Terms and Conditions

Last updated: April 22nd 2020

By subscribing or using the services of EC Shops OÜ (or ECShops), you agree to be bound by the following terms and conditions.

The services offered by EC Shops OÜ under the Terms and Conditions include various products and services to help you promote or sell goods and services to online shoppers, or other services. All these services offered by ECShops are referred to in these Terms and Conditions as the "Services".

Any new features or tools added to the current Services will also be subject to the Terms and Conditions. You can review the current version of the Terms and Conditions at any time in the legal section of the ECShops website https://www.ecshops.net/legal/terms-and-conditions.

EC Shops OÜ reserves the right to update and change the Terms and Conditions by posting updates and changes on the ECShops website. You are recommended to check the Terms and Conditions periodically to see if there are any updates or changes that may affect you.

You must read, review and accept all the terms and conditions contained in this agreement, including the ECShops Privacy and Cookie Policy and the ECShops Data Processing Policy before becoming an ECShops user.

1.- Account Terms

You must be of legal age in the jurisdiction where you reside or from where you use this Service.

To access and use the Services, you must register for an ECShops account ("Account") by providing your full legal name, current address, telephone number, a valid email address, and any other information provided as necessary. ECShops may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You acknowledge that ECShops will use the email address you provide as the primary method of communication.

You are responsible for keeping your password secure. ECShops cannot and will not be responsible for any loss or damage due to your failure to maintain the security of your Account and password.

You are responsible for all activity and content, such as photos, images, videos, graphics, written content, audio files, code, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or displayed on or in connection with your account ("Materials").

A violation or violation of any term in the Terms and Conditions, as determined in the sole discretion of ECShops, will result in the immediate termination of your services.

2.- Account activation

2.1 ECShops account

The person who signs up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms and Conditions and will be the person authorized to use any applicable account that we may provide to the Account Owner in connection with the Service.

If you subscribe to the Service on behalf of your employer, your employer will be the Account Owner. By subscribing to the Service on behalf of your employer, you represent and warrant that you have the authority to compel your employer to comply with our Terms and Conditions.

2.2 Payment gateways

For the E-commerce service, you are responsible for securing a contract with a payment gateway company and setting up said gateway on your e-commerce platform within ECShops.

Under no circumstances will ECShops be liable for misuse, incorrect configuration, or problems related to the payment gateway or payment agreements between the merchant and its customers.

2.3 Domain names

When purchasing a domain name through ECShops, the domain registration will be preset to automatically renew every year as long as your ECShops account remains active. You acknowledge that it is your sole responsibility to disable the automatic renewal feature if you choose to do so.

2.4 Complete service

ECShops offers customers the possibility to work in two modes: self-service or full service. In providing the full service, ECShops is responsible for design, domain setup, Website setup, e-commerce or other technologies, business process setup, and more. However, in this mode of service, the Client will have to work closely with the ECShops team of experts to ensure that the project is delivered as requested. For that purpose, the Customer may have to provide certain information to ECShops in due time and manner. Otherwise, ECShops will not be responsible for the deadline or final delivery of the services.

3.- General conditions

Technical support is only provided to holders of paid accounts and is available by email or on the platform intended for that purpose.

The Terms and Conditions shall be governed by and construed in accordance with the laws of the Tallinn Province and the laws of Estonia applicable therein, without regard to the principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Tallinn with respect to any dispute or claim arising out of or in connection with the Terms and Conditions.

You acknowledge and agree that ECShops may modify these Terms and Conditions at any time by posting the amended and reformulated relevant Terms and Conditions on the ECShops website, available at https://www.ecshops.net/legal/terms- and-conditions and such modifications to the Terms and Conditions are effective from the date of publication. Your continued use of the Services after the modified Terms and Conditions are posted on the ECShops website constitutes your review and acceptance of the modified Terms and Conditions. If you do not agree to the changes to the Terms and Conditions, do not continue to use the Service.

You may not use the ECShops service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your client's jurisdiction, or the laws of Estonia and the Province of Tallinn will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service without the express written permission of ECShops.

You should not buy search engines or other pay-per-click keywords (such as Google AdWords), or domain names that use the trademarks of ECShops or ECShops and / or their variations and misspellings.

