Terms & Conditions - Stok.ly
Terms and Conditions of Stok.ly Ltd Stok.ly Ltd asks every customer to become familiar with our terms and conditions of business before purchasing any of the products or services we provide. Information about Stok.ly Ltd Stok.ly Ltd is registered in England and Wales. Our registration details are: STOK.LY LTD Rural Enterprise Centre Hereford HR2 6FE Company No. 09747821 VAT No. GB 227396683 From time to time we may refer to Stok.ly Ltd as “Stok.ly”, “US” or “WE”. For the avoidance of doubt all references to the above or “the Service” or similar mean the services and products provided to you by Stok.ly Ltd.
  1. Account terms
Stok.ly Ltd is a business to business service. We do not sell services to the general public. You must be 18 years or older to use this service. You must provide your full legal name, registered name and address of your business, current address, a valid email address, and any other information needed in order to complete the signup process. The email address you provide will be used as the primary method for communication for service notifications. You are responsible for keeping any passwords we provide to you secure. Stok.ly Ltd cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. When using the Service or any email accounts provided as part of the Service you must not transmit any worms or viruses or any code of a destructive nature. Any violation of the Terms of Service may result in termination of any services we provide.
  1. General Condition
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a client of Stok.ly Ltd.
  1. You may not use the Stok.ly Ltd service for any illegal or unauthorized purpose.
  2. 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 permission by Stok.ly Ltd.
  3. Your content may be transferred unencrypted and may be altered by Stok.ly Ltd.
If you do not accept any of the terms contained within this document please do not use the Stok.ly Ltd service.
  1. The Service 
Stok.ly Ltd is a cloud based SAAS (Software as a Service) application provided to businesses to assist them in the efficient operation of their business. Our service can help streamline business processes and simplify many tasks. Although we endeavour to provide 100% uptime we do not guarantee this and you should take care to ensure you have robust backup business processes in the event of a failure of the Stok.ly Ltd service. We do not accept any liability for costs incurred for the provision of alternative business processes at any time during your relationship with us. That includes during the provisioning process or at any time during the provision of the live service. It is your responsibility to maintain backup systems to operate your business if at any time we cannot provide our service for any reason.
  1. Your Customers’ Data
During the course of providing services on behalf of your business Stok.ly Ltd will access certain information about your customers which will always remain entirely confidential. We always endeavour to protect our network from access by any outside parties. We do not ever store or transmit credit card details on or through our network. Stok.ly Ltd only work with and recommend hosted payment providers, meaning at no point do we see or have an opportunity to store your customers’ credit card details. We do not provide services where customer card details are required to be stored on our network. All modern payment providers will give you an option to use a hosted solution which also reduces the burden of PCI compliance on your business.
  1. Data Backup
Stok.ly Ltd takes care to make regular backups of both the systems and code that operate the Service and the data we build up during the normal course of operations. We also take regular backups of customer data on your behalf. Restoration of this data can only be provided in an emergency and not in the event of minor mistakes by you or people employed by you to operate your business. You should therefore take care that people working on your behalf are sufficiently trained to use the system. Stok.ly Ltd also provide a data extract feature that will allow you to extract your product data as often as you like. We strongly suggest our customers take regular backups via this method and store them in a secure place. Our service is designed to enhance the operation of accounts with other services (for example Amazon or eBay) and you should also take reasonable steps to back up the data from these services.
  1. Service Subscriptions
The payment for Stok.ly Ltd services usually consists of both one-off fees and a monthly subscription fee, details of which will be provided in your proposal from us, and any changes to the service fee will be agreed in writing with you in advance. We do not operate any credit terms and it is your duty to ensure that we have a valid payment method to make any monthly subscriptions. Any additional up-front or in-contract fees are payable upon demand. There are no delayed payment options. In the event that we have to take action to recover fees due to us we reserve the right to make a £60+VAT charge for each communication we have to make to you. In addition we reserve the right to remove or suspend our service without notice after at least one reminder communication in writing (or by email) has been ignored or not actioned upon by you. We do not ever intend to provide credit services. If you have any intention of not making or making late payments for services provided by us you should strongly consider not taking out a service with Stok.ly Ltd.
  1. Privacy and Security
Stok.ly Ltd treats the security of its customers’ personal information very seriously, making sure that your privacy is protected at all times. The company will not disclose your personal information to anyone outside of our organisation under any circumstances unless authorised by you in writing (or by email) or if ordered to by a court that has jurisdiction in your country of business or in the United Kingdom. For the avoidance of doubt Stok.ly Ltd will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. This is in accordance with the Data Protection Act (1998).
