Terms of service

Last updated: May 1st, 2020

These Shopision Terms of Use ("Terms of Use") are a legally binding agreement between the user ("User" or "you") of eCommerce Web and graphic design marketplace (as defined hereinafter) and Applicable Shopision, Inc. ("Shopision", “Shopision Studio,” "we" or "us") as described in Shopision Terms of Service, accessible at https://www.shopision.com/legal/terms (hereinafter "Shopision Terms of Service").

Please make sure you fully understand the projects of these Terms of Use. If you have any doubts about any of your rights and obligations resulting from your acceptance of these Terms of Use, please consult us or obtain legal support.

These Terms of Use include and hereby incorporates by reference the Shopision Terms of Service, as such agreement may be in effect and modified by Shopision from time to time.

IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF USE, YOU MAY NEITHER CONTINUE WITH THE PROCESS OF REGISTRATION, NOR FURTHER USE THE SHOPISION MARKETPLACE SERVICE.

1. SHOPISION MARKETPLACE SERVICE.

1.1. Definition. “Shopision marketplace” – provision of access to project ordering service and to some other services as described more fully on our website at www.shopision.com (hereinafter “Website”).

1.2. Right to Use Shopision. Shopision hereby grants you permission to use the Shopision solely as set forth in these Terms of Use and in the manner set forth on our Website. In the event of any conflict between these Terms of Use and the Website, these Terms of Use shall prevail, with the exception of Shopision Terms of Service. Any use of the Shopision other than as set forth in these Terms of Use or in violation of any term of these Terms of Use will result in suspension or revocation of your use privileges in our sole discretion. You may not use the Shopision if you are not of legal age to enter into a contract in your jurisdiction or if you do not have the authority to accept these Terms of Use. If you are under 18, please do not attempt to use the Shopision or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible.

1.3. Changes. We reserve the right to change the terms or specifications of any Shopision in our discretion, with or without prior written notice to the Users, by replacement of text of these Terms of Use or by changing the information on the Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of the change. If any amendment is unacceptable to you, your only recourse is to terminate relations with Shopision. Your continued use of the Shopision following our notice of change will constitute binding acceptance of these Terms of Use, as amended.

1.4. Suspension or Termination of Service. Notwithstanding anything stated or implied to the contrary in these Terms of Use, we may at any time, without derogating from our other rights under these Terms of Use, applicable law or otherwise, suspend or terminate any or all of Shopision, effective immediately upon issuance of a written notice. Such suspension or termination may also apply, as the case may be, to specific jurisdictions, lines of business, and otherwise or to a specific customer or a group of Users. Notwithstanding the foregoing, with respect to Users of the Shopision, whenever reasonably possible, such Users may be given up to thirty (30) days prior notice of suspension or termination of their use of the Shopision.

1.5. Third-Party Services. We reserve the right to use third-party service providers in the provisions of all or part of the Shopision including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the User may be subject to such third party’s terms and conditions. We accept no responsibility for services provided by any third party.

2. ACCESS TO AND USE OF MARKETPLACE SERVICE.

2.1. User Representations. By using the Shopision marketplace, you represent and warrant that (a) all information you provide us is truthful, legally obtained and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this agreement; and (d) your use of the Shopision does not violate any third party rights, any applicable law or regulation.

2.2. Acceptance. By using the Shopision marketplace, you agree:

2.2.1. with these Terms of Use, Shopision Terms of Service, and you fully authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy, accessible at https://www.shopision.com/legal/privacy, which forms an integral part of these Terms of Use.

2.2.2. that Shopision has the right to collect and process the anonymized data, collected via the Shopision and use it for analytics, and specifically publicly distribute the analytical information containing the anonymized information.

2.3. Use of the Shopision marketplace. To use the Shopision, you should register on our Website as described herein, subscribe to the Shopision and/or fill in and confirm the project order form (hereinafter “Order”) if you want to order the project, provide us a contact and billing details, pay the price specified on the Website or otherwise specified by Shopision in writing. Shopision may request you to provide clarifications and details with regard to the Order and/or may reject any Order in its sole discretion.

2.4. Registration; Billing. To register as a user, you have to create a user account on the Website by following registration procedures and instructions set forth therein. There is no cost to create a Shopision user account. However, in order to access paid features of the Shopision, you will be required to provide billing details. As a User of the Shopision, you agree to notify us promptly of any changes to your billing details.

2.5. Prohibited Uses. You are expressly prohibited from using the Shopision in any of the following ways or for any of the following purposes:

2.5.1. No Illegal Purpose. You may not use the Shopision for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws.

2.5.2. No Tampering. You may not use the Shopision in a way that is detrimental to the operation of the Shopision or the access or use of the Shopision by anyone else. You will not upload or transmit viruses, worms, or any other destructive code. The restriction in this section applies to any use that interferes or attempts to interfere with the normal operations of the Shopision, including hacking, deleting, augmenting, or altering the Shopision.

2.5.3. Permission Required. You may not, without our prior written permission and, solely with respect to lease, resale and sublicense, except as may be specifically stated herein or allowed by Shopision in writing, (a) copy, distribute (including by framing any of the Shopision on any website), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Shopision or any data resulting therefrom; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; (c) make derivative works of the Shopision; (d) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or the Shopision; (e) modify another website so as to falsely imply that it is associated with the Shopision, Shopision or any other Shopision products or services; or (f) make the Website or the Shopision or any part thereof available to others in a service undertaking or outsourcing arrangement or for any other commercial time-sharing, data processing or other third party use.

