Square Local Offers Merchant Terms of Service
Effective Date: December 1, 2023
These Terms and Conditions (“Additional SLO Terms”) are a legal agreement between you, as a business participating in Square Local Offers (“SLO”), (“Participating Square Seller,” “you,” “your”), and Block, Inc., formerly known as Square, Inc., (”Square,” “we,” “our” or “us”) and govern your use of the SLO services (“Services”). By participating in SLO, you agree to be bound by the General Terms, these Additional SLO Terms, and all other terms, policies, and guidelines applicable to the Services made available through SLO including, but not limited to, the Square Privacy Notice. If you are participating in SLO on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the General Terms.
1. Purpose and General Description of SLO
The purpose of SLO is to promote Participating Square Sellers via email(s) containing those Participating Square Sellers’ cashback offers (the “Offers Email(s)”), a website where Participating Square Sellers’ cashback offers are displayed (the “Website”), Cash App (a financial platform offered by Block, Inc.), and/or any other advertising promotion(s) that Square may offer in its sole discretion (collectively, “Advertising Promotion(s)”). SLO is only available in select locations, as determined at Square’s sole discretion (“Participating Locations”).
The manner in which Square promotes Participating Square Sellers in its Advertising Promotions is at its sole discretion. You acknowledge that a cashback offer for your business may be featured in the same Advertising Promotion as other Participating Square Sellers. Participating in SLO does not create a contract between or among Square and any Participating Square Seller(s) for Square to facilitate sales of Participating Square Sellers’ products or services. Square does not guarantee customers’ utilization of any cashback offer.
You agree to pay the applicable fees listed on our Fee Schedule, unless otherwise agreed to in writing by you and Square (“Fees”). When you pay Fees, the amount of the cashback a customer can receive when redeeming a cashback offer is calculated pre-tip and pre-tax. In no instance are you entitled to any refund of the Fees that you paid to customers.
3. Intellectual Property License
By participating in SLO, you grant Square a royalty-free, perpetual, non-exclusive right and license to use your business’s name, trademark, and logo (“Trademarks”) worldwide in connection with SLO. You also permit the customers of Participating Square Sellers to access, view, store, or reproduce the material encompassing such Trademarks for such customers’ personal use in connection with SLO.
You represent and warrant that all materials approved for use by you in connection with SLO are Content as defined in the Section 5 of the General Terms.
In addition to rights set forth in Section 15 of the General Terms and Section 3 of these Additional SLO Terms, Square owns all rights, title, and interest, in and to SLO, the Offers Emails, the Advertising Promotions, the Website, and all copies of the same.
You may submit Ideas about SLO. Submitting Ideas is entirely voluntary, and we will be free to use such ideas as we see fit without any obligation to you.
5. Modification and Termination
Square may terminate SLO or these Additional SLO Terms, or suspend or terminate your participation in SLO, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on SLO or any feature or aspect of SLO at our sole discretion. We will take reasonable steps to notify Participating Square Sellers of termination or these other types of SLO changes by email, phone, or at the next time you or another authorized user attempts to access your Square Account.
You may request that Square cancel your participation at any time by notifying Square at firstname.lastname@example.org.
6. Effect of Termination
In addition to the effects of termination set forth in Section 13 of the General Terms, if SLO or your participation in SLO is terminated or suspended for any reason: (a) the license and any other rights granted to you under the General Terms as applicable for use in SLO will end, (b) Square will cease including your business in SLO within two (2) weeks of your the termination of your participation, and (c) Square may continue to use your Ideas at its sole discretion.
7. No Warranties
In addition to the warranties disclaimed in Section 18 of the General Terms, Square does not guarantee that any Participating Square Seller will receive any increased revenue, sales, or other benefits by participating in SLO.
BECAUSE SQUARE IS NOT INVOLVED IN TRANSACTIONS BETWEEN OR AMONG CUSTOMERS AND SELLERS, IF A DISPUTE ARISES BETWEEN OR AMONG ONE OR MORE PARTICIPANTS IN SLO, EACH PARTICIPANT RELEASES SQUARE (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
As set forth in Section 11 of the General Terms, each Participating Square Seller is responsible and liable for determining any and all Taxes required to be assessed, incurred, collected, paid, or withheld for your use of the Services. Such obligation extends to any Taxes arising from or out of your participation in SLO. Square specifically disclaims any liability for such Taxes. Square is solely providing you with advertising services hereunder, and is not a marketplace facilitator with respect to your sales.
9. Relationship of Parties
You are not an employee of Square. Nothing in these Additional SLO Terms will be construed to create a partnership, joint venture, franchise, agency, sales representative, or employment relationship between or among the parties. You will have no authority to make or accept any offers or representations on Square’s behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. These Additional SLO Terms do not create an exclusive relationship between you, the Participating Square Seller, and Square.