“Action Tracked” means a unit of measurement for usage of the Service. This occurs when an individual and/or Subscriber and/or customers of the Subscriber uses, executes or otherwise accesses the Service (such as via email), and processes the Service.
“Application” shall mean the Do it Yourself (“DIY”) mobile application [including but not limited to, for business of ecommerce, restaurants, etc.] and any version of it being made available for purchase on the website or through any of Company’s partner platform. The terms product, software, and app, shall refer to the application. The user templates / layouts made available through the application shall be deemed to be a part of the application itself.
“Confidential Information” shall mean all written or oral information, proprietary to the us, including, source code, object code, customer lists, employee lists / policies, samples, models, data, designs, programs, drawings, tools, concepts, formulae, algorithms, processes, technical specifications, synchronization interfaces, material prepared or provided by us including derivative works. All data, information, material by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential.
“Content” shall mean any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes message boards, text messages, push notifications & in-app messages, chat(s), and other original content.
“Customer” shall mean you or Subscribers, who have availed the subscription on the Site. “Customer Data” means the data collected from or uploaded by the user or concerning the characteristics and activities of individuals for the Application, on the site.
“Documentation” means any accompanying documentation made available to you by us for use with the Service. “Marketing Content” means the text of any push notifications, or any other information or content that is provided by you to us to distribute to your customers through the Service.
“Platform” means a Service(s) provided by us to the Subscribers for building the Application and managing the Application, with related services.
“Service(s)” or “Product” means services (including but not limited to the Application) provided by us to the Subscribers through the Site.
“Site” means accessing the Services and various related services, through Website and/or App. “Subscriber(s)” shall mean you or the user(s) who have purchased the subscription for receiving the Services. “You” or “Your” shall mean and include any user, Customer, Subscriber or Customers of the Subscribers.
Shoppex is a DIY Mobile App Development Platform and we make various services available on this Site including, but not limited to, DIY Mobile App Development Platform, Software as a Service (SaaS) product, which allows you and/or businesses create, develop and manage your own mobile Apps on both Android and iOS Mobile Phone Platforms operated by Apple App Store or Google’s Play Store, respectively (collectively referred to as “App Store Sourced Application”). In the event, user does not have the developer account on App Store Sourced Application, upon request and Services procured, we shall on behalf of the user upload the Apps on the our developer accounts on App Store Sourced Application. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We enable you to create software(s) by selecting software modules, designs, templates and layouts, from the pre-existing sets available, which can then be distributed by you to the public from any medium of your choice. We provide users with APK, IPA outputs through the Application. However, your use of the Site and the Services therein shall act as a representation and warranty from you to the Company about the compliance with reasonable practices followed in the use of such created mobile Applications.
The use of the Service requires the user to subscribe to an internet connection with proper hardware which costs are independent from the Shoppex Service. Besides, in order to build an Application with Shoppex, the User may have to open at his own expense an account with an App Store Sourced Application and subscribe to the developer account. Upon request, we may provide provide any such training to the user for using the tools. However, the user is required to have a minimum of technical skills.
In order to access some of the services on this Site, you will be required to create an account by providing your email, account password, account holders name, contact number, date of birth or any other such information as required by the Company for the user to become a member of the Site (“Member”), by completing our online registration form, which requests certain personally identifiable information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. By becoming a Member, you represent and warrant that you are the Subscriber (or an authorized employee or agent) of the Services and any activity performed through your account is performed by you. In the case that you provide us with false and inaccurate details or we have reasons to believe you have done so, we hold the rights to permanently suspend your account.
