Warranties and Liability

 

This document is valid from May 22, 2014.

For all entities who became  OpenTrade Commerce clients before May 22, 2014 it is effective June 22, 2014.

OpenTrade Commerce tries (but makes no commitment) to keep OT Box-based e-shops safe, secure, and functioning properly, as well as to offer reliable data transfer via OT Key for websites with the integrated key of OpenTrade Commerce Platform.

OpenTrade Commerce aims (but does not undertake) to ensure safety, security and proper operation of OT Box based websites as well as to ensure correct transfer of data and methods by API for sites with integrated OT Key.

If for any reason you’re unhappy with a software product you purchased, the Software (OT Box, OT Key, module) cost will be refunded within 14 calendar days starting from the moment of payment for Software upon written request in case of obvious fundamental inability of Software to satisfy client’s requirements. In this case 80% of Software cost will be refunded in 10 working days to the account specified by the purchaser, 20% Software cost is held as non-refundable service fee transaction.

Software cost is not refunded if client wishes to make a refund later than these 14 calendar days

Note! Service fees are non-refundable. These include OT Hosting (including site maintenance and support), connectivity to shipping services and payment systems, White Label and other additional services.

When purchasing our products ( OT Box, OT Key, additional modules and services, etc.) you acknowledge that OpenTrade Commerce CANNOT GUARANTEE continuous operation of sites, services, applications, and tools and/or access to them.

You also agree that operation of websites, services, applications, and tools and access to them can be disrupted as a result of technical problems or many factors beyond our control (more in «Risk Notification» section).

Products, descriptions, prices, and seller’s data update (that is any information received from product aggregators) is not necessarily real-time and can occur with delays or a waiting time. This depends on your location or the network of your wireless service provider as well as or the operation of product aggregators that provide data.

You agree that you purchase our software products and use our services and tools at your own risk. You also agree that OpenTrade Commerce’s software products, services, and tools are provided to you on an «AS IS» and «AS AVAILABLE» basis. Accordingly, if permitted by current legislation, we exclude all express or implied warranties, terms and conditions, including (but not limited to) implied warranties in respect of marketing, suitable for a specific purpose or without infringement of intellectual property rights.

OpenTrade Commerce is a company providing development  and programming services and websites support. The company is not responsible for the work of third-party organizations providing related services, such as transport and shipping companies, third-party customizers and programmers, as well as other companies supporting site activities, based on OT Platform.

In addition, to the extent permitted by applicable law, we are not liable (and you agree not to hold OpenTrade Commerce responsible) for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our software products; services and tools;
  • delays or disruptions in our sites, services, applications, and tools;
  • viruses or other malicious software products obtained by accessing to our sites, services, applications, and tools, or any sites, services, applications, and tools linking to our sites, services, applications, and tools;
  • errors of any kind on our websites, services, programs or media, or in the information and graphics obtained on or through them;
  • content, actions or omissions of third parties, including items listed on our websites, programmes, services or facilities, third-party reviews, or the destruction of allegedly counterfeit items;
  • content, actions or omissions of third parties, including items listed on our websites, programmes, services or facilities, third-party reviews, or the destruction of allegedly counterfeit items;
  • a suspension or other action taken with respect to your account;
  • your need to change practice, content or behavior on your part or your loss of ability or your inability to use software products, services, facilities and services of OpenTrade Commerce as a result of changes in our Terms, Rules, Prices and Tariff Plans.

You acknowledge that we do not provide intermediary services, are not organizers of auctions, joint purchases, sales through commodity aggregators. Websites created on the basis of our software are places that allow users to offer, sell and buy almost everything, at any time, from any place, in different price formats and in different places, such as shops, in a fixed price format or auction format. We are not involved in actual transactions between middlemen, buyers and sellers.

Any advice on pricing, delivery or other advice that we may provide on our websites, services, programs or facilities is purely informative and you are never obliged to follow such advice.

We do not guarantee that any results will be achieved if you comply with our recommendations (for example, that our average margin for goods will be optimal for your store).

OpenTrade Commerce reserves the right to modify its Policies, Terms and Conditions, Prices and Rates at any time consistent with the provisions outlined herein. This document may also be amended. We will notify you of any changes to our Policies, Prices, Rates, Warranties and Liabilities by sending email messages to your email address provided during registration in OpenTrade Commerce technical support.

We can provide help that could make your business more productive through advice and guidance but OpenTrade Commerce has no control over and does not guarantee the existence, quality, safety or legality of promotion, customization, updating or website content writing services; items available for sale through product aggregators; the truth or accuracy of users’ content; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of:

  • price of an item sold at purchasing price but no more than 300$.
  • the amount of fees paid for services (service fees) over the 3 month period.
  • 100$.

The above mentioned terms can be specified on an individual basis by email info@otcommerce.com.

Release of liability

 

If you have a dispute with users of your site, logistics, promotion or customization partners and other respective fellows of your project you release us (and our officers, directors, employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

In entering into this you expressly waive any (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

By accepting this release you expressly waive any protections (provided by law or otherwise) which, in the absence of this release, could limit this exemption from liability to those claims that you may have known or suspected at the time of giving consent to the release.

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