Terms & conditions
By signing up for a yourstore Account (as defined in Section 1) or by using any yourstore
Services (as defined below), you are agreeing to be bound by the following terms and
conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “Estore Mastery Systems Pvt Ltd” and
“yourstore” means the applicable yourstore Contracting Party (as defined in Section 4
below).
The services offered by yourstore under the Terms of Service include
various products and
services to help you sell goods and services to buyers, whether online (“Online Services”),
in person (“POS Services”), or both. Any such services offered by yourstore are referred to
in these Terms of Services as the “Services”. Any new features or tools which are added to
the current Services shall be also subject to the Terms of Service. yourstore reserves the
right to update and change the Terms of Service by posting updates and changes to the
yourstore website. You are advised to check the Terms of Service from time to time for any
updates or changes that may impact you, and if you do not accept such amendments, you must
cease using the Services.
You must read, agree with and accept all of the terms and conditions
contained or expressly
referenced in these Terms of Service, including yourstore’s Privacy Policy and Fair Use
Policy (“FUP”), before you may sign up for a yourstore Account or use any yourstore Service.
By using yourstore or any yourstore services, you are agreeing to these
terms. Be sure to
occasionally check back for updates.
1. Account Terms
- To access and use the Services, you must register for a yourstore account (“Account”) by
providing your full legal name, current address, phone number, a valid email address,
and any other information indicated as required. yourstore may reject your application
for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the
jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by yourstore for the purposes
of carrying on a business activity and not for any personal, household or family
purpose.
- You acknowledge that yourstore will use the email address you provide on opening an
Account or as updated by you from time to time as the primary method for communication
with you.
- You are responsible for keeping your password secure. yourstore cannot and will not be
liable for any loss or damage from your failure to maintain the security of your Account
and password.
- You are responsible for all activity and content such as photos, images, videos,
graphics, written content, audio files, code, information, or data uploaded, collected,
generated, stored, displayed, distributed, transmitted or exhibited on or in connection
with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the FUP, as
determined in the sole discretion of yourstore may result in an immediate termination of
your Services.
SUMMARY
You are responsible for your Account and any Materials you upload to the
yourstore Service.
Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 Store Owner
- Subject to section 2.1(2), the person signing up for the Service by opening an Account
will be the contracting party (“Store Owner”) for the purposes of our Terms of Service
and will be the person who is authorized to use any corresponding Account we may provide
to the Store Owner in connection with the Service.
- If you are signing up for the Services on behalf of your employer, your employer shall
be the Store Owner. If you are signing up for the Services on behalf of your employer,
then you must use your employer-issued email address and you represent and warrant that
you have the authority to bind your employer to our Terms of Service.
- Your yourstore Store can only be associated with one Store Owner. A Store Owner may have
multiple yourstore Stores. “Store” means the online store or physical retail location(s)
associated with the Account.
2.2 Staff Accounts
- Based on your yourstore pricing plan, you can create one or more staff accounts (“Staff
Accounts”) allowing other people to access the Account. With Staff Accounts, the Store
Owner can set permissions and let other people work in their Account while determining
the level of access by Staff Accounts to specific business information (for example, you
can limit Staff Account access to sales information on the Reports page or prevent Staff
Accounts from changing general store settings).
- The Store Owner is responsible and liable for the acts, omissions and defaults arising
from use of Staff Accounts in the performance of obligations under these Terms of
Service as if they were the Store Owner’s own acts, omissions or defaults.
- The Store Owner and the users under Staff Accounts are each referred to as a “yourstore
User”.
2.3 Domain Names
- Upon purchasing a domain name through yourstore, domain registration will be
automatically renewed each year so long as your yourstore Account remains active. You
acknowledge that it is your sole responsibility to notify us through email to deactivate
the auto-renewal function.
SUMMARY
Only one person can be the “Store Owner”, usually the person signing up for the yourstore
Service. The Store Owner is responsible for the Account, is bound by these Terms of Service
and is responsible for the actions of others accessing the Account. If you sign up on behalf
of your employer, your employer is the Store Owner responsible for your Account.
