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Terms

Our purpose

Our services offer our users the ability to easily create a beautiful and highly functional online presence, manage and promote activities, content and ideas, and have a great overall experience doing so, without being a technology expert or design guru. As detailed below, we offer our users numerous tools and features for creating, publishing and using extraordinary websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile applications, tools and services . The websites and online and mobile platforms created by Users are collectively referred to herein as (" User Platform(s) "). 

1. Account Terms

In order to access and use the Services, you must register for a VooService account ("Account") by providing your full biographical name, current address, telephone number, a valid email address, and any other information indicated as required. VooService may reject your request for an Account or cancel an existing Account, for any reason, in our sole discretion.

You must be between: (i) 18 years of age or (ii) at least the age of majority in the jurisdiction in which you reside and from which you use the Services to open an Account.

You confirm that you are receiving any Services provided by VooService for the purpose of conducting business and not for personal, household or family purposes.

You acknowledge that VooService will use the email address you provide upon opening an Account or as updated by you from time to time as the primary method of communicating with you. You must monitor the primary Account email address you provide to VooService, and your primary Account email address must be capable of both sending and receiving messages. Your email communications with VooService can only be authenticated if they originate from your Primary Account email address.

You are responsible for the security of your password. VooService cannot and will not be liable for any loss or damage resulting from your failure to maintain the security of your Account and password.

You acknowledge that you are responsible for the creation and operation of your VooService Store.

VooService is not a marketplace. Any sales contract through your VooService store is directly between you and the buyer.

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

A breach or violation of any term in the Terms of Service, including the AUP, as determined in VooService's sole discretion may result in immediate termination of your Services.

WHAT IT MEANS

You are responsible for your Account and any Materials you upload to the VooService. Remember that if you violate these terms we may cancel your service.

If we need to contact you, we will send you an email.

2. Account activation

2.1 Store owner

Subject to Section 2.1(2), the person who signs up for the Service by opening an Account will be the contracting party ("Store Owner") for purposes of our Terms of Service and will be the person authorized to use any Account that we may provide to the Store Owner in connection with the Service. It is your responsibility to ensure that the Store Owner's name (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store's website.

If you sign up for the Services on behalf of your employer, your employer will be the Store Owner. If you sign up for the Services on behalf of your employer, you must use the email address provided by your employer and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Your VooService store can only be associated with one store owner. A store owner may have multiple VooService stores. "Store" means the online store or physical stores associated with the Account.

2.2 Personnel accounts

Depending on your VooService pricing plan, you can create one or more staff accounts ("Staff Accounts") allowing other people to access the account. With Staff Accounts, the store owner can set permissions and allow other people to work in their account, determining the level of access by Staff Accounts to specific company information (for example, you can restrict Staff Account access to sales information on the Reports page or prevent Staff Accounts from editing general store settings).

Store Owner shall be liable for the acts, omissions, and defaults resulting from the use of Staff Accounts in the performance of its obligations under these Terms of Service as if they were acts, omissions, or defaults of Store Owner.

The Store Owner and the users in the Staff Accounts are each referred to as "VooService User".

2.3 PayPal Express Checkout and VooService Payment Accounts

Upon completion of your registration for the Service, VooService will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location.

You acknowledge that PayPal Express Checkout will be your default payment gateways and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to maintain either of these payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 17 of these Terms of Service.

2.4 Apple Pay Account for Safari

Upon completion of your registration for the Service, VooService will create an Apple Pay account for Safari ("Apple Pay") on your behalf, using the URLs and business name associated with your Account. Depending on your location, VooService may activate your Apple Pay account on your behalf, otherwise you will be prompted to activate your Apple Pay account within your account administrator. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 17 of these Terms of Service.

If you use a payment gateway supported by Apple Pay and your customers have Apple Pay enabled on their device, customers can purchase goods and services from your Store using Apple Pay.

By using Apple Pay on your Store, you agree to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple changes the Apple Pay platform Web Merchant Terms and Conditions. Any such changes to the Apple Pay Platform Web Merchant Terms become effective on the date of posting. Your continued use of Apple Pay on your Store after the publication of the amended Apple Pay Platform Web Merchant Terms constitutes your agreement and acceptance of the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, please deactivate your Apple Pay account and do not continue to use Apple Pay on your Store.

2.5 Google Payment

If you do not wish to keep your Google Payments account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Payments is a Third Party Service, as defined in Section 17 of these Terms of Service.