2.5.4. Automatic Inquiries. All automatic inquiries are prohibited.

2.6. Assignment. A User may not assign, transfer, exchange, pool or barter any of its rights or obligations under these Terms of Use, unless expressly permitted by Shopision in writing. Any violation of the foregoing restrictions is grounds for immediate suspension of User’s use of the Shopision and further termination of these Terms of Use.

3. FEES AND SETTLEMENT.

3.1. Service Fees. With respect to the Shopision marketplace service, the User will be charged the fees set forth by Shopision on the Website or otherwise specified by Shopision in writing (the “Shopision marketplace fees”). Shopision marketplace fees, unless explicitly shown during the process of payment and following confirmation thereof, are exclusive of value-added tax and any additional or other taxes, charges or duties which may be imposed in connection with any and all payments made or due hereunder and shall, if applicable, be borne, respectively registered and duly declared by User.

3.2. Promotional Giveaways. From time to time we may offer promotional giveaways of the Shopision marketplace service, subject to the specific rules that we will announce at the time of any such promotional giveaway. Users shall bear sole responsibility for any and all income tax consequences that may result from their winning any such giveaway. Further, solely to the extent required by applicable laws, Users agree to submit to us duly completed tax forms, to enable us to make all required filings with tax authorities.

3.3. Change in Shopision marketplace fees. Shopision marketplace fees may be changed and/or new charges may be introduced in addition to Shopision marketplace fees upon provision of thirty (30) days’ prior written notice by Shopision to the User. Notwithstanding the foregoing, the Shopision marketplace fees may be increased, immediately and with a contemporaneous notice from Shopision, in the event of (a) any change in the services or fees of our third-party service providers; (b) changes in the Shopision which are made at your request; or (c) delays and/or other issues due to User failure to fulfill User obligations or due to User request to delay work for any reason.

3.4. Payment. Any Shopision marketplace fees shall be paid by User during the process of subscribing to the Shopision and/or during the process of submitting the Order, or within 30 (thirty) days from the issuance of the relevant invoice by Shopision, or as otherwise offered by Shopision in writing, at the option of the User by credit card or another payment method accepted on the Website. Any bank fees and charges shall be borne solely by User.

3.5. Refund policy. It’s our goal to provide a quality service for our customers and ensure that you have a good experience with Shopision. The purpose of our 7-day return policy is to ensure prospective customers have the opportunity to test Shopision out risk-free. These are the requirements to qualify for the refund policy. To qualify for refund policy: (i) must create at least 1 project, (ii) provide us with clear direction and feedback during the design process, (iii) must give feedback, and allow our experts at least 2 attempts to get it right, (iv) Eligibility for refund is nulled if… be on the first 7-day of your order or subscription. (i) You approve the order and/or any part of the project, (ii) you publish a project, request, or download source files, (iii) you exceed the first 7-day of your order/subscription. 

We have these policies in place both to protect the integrity of our service and safeguard from abuse. If you have any further questions please feel free to email us at [email protected]. Repeated purchase of the Shopision and cancellations, followed by requests for refunds, by a User may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold the Shopision to any such offending User and refuse any refund otherwise available to such User.

4. MARKETPLACE SERVICE SUBSCRIPTION.

In order to get access to the Shopision with expanded functionalities, you should subscribe to the Shopision and pay the price as described on the Website.

5. PROJECT DELIVERY.

5.1. Placing an Order. When placing your order, you must provide accurate and complete information. Your Order must not infringe upon the rights of third parties, including without limitation copyrights, moral rights, trademarks, and service marks. You may not submit any pornographic, obscene, slanderous, libelous, or other degrading Orders. You are solely responsible for the information you provide us and any consequences thereof, including without limitation any possible consequences and misunderstandings, in case you provide us with inaccurate and/or incorrect and/or unfaithful information.

5.2. Changes in the Order. You can send us clarifications and changes with regard to your Order before its confirmation. You must not change your order once we receive confirmation from you. Any alterations to confirmed Orders are considered as additional order, thereby requiring additional payment.

5.3. Acceptance of the Order. Once your Order would be completed, it would be posted to your account on the Website for review. Upon your written request, Shopision may send you the notification to your email with regard to the completion of the Order. You can: (i) accept the ordered project; or (ii) request a revision within 3 (three) calendar days from the receipt of the (revised) project, with a maximum of 3 (three) revision requests per 1 (one) ordered project; or (iii) reject the ordered project only after at least one revision request.

5.4. Revision Request. In case of revision request, the term for execution of the Order may be extended. If the user did not provide the revision request within 3 (three) calendar days from receipt of the relevant (revised) project,  the project deemed to be accepted by User without objection.

6. RIGHTS TO ACCEPTED A PROJECT.

You have no rights to or ownership of any project until the ordered project would be accepted and paid in full. Once the project would be accepted and paid in full, the User would have the right to publish, perform, display, reproduce, distribute, create derivative works and sell the ordered, accepted and fully paid project in any type of media including, but not limited to, print and or online media throughout the world.

7. TERMINATION.

7.1. Termination Right. Either party may terminate these Terms of Use at any time in its sole discretion with written notice to the other. Notwithstanding anything stated or implied to the contrary in these Terms of Use, Shopision reserves the right to terminate the User’s access to the Shopision immediately without notice for abusive or fraudulent activity, for failure to comply with these Terms of Use, or for any other reason in its sole discretion.

7.2. Effect of Termination. Upon termination of these Terms of Use, all rights of the affected User with respect to the use of the Shopision shall terminate immediately. 

8. CONTACTS.

We are always available to be reached by phone at +1 (415) 7022969, or by e-mail at [email protected].

IN ANY MATTER NOT COVERED BY THESE TERMS OF USE THE PARTIES HERETO SHOULD REFER TO SHOPISION TERMS OF SERVICE.

Last updated: May 1st, 2020.