We automatically create certain accounts for you to accept payments. You are responsible for
activating and deactivating these accounts and complying with their terms, which are with
various third parties.
Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms
of Service, including the FUP and the Privacy Policy before you may become a yourstore User.
- Technical support in respect of the Services is only provided to yourstore Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of
India applicable therein, without regard to principles of conflicts of laws. The United
Nations Convention on Contracts for the International Sale of Goods will not apply to
these Terms of Service and is hereby expressly excluded.
- We guarantee an uptime of 99 Percentile for the API services we provide.
- You acknowledge and agree that yourstore may amend these Terms of Service at any time by
posting the relevant amended and restated Terms of Service on yourstore’s website,
available at https://www.yourstore.io/terms and such amendments to the Terms of Service
are effective as of the date of posting. Your continued use of the Services after the
amended Terms of Service are posted to yourstore’s website constitutes your agreement
to, and acceptance of, the amended Terms of Service. If you do not agree to any changes
to the Terms of Service, do not continue to use the Service.
- You may not use the yourstore Services for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws), the laws applicable to you in your customer’s jurisdiction,
or the laws of India. You will comply with all applicable laws, rules and regulations in
your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Services, or access to the Services without the express written
permission by yourstore.
- You shall not purchase search engine or other pay per click keywords (such as Google
AdWords), or domain names that use yourstore or yourstore trademarks and/or variations
and misspellings thereof.
- Questions about the Terms of Service should be sent to yourstore Support.
- You understand that your Materials (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over networks.
- You acknowledge and agree that your use of the Services, including information
transmitted to or stored by yourstore, is governed by its privacy policy at
https://www.yourstore.io/privacy-policy
- All the terms and provisions of the Terms of Service shall be binding upon and inure to
the benefit of the parties to the Terms of Service and to their respective heirs,
successors, permitted assigns and legal representatives. yourstore shall be permitted to
assign these Terms of Service without notice to you or consent from you. You shall have
no right to assign or otherwise transfer the Terms of Service, or any of your rights or
obligations hereunder to any third party without yourstore’s prior written consent, to
be given or withheld in yourstore’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any
reason, held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability will not affect any other provision (or the unaffected
portion of the provision) of the Terms of Service, and the Terms of Service will be
construed as if such invalid, illegal or unenforceable provision, or portion of the
provision had never been contained within the Terms of Service.
SUMMARY
The yourstore service belongs to us. You are not allowed to rip it off or use it for any
illegal or sketchy purpose.
Your Materials may be transferred unencrypted and may be altered, but credit card information
is always encrypted.
4. yourstore Contracting Party
What information do we collect and why?
This User Agreement shall be construed in accordance with the applicable laws of India. Any
disputes arising out of our service or website will be settled in the courts of Chennai.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the
courts of Chennai with respect to any dispute or claim arising out of or in connection with
the Terms of Service. The United Nations Convention on Contracts for the International Sale
of Goods will not apply to these Terms of Service and is hereby expressly excluded.
SUMMARY
If a dispute arises you may bring an action, in the courts of Chennai.
5. yourstore Rights
- We reserve the right to modify or terminate the Services for any reason, without notice
at any time. Not all Services and features are available in every jurisdiction and we
are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if
we determine in our sole discretion that the goods or services offered via a Store, or
the Materials uploaded or posted to a Store, violate our Fair Use Policy (“FUP”) or
these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any
yourstore customers, yourstore employee, member, or officer will result in immediate
Account termination.
- yourstore does not pre-screen Materials and it is in our sole discretion to refuse or
remove any Materials from the Service, including your Store.
- 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
yourstore employees and contractors may also be yourstore customers/merchants and that
they may compete with you, although they may not use your Confidential Information (as
defined in Section 6) in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request
documentation to determine or confirm Account ownership. Documentation may include, but
is not limited to, a scanned copy of your business license, government issued photo ID,
the last four digits of the credit card on file, your status as an employee of an
entity, etc.
