1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
By signing up for the services provided through 'www.webware.io' or ‘www.powerstores.com’, which is owned and operated by POWERSTORES E-COMMERCE LIMITED, a company incorporated under the laws of Ontario, Canada, you are agreeing to be bound by the following terms, conditions, disclaimers and limitations of liability (“Terms of Service”/”Terms”).
Company (as hereinafter defined) provides a web-based service which includes online templates, website design assistance, website design themes and administrative web pages provided as a service to you or that allows you to set up and run a website and/or online e-commerce store ("Service"). In these Terms, references to "you" or "User" shall mean the end User accessing the Service and, its contents. “we", "us", ‘Company’ and "our" shall mean PowerStores E-Commerce Limited, and its affiliates and partners.
Please read these Terms carefully. Company, in its sole discretion, may modify these Terms at any time. Any changes or modifications to these Terms are effective immediately upon the earliest of (a) our email notification to you advising you of such changes or modifications; (b) your electronic acceptance of these Terms after such changes or modifications have been made, as indicated by the “Last Revised” date at the bottom of this page; or (c) your continued use of the Service after Company posts the updated or modified Terms to the Website.
The Service is available only to persons who can form binding contracts under applicable law. For certainty, you must be 18 years of age or older, or at least the age of majority in the jurisdiction in which you reside or from which you use the Service.
As a condition to using the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or for any other purpose that is not reasonably intended by the Company or that is prohibited by law. Company reserves the right to refuse the Service to anyone, for any reason, at any time.
User consents herein to receive communications from Company concerning the Service electronically through the email address provided to Company during the registration process. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided to us. You may change the telephone number, email or postal address to which Company sends communications by notifying Company at firstname.lastname@example.org.
4. COMPANY’S INTELLECTUAL PROPERTY
All right, title and interest in the Service and Website (including, without limitation, any modifications, enhancements and updates) resides with the Company. Material displayed in connection with the Service and on the Website (including, without limitation, page headers, graphics, themes and user interface elements, and any modifications thereto) also comprises copyright material and trademarks which are the exclusive property of Company and/or third parties. Your usage of the Service and Website is exclusively for the purposes of browsing and using the Service. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Service or Website without obtaining authorization from Company. All right, title, and interest in and to the Service are and will remain the exclusive property of the Company and its licensors, or the respective companies’ information represented therein. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the information you might have access to by browsing the Website or subscribing to the Service.
5. LIMITED LICENSE TO USE THE SERVICE
Company grants you a non-exclusive, non-transferable, revocable license to access and use the Service, strictly in accordance with this Terms of Service. In return for this license, you agree to wholly abide by all terms herein, of which the violation of any is grounds for the immediate termination of your account with notice, as well as possible civil and criminal action.
If you download or use any resource offered under the Service, you are licensed to use it for a single website or store only. You are not permitted to transfer or sell any Company resource to any other person. Company gives no assurance that a particular resource will remain available for additional downloads. You may modify your website or store by personalizing it; however, for certainty, Company shall retain all right, title and interest in the themes and resources offered in connection with the Service, including in the event and to the extent that such themes or resources are modified.
6. USE OF YOUR CONTENT
You retain ownership over all content that you submit, upload, and transmit using the Service. Company is under no obligation to pre-screen any content and, in its sole discretion, may refuse, edit or remove any content that is made available via the Service.
You grant Company a non-exclusive right and license to use your name and trademarks that are provided to Company in connection with the Service (a) on the Website; (b) in printed and online advertising; and (c) for any purpose that is reasonably necessary and ancillary to the foregoing.
By uploading or submitting any content to your store/website, you agree to grant Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to (a) allow other internet users to view such content; (b) allow Company to display and store such content; (c) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate or publicly perform such content, in whole or in part, in any format, medium or application; and (d) use any such content in any manner and for any purpose (including, without limitation, commercial purposes) that Company deems appropriate in its sole discretion.
In addition, you grant Company the exclusive, royalty free, perpetual license to use all the information generated by your usage of the Service for analytics and such other services, which may be shared with a third party (personally identifiable information will not be shared) for business development.
7. RESTRICTIONS ON USE
You may not:
I. share or transfer your account;
II. copy or reproduce the Service through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
III. modify, adapt, or create derivative works based on the Service; or
IV. reverse engineer, decompile or disassemble the Service.
In using the Service, you acknowledge that you are solely responsible for all content which you create and/or upload to set up your store/website (“User Content”). By using the Service you agree not to create, upload, transmit, distribute, store or otherwise publish any of the following:
I. User Content that is: unlawful or in violation of local, state, national, or international laws, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
II. User Content that would constitute, encourage or provide instructions for (a) a criminal offense; (b) the violation of the rights of any party, or (c) the violation of any local, provincial, state, national or international law, rule, or regulation.
III. User Content that includes unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, "junk mail," "spam," "chain letters," or any unsolicited mass distribution of email;
IV. User Content that infringes or violates any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
V. private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
VI. viruses, corrupted data or other harmful, disruptive or destructive files; and
VII. User Content that may be construed as stalking, harassing, or otherwise harming others.
The above list is not exhaustive and Company may, at its sole discretion, make any additions or revisions thereto. For certainty, engaging in any activity that, in Company’s sole discretion, disrupts, interferes with or is harmful to the Services, Company’s business, operations, reputation, goodwill, other users and/or customer relations or the ability of other users to effectively use the Services, is prohibited.
