform called SPIKE for buyers and sellers (“Buyer”, “Seller”, and Buyer and Seller are collectively referred to as "Users") who comply with our policies to offer, sell and purchase goods and services ("Products") by listing a link (the "Spike Link") hosted by us with Product information described by the Seller.
SPIKE does not pre-screen Users or the content or information provided by Users. We provide payment processing with SPIKE’s partnered processors ("Processors") through the Service. While we may monitor any unlawful activities by Users, and may facilitate the resolution of disputes between Users as the Service provider, SPIKE has no direct control over the quality, safety, morality or legality of any aspect of the items listed by Sellers, the accuracy or the truth of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. In addition, this website does not constitute an invitation to buy or the solicitation of an offer to sell products or services in any jurisdiction to any person to whom it is unlawful to make such an offer or solicitation in such jurisdiction.
2. ACCESS AND ELIGIBILITY
2.1 SPIKE may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content, but SPIKE is not obligated to do so. SPIKE may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. SPIKE reserves the right, in its sole discretion, to modify this Agreement at any time. If we modify this Agreement, we will update the date at the top of these Terms and provide notice by posting the changes to this website, or by sending you a notice via email, as you agree that such notice is sufficient. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following any amendment to this Agreement constitutes your acceptance of this Agreement as amended. If you do not agree to any or any future Terms, do not use or access (or continue to access) the Services.
2.2 By using or attempting to use the Services, you represent and warrant to SPIKE that:
(i) you are of legal age to form a binding contract and you are at least 18 years old (or if under the age of 18, you have the consent of your parent or guardian);
(ii) you are a resident of the United States (This requirement is not applicable to Buyer.);
(iii) all registration information you submit is accurate and truthful; and
(iv) you will maintain the accuracy of such information.
You also represent and warrant that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
3. YOUR ACCOUNT
We offer two different types of Accounts: Free and Business Premium Accounts.
If you create an account to use the Services on the website (your “Account”), you are responsible for maintaining the security and accuracy of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. SPIKE will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You are required to submit an active email address and a password to create your Account.
Buyers are required to create your Account or login to your Account when they attempt to access the Services for their purchase.
Buyers agree that SPIKE shares Buyers’ shipping addresses, names, email addresses and phone numbers which are registered to create your Account with the Seller of the items in order to use such information for the Service or the transaction.
In addition to your email address and password, you will be asked for the following information as requested by SPIKE to create and use an Account and also receive funds you processed with the Services:
Full legal name;
Date of Birth;
Current address including country;
Bank account Information;
Copy of identity verification documents such as driver’s license or passport etc.
If you operate an incorporated business, you will create a Business Premium Account and as requested by SPIKE may also need to provide your:
Full business name;
Business tax ID number;
Certified copy of commercial registration;
We reserve the right, in our sole discretion, to request additional information from you at any time.
You grant SPIKE the right to independently verify any information you provide through the Services about yourself, although SPIKE does not routinely undertake any verification.
You are responsible for maintaining the confidentiality of any password(s) you use for your Account or to access the Services, and you are fully responsible for all activities that occur under your password(s) and your Account. You agree to notify SPIKE immediately of any unauthorized use of your account or any other breach of security. SPIKE will not be liable for any loss that you may incur as a result of someone else using your password(s). You may not use anyone else’s Account at any time without the permission of the Account holder.
Regardless of whether it is a corporation or an individual, you have only one free plan account.
In particular, we strongly prohibit the use of multiple accounts of free plan aimed at securing free transaction volumes.If we found or reasonably determined that one user is using multiple accounts of free plan, we may suspend all use accounts.
We provide free plan account under which the settlemt fee is for free only during the period from the date when we confirm User’s identity to three months after the end of the month of such date.
After expiration of the period, you shall pay the Fee as described on our Fee Schedule.