- yourstore retains the right to determine, in our sole judgment, rightful Account
ownership and transfer an Account to the rightful Store Owner. If we are unable to
reasonably determine the rightful Store Owner, without prejudice to our other rights and
remedies, yourstore reserves the right to temporarily disable an Account until
resolution has been determined between the disputing parties.
SUMMARY
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a yourstore account, we can freeze the account or
transfer it to the rightful owner, as determined by us.
6. Confidentiality
- “Confidential Information” shall include, but shall not be limited to, any and all
information associated with a party’s business and not publicly known, including
specific business information, technical processes and formulas, software, customer
lists, prospective customer lists, names, addresses and other information regarding
customers and prospective customers, product designs, sales, costs (including any
relevant processing fees), price lists, and other unpublished financial information,
business plans and marketing data, and any other confidential and proprietary
information, whether or not marked as confidential or proprietary. yourstore’s
Confidential Information includes all information that you receive relating to us, or to
the Services, that is not known to the general public, including information related to
our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary
for performing its obligations under these Terms of Service and in accordance with any
other obligations in these Terms of Service including this Section 6. Each party agrees
that it shall take all reasonable steps, at least substantially equivalent to the steps
it takes to protect its own proprietary information, to prevent duplication, disclosure
or use of any such Confidential Information, other than (i) by or to its employees,
agents and subcontractors who must have access to such Confidential Information to
perform such party’s obligations hereunder, who each shall treat such Confidential
Information as provided herein, and who are each subject to obligations of
confidentiality to such party that are at least as stringent as those contained herein;
or (ii) as required by any law, regulation, or order of any court of proper jurisdiction
over the parties and the subject matter contained in these Terms of Service, provided
that, if legally permitted, the receiving party shall give the disclosing party prompt
written notice and use commercially reasonable efforts to ensure that such disclosure is
accorded confidential treatment. Confidential Information shall not include any
information that the receiving party can prove: (A) was already in the public domain, or
was already known by or in the possession of the receiving party, at the time of
disclosure of such information; (B) is independently developed by the receiving party
without the use of or reference to the other party’s Confidential Information, and
without breaching any provisions of these Terms of Service; or (C) is thereafter rightly
obtained by the receiving party from a source other than the disclosing party without
breaching any provision of these Terms of Service.
SUMMARY
Both you and yourstore agree to use the Confidential Information of the other to only perform
the obligations in these Terms of Service. Confidential Information must be protected and
respected.
7. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws,
yourstore 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 Service.
- To the extent permitted by applicable law, in no event shall yourstore or our suppliers
be liable for lost profits or any special, incidental or consequential damages arising
out of or in connection with our site, our Services or these Terms of Service (however
arising, including negligence). You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, yourstore partners, officers, directors, agents,
employees, and suppliers harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your breach of these
Terms of Service or the documents it incorporates by reference (including the FUP), or
your violation of any law or the rights of a third party.
- 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.
- yourstore does not warrant that the Services will be uninterrupted, timely, secure, or
error-free.
- yourstore does not warrant that the results that may be obtained from the use of the
Services will be accurate or reliable.
- yourstore does not warrant that the quality of any products, services, information, or
other materials purchased or obtained by you through the Services will meet your
expectations, or that any errors in the Services will be corrected.
SUMMARY
We are not responsible if you break the law, breach this agreement or go against the rights
of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and
our liability is limited.
8. Waiver and Complete Agreement
The failure of yourstore to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. The Terms of Service,
including the documents it incorporates by reference, constitute the entire agreement
between you and yourstore and govern your use of the Services and your Account, superseding
any prior agreements between you and yourstore (including, but not limited to, any prior
versions of the Terms of Service).
SUMMARY
If yourstore chooses not to enforce any of these provisions at any time, it does not mean
that we give up that right later.
These Terms of Service make up the agreement that applies to you. This means that any
previous agreements between you and yourstore don’t apply if they conflict with these terms.
9. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the
yourstore Service. All Materials you upload remains yours. You can deactivate your
yourstore account any time by sending as an email a month in prior.
