Terms
Terms of Service
Last Updated: August 22, 2024
Welcome to GrowYourWebshop.com (hereinafter, the "Website") owned and managed by GrowYourWebshop Ltd., a limited liability company incorporated under the laws of the state of the Netherlands (hereinafter, “GrowYourWebshop”), “We” or “Us”)
General
GrowYourWebshop is an all-in-one dropshipping platform that helps sellers and buyers automate their dropshipping business.
Any use, access or login to the Website constitute as a confirmation that you have read and given your consent to be subject to these terms and conditions (hereinafter, the "Terms") and any other terms and condition stated on this Website. The Terms may change from time to time, and you agree that you are required to review it and act according to the current Terms as they are at any given time. You are required to read these Terms and the Website's privacy policy as available here carefully before using the Website. If you disagree with any of the Terms, please refrain for using the Website or the information or services offered.
You warrant and represent that you are legally eligible to enter these Terms and that you are at least 18 years old or the legally required age at your applicable jurisdiction. If you disagree with any of the above, you are not allowed to use the Website or its services.
These Terms are a legally binding agreement and therefore please read them carefully before accepting and using the services. We further encourage you to review these Terms periodically to stay informed about our practices.
Access Permission; Shop Accounts
It is hereby acknowledged that GrowYourWebshop is not and shall not be deemed as affiliated with or as recommending or endorsing any 3rd party website or E-commerce platform which is referred to, linked or mentioned within the Website or de facto used or operated as a data 'source' for GrowYourWebshop, and that accordingly, your use of GrowYourWebshop and its services and solutions are entirely at your own risk.
By accepting these Terms, you hereby agree and authorize GrowYourWebshop to gain access and sign into your private accounts in the applicable online E-commerce stores selected by you (the "Shop Accounts") and to fully operate and function within those Shop Accounts, including by way of listing items for sell or purchase, change listing item's prices, quantity, and any other information, ending your listings, buying activities and take any further actions or functions available for you by each such Shop Accounts.
For the avoidance of doubt, these Terms are applicable to both seller and buyer accounts and any and all terms and conditions hereunder shall apply, mutatis mutandis, to both types of accounts.
Without derogating from the foregoing, by accepting these Terms you further authorize GrowYourWebshop to operate on your Shop Accounts under the 'Out of Stock' mode option, allowing your listings to keep running and charged on a monthly basis, even with zero inventory.
You hereby understand that you shall be able to revoke and block GrowYourWebshop' access to your Shop Accounts, at any time and for any reason, by accessing your applicable Shop Account and cancelling the token used for such access.
By accepting these Terms, you hereby agree to assume any and all liability arising from or in connection with any breach, failure, violation, or non-compliance with 3rd parties' stores' terms of use, and applicable law, for acts or omissions to be taken or refrain from being taken at your Shop Accounts, either by you or by Us, and you hereby forever, irrevocably and unconditionally waive, release and fully discharge Us from any such liability.
You may also be able to connect and integrate your Shop Accounts and User Account (as defined below) with 3rd party payments or other financial solutions, platforms, or digital wallets, which may be accessed through the Website for your convenience (hereinafter, "3rd Parties Integrated Solutions"). You hereby acknowledged and understand that the subscription to and use by You of any 3rd Parties Integrated Solutions are subject to these Terms and any applicable 3rd Parties Integrated Solutions' terms of use which govern such solution, and that in case of contradiction between these Terms to such terms of use, the latter shall prevail.
Use Risks and Liabilities
You hereby acknowledge and understand that GrowYourWebshop is an intelligent automated system, working by way of integrating and using multiple 3rd parties'
Application programing interfaces (APIs), from which a data might not be updated at any given time, or otherwise may be provided inaccurate, outdated, or incomplete. Accordingly, you hereby acknowledge, agree, warrant, and undertake as follows:
Your use of GrowYourWebshop, the Website and all related services and web program solutions are entirely at your own risk, and GrowYourWebshop shall not be held liable for any damages or losses caused to you or anyone at your behalf in connection with the use of the above. By choosing to use the Website or any services, you hereby forever, irrevocably and unconditionally forego, release waive and fully discharge any claim against the GrowYourWebshop or any of its shareholders, directors, employees or other representatives (collectively, “Representatives”) and/or the Website for any sort of damages, direct or indirect, including damage to property, loss, costs, loss of funds, profits, or aggravation, bodily injuries, in each case, whether caused to you or to anyone on your behalf or to any third party.
