Startershop

Before you use Startershop we will ask you to agree to these Terms and Conditions. If you have any questions or concerns, please feel free to contact us.

Definitions:

Merchant a purchaser of a Startershop.com e-commerce management system who subscribes to the Service provided by Startershop Limited The Service the Startershop.com module which will provide the Merchant with an e-commerce management system Host the storing of the software and materials necessary to operate the Service Internet The World Wide Web Customers anyone who makes a purchase from a Merchant through the Service

1. About Startershop Ltd
1. We are Startershop Ltd, registered company number 05534701, and our address of establishment is at Bridge House, Waterside, Upton upon Severn, Worcestershire, WR8 0HG.
2. Our telephone number is 087 1234 3434.
3. Our electronic mail address is info@startershop.com.
2. Formation of Contract
   1. Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us.
      1. By placing an order through this website, which contains information on prices, together with a description of the products and services that are available and an explanation of any promotional offers and method of payment, you will be agreeing unconditionally to the terms and conditions of use.
      2. On completing the checkout process you will be given the opportunity to submit an order to us by clicking on the confirm order button that appears at the end of the process. On receipt, we will send you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly we will notify you immediately by electronic mail if this is the case.
      3. If you do not wish to submit an order to us you should return to our homepage.
      1. On receipt of your order, we will send you notification by electronic mail that your order has been processed. Please note that while we guarantee to send you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send to you will be received by you, nor that if it is received by you it is legible and uncorrupted.
      2. These terms and conditions shall override any contrary terms and conditions published by us or appearing on the website in relation to any order placed by you with us.
      3. If there are any problems with payment, these must be notified to us within 60 days of the date of the order. If there is any problem with any order we deliver to you, you must notify us within 30 days of delivery. Failure to comply with these notification dates will result in the order and payment having been deemed to have been accepted.

   2. Terms of use

      Access and use of The Service is provided by Startershop Limited subject to the following terms:

      1. By using The Service you agree to be legally bound by these terms which will take effect immediately on your first use of The Service. If you do not agree to be legally bound by all of the following terms, please do not access and/or use The Service.
      2. Startershop.com may change these terms at any time by posting changes on Startershop.com. Please review these terms regularly to ensure that you are aware of any changes made by Startershop Limited. Your continued use of The Service after changes are posted means that you agree to be legally bound by these terms as updated and/or amended.
      3. Startershop Limited may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply.

   3. Use of The Service

      1. Anyone becoming a Merchant by subscribing to the services offered by The Service must be aged 18 years or older.
      2. The Merchant agrees to use The Service only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of The Service. Prohibited activities include, but are not Limited to, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, disrupting the normal flow of dialogue from The Service
      3. To become a Merchant you must give us your full legal name, valid email address and any other information requested in order to complete the sign up process.
      4. Merchants are responsible for maintaining the security of their account and password. Startershop Limited will not be liable for any disruption in trading or to The Service caused by disruption to any Merchant’s services, which are as a result of an account password being divulged to a third party.
      5. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). You are also responsible for all content posted by your administrators.

   4. Material posted on Startershop.com

      1. Any information posted by a Merchant on Startershop.com must be civil and tasteful. Material must not be disruptive, offensive or abusive, must not contain any unlawful or objectionable content which has the effect of being harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive or otherwise objectionable. This includes text, graphics, video, programmes or audio.
      2. You must not display material, which has the intention of committing or promoting an illegal act.

   5. Services

      1. The Service contains a function for Merchants to add postage and packaging to any commerce site in one of two ways:-
         1. By a fixed sum per item
         2. By reference to post office charges by weight
      2. Should the Merchant use this facility provided, Startershop Limited does not warrant or guarantee that the post office prices are accurate. Whilst Startershop Limited will endeavour to maintain a link to the Royal Mail website, neither Startershop Limited or Startershop.com will be responsible for any shortfall in postage prices. Startershop does not accept any liability for the shortfall in postage to the Merchant whatsoever and also accepts no liability for any incorrect weighing of items.

   6. Scope

      1. By subscribing to The Service and using any offered and available services, the Merchant declares himself to be in agreement with the applicable law and these terms and conditions of business for using the Service.
      2. There is no limit to the amount of e-commerce sites that a Merchant may purchase, provide d that each service is paid for in full. These terms and conditions will apply to each and every site subscribed to by the Merchant on an individual basis.
      3. Individual services in the Startershop.com European or North American network may be provided in co-operation with partners. If necessary, further conditions for use of these services will apply supplementary to these terms and conditions, and will be posted on Startershop.com
      4. The Service currently provides Merchants with access to a template facility which can be utilised to enable the Merchant to quickly commence an on-line trading facility. Unless explicitly stated otherwise, any new features that add to develop the current service shall be subject to these terms and conditions.

   7. Prices

      1. Prices of Startershop are subject to change without notice. Changes will be provided by posting the prices on Startershop.com. Merchants are advised to check the current price at appropriate intervals, i.e. prior to the renewal of their current service(s) by viewing our current costs page; the cost of an individual order will be displayed during the ordering process.