- By uploading Materials, you agree: (a) to allow other internet users to view the
Materials you post publicly to your Store; (b) to allow yourstore to store, and in the
case of Materials you post publicly, display and use your Materials; and (c) that
yourstore can, at any time, review and delete all the Materials submitted to its
Service, although yourstore is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making
your Store public, you agree to allow others to view Materials that you post publicly to
your Store. You are responsible for compliance of the Materials with any applicable laws
or regulations.
- yourstore shall have the non-exclusive right and license to use the names, trademarks,
service marks and logos associated with your Store to promote
SUMMARY
Anything you upload remains yours and is your responsibility.
10. Theme Store
- You may modify the Theme to suit your Store. yourstore may add or modify the footer in a
Theme that refers to yourstore at its discretion. yourstore may modify the Theme where
it contains, in our sole discretion, an element that violates the yourstore FUP or other
provisions of the Terms of Service, even if you received the Theme in that condition.
yourstore may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of yourstore. If you
exceed the rights granted by your usage of a Theme, yourstore may take legal action
against you, and, without prejudice to our other rights or remedies, yourstore may take
administrative action such as modifying your Store or closing your Store.
- It is the responsibility of the user, and not yourstore, to ensure that the installation
of a new theme does not overwrite or damage the current or preexisting theme, or UI, of
the user.
SUMMARY
The theme cannot be purchased, you can only use it as long as you have an active yourstore
account. Note that Themes may disappear over time and are subject to change.
11. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and any other
applicable fees, including the applicable fees relating to the value of sales made
through your Store when using all payment providers and any fees relating to your
purchase or use of any products or services, such as addons, domain names, Experts
Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription
Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid payment method on file with us to pay for all incurred and
recurring Fees. yourstore will charge applicable Fees to any valid payment method that
you authorize (“Authorized Payment Method”), and yourstore will continue to charge the
Authorized Payment Method for applicable Fees until the Services are terminated, and any
and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees
and other charges are in INR (₹), and all payments shall be in Indian currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such
date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time
to time at yourstore’s discretion. You will be charged on each Billing Date for all
outstanding Fees that have not previously been charged. Fees will appear on an invoice,
which will be sent to the Store Owner via the email provided. Users have approximately
two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method, we
will make a second attempt to process payment using any Authorized Payment Method 3 days
later. If the second attempt is not successful, we will make a final attempt 3 days
following the second attempt. If our final attempt is not successful, we may suspend and
revoke access to your Account and the Services. Your Account will be reactivated upon
your payment of any outstanding Fees, plus the Fees applicable to your next billing
cycle. You may not be able to access your Account or your storefront during any period
of suspension. If the outstanding Fees remain unpaid for 60 days following the date of
suspension, yourstore reserves the right to terminate your Account.
- All Fees are exclusive of applicable federal, provincial, state, local or other
governmental sales, goods and services harmonized or other taxes, fees or charges now in
force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your
subscription to or purchase of yourstore’s products and services. To the extent that
yourstore charges these Taxes, they are calculated using the tax rates that apply based
on the billing address you provide to us. Such amounts are in addition to the Fees for
such products and services and will be billed to your Authorized Payment Method. If you
are exempt from payment of such Taxes, you must provide us with evidence of your
exemption, which in some jurisdictions includes an original certificate that satisfies
applicable legal requirements attesting to tax-exempt status. Tax exemption will only
apply from and after the date we receive evidence satisfactory to yourstore of your
exemption. If you are not charged Taxes by yourstore, you are responsible for
determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax
authorities in your jurisdiction.
- For the avoidance of doubt, all sums payable by you to yourstore under these Terms of
Service shall be paid free and clear of any deductions or withholdings whatsoever. Other
than Taxes charged by yourstore to you and remitted to the appropriate tax authorities
on your behalf, any deductions or withholdings that are required by law shall be borne
by you and paid separately to the relevant taxation authority. yourstore shall be
entitled to charge the full amount of Fees stipulated under these Terms of Service to
your Authorized Payment Method ignoring any such deduction or withholding that may be
required.
- You must maintain an accurate location in the administration menu of your yourstore
Store. If you change jurisdictions you must promptly update your location in the
administration menu.
- yourstore does not provide refunds.