Should you choose to (i) visit the website of and/or (ii) avail of / claim / register a domain name serviced by DotServe Inc. (or any affiliate or successor entity thereof), you shall be responsible for reviewing and complying with their Terms and Conditions and the applicable Domain Name Registration Agreement, as amended from time to time."
Domain Name Registration Agreement is referred to as the Registrar Registrant Agreement for Domain Names in this link
The Website is used, among other things, for purchasing products from third parties and their delivery to your customers. You hereby agree that the use or purchase of products or services or content or anything else published on the Website, whether by you, by anyone on your behalf or by your customers, is at your own responsibility and you hereby affirm that you shall have no claim against GrowYourWebshop, any of its Representatives or the Website for the use of products, services or content published on the Website.
From time to time, the Website or the information published on the Website will not be available, in part or in full, as a result from maintenance, technical issues or for any other reason, including as a result of the removal of information or services from the Website or the discontinuation of the Website's activity, at the GrowYourWebshop's sole discretion. GrowYourWebshop shall bear no responsibility and you hereby irrevocably and unconditionally, forego, release, waive and forever discharge any claim against GrowYourWebshop or any of its Representatives regarding the discontinuation of services or unavailability as stated above.
We at GrowYourWebshop provide a platform to manage your dropshipping needs and connect your Shop Accounts with 3rd party product providers. Therefore, any transaction, engagement or any other dealing with third parties, done by using GrowYourWebshop or otherwise, is at your sole responsibility and GrowYourWebshop will not be liable for any damages incurred by such engagement, financial or other, directly or indirectly.
In any case of your Shop Accounts are being suspended, deleted, or denied access for any reason, You agree and affirm that GrowYourWebshop will not be liable to the foregoing, for any reason.
Account Registration
The use of the Website requires registration and payment of a monthly subscription fee, according to the commercial terms and packages as published on the Website at the time of registration or upon renewal.
For registration and establishment of personal user account which shall allow You the access to and use of the Website's services, features and functionalities, including conducting purchase processes (the "User Account"), you will be required to provide personal information for identification purposes at GrowYourWebshop’ discretion. Such information may include your full name, email, and address, a chosen unique username, and a chosen or assigned personal password, Shop Accounts you wish to connect with GrowYourWebshop and its integration details (such as your token), and any other information required at our sole discretion.
You may also be able to register and login by using your Facebook or Google accounts. By using the Website through Facebook or Google, you permit Us to access certain information from your Facebook or Google profile for use by the Website. You may control the amount of information that is accessible to Us by adjusting your Facebook or Google accounts privacy settings.
Without the required details and permissions, establishing your User Account and using our services will not be possible. Providing inaccurate or outdated information may result in Us not being able to provide you with our services or with the termination of your User Account, it being suspended or removed, for a limited time or permanently, at GrowYourWebshop’s sole discretion and without the need for cause or prior notice.
You may not choose a username, or provide other user information, that misrepresents you as another person or entity, or misleads others to think so. GrowYourWebshop may, in its sole discretion, refuse to approve misleading or offensive usernames.
GrowYourWebshop reserves its right to contact you in order to verify the information you provided at any time. You shall acknowledge that providing false information or using someone else’s information may constitute a criminal offense and a civil tort, and if you act as such criminal or civil action may be taken against you.
Your User Account is to be used exclusively by you. If you allow others to use your User Account, it will constitute a material breach of these Terms and We will have the right to terminate your User Account immediately and without prior notice or refund. For the reasons stated above and for information security purposes, your username and password must not be given to anyone else but You, and it is recommended to change passwords from time to time and not to use a generic password. We may use additional security measures and minimum password requirements, at our sole discretion.
Unless expressly authorized by GrowYourWebshop in advance and in writing (including by way of your User Account specific terms), you shall not create User Account which primarily intended to promote a specific product or service, or otherwise to duplicate User Accounts or create multiple User Accounts.
GrowYourWebshop secures all your information and encrypts your passwords as required pursuant to the applicable laws and regulations, and it shall under no circumstances be liable for any unauthorized hacking or intrusion into your User Account or Shop Accounts as result from your own failure to keep your login information. In any event, if you discover or suspect any unauthorize intrusion to your User Account or Shop Accounts, or other security breaches, please let us know as soon as possible.
