Welcome to our digital information network. These are our terms and conditions for using our site, which you can access in several ways, including but not limited to the internet via shopswiz.com, mobile phone, and RSS feed. In these terms and conditions, “Blog Shopswiz” means the digital information network operated by or on behalf of Shopswiz or its parent, subsidiary, and affiliated companies. Nevertheless of how you access the web and all Shopswiz apps, irrespective of whether you access those via a Shopswiz blog or a third-party site. However you access the Shopswiz Blog, you agree to be bound by these terms and conditions.
You can access the areas of Shopswiz Bog that require registration by becoming a registered member and creating an account with us. You agree that you are responsible for preserving the confidentiality of your passwords or other account identifiers you choose and for all activities under your account.
By registering on the Shopswiz Blog, you compromise that:
(i) your account is personal and cannot be used by anyone else to access the Shopswiz Blog;
(ii) you will not do anything that can help anyone who is not a registered user to access any registration area of the Shopswiz Blog
(iii) you will not create registration accounts to abuse the site’s functionality or other users.
You arrange to notify us instantly if you become conscious of any unauthorized use of your password or account identifiers by others.
2. Termination of registration
If you no longer desire to have a registered account, you can close your account by emailing [email protected]. If you no longer obtain these terms and conditions, or any future changes to these terms and conditions, you must cease using the Shopswiz blog. Your continued use of the Shopswiz Blog indicates your acceptance of these terms and conditions.
If, for any reason, we assume that you have not complied with these terms and conditions, we may, at our sole choice, cancel your access to the enrollment areas of Shopswiz Blog directly and without notice.
We may terminate your account, at our sole choice, by sending you an email to the address you registered stating that the arrangement is terminated.
3. Use of the material appearing on the Shopswiz Blog
The use of the Shopswiz blog is for personal, non-commercial use only. As between Shopswiz and you, except user content and advertisements, you acknowledge that Shopswiz is the sole owner of all contents of the Shopswiz Blog, including, without limitation, all copyrights, applicable patents, trademarks and trade secrets, trade names, logos. Also, other related intellectual property rights and text, images, graphics, logos, audio, video, and other material appearing on the Shopswiz Blog (“Shopswiz Content”). The copyright laws protect the Shopswiz Blog and Shopswiz Content and other intellectual property laws protected globally by applicable international copyright treaties.
For all other questions regarding the distribution or reproduction of the materials, please get in touch with [email protected].
To the extent allowed by law, we suppose no liability for any statements in the Shopswiz Content. Nothing in the Shopswiz Content is provided for a specific purpose or at the request of a particular person. To avoid doubt, we will not be liable for any losses caused by the fact that the user has done or not done anything due to viewing, reading, or listening to the Shopswiz Content or any part of it. You will access other sites via links from the Shopswiz blog. These sites are not under our management, and we are in no way responsible for any of their content.
We make no guarantees of any kind concerning the Shopswiz Blog or the Shopswiz Content. In particular, we do not guarantee that the Shopswiz Blog or any of its contents are virus-free. It’s best if you handle your precautions in this regard. We take no responsibility for any infections from viruses or other contamination or anything with destructive properties.
Although we will do our best to deliver constant and uninterrupted access to the Shopswiz blog, we do not guarantee this. We take no responsibility for any interruptions or delays.
5. Third Party Advertising on the Shopswiz Blog
You will see advertising material posted by third parties on the Shopswiz blog. Each advertiser is solely responsible for the content of their advertising material. We suppose no commitment for the content of the advertising material, including, without limitation, any errors, omissions, or inaccuracies contained therein.
If you would like to promote on the Shopswiz blog, don’t hesitate to contact the sales team via this online form.
6. Data protection
7. Adaptations to these terms and conditions of use
Please note that we may adjust these terms and conditions from time to time at our sole constraint and reserve the right to do so without your consent. Any modified terms and conditions will be applicable at publication on the Shopswiz blog. Be sure to check these terms and conditions regularly, as you will be deemed to have accepted a variation if you resume using the Shopswiz blog after it has been posted.
8. Governing Law and Jurisdiction
These terms and conditions are governed by law and the parties agree to submit to the exclusive jurisdiction, provided that the use of the Shopswiz Blog is governed by the Section below entitled Applicable Law and Jurisdiction.
Our failure to insist on or enforce any provision of these terms of service should not be construed as a waiver of any Shopswiz provision or right.
10. Applicable law and jurisdiction
If you are logged in to the Shopswiz Blog, the laws govern these terms and conditions. You agree that the exclusive jurisdiction for any claim or dispute with Shopswiz or relating in any way to your use of the Shopswiz Blog resides in the courts, and you additionally agree and expressly approve to the exercise of personal jurisdiction in the courts, in connection with such disputes and including any claims involving Shopswiz or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers, and content providers. You agree that any action or claim you may have in relation to your use of the Shopswiz Blog must be initiated within one year of the onset of the act or omission that gave rise to the requestor’s cause.