Questions about the Terms and Conditions should be sent to [email protected].

You understand that your Materials (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted or stored by ECShops, is governed by its privacy policy at https://www.ecshops.net/legal/cookies-and-privacy-policies

The Terms and Conditions may be available in languages ​​other than English. To the extent of any inconsistency or conflict between these Spanish Terms and Conditions and the ECShops Terms and Conditions available in English, the most current English version of the Terms and Conditions at https://www.ecshops.net/legal will prevail. / terms-and-conditions.

All the terms and provisions of the Terms and Conditions will be binding and will benefit the parties to the Terms and Conditions and their respective heirs, successors, authorized assignees and legal representatives. ECShops will be permitted to assign these Terms and Conditions without prior notice or consent from you. You will not have the right to assign or transfer the Terms and Conditions, or any of your rights or obligations hereunder, to a third party without the prior written consent of ECShops, to be granted or withheld at your sole discretion.

4.- ECShops rights

We reserve the right to modify or terminate the Service for any reason, without prior notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but are not required to remove Materials and suspend or cancel Accounts if we determine, in our sole discretion, that the goods or services offered through a store website, or Materials uploaded or posted on a website or store, violate our Terms and Conditions.

Verbal or written abuse of any kind (including threats of abuse or retribution) by any customer, employee, member or officer of ECShops will result in immediate account termination.

ECShops does not pre-evaluate the Materials and, in its sole discretion, may reject or remove any Materials from the Service.

We reserve the right to provide our services to your competitors and we do not promise exclusivity in any particular market segment. Additionally, you acknowledge and agree that ECShops employees and contractors may also be ECShops customers / merchants and that they may compete with you, although they cannot use your confidential information to do so.

In the event of a dispute regarding the ownership of the Account, we reserve the right to request documentation to determine or confirm the ownership of the Account. Documentation may include, but is not limited to, a scanned copy of your business license, a government-issued photo ID, the last four digits of your registered credit card, etc.

ECShops reserves the right to determine, in our sole discretion, the rightful ownership of the Account and to transfer an Account to the rightful owner. If we cannot reasonably determine the legitimate account holder, ECShops reserves the right to temporarily deactivate an account until resolution has been determined between the disputing parties.

5.- Limitation of liability

You expressly understand and agree that ECShops will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the service.

In no event will ECShops or our suppliers be liable for loss of profits or for any special, incidental or consequential damages arising out of or related to our site, our services or these Terms and Conditions (however, including negligence). You agree to indemnify and hold us and (as applicable) our partners, officers, directors, agents, employees and suppliers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents you incorporate by reference, or your violation of any law or the rights of a third party.

Your use of the Service is at your own risk. The Service is provided "as is" and "as available" without any warranty or condition, express, implied or legal.

ECShops does not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

ECShops does not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

ECShops does not guarantee that the quality of the products, services, information or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6.- Waiver and entire agreement

The fact that ECShops does not exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of said right or provision.

The Terms and Conditions, together with other documents incorporated for this purpose, constitute the entire agreement between you and ECShops and govern your use of the Service, superseding any prior agreements between you and ECShops (including, but not limited to, previous versions of the Terms and Conditions. ).

7.- Intellectual property

We do not claim any intellectual property rights over the Materials that you provide to ECShops to perform the service. All materials you upload remain yours. You can delete your ECShops website or store at any time by deleting your account.

By uploading Materials, you agree to: (a) allow other Internet users to view Materials that you publicly post on your store; (b) to allow ECShops to store and, in the case of Materials that you publicly post, display your Materials; and (c) that ECShops may, at any time, review all Materials submitted to its Service, although ECShops is not obligated to do so.

You retain ownership of all Materials that you upload to an ECShops Site; however, by making your website or store public, you agree to allow others to view the Materials you publicly post on it. You are responsible for the Materials' compliance with applicable laws or regulations.

We will not disclose your confidential information to third parties ("Your Confidential Information"), except as necessary in the course of providing our services. Your confidential information includes any material or information that you have provided to us that is not publicly known. Your confidential information does not include information that: (a) was in the public domain at the time we received it; (b) enters the public domain after we receive it through no fault of our own; (c) we receive from someone other than you without breach of our confidentiality obligations; or (d) we are required by law to disclose.