Post registering for our Services and publishing the App created on the Site, the following shall apply to any Application accessed through or downloaded from the Apple App Store or Google’s Play Store (collectively referred to as “App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and Company only, and not with the App Store Sourced Application, and (ii) Company is not responsible for the download of the App from the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services and/or App Store Sourced Application terms and conditions. You acknowledge that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
You and Company acknowledge that, as between Company and App Store Sourced Application provider, Apple and/or Google is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
In the event, user Application is uploaded on the App Store Sourced Application through the Company’s developer account, any breach from the user would result in the suspension of the Company account on the App Store Sourced Application. Upon occurrence of such an event, user shall take the complete responsibility of restoring the damage caused to the Company and its customer, and shall indemnify Company for any direct or indirect damages Caused by the Company. However, Company takes no such responsibility, for suspension or removal (whether or not due to any breach or infringement) of the user Application listed on the Company’s account of App Store Sourced Application.
Company does not knowingly allow such persons to register for the Services and/or collect or solicit personal information from anyone who is a minor or incompetent to enter in to a contract. If you are a minor or incompetent to enter into a contract, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a minor without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a minor, please contact us at firstname.lastname@example.org
You represent and warrant to the Company that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law from accessing or using the Services; (ii) all Registration Data information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or Content or otherwise using any communications service, software library, push notifications and in-app messages or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, make available any unsolicited or unauthorized email or SMS messages or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
You agree that we may at any time, and at our sole discretion, terminate your Membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. It shall be your responsibility to back up any Content stored or accessed by you through the Services, on your own computer or other device. We do not guarantee or warrant that any Content that you may store or access through the Services will not be subject to inadvertent damage, corruption or loss. You acknowledge and agree that we may be required to access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
(a) comply with legal process or request.
(c) detect, prevent or otherwise address security, fraud or technical issues; or
(d) protect the rights and property or safety of our users or third parties as required or permitted by law.
You agree not to sell, , reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site. Unless specifically approved by the Company, no user of the Site is authorized to resell the services provided by the Company.
You shall implement security procedures necessary to limit access to the Services to the your authorized Users (User means Subscribers account manager for the use of the Services and excludes end-users who will be using the Services or approached through the Services).
You shall maintain a procedure external to the Shoppex Services for reconstruction of lost or altered files, data or programs. And it will be your responsibility for establishing designated points of contact to interface with the Services.
Unless earlier terminated as provided in the Agreement, if you have executed any agreement with us and the same is currently in effect:
(i) then the agreement continues for the duration identified in the such agreement (the “Initial Term”); (ii) unless the agreement expressly provides otherwise, at the end of the Initial Term, the Agreement will renew for consecutive one (1) year periods (each a “Renewal Term”), unless mutually agreed by the parties, and/or either party provides the other with written notice of its intent not to renew at least thirty (30) days prior to the end of the Initial Term or the then current Renewal Term; and,
(iv) the Initial Term and any Renewal Terms are referred to as the “Term.”
If you have not executed any such agreement with us, then this Agreement continues so long as you use or have the right to use the Services (and the term “Term” refers to such period of time).
No fees shall be charged to you for browsing the Website. However, in order to use the Product and Services herein, you shall be required to pay the charges associated with the relevant Product and Service. Further, we reserve the right to amend the fee policy for the services rendered.
Price increases. General price increases will not affect you during the term of the agreement (other than this Agreement) executed with us. We will charge or invoice you under the new price structure at the beginning of each Renewal Term. Payment made on the Website or any associated partner platform.
You shall be required to make the Payment before availing the Services on the Website or any such associated partner platform. In the event of any breach of the payment cycle, We shall have the right to block your access to your accounts / refrain from making available to you, the Application and its services, as deemed appropriate by us. Further, to use our services, you must have a valid credit card or any other payment instrument accepted on the Website. The charges collected from you shall be inclusive of all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Website.
Shoppex reserves the right to modify pricing at any time and the same shall be communicated to the user by a E-mail or an online warning on the Website. The pricing modifications apply on all and every ongoing contracts.
Shoppex reserves the right to apply, without notice, any new applicable tax or tax raise by the regulatory authorise. Shoppex Service are payable at the order, in advance. The User has the responsibility of all payments related to the Contract. Except otherwise mutually agreed between you and us, for a delayed payment, lack of payment or belated payment will entail without prior notice:
2. the suspension and/or termination of all ongoing Service;
3. the impossibility to subscribe again or renew the subscription to the Service;
Payment against invoice.
