Terms & Conditions for Shoppers
Welcome to the official Simpler website.
Effective on March 10, 2021
This website https://www.simpler.so/ (hereinafter referred to as the "Website") is owned by the company under the name “SIMPLER GROUP LTD”, based in London, at Kemp House, 160 City Road, EC1V 2NX (hereinafter referred to as “Simpler”, “we” or “us”) and you, the user of Simpler Services (website, 1-click Checkout service and applications) (“you” or “your”).
By using Simpler Services, you agree to be bound by these terms and conditions as well as the terms and conditions of our payment service provider, "Bluesnap, Inc" which are applicable to Simpler Service. Therefore, you shall carefully read both the terms and conditions of Simpler and the provider before making use of Simpler services and if you disagree, you shall refrain from using the Services.
Simpler maintains the right to amend wholly or partially the terms and conditions at any time and without notice. In this respect, Simpler will upload on the Website the terms and conditions that are applicable at the given time in order to duly inform you. For this reason,we will notify you by placing a notice on https://www.simpler.so/ website, sending you an email, and/or by some other means. By continuing to use Simpler services, following any amendments, you are considered to have agreed unconditionally to the amended terms.
Simpler is the simplest way to shop online since you are only 1 click away from checkout. Through a Simpler account you can manage all your orders in your dashboard, track shipments, reorder, or handle refunds with 1 click. While Simpler is essential for online shoppers, it is also a game changer for businesses who wish to increase their sales, by offering their customers the ultimate online shopping experience.
2. Using Simpler
In order to use the Simpler services, you will have to sign up for an Account on the Simpler platform.
By signing up for an Account on the Simpler platform:
i. you hereby authorise Simpler Group LTD to collect, store, process and/or disclose certain identifying information, such as your name, postal address, email address, your mobile phone number etc, in obedience with our Data Protection Notice As for the Payment Credentials, such as payment card number, CVC code and expiration date, and for the avoidance of doubt, Simpler will not collect or retain any of your payment information which is includes but is not limited to your credit or debit card number, bank account details.
By safely storing your checkout information, all your future checkouts from any Merchant partnered with Simpler will be easier and faster.
ii. you hereby agree to receive communication by email and/or SMS by Simpler and/or other third party related to the services offered by Simpler. If you wish to stop receiving such communication, you may unsubscribe by sending us an email at firstname.lastname@example.org or by following the opt-out instructions set out in such communication.
iii. you agree to provide us with accurate, complete, and updated information about yourself. You may not provide information that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
iv. you warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these terms and conditions on your behalf).
v. you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
vi. you will not share your account with anyone, and you are solely responsible for protecting the security of your account details, as well as for any activity associated with your account.
vii. you agree to immediately notify Simpler of any unauthorised use of your Account, password, or any other breach of security, and ensure that you have properly logged out from your Account at the end of each session where you do not wish to further use the Simpler services as described in Clause 2i. Simpler will not be liable for any loss or damage arising from failure to comply with this provision. You will be held liable for any losses incurred by Simpler and/or its Third Party Merchants caused by or arising from your failure to comply with this provision.
viii. You responsibly declare that you will not use the Simpler website Services to post, publish, or transmit or distribute other forms of content that may be illegal, threatening, annoying, obscene, or expressing empathy, racial, or other discrimination, infringe any patent, trademark, copyright or other third party proprietary rights, contain software viruses or any other code, files or programs designed to damage, corrupt or prevent any computer software or hardware, intentionally or unintentionally and in general to violate the applicable UK and EU legislation. For any damage caused to Simpler, by the above misuse or improper use of the relevant services by you, you are solely responsible.
3. Simpler Statements
Without prejudice to errors due to force majeure, including technical problems in the system, Simpler states that it makes every possible effort to ensure the validity and accuracy of the information contained on its Services, so that you can obtain a complete picture of the Services offered by Simpler.
The information and content of the Services is in no way, directly or indirectly, an encouragement, advice, or prompt to perform any action, but you are invited to evaluate it individually and to act in your judgment and discretion, excluding any liability of Simpler.
4. Representations and Warranties.
By using Simpler Checkout you confirm that you are at least 18 years of age and that you will not use Simpler Checkout for any fraudulent, unlawful, or abusive purpose.
Simpler is not liable in any way for any legal claims or for any direct or indirect damage or expense that may result from operating or not, accessing, using, or navigating in its website or services or from downloading material, text, and other data contained therein, including indicative damage caused by viruses, bugs, human agents, hardware, software, program malfunction or any other error, omission or delay in transmission from PC or network connection.
Simpler will do everything necessary for the good operation of its Services, but without guaranteeing that its operation will be continuous, without errors or other technical problems. Simpler shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of payment transactions, unless such service interruption has been caused by Simpler.
6. Limitations of Liability; Force Majeure.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Simpler Services.
Simpler has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Simpler Services. In addition, Simpler has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Simpler Services. Your interactions with Third Party organizations found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Simpler shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
In addition to and without limiting any of the foregoing, Simpler shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of itself, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, pandemic, strikes or other industrial action, power failures and Internet outages.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Simpler, its subsidiary, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these terms and conditions. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these terms and conditions or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Simpler prior written consent. We may transfer, assign, or delegate these terms and conditions and our rights and obligations without consent.
9. Change in our Services
We’ll try to give you notice when we make a material change to the Services that would adversely affect you Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these terms and conditions), in our sole discretion, and without notice.
10. Cost of Services
The Simpler Services are free for shoppers, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and you will have the option to opt out, if you no longer wish to continue using our Services.
11. Intellectual and industrial property rights
The property rights in the Software and other materials and all other intellectual property rights related to the Simpler Services are owned by Simpler and its licensors and are protected by the relevant legal provisions of European and UK intellectual property law.
The names given to the services of Simpler, the logos and distinctive features included in it, constitute either registered trademarks or special distinctive features of the Services offered through it and are protected by the relevant EU and UK legal provisions on trademarks, industrial and intellectual property, and unfair competition.
Access to Simpler intellectual property rights through the Services does not imply in any case the transfer or assignment of their license or right to use. Any copying, reproduction, distribution, transfer, downloading or other use of the content of the Services resulting in, inter alia, misleading you, is expressly prohibited, unless explicitly given prior written permission of Simpler.
12. "Links" to other sites
13. Stop using Simpler Services
If you wish to stop using the Simpler Services, you are able to do so by contacting us at email@example.com. Our Data Protection Notice indicates how Simpler treats your information after you have stopped using our Services.
Simpler can terminate (or suspend access to) your use of the Services or your account, including but not limited to your violation of these terms and conditions.
14. Protection of Personal Data
By using Simpler Services, you agree to the Simpler Data Protection Notice, which is incorporated into and forms part of these terms and conditions.
15. Applicable law - Jurisdiction
These terms and conditions are governed by UK law.
The courts of London, UK are designated as competent courts for the settlement of any dispute that arises in the context of the application of these terms.
16. Other provisions
Simpler failure to exercise or enforce any right or provision of these terms and conditions will not be considered a waiver of that right or provision. If any provision of these terms and conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and remain enforceable between the parties.
The above terms are all agreed as essential and are modified only in writing.