If you use a payment gateway supported by Google Payment and your customers have Google Payment enabled, customers can purchase goods and services from your store using Google Payment.

By using Google Payment on your Store, you agree to be bound by the Google Payments API Terms of Service , as may be amended by Google from time to time. If Google amends the Google Payments API Terms of Service , the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Any such changes to the Google Payments API Terms of Service shall be effective as of the date of posting. Your continued use of Google Payments in your Store after the publication of the modified Google Payments API Terms of Service constitutes your acceptance and agreement to the modified Google Payments API Terms of Service. If you do not agree to any changes to the Google Payments API Terms of Service, please deactivate your Google Payments account and do not continue to use Google Payment in your Store.

2.6 Domain names

When you purchase a domain name through VooService, your domain registration will be preset to automatically renew each year for as long as your VooService account remains active. You acknowledge that it is your sole responsibility to disable the auto-renewal feature if you choose to do so.

WHAT IT MEANS

Only one person can be the "Store Owner," usually the person who signs up for VooService. The Store Owner is responsible for the Account, is bound by these Terms of Service, and is responsible for the actions of others accessing the Account. If you are enrolling on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts to enable you to accept payments. You are responsible for activating and deactivating these accounts and for complying with their terms, which are with various third parties.

Any domain purchased through us will automatically renew unless you deactivate it.

3. General Terms and Conditions

You must read, agree to and accept all of the terms and conditions contained in these Terms of Service, including the AUP , the Privacy Policy and, if you operate an EU-based Store, the EU Terms , before you can become a VooService User. In addition, you acknowledge and agree to the Rules of Engagement for the sale of COVID-19 related products if you sell such products.

Technical support in connection with the Services is provided only to VooService Users.

The Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service and is expressly excluded.

You acknowledge and agree that VooService may revise these Terms of Service at any time by posting revised and restated Terms of Service on VooService's website, available at https://www.vooservice.com/terms, and such changes to the Terms of Service are effective upon posting. Your continued use of the Services following the posting of the revised Terms of Service on VooService's website constitutes your acceptance and agreement to the revised Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, changes to these Terms of Service will be provided in accordance with the EU Terms.

You may not use the VooService Services for any illegal or unauthorized purpose nor may you, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), applicable laws in your customer's jurisdiction, or the laws of Canada and the province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and in your performance of your obligations under the Terms of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services or access to the Services without VooService's express written consent.

You will not purchase search engines or other pay per click keywords (such as Google Ads) or domain names that use the VooService or VooService trademarks and/or variations and misspellings thereof.

Questions about the Terms of Service should be sent to VooService Support .

You understand that your Materials (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of the networks or connecting devices. Credit card information is always encrypted during transfer over networks.

The Services allow you to send certain communications to your customers via SMS (e.g., sending order confirmation notifications via SMS) (the "SMS Services"). You will use the SMS Services only in accordance with these Terms of Service, Nexmo Inc.'s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages and in which your messages are received.

You acknowledge and agree that your use of the Services, including any information transmitted or stored by VooService, is governed by its privacy policy at https://www.vooservice.com/privacy

The Terms of Service may be available in languages other than English. In the event of any inconsistency or conflict between these Terms of Service in English and VooService's Terms of Service available in another language, the most current English version of the Terms of Service will prevail at https://www.vooservice.com/terms . Any disputes arising under these Terms of Service shall be resolved in English, unless otherwise determined by VooService (acting in its sole discretion) or as required by applicable law.

All terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and their respective heirs, successors, permitted assigns and legal representatives. VooService shall be entitled to assign these Terms of Service without notice to or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without VooService's prior written consent, to be granted or withheld in VooService's sole discretion.

If any provision, or portion of a provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be interpreted as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained in the Terms of Service.

Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 shall survive the termination or expiration of these Terms of Service.

WHAT IT MEANS

The VooService belongs to us. You may not rip it off or use it for illegal or inaccurate purposes. If you or your employees or contractors use the VooService API, you will abide by our API terms.

Your materials can be transferred unencrypted and can be edited, but your credit card information is always encrypted.

4. VooService Contracting Party

If your Store's billing address is in the United States or Canada, this Section 4(1) applies to you:

a. "VooService Contracting Party" means VooService Inc, an Italian corporation.

B. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario in connection with any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service and is expressly excluded.

