Terms & Conditions
TERMS AND CONDITIONS
- ACCEPTANCE OF TERMS AND CONDITIONS AND AMENDMENTS
Each time you use or cause access to this website, you agree to be bound by these Terms
and Conditions, as amended from time to time with or without notice to you. In addition, if
you are using a particular service on or through this website, you will be subject to any rules
or guidelines applicable to those services and they shall be incorporated by reference into
these Terms and Conditions. Please see our Privacy Policy, which is incorporated into
these Terms and Conditions by reference.
- OUR SERVICE
Our website and services provided to you on and through our website on an "as is" basis.
You agree that the owners of this website exclusively reserve the right and may, at any time
and without notice and any liability to you, modify or discontinue this website and its
services or delete the data you provide, whether temporarily or permanently. We shall have
no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or
improper delivery of any data or information.
- YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use this service, you must register and agree to provide truthful information
when requested. When registering, you explicitly agree to our Terms and Conditions, which
may be modified by us from time to time and available here.
- PRIVACY POLICY
Registration data and other personally identifiable information that we may collect is subject
to the terms of our Privacy Policy.
- REGISTRATION AND PASSWORD
for all uses via your registration and/or login, whether authorized or unauthorized by you.
You agree to immediately notify us of any unauthorized use or your registration, user
account or password.
- YOUR CONDUCT
You agree that our website may expose you to content that may be objectionable or
offensive. We shall not be responsible to you in any way for the content that appears on this
website nor for any error or omission. You explicitly agree, in using this website or any
service provided, that you shall not:
(a) Provide any content or perform any conduct that may be unlawful, illegal, threatening,
harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does interfere or interrupt this website
or any service provided, infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or which may violate an applicable
local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or
otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any content in a manner that would involve junk mail,
spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without
our prior written consent;
(e) Provide any content that may give rise to our civil or criminal liability or which may
constitute or be considered a violation of any local, national or international law, including
but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights;
(g) Offer for sale, promote or advertise through a Freewebstore: weaponry, items designed
to restrain or hurt or harm or inconvenience people, drugs or narcotics, tobacco, substances
which may be used - or advertised as such - to achieve hallucinogenic effects, pornography,
alcohol, racially offensive, or carry out, promote or advertise any manner of illegal activities.
Freewebstore.org reserves the right to report any breaches of this nature to the relevant law
authorities. Freewebstore.org reserves the right to make judgements upon what is
permissable to sell through Freewebstore.org websites. Furthermore, you agree that:
(h) You own the right to publish any and all material you provide Freewebstore.org for use
materials to bolster the performance of Freewebstore stores. In addition, you agree that you
will not:
(i) Contact customers to request they pay you via means other than the supported
Freewebstore payment providers;
(j) Try to circumvent any systems Freewebstore.org has in place, including attempting to
change free stores to remove or obscure the Freewebstore advertising bar or other
component placed on stores by Freewebstore;
(k) Log in, or attempt to log in, to a store which is not maintained by yourself.
- THIRD PARTY SERVICES
Goods and services of third parties may be advertised and/or made available on or through
this website. Representations made regarding products and services provided by third
parties are governed by the policies and representations made by these third parties. We
shall not be liable for or responsible in any manner for any of your dealings or interaction
with third parties.
- INDEMNIFICATION
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties,
officers, directors, employees, agents, independent contractors, advertisers, partners, and
co-branders from any claim or demand, including reasonable legal fees, that may be made
by any third party, that is due to or arising out of your conduct or connection with this
website or service, your violation of these Terms and Conditions or any other violation of the
rights of another person or party.
- DISCLAIMER OF WARRANTIES
You understand and agree that your use of this website and any services or content
provided (The "Service") is made available and provided to your at your own risk. It is
provided to you "as is" and we expressly disclaim all warranties of any kind, implied or
expressed, including but not limited to the warranties of merchantability, fitness for a
particular purpose, and non-infringement. We make no warranty that any part of the service
will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality,
nor that any content is safe in any manner for download. You understand and agree that
neither us nor any participany in the Service provides professional advice of any kind and
that use of such advice or any other information is solely at your own risk and without our
liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and
the above disclaimer may not apply to you only as it relates to implied warranties.
- LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable for any direct, indirect,
special, incidental, consequential or exemplary damages, including but not limited to:
damages for loss of profits, goodwill, use, data or other intangible loss (even if we have
been advised of the possibility of such damages), resulting from or arising out of; (I) The
use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or
services resulting from any transaction entered into on or through this Service; (III)
Unathorized access to or alteration of your data transmissions; (IV) Statements of conduct of
any third party on the Service, or; (V) Any other matter relating to the Service. In some
jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply
to you.
- RESERVATION OF RIGHTS
We reserve all of our rights, including but not limited to any and all copyrights, trademarks,
patents, trade secrets, and any other proprietary right that we may have in our website, its
content, and the goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you with any implied or
express licenses or rights by making services available to you and you will have no rights to
make any commercial uses of our website or service without our prior written consent.
- NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your property has been used in any way that would be considered
copyright infringement or a violation of your intellectual property rights, our copyright agent
may be contacted by clicking here. The copyright holder must provide us with all of the
following information:
(a) A signature of a person authorized to act on behalf of the owner of the copyright that is
allegedly infringed.
(b) Identification of the material that is claimed to be infringing or is the subject of infringing
activity and that should be removed or access to which should be disabled, with information
to allow us to locate the material.
(c) Contact information for the person giving the notification, such as an address and
telephone, and, if available, an email address at which such person may be contacted.
(d) A statement that the person giving the notification has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its agent, or
the law.
