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These Terms and Conditions are issued by and for the benefit of Storax Inc., its affiliates, agents and representatives (“ShopGo”).
Each individual, company and/or and its agents and representatives (“Customer”, “Customers”) hereby agrees to be bound by the following terms and conditions “Terms of Service”.
If Customer access the Website for any reason, or use or attempts to use any services, features or tools (“Services”) offered on the Website, or open an account on the Website of with ShopGo (“Account”).
Any new Services which are added to the current service offering shall also be subject to the Terms of Service.
ShopGo reserves the right to update and change the Terms of Service by posting updates and changes to the terms set out on the Website.
Customers are advised to check the Terms of Service from time to time for any updates or changes that may impact Customer.
1. Account Use
1.1 Customer will at all times:
1.1.1 be solely responsible for the activity that occurs on Customer Account;
1.1.2 keep the Customer Account password secure;
1.1.3 notify ShopGo immediately of any breach of security or unauthorized use of Customer Account;
1.1.4 be liable for the losses of ShopGo or any third party relating to any such unauthorized use;
1.1.5 be liable for all activities that are undertaken using the Account;
1.1.6 not sell, license, or otherwise transfer control of the Account, except by operation of law;
1.1.7 only open one Account, which shall mean only one Account per company, corporate group, household, IP address, email address and/or phone number;
1.1.8 be responsible for all activity and content (data, graphics, photos, and links) that is uploaded under Customer Account.
1.2 Customer hereby warrant, represent and covenant that Customer will:
1.2.1 not at any time use or access any third party's Account; and
1.2.2 only provide to ShopGo true, accurate and complete information.
1.3 A breach or violation of any of the Account Terms as determined in the sole discretion of ShopGo will result in an immediate termination of services for Customer.
1.4 ShopGo may at any time terminate Customer Account, for any reason or no reason, with or without notice.
2. Customer Support
2.1 Customers are only entitled to the full access to ShopGo’s customer support and services once the full payment of package is complete.
2.2 Technical support is only provided to paying account holders and is only available via email. save for calls conducted via Skype or similar providers as set out under 2.4, ShopGo does not provide any other phone support.
2.3 ShopGo offers free technical support for all packages.
2.4 Customer Support includes On Boarding and Growth service.
2.4.1 On Boarding is the first stage after the Customer subscribes to the ShopGo service. A Customer Success Specialist is assigned for the Customer’s store. A series of structured follow ups (usually conducted via Skype or similar providers) are provided to ensure the store is being prepared efficiently and is ready to go live on the world wide web.
2.5 Growth is the following stage, the Customer Account is updated upon the launch of the store publically. During this stage, a Growth Customer Success Specialist is assigned for the Customer’s account ensuring the store is following MENA region and international best practices to start selling online efficiently at first, then grow the sales. Growth stage is also conducted via Skype or similar providers.
2.6 If a customer would like to get more On boarding and Growth service, they can always upgrade to a higher package. On Boarding and Growth vary based on the package chosen and are not available on the Basic Package.
3. Conditions of Use and Compliance
3.1 Customer’s use of the Website and Services is at Customer’s sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
3.2 ShopGo reserves the right to refuse access to Services or the Website to anyone in the event that products or services sold are illegal or any aspect of the business conduct is a violation of the law and thus possess threat to ShopGo.
3.3 Customer may not at any time:
3.3.1 use the Website, Customer Account or any Services for any illegal or unauthorized purpose nor may Customer, in the use of the Service, violate any laws in Customer’s jurisdiction (including but not limited to copyright laws)
3.3.2 transmit any worms or viruses or any code of a destructive nature.; or
3.3.3 engage in verbal or written abuse of any kind (including threats of abuse or retribution) of any ShopGo customer, ShopGo employee, member, or officer
3.4 Any breach of these Terms and Conditions by Customer may result in cessation of services, blocking of access to the Website and/or closure of Account.
3.5 ShopGo may, but has no obligation to, remove content and Accounts containing content that ShopGo determines on its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4.1 Customer expressly understand and agree that ShopGo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.
4.2 In no event shall ShopGo or its suppliers or licensors be liable to Customer or any third party under any contract, tort, strict liability, negligence or under legal or equitable theory for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from Customer use of the Website and any of the Services, even if ShopGo has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ShopGo's liability for any cause whatsoever and regardless of the form of the action, will at all times be limited to amount actually paid, if any, by Customer to ShopGo for the Services during the term of the Account.
4.3 ShopGo does not warrant or represent that:
4.3.1 the results that may be obtained from the use of the Services will be accurate or reliable;
4.3.2 the Services will be uninterrupted, timely, secure, or error-free.
5. Intellectual Property
5.1 The material on the Website, including but not limited to all content, the Website design, text, graphics, copyright, design rights, patents, inventions, know-how, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing, (the “Content”) is owned and controlled by ShopGo or its licensors.
5.2 Customer shall not at any time:
5.2.1 alter or modify any Content or any part of the Website;
5.2.2 reproduce, duplicate, copy, sell, resell or exploit any Content or any portion of the Website, use of the Service, or access to the Account without the express written permission by ShopGo.
5.3 ShopGo does not claim any intellectual property rights over the material the Customer provide to ShopGo. However, for the avoidance of doubt By uploading Store Content, Customer hereby:
5.3.1 license to ShopGo all rights to review, use, display, and store such materials, works, and intellectual property rights as may be required to perform the Services; and
5.3.2 agree to allow others to view Customer’s content.