SUMMARY
A valid payment method (like a credit card) is required for all stores. You will be billed
for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be
charged to your payment method. If we are not able to process payment of Fees using your
payment method, we will try again in 3 days. If we are unable to process payment of Fees on
the second attempt, we will make a third and final attempt three days later. If payment of
Fees is unsuccessful after three attempts, yourstore may freeze your store. You may be
required to remit Taxes to yourstore or to self-remit to your local taxing authority. No
refunds.
12. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting
yourstore Support and then following the specific instructions indicated to you in
yourstore’s response.
- Upon termination of the Services by either party for any reason:
- yourstore will cease providing you with the Services and you will no longer be
able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to
any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to yourstore for your use of the Services through
the effective date of such termination will immediately become due and payable
in full; and
- your Store website will be taken offline
- If you purchased a domain name through yourstore, upon cancellation your domain will no
longer be automatically renewed. Following termination, it will be your sole
responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding Fees owing by
you, you will receive one final invoice via email. Once that invoice has been paid in
full, you will not be charged again.
- We reserve the right to modify or terminate the yourstore Service, the Terms of Service
and/or your Account for any reason, without notice at any time. Termination of the Terms
of Service shall be without prejudice to any rights or obligations which arose prior to
the date of termination.
- Fraud: Without limiting any other remedies, yourstore may suspend or terminate your
Account if we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in connection with the
use of the Services.
SUMMARY
A valid payment method (like a credit card) is required for all stores. You will be billed
for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be
charged to your payment method. If we are not able to process payment of Fees using your
payment method, we will try again in 3 days. If we are unable to process payment of Fees on
the second attempt, we will make a third and final attempt three days later. If payment of
Fees is unsuccessful after three attempts, yourstore may freeze your store. You may be
required to remit Taxes to yourstore or to self-remit to your local taxing authority. No
refunds.
13. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from yourstore.
Such notice may be provided at any time by posting the changes to the yourstore Site
(yourstore.io) or the administration menu of your yourstore account via an announcement.
- yourstore reserves the right at any time, and from time to time, to modify or
discontinue, the Services (or any part thereof) with or without notice.
- yourstore shall not be liable to you or to any third party for any modification, price
change, suspension or discontinuance of the Service.
SUMMARY
We may change or discontinue the service at anytime, without liability.
14. Third Party Services
yourstore may from time to time recommend, provide you with access to, or enable third party
software, applications (“Apps”), products, services or website links (collectively, “Third
Party Services”) for your consideration or use. Such Third Party Services are made available
only as a convenience, and your purchase, access or use of any such Third Party Services is
solely between you and the applicable third party services provider (“Third Party
Provider”). In addition to these Terms of Service, you also agree to be bound by the
additional service-specific terms applicable to services you purchase from, or that are
provided by, Third Party Providers.
- Any use by you of Third Party Services on yourstore’s website is entirely at your own
risk and discretion, and it is your responsibility to read the terms and conditions
and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties or make representations to you with respect to Third
Party Services. You acknowledge that yourstore has no control over Third Party Services
and shall not be responsible or liable to you or anyone else for such Third Party
Services. The integration or enabling of such Third Party Services with the Services
does not constitute or imply an endorsement, authorization, sponsorship, or affiliation
by or with yourstore. yourstore does not guarantee the availability of Third Party
Services and you acknowledge that yourstore may disable access to any Third Party
Services at any time in its sole discretion and without notice to you. yourstore is not
responsible or liable to anyone for discontinuation or suspension of access to, or
disablement of, any Third Party Service. yourstore strongly recommends that you seek
specialist advice before using or relying on Third Party Services, to ensure they will
meet your needs.
- If you enable a Third Party Service for use with the Services, you grant us permission
to allow the applicable Third Party Provider to access your data and other Materials and
to take any other actions as required for the interoperation of the Third Party Service
with the Services, and any exchange of data or other Materials or other interaction
between you and the Third Party Provider is solely between you and such Third Party
Provider. yourstore is not responsible for any disclosure, modification or deletion of
your data or other Materials, or for any corresponding losses or damages you may suffer,
as a result of access by a Third Party Service or a Third Party Provider to your data or
other Materials.