  1. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client and grant Stok.ly Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Stok.ly Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Stok.ly Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
  1. Acceptable Use Policy
Stok.ly Ltd reserves the right to suspend or cancel a customer’s access to any or all of our services, where Stok.ly Ltd decides that an account has been used inappropriately. Inappropriate use includes but is not limited to:
  • Providing products that contains invalid or fraudulent details;
  • Providing products that suffer an unreasonable level of payment card charge backs or cancelled orders via our partners’ networks;
  • Attempting to resell or sublease any software or services without prior written permission;
  • Attempting to deny access to other users;
  • Using excessive server resources;
  • Using obscene, offensive or inflammatory language when contacting the company or dealing with the company on any public forum;
  • Infringing copyrights or trade marks;
  • Promoting or assisting any illegal activity
  1. License from Customer to Distribute Product Information
Only for purposes related to, and limited to your use of the Stok.ly Ltd Platform and Services and in order for Stok.ly Ltd to provide any Services, you grant Stok.ly Ltd all rights to use the Product Information. You must represent and warrant that the Product Information (a) is owned (or validly licensed for all uses required under the Agreement) by the customer or is in the public domain, (b) does not constitute defamation, libel, or obscenity, (c) does not result in any consumer fraud, product liability or breach of contract or cause injury to any third party and (d) does not contain any viruses, Trojan horses, worms, spyware, time bombs or other forms of malware or computer programming routines that are intended to interfere with or disrupt the Stok.ly Ltd Platform. You are responsible for providing all Product Information in local languages and for providing buyer support in those local languages.
  1. Intellectual Property
Stok.ly Ltd shall own all rights, titles and interests, including all related Intellectual Property Rights and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the service. The Stok.ly Ltd name, Stok.ly Ltd logo and the product names associated with the service are trademarks of Stok.ly Ltd or third parties, and no right or license is granted to use them.
  1. Payments, Refunds and Cancellations
Only persons older than 18 can make payments via our Debit and Credit card payment system. If you are younger than 18 you need to make alternative payment or have someone pay on your behalf. Payments for the Service must be made monthly in advance unless otherwise mutually agreed upon. Customers are entitled to cancel a subscription at any time. An account will remain active until next billing date is due and will be deactivated thereafter.
  1. Changes to subscription cost
Subscription costs are subject to change and are annually reviewed. Stok.ly Ltd may increase or decrease subscription due to VAT changes, or as a result of changes in our business strategy, market changes or rising demand for our products and services. In the event that VAT is increased or decreased, Stok.ly Ltd will act accordingly to adjust that VAT difference for our prices and services. If Stok.ly Ltd decide to revise prices for products and services, subscribed customers will not be affected for the period of 3 months from their original subscription date (except for changes in VAT or other taxes we are obliged to make by law). Once a customer has completed 3 months service, they will be affected by our normal price changes if they wish to continue the Service.
    1. Limitation of Liability
You agree that Stok.ly Ltd shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other losses. Your use of the Service is at your sole risk. Stok.ly Ltd does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Stok.ly Ltd does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Notwithstanding the above and all other terms Stok.ly Ltd and its team members will endeavour to act in the interests of you and your business and will always try to enhance our service to subsequently provide better services to you and you customers.
  1. Disclaimer
We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service. We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
  1. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
  1. Privacy
Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions.
  1. Hardware
19.1 The terms and conditions of this Clause shall apply only if Stok.ly Ltd is providing ePos Hardware to You, as detailed in the Stok.ly Hardware Order form. 19.2 We may arrange for delivery of the Hardware prior to the Installation Date and You shall notify Stok.ly Ltd of any damages, shortages or errors within three (3) working days of such delivery and We shall repair or replace any Hardware damaged in transit or rectify any shortages or errors at Our option. If You do not notify Us within five (5) working days We shall not be liable to repair or replace any Hardware damaged in transit or rectify any shortages or errors. 19.3 You shall retain the original packaging for the Hardware and shall handle the Hardware in accordance with the carrier’s instructions. Risk in the Hardware shall pass to You on delivery. Ownership shall pass to You upon receipt by Us of payment in full as stated in the Stok.ly Hardware Order Form or where Hardware is Leased the first payment is made to Shire Leasing. 19.4 The Installation of Hardware will form part of the Hardware Installation stated in the Stok.ly Hardware Order Form.   19.5 The fees quoted for installation are based on typical building conditions that allow simple application of trunking and cable runs and any additional information provided to Us by You prior to the Quotation being supplied. In the event You fail to inform Us of any unusual circumstances that could reasonably be foreseen to affect Installation or there are unusual building conditions that could not reasonably have been foreseen by You or Us, additional fees will be payable by You for the Installation.   19.6 In the event You have selected to install the Hardware Yourself, as detailed in the Stok.ly Hardware Order Form , You do so at Your own risk and We shall not be liable for any faults or errors resulting from such installation. You must check the Hardware functions within fourteen (14) days of delivery and if the Hardware doesn’t function, it will be replaced or repaired in accordance with the manufacturer’s terms and We shall have no liability for such faulty Hardware. Should You require Our support for this activity it shall be chargeable in accordance with Our then current hourly rate.   19.7 In the event You have selected Us to install the Hardware, as detailed in the Stok.ly Hardware Order Form, We shall check the Hardware functions and resolve issues with faulty Hardware unless such issues were a result of the way in which the Hardware was stored or handled by You. We may repair or replace the Hardware at Our discretion.   19.8 After Installation, if You haven’t selected Onsite Hardware Support, support for the Hardware shall be as per the manufacturers’ warranty. We will provide You with contact details for the relevant manufacturer in the event of a problem, but You shall be responsible for contacting such manufacturer and managing any problems with the Hardware at Your expense, including but not limited to returning the Hardware to such manufacturer and organising for any repairs or replacements to the Hardware.   Modification to Terms Stok.ly Ltd reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time. You are responsible for regularly reviewing this Agreement. By continuing to use the Service after any such changes you agree to such changes.