Minors Registration
In order to create a User Account, children under 18 years of age are required to have a parent or guardian review of their registration request and explicit approval for the registration process, which may include age verification steps in addition to any other standard process. Any transmission of personally identifiable information by children is subject to the conditions of our Privacy Policy. A parent or legal guardian of any user under 18 years of age who is a minor under applicable law, shall be personally responsible for such user’s compliance with these Agreement and shall be the person reading and accepting these Agreement and making any representations and undertakings required hereunder.
Accordingly, by registering a User Account, you represent that you are over 18 years of age. Alternatively, by registering or assisting in registration of a User Account for a user under 18 years of age, you represent and warrants that you are such user’s parent or legal guardian, that you are over 18 years of age, that you are solely responsible for maintaining the integrity of your password, and that you are, and shall at all times remain personally responsible for such user’s compliance with these Agreement.
Using the Website
You acknowledge and understand that any use made from your User Account shall be deemed to be made personally by you and you shall be solely liable for such use.
Subject to lawful registration and complying with these Agreement, you are hereby granted with a limited, revocable, personal, non-sublicensable and non-transferable right to use the Website and your User Account, by yourself, in accordance with the applicable purchased package terms and these Terms. Any use not according to the applicable package and the right to use including the restrictions pursuant to these Terms, will constitute a breach of these Terms and you acknowledge that any infringing use made by Your User Account shall be deemed as such done at your knowledge and permission. In any case of User Account termination for breach of these Terms or of any laws, we will be eligible to compensation for damages, costs, and expenses, caused to Us due to such termination, which compensation may be made by way of forfeiture of any funds charged into and available for use in your User Account at the time of such termination. You acknowledge that establishing a User Account on the Website does not grant you any rights on or with respect to the Website, including the content, products and services published on the Website, and establishing of User Account will not require the Website to provide you with any specific service, with or without charge.
GrowYourWebshop may remove, change, correct or edit any publication on the Website at its sole discretion, without the need of any prior notice.
GrowYourWebshop reserves' its right to offer advertising packages, promotions, discounts and more, which may include ads in different manners, including various features. You hereby warrant and represent that you shall have no claims of any kind against GrowYourWebshop for the manner in which content is to be displayed on the Website.
GrowYourWebshop reserve’s its right to add, remove, change, and correct, at its sole discretion and at any time, the content on the Website, including the products sold on the Website and their prices.
Any content published on the Website, including reviews, methods, special deals, product recommendations etc., should be treated as a recommendation only. Any action taken by you is at your sole discretion and responsibility.
Any use of the Website or of the Service other than the Intended Use and unless expressly authorized by GrowYourWebshop, constitutes a contravention of these Agreement. You agree not to abuse, disrupt, or interfere with, the service in any way, and not to violate these Agreement in any way, nor to allow use by others in such a way as to violate these Agreement.
You warrant and undertake to only make reasonable use of the Website and to refrain from any use of the Website not for your personal needs or any other use that was approved in advance by GrowYourWebshop.
In particular, but without limitation, you agree not to do, and not to permit any third party to: (i) use the Website to engage in any activity that constitutes a direct or indirect competition with GrowYourWebshop’s activity or to develop a competing service or product; (ii) misrepresent yourself as GrowYourWebshop, or any other person or entity or misrepresent your affiliation with GrowYourWebshop or with any other person or entity, or to disguise or misrepresent the origin of any content posted in the Website or made available through the service offered therein; (iii) use, present, make available, sell, distribute, copy, duplicate or create derivative work of or from any product, data, images, photos, product summary or synopsis, in a way which may be deemed under applicable law as unlicensed or unauthorized use of the aforesaid, whether it is protected by copyrights, trade secret, tradename, trademarks or not, etc.; (iv) use any communications systems provided by the Website to send unauthorized and/or unsolicited commercial communications; (v) attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Website's server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means; (vi) except as explicitly authorized with respect to your Shop Accounts, use the Website as a forwarding or accepting service to or from another website or link to the Website using any non-standard linking method; (vii) use either the Website or GrowYourWebshop's names, logo or trademarks without GrowYourWebshop’ prior written consent; (viii) interfere with the full and complete display of advertisements on the Website pages (ix) make the Website available over a network where it could be used by multiple devices owned or operated by different people at the same time; (x) sublicense, redistribute, sell, lease, lend or rent your right to use the Website, in whole or in part; (xi) use the Website to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Agreement;
In addition, you must not, and shall not: (a) use any robot, spider, other automatic devices, or manual process to crawl, index, or copy the Website web pages or the content contained herein, or allow any third party to do the same or to access the service for any purpose; (b) take any action that imposes or may impose at GrowYourWebshop’ sole discretion, an unreasonable or disproportionately large load on the Website's infrastructure; (c) use any method to intercept or expropriate any system data or information from the Website without the express written permission of GrowYourWebshop; (d) collect or store personal data, or solicit personal identifying information including passwords, about other Website users; (e) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site, or make the unauthorized use of the username or password of another user; (f) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Website; (g) copy, modify, improve, or create derivative works of the Website or any part thereof; (h) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Website; (i) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Website.