- Google Maps is a Third Party Service that is used within the Services. Your use of the
Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal
Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and
Google Privacy Policy as it may be amended by Google from time to time.
- The relationship between you and any Third Party Provider is strictly between you and
such Third Party Provider, and yourstore is not obligated to intervene in any dispute
arising between you and a Third Party Provider.
- Under no circumstances shall yourstore be liable for any direct, indirect, incidental,
special, consequential, punitive, extraordinary, exemplary or other damages whatsoever,
that result from any Third Party Services or your contractual relationship with any
Third Party Provider. These limitations shall apply even if yourstore has been advised
of the possibility of such damages. The foregoing limitations shall apply to the fullest
extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, yourstore partners, officers, directors, agents, employees, and suppliers
harmless from any claim or demand, including reasonable attorneys’ fees, arising out of
your use of a Third Party Service or your relationship with a Third Party Provider.
SUMMARY
We are not responsible for third party services so use them at your own risk. If you use
Third Party Services on the yourstore platform, you permit us to send your data to those
services. If you use Third Party Services you agree that we do not provide a warranty, so
get advice beforehand.
15. Beta Services
From time to time, yourstore may, in its sole discretion, invite you to use, on a trial
basis, pre-release or beta features that are in development and not yet available to all
merchants (“Beta Services”). Beta Services may be subject to additional terms and
conditions, which yourstore will provide to you prior to your use of the Beta Services. Such
Beta Services and all associated conversations and materials relating thereto will be
considered yourstore Confidential Information and subject to the confidentiality provisions
in this agreement. Without limiting the generality of the foregoing, you agree that you will
not make any public statements or otherwise disclose your participation in the Beta Services
without yourstore’s prior written consent. yourstore makes no representations or warranties
that the Beta Services will function. yourstore may discontinue the Beta Services at any
time in its sole discretion. yourstore will have no liability for any harm or damage arising
out of or in connection with a Beta Service. The Beta Services may not work in the same way
as a final version. yourstore may change or not release a final or commercial version of a
Beta Service in our sole discretion.
16. Feedback and Reviews
yourstore welcomes any ideas and/or suggestions regarding improvements or additions to the
Services. Under no circumstances shall any disclosure of any idea, suggestion or related
material or any review of the Services, Third Party Services or any Third Party Provider
(collectively, “Feedback") to yourstore be subject to any obligation of confidentiality or
expectation of compensation. By submitting Feedback to yourstore (whether submitted directly
to yourstore or posted on any yourstore hosted forum or page), you waive any and all rights
in the Feedback and that yourstore is free to implement and use the Feedback if desired, as
provided by you or as modified by yourstore, without obtaining permission or license from
you or from any third party. Any reviews of a Third Party Service or Third Party Provider
that you submit to yourstore must be accurate to the best of your knowledge, and must not be
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable. yourstore
reserves the right (but not the obligation) to remove or edit Feedback of Third Party
Services or Third Party Providers, but does not regularly inspect posted Feedback.
17. Rights of Third Parties
Save for yourstore and its affiliates, yourstore Users or anyone accessing yourstore Services
pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no
person or entity who is not a party to these Terms of Service shall have any right to
enforce any term of these Terms of Service, regardless of whether such person or entity has
been identified by name, as a member of a class or as answering a particular description.
For the avoidance of doubt, this shall not affect the rights of any permitted assignee or
transferee of these Terms.
SUMMARY
Only yourstore, yourstore Users and persons accessing yourstore Services have any rights
under these Terms of Service.
18. Privacy & Data Protection
yourstore is firmly committed to protecting the privacy of your personal information and the
personal information of your customers. By using the Service, you acknowledge and agree that
yourstore’s collection, usage and disclosure of this personal information is governed by our
Privacy Policy.
SUMMARY
yourstore’s use and collection of personal information is governed by our Privacy Policy.
Additionally, if you or your customers are located in Europe, yourstore’s use and collection
of European personal information is further governed by our Data Processing Addendum.