4. RESPONSIBILITY OF BUYERS
4.1 BUYERS warrant, represent and agree that you will not use the Services in a manner that
(i) violates any laws, statute, ordinance or regulation including but not limited to any local laws or regulations in your country, province/state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside);
(ii) violates your credit card member agreements;
(iii) converts unused credit card limit into cash;
(iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, defamatory or otherwise objectionable;
(v) impersonates any person or entity, including without limitation any employee or representative of SPIKE;
(vi) offer for purchase or purchase the Restricted Items specified in Section 5;
(vii) imposes or is likely to impose any burden on SPIKE’s or third party’s server, or hinders or is likely to hinder the operation or network systems of the Services;
(viii) conducts fictitious transaction including transaction with yourself and transaction with conspiracy with any third parties to pretend that there is an actual transaction; or
(ix) conflicts with public policy or SPIKE considers inappropriate.
It is Buyer’s responsibility to determine what, if any, taxes apply to the purchase of Products. It is solely Buyer’s responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. We may make certain reports to tax authorities regarding transactions that we process and Sellers to which we provide our Service.
5. RESTRICTED ITEMS
You agree you will not offer for sale, sell or purchase including but not limited to following Items (”Restricted Items”):
Animals and wildlife products;
Any good, service, or content that violates the law or legal rights of others;
Counterfeit currency and stamps;
Counterfeit items, replicas and unauthorized copies;
Credit Cards, debit cards and gift cards;
Drugs and drug paraphernalia;
Firearms, weapons and military items;
Food and unpacked, edible items;
Human remains, human organs, blood, bodily fluid and body parts;
Items or services that relates fortune tellers;
Items which contains others’ copyrighted content;
Items which encourages illegal activity;
Medicines and medical devices;
Multi-level marketing, pyramid, and matrix programs;
Obscene material, or Child Pornography;
Offensive, obscene, defamatory, threatening, or malicious material;
Personal Information including anyone’s personal, identifying, confidential or proprietary information;
Plants, plants material;
Prepaid phone cards;
Stocks and other securities;
Tobacco and cigars;
Any other items that SPIKE finds to be inappropriate or does not authorize, in its sole discretion.
6.SUSPICIOUS USE AND VERIFICATION
To protect against the risk of liability and any violation of Agreement, based on certain factors, we reserve the right to:
(i) suspend or restrict or terminate your Accounts, and your Spike Links, at any time, with or without notice;
(ii) hold Sellers’ funds or set rolling deposit for funds based on risks associated with the type of product or service being sold, your history of chargebacks, and/or the length of time you have been a Seller;
(iii) review your information directly or through third parties including but not limited to Processors, make any inquiries we consider necessary to validate your identity. This may include asking you for further personal and/or business information, without limitation, your business EIN or Tax ID, social security number, a driver’s license or other government issued identification, or a business license.
You agree to pay the applicable fees listed on our Fee Schedule (“Fees”) (Listed Here) for use of the Services. Fees are automatically deducted from your funds at the time of payout initiated. We reserve the right to change these fees by notifying the User in advance or displaying on the website.You must agree to the change in Fees to continue to use the Services.
We shall not be responsible for any damage caused to the User by such change.
Any fees paid hereunder are non-refundable, including any outstanding virtual currency balances.
An accounts receivable of price, taxes, delivery fees and other fees for the Products from Buyer to Seller, which will be received by SPIKE from Processors, shall extinguish when Buyer pays such to Processors.
9. INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify and hold METAPS, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your use or access to the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
To clarify the obligation of indemnity by you, indemnification paid by you shall includes, but not limited to, 3.9% + 0.30 USD for each transaction amount as a processing fee, transaction fee for wire transfer, reversal fee or chargeback fee etc. in relation to transactions that SPIKE finds to breach the terms and conditions of this Agreement, in its sole discretion.
SPIKE SHALL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO METAPS OR CONTENT OR SERVICES ACCESSED THROUGH METAPS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPIKE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES.
SPIKE'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO $500.
To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitations or exclusions may not apply.
We may provide the SPIKE API and other software to enable you to use the Service. We reserve the right to require you install or update any and all software updates to continue using the Services.
12.1 This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services by closing your Account at any time by following the instructions on the website. We may terminate your access to or use of the Services and close your Account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your Account. We may suspend your Account and your access to the Service and any funds in your Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of the risk associated with your Account, including but not limited to significant credit or fraud risk, or for any other reason; or (ii) you do not comply with any of the provisions of this Agreement.
