1. Grant of Shopaccino Ecommerce platform

    By accepting these Terms, or by accessing or using the Shopaccino Ecommerce platform, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering with the Shopaccino Ecommerce platform is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Shopaccino Ecommerce platform.

    You acknowledge that these Terms constitute a contract between You and Shopaccino, even though it is electronic and is not physically signed by You and Shopaccino, and that these Terms govern Your use of the Shopaccino Ecommerce platform and supersede any prior agreements between You and Shopaccino.

  2. Shopaccino Ecommerce platform

    Shopaccino Ecommerce platform includes web based software where You can create your online Ecommerce store and the related support services provided to You, including store, dummy text, images and other content provided by Shopaccino. Any new features added to or augmenting Shopaccino Ecommerce platform and related services are also subject to these Terms.

  3. Verification of account / identity

    We use many techniques to identify You when You register on the Shopaccino. To comply with legislative requirements, and global sanctions, we screen our customer accounts and may collect information from You to satisfy such requirements and sanctions. We may request that You provide us with documentation to help prove Your identity for business verification purposes if required. Under these terms of use, You authorize Shopaccino, directly or through third parties, to make any inquiries we consider necessary to validate you and your account registration.

  4. Store and store admin security

    While registration, you must created username and password to login into your store admin. You are responsible for entering a unique password in order to gain access to your store admin. All users who access the Shopaccino Ecommerce platform do so with User account(s), which are created by them at the time of sin up at Shopaccino website. You are responsible for maintaining the confidentiality of your user account information and your password. You agree to accept responsibility for all activities and changes to data that occur under your user account(s) or password(s).

  5. Content at your store

    You are solely responsible for the accuracy of the content displayed at your store created at  Shopaccino. You agree to indemnify Shopaccino, its related companies, officers, employees and its suppliers against liability or loss arising from, and cost incurred in connection with any content entered into Shopaccino Ecommerce platform under your store account

  6. Software Interruption

    Shopaccino may make changes to the Shopaccino Ecommerce platform from time to time. Should changes be made to any module of the system that could affect your store operation. You may or may not be notified of such change.

    To apply upgrades and other changes to the Software, Shopaccino Ecommerce platform may be made temporarily unavailable. To minimize impact to your usage of the system, Shopaccino will attempt to make any outages as short as possible and at a time of day where system usage is at its minimum.

  7. Fees Payment

    The Shopaccino service is made available on a pay-as-you-go basis. All first time accounts come with an initial 30-day free trial period. The Shopaccino service is billed to you on a monthly, quarterly or yearly basis depends on plan period you selected and is non refundable.

    For any upgrade in plan level part way through the month, you will be charged a pro-rated amount for the current month, and then the amended fee from the following month onwards. There is no option to downgrade your account. If you delete your account in any case, Shopaccino does not accept any liability for deletion of your account or its entire data.
    Prices of all services, including but not limited to monthly fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. Your Shopaccino store account may be suspended or terminated if you do not pay the fees as they fall due.

  8. Service Confirmation

    After subscribing to Shopaccino Ecommerce platform online, you will receive an email confirmation for registration containing your username and password for your store admin (if you have provided your correct email address).

    If you wish to query access to your service, please email at: wecare@shopaccino.com

  9. Property Rights

    You acknowledge and agree that Shopaccino owns all right, title and interests in and to the Shopaccino Ecommerce platform that accompanying documentation and printed materials, and any copies of the Shopaccino Ecommerce platform. Shopaccino does not grant You any right, title or interest in or to the Shopaccino Ecommerce platform.

    The URLs representing the Shopaccino website (s), and all related logos of our products and services described in our website(s) and in admin are either subject to copyright, trademark or existing registered trademark ownership by Shopaccino and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shopaccino.

