1. Account Terms You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a CommerceUp account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. CommerceUp may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You are responsible for keeping your password secure. CommerceUp cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of CommerceUp will result in an immediate termination of your services.
You are responsible for your Account and any Materials you upload to the CommerceUp. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email or contact on phone number provided by you.
2. Account Activation
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
You acknowledge that PayU Checkout and/or CommerceUp Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayU Checkout is a Third Party Service.
3. General Conditions
Technical support is only provided to paying Account holders and is only available via email.
You acknowledge and agree that CommerceUp may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on CommerceUp's website, If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the CommerceUp service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction,You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CommerceUp.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
CommerceUp does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We do not claim any intellectual property rights over the material you provide to the CommerceUp service.
By uploading images and item description content to commerceup.io, you agree to allow other internet users to view them and you agree to allow CommerceUp to display and store them and you agree that CommerceUp can, at any time, review all the content submitted by you to its Service.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use CommerceUp or CommerceUp trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
4. CommerceUp Rights We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any CommerceUp customer, CommerceUp employee, member, or officer will result in immediate Account termination.
CommerceUp does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that CommerceUp employees and contractors may also be CommerceUp customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
CommerceUp retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, CommerceUp reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability You expressly understand and agree that CommerceUp 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 resulting from the use of or inability to use the service.
In no event shall CommerceUp or our suppliers be liable for lost profits or any 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 (as applicable) our parent, subsidiaries, affiliates, CommerceUp 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 , or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
CommerceUp does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
CommerceUp does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
CommerceUp does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement The failure of CommerceUp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and CommerceUp and govern your use of the Service, superseding any prior agreements between you and CommerceUp (including, but not limited to, any prior versions of the Terms of Service).
7. Payment of Fees There are different payment term options available, and depending on the payment term decided with CommerceUp the merchant has to pay on the pre-decided monthly, quarterly, half-yearly or yearly terms.
The merchant has to pay with-in 7 days from the date of Invoice, or he/she risks the chance of closure/termination of the online store.
All fees are exclusive of all state and central taxes, service, sales tax or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
CommerceUp does not provide refunds.
8. CommerceUp Shipping If you are located in India, you can purchase shipping labels from within your CommerceUp administrative console for delivery of goods purchased from your CommerceUp Store.
9. Cancellation and Termination Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
We reserve the right to modify or terminate the CommerceUp service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, CommerceUp may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10. Modifications to the Service and Prices Prices for using CommerceUp are subject to change upon 14 days notice from CommerceUp. Such notice may be provided at any time by posting the changes to the CommerceUp Site (commerceup.io) or via an announcement.
CommerceUp reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
CommerceUp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Enterprises customers may have different pricing on basis of mutual agreement.
Banned restricted products and services: You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.