ECShops will have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with its store to promote the Service.

8.- Payment of fees

You will pay the Fees applicable to your subscription to the Online Service (“Subscription Fees”) and any other applicable fees, or Third Party Services (“Additional Fees”). Collectively, the Subscription Fees and Additional Fees are called "Fees".

You must keep a valid credit card on file to pay all incurred and recurring fees. ECShops will charge the applicable Fees to the credit card account you authorize ("Authorized Card"), and ECShops will continue to charge the authorized Card (or any replacement card) for the applicable Fees until the Services are canceled, and all pending fees. have been paid in full. Unless otherwise stated, all fees and other charges are in euros (€), and all payments must be in euros (€).

Subscription fees are paid in advance and will be billed in 30-day intervals (each of those dates a "Billing Date") or, alternatively, they can also be paid annually in advance. Additional fees will be charged from time to time at the discretion of ECShops. You will be charged on each Billing Date for all pending fees that have not been previously charged. The fees will appear on an invoice, which will be sent to the account holder via the email provided. Additionally, an invoice will appear on the Account page of the ECShops administration console. Users have approximately two weeks to mention and resolve any issues with billing for Subscription Fees.

If we are unable to process the payment of Fees using the authorized Card, we will make a second attempt to process the payment using the authorized Card 3 days later. If the second attempt is unsuccessful, we will make a final attempt 3 days after the second attempt. If our final attempt is unsuccessful, we may suspend and revoke access to your Account. Your account will be reactivated upon payment of any outstanding fees, plus the fees applicable to your next billing cycle. You will not be able to access your Account during any suspension period. If pending fees remain unpaid for 45 days after the suspension date, ECShops reserves the right to cancel your Account.

All rates are exclusive of federal, provincial, state, local or other government sales, goods and services, harmonized taxes or other current or future promulgated taxes, fees or charges ("Taxes").

You are responsible for all applicable taxes arising out of or as a result of your subscription or purchase of ECShops products and services. These taxes are based on the rates applicable to the billing address you provide to us. Said amounts are added to the Fees of said products and services and will be billed to your authorized Card. If you are exempt from paying such taxes, you must provide us with proof of your exemption, which in some jurisdictions includes an original certificate that meets applicable legal requirements certifying tax-exempt status. The tax exemption will only apply from the date we receive evidence satisfactory to ECShops of your exemption. If ECShops does not collect taxes from you, you are responsible for determining whether taxes are payable and, if so, self-remitted taxes to the appropriate tax authorities in your jurisdiction.

You must keep your current location in the administration menu of your ECShops store and update your location immediately if you move out of jurisdiction. If you change jurisdiction, you must quickly update your location in the administration menu.

ECShops do not provide refunds.

9.- Cancelation and termination

You can cancel your account at any time by sending an email to [email protected] and then following the specific instructions given to you in the ECShops response.

Upon termination of the Services by either party for any reason:

- ECShops will stop providing the Services and you will no longer be able to access your Account;

- Unless otherwise stated in the Terms and Conditions, you will not be entitled to any refund of any fees, pro rata or otherwise;

- any outstanding balance due to ECShops for your use of the Services up to the effective date of such termination will be immediately payable and payable in full; Y

- your store website will be disconnected.

If you purchased a domain name through ECShops, canceling your domain will no longer automatically renew. After cancellation, it will be your responsibility to handle all matters related to your domain with the domain provider.

If on the date of termination of the Service, you must pay a pending Fee, you will receive a final invoice by email. Once the invoice has been paid in full, you will not be charged again.

We reserve the right to modify or cancel the ECShops Service or your Account for any reason, without prior notice at any time.

Fraud: Without limiting other remedies, ECShops may suspend or terminate your Account if we suspect that you (by conviction, liquidation, insurance investigation or escrow, or otherwise) have engaged in fraudulent activities in connection with the Site.

10.- Services and price modifications

The prices for the use of the Services are subject to change with a 30-day notice from ECShops. Such notification can be provided at any time by email, by posting the changes on the ECShops site (ecshops.net) or in the administration menu of your ECShops store by posting.