If your Store's billing address is in the Asia Pacific region (including Australia, New Zealand, China, Japan, Singapore), this Section 4(2) applies to you:

a. "VooService Contracting Party" means VooService Commerce Italy.

B. The parties irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute that may arise out of or in connection with the Terms of Service and that accordingly any proceedings arising out of or in connection with the Terms of Service shall be instituted in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service and is expressly excluded.

If your Store's billing address is in the EMEA region or other jurisdictions not listed in Section 4(1) or 4(2), including Europe and Russia, the Middle East, Africa, South America, the Caribbean or Mexico this Section 4(3) applies to you:

a. "VooService Party" means VooService International Limited, a privately held corporation incorporated in Italy and its website is at https://www.vooservice.com/ .

B. You irrevocably and unconditionally agree to submit to the jurisdiction of the Irish courts, which shall have jurisdiction to settle any dispute that may arise out of or in connection with the validity, effect, interpretation or performance of these Terms of Service and you hereby irrevocably and unconditionally waive any objection to any claim relating to any cause of action, action or proceeding brought by VooService in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service and is expressly excluded.

WHAT IT MEANS

In the event of a dispute, you may bring an action in the province of Ontario (Canada), Ireland or Singapore, depending on your location.

5. Rights of VooService

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction, and we have no obligation to make the Services or features available in any jurisdiction.

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

We may, but are under no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that goods or services offered through a Store, or Materials uploaded to or posted in a Store, violate our Acceptable Use Policy (" AUP") or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retaliation) of any VooService customer, VooService employee, member or officer will result in immediate termination of the Account.

VooService does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.

We reserve the right to provide our services to your competitors and do not promise exclusivity in any particular market segment. You further acknowledge and agree that VooService's employees and contractors may also be VooService's customers/dealers and may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

In the event of a dispute regarding ownership of the Account, we reserve the right to request documentation to determine or confirm 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 credit card on file, your status as an employee of an entity, etc.

VooService reserves the right to determine, in our sole discretion, the rightful ownership of the Account and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, VooService reserves the right to temporarily disable an Account until a resolution between the parties to the dispute has been determined.

WHAT IT MEANS

We may change, cancel or refuse service at any time.

In the event of a dispute over ownership of a VooService account, we may freeze the account or transfer it to the rightful owner, as determined by us.

6. Confidentiality

"Confidential Information" includes, but is not limited to, all information associated with a party's business and not in the public domain, including specific business information, technical processes and formulas, software, customer lists, prospect lists, names, addresses and other information relating to customers and prospects, product designs, sales, costs (including any relevant processing fees), unpublished price lists and other financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked confidential or proprietary. VooService's Confidential Information includes any information you receive relating to us or the Services,

or (ii) as required by any law, regulation or order of any court of appropriate jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permissible, the receiving party shall promptly give the disclosing party written notice and make commercially reasonable efforts to ensure that such disclosure receives confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known to or in the possession of the receiving party, at the time of the disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party's Confidential Information and without violating any provision of these Terms of Service;

WHAT IT MEANS

Both you and VooService agree to use each other's Confidential Information only to fulfill your obligations under these Terms of Service. Confidential Information must be protected and respected.

7. Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable law, VooService shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of the use of or inability to use the Service.

To the extent permitted by applicable law, in no event shall VooService or our suppliers be liable for lost profits or special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, VooService partners, officers, directors, agents, employees and suppliers harmless 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 of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

VooService does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

VooService does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

VooService is not responsible for any of your tax obligations or liabilities related to your use of the VooService Services.

VooService does not warrant that the quality of any products, services, information or other materials purchased or obtained by you through the Services will meet your expectations or that any errors in the Services will be corrected.

WHAT IT MEANS

We are not liable if you violate the law, violate this Agreement, or violate the rights of any third party, especially if you are sued.

The service is "as is", so it may have errors or interruptions and we make no warranties and our liability is limited.

8. Waiver, Severability and Full Agreement

VooService's failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and VooService and govern your use of the Services and your Account, superseding any prior agreements between you and VooService (including, without limitation, any prior versions of the Terms of Service).

WHAT IT MEANS

If VooService chooses not to enforce any of these provisions at any time, that does not mean we give up immediately thereafter.

These Terms of Service constitute the agreement that applies to you. This means that any prior agreements between you and VooService will not apply if they conflict with these terms.