12.2 We may, without prior notice, change the Services; stop providing any or all of the Services or features of the Services to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
12.3 Upon termination of your Account, your right to use the Services will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13.DISCLAIMER OF WARRANTIES
SPIKE makes no representations concerning any and all SPIKE links to goods and services, and other content, data or information available for sale to Buyers by means of the Service (“User Content”) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. The Services and any software are provided on an “As Is,” “with all faults,” and “As Available” bases, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-purpose, non-infringement, or that use of the Services will be uninterrupted or error fee.
SPIKE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (1) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, OR (2) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OR ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY.
In the event a dispute arises between you and us, please contact us. SPIKE will provide for settlement of disputes between Users by User’s request. Should you have a dispute with one or more users, or an outside party, you agree to indemnify and hold harmless SPIKE (and SPIKE’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. SPIKE may encourage users to report user-to-user disputes to your local law enforcement, or a provider, as applicable. SPIKE, for the benefit of users, tries to help users resolve disputes. In attempting to resolve a dispute, SPIKE will do so in good faith based solely on SPIKE’s policies. SPIKE will not make judgments regarding legal issues or claims.
This Agreement does not transfer from us to you any SPIKE or third party intellectual property. Your use of the Services grants you no right or license to reproduce or otherwise use any SPIKE or third-party trademarks.
If any provision of these Agreement is/becomes invalid in accordance with the applicable mandatory legal provisions, this shall not cause invalidity of this contract and the entire Agreement, and SPIKE shall immediately, after having discovered such incompliance, replace the void provision with the valid one.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SPIKE in any respect whatsoever.
This Agreement, any access to or use of the Services will be governed by the laws of California, U.S.A., excluding California’s conflict of laws rules, and controlling U.S. federal laws. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Francisco County, California, U.S.A., and you and SPIKE consent to personal jurisdiction in those courts for such claims.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
We reserve the right to fix any processing errors we discover, or any mistakes in payments to Buyers or Sellers. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement."
Unless SPIKE has entered into a separate written agreement with you that explicitly states to the contrary, you agree that SPIKE can use and freely exploit any feedback, questions, comments or the like that you provide to SPIKE in connection with the Services (“Feedback”) on a non-confidential and non-proprietary basis and the Feedback will become and remain the property of SPIKE. No compensation will be paid with respect to the use of any Feedback.
You agree to receive promotional materials and other communications related to SPIKE or the Services.
You agree that SPIKE may provide notice or communications to you via email, regular mail or posting notices or links to notices on SPIKE’s website.
Except as expressly authorized in writing by SPIKE, you must not modify, decompile, or reverse engineer any software SPIKE provides to you. You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and you shall reproduce and copy all such notices and legends on all copies of any part of the Services that you are permitted to make hereunder, if any. Any rights not expressly granted herein are reserved.
You must not assign or otherwise transfer this Agreement or any right granted hereunder.
SPIKE reserves the right at all times to disclose any information as SPIKE deems necessary to satisfy any applicable law, regulation, legal process or governmental process or request, or to edit, refuse to post or remove any information or materials, in whole or in part, at SPIKE’s sole discretion.
A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions, you may contact us at customer_supportspike.cc.
1. RESPONSIBILITY OF SELLERS
1.1 Sellers are expressly responsible for any User Content. Sellers also warrant, represent and agree that you will not use the Services in a manner that
(i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
(ii) violates any laws, statute, ordinance or regulation including but not limited to any local laws or regulations in your country, province/state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside);
(iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, defamatory or otherwise objectionable;
(iv) allows posting of false, inaccurate, misleading, or defamatory content;
(v) impersonates any person or entity, including without limitation any employee or representative of SPIKE; or
(vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program;
(vii) offer for sale or sell the Restricted Items specified in Section 5 of I;
(viii) violates agreements between Seller and Processors including credit card member store agreements;
(ix) imposes or is likely to impose any burden on SPIKE’s or third party’s server, or hinders or is likely to hinder the operation or network systems of the Services;
(x) conducts fictitious transaction including transaction with yourself and transaction with conspiracy with any third parties to pretend that there is an actual transaction;
(xi) collects personal identified information of other Users through the Services;
(xii) Uses personal identified information of other Users such as address, email address, ID and name, and information regarding Products for the purposes other than the Services and transactions through the Services ; or
(xiii) conflicts with public policy or SPIKE considers inappropriate.
