Terms of Service

Last updated on: December 23, 2021

By signing up for a Shopivana Account (as defined in Section 1) or by using any Shopivana 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” and “Shopivana” means the applicable Shopivana Contracting Party.

The services offered by Shopivana under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store, in person (“POS Services”), or both. Any such services offered by Shopivana 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. You can review the current version of the Terms of Service at any time at https://www.shopivana.com/terms-of-service. Shopivana reserves the right to update and change the Terms of Service by posting updates and changes to the Shopivana 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, and Privacy Policy before you may sign up for a Shopivana Account or use any Shopivana Service.

By using Shopivana or any Shopivana 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 Shopivana account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Shopivana 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 Shopivana for the purposes of carrying on a business activity and not for any personal, household or family purpose. .

You acknowledge that Shopivana 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 must monitor the primary Account email address you provide to Shopivana and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Shopivana can only be authenticated if they come from your primary Account email address. .

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

You acknowledge that you are responsible for the creation and operation of your Shopivana Store. .

You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your Shopivana Store. .

Shopivana is not a marketplace. Any contract of sale through your Shopivana Store is directly between you and the buyer. .

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, as determined in the sole discretion of Shopivana may result in an immediate termination of your Services. .

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. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

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 Shopivana Store can only be associated with one Store Owner. A Store Owner may have multiple Shopivana Stores. “Store” means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

Based on your Shopivana 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.

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 “Shopivana User”.

2.3 Payment Gateway Checkout

Upon completion of sign up for the Service, Shopivana on Store Owner’s request may create a Payment Gateway account on your behalf, using your email address.

You acknowledge that in this case the Payment Gateway account will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.

2.4 Domain Names

Upon purchasing a domain name through Shopivana, domain registration will be preset to automatically renew each year so long as your Shopivana Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, the Privacy Policy, before you may become a Shopivana User.

Technical support in respect of the Services is only provided to Shopivana 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.

You acknowledge and agree that Shopivana may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Shopivana’s website, available at https://www.shopivana.com/terms-of-service 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 Shopivana’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 Shopivana 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 and the City of Jaipur. 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 are solely responsible for the activity that occurs using your API and for keeping your API Credentials secure.

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 Shopivana.

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

Questions about the Terms of Service should be sent to Shopivana Support.

You understand that your Materials, 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.

You acknowledge and agree that your use of the Services, including information transmitted to or stored by Shopivana, is governed by its privacy policy at https://www.shopivana.com/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. Shopivana 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 Shopivana’s prior written consent, to be given or withheld in Shopivana’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, then 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.

4. Acceptable Use

This section describes activities that are prohibited in connection with your use of the Services.

The following activities are prohibited:

Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

COVID-19: You may only offer goods or services in relation to COVID-19 that comply with the Rules of Engagement for the Sale of COVID-19 Related Products.

Harassment, bullying, defamation and threats: You may not offer goods or services, or post or upload Materials that harass, bully, defame or threaten a specific individual.

Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.

Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.

Intellectual property: You may not offer goods or services, or post or upload Materials that infringe on the copyright or trademarks of others.

Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Shopivana or others, including Shopivana’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.

Personal, confidential, and protected health information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information.

Restricted Items: You may not offer goods or services that are, or appear to be, Restricted Items.

Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.

Spam: You may not use the Services to transmit unsolicited commercial electronic messages.

Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.

We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of Acceptable Use, including activities outside of your use of the Services.

Shopivana has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with Acceptable Use and the Shopivana Terms of Service, or any other agreement between you and Shopivana governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of Acceptable Use has occurred will be final and binding, and any action taken with respect to enforcing Acceptable Use, including taking no action at all, will be at our sole discretion.

Shopivana may modify Acceptable Use, including the list of Restricted Items, at any time by posting a revised version at https://www.shopivana.com/terms-of-service. By continuing to use the Services or access your Account after a revised version of the Acceptable Use has been posted, you agree to comply with the latest version of the Terms of Service.

If you feel that a user of the Services has violated Acceptable Use, please contact us at support@shopivana.com .

5. Shopivana Contracting Party

“Shopivana Contracting Party” means Biz365 Tech Pvt Ltd, an Indian company, with offices located at 828, Frontier Colony, Adarsh Nagar, Jaipur 302004, Rajasthan, India.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the City of Jaipur 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.

6. Shopivana 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 Acceptable Use or these Terms of Service.

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

Shopivana 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 Shopivana employees and contractors may also be Shopivana customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 7) 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, your status as an employee of an entity, etc.

Shopivana 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, Shopivana reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

7. 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. Shopivana’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 7. 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 the duplication, disclosure or use of any such Confidential Information, other than 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 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: 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; is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or 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.

8. Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Shopivana 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 laws, in no event shall Shopivana 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, Shopivana 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, 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.

Shopivana does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

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

Shopivana is not responsible for any of your tax obligations or liabilities related to the use of Shopivana’s Services.

Shopivana 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.