9. Intellectual property and client content

We do not claim any intellectual property rights in the Materials you provide to the VooService. All Materials you upload to your VooService store remain yours. You may remove your VooService store at any time by deleting your account.

By uploading Materials, you agree: (a) to allow other Internet users to view Materials that you post publicly in your Store; (b) to allow VooService to store and, in the case of Materials that you post publicly, view and use your Materials; and (c) that VooService may, at any time, review and delete all Materials submitted to its Service, although VooService is under no obligation to do so.

You retain ownership of all Materials you upload to the Store; however, by making your Store public, you agree to allow others to view the Materials you post publicly in your Store. You are responsible for ensuring that the Materials comply with any applicable laws or regulations.

VooService shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

WHAT IT MEANS

Everything you upload remains yours and is your responsibility.

10. POS services

In addition to the terms applicable to the Services generally, the following terms apply to your access to and use of the POS Services. The POS Services include the VooService POS software ("POS Software"), the VooService POS website located at /pos, programs, documentation, apps, tools, services and Internet-based components, VooService POS hardware ("POS Equipment") and any updates provided by VooService.

Access to and use of the POS Services requires an active and valid Account.

If your POS Services are enabled with VooService Payments, you may not use any other payment processing service at the same time. The payment gateway used for your POS Services must be the same as the one used for your Online Services, if applicable.

You may terminate your POS Services without terminating your Account or any other Service to which you have subscribed, and if you do so, you will continue to be charged and pay for the Services (other than terminated POS Services).

You agree to use the POS Services in accordance with any procedures that may be provided by VooService from time to time.

Although the POS Services use encryption technology and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to your connection to the POS Services and will not be liable for any unauthorized access to or use of data transmitted through the POS Services.

11. VooService Shipping

We don't do shipping.

12. Theme store

You can determine the appearance of your VooService store with a design template from the VooService theme store ("a theme"). If you download a theme, you have a license to use it only for a single Store. You are free to transfer a theme to a second of your stores if you close your first store. To start transferring a theme to a second of your Stores, please contact VooService Support . You are not allowed to transfer or sell a Theme to other people's Store on VooService or elsewhere. Multiple Stores require multiple downloads and each download is subject to the applicable fee. VooService does not guarantee that a particular Theme will remain available for further downloads.

You can modify the theme to fit your store. VooService may add or modify the footer in a Theme that references VooService in its sole discretion. VooService may modify the Theme where it contains, in our sole discretion, an element that violates VooService's AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. VooService may modify the Theme to reflect technical changes and updates as required.

The intellectual property rights in the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, Designer may take legal action against you and, without prejudice to our other rights or remedies, VooService may take administrative action such as modifying your Store or closing your Store.

Technical support for a theme is the responsibility of the designer and VooService assumes no responsibility to provide such support. VooService may be able to help you contact the designer.

It is the responsibility of the user, and not VooService, to ensure that the installation of a new theme does not overwrite or damage the user's current or pre-existing theme, or user interface.

WHAT IT MEANS

You can purchase our themes to use for one Store at a time. Feel free to modify our theme, but respect the fact that designers own their themes, so don't infringe on their rights. For theme-related issues, please contact the designer. Keep in mind that themes can disappear over time and are subject to change.

13. VooService Email

You may generate or send email from your Account using VooService's email services (the "Email Services"). In addition to the terms applicable to the Services generally (including VooService's Acceptable Use Policy and Privacy Policy ), the following terms apply to your access to and use of the Email Services:

VooService uses certain controls to scan the content of emails you send using the Email Services prior to delivery ("Content Scanning"). Such Content Scanning is intended to limit spam, VooService or other harmful content that violates these Terms of Service or VooService's Acceptable Use Policy (collectively, "Threats"). By using the Email Services, you explicitly grant VooService the right to use such Content Scanning. VooService does not guarantee that the Email Services will be free of Threats, and each VooService merchant is responsible for all content generated by their respective Stores.

BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE "EMAIL SERVICES REQUIREMENTS"). VOOSERVICE, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.

Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email ("UCE"), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, national security, gambling, child protection and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.

Your use of the Email Services must comply with VooService's Privacy Policy . It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.

You will use commercially reasonable efforts not to send sensitive personal data, including information regarding medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, "Sensitive Data") through the Email Services. It is your responsibility to read and understand your obligations with respect to Sensitive Data.

