1 Agreement and services

These terms govern the use of the CheQpoint Gift Card & Rewards application and related services provided by Shopley Inc. (Shopley, we, us or our). By accepting these terms or using the services, the merchant (you or your) agrees to them. Anyone acting for a business must have authority to accept them on its behalf.

CheQpoint enables participating merchants to administer physical and digital gift cards, related transactions, promotions and, where included in the merchant’s plan, rewards. Services and features depend on the subscription and integrations selected. We may use qualified processing partners and other service providers to deliver the services.

These terms supplement your merchant agreement, order form and the Shopley Customer Terms and Conditions. A signed agreement or order form prevails over inconsistent provisions in these app terms. These app terms apply specifically to CheQpoint; general customer terms otherwise continue to apply.

Shopley Customer Terms and Conditions

2 Software licence and restrictions

Subject to your agreement and payment of applicable fees, Shopley grants you a non-exclusive, non-transferable right to use the application for your authorized business operations during the service term. The application is licensed, not sold. Shopley and its licensors retain their respective rights in the software and documentation.

You must not resell access, circumvent security controls, create unauthorized transactions or balances, or copy, modify or reverse engineer the software except where applicable law expressly permits it. Authorized staff may use the services within their assigned permissions. You are responsible for managing that access and keeping credentials confidential.

3 Merchant responsibilities

You must supply accurate setup and transaction information, maintain compatible equipment and connectivity, and follow the operating instructions provided for your program. Review transaction records, report discrepancies promptly and retain the records required for your business and applicable law.

You are responsible for the terms of your customer program, honouring valid gift cards, and complying with requirements governing gift cards, promotions, refunds, customer communications and unclaimed property. Disclose relevant conditions before a customer buys a card or accepts an offer. Purchased gift card value and promotional credit must be identified and administered separately where their conditions differ. System functionality does not authorize restrictions prohibited by law.

4 Fees and subscription

Fees, billing methods, service term, renewal, trial offers and cancellation requirements are set out in your applicable merchant agreement or accepted order form. Card production, payment processing and additional services may carry separate charges. A free application download does not mean the underlying program or processing services are free. Any introductory offer is subject to its stated eligibility and conditions.

Uninstalling the Clover application does not itself alter a separate merchant agreement. Cancellation and any outstanding charges remain subject to that agreement, applicable marketplace rules and law.

5 Connected services and support

Your Clover account and other third-party services remain subject to their providers’ terms. Transactions and reporting require supported connections and permissions. Disabling those connections may affect the program. Contact [email protected] for assistance with the application or program.

The services may be interrupted by maintenance, connectivity issues or circumstances outside Shopley’s reasonable control. Any service commitments in your merchant agreement continue to apply. Do not assume transactions have been completed during an interruption; follow the documented procedures and reconcile records when access returns.

6 Confidentiality and personal information

Each party must protect the other’s confidential information and use it for the agreed services, except where disclosure is authorized or legally required. Information may be shared with personnel and service providers who require it to perform their responsibilities and are subject to appropriate confidentiality obligations.

Personal information is handled as described in the CheQpoint Privacy Policy. You must have authority to supply customer information, provide appropriate notices and obtain required consent. When using promotional messaging tools, comply with applicable electronic messaging laws, maintain consent records and honour unsubscribe requests. These responsibilities do not remove Shopley’s own legal obligations.

7 Suspension and termination

Suspension, termination and any opportunity to remedy a breach are governed by your applicable agreement. Access may also be restricted where reasonably necessary to address fraud, unauthorized access or a legal requirement. On termination, your right to use the application ends. Accrued payment, confidentiality and other continuing obligations remain in effect. Contact Shopley to arrange any available data export or migration. Ending service does not extinguish valid customer gift card balances or your obligations to cardholders.

8 Warranties and liability

Except for express commitments in your applicable agreement and protections that cannot legally be excluded, the application and related services are supplied as available, without additional warranties of uninterrupted operation, fitness for a particular purpose or error-free performance. The limitations of liability, exceptions and indemnification provisions in your merchant agreement and the Shopley Customer Terms and Conditions apply. Nothing here excludes liability or rights that applicable law does not permit the parties to exclude.

9 Changes and governing law

Changes to these terms will be communicated through the service or your account contact, with additional notice or acceptance where required. Amendments to a signed agreement follow its amendment provisions. Ontario law and applicable Canadian federal law govern, subject to mandatory law. If a provision cannot be enforced, the remaining provisions continue to apply.

10 Contact

Shopley Inc. |1-888-490-0003 | [email protected]
379 Adelaide Street West, 2nd Floor, Toronto, Ontario M5V 1S5, Canada