   8. Modification to e-commerce sites

      1. Startershop Limited accepts no responsibility for keeping the contents of the Merchant’s site up to date or accurate.
      2. We may modify our service from time to time without any reason or without notice.

   9. Disclaimers and Limitation of Liability

      1. Under no circumstances will Startershop.com or Startershop Limited be liable for any of the following: -
         1. loss of data
         2. loss of revenue or anticipated profits
         3. loss of business
         4. loss of opportunity
         5. loss of goodwill or business reputation
         6. loss suffered by third party
         7. any indirect consequential specific or exemplary damages arising from the use of The Service regardless of the form of action
      2. Startershop Limited does not warrant that functions contained in The Service will be uninterrupted or error free, that defects will be corrected or that The Service or the server that makes it available are free of viruses or bugs or any other such defects.
      3. The Merchant expressly acknowledges and agrees that the use of the service is at the Merchant’s sole risk. Startershop.com and Startershop Limited expressly disclaim all warrantees, conditions and any terms of any kind, whether expressed or implied, including, but not Limited to any implied term of Merchantability, satisfactory quality, fitness for a particular purpose and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights.
      4. Startershop Limited makes no warranty or representations that the service will meet the Merchant’s requirements, that the service will be uninterrupted, timely, secure or error free, that the quality of any service, information or other material purchased by the Merchant from Startershop Limited will meet the Merchant’s expectations or that any errors in software will be corrected.
      5. Any material downloaded or otherwise obtained through the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
      6. Startershop.com or Startershop Limited will not be responsible for any misuse of any credit or debit card facilities which may occur as a result of the Merchant utilising The Service.
      7. Startershop.com or Startershop Limited do not control the content posted via the Merchant service and does not guarantee the accuracy, integrity or quality of such content, not withstanding the rights reserved in these terms and conditions for Startershop Limited to remove any content it deems to be unsuitable. Under no circumstances will Startershop Limited be liable in anyway for any content including but not Limited to for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the service.

   10. Indemnity

       The Merchant agrees to indemnify Startershop Limited, its subsidiaries, officers, employees and associates of any claim or demand made by any third party, due to or arising out of any content or service that the Merchant submits, posts or transmits through The Service

   11. Intellectual Property

       1. The names, images and logos identifying Startershop.com and Startershop Limited are subject to any copyright, design rights and trade marks or Startershop Limited as may be the case. Nothing in these terms give any third party any licence or right to use any such trademark, patent, design right or copyright of Startershop Limited or Startershop.com.
       2. Neither Startershop.com nor Startershop Limited claim any intellectual property rights over any material any Merchant places on The Service
       3. You are responsible for ensuring that the content you place in The Service is not owned by someone else. Any breaches of copyright or intellectual property rights by the Merchant remain the liability of the Merchant and the Merchant agrees to indemnify Startershop.com and Startershop Limited against any claims arising out of any breach of copyright by the Merchant.
       4. Startershop Limited do not pre-screen any content placed on Startershop.com by any Merchant but we have the right, although not the obligation, to refuse or remove any content that is available via The Service.

   12. Proprietary rights

       Startershop Limited grants you a personal, non transferable and non exclusive right and licence to use the object code of its software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, nor to use any modified versions of the software. You agree not to access the service by any other means other than through the interface that is provided by The Service for use in accessing the service.

   13. Privity of contract

       The Merchant agrees not to duplicate, copy, sell or re-sell the service between the Merchant and Startershop Ltd to any other party, save for the situation whereby a Merchant is purchased by or merged with another company.

