TERMS AND CONDITIONSThis page was last updated on 01.06.2016
1.APPLICABILITY OF THE CONDITIONS
“Ubicross” is property of UBICROSS LLC (a company duly incorporated and validly existing under the laws of the Republic of Armenia and registered seat at Mayisyan 33a apt 8, Yerevan, Armenia; hereinafter referred to as “UBICROSS”) and by signing up for the Ubicross service (“Service”) or any of the services offered inUbicross platform(“Ubicross”) you are signing agreement with UBICROSS LLC and agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Ubicross under the Terms of Service include various products and services to help you create and manage a retail store. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.ubicross.com/legal/terms You are advised to check the Terms of Service from time to time for any updates or changes that may impact you..
2.ACCOUNT USAGE AGREEMENT
- 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.
- Services offered on or through Ubicross’s website may require you to open an account. Any natural person with full active legal capacity or any legal person may apply for an Ubicross account. To get service access as who is using Self-service you need to register an accounton the Ubicross platform.
- You acknowledge that Ubicross will use the email address you provide as the primary method for communication.
- You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, data, graphics, photos and links that is uploaded under your Ubicross Account (“Store Content”). IN CASE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT, OR ANY OTHER BREACH OF SECURITY, YOU AGREE TO NOTIFY UBICROSS IMMEDIATELY. Try not to reuse your Ubicross account password on third-party services.
- You may not transfer your account to anyone without explicit written permission of Ubicross and you may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account. Ubicross cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You will be held liable for losses due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.
- To get an Ubicross account you must provide your real name(s) and full personal and/or company registration information including payment data, if required. All information you provide upon registration must be accurate and up-to-date. You may not provide any false information, or create an account for anyone other than yourself without respective authorization. The representative of a legal person making the Ubicross account on behalf of the legal person must ensure that they have all the necessary rights and powers to do that.
- Ubicross reserves the right to add, edit, remove or reclaim any account details (including your submissions) with or without your request if deemed appropriate.
- Ubicross may immediately close your account at any moment if you engage in fraudulent activity or there is any other reason to terminate your Contract without prior notice. In case Ubicross finds at its sole discretion that there is a threat that you are engaging in any suspicious activity, you have violated the Contract or it is necessary for security reasons, Ubicross may temporally block your account until the cause for blocking your account has been eliminated; or if that cannot be eliminated or you refuse or fail to eliminate it, close your account. If your account has been blocked or closed, you may no longer use Ubicross services. For security reasons Ubicross may in addition block your access to the entire Ubicross’s website. You agree that Ubicross will not be liable to you or to any third party for termination of your access to your Ubicross account and/or the Ubicross’s website as a result of any violation of the Contract by you.
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the laws of Republic of Armenia applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Republic of Armenia with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- Additional terms or service conditions may apply and be shown separately. These additional terms become part of your agreement with Ubicross and all the policies made available to you therein must be followed. If you do not agree to all the terms and conditions of this contract, then you may not use any of Ubicross services.
- The general terms and conditions of the partnership contained herein constitute the basis of the commercial relationship between Ubicross and (i) you as a natural person or (ii) you as a legal person (if the Contract is made by a natural person on behalf of a respective legal person) (hereinafter referred to as “you”) who is using Ubicross products and services.
- You may not use the Ubicross 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, or the laws of the Republic of Armenia. 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 Ubicross.
- Questions about the Terms of Service should be sent to [email protected] .
- You understand that your Store 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. Credit Card information is always encrypted during transfer over networks.
- The parties have required that the Terms of Service and all documents relating thereto be drawn up in English.
