By using this website, you agree that you have read, understand and agree to the terms and conditions below (the" Terms and Conditions of Service Agreement "). If you don't agree to be bound by these Terms, please don't access or use the website. In agreeing to these Conditions, you're responsible for periodically checking for modifications and/or upgrades to these Terms. Notwithstanding the foregoing, we'll attempt to notify you that we've made changes to the Terms by posting such changes on the website. Any alterations to the Terms will become effective upon posting. Your continued use of this Website after any change constitutes your agreement to follow and be bound by the Terms as modified. These Conditions shall remain in full force and effect while you use the website. Your use of this Site (and any other attribute, content or program offered from time to time from the Site) is subject constantly to these Conditions (as modified by us from time to time) and all applicable laws, regulations and rules. So as to participate in certain Site services or promotions, you may be advised by us that you're expected to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to these services or promotions where you decide to participate, these additional terms are hereby incorporated in these Terms. This website isn't designed for, and we don't have any intention of collecting personally identifiable information from, persons under the age of 18.
This Terms and Conditions of Service Agreement (this “ Term Agreement”) is entered into by and between Shoptez.com and you, and is made effective as of the date of your use of this site ("Website") or the date of electronic acceptance. This Term Agreement sets forth the conditions and general terms of your use of the Website and the services purchased or accessed through this Website (collectively or/and individually, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a dispute between the provisions of a Services Agreement and the provisions of this Term Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to Shoptez. The terms “you”, “your”, “User” or “customer” shall refer to any entity or individual who accepts this Agreement, uses the Services, or has access to your account. Nothing in this Agreement shall be considered or assumed to confer any third-party rights or benefits.
Shoptez may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements (Term Agreements) which are incorporated herein, at any time, and such modifications or changes shall be effective immediately upon posting to this Website. Your use of this Website or the Services after such modifications or changes have been made shall constitute your acceptance of this Term Agreement as last updated/revised. If you do not agree to be bound by this Term Agreement as last updated/revised, do not use (or continue to use) the Services or this Website. Also, Shoptez may occasionally notify you of changes or modifications to this Agreement by email. Therefore, it is mandatory that you keep your user account (“Account”) information updated with current credentials. Shoptez assumes no responsibility or liability for your failure to receive an email notification if such failure results from an inaccurate email address. Also, Shoptez may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. Shoptez RESERVES THE RIGHT TO CHANGE, MODIFY, OR DISCONTINUE ANY ASPECT OF THIS Website OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND CHARGES/FEES FOR THE SAME, AT ANY TIME.
This Website and the Services are available only to entities or individuals (“Users”) who can form legally binding contracts under applicable law. By using the Services or this Website, you represent and warrant that you are (i) at least 18(eighteen) years of age, (ii) otherwise recognized as being able to form legally necessary contracts under the applicable law/laws, or (iii) are not a person barred from purchasing or obtaining the Services found under the laws of the INDIA or other applicable jurisdiction.
If you are entering into this Term Agreement on behalf of a corporate body/entity, you represent and warrant that you possess the legal authority to bind such corporate entity to the terms and conditions contained in this Term Agreement, in which case the terms "you", "your", "customer","User" or "client" shall refer to such corporate body/entity. If, after your electronic acceptance of this Term Agreement, Shoptez finds that you do not possess/have the legal authority to bind such corporate entity, you will be personally liable/responsible for the obligations contained in this Term Agreement, including, but not limited to, the payment commitments. Shoptez shall not be liable for any loss or damage resulting from Shoptez's reliance on any instruction, document, notice, or communication reasonably believed by Shoptez to be authentic and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, document, notice, or communication, Shoptez holds the right (but undertakes no duty) to require additional authentication from you. You moreover agree to be bound by the terms of this Term Agreement for payment or other transactions entered into by you, anyone acting as your representative,agent, and anyone who uses your account or the Services, whether or not authorized/permitted by you.
