OPEN STORE – TERMS OF SERVICE
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. Unless otherwise defined, all capitalized terms used hereunder shall have the meaning ascribed to them as per the Policies (defined below).
Open Financial Technologies Pvt. Ltd. (“Open”, “We” or “Us”) offers its Users an online software-as-a-service model to provide e-commerce solutions through the weblink: https://app.open.money/apps/openstore(“Open Store”). For example, We provide an online shopping cart on the Website, and through other user interfaces, that can be integrated with the User’s website or social presence. By proceeding to access/use Open Store or any of the services provided through Open Store, the User signifies its consent to be bound by the terms set out below.
You must read, understand, and agree with the terms hosted at https://open.money/tnc and https://open.money/privacy (collectively, the “Policies”) before using Open Store. This includes all features and functionalities, user interfaces such as Our website, all content and associate software (in whole or in part, the “Products and Services”).
These Terms of Service are a resource for you to have a deeper understanding of how the Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Products and Services or want to know how something works. We hope you enjoy your Open Store experience.
ACCEPTANCE OF TERMS OF SERVICE
By using, visiting, or browsing the Products and Services as a paid or unpaid user, you accept and agree to be bound by these Terms of Service, available at https://open.money/tnc-openstore. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in termination of your account. Any questions or concerns regarding the Terms of Service may be sent to email@example.com.
These Terms of Service, together with the Policies, constitute the entire agreement between you and Open and supersede any and all previous agreements, written or oral, between you and Open, including previous versions of the Terms of Service. Any failure of Open to enforce or exercise a right provided in these terms is not a waiver of that right.
CHANGES TO TERMS OF SERVICE
Open reserves the right, from time to time, with or without notice to you, to change these Terms of Service, including the Policies, in our sole and absolute discretion. Open may also freely assign or transfer its rights and obligations under these Terms of Service. The most current version of these Terms of Service can be reviewed by visiting the Website.
If any provision of these Terms of Service is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Terms of Service, which shall remain in full force and effect.
ACCOUNT TERMS OVERVIEW
You are responsible for using the Products and Services in a private and secure manner. Open is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.
Open can refuse registration or cancel an account at its sole discretion at any time
You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction.
You may not use the Products and Services to distribute unsolicited email or malicious content such as viruses or worms.
You may not exploit the Products and Services to access unauthorized information.
Open reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.
Abuse or excessively frequent requests to the Website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. Open, at its sole discretion, will determine abuse or excessive usage. Open will make a reasonable attempt via email to warn the account owner prior to suspension.
Open shall own all the intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services. For more details, see below the Intellectual Property section of these Terms of Service.
You are responsible for the security of cardholder data you possess or otherwise store, process, or transmit on behalf of your customer, or to the extent that you could impact the security of your customer’s cardholder data and you must comply with all Applicable Laws (defined below) in this respect.
USER CONDUCT AND SUBMISSIONS
Any text, graphics, photographs, or other information communicated to Open (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
Open cannot control all Content posted by third parties to the Products and Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Open be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, please contact firstname.lastname@example.org
By accessing the Products and Services, including our website and other user interfaces, you agree to use the Products and Services, including all features and functionalities associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Products and Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any portions of the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products and Services. You also agree not to impersonate any other person while using the Products and Services, conduct yourself in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose.
By using the Products and Services, you are consenting to receive certain communications from us. For example, Open may send you newsletters about new features, special offers, promotional announcements and customer surveys via email or other methods.
The member who created the Open Store account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the Open Store account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Open’s Customer Service and potentially alter the Account Owner’s control, the Account Owner should not reveal the Payment Method details (for example, the last four digits of their credit or debit card) associated with their account. BY SHARING THE OPEN STORE ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT IS SHARED COMPLY WITH THE TERMS OF SERVICE AND THE ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
Any abuse or threatened abuse of other users of the Products and Services or of Open’s personnel will result in immediate account termination.
Payment and Fees
If you are billed for the Products and Services, the billing terms are subject to the Policies. To access any of our Products and Services, you must have access to the Internet and must create an account, either on a free or paid-subscription basis. To use our paid Products and Services, you must have a current valid accepted payment method as indicated during sign-up (“Payment Method”).
When you subscribe to paid Products and Services, you will be billed according to current Open Store rates for the selected subscription plan to prepay usage of Product and Services for the current period. For monthly plans you will be charged subsequently on the same day of each month. If, for example, the billing date is 29th — 31st, and the billing month does not contain this date, then the billing date will be adjusted to the last day of the current calendar month. Annual plan renewals will be charged on same day of the following year to prepay usage of Product and Services for the next annual service period.
