Alliance Ecommerce is a company incorporated under the laws of Indiawith its registered office at Cabin C224/25, Second Floor, Sebiz Square, Sector 67, Mohali, Punjab 160062 (hereinafter referred to as“Alliance Ecommerce”, “Company” “We”, “Us”, or “Our” which expressionshall mean and include its affiliates, successors and permittedassigns). Your (“You”, “Your” or “User”) use of the website is subjectto the notices, terms and conditions set forth in these Terms of Service("Terms"). The domain name “alliance-ecommerce.in” (hereinafter referred to as the "Website") is owned by AllianceEcommerce.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOURACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE.PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOURWILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS THROUGHOUT YOUR USE OFTHE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THISWEBSITE.
GRANT OF RIGHTS
By agreeing to these Terms, you represent that you have attained at least the age of majority in as per the laws of your country/state or province of residence.
You further represent and warrant that, if you are acting on behalf of your organization, you have the right, power and authority to, and do, accept these Terms on its behalf.
You may access some areas of our website without registering to the website. However, in order to access certain features of the website You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, and website address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently.
SUBSCRIPTION PLAN AND PAYMENT
While we may provide certain services free of cost during the trial period offered to you, post expiry of the trial period services can be accessed only by way of subscription. Information about subscription plans and prices would be provided in the Website while requesting for a subscription of a service. You agree to pay the price for the subscription or service as per the pricing schedule indicated in the Website.
Our Shopify Apps billing is handled by Shopify on behalf of all merchants. The payment process will be governed by Shopify terms and condition available at https://www.shopify.in/partners/app-store-terms.
Your subscription will commence on the day you enter into this Agreement by making a valid payment for subscription on the Shopify Website and shall continue to remain in force unless terminated in accordance with these Terms.
We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the any subscription plan or service offering. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. You will make timely payment of all such taxes, duties or government levies related to your Subscription.
You can cancel your subscription either from the Shopify app. In case of any refund request, we provide full refund for that particular month.
In general, as a condition to your continued use of the Website, youagree that you will not use the Website for any purpose that is unlawfulor prohibited by these Terms. User shall not post, transmit, orotherwise make available through or in connection with its use of theWebsite:
- Any information or materials that are or may be, or the posting,transmission or use of which is or may be: (a) threatening, harassing,degrading, hateful or intimidating; (b) defamatory or libelous; (c)fraudulent or tortious; (d) obscene, indecent, pornographic orotherwise objectionable; or (e) protected by copyright, trademark,trade secret, right of publicity or privacy or any other proprietaryright of any third party.
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, orother computer code, file, or program that is harmful or invasive orthat may or is intended to damage, hijack, disable, interfere with, ordisrupt the operation of, or monitor the use of, any hardware,software or equipment.
- Any unsolicited or unauthorized advertisements, promotional material,“junk mail,” “spam,” “chain letter,” “pyramid scheme” or investmentopportunity, or any other form of solicitation that is not expresslyapproved in writing by Alliance Ecommerce in advance.
- Impersonate any person or entity, including without limitation anyrepresentative of Alliance Ecommerce or any other company; falselystate or otherwise misrepresent your affiliation with any person orentity; or express or imply that Alliance Ecommerce endorses anystatement you make.
- Interfere with or disrupt the operation of the Website or the serversor networks used to make the services available; or violate anyrequirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the services(including without limitation by hacking or defacing any portion ofthe services).
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploitfor any commercial purposes, any portion of, use of, or access to, theWebsite.
- Modify, adapt, translate, reverse engineer, decompile or disassembleany portion of the services or Website.
- Remove any copyright, trademark or other proprietary rights noticefrom the Alliance Ecommerce or materials originating from the AllianceEcommerce.
- Frame or mirror any part of the services.
- Create a database by downloading and storing Alliance Ecommerce's UserContent.
- Use any robot, spider, site search/retrieval application or othermanual or automatic device to retrieve, index, “scrape,” “data mine”or in any way Alliance Ecommerce's services or reproduce or circumventthe navigational structure or presentation of the services withoutAlliance Ecommerce’s express prior written consent.
User shall use all reasonable endeavours to prevent any unauthorized access to, or use of, the services and, in the event of any such unauthorized access or use, shall promptly notify Alliance Ecommerce.
The trademarks, logo and slogans of Alliance Ecommerce displayed on theWebsite (collectively the "Trademarks") are owned by Alliance Ecommerce.Nothing on this Website should be construed as granting any license orright to use the Trademarks without written permission of AllianceEcommerce or such third party owner of the Trademarks. Your misuse ofthe Trademarks, or any other content on the Website, except as providedin these Terms is strictly prohibited. You are advised that AllianceEcommerce will aggressively enforce its intellectual property rights tothe fullest extent of the law.
Alliance Ecommerce respect theintellectual property of others, and we ask our users and contentpartners to do the same. The unauthorized posting, reproduction,copying, distribution, modification, public display or publicperformance of copyrighted works constitutes infringement of thecopyright owner’s rights. As a condition of your use of the Site, youagree not to use any feature of the Website to infringe the intellectualproperty rights of others in any way. We will terminate the accounts ofany user, and block access to Website of any user who are repeatinfringers of the copyrights, or other intellectual property rights, ofAlliance Ecommerce or others. We reserve the right to take these actionsat any time, in our sole discretion, with or without notice, and withoutany liability to the User who is terminated or to the User whose accessis blocked.