ECShops reserves the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without prior notice.

ECShops will not be liable to you or to any third party for any modification, price change, suspension or interruption of the Service.

11.- Third party services

From time to time, ECShops may recommend, provide access to or enable software, applications ("Applications"), products, services or links to third party websites (collectively, "Third Party Services") for your consideration or use. Such Third Party Services are available for your convenience only, and your purchase, access or use of such Third Party Services is solely between you and the applicable third party service provider ("Third Party Provider"). In addition to these Terms and Conditions, you also agree to be bound by additional service-specific terms applicable to services that you purchase or that are provided by third-party Providers.

Any use you make of the Third Party Services offered through the Services is at your own risk and discretion, and it is your responsibility to read the terms and conditions and / or privacy policies applicable to such Third Party Services before using them. In some cases, ECShops may receive a revenue share from third-party providers that ECShops recommends to you or that you otherwise undertake through your use of the ECShops website or services.

We do not provide any warranties with respect to Third Party Services. You acknowledge that ECShops has no control over Third Party Services and will not be liable to anyone for such Third Party Services. The availability of Third Party Services on the ECShops websites, or the integration or enablement of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship or affiliation by ECShops. ECShops does not guarantee the availability of Third Party Services and you acknowledge that ECShops may disable access to Third Party Services at any time in its sole discretion and without prior notice.

ECShops is not responsible to anyone for the interruption or suspension of access to any Third Party Service or the deactivation of it. ECShops strongly recommends that you seek expert advice before using or relying on Third Party Services, to ensure that they meet your needs. In particular, the tax calculators should be used for reference only and not as a substitute for independent tax advice when evaluating the correct tax rates to charge your clients.

If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and take any other action that is necessary for the interoperation of the Third Party Service with the Services, and Any data exchange or other interaction between you and the Third Party Provider is solely between you and that Third Party Provider. ECShops is not responsible for any disclosure, modification or deletion of your data or other Materials, nor for any corresponding loss or damage that you may suffer, as a result of a Third Party Service or Third Party Provider's access to your data or other Materials.

Google Maps is a third-party Service that can be used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, the Google Maps and Google Earth Additional Terms and Conditions, and the Google Privacy Policy, as Google may change it from time to time.

The relationship between you and any Third Party Provider is strictly between you and that Third Party Provider, and ECShops is not obligated to intervene in any dispute that arises between you and a Third Party Provider.

Under no circumstances will ECShops be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages resulting from Third Party Services or from your contractual relationship with a Third Party Provider, including any expert. These limitations will apply even if ECShops has been informed of the possibility of such damages. The above limitations will apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold harmless us and ECShops 'partners, officers, directors, agents, employees and suppliers from any claim or demand, including reasonable attorneys' fees, arising out of the use of a Third Party Service or your relationship with a Third Party Provider.

12.- Services in beta version

From time to time, ECShops may, in its sole discretion, invite you to use, on a trial basis, preliminary or beta features that are in development and not yet available to all customers / partners ("Beta Services"). The Beta Services may be subject to additional terms and conditions, which will be provided by ECShops to you prior to your use of the Beta Services. Such Beta Services and all related conversations and materials will be deemed ECShops Confidential Information and will be subject to the confidentiality provisions of this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or disclose your participation in the Beta Services without the prior written consent of ECShops. ECShops does not guarantee that the Beta Services will work. ECShops may suspend the Beta Services at any time in its sole discretion. ECShops will not be liable for any damage or damage arising out of or related to a Beta Service. Beta Services may not work in the same way as a final version. ECShops may change or not release a final or commercial version of a Beta Service at our sole discretion.

13.- Comments and reviews

ECShops welcomes any ideas and / or suggestions regarding improvements to the Services. Under no circumstances will disclosure of any ideas, suggestions or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Comments") to ECShops be subject to any obligation of confidentiality or expectation of compensation. By submitting comments to ECShops, you waive any and all rights in the comments and that ECShops is free to implement and use the comments if it wishes, as provided by you or modified by ECShops, without obtaining permission or license from you. or any third party. Any review of a Third Party Service or Third Party Provider that you submit to ECShops must be accurate to the best of your knowledge and belief and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights. , or otherwise harmful to third parties or objectionable. ECShops reserves the right (but not the obligation) to delete or edit Third Party or Third Party Service Comments but does not regularly inspect the comments posted.

