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Terms and Conditions

 

General conditions

Accessing or visiting www.webshopassist.com implies acceptance of the terms and conditions below. In order to be informed about all the conditions of use of this site, please go through all of the following sections. WebShopAssist reserves the right to make changes and updates to these terms and conditions, as well as to the offer, without prior notice and no explanation of reasons; WebShopAssist reserves the right to correct any omissions or display errors that may result from typing errors, lack of accuracy or errors in software products without prior notice.

The description of the services available on www.webshopassist.com (through images, video, etc.) is not a contractual obligation from WebShopAssist, which is used exclusively as a presentation.

For justified reasons, WebShopAssist reserves the right to restrict customer / user access if it believes that its actions could be prejudicial to WebShopAssist.

Affiliate disclosure: Some of the links in the site are affiliate links, at no additional cost to you. If you click on these links we will earn a commission from Shopify, if you decide to use the Shopify platform.

Please read the terms and conditions carefully each time you use this site. Continued use of the site implies acceptance of the changes made. All content on www.webshopassist.com is WebShopAssist property and is protected by copyright law. The use without WebshopAssist's written permission of any elements found on the site, even if these elements bear the protection markings, entails the consequences provided by the legislation in force. In order to notify us of any copyright infringement, you can contact us using the contact form.

You understand that your content, 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 agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Level of Service

WebShopAssist manages its Website and Services actively and continuously in order to detect and resolve any issues immediately. 
WebShopAssist has a 99% service level.

Third party systems and services

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools or unavailability of these systems.

Any use by you of the systems offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which services are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Support

Support Services include the following items: 
– Technical support via email at the following email address [email protected] Technical support is strictly limited to integration and implementation of WebShopAssist Software and does not include questions concerning Shopify configuration.  
– WebShopAssist will use all of its resources to provide high-quality technical service by email, but this does not guarantee any specific response time 
– Access to the most current documentation on the Website, including tutorials

 

Subscription Conditions

The applications can be accessed in the form of a subscription (hereinafter referred to as the “Subscription”).

The Subscription starts on the day of subscription and it is then tacitly renewed for the following (1) month period, from date to date, unless a cancellation request is made by WebShopAssist or the User, and sent in the manner described below.

Users can cancel their Subscription no later than the day before the end of the month for the current Subscription.

The Client is informed and acknowledged that the Subscription can be cancelled by WebShopAssist with a minimum notice of one (1) week as soon as WebShopAssist can demonstrate the violation of one of these terms.

The Subscription cancellation is effective after the end of the last month of the Subscription and results in automatic deletion of the User’s account, as well as all of the stored and indexed data. 

The Subscription reports to a single application, in its web format.

The User agrees not to use the Services for any application other than that for which the Subscription was originally subscribed.

Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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

Changing to a Higher or Lower Subscription Level

The User can change their subscription to a Higher or Lower level at any time from the app’s user interface. 

Obligations of the Users 

Without neglecting any of the other obligations listed in these Terms of Use, the Users agree to comply with the following obligations:

·         The User agrees to follow the laws and regulations in effect in Romania when using the WebShopAssist Service, as well those of any other country in which the User accesses the service. The Users also agree not to jeopardize the rights of third parties or the public order. They are solely responsible for Content of any kind whatsoever. As such, WebShopAssist cannot be held liable in any event.

·         Each User is individually liable for carrying out all reporting formalities and obligations concerning them and which could come from using the Services. WebShopAssist cannot be held liable in any way.

·         The Users acknowledge having read and understood the characteristics and constraints on the Website, particularly those of a technical nature, of all Services. Each User is fully responsible for their use of the Services.

·         The Users agree to use the Services themselves, personally, and for their own Applications. They should sub-license, delegate, or assign all or part of their rights governed by these Terms of Use to third parties.

·         Each User is solely responsible for all Content of any kind (editorial graphic, audio-visual, or other), generate by the User or users of the application, and present in this Application.

Each User guarantees WebShopAssist that they have all of the necessary rights and authorizations to store, index, and use this Content.

The Users agree that their Content is legal, does not threaten the public order, does not conflict with the standards of public decency, and, more generally, does not jeopardize WebShopAssist’s civil or criminal liability. 

User Guarantees

Each User guarantees and agrees to defend, indemnify, and leave WebShopAssist free from and against all demands, complaints, actions, and/or grievances, that WebShopAssist might suffer as a result of the User failing to meet their obligations as defined in these Terms of Use. 

The Users agree to indemnify WebShopAssist for all harm it could undergo and pay all fees, penalties, fines and/or sentences that WebShopAssist may incur due to such a breach.

Prohibitions

·         Using the services to conduct illegal or fraudulent activities in violation of the rights and safety of others or which could be harmful to others is strictly forbidden.

·         Users are strictly forbidden from copying and/or using the concept, technology, or any element of the WebShopAssist Website or Software for their own interest or that of a third party.

·         Earning money by selling or assigning all or part of the access to the Services, Website, or information hosted and/or shared on the Website is strictly forbidden.

Penalties

In the event a User fails to comply with any of the terms in the Terms of Use, or more generally, violates the laws in effect, WebShopAssist reserves the right to take any appropriate actions, in particular to:

i. Suspend access to Services for any User who failed to comply or played a part in the breach of legal obligations or violated the laws in effect, 
ii. Notify the appropriate authorities, 

In the event a User violates a material obligation listed in these Terms of Use, WebShopAssist reserves the right to immediately cancel the User’s access to all or part of the Services with immediate effect by letter, fax or email.