If required and as determined by Company, Company may modify any theme or content where it contains an element that may violate the Terms. In addition, company may modify a theme to reflect technical changes and updates as required.
8. STORE/WEBSITE DESIGN
Company may provide website design services in connection with the Service to help you build your store/website.
In the event that Company is providing website design services, Company shall provide you with a “mock design” of your store/website, which is subject to your approval. Once you have approved your “mock design”, Company shall build the store/website in accordance with the approved design, and shall have no further obligation to provide web design services, except as otherwise contemplated herein and subject to additional charges where applicable. After your store/website goes live, Company’s sole responsibility shall be to host your store/website; you are solely responsible for managing your store/website.
9. PAYMENT, FEES AND TAXES
I. You agree to pay all subscription fees and other applicable fees to use the Service and that you shall not circumvent Company’s fee structure.
II. The Services will be billed as per the Company’s policy, subject to your choice of subscription plan..
III. All fees are exclusive of taxes. Government tax is levied on every purchase as required by the Company.
IV. Each User is solely responsible for payment of all taxes, duties, levies, reporting, statutory registrations and all other legal compliance incurred in connection with or required by the operation of their store/website.
V. We consider the payment process to be complete only on receipt of the invoice amount to our designated bank account.
VI. In the event that a payment is not received by the due date set forth on an invoice, a late fee of one and a half percent (1.5%) per month (eighteen percent (18%) annually), shall be assessed against overdue amounts.
VIII. Prices are subject to change at Company’s sole discretion..
10. TERM AND TERMINATION
Company reserves the right not to provide the Service, to terminate membership accounts, and to remove or edit content or cancel orders (or any part thereof) at its sole discretion at any time. Without limiting the operation of any other Terms of Service herein, Company will not be held liable for loss or damage arising from exercising such rights.
You can terminate your account with Company at any time by notifying us in writing and fulfilling the termination obligation as per your contract. On closure, we will remove your User Content from public view. We may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. To request that we close your account and remove your information from the Service, please send your request to email@example.com.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL OFFERED IN CONNECTION WITH THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS OR AGENTS, WHETHER DIRECTLY OR INDIRECTLY, WILL CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SERVICE. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICE.
AS SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, COMPANY’S WARRANTIES, CONDITIONS AND REPRESENTATIONS WITH RESPECT TO THE WEBSITE AND THE SERVICE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, IT’S HOLDING COMPANY OR SUBSIDIARIES, AND/OR AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, LOSS OF BUSINESS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE.
Your use of the Service is at your sole risk. Company shall not be held responsible for non-availability/delay during periodic maintenance operations or any unplanned suspension of access to the Service that may occur due to technical reasons or for any reason beyond Company's control.
Company reserves the right to provide the Service to your competitors and makes no promise as to exclusivity.
You agree to waive any and all claims that you now have or may have in the future against Company and its associates which relate to or are incidental to any transaction or the Service. You agree to indemnify, defend and hold Company, its affiliates, directors and other related personnel harmless from and against any and all claims, loss or expense that may be incurred by Company or its associates which relate to or are incidental to the performance of its duties as described in these Terms of Service, including all costs of defending itself against a claim by any other person or entity and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You agree to indemnify and hold Company and its associates harmless from any claim made by any third party due to or arising out of your use or their use of this Website or the Service, the violation of these Terms and Conditions by you, or the infringement by you or other Users of this Website and the Service, of any intellectual property or other right of any person or entity.
The foregoing indemnity will survive the termination or expiration of this agreement or your use of the Website or the Service.
14. ACCOUNT SECURITY
You are solely responsible for the confidentiality of any password and other account information that you provide in connection with the Service. You agree to notify Company immediately of any unauthorized use of your account, user name, or password. You also agree that Company is not liable in any manner for any loss, additions, modification or deletions that may result from a third party accessing your user account, either with or without your knowledge. You are solely liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives as a result of the misuse of or unauthorized access to your account or password.
Company will back up all data on time intervals as determined by the Company. Further, all files that comprise your site may be transferred and stored in a global file system. You hereby consent to the same and acknowledge that the Company shall have no liability for any loss caused to you by such backup(s), transfer and/or storage.
We encourage you to keep all of your personal information up-to-date. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Website or Service. In addition, it may be impossible for us to completely delete all of your information because we periodically back up information stored and available.
15. LINKED SITES/TOOLS
You consent to permit Company to place hyperlinks to the Website at the bottom of your store/website.
16. APPLICABLE LAW
These Terms of Service are governed by the laws of the province of Ontario and the laws of Canada applicable therein.
17. DMCA ENFORCEMENT
Company shall respond to all notices of alleged copyright infringement. If a copyright holder believes that there has been a violation of their copyright on a site that is hosted by Company, the copyright holder may request that company remove or disable the material by submitting a DMCA notice (which complies with the requirements of the Digital Millennium Copyright Act)to Company at firstname.lastname@example.org. For more information, please see our DMCA Policy.
18. SEVERABILITY AND WAIVER
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a competent court, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19. REPORT ABUSE
As per these Terms, Users are solely responsible for all material or content uploaded to your website through use of Service. Company does not review the contents before they appear on your website. Company does not verify, endorse or otherwise vouch for the contents generally posted or uploaded in connection with the Service. Users can be held legally liable for the contents of their store/website and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report such abuse/violation to: email@example.com.
Last Updated: 30 September, 2016
PowerStores E-Commerce Limited d/b/a Webware.io
64 Vaughan Road, 3rd floor
Toronto, ON M6G 2N4