Trusted Stores Program Terms of Service
The Trusted Stores Program (the “Program”) is designed to help customers (“You”) find merchants who offer a superior online shopping experience. The Program offers You certain protection when You purchase an eligible item from a merchant participating in the Google Trusted Stores Program (“Merchants”). When You elect to participate in the Program through the Program’s opt-in module or by any other means that Google provides, You are agreeing to the terms described here. This is a legally binding document, so please read it carefully.
This document consists of the following sections:
- The Protection Google Offers
- Your Eligibility Requirements
- Qualifying Merchants and Eligible Items
- Your Responsibilities
- Getting a Refund
- Your Privacy
- Electronic Communications
- Termination of Service
- Disclaimer of Warranties
- Limitations of Liability; Force Majeure
- Proprietary Rights
- Jurisdiction; Governing Law
- Modification of Terms
- Other Provisions
The Protection Google Offers
When You buy an item covered by the Program from a qualifying Merchant, and the Merchant fails to remedy any of the eligible problems listed in this section, Google will assist You in resolving the problem and/or provide You a full refund, equal to the original item price plus shipping and tax, subject to the refund limitations and processes described in these terms. Please consult the Program help center for more information on how Google protects purchases covered by the Program and other Program policies. Eligible problems include each of the following:
- You fail to receive the correct item
- Your item is not in the promised condition
- You are billed an incorrect amount
- Your item is not shipped in a timely manner
- The Merchant does not honor their return policies
Your protection is limited to the lower of (a) the full amount You paid the Merchant, including tax and shipping or (b) $1,000 in lifetime claims for Your account. You may not open more than one account associated with the Program. In no case will Your compensation exceed the amount You paid the Merchant, minus any refunds You received from the Merchant.
In lieu of a direct refund, Google may, at its sole discretion, assist You in filing a chargeback with Your payment provider.
Google retains the exclusive right to determine or change the refund limits described above, the eligibility of any claims You make against a Merchant or the Program, the validity of any remedy offered by the Merchant, and the amount of refund, if any, You are due.
For the avoidance of doubt, protection offered by Google as part of the Program is not:
- A product warranty or extended warranty - You should follow warranty instructions provided by the product manufacturer if the product is defective; Google’s protection does not enhance or extend the manufacturer’s warranty;
- A special return policy — You must follow the Merchant’s return policy;
- Any form of insurance — You are responsible if Your item is lost, stolen, or damaged, except as specifically defined in the protection section of these terms;
- A guarantee of product availability, shipping date, or speed — if a Merchant is unable to ship Your item, Your recourse is limited to a complete refund. If an order is late, You may cancel it without fees as described in these terms;
- A source of added compensation — if a Merchant fails to meet its obligations, Your maximum aggregate reimbursement from the Merchant and Google is a full refund;
- A product endorsement — Google does not certify or evaluate or endorse the quality, safety, performance, appropriateness, or legality of products sold by Merchants in the Program. Google is not responsible for the truth or accuracy of the description of such products, and does not provide or endorse any advice, opinion, offer, proposal, statement, data or other information displayed or distributed, purchased or paid through the Merchant’s website(s); or
- A protection against identity theft or credit card theft — Your protection is limited to the item You purchased as described above.
Your Eligibility Requirements
To be eligible for the Program, in addition to the other conditions contained in these terms:
- You must opt-in to the Program at the time of purchase through the Program’s opt-in module or through any other means Google provides;
- You must provide a valid e-mail address at the time of purchase;
- You must activate Your protection by logging into Your account and create an account profile with Google within 60 days of Your purchase by following the instructions Google sends You via e-mail;
- You must be over the age of 18;
- You must be legally capable of agreeing to the Program and entering into a legally binding agreement;
- You may not be associated in any way with the Merchant from whom You are purchasing;
- You may not have exceeded Your lifetime protection limits as described in these terms; and
- You may not otherwise be prohibited from participating in the Program.
Qualifying Merchants and Eligible Items
Not all purchases are protected by the Program. Please read this section carefully to understand if Your purchase qualifies for the Program.
- Purchase from a Google Trusted Store
- Order Placed Online By You
- Pay in US Dollars
- Payment Methods
- No Chargebacks
- US Shipping Addresses Only
- No P.O. Boxes
- No Change Of Address
- Proof of Payment
- No Virtual Currency
- No Conditional Retail Models
- Recurring Purchases
Purchase from A Google Trusted Store
Only purchases made from a Google Trusted Store are eligible for the Program. Google Trusted Stores display a Google-authorized badge on their website. If You doubt a Merchant’s eligibility for the Program, do not place an order. Merchants may, from time to time, change their eligibility status as Google Trusted Merchants, so You should verify the Merchant’s eligibility before every purchase.
