EasyWebshop Terms of Service

Welcome to EasyWebshop. Please read the following TERMS OF SERVICE carefully before using this website.

This TERMS OF SERVICE ("TOS") is entered into by the User ("User") and EasyWebshop LTD ("EasyWebshop"), located at 168, St. Christopher Street, Valletta VLT 1467, Malta, Europe.

EasyWebshop's business of pre-paid online stores ("Services", "Content", "Site") is a SaaS platform comprised of various web pages, tools, software, content, video software, information, and features operated by EasyWebshop.

Some or all of the Content are copyrighted. All of the Content are proprietary. Use of the Content by any individual, organization, entity or enterprise is strictly prohibited except for a User authorized pursuant to this TOS.

The Site is available only to individuals who have attained the age of 18 years. The User represents and warrants that the Licensed Users of the User are of legal age and competent to enter into a valid contract, and that all registration information provided by the User is correct and truthful. EasyWebshop may, in its sole discretion, refuse to offer the Site Services and/or access to any person or entity and change its eligibility criteria at any time, except where prohibited by law.

Acceptance of Terms

By entering the Site and / or any page accessible on the Site / or by opening and using the online prepaid stores on the Site / or by posting content on the Site or dealing with EasyWebshop in any way through the Site, the User accepts, without limitation or qualification, to be bound by the terms of this TOS. This TOS sets forth the terms and conditions under which the User uses the Site and under which EasyWebshop agrees to the use of the Site.

You agree to abide by any applicable posted guidelines for all EasyWebshop services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with EasyWebshop in any way, your only recourse is to immediately discontinue use of EasyWebshop.

If the User does not wish to be bound by the terms the User should not access or use the website.

Scope of the Services

You understand that all postings, video, files, images, photos, messages, text, information provided by you in the online payment transfer options such as credit card, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Site. You understand that EasyWebshop does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the EasyWebshop site and Content available through the Service may contain links to other websites, which are completely independent of EasyWebshop. EasyWebshop makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will EasyWebshop be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that the Site does not pre-screen or approve Content, but that EasyWebshop shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

Third Party Content, Sites, and Services

The EasyWebshop site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of EasyWebshop including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

You agree that EasyWebshop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any third party interactions. If there is a dispute between users and any third party, you understand and agree that EasyWebshop is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release EasyWebshop, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

Limitations

EasyWebshop's responsibilities are limited as below:

Registered Users

The User may surf the Site and view Content without registering on the Site.

However to use the Services and/or make payments through the Site, The User is required to register on the Site and select a password and pay the requisite fees as applicable. Orders for online stores are on pre-paid basis per month, quarter or yearly.

The User shall provide EasyWebshop with correct, full, and updated registration information. Failure to do so shall constitute a breach of the TOS, wherein EasyWebshop has the option of terminating the user account.

Wherever the User is asked to provide information in connection with the website, the User agrees to provide true, accurate, current and complete information when registering, as registration indicates acceptance of this TOS. The User is not obliged to provided, the Site with any optional information requested. EasyWebshop reserves the right to refuse use of the system and services to anyone at any time for any reason without notice.

The use of the Site and services is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 18) are prohibited from using the system and services.

By supplying your information for upload to the Site, you grant EasyWebshop a no-charge, non-exclusive, worldwide license to use such information for the purpose of providing the Service to authorized users.

The User shall be responsible for the payment of any taxes associated with using the Service. The cost for transactions on the Site is subject to change without notice and will be posted at all times on the Site.

Working of the Site

A user of the Site may perform various transactions including:

The User shall not post content containing pornographic material, or that contain obscene or rude postings, or details of illegal activities or events, or other items illegal or not available for resale, or illegal services.

Content that are posted are subject to review by EasyWebshop and shall be removed without prior notice, if in violation with the TOS. EasyWebshop also reserves its right to cancel the User account and keep any monies owed to the User.

Any membership may be cancelled, if EasyWebshop determines that it is necessary to do so to comply with any of the rules, terms and conditions of the Site, or to comply with any law, rule, regulation or order applicable to EasyWebshop, to the Site or to any user on the Site, or to prevent fraud or abuse.

On such termination of an account, all amounts due to the User shall be nullified and returned to the Site.