In addition, and without derogating from the foregoing, you must not, and shall not: (i) engage in any activity that interferes with or disrupts the operation of the service servers or networks associated with the Website or places an undue burden on it or limits, negatively affects, or interferes with, other users’ ability to use the Website and the services offered therein; (ii) make excessive or otherwise harmful automated use of the Website or the service provided therein, including using scripts to add people to your list or to post or send comments; (iii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; (iv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including “trojan horses” and “worms”) or any other computer code, file, program, or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (v) contravene any requirements, procedures, policies, or regulations of networks associated with the Website and the services provided therein.
In any case of a violation of these Terms or the rights of third parties or misconduct or for any other reason, at GrowYourWebshop’s sole discretion and in addition to any other legal remedy, the GrowYourWebshop may prevent you from accessing the Website or your User Account, temporarily or permanently, and you hereby forfeit any claim against the Website on this regard.
Your Store; Content
For using the Website services, you will also be required to establish Shop Accounts with one of the platforms We are using at any given time. Your Shop Accounts must be connected to our platform for you to be able to use our services. Any changes made by you in your User Account or Shop Accounts, may cause our services to be unavailable temporarily or permanently.
The images and videos on the Website are for demonstration only. The quality of the image, its size, quality of colors etc. depends on many factors, including the type of browser you are using, screen quality and more. Therefore, noticeable differences may occur between the actual products and the way they are viewed on the Website.
Products published on the Website are not sold or delivered by Us, but by third parties. The purchasing of all products is subject to these Agreement and also to the terms and conditions of the third party from which they were purchased.
Your User Account may enable you to add, scrape from and into, create, upload, submit, distribute, or post content on, into or from the Website.
We do not claim ownership to any content of any kind (including, without limitation, information, data, text, sound, video, audio, music, logo, graphic image, picture, photograph, illustration, animation, sketch, simulation, software, computer code, application, format, protocol, database, interface, character, mark, symbol, icon, concept, know-how, technique or idea, or any combination, design, layout or presentation thereof) that you post, scrap, submit or make available for inclusion on the Website or through the Service (“User Content”).
By adding, creating, scrapping, uploading, submitting, distributing, or posting any User Content on the Website or through the service provided therein, you represent and warrant to Us that:
(i) you have all the rights necessary to post such User Content and to grant the license ad permission to use the User Content, as described below;
(ii) such User Content does not and will not contain any information that may be considered, either by you or by any third party, as confidential or proprietary;
(ii) such User Content does not infringe in any manner any right of any third party (including, without limitation, any trademark, copyright, or other intellectual property rights, any rights of publicity or right to privacy), does not violate any laws or regulations, and does not otherwise result in any consumer fraud, product liability, tort, breach of contract, defamation or libel, injury, damage or harm of any kind to any person or entity;
(iv) such User Content is not false or misleading.
To enable Us to provide the services offered on the Website, by posting any User Content, you hereby grant GrowYourWebshop with full, irrevocable, worldwide, perpetual, royalty-free and fully sublicensable and transferable right to use, copy, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, and publicly display such User Content and any part thereof, in any format or medium as now known or used, or may be known, used or developed by Us from time to time.
To the extent that any applicable law may restrict or prevent such right to use, you agree to never make or submit any claim against GrowYourWebshop in this respect, and that in any event the right of use hereunder shall apply to the maximum extent permitted by such applicable law. For the aforementioned purpose, you further grant GrowYourWebshop and its sublicensees, at their option, with the full the right to use the name that you submit in connection with such User Content.