6.1 Customer may establish the appearance of Customer’s ShopGo store with a Theme from ShopGo’s Themes.
6.2 Customer may modify the Theme to suit Customer’s store. ShopGo may add or modify the footer that refers to ShopGo.
6.3 Custom layouts are not included in ShopGo packages.
7. Cancellation and Termination
7.1 Customer must notify ShopGo of its intent to terminate prepaid Services at least 60px calendar days before the billing renewal date. If notice is not received before such date, such Services will automatically renew for the subsequent renewal period.
7.2 ShopGo will cease providing Customer with the Services and Customer will no longer be able to access Customer’s Account; Customer’s store website will be taken offline.
7.3 ShopGo doesn’t offer refund on cancellation.<
7.4 Customer may cancel Customer’s account at any time by emailing email@example.com.
7.5 Customer may downgrade the plan at any time. However the downgrade becomes effective at the end of the billing cycle.
8. Payment terms
8.1 Billing Policies and Cycles. The billing cycle begins on the day the customer makes the payment (the "Payment Date") and is due on that day each year/quarter, and renewed automatically.
8.2 Payment. A valid credit card is required for accounts to process payment. ShopGo will automatically charge Customer's credit card on file based on Customer's billing cycle shown in the invoice, which is either yearly or quarterly, until Customer validly terminates the Services. Fees for prepaid Services are based on Services purchased, regardless of actual usage and payments made for such Services are NON-REFUNDABLE. SHOPGO DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL DAYS, MONTHS OR YEARS AND DOES NOT PROVIDE REFUNDS TO CUSTOMERS WHO DO NOT USE THEIR ACCOUNTS OR LOG IN.
9.1 ShopGo will not disclose Customer’s confidential information to third parties, except as required in the course of providing Services.
9.2 Confidential information that includes any material or information provided by Customer to us that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time ShopGo received it; (b) comes into the public domain after we received it through no fault of ShopGo’s; (c) ShopGo received from someone other than Customer without breach of our or their confidentiality obligations; or (d) ShopGo is required by law to disclose.
10. Catalog Upload Service
10.1 Description of Service: Catalog Upload Service includes content upload and store setup.
10.2 This service includes:
10.2.1 Catalog import which is creating or importing categories and products
10.2.2 Basic pages such as About Us, Terms and Conditions, Return policy and Contact Us pages
10.2.3 Configuring payment and shipping
10.3 Terms and Conditions for Catalog Upload Service
10.3.1 This is a one time service and is only available during On Boarding or Migration based on the package.
10.3.2 This service cannot be broken down for example Uploading 250 SKUs of products now and 250 SKUs later
10.3.3 Customer must supply all material and information required by ShopGo to complete the import and store setup in accordance with the agreed specifications. Such material may include, but are not limited to the following:
10.3.3.1 Product information - Excel sheet/CSV file containing the following:
10.3.3.1.1 Type (simple and configurable)
10.3.3.1.3 Description - Short and detailed
10.3.3.1.4 SKU (Min. 250, Max. 2500)
10.3.3.1.6 Color (up to 6 attributes of 50 values or less each)
10.3.3.1.7 Price (in Base Currency only)
10.3.3.1.8 Images as per specifications
10.3.3.1.10 Categories (Max. 50)
10.3.3.1.11 Custom options (no import for custom options)
10.3.3.1.12 Linking images to products SKUs
10.3.3.2 Store information
10.3.3.2.2 Banners as per specifications
10.3.3.2.3 Content for the pages: About Us, Terms and Conditions, Return policy and Contact Us
10.3.4 Where there is any delay in supplying the above to ShopGo, leading to a delay in the completion of work, ShopGo has the right to extend any previously agreed deadlines accordingly.
10.3.5 ShopGo is pleased to offer Customer the opportunity to make revisions to the imported results. However, revisions are limited to a maximum of two times and ShopGo will charge for additional revisions if Customer makes a change to the original specification. Any major deviation from the specification will be charged at the rate of $100.00 per hour.
10.3.5 Data verification is not ShopGo responsibility. Customer has to make sure the data in the excel/CSV file is correct, otherwise fixing it can be done by Customer from the backend.
10.3.6 The Customer warrants to ShopGo that the Data will not infringe the Intellectual Property Rights of any person, and will not breach the provisions of any law, statute or regulation in any jurisdiction and under any applicable law.
11.1 This Agreement will be governed by and construed in accordance with the laws of The British Virgin Islands without regard to conflict of laws provisions, the actual state or county of execution or loss or any different state laws that may govern these Terms.
11.2 The courts of the British Virgin Islands shall have exclusive jurisdiction of any dispute arising in relation to these Terms however arising.
11.3 Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney's' fees. In the event of any controversy or dispute between Storax Inc (ShopGo) and Customer arising out of or in connection with Customer’s use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
11.4 These Terms constitute the entire agreement between Customer and Storax Inc. regarding the use of the Website and/or any of the Services. The failure of Storax Inc (ShopGo) to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
11.5 All rights not expressly granted to Customer in these Terms are reserved to Storax Inc (ShopGo) and/or its licensors. This Agreement is not assignable or transferable or sub-licensable by Customer except with Storax Inc (ShopGo) 's prior written consent. Storax Inc (ShopGo) may transfer, assign or delegate these Terms and its rights and obligations without consent. The section titles in these Terms are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms.
11.6 Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available worldwide.
11.7 Storax inc. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
11.8 Any offer for any feature, product or service made on ShopGo.me is void where prohibited. If Customer chooses to access the Website from outside the United States, Customer does so on Customer’s own initiative and Customer is solely responsible for complying with applicable local law.
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