Order Placed Online by You
You must personally place Your order online, not via phone, fax, mail, co-navigation, or any other method where someone other than You or someone authorized to act on Your behalf are accepting these terms.
Pay in U.S. Dollars
You must pay for Your order in U.S. Dollars.
You must pay for Your order with a credit card, debit card, PayPal™, BillMeLater®, Amazon Payments™, eBillMe™, or Google Checkout. Orders paid with any other method, including but not limited to, cash, check, purchase order, gift card, house credit, or wire transfer are not eligible for the Program.
If You have filed a chargeback and it is still open, or if You have won a settlement of any amount via Your credit card or other payment processing company, Your order is not eligible for the Program.
US Shipping Addresses Only
Orders shipped outside the 50 U.S. states are not eligible for the Program.
Google may attempt to suppress the Program’s visible elements to You when You access a Merchant’s website from outside the U.S., however this action is taken as a convenience only. By electing to participate in the Program, You agree You are shipping to an eligible address. If You order with an ineligible address but nevertheless elect to participate in the Program and You later escalate the order for assistance, Google may (at its sole discretion) attempt to provide assistance resolving the issue, but in no case shall the order be eligible for any protection or coverage implied by the Program.
No P.O. Boxes
Orders shipped to Post Office Boxes are ineligible for the Program.
No Change Of Address
Orders may be declared ineligible for the Program if the delivery address is changed or the shipment is re-routed during transit.
Proof of Payment
Google may, at its sole discretion, require You to provide sufficient proof of payment for an order to be eligible for the Program.
No Virtual Currency
Orders paid via virtual currency are ineligible for the Program.
No Conditional Retail Models
Your order may not be on a conditional basis, such as (but not limited to) offers requiring a minimum number of customers to activate a purchase.
If you place an order that results in recurring charges for recurring shipments of an item (e.g., you order monthly shipments of dog food where you are charged on a monthly basis for each shipment), only the initial shipment is eligible for protection under the Program.
Just as Google requires Merchants to meet their commitments on each order, it is Google’s policy to require customers to meet their commitments as well. You must comply with Your Merchant’s policies, terms, and conditions. Because policies may vary significantly based on the product You buy or the Merchant from whom You buy, please read and consider these details carefully prior to placing Your order. Please be aware that some policies place significant restrictions or burdens on the customer, including (but not limited to) items which may not be returned or cancelled, restocking fees, return shipping fees, cancellation fees, requirements to refuse damaged shipments, or the requirement to return items before receiving a refund. As a convenience to You, Google may, at its sole discretion, snapshot the return policy and terms of service offered by Your Merchant at the time of order and present the documents for Your reference in the Program’s web-based help center. For the avoidance of doubt, if You seek help from Google regarding an order eligible for the Program, Google will evaluate Your compliance with the Merchant’s policies, terms, and conditions when determining if any protection is warranted.
Getting a Refund
If Google determines that You are due a refund according to the terms above, the Merchant will have an opportunity to refund You directly via Your original form of payment. If the Merchant fails to refund You, Google will refund You directly or may, at Google’s option, assist You in filing a dispute through the provider of Your original form of payment.
Google may communicate with You regarding the Program by means of electronic communications, including (a) sending electronic mail to the email address that You provided to Your Merchant or to Google, (b) posting notices or communications on the Program’s web-based help center, or (c) posting notices or communications to You on Your Program account page. You agree that Google may communicate with You by means of electronic communications the following: these terms (and revisions or amendments), notices or disclosures regarding the Program, refunds, and any other matter relating to Your participation in the Program.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by You when Google sends the electronic communication to Your email address, or when Google posts the electronic communication on the Program’s web-based help center.
For those communications or records that Google is otherwise required under applicable law to provide in a written paper form to You, You agree that Google may provide those communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) You may contact Google through the Program’s web-based help center to request another electronic copy of the electronic communication without a fee; (b) You may request a paper copy of such an electronic communication, and Google reserves the right to charge a fee to provide such paper copy; (c) You may contact Google through Your Program account or the Program’s web-based help center to update Your email used for electronic communications or to withdraw consent to receive electronic communications; and (d) Google reserves the right to terminate Your participation in the Program if You decline or withdraw consent to receive electronic communications from Google.