(e) A statement that the information in the notification is accurate and, under penalty of
perjury, that the person providing the notification is authorized to act on behalf of the owner
of the copyright that is allegedly infringed.
- APPLICABLE LAW
You agree that these Terms and Conditions and any dispute arising out of your use or
misuse of this website or our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this website is located,
without regard to its conflict of law provisions. By registering or using this website and
service you consent and submit to the exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this website is located.
- MISCELLANEOUS INFORMATION
(I) In the event that these Terms and Conditions conflicts with any law under which any
provision may be held invalid by a court with jurisdiction over the parties, such provision will
be interpreted to reflect the original intentions of the parties in accordance with applicable
law, and the remainder of these Terms and Conditions will remain valid and intact; (II) The
failure of either party to assert any right under these Terms and Conditions shall not be
considered a waiver of any that party's right and that right will remain in full force and
effect; (III) You agree that without regard to any statue or contrary law that any claim or
cause arising out of this website or its services must be filed within one (1) year after such
claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and
obligations under these Terms and Conditions and we shall be relieved of any further
obligation.
- CONSENT
By continuing to browse or otherwise accessing the website, you signal acceptance of the
terms and disclaimer set out above. If you do not accept any of these terms, leave this
website now. By logging into the Freewebstore Control Panel or using any Freewebstore you
signal that you accept these Terms and Conditions in full.
- CONTENT AND MATERIALS
Freewebstore may use your website to show potential clients examples of what we do. This
includes product images and descriptive text, as well as links to your site. Freewebstore.org
may help market your items for sale through "showcases" and other product search sites,
i.e. Google Product Search or Kelkoo, in an effort to increase your sales. Freewebstore stores
contain a small advertising space across the top of each page (The Freewebstore Banner)
and usually a link to this website. Freewebstore reserves the right to use this space to
market Freewebstore, included but not limited to images and HTML controls and elements,
its partners and products being sold in an effort to bolster Freewebstore and its clients.
Subscribers to Freewebstore may have The Freewebstore Banner removed.
- INTERPRETATION
Where permissable by law, Freewebstore is the sole arbiter of the meaning and context of
these terms and conditions.
- USAGE DATA
In the course of managing and optimizing stores, Freewebstore monitors the activity of sites
to develop better selling techniques for our clients. This information resides on our servers
and is never passed on to a third party, and never used for marketing purposes. This
information is held purely to provide statistical analysis and trace errors, in an effort to
benefit our clients.
- REFUND POLICY
Pro-rata refunds can be requested within 5 days of the payment date for monthly
subscriptions and within 28 days of the payment date for annual subscriptions. All refunds
are subject to a 5 GBP, 6 EUR or 8 USD administration fee. Any days you have already used
from the last payment date will also be taken from the total refund amount. If you have
claimed a domain name as part of your hosting package, this administration fee will be
raised to 15 GBP, 18 EUR or 25 USD.
- INACTIVITY
Freewebstore reserves the right to terminate without notice inactive stores. For the purposes
of this operation, inactive means that we receive complaints about undelivered purchases or
a failure to login to a store within a length of time determined by Freewebstore.org.
- DOMAIN NAMES
Free domain names provided by Freewebstore to Professional or Power Seller users are
limited to the following suffixes: .com .co.uk .net .org .biz .info .name .be .co.in .in .es .eu .me .se
If you wish to take your free domain name with you when you leave our platform then there
will be a one of administration fee of 20 GBP, 24 USD or 30 EUR to release the domain
name into your control.
- REQUIREMENTS
The Freewebstore Control Panel, primarily located at https://admin.Freewebstore.com, and
available webstore designs are designed for use in Microsoft Internet Explorer (versions 7
and up), Mozilla FireFox and Google Chrome. Support for other browsers is not necessarily
provided.
- UPDATES
From time to time, Freewebstore's servers must be disabled for updates - i.e. important
security updates or software upgrades. Where possible, notice will be given of this downtime
and store fronts will be kept open. An example of an update which will receive no
notice is a critical security update which closes a loophole detrimental to our storepers'
security or experience.
- SUPPORT & CONTACT DETAILS
All support is strictly handled online via your Freewebstore control panel or by emailing
[email protected] directly. The Freewebstore Ltd registered trading address is Unit
8, Vantage Court, Riverside Business Park, Barrowford, Lancashire, BB9 6BP, United
Kingdom. For Corporate enquiries please call +44(0)8450522450
NOTICE:
Freewebstore reserves the right to terminate sites without prior notice should the site be
selling or promoting anything considered by Freewebstore unsavoury or unsuitable.
Complaints against a site should be directed to our support department which can be
reached by emailing [email protected] Freewebstore.org will openly work with law
enforcement agencies to help with any investigations.
Furthermore, visitors are referred to PayPal's Acceptable Use Policy. We will co-operate
fully with PayPal to deal with Freewebstore.org sites that utilize PayPal as a payment
platform, and that fail to comply to these standards. Sites that are found in breach of these
terms will be terminated without notice. As more Payment Providers are added to the bank
of companies Freewebstore uses, their terms of use become incorporated into our terms of
use, and site owners must comply with the terms of use of their merchant provider. It is the
sole responsibility of the client to ensure their store meets their merchant provider's terms
and usage policies. Should a store use an alternate payment provider, the store owner
(defined as any person in control of the credentials to log in to that store's control panel)
must ensure that all goods sold fit in with their chosen payment provider's (or providers')
terms of use. Freewebstore operates a policy of ethical use determined by the staff at the
Freewebstore offices. Stores deemed by Freewebstore to be unsuitable in any respect may
be closed without notice.