11. Further Disclaimers
Visitors to the Shopswiz Blog agree that the use of the Shopswiz Blog is at their own risk. The Shopswiz Blog is provided “as is” and “as available,” without warranties of any kind, explicit or implicit, but not limited to:
(i) any warranties relating to availability, accuracy, adequacy, reliability, and usefulness of the content of the Shopswiz Blog; and
(ii) any warranties of title, warranties of non-infringement, or warranties of merchantability or fitness for a particular purpose.
Furthermore, Shopswiz does not issue representations and warranties regarding linked sites, and Shopswiz has no responsibility for using such sites by the user. In some cases, the content made available on the Shopswiz Blog may represent the opinions and judgments of suppliers or users, such as user content. Shopswiz and its affiliates do not endorse or be responsible for the accuracy or reliability of any statements made on the Shopswiz Blog by anyone other than authorized Shopswiz employees acting in such capacity.
This disclaimer applies to any damage or injury caused by the Shopswiz Blog, including, without limitation, those damages or injuries that occur as a result of
(i) any error, omission, deletion, or defect in the content available on the Shopswiz Blog; or
(ii) any failure to perform, error, omission, interruption, cancellation, defect, delay in operation or communication, communication line failure, computer virus, theft or destruction of records, information or data, unauthorized access, alteration or use of documents, information or data, whether for breach of contract, wrongdoing, negligence, defamation or any other cause.
Shopswiz does not warrant or guarantee that access to the Shopswiz Blog will be uninterrupted or error-free.
Applicable law may not authorize the exclusion of indicated warranties, so the above exclusion may not apply to you.
12. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE ULTIMATE EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF THE ACTION, WHETHER CONTRACTUAL, ILLEGAL (INCLUDING NEGLIGENCE).
OTHERWISE, IN NO EVENT SHOP’S WIZOR, ITS AFFILIATES, INCLUDING, WITH RESPECTIVE TITLE OFFICIALS, ADMINISTRATORS, EMPLOYEES, SUCCESSORS, AND ASSIGNORS, SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, COST, EXPENSE, OR LIABILITY OF ANY KIND, DIRECT OR INDIRECT (“IN ANY CASE”) IN CONNECTION WITH THE AVAILABILITY, USE, RELIABILITY OR INABILITY TO USE THE STORE WIZ BLOG, INCLUDING (WITHOUT LIMITATION):
(I) DAMAGES FROM BUSINESS DISRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF EQUIPMENT OR SOFTWARE REPLACEMENT OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF DATA USE, LOSS OF REVENUES, LOSS OF GOODWILL, LOSS OF CUSTOMERS BODIES, LOSS OR DAMAGE OF REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS BASED ON OR IN CONNECTION WITH ANY OTHER CONTRACT OR LOSS OF EXPECTATION S AHEAD OR BENEFIT;
(II) ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS OR;
(III) ANY LOSING ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SHOPWIZ BLOG. THE DISCLAIMER IN THIS SECTION 17 APPLIES EVEN IF THE STORE WIZ HAS BEEN ANNOUNCED OF THE CHANCE OF A LOSS LIKE THIS.
IN SOME STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR TYPES OF LOSSES, SHOPWIZ’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREFORE MINIMIZING SHOPWIZ’S LIABILITY IN THE MINIMUM AMOUNT THAT APPLICABLE LAW AUTHORIZATIONS).
13. Disclaimer of warranties
Australian Consumer Law may give you specific rights and remedies connected with Shopswiz’s provision of interests and services beneath these terms and conditions. Notwithstanding the contradictions and limits of liability in Sections above, these terms and conditions do not exclude, or modify the application of any conditions, warranties, warranties, rights, or remedies conferred or implied in any provision of Australia Consumer Law or any other law in which to do so:
(i) would violate relevant legislation; or
(ii) render any part of these terms and conditions null and unenforceable (“Non-excludable Obligation”).
Except for Non-excludable Obligations, all conditions, warranties, and other provisions implied or granted by statute or the law that impose any liability or obligation on Shopswiz are expressly excluded from these terms and conditions.
Concerning non-excludable obligations, except for goods or services of a kind generally purchased for personal, household, or household use or consumption (subject to which our liability is not so limited under these terms and conditions), Shopswiz’s liability to you for failure to comply with any non-excludable Obligation is limited to:
(i) in the case of services, the lower of the cost of supplying the restoration of services and payment of the cost of restoring the services; and
(ii) if the lower the cost of replacing the goods, the supply of equivalent goods or the repair, or the payment of the cost of replacing, the supply of equivalent goods or the restoration of goods.