These Google Checkout Seller Sunset Terms of Service ("Sunset TOS") are a legal contract between Google Payment Limited, a company incorporated in England (Company No. 05903713), whose registered office is at Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ ("GPL") and you ("Seller"). The Sunset TOS supplements but does not replace the Seller Terms of Service ("Agreement") between Seller and GPL. If any terms conflict between this Sunset TOS and the Agreement, the Sunset TOS controls and governs to the extent the conflict applies to Google Checkout. All capitalized terms not defined here are as defined in the Agreement.
GPL can be contacted by email through the Help Centre at https://support.google.com/
1.1 Sunset of Google Checkout. As announced on May 20, 2013, GPL is ceasing operation of Google Checkout on or about November 20, 2013 ("Sunset"). Some features of Google Checkout may remain available for a limited time after Sunset. Seller acknowledges receipt and notice of the Sunset, and agrees that any further details relating to Google Checkout will be communicated over email or posting to a Google Website.
1.2 Sunset TOS Applicable only to Google Checkout. This Sunset TOS applies only to the extent that Seller uses the Service for Google Checkout. For the avoidance of doubt, "Google Checkout" is defined in this Sunset TOS as only the services and functions subject to the Sunset, including:
(i) Checkout XML or HTML APIs,
(ii) Buy Now buttons,
(iii) Email invoices,
(iv) Google Checkout store gadget,
(v) Google Checkout shopping cart,
(vi) subscriptions, guest checkout or other Checkout Beta features,
(vii) any third party pre-integration with Google Checkout, and
(viii) Checkout donations/political contributions.
This Sunset TOS does not apply to any non-Google Checkout use of the Service, including Google Play, Chrome Web Store, Offers Marketplace, other Google Marketplaces, or Google Wallet for digital goods.
1.3 Termination of Agreement. The parties agree that upon Sunset, the Agreement shall no longer apply to Google Checkout except as provided in this Sunset TOS. If Seller’s use of the Service under the Agreement is solely for Google Checkout, the Agreement shall terminate as of December 20, 2013. Seller acknowledges that GPL may continue to provide transaction records and other account information to Seller after Sunset and after termination of the Agreement; such provision is made in GPL’s sole discretion and GPL may cease providing such records at any time. For the avoidance of doubt, the Agreement shall not terminate for uses of the Service other than for Google Checkout.
1.4 Termination and Modification of Sunset TOS. This Sunset TOS shall automatically terminate on January 3, 2015. Furthermore, GPL may terminate, limit or suspend this Sunset TOS at any time prior and for any reason. GPL may change, modify, or amend any portion of this Sunset TOS at any time by posting notification on a Google website or otherwise communicating the notification to Seller, and such changes will become effective, and will be deemed accepted by Seller, after the initial posting by GPL or the sending by GPL of notification to Seller.
1.5 Redemption of E-Money. Termination of the Agreement due to Sunset shall not adversely impact Seller’s redemption of funds pursuant to clauses 5.8 and 10.7.
2.1 Refunds and Adjustments. Notwithstanding clauses 7.13 of the Agreement, Seller agrees that refunds will be handled as follows:
Refunds. Seller will disclose its return/cancellation policy to Buyers.
If Seller allows refunds of Products in connection with a Funding Transaction from Buyer, Seller agrees to process such refunds using the Google Checkout refund function ("Refund Function"), which will be available to Seller until December 20, 2013 or thereabout. Seller will initiate a credit to the Buyer using the Refund Function within three (3) days of receiving the Buyer's request. After December 20, 2013, Seller acknowledges that GPL will no longer process refunds for Google Checkout Transactions, and any refund obligations of Seller to Buyers will be administered solely by Seller.
The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Funding Transaction. Seller is not allowed to accept cash or any other payment or consideration from a Buyer in return for preparing a refund to Buyer. If Seller’s refund policy prohibits returns under certain circumstances, Seller may still receive a chargeback relating to such sales pursuant GPL’s policies and to the rules of a card association. If there are sufficient available funds in Seller’s Redemption Account and so long as the Payment Order and Refund Function are available within the Service, refund requests from Sellers will be processed as provided in clause 2.8. Prior to that, the processing of refund requests is at GPL’s sole discretion. If Seller makes a refund in error, GPL may charge Seller a fee for the costs of GPL’s reasonable efforts to correct the error.
2.2 Manual Adjustments. The following section supplements the terms of the Google Checkout Program Policies and Guidelines. Notwithstanding clause 2.f of such Program Policies, Seller agrees that manual adjustments will be handled as follows:
Submit requests for manual adjustments in a timely manner.
So long as such functions remain available, you should process all transactions using the automated authorization, capture, and refund functions within Google Checkout. On rare occasions and within the course of the Sunset, you may be required to request a manual adjustment to a transaction. You must submit these requests for manual adjustments to us within 90 days of the original order date, or by December 20, 2013, whichever comes first. We will review these requests for validity and make adjustments at our discretion. You acknowledge that we will no longer process any adjustments for Google Checkout transactions after December 20, 2013.