Terms of Service

Last updated on: May 17, 2021

By signing up for a Multistore Account (as defined in Section 1) or by using any Multistore Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Multistore” means the applicable Multistore Contracting Party (as defined in Section 4 below).

The services offered by Multistore under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store,. Any such services offered by Multistore are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.multistore.xyz/terms-service. Multistore reserves the right to update and change the Terms of Service by posting updates and changes to the Multistore website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including AcceptableUse Policy (“AUP”) and Privacy Policy, and, if applicable, the Additional Terms of Service for EU Merchants before you may sign up for a Multistore Account or use any of Multistore Services.

1. Account Terms

1. To access and use the Services, you must register for a Multistore account (“Account”) by providing your full legal name, , , a valid email address, and any other information indicated as required. Multistore may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You confirm that you are receiving any Services provided by Multistore for the purposes of carrying on a business activity and not for any personal, household or family purpose.
4. You acknowledge that Multistore will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Multistore and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Multistore can only be authenticated if they come from your primary Account email address.
5. You are responsible for keeping your password secure. Multistore cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
6. You acknowledge that you are responsible for the creation and operation of your Multistore Store.
7. Multistore is not a marketplace. Any contract of sale through your Multistore is directly between you and the buyer.
8. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
9. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Multistore may result in an immediate termination of your Services.

Which means

You are responsible for your Account and any Materials you upload to the Multistore Service. Remember that if you violate these terms we may cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 Store Owner

1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Your Multistore Store can only be associated with one Store Owner. A Store Owner may have multiple Multistore Stores. “Store” means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

1.  At present only the Store Owner will be able to create the account. There is no provision for now to provide access to others subject to certain permissions for running the store.

2.3 Multistore Payments Accounts

1. We create your account with Stripe Payment Gateway and link it to your store.

 

2.6 Domain Names

1. Multistore does not provide the facility to buy domain names through it. Store Owners are required to buy domain names and then link these to the store created online on Multistore.

Which means

Only one person can be the “Store Owner”, usually the person signing up for the Multistore Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. We automatically create Stripe account for you to accept payments. You are responsible for activating and deactivating this account and complying with its terms, which are with various third parties.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, the Privacy Policy, and, if you operate an E.U. based Store, the EU Terms, before you may become a Multistore User.

1. Technical support in respect of the Services is only provided to Multistore Users.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws India/Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
3. You acknowledge and agree that Multistore may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Multistore’s website, available at https://www.multistore.xyz/terms-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Multistore’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
4. You may not use the Multistore Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Alberta/India. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Multistore.
6. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Multistore or Multistore trademarks and/or variations and misspellings thereof.
7. Questions about the Terms of Service should be sent to Multistore Support.
8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
9. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Multistore, is governed by its privacy policy at https://www.multistore.com/privacy-policy
10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Multistore’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.multistore.xyz/terms-service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Multistore (acting in its sole discretion) or as required by applicable law.
11. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Multistore shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Multistore’s prior written consent, to be given or withheld in Multistore’s sole discretion.
12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

 

5. Multistore Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Multistore customer, Multistore employee, member, or officer will result in immediate Account termination.
5. Multistore does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Multistore employees and contractors may also be Multistore customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
8. Multistore retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Multistore reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Multistore’s Confidential Information includes all information that you receive relating to us, or to the Services that is not known to the general public including information related to our security program and practices.
2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability

1. You expressly understand and agree that, to the extent permitted by applicable laws, Multistore shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
2. To the extent permitted by applicable laws, in no event shall Multistore or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Multistore partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. Multistore does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5. Multistore does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
6. Multistore is not responsible for any of your tax obligations or liabilities related to the use of Multistore’s Services.
7. Multistore does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

8. Waiver, Severability, and Complete Agreement

The failure of Multistore to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Multistore and govern your use of the Services and your Account, superseding any prior agreements between you and Multistore (including, but not limited to, any prior versions of the Terms of Service).

9. Intellectual Property and Customer Content

1. We do not claim any intellectual property rights over the Materials you provide to the Multistore Service. All Materials you upload to your Multistore Store remains yours. You can remove your Multistore Store at any time by deleting your Account.
2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Multistore to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Multistore can, at any time, review and delete all the Materials submitted to its Service, although Multistore is not obligated to do so.
3. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
4. Multistore shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

12. Theme Store

1. You may establish the appearance of your Multistore Store with a design template from Multistore’s Theme Store (“a Theme”).
2. You may modify the Theme to suit your Store. Multistore may add or modify the footer in a Theme that refers to Multistore at its discretion. Multistore may modify the Theme where it contains, in our sole discretion, an element that violates the Multistore AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. Multistore may modify the Theme to reflect technical changes and updates as required.

13. Multistore Email

You may generate or send email from your Account using the Multistore email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Multistore’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:

1. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). MULTISTORE, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
1. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
2. Your use of the Email Services must comply with Multistore’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.
3. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
4. Your use of the Email Services must follow all applicable guidelines established by Multistore. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
• using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
• using purchased or rented email lists;
• using third party email addresses, domain names, or mail servers without proper permission;
• sending emails to non-specific addresses sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE); 
• failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
• failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request; 
• failing to include in each email a link to the then-current privacy policy applicable to that email; 
• disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email; 
• failing to include in each email your valid physical mailing address or a link to that information; or
• including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
2. If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify Multistore at contact@multistore.com. Multistore will determine compliance with the Email Services Requirements in its discretion.

14. Payment of Fees

1. Using Multistore is totally free of charge.
2. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
3. Multistore does not provide refunds.

15. Cancellation and Termination

1. You may cancel your Account and terminate the Terms of Service at any time by contacting Multistore Support and then following the specific instructions indicated to you in Multistore’s response.
2. Upon termination of the Services by either party for any reason:
1. Multistore will cease providing you with the Services and you will no longer be able to access your Account;
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to Multistore for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your Store website will be taken offline.
3. If you purchased a domain name through Multistore, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
5. We reserve the right to modify or terminate the Multistore Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
6. Fraud: Without limiting any other remedies, Multistore may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

16. Modifications to the Service and Prices

1. Multistore reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
2. Multistore shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

17. Third Party Services

1. Multistore may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
2. Any use by you of Third Party Services offered through the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Multistore may receive a revenue share from Third Party Providers that Multistore recommends to you or that you otherwise engage through your use of the Services.
3. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Multistore has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Multistore website or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Multistore. Multistore does not guarantee the availability of Third Party Services and you acknowledge that Multistore may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Multistore is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Multistore strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Multistore is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
4. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Multistore is not obligated to intervene in any dispute arising between you and a Third Party Provider.
5. Under no circumstances shall Multistore be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Multistore has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
6. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Multistore partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

18. Beta Services

From time to time, Multistore may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Multistore will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Multistore Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Multistore’s prior written consent. Multistore makes no representations or warranties that the Beta Services will function. Multistore may discontinue the Beta Services at any time in its sole discretion. Multistore will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Multistore may change or not release a final or commercial version of a Beta Service in our sole discretion.

19. Feedback and Reviews

Multistore welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Multistore be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Multistore (whether submitted directly to Multistore or posted on any Multistore hosted forum or page), you waive any and all rights in the Feedback and that Multistore is free to implement and use the Feedback if desired, as provided by you or as modified by Multistore, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Multistore must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Multistore reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

21. Rights of Third Parties

Save for Multistore and its affiliates, Multistore Users or anyone accessing Multistore Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

22. Privacy & Data Protection

Multistore is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Multistore’s collection, usage and disclosure of this personal information is governed by our PrivacyPolicy.