SPIKE reserves the right to remove any User Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if SPIKE is concerned that you may have breached the terms and conditions of this Agreement, or for no reason at).
1.2 Sellers shall state its return, refund, and cancellation policy clearly to inform Buyers of their rights and responsibilities in selling Products. In addition, Sellers shall provide a complete description of its Products. For example, if selling electrical goods, Sellers shall state voltage requirements, which vary around the world. All additional expenses to be incurred by Buyers shall be explicitly stated e.g. taxes, packaging or delivery. Furthermore, Buyers shall describe information regarding shipping of the Products and when Sellers do have restrictions or other special conditions in place, those special conditions shall be clearly stated.
1.3 Customer Support
Sellers are solely responsible for all customer service issues relating to their goods or services, including pricing, order fulfillment, order cancellation by a Buyer, returns, and adjustments, rebates, and any other activities relating to the transaction. In performing customer service, Sellers will always present yourself as a separate entity from us.
It is Seller’s responsibility to determine what, if any, taxes apply to the sale of products and services and/or the payments you receive in connection with Seller’s use of the Service. It is solely Seller’s responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. We may make certain reports to tax authorities regarding transactions that we process and Sellers to which we provide our Service.
2. MINIMUM/MAXIMUM TRANSACTION AMOUNTS
For Sellers to use the Services, minimum and maximum amount of the price for the products or services that Sellers sell are listed on our Fee Schedule.
3. PAY OUT
By accepting this Agreement, Sellers authorize SPIKE to hold, receive, and disburse funds on your behalf.
The time it takes for us to initiate a transfer to Sellers’ designated bank account of settlement funds arising from card transactions processed through the Service is referred to as the Payout Schedule. Subject to the Payout Schedule specified below, we will deposit amounts received by us for transactions Sellers submit through the Services (less any applicable Fees) to Sellers’ verified bank account account.
Once Sellers validate Sellers’ bank account account, based on Sellers’ request, SPIKE will initiate a payout to Sellers’ bank account in maximum 60 days cycle, specifically at the following schedule.
Payout Request Due (also described here), business_payments_price_path %>):
By the Third (3) day at 3:59PM (PST) of every month.
Payout Date (actual payment date):
The last day of the month following the Payout Request.
We reserve the right to change the Payout Schedule or suspend payouts to Sellers’ bank account should we determine it is necessary due to pending disputes, excessive or anticipated excessive chargebacks or refunds, or other suspicious activity associated with Sellers’ use of the Services, or if required by law or court order.
Sellers agree that the payouts to Sellers’ bank account processed usually on bank business day so bank holiday or nationally holiday may affect when Sellers receive your payout.
In case that our remittance failed due to Sellers’ inaccurate registration of bank account, Sellers will be charged a revocation fee, as described on the Fee Schedule, by deduction from Sellers’ Account or the amount of Payout.
4. CHARGEBACK, REVERSAL AND REFUND
Funds received in Seller’s Account may be reversed or charged back at a later time. If such a payment is subject to a chargeback, reversal, refund or is otherwise invalidated. Seller agrees that funds received into Seller’s Account may be returned to the sender or otherwise removed from Seller's Account after they have been paid and/or delivered any goods or services sold. Sellers also agree to pay the any Fee (see I 7. Fees) which applies at the time a chargeback or refund is applied to Seller’s Account for a payment Sellers received. This Fee is based on the currency you initially set the price on the item. All refunds and reversals will be made in the same currency as the original transaction. If Sellers’ transaction must be refunded or reversed and Sellers do not have the correct currency available in Seller’s balance, a currency conversion will be performed.
In the event that chargeback, reversal, or refund occurs and if the Seller does not have sufficient funds in the Seller’s Account and/or does not provide us with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Sellers from using our Service until payment is made.