Fees and Payments

Unless otherwise stated, all fees are quoted in EUROS. The User is responsible for paying all fees and applicable taxes related with the Site use.

The Site lay down in a Fee Schedule the various monthly, quarterly and yearly fees applicable when a user avails of a prepaid online store service on the Site. This fee schedule may change from time to time with notice being provided to users of the same.

All invoices are payable net 30 days. Prepayment is required for all accounts. Charges not paid when due are subject to a late charge accruing from the due date of 1-1/2% per month or the maximum permitted by law, whichever is less. The User is responsible for any reasonable attorney or collection fees incurred by EasyWebshop in collecting charges not paid when due.

Users are responsible for all taxes and tariffs related to intercountry shipments relating to transactions out of their online stores. EasyWebshop does not in any manner whatsoever hold liability for any errors in payment amounts, method, technical problems in payment, etc. The Site does not, at any time, receive or hold any monies intended for users.

Refund Policy

There is always a certain set of resources that are involved in achieving every milestone of the Services offered. Thus, a refund would not be entertained for the work already completed.

No refund is possible for the fee paid towards domains, web hosting and SSL certificates since these are registered in real-time and EasyWebshop cannot refund domain name fees and web hosting services from its suppliers.

No refund is possible for the monthly, quarterly or annual fee paid towards services. When uncertain, the User is advised to pay a very low amount on a monthly basis without requirement for renewal.

Taxes paid on services levied by regulatory bodies would not be refunded.

No refund will be entertained in case service gets canceled due to any violation of terms stated in our Terms of Service.

EasyWebshop is not liable to pay refund if delay or service disruption happens in the Services.

Security

By subscribing for the prepaid online store Services, the User authorizes EasyWebshop to, at any time and from time to time, confirm the User's identity and take steps to validate the financial transactions the User performs on the Site. To help these security checks, the User agrees to provide EasyWebshop with identification or other information or documents as EasyWebshop requests.

User information includes any information provided by the User to EasyWebshop or other users during the registration, or listing process, in any public message area or through any email feature.

EasyWebshop's policy is not to provide to third parties any list of users, user addresses, user e-mail addresses or other such user information for commercial purposes. However, Site may occasionally reference user company name in user lists or press releases issued by Site regarding the licensing and/or usage of the Service.

The User is solely responsible for user information, and the Site acts as a passive conduit for online distribution and publication of user information. The User is completely responsible for activity that occurs on his/her account and shall be responsible for maintaining the confidentiality of his/her account password. The User will immediately notify EasyWebshop in writing of any unauthorized use of his/her account, or other account related security breach that the User is aware about. However, EasyWebshop reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

The User shall not (i) choose or use as a User ID or storename a person's name with the intent to impersonate that person; (ii) use as a User ID or storename a name owned by another person without proper consent; or (iii) use as a User ID or storename a name that is otherwise offensive, vulgar or obscene. EasyWebshop reserves the right to refuse registration of, or cancel a User ID and storename in its sole discretion.

Here are some commitments you make to us relating to registering and maintaining the security of your prepaid online store account:

The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Site or any sale being conducted on the Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure. Unauthorized use of or sharing of passwords or user accounts is strictly prohibited.

Right to Change, Modify or Terminate the Site

Without prejudice to any other rights that it may have, EasyWebshop reserves the right and sole discretion to change, limit, terminate, modify or alter at any time, temporarily or permanently cease to provide the Site or any part thereof to the User, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications, if the User continues to use the website after they have been posted. Such modifications shall become effective immediately upon the posting thereof.

EasyWebshop may terminate the User's use of the Service if it believes that User have violated or acted inconsistently with the letter or spirit of these TOS. In case of fraud or scam operated through the prepaid online store, EasyWebshop will suspend the User's account. User information and content on the Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

The Site may at its discretion, in appropriate circumstances, terminate or suspend service and/or access to the Site in the case of users who infringe the intellectual property rights of others. EasyWebshop shall have the right to cancel / take down the Site at any time without claims of damage in case of:

EasyWebshop may also in their sole discretion and at any time discontinue providing the Services or any part thereof and shall not be liable to the User or any third-party for any termination of user access to the Service.