We or our partner platform shall invoice you at the beginning of the Initial Term and at the beginning of each subsequent Renewal Term, depending on where the payment is made by you. All quoted fees in the quotation provided to you, shall be payable in advance and are exclusive of taxes, which we will charge or invoice as applicable, and you agree to pay any such taxes applicable to your use of the Service. All amounts invoiced are due and payable within thirty (15) days from the date of the invoice. Payment instructions shall be as set out on our invoice issued to you. Unless otherwise stated, all fees are quoted in and must be paid within 15 days from receipt of invoice. Late payments will bear interest at 1.5% per month or the maximum rate permitted by law, whichever is less, calculated from the date such amount was due until the date that payment is received. In addition, we shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from you for our costs of collection, including attorney fees, legal fees and costs and disbursements.
Amount received by us from the subscriber towards the Services, shall not be refunded to the Subscriber by the Company. Users are to note that no refund shall be provided by the Company, if any delays occur due to the cases outside the control of the Company, including but not limited to national holidays, department holidays, delays on the part of our affiliates or elsewhere, acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, power disruption, lack of phone network connectivity, technical failures, hacking, piracy, etc.
Upon cancellation of the subscription by Subscriber, any further charges shall not be levied on the Subscriber and no refunds shall be provided to the Subscribers.
For the user making payments against invoice, users shall be responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 15th of every month, and you cancel on the 20th, you’ll still have to pay for the current month, but you won’t be charged again after that.
If we receive a chargeback or payment dispute from a credit card company or bank, Services provided to you and your Membership account shall be suspended immediately, without notice. A chargeback fee (issued to recover fees passed on to us by the credit company or bank), plus any outstanding balances accrued as a result of the chargeback(s) must be paid by you in full before the Service are restored and/or files are delivered and/or any further work is done towards your Membership account. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a dispute for a valid charge from us is fraud, and is not an appropriate means of obtaining a refund. Users are requested to read and make sure that you fully understand our refund policy prior to making a payment.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
You acknowledge that all User Content, whether publicly posted or privately transmitted, or distributed by you is your sole responsibility. This means that you are entirely responsible for all User Content that you post or otherwise transmit or distribute via the Service. You understand that by using the Service, you may be exposed to User Content posted, transmitted or distributed by others that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise distributed via the Service.
You warrant, represent and agree not to engage in any conduct which, in the Company’s sole discretion, is considered inappropriate, unauthorized or objectionable. Such conduct includes, but is not limited to, posting, transmitting, distributing or otherwise making available, through or in connection with the Service the following:
(a)anything that is or may be
(i) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
(ii) defamatory; libelous or invasive of another’s privacy;
(iii) fraudulent or tortious;
(iv) vulgar, obscene, indecent, sexually explicit, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully harassing, or indecently representing women within the ambit of the Indecent Representation of Women (Prohibition) Act, 1986 or otherwise objectionable; or
(v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior written consent of the owner of such right.
(b) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
(c) any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
(d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise)
(e) any direct or indirect, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
(f) any violation of code of conduct or other guidelines, which may be applicable for or to any particular Service
(g) any violation of the applicable laws or regulations for the time being in force within or outside India;
(g) any disruption or interference with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites
(h) sending of any unsolicited mail (“spam”) or any other big scale mailing breaking the law, thorugh the Application;
(i) sending or hosting illegal Data (osbscene, pornographic, threatening, defamatory, or that may target and be harmful to minors or to private life);
(j) sending or hosting counterfeiting content, files and even hypertext links enabling to download protected creation on any form it may be, without the authorization of the owner of right or his or her beneficiary ;
(j) sending or hosting data containing virus, computer worms, Trojans or any malevolent software;
(k) interfering or impeding the integrity or the functioning of the Service or the data related to;
(k) trying to obtain a non authorized access to the Service or at the related systems and networks.
(h) You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and the Application is not permitted.