Use of the Email Services must follow all applicable guidelines established by VooService. The following guidelines are examples of practices that may violate the Email Services Requirements when generating or sending email messages through the Email Services:

Using non-authorization-based email lists (e.g., lists where each recipient has not explicitly granted permission to receive email from you by affirmatively agreeing to receive such email);

Using purchased or leased email lists;

use third-party e-mail addresses, domain names or mail servers without proper authorization;

sending emails to non-specific addresses (e.g. webmaster@domain.com or info@domain.com );

Send emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);

don't include a working "unsubscribe" link in every email that allows the recipient to remove themselves from your mailing list;

fail to comply with any request by a recipient to be removed from your mailing list within 10 days of receipt of the request;

failure to include in each email a link to the then-current privacy policy applicable to that email;

Disguise the source or subject line of any email or falsify or manipulate the source email address, subject line, headers, or transmission path information for any email;

not include your valid physical mailing address or a link to such information in each email; or

including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, rewards or other incentives) or other material in any email that encourages a recipient to forward the email to another recipient.

If you or a customer knows of or suspects violations of the Email Services Requirements, notify VooService at abuse@wordpressmu-640818-2251632.cloudwaysapps.com . VooService will determine compliance with the Email Services Requirements at its discretion.

VooService's email services use third-party vendors, including SendGrid (a Twilio company). Use of the Email Services is subject to SendGrid's acceptable use policy as it may be modified by SendGrid from time to time.

We use Google Email.

WHAT IT MEANS

By using the Email Services, you agree that VooService may use certain tools to ensure that the content of emails sent through the Service is secure and compliant with our policies.

14. Payment of Fees

You will pay the Fees applicable to your subscription to the Online Service and/or POS Services ("Subscription Fees") and any other applicable fees, including, but not limited to, Transaction Fees and Additional Fees are referred to as "Fees" of your payment services ex. paypal.

Subscription fees are paid in advance and will be billed at 30-day intervals (each such date, a "Billing Date"). Users have approximately two weeks to raise and resolve any issues with subscription fee billing.

If the second attempt is unsuccessful, we will make a final attempt 3 days after the second attempt. If our last attempt is unsuccessful, we may suspend and revoke access to your Account and Services. Your Account will be reactivated upon payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or storefront during any period of suspension.

All rates exclude federal, provincial, state, local or other sales, goods and services (including goods and sales tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in effect or enacted in the future ("Taxes").

You are responsible for all applicable Taxes that arise or result from your subscription to or purchase of VooService products and services. To the extent VooService charges these Taxes, they are calculated using the applicable tax rates based on the billing address you provide to us. These amounts are in addition to the Fees for such products and services and will be billed to the Authorized Payment Method. 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 meeting applicable legal requirements attesting to your tax-exempt status. Your tax exemption will apply only as of the date we receive evidence satisfactory to VooService of your exemption. If you are not charged taxes by VooService,

For the avoidance of doubt, all amounts owed by you to VooService under these Terms of Service will be paid without deduction or withholding of any kind. Other than Taxes charged by VooService and remitted to the appropriate taxing authority on your behalf, any deductions or withholdings required by law will be your responsibility and paid separately to the appropriate taxing authority. VooService shall have the right to charge the full subscription amount stipulated under these Terms of Service to the Authorized Payment Method, ignoring any such deduction or withholding that may be claimed.

You are responsible for all applicable Taxes arising from or as a result of any sales on your VooService Store.

You must maintain a specific location in the administration menu of your VooService Store. If you change jurisdictions you must promptly update your position in the administration menu.

VooService does not provide refunds.

WHAT IT MEANS

A valid payment method (such as a credit card) is required for all stores. You will be charged subscription fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process the Fees payment using your payment method, we will try again in 3 days. If we are unable to process the Commissions payment on the second attempt, we will make a third and final attempt three days later. If the Commission payment fails after three attempts, VooService may block your store. You may be required to remit Taxes to VooService or self-submit to your local tax authority. No Refunds.

15. Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting VooService Support and following the specific instructions set forth in VooService's response.

In the event of termination of the Services by either party for any reason:

VooService will cease providing the Services to you and you will no longer be able to access your Account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refund of any Fees, prorated or otherwise;

any balance due to VooService for your use of the Services until the effective date of such termination shall become immediately due and payable in full; and

Your Store's website will be taken offline.

If you purchased a domain name through VooService, upon cancellation your domain will no longer be automatically renewed. After termination, it will be your sole responsibility to handle all issues related to your domain with the domain provider.