To use the features of this Website or use the Services, you will have to create an Account (Shoptez Account). You represent and warrant to Shoptez that all information you submit when you create your Account (Shoptez Account) is accurate, current and complete, and that you will keep your Account (Shoptez Account) information accurate, current and complete. If Shoptez has reason to believe that your Account (Shoptez Account) information is untrue, inaccurate, out-of-date or incomplete, Shoptez reserves the right, in its sole and absolute discretion, to suspend or terminate your Account (Shoptez Account). You are solely responsible for the activity that occurs on your Account (Shoptez Account), whether authorized by you or not, and you must keep your Account (Shoptez Account) information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, Shoptez recommends changing your password and shopper PIN at least once every six (6) months for each Account (Shoptez Account). You must notify Shoptez immediately of any breach of security or unauthorized use of your Account (Shoptez Account). Shoptez will not be liable for any loss you incur due to any unauthorized use of your Account (Shoptez Account). You, however, may be liable for any loss Shoptez or others incur caused by your Account (Shoptez Account), whether caused by you, or by an authorized person, or by an unauthorized person.
You agree and acknowledge that:
Shoptez offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Shoptez provides you an assurance that we have robust mechanisms to ensure the transfer of Your Data,meets with compliance under applicable data privacy laws
For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the DPA, please send an email request to info@Shoptez.com.
Covered Services, as defined in this Section and in the DPA, include hosted services that are subject to the terms and conditions of the following Agreements: (1) Domain Name Registration, (2) Email Marketing Services, (3) Websites + Marketing, (4) Hosting, (5) Online Bookkeeping, (6) Online Store/Quick Shopping Cart, (7) Smartline and (8) Website Builder Services.
Some of the features of this Site or the Services, including those Services that are hosted with Shoptez, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Shoptez that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Shoptez to treat your User Submissions as confidential or secret, that Shoptez has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Shoptez may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Shoptez shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Shoptez to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Shoptez a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Shoptez's (and Shoptez's affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Shoptez may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Shoptez shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Shoptez's (or Shoptez's affiliates’) business(es). If you have a website or other content hosted by Shoptez, you shall retain all of your ownership or licensed rights in User Content.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.
Shoptez generally does not pre-screen User Content (whether posted to a website hosted by Shoptez or posted to this Site). However, Shoptez reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Shoptez may remove any item of User Content (whether posted to a website hosted by Shoptez or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Shoptez in its sole and absolute discretion), at any time and without prior notice. Shoptez may also terminate a User’s access to this Site or the Services found at this Site if Shoptez has reason to believe the User is a repeat offender. If Shoptez terminates your access to this Site or the Services found at this Site, Shoptez may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Shoptez reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Shoptez makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Shoptez , in any way, effective on the EOL date
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Shoptez, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Shoptez, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Shoptez ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Shoptez, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless Shoptez and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, costs, expenses, demands, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Shoptez directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Shoptez makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
You understand and agree that we(Shoptez ) reserves the right to discontinue the contractual relationship with no notice period if events allow the assumption that the Shoptez user has deliberately or intentionally or negligently or under any kind of influences committed "illicit activities" or has breached other obligations of these terms. Such a breach and/or non-compliance can also result in further criminal and civil consequences for the Shoptez user. Any fees or charges or payments paid in advance shall not be reimbursed in this case and is not covered under the refund policy. The Shoptez user shall be allowed to any kind of demonstrate that non-reimbursement is "unreasonable" in its case.
You expressly agree that: (i) Shoptez (or its service provider) may contact you by phone in order to resolve your complaint or dispute, or your current service or billing issue; and (ii) in order to resolve such complaint, dispute or issue, Shoptez may use and may disclose to its service provider the following information: call recordings, customer name, phone number(s) and contact preferences, tenure of your relationship with Shoptez , products used, and information about the nature of your complaint, dispute, or service issue.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
support@shoptez.com
Shoptez is a web appliction software which helps users to create online stores/ecommerce websites easily by their own