Notwithstanding anything to the contrary in these terms, You agree to release Google, its affiliates, and its and their respective officers, directors, employees, agents and contractors, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute between You and any Merchant, provided that such release does not relieve Google of its obligations under the Program as expressly set forth in the section above titled “The Protection Google Offers.” Except in connection with the claims process as described here, You agree that You will not involve Google or any of its affiliates in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other customer, advertiser or other third party in connection with the Program. If You attempt to do so, (i) You will pay all costs and attorneys’ fees of Google and any of their affiliates and will provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute will be limited as set forth below.
Termination of Service
We may, in our sole and absolute discretion without liability to You or any third party, terminate Your participation in the Program for any reason, including without limitation inactivity or violation of these terms or other policies we may establish from time to time. Upon termination, we have the right to prohibit Your access to the Program, including without limitation by deactivating Your account, and to refuse future access to the Program by You.
You agree to indemnify, defend and hold harmless Google, its affiliates, and its and their respective officers, directors, employees, agents and contractors (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) Your participation in the Program; (ii) any breach or non-compliance by You of any term of these terms or any Program policies; (iii) any dispute or litigation caused by Your actions or omissions; or (iv) Your negligence or violation or alleged violation of any law or rights of a third party.
Disclaimer of Warranties
THE PROGRAM IS MADE AVAILABLE “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
GOOGLE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
CONTRACTORS (COLLECTIVELY, “GOOGLE PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF
ANY KIND WHATSOEVER FOR THE PROGRAM OR THE PRODUCTS, CONTENT, MATERIALS, INFORMATION
AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
PROGRAM, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE PROGRAM. EACH GOOGLE PARTY DISCLAIMS WITHOUT LIMITATION, ANY
WARRANTY OF ANY KIND WITH RESPECT TO THE PROGRAM, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. THE GOOGLE PARTIES DO NOT WARRANT THAT THE
ESCALATION, ARBITRATION, REFUND OR OTHER SERVICES CONTAINED IN THE PROGRAM WILL BE
UNINTERRUPTED OR ERROR FREE, AND THE GOOGLE PARTIES WILL NOT BE RESPONSIBLE FOR ANY
SERVICE INTERRUPTIONS (INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES
OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE,
COMPLETION OR SETTLEMENT OF REFUNDS).
Limitations of Liability; Force Majeure
IN NO EVENT WILL ANY GOOGLE PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GOOGLE PARTY OR THE PROGRAM, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GOOGLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT WILL THE GOOGLE PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000) IN THE AGGREGATE. Each party to these terms acknowledges that the other party has entered into these terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Google Party will have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Program, including any intellectual property rights which subsist in the Program (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Program may contain information which is designated confidential by Google and that You shall not disclose such information without Google’s prior written consent.
Nothing in these terms gives You a right to use any of Google’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Jurisdiction; Governing Law
These terms will be governed by the laws of California, except for California’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to these terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In addition to the electronic communications authorized under the Section entitled Electronic Communications, statements, notices and other communications to You may be made by mail, email, postings on the Program’s web-based help center or other reasonable means. Google may also provide notices of changes to these terms or other matters by displaying links to notices on the websites of Google or a Google-affiliated or partner company (a “Google Web Site”). Notice to Google may be made by mail to:
1600 Amphitheatre Parkway
Mountain View, CA 94043, United States
Modification of Terms
Google has the right, in its sole and absolute discretion, to change, modify, or amend any portion of these terms at any time by posting notification on a Google Web Site or otherwise communicating the notification to You. The changes will become effective, and will be deemed accepted by You, after the initial posting and will apply on a going-forward basis after the posting date. In the event that You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your participation in the Program.
You may not assign these terms or any rights or obligations hereunder, by operation of law or otherwise, without Google’s prior written approval and any such attempted assignment shall be void. Google reserves the right to freely assign these terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these terms will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of Your participation in the Program or termination of these terms for any reason, the provisions of these terms that by their nature should survive that termination will survive that termination.
The failure of Google to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms are adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and remain enforceable between the parties to these terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These terms constitute the entire agreement between Google and You with respect to Your participation in the Program. These terms are not intended and shall not be construed to create any rights or remedies in any parties other than You and Google, and no other person shall assert any rights as a third-party beneficiary hereunder.