Stakkly Terms
These terms explain the main rights, responsibilities and limits that apply when you use Stakkly's website, CMS, merchant pages, bookings, passes, products, orders and related services. Please read them carefully before using the services.
By browsing our website, creating an account, using the CMS on behalf of a merchant, or otherwise using Stakkly services, you agree to these terms. If you do not agree, do not use the services.
If you use Stakkly for a company, merchant or other organisation, you confirm that you have authority to accept these terms on that organisation's behalf. In that case, "you" includes that organisation.
Stakkly provides self-serve operating tools for merchants, including merchant pages, a CMS, passes, bookings, product catalogues, orders, payment status, team management and related features. We may add, change or remove features as the product evolves.
Stakkly is a software platform. We are not an agent for your customers, staff, service providers or payment providers, and we do not provide legal, tax, accounting or financial advice.
When you operate a merchant page through Stakkly, you are responsible for your products, services, prices, inventory, booking slots, pass terms, refund arrangements, taxes, licences, consumer protection obligations, customer communications and fulfilment.
You must make sure content you publish through the platform is accurate, lawful, not misleading, and that you have the rights to use any trade marks, images, text and data that you upload.
Transactions, services, disputes, refunds, complaints and legal obligations between you and your customers, staff, suppliers, payment providers or other third parties are your responsibility. Except for liability that cannot be excluded by law, Stakkly does not assume responsibility for those matters on your behalf.
Some features may require a paid plan, usage limits or third-party payment services. Applicable fees, plan features, usage limits, payment arrangements and the Subscription cycle will be described in the subscription, quote or relevant product page.
Unless separately agreed in writing, fees exclude taxes, bank charges, payment provider fees and third-party service fees. You remain responsible for customer collections, refunds and reconciliation.
You must not use Stakkly to:
To the fullest extent permitted by law, we may, in our sole or reasonable judgment and without prior notice, suspend or terminate accounts, close merchants, limit features, refuse to process transactions, or remove, block, hide or delist any merchant page, product, service, pass, booking slot, order flow, content, link, integration or other material.
We may take those actions where you breach these terms or another policy; where we suspect fraud, misleading conduct, infringement, unlawful activity, misuse, security risk, failed payment, refund or chargeback risk, consumer complaints, regulatory or enforcement requests; where content may harm Stakkly, users or the public; or where we consider action necessary to protect the platform, services, brand, partners or third-party rights.
Except for liability that cannot be excluded by law, we may take any suspension, termination, closure, restriction, removal, blocking, hiding or delisting action without liability to you, your customers or any third party, including for compensation, refunds, lost revenue, lost data or loss of goodwill.
We have no obligation to monitor, review or retain merchant content, but may preserve relevant records for operations, security, audit, dispute-handling, legal or compliance purposes.
We handle personal data as described in our Privacy Policy. When you use Stakkly, you must make sure you have the right to provide customer, staff or other personal data to us, and that you have given any required notices or obtained any required consents.
If you collect or manage customer data through Stakkly, you are responsible for complying with applicable privacy, data protection and communications laws, and for responding to relevant customer requests.
Stakkly may connect with payment, communications, analytics, hosting or other third-party services. Those services are provided by their own providers and may be subject to separate terms and policies.
We do not control the operation, pricing, availability or security measures of third-party services. You are responsible for assessing and complying with the requirements that apply to those services.
Stakkly, the platform design, software, brands, documentation and related technology are owned by us or our licensors. Except as expressly allowed by these terms, you must not copy, modify, distribute, sell or create derivative works from them.
You keep ownership of merchant content you upload to Stakkly. You allow us to use, host, process and display that content as needed to provide, protect, support and improve the services.
We use reasonable efforts to keep the services available and secure, but we do not guarantee that they will be uninterrupted, delayed, free from data loss, free from attacks or error-free. We may maintain, update, limit, suspend, discontinue or change services to protect the platform, improve the product, control risk or comply with law.
We may update these terms from time to time. The updated version will be posted on this page and identified by the last updated date above. If you continue to use the services after an update, you accept the updated terms.
To the fullest extent permitted by law, Stakkly services are provided on an "as is" and "as available" basis. We do not give any express or implied warranty that the services will be error-free, uninterrupted, secure, complete, fit for a particular purpose, merchantable, or produce any business outcome, customer conversion, revenue or profit.
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, punitive, exemplary or consequential losses, or for lost profits, revenue, goodwill, data, customers, orders, payments, business interruption or business opportunities, even if we were told such losses were possible.
To the fullest extent permitted by law, Stakkly's total liability to you for any claim, dispute or loss is limited to the greater of the fees you actually paid to Stakkly for the relevant services in the 3 months before the event giving rise to the claim, and HK$100.
Nothing in these terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence where it cannot be excluded.
To the fullest extent permitted by law, you agree to indemnify Stakkly, its affiliates, directors, employees, contractors, service providers and partners against claims, liabilities, losses, penalties, costs, expenses and reasonable legal fees arising out of or related to your products or services, merchant content, customer transactions, bookings, passes, refunds, taxes, licences, unlawful or non-compliant conduct, infringement allegations, data handling, payment disputes, chargebacks, your breach of these terms, or use of the services by your team members.
We may handle, defend or settle any claim that may require indemnity from you, and may require your reasonable cooperation. You must not settle any claim in a way that affects Stakkly's rights, admits Stakkly's liability or requires Stakkly to take action without our prior written consent.
You may stop using Stakkly or cancel a subscription through the methods provided in the service. We may suspend or terminate your services, close merchants, limit features or delist content at any time under these terms, especially where you breach these terms, create risk, fail to pay, remain inactive for an extended period, are involved in complaints, or where required by law.
After termination, some terms continue to apply, including payment obligations, intellectual property, data handling, platform enforcement, disclaimers, liability limits, merchant indemnity and dispute resolution terms.
These terms are governed by the laws of Hong Kong. Unless applicable law requires otherwise, disputes relating to these terms or the services should be handled by the courts of Hong Kong.
If you have questions about these terms, please contact us.