  10. Disclaimer and Warranties

    Shopaccino makes no warranties hereunder, and Shopaccino expressly disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Shopaccino further disclaims all representations and warranties, express or implied, that the platforms do not infringe or otherwise violate any intellectual property or other proprietary right of any third party in any jurisdiction, including, but not limited to, the territory. You understands and agrees that the platforms may not satisfy all of your requirements and may not be uninterrupted or error-free.

  11. Limitation of Liability

    Shopaccino shall have no liability with respect to the platforms or its obligations under this agreement or otherwise for any indirect, consequential, exemplary, special, incidental or punitive damages even if Shopaccino has been advised of the possibility of such damages. In any event, Shopaccino’s liability to you under this agreement for any reason will be limited to the amounts paid to you by Shopaccino which you were paid as subscription fee during the six (6) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of terms os service, breach of warranty, negligence, strict liability, misrepresentations, and other torts.

    To the extent permitted by law, Shopaccino expressly excludes:

    1. all conditions, warranties and other terms whether expressed or which might otherwise be implied by common law;
    2. any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
    3. loss of profit;
    4. loss of income or revenue;
    5. loss of business or contracts;
    6. loss of data;
    7. loss of goodwill and reputation;
    8. loss of expectation;
    9. loss of opportunity; or
    10. loss arising out of or in connection with wasted management or office time;

    arising and whether caused by tort (including negligence), breach of terms of service or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
    Nothing in these Terms shall serve to limit or exclude Shopaccino’s liability for death or personal injury resulting from Shopaccino’s negligence or any liability for fraudulent misrepresentation.

  12. Assignment of agreement

    Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements accepted by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We may or may not be notify You of such changes and direct You to the latest version.

  13. Severability

    If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

  14. Indemnification

    • Your Indemnification

      You agrees to indemnify, defend and hold harmless Shopaccino and any Shopaccino Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the “Indemnified Party”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Breach of any representation, warranty, obligation or covenant under this Agreement by you; (b) Gross negligence or willful misconduct by you; or ( c) any warranty, condition, representation, indemnity or guarantee relating to Shopaccino and Shopaccino Related Entities granted by you to any other third party.

    • Notice of Indemnification.

      In claiming any indemnification hereunder, the Indemnified Party shall promptly provide you with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that you shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party’s written consent, which shall not be unreasonably withheld.

  15. Confidentiality

    Shopaccino acknowledges that, in the course of its performance of this Agreement, it may become privy to certain information that You deem as being proprietary and confidential. Confidential Information means any information of Yours that is by its nature is confidential or is designated by You as confidential. Shopaccino agrees that it will use Your Confidential Information solely for the purposes of the provision of the Shopaccino service to You and will not disclose Your Confidential Information, directly or indirectly, to any third party without Your prior written consent.

  16. Termination of service

    Shopaccino reserves the right to terminate Your access to the Shopaccino Ecommerce Software at any time for any reason. Shopaccino shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service. If You breach any of the terms of this agreement Shopaccino reserves the right to terminate Your access to the Shopaccino Ecommerce Software immediately on becoming aware of such breach.

  17. Cancellation Policy

    You can cancel your subscription plan any time. If you want to cancel your subscription plan prior to your subscription renewal date, you can delete your store by login into your store admin or you can send store subscription cancellation request by emailing us at wecare@shopaccino.com

    If you choose to terminate your store subscription prior to the end of your plan subscription, no refunds or no credits will be provided for payment you made for your store subscription. At the time of termination or after the termination, Shopaccino reserves the right to delete all your store content and related details of your store. Your content cannot be recovered once your Subscription is cancelled.

  18. Survival Note

    Intellectual Property Rights, Cancellation and Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Assignment; Entire Agreement; Revisions, Severability, and Governing Law will survive any termination of these Terms.

  19. Governing Law

    This Agreement shall be governed, construed and enforced in accordance with the laws of Republic of India. Each Party agrees that any legal action, proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be brought and prosecuted only in a court of Jaipur territory, and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum.

    Shopaccino is a product of I Solution Microsystems Private Limited (CIN: U72200RJ2009PTC030152)