SumUp E‑commerce Terms

By using SumUp’s e-commerce services as described below ("E-commerce Services"), you agree to be bound by SumUp's General Terms and Conditions (“General Terms”), these E-commerce Terms, and all other terms and policies applicable to specific Services that you may use. These E-commerce Terms are additional terms and, with the General Terms are part of the legal agreement between you and SumUp Payments Pty Limited (“SumUp”, “we”, “us”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms.

1. E-commerce Services

SumUp’s E-commerce Services include SumUp’s e-commerce platforms, as described on our Website and other available e-commerce products and services that enable you to create an online store to sell goods and services to your customers (“Online Store”). You must have an Account with SumUp to use the E-commerce Services, as described in section 1 of the General Terms.

You will be able to accept payments from your customers for your Online Store sales through different payment services offered by SumUp. Your access to and use of the payment Services is governed by the General Terms.

Acting reasonably and to the extent reasonably necessary to protect our legitimate interests, we may change or modify the E-commerce Services by giving you at least 30 days’ prior written notice.

2. Themes

As part of our E-commerce Services, we may provide you with design templates for your Online Store ("Themes"), which may be created by SumUp or by third-party authors.

You may use the Themes to alter your Online Store's appearance; however, you may not use the Themes for any purpose not related to your use of the E-commerce Services. Selling Themes to other users of the E-commerce Services or to any third parties is prohibited.

You may be entitled to modify a Theme to suit your Online Store, but you must respect the rights of the Theme’s author. You acknowledge that the intellectual property rights of a Theme remain the property of the author of the Theme. In case of an alleged violation of those rights by you, SumUp may suspend or deactivate your access to the E-commerce Services.

To the extent permitted by law:

a. you are solely responsible for the installation of the Theme;

b. we are not liable for lost or overwritten data or any other issue that may result from applying a new Theme, except to the extent it arises due to mistake, fraud, negligence or wilful misconduct by us or our employees, contractors, agents or receivers.

3. Your responsibilities

You warrant that your use of our E-commerce Services will comply with all applicable laws and regulations, including consumer, e-commerce and related laws. We are not liable for your non-compliance with any laws or regulations, or with your customer policies and terms, and you will hold harmless and indemnify SumUp against any and all loss, cost, damages or liabilities which SumUp may incur or sustain as a result of your non-compliance, except to the extent they arise due to mistake, fraud, negligence or wilful misconduct by us or our employees, contractors, agents or receivers.

Additionally, you acknowledge and agree that you are responsible for all sales of goods and services made through your Online Store or otherwise made through or utilising our E-commerce Services and that we do not warrant, endorse, guarantee, or assume responsibility or liability for such sales or goods or services that you may offer on or sell through your Online Store or through or utilising our E-Commerce Services or for claims made against you by your customers in relation to such sales, goods or services.

You must ensure that all of your customers are bound by terms and conditions that clearly provide that the customers are purchasing goods and/or services directly from you and that all relevant material contained in your Online Store or in any other collateral that you provide to your customers is consistent with that position.

Additionally you agree that you are solely responsible (and we have no responsibility or obligations) for the following in connection with your Online Store and use of the E-commerce Services:

1. fulfilling and delivering all goods and services ordered by your customers;

2. providing your customers with an adequate return and refund policy in compliance with applicable laws;

3. compliance with all laws and regulations applicable to your business;

4. handling all complaints, inquiries, comments, and claims related to goods and services you offer;

5. fulfilling your tax obligations related to the sale of goods and services, and where necessary notifying your customers of applicable taxes; and

6. providing your customers with a complete and accurate description of the goods or services offered, customer service contact, address, delivery policy, customer data protection policy and all other legally required information to be provided to customers in the relevant jurisdiction.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the E-commerce Services, or use or access to the E-commerce Services, without express written permission from us.

4. Restrictions

You must comply with all restrictions imposed by our General Terms in relation to your use of the E-commerce Services. You further agree not to use our E-commerce Services to offer goods or services that are (a) illegal or potentially illegal (including counterfeited, stolen, or fraudulent ones) or (b) not compliant with all applicable laws or regulations, including without limitation consumer protection laws, product safety laws, intellectual property laws, and trade regulations and export controls.

SumUp may reasonably determine whether your use of the E-commerce Services violates any restrictions imposed under the General Terms or these E-commerce Terms. We retain the right to suspend or terminate your Account and/or Online Store if we determine, or reasonably suspect, that a violation has occurred.

5. Personal data processing

In order to provide you with the E-commerce Services under the E-commerce Terms, SumUp processes personal data of your end-customers . By using the E-Commerce Services you are agreeing to SumUp's Privacy Policy ("Privacy Policy"), which regulates the processing of personal data for the purposes and within the term of validity of provision of SumUp’s E-commerce Services or associated services under the E-commerce Terms. The Privacy Policy forms part of the legal agreement that governs the E-commerce Services.

6. Our liability

In addition to what is stated elsewhere in the General Terms and these E-commerce Terms, to the extent permitted by law, SumUp has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the Online Store, except to the extent the liability arises due to mistake, fraud, negligence or wilful misconduct by us or our employees, contractors, agents or receivers.

To the extent permitted by law, SumUp makes no guarantees or warranties, express or implied, with respect to the Online Store and disclaims any guarantees or warranties to the fullest extent possible.

Nothing in this clause or these E-commerce Terms more generally is intended to have the effect of excluding, restricting or modifying our liability in relation to a failure to comply with any guarantee under Division 1 of Part 3-2 of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applicable to a supply of goods or services.

You indemnify and release SumUp (and its affiliates, officers, directors, employees and agents) from any and all claims connected with any sales of goods or services you make through your Online Store or through or that utilise our E-commerce Services and any disputes you have with your customers related to purchases of your goods or services through the Online Store or through or utilising our E-commerce Services, or your non-compliance with any applicable regulatory requirements in relation to your goods or services or business more generally, except to the extent the liability arises due to mistake, fraud, negligence or wilful misconduct by us or our employees, contractors, agents or receivers.

7. Fees

For use of the E-commerce Services, you agree to pay the fees as set forth on our Website and/or in your Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and to pay any applicable taxes . The current fees that apply to the E-Commerce Services can be accessed at the following hyperlink: Fees

8. Cancellation or Termination

You may cancel your use of the E-commerce Services at any time through your Account settings, and your Online Store will be taken offline, if applicable.

We may suspend or terminate the E-commerce Services at any time that we are permitted to suspend or terminate your SumUp Account under the General Terms.

In addition to what is stated elsewhere in the General Terms and these E-commerce Terms, we may terminate these E-commerce Terms or close your Online Store without prior notice to you if we reasonably determine that (a) your Online Store or the products and/or services you offer for sale constitutes an activity listed as a Restricted Business on our Website or (b) your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Network or Acquiring Partner. We will give you prior notice of at least 30 days of any changes to the list of Restricted Businesses, except where we need to urgently add an activity in order to reflect requirements imposed on us by law, the network rules set forth by the organizations that provide cards and payment methods that SumUp uses to facilitate payments to you (including, but not limited to Visa, Mastercard and American Express) or our acquiring partners, in which case we will give you such notice as is reasonably practicable in the circumstances.