This document represents a mutual understanding between ActiveShop, which refers to ACTIVEPIPS SERVICES PRIVATE LIMITED, the company responsible for the operation of the Platform, comprising of www.activeshop.in and its mobile applications, and you, a registered store utilizing the Platform. Throughout this document, ActiveShop and the Company may be used interchangeably, while the term 'You' or 'you' refers to the registered store.
ActiveShop is a software company that specializes in developing Software-as-a-Service (SaaS) products, including Digital Commerce and a Mobile Checkout application for Merchants. These products are cloud-based and designed to enhance the online shopping experience.
Registration on the Platform constitutes your acceptance of all the terms and conditions outlined in this document.
1. Account Registration
1.1. To access the services offered by ActiveShop, it is necessary to create an account.
1.2. To register an account, ActiveShop necessitates that you provide your legal name, phone number, a valid email address, and any additional information that is specified as mandatory during the registration process.
1.3. You are required to be either 18 years of age or older, or the age of majority in your jurisdiction of residence or usage, to use this Service.
1.4. It is your responsibility to maintain the security of your password. ActiveShop cannot and will not be held liable for any loss or damage resulting from your failure to uphold the security of your account and password.
1.5. Any and all activity that transpires within your account is your sole responsibility. If any violation of the terms outlined in this agreement occurs, ActiveShop reserves the right to suspend or delete the account at its own discretion, providing a 2-day advance notice prior to termination without cause and a 15-day reasonable opportunity after cause for any breach of terms and conditions stated in this agreement or violation of any applicable laws or regulations
2. ActiveShop Rights
2.1. ActiveShop retains the right to discontinue or modify the Services at any time and for any reason. Notice of any modification or termination will be provided, with a minimum of 3 months' notice to allow for a smooth transition.
2.2. If you are utilizing the Services on behalf of a business, you affirm that you possess the necessary authority to bind the business or entity to these terms and that the business or entity accepts and agrees to abide by these Terms of Service.
2.3. We agree that we do not use the personal information of the end customers and store specific to any third party.
2.4. We utilize analytical information obtained from the mobile application for market research purposes.
2.5. We use the end customer's purchasing behavior to implement cross-selling strategies and promote available products within the store.
3. ActiveShop Responsibility
3.1. Upon receiving notice of any errors or defects, all necessary work required to correct them shall be initiated and completed without unnecessary delay by ActiveShop.
3.2. ActiveShop is committed to making every possible effort to eliminate any bugs that may arise within the Application or Service, but cannot guarantee that the application or service will be entirely free of such bugs.
3.3 ActiveShop will guarantee to offer uninterrupted service for an indefinite period, but in the event of service discontinuation, clients will receive a 1-month transition period.
3.4 ActiveShop will guarantee a 96% uptime for the platform. In the event of server maintenance, ActiveShop will provide at least 24 hours advance notice to all registered users.
3.5 ActiveShop will ensure compliance with all relevant laws in India, including the Information Technology Act 2000, as well as all applicable rules, bylaws, and any amendments to these acts. Additionally, ActiveShop will maintain data confidentiality and comply with "The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016," as well as any further amendments to the Act, with respect to all users, service providers, and service recipients on the platform.
4. General Conditions
4.1. It is prohibited to use the ActiveShop service for any unauthorized or illegal purposes. Additionally, in using the Service, you must comply with all applicable laws, rules, and regulations.
4.2. You acknowledge that you may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without obtaining express written permission from ActiveShop.
4.3. You are not authorized to assign or transfer the Terms of Service, or any of your rights or obligations under these terms, to any third party without obtaining prior written consent from ActiveShop. ActiveShop reserves the right to grant or deny such consent at its sole discretion.
4.4. You acknowledge and agree that these terms of service will apply to and be binding upon your business entity and its employees.
4.5. You acknowledge and agree that your business is responsible for customer payments and product delivery, and that ActiveShop will not be held liable for any claims that may arise with respect to customer payments or delivery of goods requested by users of the mobile application.
5. Payment of Fees
5.1. You are responsible for paying the subscription fees applicable to the Services you avail through ActiveShop, as well as any other applicable fees.
5.2. The Subscription Fees are to be paid in advance and will be billed at 30-day intervals, with each billing date considered a "Billing Date.
5.3. ActiveShop reserves the right to modify the prices for using the Services upon giving 30 days' notice. This notice may be given at any time by posting the changes to the ActiveShop Site. The prices are generally subject to changes based on any increase or decrease in input costs.
6. Compatibility of Mobile Devices and Third Party Carriers
6.1 ActiveShop takes all possible measures to ensure that the mobile application is compatible with various mobile devices. However, there may be some limitations. If you encounter any issues related to compatibility with your mobile device, you can contact our support team at [email protected].
7. Third Party Websites and payment gateway
7.1. The Service or mobile application may include links to websites or resources provided by third parties. You acknowledge and agree that ActiveShop is not responsible or liable for:
- a) the availability or accuracy of such websites or resources, nor is ActiveShop responsible for:
- b) ActiveShop shall not be responsible for any content, products, or services that are made available on or through such websites or resources.
7.2. ActiveShop utilizes various payment processing services, such as Paytm, Razorpay, PayU, PayPal, and Stripe. By utilizing these payment processing services, you agree to comply with the respective terms and conditions of each payment gateway provider.
8. Your Content
8.1. ActiveShop does not assert any intellectual property rights over the content that you provide to the Service. You retain all rights to the content that you upload.
8.2. To promote the Service, ActiveShop is granted a non-exclusive license and right to use the names, trademarks, service marks, and logos associated with your store.
