1. Acceptance of Terms and Conditions and Amendments
Each time you use or cause access to this website, you agree to be bound by these Terms and Conditions, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms and Conditions. Please see our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
2. Our Service
Our website and services provided to you on and through our website on an “as is” basis. You agree that the owners of StoreFleet.com exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.
4. Privacy Policy
Registration data and other personally identifiable information will be collected by us. This information may be used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details. StoreFleet may email its monthly newsletter to the primary contact e-mail on file, but customers are able to opt out of this newsletter at any time.
As mentioned above, StoreFleet collects certain data and confidential information from customers relating to our web site services, and this Privacy Policy applies only to that data and confidential information submitted to us. This Privacy Policy does not apply to, nor does StoreFleet certify EU Safe Harbor compliance regarding, data or confidential information that is submitted to another person or entity for whom StoreFleet and/or Non Complicated Sdn Bhd may provide hosting or domain name registration services, but regarding which we exercise no authority or control. An independent evaluation of that person or entity’s own privacy policy and EU Safe Harbor compliance should be made before submitting data or confidential information to them.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct
You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights;
(g) Offer for sale, promote or advertise through a Store Fleet Site: weaponry, items designed to restrain or hurt or harm or inconvenience people, drugs or narcotics, tobacco, substances which may be used – or advertised as such – to achieve hallucinogenic effects, pornography, alcohol, racially offensive, or carry out, promote or advertise any manner of illegal activities. StoreFleet.com reserves the right to report any breaches of this nature to the relevant law authorities. StoreFleet.com reserves the right to make judgements upon what is permissible to sell through StoreFleet.com websites. Furthermore, you agree that you own the right to publish any and all material you provide StoreFleet.com for use within a Store Fleet site, and will grant us the rights to use these materials to bolster the performance of StoreFleet.com;
(h)In addition, you agree that you will not ask potential customers to contact you directly via email, instant messenger or by any other means to buy a product;
(j) you will not contact customers to request they pay you via means other than the supported Store Fleet site payment providers;
(k) you will not try to circumvent any systems StoreFleet.com has in place, including attempting to change free stores to remove or obscure the Store Fleet site advertising bar or other component placed on stores by StoreFleet.com;
(l) you will not Log in, or attempt to log in, to a store which is not maintained by yourself.
7. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
8. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, shareholders, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
9. Disclaimer of Warranties
You understand and agree that your use of this website and any services or content provided (The “Service”) is made available and provided to your at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participants in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service; (III) Unauthorized access to or alteration of your data transmissions; (IV) Statements of conduct of any third party on the Service, or; (V) Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
12. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted by clicking here. The copyright holder must provide us with all of the following information:
(a) A signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(b) Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information to allow us to locate the material.
(c) Contact information for the person giving the notification, such as an address and telephone, and, if available, an email address at which such person may be contacted.
(d) A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that the person providing the notification is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
13. Applicable Law
You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
14. Miscellaneous Information
(I) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact; (II) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; (III) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
15. Consent
By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. By logging into the Store Fleet site Control Panel or using any Store Fleet site you signal that you accept these Terms and Conditions in full.
16. Content and Materials
We may use your website to show potential clients examples of what we do. This includes product images and descriptive text, as well as links to your site. StoreFleet.com may help market your items for sale through “showcases” and other product search sites, i.e. Google Product Search, in an effort to increase your sales. Store Fleet sites contain a small advertising space across the top of each page (The Store Fleet site Banner) and usually a link to this website. Store Fleet site reserves the right to use this space to market Store Fleet site, included but not limited to images and HTML controls and elements, its partners and products being sold in an effort to bolster Store Fleet site and its clients. Premium Subscribers to Store Fleet site may have The Store Fleet site Banner removed.
17. Interpretation
Where permissible by law, we are the sole arbiter of the meaning and context of these terms and conditions.
18. Usage data
In the course of managing and optimising stores, we monitor the activity of sites to develop better selling techniques for our clients. This information resides on our servers and is never passed on to a third party, and never used for marketing purposes. This information is held purely to provide statistical analysis and trace errors, in an effort to benefit our clients.
19. Refund Policy
You may choose to cancel your subscription for Premium services at any time and you will not be charged for the period following the expiry of your subscription period. However, no refund will be given for any subscription payments made to StoreFleet.com or its owner.
20. Inactivity
We reserve the right to terminate without notice inactive stores. For the purposes of this operation, inactive means that we receive complaints about undelivered purchases or a failure to login to a store within a length of time determined by StoreFleet.com.
21. Domain Names
Premium Subscribers will be able to use their own domain names with Store Fleet site(s). The service is called “Domain Mapping”.
22. Requirements
The Store Fleet site Control Panel, primarily located at “Site Admin”, and available designs are designed for use in Microsoft Internet Explorer (versions 7 and up) and Mozilla FireFox. Support for other browsers is not necessarily provided.
23. Updates
From time to time, StoreFleet.com’s servers must be disabled for updates – i.e. important security updates or software upgrades. Where possible, notice will be given of this down-time and store fronts will be kept open. An example of an update which will receive no notice is a critical security update which closes a loophole detrimental to our shoppers’ security or experience.
24. Support & Contact Details
All support is strictly handled online via your control panel. StoreFleet.com is a website registered by Non Complicated Sdn Bhd and our business address is Suite 33-01, 33rd Floor, Menara Keck Seng, 203, Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia.
Notice:
We reserve the right to terminate sites without prior notice should the site be selling or promoting anything considered by us unsavoury or unsuitable. Complaints against a site should be directed to our support department which can be reached by submitting your message at our Contact Page. StoreFleet.com will openly work with law enforcement agencies to help with any investigations.
Furthermore, visitors are referred to PayPal’s Acceptable Use Policy. We will co-operate fully with PayPal to deal with StoreFleet.com sites that utilise PayPal as a payment platform, and that fail to comply to these standards. Sites that are found in breach of these terms will be terminated without notice. As more Payment Providers are added to the bank of companies StoreFleet.com uses, their terms of use become incorporated into our terms of use, and site owners must comply with the terms of use of their merchant provider. It is the sole responsibility of the user to ensure their store meets their merchant provider’s terms and usage policies. Should a store use an alternate payment provider, the store owner (defined as any person in control of the credentials to log in to that store’s control panel) must ensure that all goods sold fit in with their chosen payment provider’s (or providers’) terms of use. StoreFleet.com operates a policy of ethical use determined by the staff at the StoreFleet.com offices. Stores deemed by StoreFleet.com to be unsuitable in any respect may be closed without notice.