In order to permit us to protect the quality of our Products and Services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service.
Users acknowledge that:
– Certain Service’s commercial offers may propose better integration capabilities via an application interface programming (API). The number of API push the User might execute may be limited.
– All applications created with one subscription may not make more than a combined total of 150 000 requests per day to the Shoppex APIs.
– We have no obligation, to monitor the materials posted on the Website or the Application, as modified by the users.
– You shall be solely responsible for the Content of the materials you post on the Website and in the Application.
– Company shall not be responsible for the content provided in the Application via an API integration with the partner platform or any such platform thereof.
Copyright (c) Shoppex Private Limited. All Rights Reserved.
The Service(s), actions tracked and all intellectual property rights in the Service are, and will remain our property. All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by us and our licensors.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Except for the rights granted to you, we do not claim ownership and responsibility of the materials and/or content submitted or made available by you via the Shoppex App Service. However, by submitting or posting such content through the Service that are accessible by the public, you grant us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content on the Service solely for the purpose for which such content was submitted or made available and you consent to the use of the content by us and our related entities to any such use which would, but for your consent, infringe your moral rights. By submitting or posting such content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it. You understand and agree to the fact that in order for us to provide the Services and make your Content available thereon, your Content may be transmitted across various public networks, in various media, and modify or change your content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits us to take any such actions.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately
Designated Agent for Claimed Infringement:
Contact: Shoppex Legal Support
Address: 17 Gateside Road, London, SW17 7NB
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the concerned authorities under the applicable laws.
You shall not share any Confidential Information provided by us to you with any third party under any circumstances. You undertake that you shall disclose information on need basis and only as required for undertaking Services as per this Agreement. We agree not to disclose the same to any third party and to keep the same secret and confidential. The Confidential Information excludes information that:
(i) was or becomes publicly known through no fault of the receiving party;
(ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party;
(iii) is independently developed by the receiving party without the participation of individuals who have had access to the Confidential Information;
(iv) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; and
(v) the receiving party is legally compelled to disclose; provided, however, that prior to any such compelled disclosure, the receiving party will
(a) assert the privileged and confidential nature of the Confidential Information against the third party seeking disclosure and
(b) cooperate fully with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information, but only as, and to the extent, necessary to legally comply with such compelled disclosure.
We shall undertake all reasonable efforts to protect your confidential information and will ensure that no third party can access the same, except our authorized personnel for carrying out maintenance work.
Upon expiry or early termination of this Agreement, We shall destroy all confidential information provided by you, forthwith.
Data Protection And Security:
We shall deploy several methods to prevent unauthorized content viewing, copying, accessing and remains committed to Subscriber security and confidentiality. We agree to protect the Subscriber’s confidential information and will not disclose such confidential information to third parties without prior written consent. This obligation shall survive the termination or expiration of this Agreement for a period of three (1) years from the date of such termination or expiration. This covers all material breaches including but not limited to preventing unauthorized access to Platform, making an attempt to copy screens, workflow, system, report, inference, algorithms, concepts, Subscriber content in any form and Subscriber core business processes implemented on platform.
We shall ensure that all data, content and user information provided from you through Subscription to the Services on the Website remains your proprietary information. We shall not for purposes of billing or reference, access any information of the end users or in any way share them with third party.
