1. Account Terms
To access and use the Services, you must register for a La Calle Comercio account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. La Calle Comercio may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by La Calle Comercio for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that La Calle Comercio will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. La Calle Comercio cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
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”).
2. Account Activation
2.1 Store Owner
Your La Calle Comercio Store can only be associated with one Store Owner. A Store Owner may have multiple La Calle Comercio Stores. “Store” means the online store or physical retail location(s) associated with the Account.
2.2 Staff Accounts
The Store Owner and the users under Staff Accounts are each referred to as a “La Calle Comercio User”.
3. General Conditions
Technical support in respect of the Services is only provided to La Calle Comercio Users.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by La Calle Comercio.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use La Calle Comercio or La Calle Comercio trademarks, such as La Calle Express, and/or variations and misspellings thereof.
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.
4. La Calle Comercio Contracting Party
If the billing address of your Store is located in the United States or Puerto Rico, this Section 4(1) applies to you:
a. “La Calle Comercio Contracting Party” means La Calle Comercio LLC., a Puerto Rican Corporation, with mailing address at P.O. Box 799, Trujillo Alto, P.R. 00976.
b. This Agreement shall be governed by, and enforced in accordance with, the laws of the Commonwealth of Puerto Rico. You agree that La Calle Comercio and the Service shall be deemed solely based in the Commonwealth of Puerto Rico and the Service shall be deemed a passive one that does not give rise to personal jurisdiction over La Calle Comercio, either specific or general, in jurisdictions other than the Commonwealth of Puerto Rico. Any dispute arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, that the parties cannot resolve in good faith within thirty (30) days shall be directed to a binding arbitration administered by an arbiter, pursuant to the rules of the American Arbitration Association ("AAA"). The arbitration will take place in San Juan, Puerto Rico, with all expenses being shared equally by the parties. The arbiter must act in accordance with the substantive laws of the Commonwealth of Puerto Rico and the rules of the AAA. The parties to this Agreement hereby agree to submit to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Puerto Rico in any action or proceeding arising out of or relating to this Agreement that cannot be otherwise submitted for arbitration. Nothing in this section shall be deemed as preventing La Calle Comercio LLC from seeking injunctive or other equitable relief from the courts as necessary to protect any of La Calle Comercio LLC proprietary interests.
5. La Calle Comercio Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any La Calle Comercio customer, La Calle Comercio employee, member, or officer will result in immediate Account termination.
La Calle Comercio does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
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 La Calle Comercio employees and contractors may also be La Calle Comercio customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
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, your status as an employee of an entity, etc.
La Calle Comercio retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, La Calle Comercio reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. La Calle Comercio’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
7. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, La Calle Comercio 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.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
La Calle Comercio does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
La Calle Comercio does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
La Calle Comercio does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
8. Waiver and Complete Agreement
9. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the La Calle Comercio Service. All Materials you upload remains yours. You can remove your La Calle Comercio Store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow La Calle Comercio to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that La Calle Comercio can, at any time, review and delete all the Materials submitted to its Service, although La Calle Comercio is not obligated to do so.
You retain ownership over all Materials that you upload to the 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.
La Calle Comercio 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.
10. Payment of Fees
You will pay the Fees applicable to your subscription to Online Service (According to the Specific Plan) and any other applicable fees
Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). 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 Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
Charges (meaning La Calle Comercio’s fees (%) per sale and La Calle Express’ fees and costs, among others) shall be paid on a weekly basis.
If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, La Calle Comercio reserves the right to terminate your Account.
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”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of La Calle Comercio’s products and services. To the extent that La Calle Comercio charges these Taxes, they are calculated using the tax rates that apply based on the 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 Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes 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 evidence satisfactory to La Calle Comercio of your exemption. If you are not charged Taxes by La Calle Comercio, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
You must maintain an accurate location in the administration menu of your La Calle Comercio Store. If you change jurisdictions you must promptly update your location in the administration menu.
La Calle Comercio does not provide refunds.
11. Cancellation and Termination
Upon termination of the Services by either party for any reason:
La Calle Comercio will cease providing you with the Services and you will no longer be able to access your Account;
any outstanding balance owed to La Calle Comercio for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your Store website will be taken offline.
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.
Fraud: Without limiting any other remedies, La Calle Comercio 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 use of the Services.
15. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from La Calle Comercio. Such notice may be provided at any time by posting the changes to the La Calle Comercio Site (lacallecomercio.com) or the administration menu of your La Calle Comercio Store via an announcement.
La Calle Comercio reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
La Calle Comercio shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
16. Feedback and Reviews
La Calle Comercio welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to La Calle Comercio be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to La Calle Comercio (whether submitted directly to La Calle Comercio or posted on any La Calle Comercio hosted forum or page), you waive any and all rights in the Feedback and that La Calle Comercio is free to implement and use the Feedback if desired, as provided by you or as modified by La Calle Comercio, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to La Calle Comercio must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. La Calle Comercio reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third-Party Providers but does not regularly inspect posted Feedback.
17. Rights of Third Parties
22. Privacy & Data Protection