If there are any outstanding Fees due from you on the date of termination of Service, you will receive a final invoice via email. Once the invoice is paid in full, you will not be charged again.

We reserve the right to modify or terminate the VooService, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service will not affect any rights or obligations that arose prior to the date of termination.

Fraud: Without limiting other remedies, VooService may suspend or terminate your Account if we suspect that you (by conviction, transaction, insurance or escrow investigation or otherwise) have engaged in fraudulent activity in connection with your use of the Services.

WHAT IT MEANS

To initiate a termination, contact support. VooService will reply with specific information about the procedure to terminate your account. Once the termination is confirmed, domains purchased through VooService will no longer be automatically renewed. If you cancel in the middle of the billing cycle, you will receive a final invoice via email.

We may modify or close your account at any time. Any fraud and we will suspend or close your account.

16. Changes to the Service and Prices

Prices for use of the Services are subject to change upon 30 days' notice from VooService. Such notice may be provided at any time by posting the changes to the VooService Site (vooservice.com) or to the administration menu of your VooService Store via an announcement.

VooService reserves the right at any time and from time to time to modify or discontinue the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).

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

WHAT IT MEANS

We may change or discontinue the service at any time without liability.

17. Third Party Services, Experts and Marketplace Experts

VooService may from time to time recommend, provide you with access to or enable third party software, applications ("Apps"), products, services or links to websites (collectively, "Third Party Services") for your consideration or use, including through VooService's App Store or Experts Marketplace. Such Third Party Services are made available for your convenience only and the 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 of Service, you also agree to be bound by the additional service-specific terms applicable to services purchased from, or provided by, Third Party Providers.

VooService Experts is an online directory of independent third parties ("Experts") who can help you build and manage your VooService Store.

You can interact and work with an expert directly or through Experts Marketplace. Experts Marketplace provides you with expert recommendations that can help you with different aspects of your store. Using Experts Marketplace, you can find, hire, and communicate with experts directly from your account administrator.

Any use by you of Third Party Services offered through the Services, VooService Experts, Experts Marketplace or VooService's website is entirely 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, VooService may receive a revenue sharing fee from third party vendors that VooService recommends to you or that you otherwise use through your use of the Services, VooService Experts, the Experts Marketplace or the VooService website.

We make no warranties or representations to you with respect to the Third Party Services. You acknowledge that VooService has no control over the Third Party Services and will not be liable to you or anyone else for such Third Party Services. The availability of Third Party Services on VooService's websites, including the VooService App Store or Experts Marketplace, 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 or with VooService . VooService does not guarantee the availability of any Third Party Services and you acknowledge that VooService may disable access to any Third Party Services at any time in its sole discretion and without notice. VooService is not liable to anyone for any termination or suspension of access to or disabling of any Third Party Services. VooService strongly recommends that you seek expert advice before using or relying on any Third Party Services to ensure that they meet your needs. In particular, tax calculators should be used only as a reference and not as a substitute for independent tax advice when evaluating the correct tax rates to charge clients.

If you install or enable a Third Party Service for use with the Services, you authorize us to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions required for the Third Party Service to interoperate with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. VooService is not responsible for any disclosure, modification or deletion of your data or other Materials, or any corresponding loss or damage you may suffer, as a result of a Third Party Service or Third Party Provider accessing your data or other Materials . Google Maps is a Third Party Service used within the Services.Acceptable Use Policy , Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as may be modified by Google from time to time.

You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to be contacted by one or more Experts at the registered email address of the Store Owner (or other email address provided by you) as well as the applicable user email address; and (ii) VooService will receive all email communications exchanged through Experts Marketplace or in any reply emails (each a "Reply") that originate from Experts Marketplace (directly or indirectly) between you and Experts. You also agree that VooService may share your contact details and background information that you submit via Experts Marketplace with Experts. Experts may require access to certain administration pages on your VooService store. Choose the pages that Experts can access.

The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider and VooService is not obligated to intervene in any dispute that may arise between you and a Third Party Provider.

In no event will VooService be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages arising out of Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if VooService has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, VooService partners, officers, directors, agents, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

WHAT IT MEANS

We are not responsible for third-party services, so use them at your own risk. If you use Third Party Services on the VooService platform, you authorize us to send your data to those services. If you use Third-Party Services you agree that we do not provide a warranty, so ask for advice beforehand.