During the Term of this Agreement and for a period of one (1) years thereafter, we and you agree to maintain all Confidential Information in confidence to the same extent that it protects its own similar Confidential Information, but in no event using less than reasonable care, and to use such Confidential Information only as permitted under this Agreement. We and you agree to only disclose the Confidential Information to the employees: (a) with a need to know to further permitted uses of such information; and (b) consultants, advisors, agents, vendors, etc. who are informed of the nondisclosure/ non-use obligations imposed by under this provision.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES, APPLICATION AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, APPLICATION AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, APPLICATION OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE OR ANY AMOUNT OF DAMAGES IN EXCESS OF THE FEES PAID OR PAYABLE BY YOU IN THE ONE (1) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
You acknowledge that the fees, exclusions, disclaimers and limitations of liability set forth in this Agreement are essential components of this Agreement and formed the basis for determining the price charged for the Service, and that We would not enter into this Agreement without these limitations on its liability. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You are solely responsible for the content of communications transmitted using the Services, and shall defend, indemnify and hold us harmless from and against all liabilities and costs (including reasonable attorneys’ fees) incurred by us, arising from out of or relating to
(a) your breach of any term or condition of this Agreement,
(b) your use or misuse of the Service, (c) your violations of applicable laws,
rules or regulations in connection with your use of the Service, including without limitation, privacy laws; or
(d) the Marketing Content or the use thereof by us to provide the Service to you.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions or misuse of your account resulting by any third party that occurs through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. By creating an account, you represent and warrant that you are the legal owner (or an authorized employee) of the Application and/or email platform with which the Shoppex Apps Service will be used through your account.
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may provide features such as email, messaging, push notifications, in-app messages, blogging, or chat services (collectively, “Communications”) to the users in the Application, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Neither will you nor will you allow any third party to use the Communications service to:
(i) send or store any unlawful, infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights;
(ii) send any unsolicited commercial or non-commercial communication;
(iii) send any messages to recipients obtained through the purchase list, or opt-out email append methodology;
(iv) interfere with or disrupt the Communications service or other’s use of it;
(v) use deceptive, misleading or unethical practices that are or might be detrimental to us; or
(vi) give, sell, lease, license, rent or allow others to use the Communications service.
You will use the Communications service to interact or engage with only those recipients:
(i) who have given you permission to send them such messages; or
(ii) whose messages are in accordance with the applicable laws of such country.
We may, in our sole discretion, refuse your access to Communications Service, if:
(1) the message content that we reasonably believes violates the agreement or is defamatory, infringing, or otherwise unlawful, or casts us in an unfavorable light; or,
(2) email to any recipient that we reasonably believe has not granted permission to you to send such message. All recipient addresses are supplied solely by you or your customers and we have no obligation and hereby disclaim any obligation to supply any message recipient list other than to process unsubscribe and opt-out requests submitted to us via the Communications Service. You are solely responsible for the creation, initiation and sending of messages via the Communications Service, including, but not limited to, the content, recipients, and timing of such messages.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations shall do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We may (at our discretion) terminate this Agreement if you fail to correct any breach of any Terms of this Agreement, upon providing 7 days of written notice, within fifteen (15) days after receipt of written notice. This right shall be mutatis mutandis applicable to the Subscriber. If we have reasonable grounds to believe that you are utilizing the Services for any illegal or disruptive purposes, we may immediately suspend the Services (at our discretion) without any prior notice to you, provided you do not cease such activities.
Upon termination or expiration of the Agreement you will cease all access and use of the Services. In the event this Agreement is terminated (or your right to use the Services is suspended or terminated) (i) you will not be entitled to any refunds of any fees,
(ii) any outstanding balance for Service rendered through the date of termination, and any other unpaid payment obligations for the remainder of your subscription term will be immediately due and payable in full (unless termination is due to a problem with the functioning of Service or a breach of contract by us),
(iii) all of your historical report data will no longer be available to you unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination, and
(iv) you will, within a reasonable period of time (but no more than forty five (45 days) remove all of the Tracking Code from any equipment from where the Services were used. The sections, by virtue of which are required to survive any expiration or termination of these Terms shall survive.
This site (excluding any linked sites) is controlled by us from our offices within the United Kingdom. It can be accessed from all the countries around the world. As each of these places has laws that may differ from those of United Kingdom, by accessing this site both of us agree that the statutes and laws of the United Kingdom, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site, where required and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the United Kingdom with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Except as explicitly noted on this site, the Services available through this Site are offered by the Company located in United Kingdom. Shoppex makes available to the users a technical support that can be accessed from its Membership account. To be duly taken into account, the User is informed that any assistance request must be made in writing to firstname.lastname@example.org.
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