The User agrees to be solely responsible for and bearthe risk of sharing any intellectual property rights owned by themthrough the Alliance Ecommerce's website. You shall not hold AllianceEcommerce responsible for any infringement of intellectual propertyrights by any other user/ third party.
Alliance Ecommerce will not use any of user’s confidential information except in connection with the performance of the services or the exercise of its rights under these terms and will take all reasonable precautions to maintain the confidentiality of user’s confidential information and to prevent the unauthorized disclosure to others of the confidential information. Alliance Ecommerce shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to user by inadvertent breaches of confidentiality.
Certain content, products and services available via our Website mayinclude materials from third-parties. Third-party links on this site maydirect you to third-party websites that are not affiliated with us. Weare not responsible for examining or evaluating the content or accuracyand we do not warrant and will not have any liability or responsibilityfor any third-party materials or websites, or for any other materials,products, or services of third-parties.
We are not liable for anyharm or damages related to the purchase or use of goods, services,resources, content, or any other transactions made in connection withany third-party websites.
Please review carefully the third-party'spolicies and practices and make sure you understand them before youengage in any transaction. Complaints, claims, concerns, or questionsregarding third-party products should be directed to the third-party.
Further,the Company uses certain third party resources in order to provide theservices to its users. The User acknowledges and agrees that Company isnot and shall not be responsible for the availability, performance orsecurity of any such external third party services or resources, and itshall not be held liable for any loss or damage (including loss of dataand/or loss of profits), which may be incurred by the User, as a resultof the lack of availability of, the interruptions or errors in theperformance of, and any other problem in those external third partyservices or resources, or as a result of the lack of availability of,the interruptions or errors in the performance of, and any other problemin the website provided through such external third party services orresources.
SERVICE LEVEL UNDERSTANDING
The Company shall endeavor to ensure 99% uptime of its Website. However,the User shall not construe this as a guarantee by the Company, and theUser shall not hold the Company liable for any reasonable failure of theCompany to ensure the uptime.
We are not liable for any harm ordamages related to the purchase or use of goods, services, resources,content, or any other transactions made in connection with anythird-party websites.
In the event of the failure of the Company toprovide the aforementioned service standards, the Company in its solediscretion may provide to the User monetary credits equivalent to thelost period due to the failure in Service commitments. In the event theCompany determine to pay the monetary credits to You for its failure tomeet the service standards, the monetary credits shall be reflected onyour monthly invoice, and the sum of the monetary credit shall bededucted from the subscription fees payable by You.
You agree to Alliance Ecommerce sending you notifications and important messages time to time via its websites and email to provide you a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALLIANCEECOMMERCE NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OFLIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARYDAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL,USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISEDOF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES),ARISING FROM OR RELATING TO THE SITES OR SERVICES OR THESE TERMS.
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALLIANCE ECOMMERCE AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS), ARISING FROM OR RELATING TO: (A) THE USE OF THE WEBSITE BY USER OR ANYONE USING USER’S ACCOUNT; (B) THE VIOLATION OF THESE TERMS OF SERVICE BY USER OR ANYONE USING USER’S ACCOUNT; OR (C) THE VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER PROPRIETARY RIGHTS BY USER OR ANYONE USING USER’S ACCOUNT.
ALLIANCE ECOMMERCE MAKES NO REPRESENTATION THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE INDIA. USERS WHO ACCESS THE WEBSITE FROM OUTSIDE INDIA DO SO AT THEIR OWN RISK AND INITIATIVE AND MUST BEAR ALL RESPONSIBILITY FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.
UNLESS TERMINATED BY THE ALLIANCE ECOMMERCE, THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE ANY OF THE SERVICES. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DELETING ALL YOUR PERSONAL INFORMATION PROVIDED TO ALLIANCE ECOMMERCE AND DELETING THE USER ACCOUNT WITH ALLIANCE ECOMMERCE. IN THE EVENT IT IS DETERMINED BY ALLIANCE ECOMMERCE THAT YOU HAVE VIOLATED ANY OF THESE TERMS, WE SHALL HAVE THE RIGHT, AT OUR SOLE DISCRETION, TO SUSPEND YOUR ACCOUNT AND TERMINATE THE SERVICES FORTHWITH. ANY SUCH SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND THE SERVICES MAY BE EFFECTED BY US WITHOUT PROVIDING YOU WITH A PRIOR NOTICE IN THIS REGARD.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
This website, the information and materials on the site, and any software made available on the Website, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. In spite of Alliance Ecommerce’ best endeavors, there is no warranty on behalf of Alliance Ecommerce that this Website will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF DAMAGES
In no event shall Alliance Ecommerce or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if Alliance Ecommerce is expressly advised of the possibility of such damages.
The website may contain inaccuracies and typographical and clerical errors. Alliance Ecommerce expressly disclaims any obligation(s) to update this website or any of the materials on this website. Alliance Ecommerce does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Alliance Ecommerce reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Alliance Ecommerce may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.
CHANGES IN TERMS