18. Beta Services

From time to time, VooService may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are under development and not yet available to all merchants ("Beta Services"). The Beta Services may be subject to additional terms and conditions, which VooService will provide to you prior to your use of the Beta Services. Such Beta Services and all conversations and associated materials related thereto shall be considered VooService's Confidential Information and subject to the confidentiality provisions of this Agreement. Without limiting the generality of the foregoing, you agree not to make any public statements or otherwise disclose your participation in the Beta Services without VooService's prior written consent. VooService makes no representations or warranties that the Beta Services will work. VooService may discontinue the Beta Services at any time in its sole discretion. VooService shall have no liability for any damages or harm arising out of or in connection with a Beta Service. Beta Services may not function in the same manner as a final version. VooService may modify or not release a final or commercial version of a Beta Service at our sole discretion.

19. Feedback and Reviews

VooService welcomes any ideas and/or suggestions regarding enhancements or additions to the Services. In no event shall the disclosure of any ideas, suggestions or related materials or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to VooService be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to VooService (whether submitted directly to VooService or posted on any forum or page hosted by VooService), you waive any rights to the Feedback and VooService is free to implement and use the Feedback if you wish, as provided by you or as modified by VooService, 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 VooService must be accurate to the best of your knowledge and must not be unlawful, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. VooService reserves the right (but not the obligation) to remove or edit Feedback from Third Party Services or Third Party Providers, but does not regularly monitor posted Feedback.

20. DMCA Notice and Removal Procedure

VooService supports the protection of intellectual property and asks VooService merchants to do the same. It is our practice to respond to all notifications of alleged copyright infringement. If someone believes that one of our merchants is infringing on their intellectual property rights, they may send a DMCA notice to VooService's designated agent using our form. Upon receipt of a DMCA notice, we may remove or disable access to Materials that you believe to be copyright infringing. Once a removal notice is received, the merchant may respond with a counter-notification using our form if it objects to the complaint. The original complainant has 14 business days from receipt of the counter-notification to request a court order preventing the merchant from engaging in the infringing activity, otherwise we will restore the Materials. For more information, see our DMCA Notice and Removal Procedure .

WHAT IT MEANS

VooService respects intellectual property rights, and you should too. If we receive a DMCA notice, we may disable access or remove the allegedly infringing content from your website. If you believe the complaint is invalid, you may proceed with a counter-notification.

If you believe that one of our merchants is infringing on your intellectual property rights, you may send VooService a DMCA notice. We will quickly disable access or remove the content and notify the merchant.

21. Third Party Rights

Except for VooService and its affiliates, VooService Users or anyone accessing the VooService Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity that is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class, or as meeting a particular description. For the avoidance of doubt, this does not affect the rights of any authorized assignee or transferee of these Terms.

WHAT IT MEANS

Only VooService, VooService Users and persons accessing the VooService Services have rights under these Terms of Service.

22. Privacy and data protection

VooService is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that VooService's collection, use and disclosure of this personal information is governed by our Privacy Policy .

In addition, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, VooService's collection and use of any European resident's personal information is also subject to our Data Processing Addendum .

23.User account

To access and use certain sections and features of the VooService Services, you must first register and create an account with VooService (" User Account ").

If someone other than you accesses your User Account and/or your User Platform settings, they may perform any actions available to you (unless otherwise specified in the VooService Services), make changes to your User Platform and User Account and agree to any legal terms available therein, make various representations and warranties, and more - and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep your User Account login credentials confidential and to allow such access only to people you trust, as you will be solely and fully responsible for all activities that occur under your User Account and/or Platforms User (including for any representations, warranties and commitments made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the VooService Services, for which you are the sole and exclusive rights owner. We strongly encourage you to provide your (or your company's) contact and billing information, including your valid email address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content ( as defined below) submitted to us.

In the event of a dispute over User Account ownership, we reserve the right to determine the ownership of a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we are unable to make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership reach a resolution, without liability to you or any other party. We may require documentation (e.g., a government-issued ID, business license) that may help us determine ownership. Among others, we may consider the principles set forth below.

VooService will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant VooService Service, as the person or entity that has access to the email address then listed in VooService's records for such User Account under which such User Platform or User Content was created.

