Terms of Service

Last updated on: September 01, 2017

The MyShop as a Service("Services") or ("MyShop Services") is fully owned and maintained by DevOps Automation Private Ltd (OPC) ("Company"), a company incorporated and existing in accordance with the laws of India. The Services under the Terms of Service include various services to help you sell goods and services to buyers, online ("Online Services"). The website https://www.myshopaas.com/ (the "Site") contains all the details about the Services. The Site is fully owned, developed and maintained by the Company. By signing up for the Services you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.myshopaas.com/terms. The Company reserves the right to update and change the Terms of Service by posting updates and changes to the Site. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including MyShop Service's Acceptable Use Policy ("AUP") and Privacy Policy before you may become a MyShop Service user.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the "Terms of Service" for the complete picture of your legal requirements. By using MyShop as a Service, you are agreeing to these terms.

1.   Account Terms

1.  You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

2.  To access and use the Services, you must register for a Company account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Company may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

3.  You acknowledge that Company will use the email address you provide as the primary method for communication.

4.  You are responsible for keeping your password secure. Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

5.  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").

6.  A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Company will result in an immediate termination of your services.

Which means

You are responsible for your Account and any Materials you upload to the MyShop Services. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2.   Account Activation

2.1 MyShop Services Account

1.  The person signing up for the Services will be the contracting party ("Account 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 Account Owner in connection with the Service.

2.  If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3.  The Company may provide you trial accounts for the purpose of evaluation of the Service. The Terms of Service is applicable equally to such trial accounts.

4.  The MyShop Services provide several different plugins or ways to accept online payments from your customers via Payment Gateways. The Account Owner is responsible to ensure that the Payment Gateway information is protected and updated from time to time as may be required by the Payment Gateway vendor.

2.2 Domain Names

1. Upon purchasing a domain name through MyShop Services, domain registration will be pre-set to automatically renew each year so long as your MyShop Services Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so by sending email to accounts@myshopaas.com.

Which means

The person signing up for the MyShop Services is responsible for the account(including trial accounts) and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

You are responsible for activating and deactivating the payment gateway accounts and its security.

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 AUP and the Privacy Policy before you may become a member of MyShop Services.

1.      Technical support is only provided to paying Account holders and is only available via email.

2.      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 parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of India 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.

3.      You acknowledge and agree that the Company may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Company's website, available at http://www.myshopaas.com/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 the Company'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 Services.

4.      You may not use the MyShop 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 Services.

5.      You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.

6.      You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use MyShop Services or MyShop Services trademarks and/or variations and misspellings thereof.

7.      Questions about the Terms of Service should be sent to support@myshopaas.com.

8.      You understand that your Materials (not including payment 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. Payment information is always encrypted during transfer over networks.

9.      You acknowledge and agree that your use of the Service, including information transmitted to or stored by the Company, is governed by its privacy policy at https://www.myshopaas.com/privacy

10.  The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and MyShop Service's Terms of Service available in another language, the most current English version of the Terms of Service at https://www.myshopaas.com/terms will prevail.

Which means

The MyShop Services belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the jurisdiction of India.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4.   The Company's Rights

1.  We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2.  We reserve the right to refuse service to anyone for any reason at any time.

3.  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 Acceptable Use Policy ("AUP") or these Terms of Service.

4.  Verbal or written abuse of any kind (including threats of abuse or retribution) of any MyShop Service's customer, employee, member, or officer will result in immediate Account termination.

5.  The Company does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

6.  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 Company employees and contractors may also be MyShop Services customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

7.  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, etc.

8.  The Company retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, the Company reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Which means

We can modify, cancel or refuse the service at any time.

In the event of an ownership dispute over a MyShop Services account, we can freeze the account or transfer it to the rightful owner.

5.   Limitation of Liability

1.  You expressly understand and agree that the Company 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.

2.  In no event shall the Company 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, our 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 AUP), or your violation of any law or the rights of a third party.

3.  Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

4.  The Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.  The Company does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

6.  The Company 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.

Which means

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.

6.   Waiver and Complete Agreement

The failure of the Company 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 and the documents it incorporates by reference constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

Which means

If the Company chooses not to enforce any of these provisions at any time, it does not mean that they 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 Company don't apply if they conflict with these terms.

 

7.   Intellectual Property and Customer Content

1.  We do not claim any intellectual property rights over the Materials you provide to the MyShop Services. All Materials you upload remains yours. You can remove your MyShop Services account at any time by sending email to accounts@myshopaas.com

2.  By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Company to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Company can, at any time, review all the Materials submitted to its Service, although Company is not obligated to do so.

3.  You retain ownership over all Materials that you upload to a MyShop Services 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.

4.  We will not disclose your confidential information to third parties, except as required in the course of providing our 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.

5.  We shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

Which means

Anything you upload remains yours and your responsibility.

8.   Shipping Services

The Company currently does not provide any shipping services. However, the Company may help you avail shipping services from a 3rd party Shipping Service Provider. A separate contract or service agreement should be created between the Account Owner and Shipping Service Provider. The Company shall not be responsible for any losses to the Account Owner or Shipping Service Provider arising out of any dispute between Account Owner and Shipping Service Provider. The Account Owner and Shipping Service Provider agree to settle disputes if any, as per the applicable laws and terms of their service agreement and will not hold the Company accountable or responsible.