As you know, the Website may be accessed by minors. You agree that you are solely and fully responsible for any User Content in whatever form posted or scrapped to the Website or through the service from your Shop Accounts or in any other way through you User Account.
In particular, and without to, you agree not to make any use of the Website to post or make available in any manner, including by way of the inclusion of any hyperlinks, scrapping, coping or otherwise, any User Content that:
(i) is illegal, unlawful, or promotes any such illegal activity, under the laws of any jurisdiction to which you or the Website Management may be subject;
(ii) is harmful, threatening, advocating violence, harassing, defamatory, indecent or obscene (including without limitation any images or depictions of child or animal abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations) or otherwise unsuitable for minors;
(iii) is falsified, deceptive or misleading, including by use of forged or fake headers or otherwise manipulated identifiers which disguise its origin, or lacking copyrights or trademark notices, author attributions, or any other information necessary to avoid making it misleading;
(iv) infringes, including by way of improper or unauthorized hyperlinking, any party’s intellectual property rights, including in particular any patent, trademark, trade secret, copyright;
(v) is protected against disclosure under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) contains unauthorized disclosure of personal information or is invasive of any person’s privacy;
(vii) may harm the reputation of GrowYourWebshop or any of its affiliates, employees, or shareholders, or hold them up to public scorn.
You hereby acknowledge and understand that the Website and GrowYourWebshop have no obligation to pre-screen or otherwise monitor any other third-party content including User Content available on the Website or accessible through the Service.
GrowYourWebshop has no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.
GrowYourWebshop makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability, completeness, condition, or usefulness of any third-party content posted on the Website, hyperlinks to third-party websites outside of the Website, or any content posted on third-party websites.
In particular, GrowYourWebshop is and shall not be liable for the terms and consequences arise of any commercial transaction consummated as a result of any advertisement placed on or available through the Website.
You agree that you must evaluate, and bear all risks associated with the use of any User Content or other third-party content or with the use of any third-party websites and if you choose to use such third-party sites, you shall be responsible for reviewing and complying with their terms of use on this respect.
You understand that by accessing certain areas of the Website, such as any forum, message-board, or chat-room, or using the services in any other way, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent, or otherwise inappropriate, especially for children.
If you think that specific content on the Website infringes on your rights, including intellectual property, privacy etc., please contact Us by email to: . When contacting Us please attach sufficient details that will allow Us to examine your claim. Such claim will not constitute any responsibility or accountability to GrowYourWebshop for said content or to require it to remove, correct or change it.
Payment Terms and Refunds
Use of the Website and GrowYourWebshop services is subject to payment. Prices may be updated at any time, with or without notice. Unless otherwise stated in a specific subscription plan, payments will recur on a monthly basis.
All payments will be processed via Stripe. You agree to provide accurate payment information and authorize us to charge your selected payment method for all applicable fees. Stripe’s terms of service and privacy policy will also govern your use of their platform, and you can review them at: https://stripe.com/privacy (the "Stripe Terms"). Any liability limitations or restrictions outlined in the Stripe Terms will be incorporated into these Terms, and where Stripe's terms limit liability further than ours, such limitations will take precedence. Additionally, any right or remedy not available under the Stripe Terms will not apply to your use of Stripe’s payment services.
You may subscribe to any available plan, and all subscriptions will automatically renew unless you cancel the recurring payment in your account settings or terminate your User Account. Cancellation may involve fees, as outlined on the Website.
Refunds for payments made for subscription plans are generally not available unless required by law. GrowYourWebshop may offer refunds on a case-by-case basis at its discretion, subject to up to a 15% fee and any additional fees charged by Stripe. Cancellation of future payments can only be done by terminating your User Account.
Credits in your account will remain valid, but balances in inactive (dormant, suspended, or terminated) accounts will only be maintained for a limited period, as determined by GrowYourWebshop and applicable laws. GrowYourWebshop reserves the right to deduct handling fees or other charges from inactive accounts in accordance with our policy and applicable laws.
If we suspect any illegal activity, including inactivity of credits or dormant accounts, we reserve the right to report such behavior to relevant authorities and provide user information where necessary.
For purchases made through third parties, cancellation policies will adhere to applicable consumer laws and the terms set by the third-party vendor. GrowYourWebshop is not responsible for cancellations of third-party transactions, regardless of whether they were facilitated through the Website.