9. Waiver, Severability, and Complete Agreement

The failure of Shopivana to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

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

10. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the Shopivana Service. All Materials you upload to your Shopivana Store remains yours. You can remove your Shopivana Store at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Shopivana to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Shopivana can, at any time, review and delete all the Materials submitted to its Service, although Shopivana 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.

Shopivana 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.

11. POS Services

In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Shopivana POS software (“POS Software”), the Shopivana POS website, located at /on, programs, documentation, apps, tools, internet-based services and components, Shopivana’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Shopivana.

Access to and use of the POS Services requires that you have an active and valid Account.

You agree to use the POS Services in accordance with all procedures that may be provided by Shopivana from time to time.

While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.

12. Shopivana Email

You may generate or send email from your Account using the Shopivana email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Shopivana’s Privacy Policy), the following terms apply to your access and use of the Email Services:

Shopivana employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service (collectively, “Threats”). By using the Email Services, you explicitly grant Shopivana the right to employ such Content Scanning. Shopivana does not warrant that the Email Services will be free from Threats, and each Shopivana merchant is responsible for all content generated by their respective Stores.

BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). Shopivana, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.

Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.

Your use of the Email Services must comply with Shopivana’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.

You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.

Your use of the Email Services must follow all applicable guidelines established by Shopivana. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:

  • using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
  • using purchased or rented email lists;
  • using third party email addresses, domain names, or mail servers without proper permission;
  • sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
  • sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
  • failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
  • failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
  • failing to include in each email a link to the then-current privacy policy applicable to that email;
  • disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
  • failing to include in each email your valid physical mailing address or a link to that information; or
  • including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.

If you or a customer knows of or suspects any violations of the Email Services Requirements, please notify Shopivana at suport@shopivana.com. Shopivana will determine compliance with the Email Services Requirements in its discretion.

Shopivana’s Email Services utilize Third Party Providers. Your use of the Email Services is subject to the Third Party’s Acceptable Use Policy as it may be amended by Third Party from time to time.

13. Payment of Fees

You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Shopivana Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services 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. Shopivana will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Shopivana 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.

Subscription Fees are paid in advance and will be billed in monthly or yearly intervals depending on the Subscription Plan (each such date, a “Billing Date”). 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. As well, an invoice will appear on the Subscription page of your Store’s administration console. 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 30 days following the date of suspension, Shopivana reserves the right to terminate your Account.

All Fees are exclusive of applicable Goods and Sales Tax, 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 Shopivana’s products and services. To the extent that Shopivana 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 Shopivana of your exemption. If you are not charged Taxes by Shopivana, 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 Shopivana under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Shopivana 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. Shopivana 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 are responsible for all applicable Taxes that arise from or as a result of any sale on your Shopivana Store.

You must maintain an accurate location in the Subscription screen of your Shopivana Store. If you change jurisdictions you must promptly update your location in the administration menu.

Shopivana does not provide refunds.

14. Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting Shopivana Support and then following the specific instructions indicated to you in Shopivana’s response.

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

Shopivana 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 Shopivana 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 Shopivana, 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 Shopivana Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). 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, Shopivana 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.

15. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from Shopivana. Such notice may be provided at any time by posting the changes to the Shopivana Site (shopivana.com) or the Subscription screen of your Shopivana Store via an announcement.

Shopivana 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 (unless otherwise required by applicable law).

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

16. Third Party Services, Experts, and Experts Marketplace

Shopivana 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, including via the Shopivana App Store, or Experts Marketplace. 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.

Shopivana Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your Shopivana Store.

You can engage and work with an Expert directly or through Experts Marketplace. Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Store. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.

Any use by you of Third Party Services offered through the Services, Shopivana Experts, Experts Marketplace or Shopivana’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. In some instances, Shopivana may receive a revenue share from Third Party Providers that Shopivana recommends to you or that you otherwise engage through your use of the Services, Shopivana Experts, Experts Marketplace or Shopivana’s website.

We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Shopivana 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 availability of Third Party Services on Shopivana’s websites, including the Shopivana App Store or Experts Marketplace, or 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 Shopivana. Shopivana does not guarantee the availability of Third Party Services and you acknowledge that Shopivana may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Shopivana is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Shopivana 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.

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 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. Shopivana 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 Shopivana is not obligated to intervene in any dispute arising between you and a Third Party Provider.

Under no circumstances shall Shopivana be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, which result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Shopivana 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, Shopivana 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.

17. Feedback and Reviews

Shopivana 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 Shopivana be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Shopivana (whether submitted directly to Shopivana or posted on any Shopivana hosted forum or page), you waive any and all rights in the Feedback and that Shopivana is free to implement and use the Feedback if desired, as provided by you or as modified by Shopivana, 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 Shopivana 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. Shopivana 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.

18. Rights of Third Parties

Save for Shopivana and its affiliates, Shopivana Users or anyone accessing Shopivana 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.

19. Privacy & Data Protection

Shopivana 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 Shopivana’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

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