- Ubicross reserves the right, at its sole discretion, to change, modify, add or remove portions of any part of UBICROSS GENERAL TERMS AND CONDITIONS, at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Ubicross customer, Ubicross employee, member, or officer will result in immediate Account termination.Ubicross does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via 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 Ubicross employees and contractors may also be Ubicross customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
5. LIABILITY OF UBICROSS
- UBICROSS DOES NOT PROMISE THAT THE UBICROSS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE UBICROSS WEBSITE AND SERVICES WILL PROVIDE SPECIFIC RESULTS. THE UBICROSS WEBSITE AND ITS CONTENT AND UBICROSS SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE UBICROSS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. UBICROSS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE UBICROSS WEBSITE, PRODUCT OR ANY SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UBICROSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UBICROSS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE UBICROSS WEBSITE AND/OR ANY UBICROSS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE UBICROSS WEBSITE AND ANY LINKED SITES AND UBICROSS SERVICES. YOUR SOLE REMEDY AGAINST UBICROSS FOR DISSATISFACTION WITH THE UBICROSS WEBSITE OR ANY CONTENT OR UBICROSS SERVICE IS TO STOP USING THE UBICROSS WEBSITE OR ANY SUCH CONTENT OR UBICROSS SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
- Ubicross reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Ubicross website, or any portion of the Ubicross website, for any reason; (2) to modify or change the Ubicross website, or any portion of the Ubicross website, and any applicable policies or terms; and (3) to interrupt the operation of the Ubicross website, or any portion of the Ubicross website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Ubicross may, in its sole discretion and without prior notice, terminate your access to the Ubicross website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Ubicross website or any service offered on or through the Ubicross website,(4) violation by you of any terms and conditions of the Contract with Ubicross, or (5) unexpected technical issues or problems.
- TO THE EXTENT PERMITTED BY LAW (i) IN NO EVENT SHALL UBICROSS BE LIABLE UNDER THE CONTRACT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) UBICROSS’S AGGREGATE LIABILITY UNDER THE CONTRACT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY UBICROSS IN CONNECTION WITH THE CONTRACT WITH YOU DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. You confirm that you have entered into the Contract with Ubicross relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between you and Ubicross.
6. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT
- We do not claim any intellectual property rights over the material you provide to the Ubicross service. All material you upload remains yours. You can remove your Ubicross store at any time by deleting your Account.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Ubicross to display and store your Store Content; and (c) that Ubicross can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a Ubicross store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Ubicross shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
7. UBICROSS THEMES
- You may establish the appearance of your Ubicross store with a design template from Ubicross’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Ubicross or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Ubicross gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your store. Ubicross may add or modify the footer that refers to Ubicross at its discretion. Ubicross may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Ubicross may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Ubicross may take administrative action such as modifying your store or closing your store.
8. PAYMENT OF FEES
- You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- Once you subscribe for one of Ubicross Paid plans or submit an order to purchase of any products or services as mentioned in 8.1, we will send an email to Account Owner provided email address with invoice which must be paid by you manually. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Ubicross will never keep any personal data of your Credit Card, and we will never charge money automatically from your account.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Ubicross’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Ubicross administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- Ubicross does not provide refunds.
9.CANCELATION AND TERMINATION
- Your Contract with UBICROSS becomes effective upon registration of your Ubicross account.
- You may cancel your Account at anytime by emailing [email protected] and then following the specific instructions indicated to you in Ubicross's response.
- Upon termination of the Services by either party for any reason:
Ubicross will cease providing you with the Services and you will no longer be able to access your Account;unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Ubicross for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your store website will be taken offline.
If you purchased a domain name through Ubicross, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Ubicross Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Ubicross 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 the Services are subject to change upon 30 days notice from Ubicross. Such notice may be provided at any time by posting the changes to the Ubicross Site (Ubicross.com) or the administration menu of your Ubicross store via an announcement.
- Ubicross reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Ubicross shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
THIRD PARTY SERVICES
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Ubicross’s partners or other third parties.
- Ubicross may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Ubicross App Store. Such Third 12.3 Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Ubicross’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Ubicross has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Ubicross’s websites, including the Ubicross App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Ubicross. Ubicross strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Ubicross is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
- Under no circumstances shall Ubicross be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Specialist. These limitations shall apply even if Ubicross has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.