Terms & Conditions
These Terms & Conditions provide that all disputes between you and E-shopper will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with E-shopper. These Terms & Conditions are also a resource for you to have a deeper understanding of how our Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms & Conditions when you have a question about the Products and Services or want to know how something works. We hope you enjoy your E-shopper experience.
Account Terms Overview You are responsible for using the Products and Services in a private and secure manner. E-shopper is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password. E-shopper can refuse registration or cancel an account at its sole discretion at any time. You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction. You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not exploit the Products and Services to access unauthorized information.
E-shopper reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice. Abuse or excessively frequent requests to the E-shopper website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. E-shopper, at its sole discretion, will determine abuse or excessive usage. E-shopper will make a reasonable attempt via email to warn the account owner prior to suspension. E-shopper owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by E-shopper. For more details, see below the Intellectual Property section of these Terms & Conditions. You are responsible for the security of cardholder data you possess or otherwise store, processes, or transmits on behalf of your customer, or to the extent that you could impact the security of your customer’s cardholder data.
The member who created the E-shopper account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the E-shopper account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting E-shopper Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (for example, the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE E-SHOPPER.CO.ZA ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS & CONDITIONS AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS. Any abuse or threatened abuse of other users of the Products and Services or of E-shopper personnel will result in immediate account termination.
Payment and Fees If you are billed for the Products and Services by one of our partners, its billing terms shall apply. To access any of our Products and Services, you must have access to the Internet and must create an account, either on a free or paid-subscription basis. To use our paid Products and Services, you must have a current valid accepted payment method as indicated during sign-up (“Payment Method”). A valid credit card or Paypal account is required for paid subscription Products and Services.
When you subscribe to paid Products and Services, your credit card or Paypal account will be billed according to current E-shopper rates for the selected subscription plan to prepay usage of Product and Services for the current period. For monthly plans you will be charged subsequently on the same day of each month. If the billing date is the 29th — 31st, and the billing month does not contain this date, then the billing date will be adjusted to the last day of the current calendar month. Annual plan renewals will be charged on same day of the following year to prepay usage of Product and Services for the next annual service period. If you choose to downgrade your subscription by switching to a free subscription plan, E-SHOPPER will change your account immediately. No credit will be applied for the unused portion of service. If you choose to upgrade or downgrade your subscription from one paid plan (“Old Plan”) to another paid plan (“New Plan”), your service will be switched immediately to the New Plan. The payment for the unused portion of service from your Old Plan will be credited toward the price of the New Plan. Your future monthly billing date will always remain the same. If the Plan change is a downgrade, credit will be applied to future months and your next monthly fee will be charged when the credit from the Old Plan has been used. If the Plan change is an upgrade, you will be charged the remaining portion for the current billing period immediately, and subsequent months will be charged on your previously existing billing date. Remaining credit from the current billing period will be calculated based on the number of remaining days in the current billing month. Questions about E-shopper billing are directed to firstname.lastname@example.org and answered within 24 hours, Monday — Friday. E-shopper does not provide refunds for Products and Services. VAT will be calculated based upon the merchant’s home country.
Cancellation and Termination You can cancel your paid subscription to E-SHOPPER Products and Services at any time by downgrading to a free plan. There will be no subsequent charges to your credit card or Paypal account after cancellation. You may terminate your account by selecting “Close my account” option in your account. You need to cancel your paid subscription before you can close your account.
Features and Functionality
The Products and Services include an online shopping cart that can be integrated with your existing website, blog, social network as applicable. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how the Products and Services always will work. We are making constant adjustments to the Products and Services and often these Terms & Conditions do not capture these adjustments completely.
Social Media For members in certain countries, some of the Products and Services, such as our online shopping cart, can be added to your page on social media networks, such as Facebook. BY CONNECTING YOUR E-SHOPPER.CO.ZA ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON E-SHOPPER.CO.ZA). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms & Conditions.
Identity Protection You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your E-shopper account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an E-shopper account, you should notify us at email@example.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information
in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the E-shopper website and not through a hyperlink in an email or any other electronic communication, even if it looks official. E-shopper reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. E-shopper is not obligated to credit or discount a membership for holds placed on the account by either a representative of E-shopper or by the automated processes of E-shopper.
