Legal
The agreement between your business and TopHatMedia for use of HatDrop.
HatDrop is a software platform provided by TopHatMedia. It gives a business tools to take orders online, manage products and stock, arrange and dispatch deliveries, keep customers informed, and run related day-to-day operations.
HatDrop is software. It is not a retailer, a delivery company or a party to any sale between a business and its customers. The business using HatDrop operates its own store, sets its own prices, holds its own products and deals directly with its own customers.
In these terms, “we” and “us” mean TopHatMedia, and “you” means the business subscribing to HatDrop.
You must be able to enter into a binding agreement on behalf of your business, and the information you give us when you sign up must be accurate and kept up to date.
You are responsible for the accounts you create for your own staff and drivers, for what those accounts do, and for removing access when someone leaves. Keep sign-in details confidential and tell us promptly if you believe an account has been misused.
Your subscription gives your business a non-exclusive, non-transferable right to use HatDrop for the duration of the subscription, for your own business operations.
You may not resell, sublicense or make the platform available to another business as your own product, or attempt to copy, reverse engineer or extract the software behind it.
You are responsible for your own business. That includes the products you offer and how they are described, the prices you set, the licences and permissions your business requires, your relationships with your customers, how deliveries are carried out, and your compliance with the laws that apply to you.
You are also responsible for how you configure HatDrop — your delivery areas and pricing, your minimum age and verification settings, your staff permissions, your published policies and the accuracy of everything you enter.
Nothing we provide is legal advice, and no setting in the platform is a substitute for your own professional advice.
Orders placed through your storefront are between you and your customer. You are the seller. You decide whether to accept an order, how it is fulfilled, and how customer questions, refunds, returns and complaints are handled.
Deliveries are carried out by you or by people you engage. We do not employ, direct, supervise or vet your drivers, and we do not guarantee that any particular delivery will be completed or completed within a given time.
Subscription fees for HatDrop are agreed with you and invoiced by TopHatMedia. Fees are for use of the platform and the support that comes with it.
Payments your customers make for orders are between you, your customer and your own payment provider. Those payments are governed by your agreement with that provider, not by these terms, and we do not guarantee that any provider will approve, continue or complete a particular transaction.
Some platform features rely on third-party services. Those services have their own terms, requirements and availability, and may change or become unavailable outside our control.
The information in your workspace — your products, your customers, your orders and your settings — belongs to your business. We hold and process it in order to provide the platform to you, and in accordance with our Privacy Policy.
You can export your data while your subscription is active, and we will provide an export if your subscription ends.
You are responsible for having a lawful basis to collect the customer information you enter or gather through your storefront, and for the notices and choices you give your own customers.
HatDrop, the software behind it, and the TopHatMedia and HatDrop names and marks remain ours. Nothing in these terms transfers ownership of them to you.
Your business name, logo, imagery, product content and customer data remain yours. You give us permission to use them only as needed to operate your storefront and provide the platform to you.
Do not use HatDrop to break the law, to sell what you are not permitted to sell, to misrepresent who you are, or to send communications your recipients have not agreed to receive.
Do not interfere with the platform's operation or security, attempt to access another business's workspace or data, or use the platform in a way that puts the service at risk for other businesses.
We work to keep HatDrop available and to improve it over time. Features may be added, changed or withdrawn, and maintenance may occasionally interrupt access.
We do not currently offer a contractual uptime commitment. If your business needs one, raise it with us before you sign and we will tell you honestly what we can and cannot commit to.
You may end your subscription by telling us. We may suspend or end access if fees go unpaid, if the platform is being used in breach of these terms, or if continuing to provide it would put us or other businesses at legal or operational risk.
Where circumstances allow, we will raise a problem with you and give you a chance to put it right before suspending anything.
When a subscription ends, your storefront is taken offline and we provide an export of your data.
HatDrop is provided as it is. We do not warrant that it will be uninterrupted or error-free, that it will meet every requirement your business has, or that using it will make your business compliant with any law or licence condition.
We do not warrant the performance or availability of third-party services the platform relies on.
To the extent the law allows, neither party is liable to the other for indirect or consequential loss, including lost profits, lost sales or lost data, arising from use of the platform.
Nothing in these terms limits liability that cannot lawfully be limited. The specific liability cap and any exclusions that apply to your subscription are being finalised with counsel — see the note at the top of this page.
If any part of these terms is found unenforceable, the rest continues to apply. A delay in enforcing a right is not a waiver of it. You may not transfer these terms to another party without our agreement.
We may update these terms. Where a change materially affects your business we will tell you before it takes effect.
The governing law and the forum for any dispute are being finalised with counsel and will be stated here before this page is presented as final.
Questions about these terms, or anything in them you would like clarified before signing, can be raised with us directly through the contact page.
Questions about any of this? Ask us.