By registering on the Website, you agree not to initiate a chargeback or cash-back request with your credit card provider for fees or payments associated with your registration or use of the Website. In case of a dispute, you must contact us directly for resolution. If justified, refunds will be granted according to applicable laws.
Prices on the Website may include taxes or additional fees. Any applicable taxes (such as sales tax or customs duties) will be your responsibility, with no liability to GrowYourWebshop. We reserve the right to withhold or deduct applicable charges or taxes from payments to you, as required by law.
GrowYourWebshop reserves the right to cancel any transaction suspected to involve fraudulent or illegal activity, including unauthorized credit card use.
Please ensure your password is secure. You are fully responsible for any damage or liability resulting from failure to maintain your login details, including your password. Notify us immediately of any unauthorized use of your password or breach of security.
The accepted payment methods may vary and will be determined by GrowYourWebshop at its discretion. When providing payment information (credit card, payment app account, or other methods), you guarantee that the payment method is owned by you. Use of any method not owned by you is your sole responsibility, and GrowYourWebshop will not be liable for any claims arising from such usage.
Invoices can be downloaded directly from the Website by accessing your account's invoice section. Invoices are not sent automatically via email.
Modifications to the Services
GrowYourWebshop reserves the right, in its sole discretion and at any time, to modify, update, change, suspend or discontinue the services on the Website or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services, or access thereto. You agree that We shall have no liability for any modification, suspension, or discontinuance as provided herein.
GrowYourWebshop shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the services thereof, and in particular for any result of unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.
Termination of User Account
You agree that We may, immediately and without notice, suspend or terminate your User Account or your access to all or part of the service and remove and discard any of your User Content within your User Account, if We, in our sole discretion determines that you have violated these Agreement.
Further, you agree that We shall not be liable to you or to any third party for suspending or terminating your User Account or your access to the Website, or for removing your User Content, other content, or any part thereof.
You may discontinue your participation in and access to the Website at any time, however in such case you shall at all time remain liable for any outstanding charges due to GrowYourWebshop.
Privacy and Data Protection
We appreciate and respect our users' privacy and has undertaken the relevant steps to meet the recent changes in privacy applicable regimes. To the extent that certain personal information about you will be collected, stored, or processed by Us during your use of the Website, such collection, process, and storage shall be made subject to and in accordance with the Website's Privacy Policy, as may updated from time to time. Your use of the Website is subject to, and shall be deemed to constitute, your acceptance to the Website's Privacy Policy.
Intellectual Property Rights
By registering to the Website, you acknowledge and agree that GrowYourWebshop is the sole and exclusive owner of all rights, titles, and interests, including all intellectual property rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, updates, upgrades, enhancements and restorations thereof, now or hereafter in force and effect worldwide, in and to the Website and the services provided therein, including the Website name, the software and design used to operate the Website and the services provided therein, and including all content of the Website and the services provided therein, excluding such content owned by third parties, whether or not copyright notice has been included in relation to specific information.
You further acknowledge that the Website and all content thereof may be protected by several international copyright and trademark laws, including in the United States, and You agree that GrowYourWebshop’ name, currently GrowYourWebshop (and any other name that may come after or in its place), and GrowYourWebshop’ logo are trademarks of GrowYourWebshop. You are not authorized to use any such trademarks, or any other trademarks of GrowYourWebshop, whether registered or unregistered.
Ownership of all such trademarks and the goodwill associated therewith remains and shall at all time remain with GrowYourWebshop, and nothing in these Agreement, on the Website or in the service as shall be provided to you shall be construed as granting any right or license with regard to any content, material, or trademark contained, used, or displayed on the Website or through the service provided to you, without the express prior written permission of such rights' owner.
Protected Content Rights
All rights and intellectual property in the content and information published on the Website are owned by GrowYourWebshop and are protected according to applicable law, whether registered or not, including all services provided on the Website, accounts, headers, domain names, computer code, designs, objects, characters, names, stories, dialogs, catch phrases, locations, ideas, artistic displays, animations, sounds, musical compositions, audio and visual effect, operation methods, data etc. (hereinafter, "Protected Content"). Without derogating from the above, content published by you on the Website will belong to you, without derogating from the Website's right to use such content as it sees fit pursuant to the right of use granted by you to GrowYourWebshop in these Terms. Some content on the Website may be owned by third parties, and the terms above shall apply also to use of such content.