 

Which means

You need to manage shipping and issues directly with the shipping service provider.

9.         Theme Store

1.  You may establish the appearance of your MyShop Services store with a design template from Services Theme Store ("a Theme"). If you setup a Theme, you are licensed to use it for a single store only. You are free to change Theme of store anytime. You are not permitted to transfer or sell a Theme to any other person's store on MyShop services or elsewhere. Multiple stores require multiple theme setup and each setup is subject to the applicable fee.

 

2.  You may modify the Theme to suit your store. Company may add or modify the footer that refers to MyShop Services at its discretion. Company may modify the Theme where it contains, in our sole discretion, an element that violates the Company's AUP or the Terms of Service, even if you received the Theme in that condition. Company may modify the Theme to reflect technical changes and updates as required.

3.  The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by the Theme designer, the designer may take legal action against you, and Company may take administrative action such as modifying your store or closing your store.

4.  It is the responsibility of the user, and not the Company, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or UI, of the user.

Which means

You can setup our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don't infringe on their rights. Note that Themes may disappear over time and are subject to change.

10.   Payment of Fees

1.  You will pay the Fees applicable to your subscription ("Subscription Fees") and any other applicable fees, including but not limited to purchase of any products or services such as shipping, apps, domain names or Third Party Services ("Additional Fees"). Together, the Subscription Fees and the Additional Fees are referred to as the ("Fees").

2.  Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). Additional Fees will be charged from time to time at the Company'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 Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of the Fees.

3.  MyShop Services are offered on pay-per-use basis, depending on the parameters as per Acceptable Use Policy ("AUP") your account may fall into different ("Service Buckets"). Subscription Fees will be revised (increased or decreased), depending on Services usage.

4.  Subscription Fees can also be paid in advance for the entire year to avoid in-convenience for account holders. Account holders need to send an email to accounts@myshopaas.com to enable annual payment. If the Services usage changes during the year, then depending on the Service Bucket, you will be charged the differences with respect to Subscription Fees.

5.  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").

6.  Currently payments are accepted only by cheque in favour of "DEVOPS AUTOMATION PRIVATE LIMITED OPC".

7.  Company does not provide refunds.

8.  Failure to make all due payments within 4 weeks of Billing Date will result in your account being "CANCELLED". However, all your data will be intact and account can be restored by paying all pending dues. Accounts in CANCELLED state for more than 3 months will be TERMINATED and no data, which means we will be able to restore nothing for that account.

Which means

All payments need to be made by cheque drawn in favour of "DEVOPS AUTOMATION PRIVATE LIMITED OPC". You will be billed for your Subscription Fees on quarterly or annual basis depending on your choice and have 2 weeks to pay. All fees mentioned are exclusive of applicable government taxes. Non-payment for more than 4 weeks will result in account CANCEL, and more than 3 months will result in account TERMINATION. No refunds.

11.   Cancellation and Termination

1.  You may cancel your Account at any time by emailing accounts@myshopaas.com and then following the specific instructions indicated to you in Company's response.

2.  Upon cancellation of your Account:

1.  Your store website will be taken offline.

2.  All your data will remain intact should you decide to "RESTORE" your account again later.

3.  Upon termination of the Services by either party for any reason:

1.  Company will cease providing you with the Services and you will no longer be able to access your Account;

2.  unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

3.  any outstanding balance owed to Company for your use of the Services through the effective date of such termination will immediately become due and payable in full;

4.  All your website store data will be erased and you will not be able to restore or retrieve your data again.

5.  All accounts that stay in cancelled state for more than 90 days get terminated.

6.  Company can keep your account in cancelled state for up to 365 days on your request, provided all the dues cleared and you have sent an email to accounts@myshopaas.com for such a request. However, it is up to the Company's discretion to accept or reject this request.

4.  If you purchased a domain name through MyShop Services, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider. Company will transfer your domain name to the domain provider of your choice.

5.  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.

6.  We reserve the right to modify or terminate the MyShop Service or your Account for any reason, without notice at any time.

7.  Fraud: Without limiting any other remedies, Company 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 Site.

Which means

To initiate a cancellation, email accounts@myshopaas.com. Company will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through MyShop Services will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you'll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

12.   Modifications to the Service and Prices

1.  Prices for using the Services are subject to change upon 30 days notice from MyShop Services. Such notice may be provided at any time by posting the changes to https://www.myshopaas.com

2.  MyShop Services reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

3.  MyShop Services shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Which means

We may change or discontinue the service at anytime, without liability.

13.   Third Party Services

1.  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, MyShop Service's partners or other third parties.

2.  Company 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"). Any use by you of Third Party Services offered through the Services or Company'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.

3.  We do not provide any warranties with respect to Third Party Services. You acknowledge that Company has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Company's websites, or the integration or enabling of such Third Party Services with the MyShop Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with MyShop Services. Company does not guarantee the availability of Third Party Services and you acknowledge that Company may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Company is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Company strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

4.  If you install or 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 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 interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Company 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.

5.  Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.

6.  Under no circumstances shall Company 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, including any Expert. These limitations shall apply even if Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

7.  You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Company 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.

Which means

We are not responsible for third party services so use them at your own risk. If you use any third party services on the MyShop Services platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

14.   DMCA Notice and Takedown Procedure

Company supports the protection of intellectual property and asks MyShop Services merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Company's designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

Which means

Company respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don't think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Company a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.