effective date – 03 October 2008
Acceptance of Acceptable use Policy:
These conditions become effective when you access the site for the first time and constitute a binding agreement between MyEcommerce and yourself, which will always prevail, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
The current version of these conditions will govern our respective rights and obligations each time you access this site. If you do not agree to these terms, please do not use this Web site.
Amendments to these conditions:
MyEcommerce may amend these conditions without notice to you, at any time. By accessing this site you are bound to the version of the conditions published here at the time of any visit to this site. You agree that it is your sole responsibility to view the current version when you access the site.
Capacity to enter into agreements:
You hereby warrant to MyEcommerce that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions.
This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without MyEcommerce’s prior written consent, except that MyEcommerce grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer.
This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site.
Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Failure to Comply:
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
MyEcommerce does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
You may not mirror any of the content from this site on another Web site or in any other media.
Representations and Warranties:
You represent and warrant that;
(a) all of the information provided by you to MyEcommerce to participate in the Services is correct and current,
(b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you herein.
We do not warrant that the site will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
MyEcommerce assumes no responsibility and expressly disclaims responsibility for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.
Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY APPLICATIONS AVAILABLE VIA THIS SITE ARE FREE OF VIRUSES, TROJANS, BOMBS, OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR AFFECT THE OPERATION OF YOUR COMPUTER, DATABASE, NETWORK OR OTHER INFORMATION SYSTEM.
Forward-looking and cautionary statements:
Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially.
Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and MyEcommerce makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.
You agree to hold harmless and indemnify MyEcommerce, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Disclaimer and Limitation of Liability:
ALTHOUGH WE HAVE MADE EFFORTS TO ENSURE THAT THE CONTENT ON THIS SITE IS ACCURATE AND THAT YOU SUFFER NO LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THE SITE, THE CONTENTS ON THIS SITE ARE PROVIDED “AS IS”. YOUR USE OF THE SITE AND YOUR RELIANCE ON THE MATERIAL AND INFORMATION ON THE SITE, ARE AT YOUR OWN RISK.
YOU ARE COMPLETELY RESPONSIBLE FOR ANY LOSS RESULTING FROM THE USE AND THE RELIANCE ON THE CONTENTS OF THE SITE. NEITHER OF MyEcommerce, NOR ANY OF OUR AFFILIATES, SHAREHOLDERS, EMPLOYEES, CONSULTANTS AND AGENTS ARE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE AND THE CONTENTS ON THE SITE. THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE AND REGARDLESS OF WHETHER WE WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WE WILL NOT BE LIABLE FOR:
ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF THE SITE OR OUR DATABASES OR ANY OF ITS COMPONENTS, FOR WHATEVER REASON.
ANY LOSS OR DAMAGE WITH REGARD TO YOUR DATA DIRECTLY OR INDIRECTLY CAUSED BY MALFUNCTION OF OUR SYSTEM, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES OR DESTRUCTIVE CODE ON OUR SYSTEM OR THIRD PARTY SYSTEMS; PROGRAMMING DEFECTS; NEGLIGENCE ON OUR PART
ANY EVENT OVER WHICH WE HAVE NO DIRECT CONTROL
Links to other sites:
This Web site may provide links or references to non-MyEcommerce Web sites and resources. The Company makes no representations, warranties, or other commitments whatsoever about any non-MyEcommerce Web sites or third-party resources that may be referenced, accessible from, or linked to any MyEcommerce site.
A link to a non-MyEcommerce Web site does not mean that MyEcommerce endorses the content or use of such Web site or its owner. In addition, MyEcommerce is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a MyEcommerce website.
Accordingly, you acknowledge and agree that MyEcommerce is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-MyEcommerce Web site, even one that may contain the MyEcommerce-logo, please understand that it is independent from MyEcommerce, and that MyEcommerce does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Linking to this site:
All links to this Web site must be approved in writing by MyEcommerce, except that MyEcommerce consents to links in where; the link and the pages that are activated by the link do not:
a create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site
b misrepresent your relationship with MyEcommerce
c imply that MyEcommerce approves or endorses you, your Web site, or your service or product offerings
d present false or misleading impressions about MyEcommerce or otherwise damage the goodwill associated with the MyEcommerce name or trademarks.
As a further condition to being permitted to link to this site, you agree that MyEcommerce may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any MyEcommerce trademark.
Content of the Service:
MyEcommerce takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does MyEcommerce have any obligation to monitor such third party content. MyEcommerce reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
MyEcommerce also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to;
a. satisfy any applicable law, regulation, legal process or governmental request
b. enforce this Agreement, including investigation of potential violations hereof
c. detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam)
d. respond to user support requests
e. protect the rights, property or safety of MyEcommerce, its users and the public.
MyEcommerce will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
Information MyEcommerce publishes on the World Wide Web may contain references or cross references to MyEcommerce products, programs and services that are not announced or available in your country. Such references do not imply that MyEcommerce intends to announce or make available such products, programs, or services in your country. Please send us an email or consult your local MyEcommerce business contact for information regarding the products, programs, and services that may be available to you.
MyEcommerce Mail Privacy:
MyEcommerce does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to MyEcommerce will be deemed NOT to be confidential. By sending MyEcommerce any information or material, you grant MyEcommerce an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information.
You also agree that MyEcommerce Studio is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:
(a) we obtain your permission to use your name
(b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it
(c) we are required to do so by law.
Personally-identifiable information that you submit to MyEcommerce for the purpose of receiving products or services or engaging MyEcommerce on a business level will be handled in accordance with our privacy policies.