In the event EasyWebshop terminates this TOS, the User must immediately stop using the Site. EasyWebshop shall terminate membership accounts immediately if the User commits breach of this TOS or if EasyWebshop is unable to verify or authenticate any information the User provides to it.

Changes to TOS

EasyWebshop reserves the right, from time to time, to amend or change this TOS (including any of the policies which may be applicable to use of the Site). The User agrees to visit the Site periodically to be aware of and review any such revisions. Changes to this TOS shall be effective upon posting. By continuing to use the Site after revisions are posted, the User accepts the revisions and agrees to abide by them.

No Spam Policy

You understand and agree that sending unsolicited email advertisements to EasyWebshop or email addresses through EasyWebshop computer systems, is expressly prohibited by this TOS. Any unauthorized use of EasyWebshop computer systems is a violation of the TOS and certain national and EU laws. Such violations may subject the User and his or her agents to civil and criminal penalties.

The EasyWebshop support service (help desk) has a fair use policy under which excessive support inquiries or spamming will be queued and/or remain unanswered.

The EasyWebshop support service has an advisory function. EasyWebshop does not make changes on the website of the customer (e.g. changing the design or deleting contents), the User is required to make all changes.

Use of Services

The User agrees that it is the User's responsibility to use the Services in accordance with this TOS. EasyWebshop is not responsible for any claims or damages incurred in connection with the User's or any third party's use or misuse of the products or services offered on the User's prepaid online stores. Users must agree to guard against the improper use of the Services. Violation of these TOS may result in the revocation of a User's right to purchase as a qualified User.

Intellectual Property Rights

The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of EasyWebshop.

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site and content and applications (including but not limited to, related software and including but not limited to any images, graphic, photographs, animations, video, audio, text and "applets," incorporated into the software, and any copies of the software), are owned by EasyWebshop, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

For content that is covered by intellectual property rights, like photos and videos ("IP content"), the User grant the Site a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Site ("IP License") including (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.

This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it). All title and intellectual property rights in and to the information and content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

This TOS does not grant the User any rights to use such content, other than the right to use the Site according to the terms of the TOS. The User further agrees not to reproduce, duplicate or copy Content from the Site without the express written consent of EasyWebshop, and agree to abide by any and all copyright notices displayed on the Site. The User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site.

Disclaimer of Warranties

THE USER WARRANTS THAT ALL INFORMATION THAT IS PROVIDED BY THE USER ("USER INFORMATION") FOR CREATING AND OPERATING THE USER'S PREPAID ONLINE STORE IS ACCURATE AND COMPLETE.

THE USER’S USE OF THE SERVICES IS AT HIS OWN RISK. IN THE EVENT THE USER HAS A DISPUTE WITH A THIRD PARTY, THE USER SHALL RELEASE EASYWEBSHOP (AND ITS AGENTS AND EMPLOYEES) FROM ALL CLAIMS, COSTS, EXPENSES, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF THE USER’S ENTRY ONTO THE SITE, POSTING OF ANY LINKS, ANY MISINFORMATION THAT THE USER PROVIDES TO THE SITE, ANY ACTION THAT THE USER TAKES IN VIOLATION OF ANY OF THE RULES, TERMS OR CONDITIONS OF THE SITE, PARTICIPATION IN ANY OTHER ACTIVITY ON OR MADE AVAILABLE TO THE USER THROUGH THE SITE, OR THE USE OF THE SITE’S SOFTWARE.

BY CREATING, OPENING, MAINTAINING AND USING A PREPAID ONLINE STORE, THE USER REPRESENTS AND WARRANTS THAT HE IS NOT A RESIDENT OF ANY JURISDICTION WHICH DOES NOT ALLOW THE SERVICES PROVIDED BY THE SITE TO BE OFFERED OR USED.