8.3 Until the last day of their subscription, including the transition period, store owners will have access to all customer and transaction information.
9. Cancellation and Termination
9.1. You may cancel your Account at any time by unsubscribing the account through the option available in the Site.
9.2. After termination of the Services by either party for any reason:
- i. ActiveShop will stop providing you with the Services, and you will no longer have access to your Account.
- ii. Unless the Terms and Conditions state otherwise, you will not be entitled to receive a refund of any fees if you cancel the Services according to clause 9.2.(iv)
- iii. In the event that either party terminates the Services for any reason, ActiveShop will discontinue providing the Services, and you will no longer have access to your Account. Unless specified in the Terms and Conditions, you will not be entitled to a refund of any fees if cancelled as per clause 9.2(iv) Additionally, any remaining balance owed to ActiveShop for your use of the Services up until the date of termination will become due and payable immediately and in full."
- iv. ActiveShop reserves the right to suspend or terminate your Account if we suspect that you have engaged in fraudulent or illegal activities, or have traded prohibited or restricted items through the Site. Such actions may be taken in addition to any other remedies available to ActiveShop.
- v. in the event of cancellation by either party without cause, the Subscription Fees shall be prorated based on the actual number of days used and subscribed, and any remaining balance will be refunded.
10.1 ActiveShop reserves the right to (a) amend or update these Terms of Service, (b) make changes or updates to the App, Site, and/or Service, and (c) terminate the App, Site, and/or Service at any time, in its sole discretion.
10.2 ActiveShop reserves the right to modify or discontinue, temporarily or permanently, the App, Site and/or Service (or any part thereof) with or without notice. ActiveShop may also revise these Terms of Service at any time. The revised version of these Terms of Service will be effective immediately upon posting on the Site, and you agree to review these Terms of Service periodically to be aware of any revisions. By continuing to use or access the Site after any revision is posted, you agree to abide by the revised Terms of Service.
11. ActiveShop's IP Rights and ownership
11.1 ActiveShop holds all rights, titles, and interests in its Site, services, and software (along with any copies of it), as well as all associated copyrights, trade secrets, patents, trademarks, and other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You are not authorized to use any trademarks or service marks of ActiveShop. This Terms of Service does not grant you any license or rights, except as explicitly stated herein and/or in the License Agreement.
12. Representation and Warranty
12.1. ActiveShop does not guarantee the accuracy, completeness, suitability, or validity of any information on its site and shall not be held liable for any errors, omissions, anomalies or delays in the information or any losses, injuries, or damages arising from its display or use. All information is provided on an "as-is" basis. The content provided on the site is for general information purposes only and should not be construed as a substitute for technical advice.
12.2. You acknowledge and agree that your use of the Service is entirely at your own risk. The Service is provided "as is" and "as available," without any express or implied warranties or conditions, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.3. While Activeshop has experienced 98% uptime in the past, we cannot guarantee that the Service will be uninterrupted, timely, secure, or error-free.
12.4. ActiveShop cannot guarantee the accuracy or reliability of the results that may be obtained from using the Service.
12.5. ActiveShop cannot guarantee that any products, services, information, or other Materials purchased or obtained through the Service will meet your expectations, or that any errors in the Service will be corrected.
13.1 You agree to protect and indemnify us, as well as our parent company, subsidiaries, affiliates, ActiveShop partners, officers, directors, agents, employees, and suppliers, from any claims or demands, including reasonable attorney's fees, that may arise from: (a) any breach of your representations, warranties, or obligations stated in these Terms; (b) your improper or unauthorized use of the Services; (c) your violation of any third-party rights, including but not limited to privacy, publicity rights, or intellectual property rights.
14. Limitation of liability
14.1 You understand and agree that ActiveShop is not responsible 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 your use of, or inability to use, the Service.
15.1 ActiveShop agrees not to engage, either directly or indirectly, in any competition that may hinder your business or services.
16. Governing Law
16.1 This Terms and Conditions will be governed and interpreted according to the laws of India.
17. Disputes Resolution
17.1. By using this Website, you agree to comply with its Terms and Conditions. If you violate any of these provisions, you may be subject to legal action.
17.2. "If any disputes or claims arise between the Parties, they agree to first attempt to resolve the issue in good faith through mediation and split the cost equally. If mediation fails, any controversy or claim related to these Terms or any breaches of obligations will be resolved through arbitration in accordance with the Arbitration and Conciliation Act of India, 1996. All hearings will take place in —————- India and will be conducted in English. Each Party will appoint an arbitrator, who will then appoint a sole arbitrator to preside over the proceedings. The Parties will share the arbitration costs equally, but the arbitrator retains the right to award costs to either Party.
18.1 By utilizing this Service and Platform, and providing your contact and identity information to ActiveShop through the Platform, you agree and consent to receive calls, emails, or SMS messages from the Company or its representatives at any time.
18.2 If you notice any discrepancies in the Service-related information, you may report it to [email protected]. ActiveShop will investigate the matter and take appropriate action. The response time and resolution, if any issues are found, may depend on the length of the investigation.
19.1 We have taken technical and organizational measures to safeguard your personal information against accidental loss and unauthorized access, use, alteration, or disclosure. Nevertheless, we cannot assure that unauthorized third parties will never circumvent those measures or use your personal information inappropriately. You assume the risk of providing your personal information.
19.2 It is your responsibility to protect your password and limit access to the Services from your compatible devices and computer(s). You must promptly notify us if you suspect any unauthorized use of your password or ActiveShop Account, or if you detect any security breaches.
20.1 If you have any inquiries about these terms of service, the Site's procedures, or your experience with the Service, you can reach out to us at [email protected]