Any use of Protected Content is prohibited without the explicit prior written approval from GrowYourWebshop. Without derogating from the above, copying, duplicating, reproducing, publishing, distributing, showing, publicly performing, broadcasting, selling or making available to the public in any way, any portion of the Website, without GrowYourWebshop's prior written approval is prohibited.
You further agree that any suggestions, comments, or other feedback provided by you to Us with respect to the service will constitute our confidential information and shall be deemed our Protected Content. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit any such feedback as We see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
Third Parties' Intellectual Property
Please acknowledge that some content on the Website may be owned by third parties other than the Website Management ("Third Party Content").
Accordingly, by creating User Account and using the services therein, you hereby agree that rights in any Third-Party Content (including any content licensed by GrowYourWebshop, advertisements, and User Content) presented to you through the use of the service or contained on the Website or in any other websites to which this Website links, including copyright, trademarks, logos, service marks, designs, patents or other proprietary rights and any other intellectual property rights not owned by GrowYourWebshop, are and at all time shall be owned by their respective third party owners.
As part of our respect to the rights of third parties, we encourage, expect, and aim to ensure that our users will do the same. Accordingly, it is our policy, in the applicable and appropriate circumstances, at our discretion, to disable, block, suspend or terminate such User Accounts who infringe or are repeatedly suspected with infringing the copyrights or other intellectual property rights of third parties.
DMCA Contact Information
We operate on an ongoing basis in all ways required to comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on the Website, please contact our designated representative by email to , or by mail to the following address : Stille Rijn 11B, 2312DE, Leiden, Netherlands
Please make sure that any such complaint will include, at least, the following information:
1. full description and sample of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of the content that you claim is infringing and where it is or was located on the Website;
3. Your mailing address, telephone number, and an email address;
4. a statement by you that you are the owner of the infringed work, or otherwise a statement that you have a good faith belief that the use of the content on the Website is not authorized by the copyright owner, its agent, or the law;
5. a statement by you that the information provided by your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
Compliance with Laws
Recognizing the global nature of the services offered on the Website, you agree not to use your User Account or the Website to engage in any activity that is illegal or unlawful under the laws of any jurisdiction to which you or GrowYourWebshop may be subject, or that otherwise violates any applicable local, state, national or international laws or regulations.
In particular, you hereby agree to comply with all applicable laws and rules regarding consumer protection, online and e-commerce conduct, acceptable content, intellectual property, and the transmission and export of technical data. As you know, this Website may be accessed by children.
You specifically agree not to do anything harmful to minors in any way, not to promote, sell or purchase illegal or inappropriate products, not to promote or provide instructional information about illegal activities, not to promote directly or indirectly physical harm or injury against any individual, group, or governmental entity, nor to promote any act or product which encourage cruelty to animals.
GrowYourWebshop reserves the right to report any wrongdoing that GrowYourWebshop may become aware of to the applicable government agencies or to take other appropriate action permitted by law.
Indemnification; Limitation of Liability
You undertake to indemnify and hold GrowYourWebshop or any of its Representatives, harmless from any claim, demand, damage, loss, loss of profit or expense, including reasonable legal expenses and fees, which may incur to them as result from: (i) the violation of these Agreement; (ii) the violation of any applicable law by you; (iii) as result from any third party claim and/or demand resulting from your infringing use of the Website and the services provided therein; (iv) any information or User Content posted on or integrated into the Website or made available on the Website by you; (v) any other action made from your User Account.
THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL AUTODS AND/OR ANYONE ACTING ON ITS BEHALF BE LIABLE UNDER ANY CIRCUMSTANCES AND BY VIRTUE OF ANY CONTRACTUAL, TORTIOUS GROUNDS OR ANY OTHER GROUNDS, TOWARD YOU OR TOWARD ANY OTHER PERSON IN RESPECT OF ANY COST OR DAMAGE, DIRECT OR INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL COMPENSATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES IN RESPECT OF IMPAIRMENT OF GOODWILL, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, WORK STOPPAGE, CRASH OR ANY OTHER PROBLEM INVOLVING A COMPUTER AND/OR ANY DEVICE USED ON THE WEBSITE, BUSINESS INTERFERENCE, ETC.) RESULTING FROM THE USE OR FROM THE IMPOSSIBILITY OF USING THE WEBSITE OR ANY PART THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IT BEEN ADVISED OR BEEN AWARE OF THE POSSIBLE EXISTENCE OF SUCH DAMAGE. YOU HEREBY EXEMPT AUTODS AND ALL THE AFORESAID ON ITS BEHALF FROM ANY LIABILITY AS SET FORTH IN THIS PARAGRAPH.