EASYWEBSHOP PROVIDES THE SITE ON AN "AS IS" AND AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF CONTENT, DOCUMENTATION AND FAQ PAGES, LINK PAGES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF EASYWEBSHOP IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM AND LOSS OF DATA THAT RESULT FROM THE ABOVE. EASYWEBSHOP SHALL BEAR NO LIABILITY FOR USER ERROR (E.G. TYPOS IN REGISTERING A DOMAIN NAME, A USER ACCIDENTALLY DELETING THE SHOP, A USER ACCOUNT GETTING HACKED), EASYWEBSHOP SHALL BEAR NO LIABILITY FOR DAMAGE CAUSED BY A COMPROMISED ACCOUNT. THE USER SHALL TAKE THE NECESSARY PROVISIONS TO SECURE HIS OR HER DEVICE AND TO PROTECT HIS OR HER ACCOUNT. EASYWEBSHOP SHALL BEAR NO LIABILITY FOR FUNDS HELD IN THE USER ACCOUNT, IN ANY CURRENCY.

THE USER AGREES THAT EASYWEBSHOP DOES NOT WARRANT THE SECURITY OR UPTIME OR AVAILABILITY OF THE SITE AND USER WEBSITES OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, MEET YOUR REQUIREMENTS, TIMELY ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.

Liability for our Services

In no event will EasyWebshop be liable to any party for (i) any termination of user access to the service, any special, direct, indirect, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) or any other damages arising in any way from or in connection with the availability, use, reliance on, performance of the site, provision of or failure to provide the site, loss of data, the user access or inability to access or use the site or the use and reliance on links, information or content available on or through the site, including viruses alleged to have been obtained, or invasion of privacy from or through the site, even if EasyWebshop has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise; or (ii) any claim attributable to errors, omissions, or other dysfunction in, or destructive properties of, arising out of or in connection with the use or performance of the site. Some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such countries or jurisdictions, EasyWebshop's liability shall be limited to the maximum extent permitted by law.

The user accepts the domain registry's terms of service which registering the domain names. EasyWebshop shall not be liable for the correct functioning of the domain names and the security certificates (SSL/TLS).

EasyWebshop shall not be liable in any manner whatsoever for any mediation or payables in disputes between sellers and buyers.

Indemnification

The User agrees to defend, indemnify and hold harmless EasyWebshop, its affiliates, representatives, and its officers or partners, directors, employees, agents and suppliers from any claim or demand made by any third party due to or arising out of any activity by the User on the Site, user use of the Service, user connection to the Service, user violation of these Terms of Service or user violation of the rights of any party and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this TOS by the User (or any parties who use his computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, payment transactions information, software or other materials on the Internet by the User (or any parties who use the User's computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the Site, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this TOS, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.

Data Management

The User is solely responsible for obtaining, installing and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.

The User is responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User controls and changing data on his router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, User ID and password on his router and firewalls, to protect his information.

EasyWebshop is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the Site software (including any personalization information) and other identifying information requested by EasyWebshop or its portal supplier may be placed in the Site's user directory.

Miscellaneous Provisions

If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

By transmitting, uploading, posting or submitting any general information or material on the User's prepaid online stores using the Site Tools, the User (i) represents that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrants that no other party has rights to the information and that his transmission, posting, uploading or submission of the information does not violate any copyright or other laws.

The Site contains third party links and it is provided by EasyWebshop only as a convenience to its users. Any web sites linked to or from the Site are not reviewed, controlled, or examined by EasyWebshop and it is not responsible for the contents of any linked site or any link contained in a linked site. In no event shall EasyWebshop be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.

The User and EasyWebshop agree that all matters relating to use of, the Service or Site shall be governed by the laws of Malta and relating EU laws including but not limited to Data Protection Regulation (GDPR) and The Data Protection Act 2018 (DPA). The User and EasyWebshop consent to the exclusive personal jurisdiction of and venue in a court located in Malta, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this TOS or to the Site. Except as otherwise required by law, any cause of action or claim the User may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

This TOS, including all Attachments hereto, which are fully incorporated into this TOS, and also including all policies and notices incorporated into this TOS by reference, constitutes the entire agreement between the User and EasyWebshop with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this TOS in whole or in part; any attempt to do so shall be void. Any terms varying from this TOS in any written or electronic communication from the User are void. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. EasyWebshop's Privacy Statement can be viewed at https://www.easywebshop.com/privacy

Effective Date

This Terms of Service is effective on October 1st, 2018.

Feedback

We welcome your questions and comments on this document on the EasyWebshop contact page.

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