The end user license agreement acknowledges that the parties, both seller and buyer hereby stipulate, agree and bound by the terms and conditions. Migrateshop hereby lists out the rights and criteria, when you purchase the digital products, designed & developed by Migrateshop. According to this agreement, you are ready to purchase and accept product or products from Migrateshop. Read the terms and conditions thoroughly ahead of ordering, installing and employing the Migrateshop software product, as it includes license for the usage and the details about warranty and liability disclaimers.
- Under the terms and conditions, the customer should be at least 18 years to make a purchase from Migrateshop, as he has to legally enter into the contracts and agreements.
- Migrateshop may amend, change, add or delete this agreement or terms and conditions, at any time. Such amendments will come to effect after posting the revised policies, rules and agreement on the website.
- You are exclusively responsible for watching such notice to the agreement and policies. If you continue to use the website after the revisions on policies and agreements, you automatically acknowledge such amendments. If you do not accept, stop using the shop.
- Products sold through Migrateshop are absolutely non-commercial and the agreement specifically states that you cannot resell the product.
- The software indicates the particular software; III party software installed therein; corresponding documentation; printed materials; associated media; electronic documentation; and every upgrade or update, provided after the sale.
- Migrateshop does not provide any rights with regards to trademarks, service marks and copyrights.
Migrateshop’s RIGHTS AND OBLIGATIONS
Migrateshop may at any time:
- Remove or change (permanently or temporarily) features and user perspective, without signifying the reasons for such activities.
- Restrict or ban your usage, if you breach the terms and conditions or any law, which may be unlawful and threatening to the normal operation of Migrateshop
- Unilaterally change this agreement
Migrateshop commits to:
- Deliver the product immediately after signing up the license agreement and payment process
- Quality standards of the product, as per the product description
- Build congenial conditions to regularly use the shop and to make purchases
- Guarantee to sell and deliver the products and this right is not limited or disputed
- Technical support to fix errors occurred during the normal usage of unmodified software.
- Send free updates, free bug fixes, free installation and free templates on one domain and not for free package.
- Support is not liable if there is integration of III party modules; customization of graphical interface; or when the software has added functionalities.
- Migrateshop has no responsibility for alterations or failures, arising out of using our software on hardware configuration, operating system or platform that are not recommended.
- Affirm that Migrateshop does not breach any patents, trademarks, industrial design rights and any other intellectual property rights.
CUSTOMER’S RIGHTS AND OBLIGATIONS
The customer has the right to:
- Purchase the marketplace products, built and developed by Migrateshop, in accordance with the rules of this agreement
- Immediately intimate when the quality of the product does not match the expectations
- Demand to avail upgrades of the product.
- Demand to avail services when the quality does not meet with the commitments, mentioned in the feature list.
The customers commit to:
- Bound by the rules regarding the selling and reselling after customization, as it is strictly prohibited by Migrateshop.
- Accept, check and then pay for the product, at the time of delivery
- Regular update of personal details, in the checkout form, as and when needed
- Bound by this agreement copy and act according to it.
PRICING, ORDER AND PAYMENT PROCESS
- The cost of every product is explicitly specified next to the description of the product and is absolutely valid till the product is enlisted in the site.
- Currently available payment gateways are: Paypal standard, and credit cards from visa, MasterCard
- Orders are processed right away after the verification of billing address, other billing information and successful payment has been completed on the Migrateshop bank account.
- Separate charges for tax is included on the order form, if the purchase is subject to sales tax or VAT tax.
- Your purchase will appear on the bank statement.
- You will get an invoice of your purchase
- When there is doubt or query on the purchase or when it does not appear on the bank statement, contact us without delay.
DELIVERY AND TRANSFER OF OWNERSHIP
- Delivery process is undertaken only after completing paper works, with signature on both agreement sheets and payment acceptance.
- Products are immediately delivered right away after completing the payment process through email, website download link or through other forms of digital delivery service
- Delivery is done only by the Migrateshop
- If you notice any limitations in product delivery, immediately notify in a written form or it is automatically considered that the product has arrived in perfect quality.
- Once the download link is sent, the product is considered to be delivered.
- The ownership is transferred to you upon the delivery
- Risks like accidental perish, disappearance, theft or damage is passed to the buyer, upon the delivery of the product.
LIABILITY AND INDEMNITY
- By applicable law, Migrateshop disclaims every warranty express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular reason. Migrateshop does not affirm that the Migrateshop services, content, information, materials, products or other services integrated on or otherwise sent to you via the services, Migrateshop’s servers or other electronic communications sent from Migrateshop are without viruses or harmful components. Migrateshop does not acknowledge liability other than the remedies expressed herein, including the liability for products not being accesible for use or lost or corrupted data or software or the provision of services and support. to the complete extent permitted at law, Migrateshop will not be liable for any type of damages including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue, loss of data or injury) arising out of or in connection with the participation agreement, the site, the service, products (including software), the inability to use the service or those resulting from any goods or services purchased or obtained from Migrateshop, even if advised of the possibility of such damages. you agree that for any liability related to the purchase of products or services bundled with the products, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, Migrateshop shall not be liable or responsible for any amount of damages above the aggregate money amount paid by you for the purchase of products or services under these purchase terms giving rise to such liability.
- Migrateshop is not liable for information available on other sites, even if you follow links to such sites through the shop.
- You agree to indemnify and defend Migrateshop and its employees from any type of demand or claim, including reasonable attorney fees that arise from the failure of your compliance with these terms and conditions, violation of this agreement or law or the rights of a III party.
PRIVACY AND PERSONAL DATA MANAGEMENT
- Personal data should be entered in the checkout form while using the shop or to purchase products.
- Personal data is used to recognize you as the buyer and to execute this agreement. Migrateshop assures to protect the personal data and will not disclose, unless required by the applicable law or the agreement.
- Make sure to enter correct personal data on the checkout form and the buyer shall bear any losses or damages that incur regarding the submission of incorrect or invalid data
- By signing this agreement, you acknowledge that Migrateshop may send to the manufacturer/supplier information, which is reasonably required to communicate with you, especially in relation to any issues related to the purchased product. Hereby you agree that Migrateshop shall not be liable for the disclosure or collection of such details to the manufacturer/supplier.
- Migrateshop may use the personal information for direct marketing purposes, only with your consent mentioned on the checkout form. The consent can be withdrawn at any time.
DISPUTE RESOLUTION AND APPLICABLE LAW
- The validity, enforcement and interpretation of this agreement and every legal action arise in relation to the subject matter of this agreement shall be governed by the law of the Republic of India.
- Disputes or disagreements between the Migrateshop and the customer, arising from this Agreement shall be negotiated and settled. In case of failure of agreement within 2 weeks, claims, disagreements or disputes, arising from this agreement or related to this, its breach, validity or dissolution shall be settled in the competent court of the Republic of India.
- In case of dispute from users, that user account and purchase order will be deleted without any notice.
- The buyer validates that he has read, understood the terms and conditions of this agreement and the consequences.
- All notices, consents and all other communications, associated with this agreement shall be issued via email.