14.- DMCA notice and teardown procedure

ECShops supports the protection of intellectual property and asks ECShops customers to do the same. It is our policy to respond to all notices of suspected copyright infringement. If someone believes that one of our clients is infringing their intellectual property rights, they can send a DMCA Notice to the designated agent of ECShops using our form. Upon receipt of a DMCA Notice, we may remove or disable access to Materials that are considered copyright infringement. Once a takedown notice is provided, the customer can respond with a counter notification using our form if they object to the complaint. The original plaintiff has 14 business days after receiving a counter-notification to request a court order preventing the defendant from engaging in the infringing activity, otherwise we will restore the material. For more information, send an email to [email protected].

15.- Confidential information

While using the Services, you may receive information related to us, or the Services, that is not known to the general public ("ECShops Confidential Information"). You agree that: (a) ECShops confidential information will remain the exclusive property of ECShops; (b) use ECShops Confidential Information only when reasonably necessary for your use or participation in the Services; (c) you will not disclose confidential information of ECShops to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protection of the confidential information of ECShops such as contained in these Terms and Conditions; and (d) will take all reasonable steps to protect ECShops Confidential Information against any use or disclosure that is not expressly permitted in these Terms and Conditions.

16.- Privacy and data protection

ECShops is firmly committed to protecting the privacy of your personal information and the personal information of its customers. By using the Services, you acknowledge and agree that the collection, use, and disclosure of this personal information by ECShops are governed by our Privacy Policy. Also, if: (a) you are established in the European Economic Area (EEA); (b) provide goods or services to customers in the EEA; or (c) is subject to the requirements of the EU General Data Protection Regulation, the collection of ECShops and the use of personal information of any European resident are also subject to special clauses in our Privacy section.

17.- Hateful activities

Although ECShops believes that the free and open exchange of ideas and products is a key principle of trade, there are some activities that are inconsistent with our mission to facilitate trade for all. Therefore, some activities related to your use of the services are prohibited, they can be found in the following list:

Child exploitation: You may not offer goods or services, or post or upload materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual way.

Harassment, intimidation, defamation, and threats: You may not offer goods or services, or post or upload Materials that harass, intimidate, defame, or threaten a specific individual.

Hateful Content: You may not use the Services to promote or condone hatred or violence against people based on race, ethnicity, color, national origin, religion, age, sex, sexual orientation, disability, medical condition, veteran status, or otherwise. forms of discrimination. intolerance. You may not use the Services to promote or support organizations, platforms or individuals that: (i) promote or tolerate such hatred; or (ii) threaten or condone violence to further a cause.

Illegal Activities: You may not offer goods or services, or post or upload Materials that contravene or facilitate or promote activities that contravene the laws of the jurisdictions in which you operate or do business.

Intellectual Property: You may not offer goods or services, or post or upload Materials that infringe the copyrights or trademarks of others.

Malicious and Deceptive Practices: You may not use the Services to transmit malware or host phishing pages. You may not carry out activities or upload or distribute Materials that damage or disrupt the operation of the Services or other infrastructure of ECShops or others, including external providers of ECShops. You may not use the Services for deceptive business practices or any other illegal or deceptive activity.

Personal and Confidential Information: You may not post or upload any Materials that contain personally identifiable information, confidential personal information, or confidential information, such as credit card numbers, confidential national identification numbers, or account passwords, unless you have the consent of the person to whom the information belongs or who is authorized to provide such consent.

Restricted Items: You may not offer goods or services that are, or appear to be, restricted items.

Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.

Spam: You may not use the Services to transmit unsolicited commercial electronic messages.

Terrorist Organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding, or membership in a terrorist organization.

We may, at any time and without notice, remove any Materials and suspend or terminate your Account or your access to the Services if you engage in activities that violate these policies, including activities outside of your use of the Services.

EC Shops OÜ: Harju maakond, Tallinn, Kesklinna linnaosa, Kiriku tn 6, 10130 Estonia