Warranties UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, E-SHOPPER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. E-SHOPPER DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages. IN NO EVENT SHALL E-SHOPPER, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILATIES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARLY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS
Indemnification You shall indemnify E-shopper for damages, costs and attorneys fees that E-shopper incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by E-shopper of any materials provided to E-shopper by you for use in the Products and Services infringe any patent, copyright, trademark, trade secret or other intellectual property right under law. You shall assume the defence of any third party claim with counsel reasonably satisfactory to E-shopper. E-shopper may employ its own counsel in any such case, and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires E-shopper being indemnified to take or refrain from taking any action or purports to obligate E-shopper being indemnified, then you shall not settle such claim without the prior written consent of E-shopper, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION. Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
Intellectual Property Copyright. The Products and Services, including all content included on our user interfaces, or delivered to members as part of the Products and Services, including, but not limited to, source code, data compilations, and software, are the property of E-shopper or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. While the Products and Services include open-source software available for free, the compilation of all content and any software or other materials provided by E-shopper, or in connection with the Products and Services are the exclusive property of E-shopper and its licensors and are protected by the copyright and trade secret laws in the territories in which the Products and Service operate and by international treaty provisions. Content shall not be reproduced or used without express written permission from E-shopper or its licensors. You agree to adhere to the restrictions set forth in these Terms & Conditions. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from E-shopper, not to insert any code or product into or manipulate the content of the Products and Services in any way, and not to use any data mining, data gathering or extraction method. E-shopper reserves the right to terminate your membership hereunder if E-shopper, in its sole and absolute discretion, believes that you are in violation of E-shopper software restrictions, restrictions against copying the Products and Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of E-shopper and its licensors. E-shopper does not promote, foster or condone the copying of third party products or categories or any other infringing activity. While the use of the Products and Services, including demos of online stores, store products and services, are for your commercial use, such items proprietary to third parties are not. Please see the instructions at the end of these Terms & Conditions for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the website, E-shopper.co.za. Trademarks. E-shopper is a registered trademark. The E-shopper logo and E-shopper.co.za are trademarks or service marks of E-shopper. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of E-shopper. The trademarks, service marks and trade dress of E-shopper may not be used or reproduced without prior written approval from E-shopper and may not be used in connection with
any product or service that is not affiliated with E-shopper, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of E-shopper, or in any manner that disparages or discredits E-shopper. Other trademarks that appear on the E-shopper website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by E-shopper. Any images of persons or personalities contained on the E-shopper website and user interfaces are not an indication or endorsement of E-shopper or any particular product or our service unless otherwise indicated. Patents. E-shopper holds patents pending that apply to the Products and Services and our operations.
Use of Information Submitted E-shopper is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the E-shopper website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future. Please note E-shopper does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to E-shopper. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against E-shopper and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service If you need assistance with your account, you can reach us with customer service questions at firstname.lastname@example.org.
Limitations on Use You must be 18 years of age or older to become a member and end user of the Products and Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms & Conditions. While E-shopper does distribute products that may be used by children, the Products and Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, we grant you a limited, non exclusive, non transferable, license to access the Products and Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms & Conditions), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Products and Services, without our express written consent. E-shopper does not promote, foster or condone the copying of third-party content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of E-shopper without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the E-shopper name or trademarks without our express written consent. Any unauthorized use of the Products and Services or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Third Party Apps, Software, Products, Services and Websites E-shopper may from time to time recommend or enable third party apps, software, products, services or websites links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with E-shopper with respect to any third party, any third party’s party apps, software, products, services or websites. These Terms & Conditions do not apply to such third party apps, software, products, services or websites and you should review such third party the agreements relates to such third party apps, software, products, services or websites they may be different than these Terms & Conditions and it is your sole responsibility to comply with such third party terms. Your use or access to any third party’s apps, software, products, services or websites is at your own risk. E-SHOPPER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY APPS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITES AND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD PARTY APPS, SOFTWARE, PRODUCTS SERVICES OR WEBSITES.
Claims of Copyright Infringement It is the policy of E-shopper to respect the intellectual property rights of others. E-shopper does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please view our Copyright Policy for explicit instruction on how to address the issue.
Governing Law These Terms & Conditions shall be governed by and construed in accordance with the laws of South Africa without regard to conflict of laws provisions. If any provision or provisions of these terms shall
be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Arbitration Agreement You and E-shopper agree that any dispute, claim or controversy arising out of or relating in any way to the Products and Services, including our website, user interfaces, these Terms & Conditions and this Arbitration Agreement, shall be determined by binding arbitration in South Africa, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms & Conditions, you and E-shopper are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your E-shopper membership. YOU AND E-SHOPPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and E-shopper agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. END. May 2020.