TERMS AND CONDITIONS
1. Services and these Terms and Conditions
2.2. You must provide the full shop-name and a valid email address of the Account Owner in order to complete the signup process and open your GETSHOPIN account (the Account). At all times when you provide GETSHOPIN with any data or information, you must provide with accurate and complete information as requested.
2.3. In the event of any doubts regarding the Account ownership and/or identity of the Account Owner or its representative, GETSHOPIN reserves the right to request documentation to determine or confirm the Account ownership and/or the identity of the Account Owner or its representative.
2.4. It is your responsibility to keep safely the passwords and other data and devices needed to log-in to your Account. GETSHOPIN cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account or password.
2.5. The Account Owner is responsible for the Account Owner’s Business and any Content posted or made otherwise available through its Account. However, if you ever notice any compromise or unauthorized use of your Account, please contact us immediately.
3. Use of Account and Services
3.1. You may not use the Account and/or the Services for any illegal or unauthorized purpose nor may you, in the use of the Account and/or the Services, violate any applicable laws. When using the Account and the Services the Account Owner must ensure that:
(a) the Account Owner’s Business and/or the use of the Account and/or the Services does not (i) violate or infringe upon any copyright, trademark, other property and/or non-property rights of others and/or applicable laws; (ii) create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person;
(b) the Content does not (i) contain any illegal information or content or any content that may be deemed to be abusive, violent, harmful, harassing, racially, ethnically, sexually or otherwise offensive, infringing privacy of others or defamatory; or (ii) contain any virus, malware or otherwise create a risk of any loss or damage to any property (including computer systems, devices, and other hardware) of GETSHOPIN or any other persons.
3.2. The Account Owner must also ensure that he/she/it will not:
(a) attempt to probe, scan, or test the vulnerability of any system or network used by GETSHOPIN or breach any security or authentication measures, or attempt to decipher, decompile, disassemble or reverse engineer any of the software, databases used to provide the Services or any other part of the Services;
(b) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GETSHOPIN or any of our providers or any other third party to protect the Services;
3.3. GETSHOPIN reserves the right to refuse provision of the Services to anyone for any reason at any time.
3.4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that GETSHOPIN employees and contractors may also be GETSHOPIN customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
4.1. GETSHOPIN offers different types of GETSHOPIN accounts. For more information please refer here. Use of the software comprising the Services, especially the open-source software, is free of charge. In cases of payable accounts, the Services other than the right to use the software (e.g. hosting services, the right to use modifications created by GETSHOPIN) are subject to fees determined by GETSHOPIN and indicated in the Website.
4.2. If you sign up for a payable account, the Services will be billed and paid in advance. No later than five (5) days before the end of the billing period the Account Owner will be informed via the email provided and/or on the Account page of the Account Owner. The payment must be made in advance before the start of the new billing period. In the event of failure to make a timely payment, the payable Account will be automatically converted to a free account and functionalities of the Account will be limited accordingly. Upon payment, the Account Owner will be provided an invoice via the email provided and/or on the Account page of the Account Owner.
4.3. Prices for the Services are subject to change upon a prior notice from GETSHOPIN. Such notice may be provided at any time by posting the changes to the Website.
4.4. All payments are made through third party services. GETSHOPIN is not responsible for any payment process.
4.5. GETSHOPIN does not provide refunds.
5. Intellectual property. Confidentiality
5.2. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GETSHOPIN trademarks and/or variations or misspellings thereof.
5.3. We will not disclose your confidential information to third parties, except as required in the course of providing the Services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
6. Third party links and services
6.1. The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GETSHOPIN. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Website, you do so at your own risk and you agree that GETSHOPIN will have no liability arising from your use of or access to any third-party website, service, or content.
7.2. Although GETSHOPIN will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of GETSHOPIN or others due to such unauthorized use.
8. Limitation of liability. Disclaimers
8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GETSHOPIN 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 (OR ANY PART OF THEM). IN NO EVENT SHALL AGGREGATE LIABILITY OF GETSHOPIN EXCEED THE AMOUNT OF THE MONTHLY FEE PAYABLE BY THE ACCOUNT OWNER AT THE TIME THE DAMAGES OCCURED.
8.2. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GETSHOPIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GETSHOPIN DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. GETSHOPIN DOES NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
8.3. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GETSHOPIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (A) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICES, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
8.4. GETSHOPIN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES AND WILL NOT BE LIABLE FOR ANY SOFTWARE, PRODUCTS OR SERVICES THE ACCOUNT OWNER RECEIVES FROM THIRD PARTIES.
8.5. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES OR THE WEBSITE.
9. Closing of Account. Termination
9.1. The Account Owner may close its Account at any time by contacting us.
9.2. If at any time GETSHOPIN becomes aware of the facts or circumstances or has a ground to believe (at its sole and absolute discretion) that any use of the Account and/or the Services and/or the Account Owner’s Business and/or Content violates or infringes or might violate or infringe upon any property and/or non-property rights of others and/or applicable laws, GETSHOPIN shall have the right to immediately without any prior notification of the Account Owner, temporarily block or permanently close the Account which was used in relation to such activities. GETSHOPIN also has the right to provide any competent authority or any other third party having the right to such information, with the name and other details of such Account Owner.
9.3. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
10.3. GETSHOPIN reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
10.4. GETSHOPIN shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
11. Governing Law and Jurisdiction
12. Other Terms