The cancellation will result in immediate deletion of the User’s account, as well as all of their stored Content, without prejudice to other consequences set forth in these Terms of Use.

WebShopAssist’s Responsibility and Guarantee

WebShopAssist pledges to deliver Services that are operational and compliant with commercial practices, while specifying that WebShopAssist has an obligation of means and not a performance obligation, and this is expressly understood and accepted by the User.

WebShopAssist’s operation and involvement is limited to the provision of the Services described in the application’s page from the Shopify apps store.

WebShopAssist is not, under any circumstances, the owner or in charge of monitoring the Content that is stored and indexed as part of the Services Therefore, WebShopAssist cannot be held responsible for this Content, insofar as WebShopAssist is operating only as hosting provider. The User certifies and accepts that WebShopAssist can delete any Content from the Services that is clearly identified as illegal and which was brought to WebShopAssist’s attention, particularly in the event of a request by a third party. 

WebShopAssist agrees to take all appropriate measures to protect the security and confidentiality of the Content that has been stored and indexed, while preventing access to this Content from all unauthorized third parties.

WebShopAssist does not guarantee to the Users (I) that the Services, which are the subject of continuous research on performance improvement and development, are without errors or “bugs,” (ii) that the Services, standardized by nature and not provided specifically to a given User based on their own personal constraints, will be able to precisely and specifically meet all of the specific needs and expectations of this User.

In any case, any liability that can be attributed to WebShopAssist as part of this agreement is solely and expressly limited to real and direct damages suffered by the Users and cannot exceed the total amount paid by the User during the year prior to these damages.

Errors, Inaccuracies, & Omissions

Our Website may contain typographical errors, inaccuracies, or omissions that may relate to our offerings, promotions, packages, programs, events, and materials.  We do not warrant the accuracy, completeness, or usefulness of this information.  We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about our offerings, promotions, packages, programs, events, or materials on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).

We do not take on any obligation to update, amend, or clarify information on the Website or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

Intellectual Property

WebShopAssist is the exclusive owner of the intellectual property rights on the website, and particularly the documents, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Website as well as the databases it produces.

All of these intellectual creations are protected under worldwide copyright, trademark law, patent law, the sui generis database right, and image rights.

To this end, and in accordance with the provisions of the Intellectual Property Code, only use of the Website or Application for private use subject to differing or even more restrictive provisions than this code, is permissible.

Any other use constitutes infringement and is sanctioned under Intellectual Property unless authorized by WebShopAssist in advance.

Any type of full or partial copy, extraction or reproduction of the Website is strictly prohibited without prior written authorization.

WebShopAssist is the sole owner of all intellectual property rights in connection with the Software or a portion of it. 

The User will only be granted a revocable, non-transferable, non-exclusive license that cannot be used to sub-license the Software, the sole purpose of which is to provide the Services within the limits and conditions set forth by these Terms of Use, and for the term of the User’s Subscription.

Consequently, the User agrees not to copy all or part of the Software, for any reason and by any means, or to use the Software in a manner not listed in the license above. The User also agrees to never process to any de-compiling actions on the Software.

Warranty disclaimer

Our website, and the information on or available through our website, are provided on an “as is” basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  We do not guarantee, represent or warrant that your use of our website, will be uninterrupted, timely, secure, or error-free.  We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.  You agree that from time to time we may remove the website for indefinite periods of time or cancel them at any time without notice to you.  To the fullest extent permitted by law, we exclude all representations and warranties relating to our website, or related content, for which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in our website and/or our literature.

In no case shall we, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, damage caused to your computer, computer software, systems and programs and the data thereon, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise arising from your use of the website or in any way related to the website, including but not limited to any errors or omissions in any use of the website or any content or product posted, transmitted, or otherwise made available.  In any event, the aggregate liability of us and our affiliates and our service providers under these terms & conditions shall not exceed five hundred USD ($500.00).  

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Commercial References

The Users authorize WebShopAssist to cite and use their trade name and logo, in an appropriate manner, as a commercial reference, in particular during events, in its commercial documents, and on its website, in any format whatsoever.

Amendments

WebShopAssist reserves the right to amend these Terms of Use at any time. 

Once effective, the amended version of the Terms of Use applies upon renewal of the Subscription.

Any User who does not accept the amended version of the Terms of Use must cancel their Service Subscription under the terms set forth in this document.

Users who continue to use the Services after the amended version of the Terms of Use has become effective will be considered to have accepted these amendments. 

Mediation and Litigations

These Terms of Use are governed by Romanian law.

If no amicable agreement can be reached, any problems related to their interpretation or validation as well as any dispute against WebShopAssist will be under the exclusive jurisdiction of the Romanian relevant courts.

Effective Date

These Terms of Use become effective on 01/03/2021

These terms are applicable during the entire period you are navigating and accessing the Website and throughout your use of the applications.

WebShopAssist reserves the right to modify these terms at any time. You will have reasonable notice before any updated terms are applied unless the amendments are due to legal or administrative obligations.

Any change will take effect upon their publication. You agree that you have been advised that terms are updated by their publication on the Website.

Contact

For any additional information you can contact us using the contact form.