If any Paid Services (as defined in Section 5 below) have been purchased through a User Account, VooService shall consider the owner of such User Account and/or the related User Platform and/or User Content created thereunder to be the person or entity whose billing details were used to purchase such Paid Services (" Billing Information "). Notwithstanding the foregoing, where applicable, if a User Platform has been linked to an external domain name (imported or purchased as part of certain Paid Services, as defined below), and the registration information for such domain is publicly available through the WHOIS database provided on www. .whois.netsito web or VooService's database, VooService will consider the owner of such User Platform to be the person or entity registered as the registrant of such domain under it. In the event that an individual and an organization are both registered as a registrant or registrant organization of such domain, VooService will consider the organization to be the actual owner of the domain, and thus as the owner of the User Platform linked to such domain. In the event that the Billing Information indicates an individual as the owner of the User Platform and the domain registration indicates a different owner, VooService will consider the individual registered as the owner of the domain connected to the VooService Account to be the owner of the User Platform.

Notwithstanding the foregoing, VooService shall have the right to determine ownership of User Content and/or a User Website at its option, even disregarding the foregoing, in the event that VooService believes, in its sole discretion, that the situation warrants such determination, all based on the factual situation as determined by VooService.

24. Automatic subscription renewal

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an auto-renewal option by default, pursuant to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew at the end of the applicable subscription period for a renewal period equal to the original subscription period (excluding extended periods) and, unless we notify you otherwise, at the same price (subject to applicable tax changes and excluding any discounts or other promotional offers provided for the first period) ("Paid Services Renewal"). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be one month. Accordingly, where applicable, VooService will attempt to automatically charge you the applicable Fees using the stored Card, no later than two (2) weeks prior to the start of such renewal period. If we fail to collect any Fees owed by you, we may, in our sole discretion (but will not be obligated to) retry collection at a later date and/or suspend or cancel your User Account, without further notice. If your Renewal of Paid Service is subject to an annual or multi-year subscription period, VooService will endeavor to provide you with notice prior to the renewal of such Paid Service at least thirty (30) days prior to the renewal date.

By entering into this Agreement and purchasing a Paid Renewal Service , you acknowledge and agree that the Paid Renewal Service will automatically renew in accordance with the terms set forth above .

You can turn off the auto-renewal option for paid services at any time through your user account or by visiting the VooService Support Center .

Some domains are subject to a different renewal policy as described in the Domain Registration Agreement. Notwithstanding the foregoing, you are and will be solely responsible for verifying and ensuring the proper renewal of the VooService Services you use (whether or not such VooService Services are subject to automatic subscription renewal). Accordingly, you will be solely responsible in connection with any interruption of any VooService Services previously purchased by you, including due to a cancellation, failure to charge applicable Recurring Fees or due to any VooService Services not subject to automatic subscription renewals. You acknowledge and agree that you have no claim against VooService with respect to the discontinuance of any VooService Services or Third Party Services for any reason.

1TP3Easy

To make sure you don't lose your domain or experience

interruptions with your website at the end of the subscription period, we will automatically renew our service and charge you accordingly, at regular intervals as an initial subscription, unless you turn off auto-renewal.

Some services, on purpose or by mistake, may not automatically renew . You should make sure your subscriptions are renewed on time.

25. Satisfied or refunded

If you are dissatisfied with VooService Services that are subject to a Fee for a period of service or subscription commitment and that is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days after you first ordered or activated such VooService Services (the "Refund" and the "Refund Period"). The Refund is applicable only to the initial purchase of VooService Services that is a free website upgrade by purchasing a Premium Package (as offered on the VooService website). The Refund is not applicable to any further purchases, upgrades, modifications or renewals of VooService Services. If you reside in a jurisdiction that requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If VooService receives such notice within such Refund Period, VooService will refund to you the amount charged by VooService for such VooService Services, in the currency in which you were originally charged, and cancel them accordingly. Please note that the refund amount may differ from the amount You were charged due to currency exchanges and third party fees. VooService will not be responsible for any differences caused by changes in exchange rates or fees charged by third parties. After the Refund Period, Commissions paid by you are not refundable or cancelable. In addition, if we find that a cancellation notice was given in bad faith or in an unlawful attempt to avoid payment for services actually received and used, we reserve the right to nonetheless charge the User who provided such notice for any VooService Services actually received, as permitted by law.

Note : Some services purchased on or through VooService may not be reimbursable. These include third party services such as domains, business tools and applications. The terms of each service or application you purchase are set forth on the VooService website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service before purchasing it. VooService will not refund any amount paid for non-refundable Fee Services, applications or Third Party Services.

Thank you for your interest in using our system.

Update. 21/03/2021

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