If you choose to upgrade or downgrade your subscription from one paid plan (“Old Plan”) to another paid plan (“New Plan”), your service will be switched immediately to the New Plan. Your future monthly billing date will change as per the purchase date of the New Plan. if the Plan change is an upgrade, you will be charged the new subscription amount for the current billing period immediately, and subsequent months will be charged on the same day of each month.. Questions about Open Store billing can be directed to email@example.com and will be answered within 48 hours, Monday — Friday.
Open does not provide refunds against any cancellations or change of plans.
Goods and services tax and other applicable taxes in India shall be exclusive to the subscription fees and will be payable by the User.
Cancellation and Termination
You can cancel your paid subscription to the Open Store at any time by communicating the same to us. There will be no subsequent charges to your account after cancellation.
You may terminate your account by selecting the “Close my account” option in your account. You need to cancel your paid subscription before you can close your account. No refund shall be provided by Open for cancelling or downgrading plans.
Features and Functionality
The Products and Services include an online shopping cart that can be integrated with your existing website, blog, social network as applicable. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice with respect to how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how the Products and Services always will work. We are making constant adjustments to the Products and Services and often these Terms of Service do not capture these adjustments completely.
Some of the Products and Services, such as our online shopping cart, can be connected to your page on Facebook.
BY CONNECTING YOUR OPEN ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON THE OPEN STORE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared, may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Service.
Legal and Compliance
With respect to these Terms of Service, you represent, warrant, and covenant that you:
- have not and will not violate, or cause any party to be in violation of, any applicable anti-bribery or anti-corruption law, anti-money laundering and laws preventing unlawful activities, sanctions, embargoes, export and/or exchange control laws, import controls, anti-fraud laws, or any other applicable law, regulation, or order (collectively, “Applicable Laws”);
- have not and will not use the Products and Services or the Open Store by violating or to violate, any Applicable Laws;
- have not and will not with a corrupt, improper, or illegal intention directly or indirectly (through third parties) pay, provide, promise, offer, authorize, solicit, or accept any money, gift, hospitality, entertainment, favor, financial advantage, or other thing of value to or from any individual, organization, political party, or entity whether in the public or private sector in any country in order to obtain, retain, or direct regulatory approvals, licenses, permits, business, contracts, investments, sales, tax or duty assessments, import or export clearances, foreign exchange clearances, or other advantages;
- shall cause all of your employees, officers, directors, agents, contractors, vendors, and partners (collectively, “Relevant Parties”) to comply with all of the terms contained in this Legal and Compliance Section;
- Neither you nor any of your affiliates, or director, officer, employee, agent or representative have taken or will take any action in furtherance of an offer, payment, promise to pay, or authorization or approval of the payment or giving of money, property, gifts or anything else of value, directly or indirectly, to any “government official” (including any officer or employee of a government or government-owned or controlled entity or of a public international organization, or any person acting in an official capacity for or on behalf of any of the foregoing, or any political party or party official or candidate for political office) to influence official action or secure an improper advantage.
- shall secure all necessary export/sanctions licenses or authorizations to the extent applicable and necessary;
- shall implement an effective, risk-based compliance program and necessary internal controls (including, but not limited to, conducting sanctions screenings of your Relevant Parties and customers) to ensure compliance with Applicable Laws and this Legal and Compliance Section;
- shall reasonably cooperate with Open to (a) ensure compliance with Applicable Laws and/or (b) review and remediate actual or potential violations of Applicable Laws.
A violation of the foregoing representations, warranties, or covenants will constitute a material breach of these Terms, and, in the event of such a violation, Open may, at its sole option, terminate this Agreement for cause and without further liability or obligation on the part of Open. Any such breach will entitle Open to seek to be indemnified by you and/or obtain injunctive and other equitable relief, in addition to any other remedies which may be available under Applicable Laws.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Open Store account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit to the Open Store website. If you find that you are a victim of identity theft and it involves an Open Store account, you should notify us at firstname.lastname@example.org. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of unofficial communications can result in identity theft. Always access your sensitive account information by going directly to the Open Store website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Open reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Open is not obligated to credit or discount a membership for holds placed on the account by either a representative of Open or by the automated processes of Open.
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, OPEN MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. OPEN DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND THE ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages.
