Refundify
Terms & Conditions
Version Date: 17 January 2024
THIS AGREEMENT (the “Agreement”) sets forth the terms and conditions of the relationship between:
​
Company: Refundify, Company: CavTech Limited DBA “Seller Candy”, a corporation at Room 9, 4th Floor, Beverley Commercial Centre, 87-105 Chatham Road South, Tsim Sha Tsui, HONG KONG (the “Company,” “we,” “us,” or “our”)
​
You have agreed to participate in the Refundify Revenue Recovery Service (the “Service”).
​
WHEREAS, the Company offers a Service specializing in the recovery of revenues for Amazon sellers; and
WHEREAS, the Client desires to utilize the Service for the purpose of revenue recovery.
​
THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
​
1. Service Description
The Company shall provide Amazon revenue recovery services, including identifying potential reimbursement claims, filing and managing such claims, and communicating with Amazon on behalf of the Client.
​
2. Client Obligations
The Client shall provide all necessary information and access to their Amazon Seller account as required for the Company to perform the services.
​
3. Fees and Payment
The Client agrees to pay the Company a fee based on a percentage of the recovered amount or a fixed fee per successful claim, as detailed in the attached Schedule A. Variable Percentage Charge:
​
3.1 The client agrees that the percentage charge applied by Refundify for recovered revenue will be variable and directly correlated with the Monthly Recurring Revenue (MRR) of the company.
3.2 This charge is calculated as a percentage of the revenue recovered by Refundify on behalf of the client. The specific percentage is determined based on the current MRR of the company, as periodically assessed by Refundify.
​
Right to Modify Percentage Charge:
​
3.3 Refundify reserves the unilateral right to alter, modify, or change the percentage charge for recovered revenue at any time and without prior notice to the client.
3.4 Such alterations may reflect changes in market conditions, operational costs, company policy, or other factors deemed relevant by Refundify.
​
Client Acknowledgment:
​
3.5 The client acknowledges and agrees that the percentage charge for recovered revenue is not fixed and may vary as per the discretion of Refundify.
​
3.6 The client further agrees to abide by the charges as determined and modified by Refundify, understanding that these charges are an integral part of the services provided.
​
Payment Processor:
​
3.7 We use Stripe for payment, analytics, and other business services. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities via privacy policy at https://stripe.com/privacy.
​
4. Notification of Changes
While Refundify reserves the right to change the percentage change without prior notice, it endeavors, where practicable, to inform the client of any significant changes in a timely manner.
5. Finality of Charges and Limitation of Liability
​
Finality of Charges:
​
5.1 Upon the issuance of an invoice by Refundify to the client, all charges detailed in the said invoice are deemed final and non-refundable. The client acknowledges and agrees that upon receipt of the invoice, they are obligated to fulfill the payment of all charges as stated.
5.2 The client confirms that they have reviewed and accepted the services or products as detailed in the invoice prior to its issuance and agrees that the charges reflect their agreement and understanding of the value received.
​
Limitation of Liability for Third-Party Actions:
​
5.3 Refundify shall bear no liability or responsibility for any actions, decisions, or policies implemented by third parties, including but not limited to Amazon, that may impact the client after the issuance of an invoice.
​
5.4 Specifically, in instances where Amazon issues a clawback, Refundify explicitly disclaims any liability. The client acknowledges that such clawbacks are beyond the control of Refundify and agrees that Refundify shall not be held responsible for any losses, damages, or liabilities arising from such actions by Amazon.
​
6. Acknowledgement
The client hereby acknowledges that they have read, understood, and agreed to the terms outlined in this clause. The client further acknowledges that this clause is a binding part of their agreement with Refundify and agrees to abide by its terms.
​
7. Data Security
The Company commits to maintaining the confidentiality and security of the Client’s data in accordance with applicable data protection laws.
​
8. Limitation of Liability
The Company’s liability under this Agreement shall be limited to the total fees paid by the Client. The Company is not liable for claims denied by Amazon or for any indirect, incidental, or consequential damages.
​
9. Term and Termination
This Agreement shall commence upon the client creating an account in the Refundify app and continue until terminated by either party with notice. Upon termination, all outstanding fees shall become due and payable. Any cases opened with Amazon but not yet concluded will be considered payable.
​
10. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the term of this Agreement and thereafter.