Without limiting from the generality of the above, GrowYourWebshop shall not be liable to any errors in the operation of the Services, any errors in prices, quantities, descriptions, performance of orders and/or any other aspects of the services unless it is proven that GrowYourWebshop has acted in willful misconduct.
GrowYourWebshop shall conduct its defense in any such third-party claim or proceeding, in its sole and absolute discretion, and you undertake to bear such defense costs, and to fully cooperate with GrowYourWebshop for such purpose.
Governing Law; Mandatory Arbitration
The substantive laws of the State of the Netherlands shall govern these Terms and the relationship between you and GrowYourWebshop, and any other matter connected with, or deriving from, the Website or the service provided therein, notwithstanding your actual place of residence.
Any dispute arising out of or in connection with these Terms, including any question regarding its breach and/or its implementation and/or its termination, shall be referred to and finally and exclusively resolved and settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) by one or more arbitrators appointed in accordance with the said Rules (the “Arbitrator”). You hereby agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply, provided the amount in dispute does not exceed US$ US$20,000 at the time of the communication referred to in Article 1(3) of the Expedited Procedure Rules.[Note: lets’ discuss this]
The seat of the arbitration shall be in [Country Name], in a place as shall be determined by the ICC. The Arbitrator shall be a practicing lawyer admitted in [Country Name] who possesses expertise in arbitrating commercial matters of the type that may arise in connection with these Terms and shall be appointed by the ICC.
The arbitration proceedings shall be recorded and transcribed, however kept in strict confidentiality by the parties, unless a party is required to make a decision of the arbitration public in order (and only to the extent necessary) to enforce such decision. Pending the Arbitrator’s award, the fees and expenses of the Arbitrator shall be borne equally by the Parties. The Arbitrator shall conduct the proceedings, and all awards shall be rendered, in English, unless otherwise mutually agreed between the Parties. This section constitutes an arbitration agreement in accordance with the New York Convention, 1958 and any other law or regulation applicable to the Parties.
Communications
By registering to and using the Website, you affirmatively consent to receive from Us advertising, promotional and marketing materials, as well as service related communications, including service announcements and administrative messages, relating either to your User Account and your transactions on the Website. You may at any time submit Us with your request to remove your contact information from our mailing list and to stop receiving future communication from us. In order to do so, please email your request to: hello@growyourwebshop.com.
Miscellaneous
Headings in these Terms provided for convenience only and have no legal, interpretive or contractual effect.
The Website's Privacy Policy is incorporated herein by reference and made integral part of these Terms.
Your registration to the Website and creation of any User Account shall not be deemed as creating any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. The Agreement and the right to use the Website is provided directly to you for personal use and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof.
In case of any dispute between you and any third party, you acknowledge and agree that GrowYourWebshop is under no obligation to become involved in such dispute, and you hereby release GrowYourWebshop from any and all liability arising out of, or in any way related to, such disputes.
Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth in these Terms, shall remain in full force and effect following termination of your use of the Website.
If any provision of these Terms will be found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect, and you agree that the court should endeavor to give the maximum effect permitted to the parties’ intentions as reflected in such provision.
Delay or failure of GrowYourWebshop to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign your rights and permissions or delegate your liabilities hereunder without the express written permission of GrowYourWebshop. GrowYourWebshop may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
Any message will be deemed as delivered only after 7 business days since its delivery by registered mail with confirmation and upon the next business day after being sent via email without receipt of an error message.
Any modification to these Terms and conditions shall be binding upon its publication on the Website.
Contact Us
For any question in connection with the use of the Website you are invited to contact Us directly thorough one of the following means: (i) sending an inquiry under "Contact Us" tab on the Website; (ii) sending an email to the following e-mail address: hello@growyourwebshop.com.
In order to assist Us to handle your inquiry in a timely and professional manner, please make sure your inquiry includes your name and contact details, including the email, with which you have registered to the Website, your username, and a link to the content page relevant to your inquiry. Also, you may feel free to state any detail that may assist Us in handling your inquiry. A response to your inquiry shall be provided as soon as possible, depending on the specific circumstances.