   14. General Conditions

       1. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
       2. Subject to condition 15, these terms shall be governed and determined in accordance with the Laws of England and Wales.
       3. Startershop Ltd will not provide any access service, telephone fees associated with accessing the website or provide any computer, modem, or other access device.
       4. The Merchant will be provided with storage space for setting up a site on the World Wide Web. In so far as Startershop Limited and Startershop.com provides the requisite storage space for Merchant’s e-commerce pages, Startershop Limited and Startershop.com are not responsible for contents published there. These contents are outside contents with respect to The Service and Startershop Limited. Startershop Limited does not in any way monitor contents prior to their publication on an e-commerce site, nevertheless, Startershop Limited reserves the right to remove any page supplied by The Service at his discretion. Startershop Limited does not undertake any warrantee that any Merchant’s e-commerce pages will always be reachable. Each Merchant is responsible for his pages being in accordance with all applicable laws in the countries in which any e-commerce site is trading.
       5. Merchants must not upload, post, host, or transmit unsolicited email or SMS messages in whole or part.
       6. Merchants must not transmit any worms or viruses or any code of a destructive nature.
       7. If a Merchant’s band width significantly exceeds the average band width usage as determined by Startershop Limited, or of other Merchant customers, Startershop Limited reserves the right to immediately disable your account or reduce band width until the Merchant has reduced their own band width consumption.
       8. Startershop.com is intended to be a facility by which small to medium sized companies may commence e-commerce trading. It is therefore a condition of the site that Merchants must not offer more than one thousand products for sale through The Service. Should any Merchant exceed this limit, Startershop Ltd reserve the right to reduce the products listed on the Merchant’s e-commerce site or to suspend the e-commerce site entirely.
       9. The failure of Startershop Limited to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provisions. The terms of service constitute the entire agreement between Startershop Limited and the Merchant and govern your use of The Service, superseding any prior agreement between Startershop Limited and the Merchant (including, but not Limited to, any prior versions of the terms of service).
       10. Startershop Limited will provide a standard set of terms and conditions for Merchants to use between themselves and their customers (end users). Merchants are free to use and customise the terms and conditions provided, which are provided free of charge, but would always recommend that Merchants take independent legal advice as to the appropriateness of the terms and applicability to the Merchants’ own needs. Startershop Ltd will not be liable for any claims against any Merchants as a result of the terms and conditions provided on The Service or for any claims of any nature arising between the Merchant and a Customer.
       11. The Merchant appoints Startershop Limited as host for The Service on its behalf and the e-commerce site.
       12. Startershop Limited undertakes that whenever possible any significant maintenance of the hardware and software infrastructure on which the e-commerce site is located shall be undertaken outside of the hours of 9am to 5pm. However, Startershop Limited reserves the right to carry out any emergency maintenance work at any time.
       13. Startershop Limited shall, on request by the Merchant, immediately suspend availability of the e-commerce site over the Internet provided that the request comes from the person who has made the payment for the service. Startershop Limited shall likewise on request by the Merchant immediately resume the provision of access to the Merchant’s e-commerce website following such suspensions, provided the request comes from the person who made the initial payment to Startershop Limited and provided that the Merchant is in credit with regards payment for the service.
       14. The Merchant acknowledges that the technical transmission of the service including the Merchant’s content may involve transmissions over various networks and changes to conform and adapt technical requirements of connecting networks or devices. Startershop Limited reserve the right to terminate your access to some or all parts of The Service if you withdraw your consent to this paragraph at any time.

   15. Cancellation and termination

       1. Startershop is subject to an initial setup fee, followed by 1 year free use of The Service. The setup fee will be charged when the merchant is granted use of The Service.
       2. You are solely responsible for cancelling your account. You initiate cancellation by contacting us by email or phone, or by sending a message from our online form; you must provide us with enough information to contact you in return, in order to verify your ownership of the account .
       3. All of your Content will be immediately deleted from The Service upon cancellation. This information can not be recovered once your account is cancelled.
       4. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.
       5. All fees payable by Merchants in respect of their use of The Service are due and payable on a monthly basis. The monthly subscription is not charged during the first year of the Merchants use of The Service.
       6. At the end of the period of subscription, the Merchant will be invoiced for the following months subscription. Payment of any invoice is due within 7-days of the date of the invoice. Failure to submit payment within 7-days of the date of the invoice will result in The Service being deactivated.
       7. Any account which is deactivated will remain deactivated for three months. Should a Startershop.com facility remain deactivated for 3-months, then the Merchant’s facilities will be permanently deleted.
       8. No further payment will be due from the Merchant once a facility has been permanently deleted.
       9. Startershop Limited, without reference to anybody else, have the right to suspend or terminate any Merchant’s account and refuse all use or future use of The Service or any other of the services provided by Startershop Limited for any reason at any time. Such termination of the facility provided by Startershop Ltd will result in a deactivation or deletion of your site, your account or your access to your account. We reserve the right to refuse service to anyone for any reason at any time.
       10. If for any reason the account is terminated, the Merchant will not receive a refund of any sums paid to Startershop Limited.
       11. If you use The Service to publish any offensive, inappropriate, or illegal content, Startershop Limited may inform relevant third parties such as the police or relevant trading standards agencies about the infringements.
       12. Startershop Limited reserves the right to delete any material published on The Service which is found to be offensive or inappropriate, at any time, for any reason.

   16. International Use

       The Merchant agrees to comply with all local laws and rules regarding online conduct and acceptable content, and when the Merchant is using any facility provided by Startershop Limited where such facility is available to Merchants based outside of England and Wales, the Merchant agrees that where there is a conflict between these terms and local laws, that they will be bound by those local laws.

   17. Privacy Policy

       1. Any registration data provided about the Merchant is subject to our privacy policy. For more information, please see our privacy policy.

   18. Data Protection

       1. Startershop Limited respects the user’s privacy and meets all applicable conditions for data protection. Personal data which Startershop collects or processes within the scope of registration will only be used by Startershop Limited within the scope of legal regulations. The Merchant can withdraw a previously given consent at any time by emailing sales@startershop.com.

   19. Links

       1. Startershop.com may contain links to third parties’ websites and Merchants may create links on their own e-commerce site to other sites.
   20. Queries
       1. If you have any queries regarding our service please contact us, all queries are answered within 2 working days.