​
11. Indemnification
The Client agrees to indemnify and hold harmless the Company from any claims, damages, or expenses arising from the Client’s use of the Service.
​
12. Governing Law
This agreement shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any principles of conflicts of law.
​
13. FORCE MAJEURE
The Company shall not be responsible or liable for any delay or failure to fulfill any provision of this Agreement if such a delay or failure results directly or indirectly from any act of God, war, riot, insurrection, embargoes, acts of civil or military authorities, fires, floods, explosions, accidents, or any other cause beyond the reasonable control of the Company.
​
14. INTERPRETATION
​You acknowledge and agree that you had sufficient time and opportunity to have this Agreement reviewed by your legal counsel. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any party as drafter.
​
This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be controlling.
​
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine, and neuter forms.
​
15. COUNTERPARTS
This Agreement may be executed in counterparts, via any means (including facsimile and e-mail), all of which shall be effective, but when taken together shall comprise one agreement.
​
16. SEVERABILITY
If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
​
17. AMENDMENTS
The Company may modify or amend the terms of this Agreement at any time by posting such changes on the Site and/or notifying you by email. No such amendment shall be effective until at least thirty (30) days after the posting or email notice, whichever occurs first.
​
Notwithstanding any modification, the rights and obligations of the Parties relating to the consideration to be received hereunder and any fees to be charged as between Parties as to any occurrence prior to the effective date of such modification shall remain unchanged by any such modification.
​
18. NOTICES
Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing via email, or to such other address as such Party may notify to the other Parties in writing.
​
19. Privacy Policy
We are committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively, "Services"). This Privacy Policy applies to our Services and governs our data collection, processing, and usage practices. By using the Services, you consent to the data practices described in this policy.
​
19.1 Information Collection and Use
We collect information that personally identifies you, such as your name, email address, and other personally identifiable information that you choose to provide us with or that you choose to include in your profile.
We automatically collect information when you use our Services, such as your IP address, browser type, operating system, the pages you visit on our site, the time and duration of your visits, and other similar information.
​
How We Use Your Information
• To provide and maintain our Services.
• To notify you about changes to our Services.
• To allow you to participate in interactive features of our Services when you choose to do so.
• To provide customer support.
• To gather analysis or valuable information so that we can improve our Services.
• To monitor the usage of our Services.
• To detect, prevent, and address technical issues.
​
19.2 Sharing of Your Information
We do not sell, rent, or lease your personal information to third parties.
Your information may be shared with our trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries.
We may share your data with third parties if required by law or to protect our rights or the safety of our users and the public.
​
19.3 Data Security
We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
​
19.4 Data Retention
We will retain your personal information for as long as your account is active or as needed to provide you with our Services, comply with our legal obligations, resolve disputes, and enforce our agreements.
​
19.5 Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
​
20. ASIN Suspension Support Service
​
20.1 Nature of Service:
This service, referred to as "ASIN Suspension Support Service", is not an insurance product. It is a support service provided in partnership with SellerCandy.com to assist in the reinstatement of Amazon ASINs.
​
20.2 Inclusions:
Subscribers to this service are entitled to up to four (4) Amazon ASIN reinstatements within a 12-month period at no additional cost.
​
20.3 Activation Process:
To activate a reinstatement request, subscribers must contact Refundify support at support@refundify.io.
​
20.4 Additional Reinstatements:
Subscribers may purchase additional reinstatements at a discounted rate of $997 per ASIN, down from the standard price of $1,697.
​
20.5 Eligibility Criteria:
Subscribers must have been with Refundify for at least four weeks before this service becomes active. Reinstatement cover applies only to issues occurring after subscribing to Refundify. For incidents predating subscriptions, the standard partner fee of $997 applies.
​
20.6 Limitations and Exclusions:
This service covers only ASIN suspensions. Products must be compliant with Amazon's Terms of Service. All documentation must be provided in English.
​
20.7 Service Timeframe:
SellerCandy will work on the suspension until a final decision is received from Amazon.
​
20.8 Disclaimers:
Success in ASIN reinstatement is not guaranteed. Neither Refundify nor SellerCandy can be held liable for unsuccessful reinstatements. No promises or obligations are implied.
​
20.9 Termination of Service:
This service is void if the client uses another reimbursement provider or discontinues their Refundify subscription.