1. Introduction Click to expand Click to collapse
The My Online Shop product was previously called 'My Shop in a Box' and these terms and conditions apply to the product purchased under that name as well.
2. My Online Shop product Click to expand Click to collapse
My Online Shop provides self help tools, templates, wizards and resources to manage an online store, process orders and sell products online and other services. We have no control over or responsibility for the content or outcomes of your online store.
You use My Online Shop at your own risk.
3. Access to My Online Shop Click to expand Click to collapse
My Online Shop and any content, data, graphics, photographs, images, software, trademarks, trade names and other information contained in My Online Shop (Content) are owned or licensed by Us and are protected by Australian and international copyright and trade mark laws.
You are solely responsible for ensuring that you comply with all applicable domestic and international laws, statutes, ordinances and regulations (including without limitation privacy and intellectual property laws) regarding your use of My Online Shop and any of Our services. In addition, you shall be responsible for paying any and all taxes applicable to your use of My Online Shop.
We may, at our sole discretion change or cease, temporarily or permanently, any element of the product or services offered through My Online Shop at any time, including but not limited to introducing new Content, or supplementing, changing or discontinuing any part of the current Content. We reserve the right to refuse, terminate or suspend the use of the product by anyone, for any reason, at any time. While We endeavour to take reasonable care in preparing and maintaining the information and Content in My Online Shop, we do not warrant the accuracy, reliability, adequacy or completeness of any of the Content. You acknowledge and accept that the Content may include technical inaccuracies and typographical errors. The Content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
We do not warrant that use of the My Online Shop product will be uninterrupted, timely, secure or error free.
4. Requirements and eligibility for My Online Shop Click to expand Click to collapse
My Online Shop is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law, or who are under the supervision of a parent or guardian who is at least 18 years of age. You represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or cancel use of My Online Shop to any person or entity and change its eligibility criteria at any time.
It is your responsibility to keep your account secure. You will be liable for, and indemnify Us from any loss or damage resulting from your failure to maintain password confidentiality or otherwise keep your account secure. You agree to immediately notify Us of any unauthorised use of your password or any breach of security.
It is your responsibility to keep your account information up-to-date and accurate at all times. In order to use My Online Shop you must provide the information requested during the sign up process. You must not transfer or sell your My Online Shop account or user ID to another party.
It is your responsibility to enquire directly with Us to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law We disclaim all liability for loss directly or indirectly arising from your use of or reliance on My Online Shop.
5. Your My Online Shop content Click to expand Click to collapse
You are responsible for ensuring that the content you supply on My Online Shop (Material) will not:
a) be unlawful, obscene, harmful, of bad taste or otherwise inappropriate;
b) be false, misleading or inaccurate, or otherwise contravene the Competition and Consumer Act (Cth) 2010;
c) be fraudulent or involve the sale of illegal, counterfeit or stolen goods;
d) infringe upon any third-party's intellectual property rights;
e) be defamatory or offensive; or
f) modify, adapt or hack My Online Shop or any associated website or application store.
You are responsible for, and assume all liability arising from, your use of My Online Shop. You undertake to indemnify Us for any third party claims relating to any Material (including any intellectual property infringement claims). Without limiting any other remedies, We have the right to remove or delete any content that we consider to be inappropriate, at our absolute discretion, without consultation with you. By using My Online Shop, you consent to such removal or deletion.
6. Limitation of liability and indemnity Click to expand Click to collapse
We do not make any representation or warranty (express or implied) in respect of My Online Shop. To the maximum extent permitted by law We exclude completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with My Online Shop and its use or performance.
We do not guarantee that access to My Online Shop will be uninterrupted or that My Online Shop or any associated website or application store is free from viruses or anything else which may damage any device which accesses My Online Shop or any data on such a device.
You agree to indemnify Us and our officers, agents and employees (Indemnified Parties) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:
a) your use of My Online Shop or any content you submit through My Online Shop;
c) your breach of any applicable law.
7. Fees and renewal Click to expand Click to collapse
All shopping cart software fees are payable in advance on the first day of the calendar month.
The term of your subscription to the My Online Shop commences upon your purchase. The first month's shopping cart software fees will be pro-rated for the remainder of the month in which the term of your subscription begins.
You must provide valid credit card or direct debit details to facilitate payment when setting up the account and must ensure those payment details are kept current.
Your credit card or direct debit account will be used to process the payment on the first day of the month unless the account is terminated 5 business days before the next payment is due.
Other fees, such as domain name registration, are automatically payable annually upon your purchase or first use of the product.
8. Changes to the product and fees Click to expand Click to collapse
Fees for using My Online Shop are subject to change upon 14 days notice from My Online Shop. Such notice may be provided at any time by posting the changes to the My Online Shop website or the administration menu of your My Online Shop store via an announcement.
We reserve the right at any time to modify or discontinue My Online Shop (or any part thereof) with or without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the product.
9. Cancellation of your account by you Click to expand Click to collapse
You may terminate your account at any time by sending an email message to email@example.com or by sending written notice to My Online Shop, PO Box 190, Flinders Lane, Melbourne, 3000.
A cancellation email is not considered valid until acknowledged by us.
This email message or written notice must be received 5 business days before the next payment is due (first day of the next month).
No refunds will be payable by us for the remainder of the month during which the account is terminated.
No refunds will be payable for any remaining months paid in advance for other services, such as hosting or domain name registration.
Upon the termination of your account, We may delete any archived data by the end of the calendar month of the month of the termination.
10. Cancellation of your account by us Click to expand Click to collapse
We may terminate your account or cancel access to My Online Shop at any time with or without cause, and with or without notice. We shall have no liability to you or any third party because of such termination.
11. Back up Click to expand Click to collapse
IT IS SOLELY YOUR DUTY AND RESPONSIBILITY TO BACKUP YOUR FILES AND DATA ON MY ONLINE SHOP SERVERS, AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND FOR LOSS OF YOUR FILES AND/OR DATA ON ANY MY ONLINE SHOP SERVER.
12. Back up storage Click to expand Click to collapse
We provide My Online Shop to host ecommerce web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in immediate termination of your account and access to My Online Shop without notice.
13. GST Click to expand Click to collapse
14. My Online Shop and ePages End User License Agreement and Terms and Conditions Click to expand Click to collapse
15. Severance Click to expand Click to collapse
16. Jurisdiction Click to expand Click to collapse