IN NO EVENT SHALL OPEN, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, THE OPEN STORE WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING THE OPEN STORE WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THERETO (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO OPEN ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF ANY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You shall indemnify Open for all damages, costs and legal fees that Open incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by Open of any materials provided by you for use in the Products and Services that infringe any patent, copyright, trademark, trade secret or other intellectual property right under law; and (iii) any violation of Applicable Laws or breach of the terms contained hereunder during your use of Open Store and the Products and Services. You shall assume the defence of any third party claim with counsel reasonably satisfactory to Open. Open may employ its own counsel in any such case, and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires Open being indemnified to take or refrain from taking any action or purports to obligate Open being indemnified, then you shall not settle such claim without the prior written consent of Open, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
Copyright.The Products and Services, including all content included on our user interfaces, or delivered to members as part of the Products and Services, including, but not limited to, source code, data compilations, and software, are the property of Open or its licensors and are protected by copyright. While the Products and Services include open-source software that are available for free, the compilation of all content and any software or other materials provided by Open, or in connection with the Products and Services are the exclusive property of Open and its licensors and are protected by the copyright and trade secret laws in the territories in which the Products and Service operate and by international treaty provisions. The Content shall not be reproduced or used without express written permission from Open or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes made accessible to you by Open, not to insert any code or product into or manipulate the content of the Products and Services in any way, and not to use any data mining, data gathering or extraction method. Open reserves the right to terminate your membership hereunder if Open, in its sole and absolute discretion, believes that you are in violation of Open Store software restrictions, restrictions against copying the Products and Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Open and its licensors. Open does not promote, foster or condone the copying of third party products or categories or any other infringing activity. While the use of the Products and Services, including demos of online stores, store products and services, are for your commercial use, such items proprietary to third parties are not. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the Products and Services.
Trademarks.Open Store logo is a trademark belonging to Open. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trademarks and service marks of Open. The trademarks and service marks of Open may not be used or reproduced without prior written approval from Open and may not be used in connection with any product or service that is not affiliated with Open, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Open, or in any manner that disparages or discredits Open. Other trademarks that appear on Open Store and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Open. Any images of persons or personalities contained on the Open website and user interfaces are not an indication or endorsement of Open or any particular product or our service unless otherwise indicated.
Use of Information Submitted
Open is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the Open website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
From time to time, we test various aspects of our Products and Services, including the Open Store website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
If you need assistance with your account, you may find answers and support on our community forums and using clicking the chat icon from the Open dashboard and initiating a chat thread or you may write to email@example.com.
Limitations on Use
When running an online business, you are obliged to comply with laws and requirements concerning taxes, shipping and payment, customer consent and privacy. The tools on Open Store will help you manage your online business, but it is your responsibility to fully comply with all applicable laws, including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
You must be 18 years of age or older to use the Open Store website and end user of the Products and Services. While individuals under the age of 18 may utilize the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such a person's account and otherwise subject to these Terms of Service. While Open does distribute products that may be used by children, the Products and Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, license to access the Products and Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Service), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Products and Services, without our express written consent. Open does not promote, foster or condone the copying of third-party content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Open without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Open’s name or trademarks without our express written consent. Any unauthorized use of the Products and Services or its contents will terminate the limited license granted by us and will result in the cancellation of your membership with Open Store.
Accordingly, if you collect, use and store your customer’s personal data or information, you are required to inform your customers about the same and clearly inform them about the purpose for which such data or information is being collected.
Third Party Apps, Software, Products, Services and Websites
Open may from time to time recommend or enable third party apps, software, products, services or websites links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Open with respect to any third party, any third party’s party apps, software, products, services or websites. These Terms of Service do not apply to such third party apps, software, products, services or websites and you should review such third party the agreements relates to such third party apps, software, products, services or websites they may be different than these Terms of Service and it is your sole responsibility to comply with such third party terms. Your use or access to any third party’s apps, software, products, services or websites is at your own risk. OPEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY APPS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITES AND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD PARTY APPS, SOFTWARE, PRODUCTS SERVICES OR WEBSITES.
Claims of Copyright Infringement
It is the policy of Open to respect the intellectual property rights of others. Open does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please reach out to us in order to address the issue.
These Terms of Service shall be governed by and construed in accordance with the laws of India. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
You and Open agree that any dispute, claim or controversy arising out of or relating in any way to the Products and Services, including our website, user interfaces and these Terms of Service, shall be subject to the exclusive jurisdiction of the courts at Bangalore, India. Without prejudice to the foregoing, it is further clarified that any such dispute, claim or controversy will be adjudicated by a mutually appointed arbitrator in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. This arbitration provision shall survive termination of this Agreement and the termination of your membership with Open Store.