Last Update: March 30, 2023.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING TO THIS WEBSITE. THESE TERMS CONTAIN LIMITATIONS OF LIABILITIES AND FORM THE BASIS OF OUR AGREEMENT BETWEEN US.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of EcomStores.com (along with all subdomains, collectively, hereafter the “Website”), which is owned and maintained by Growth Accounts LTD (company number 14574206) (“Company”) (“EcomStores.com,” “Ecom Stores, ES” “we,” “our,” “us”), is governed by these terms, and conditions set forth below. By accessing, using, or subscribing to the Website, you agree to these terms and conditions.
If you do not agree to these terms in their entirety, you are not authorized to use the Website.
Growth Accounts Ltd reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our website/s. It is your responsibility to check this page periodically for changes. Use of the Website after such changes constitutes acceptance of such changes.
By using this Website and/or signing up as a prospective or paying Growth Accounts Ltd Client, you agree to these terms, together with the additional terms set out below.
Table of Contents:
- Website Use
- Website User Conduct and Restrictions
- Prohibited Use of the Site
- Information You Provide; Registration; Usernames and Passwords
- Your Responsibilities in Running Your Business
- Testimonials, Reviews, and Pictures/Videos
- Disclaimers of other warranties
- Limitations of liability
- Dispute resolution by mandatory binding arbitration and class action waiver
- Additional Remedies
- Notice and Takedown Procedures, Copyright Agent
- Third-Party Links
- No Waiver
- Introduction of Viruses
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Entire Agreement
- Contacting Us
SECTION 1 – WEBSITE USE
This Website is intended for business-to-business use and not for the use of consumers. Your use of this Website confirms that you are over 18 years of age, operate a business and have the legal capacity to enter a binding contract with us.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
The terms of this Website are governed by the laws of England and Wales and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, marketing tips and strategies, and downloads.
No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The trademarks and logos representing and displayed in our website/s are proprietary marks of Growth Accounts LTD, and the use of those marks is strictly prohibited unless otherwise provided for by these Terms. You do not have the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by the Company.
Subject to your full compliance with these Terms, the Company grants to you a revocable, limited, non-exclusive, royalty-free and non-transferable license to use this Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 4 – PROHIBITED USE OF THE SITE
You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to the Company. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website including, but not limited to, refraining from:
You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising, or attempting the use of):
- Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to the Company’s reputation and to the rights of third parties.
SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
You may be required to create an account for your business with the Company. You warrant that the information you provide is true and accurate. It is your responsibility to ensure that your passwords and details of your user account remain confidential. Neither the password nor the username should be transferred by you and nor should you allow any third party to use or access your account.
You agree to immediately notify us of any unauthorized use of your account or other breach of security relating to your account. Please see Section 13 below for additional information.
SECTION 6 – DISCLAIMER – YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY
Every business is different, employing different strategic approaches and organizational structures, and offering different services and products. Therefore, individual results will vary from user to user. You understand and agree that your business’s individual results cannot in any way be influenced by the website/s owned and operated by the Company, and that your business’s performance will vary depending upon a variety of factors unique to your business, including but not limited to the prevailing market conditions, your location, business model, staff, and service and product offerings.
In relation to your use of its website/s or services, The Company does not give any warranty or guarantee concerning the performance of your business, and you in no way whatsoever expect any such warranty or guarantee.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- the use of, or inability to use, our website/s; or
- use of or reliance on any content displayed on our website/s.
In particular, we will not be liable for:
- loss of performance, profits, sales, business, or revenue.
- business interruption.
- loss of anticipated savings.
- loss of business opportunity, goodwill, or reputation; or
- Any indirect or consequential loss or damage.
Please note that if you are a consumer, this Website is solely for business-to-business use and accordingly, any consumer agrees not to use the Company’s website/s unless for the sole purpose of business-to-business use.
SECTION 7 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
We have no responsibility for how you run your business, including without limitation compliance with all applicable laws and regulations applicable to your business, any matters which are related to tax, and you agree to indemnify us as set out in Section 13 below in the event that you and/or your business breaches any regulation or terms of service of Amazon.com Inc, or any other entity, and any claim is brought against us as a result of that breach by you.
SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
When you upload or post content to our site, you grant us the following rights to use that content:
A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to expire when the user deletes the content from the site, or forever.
Additionally, the Company reserves the right to correct grammatical and typing errors, to shorten submissions prior to publication or use, and to review all submissions prior to publication or use. The Company shall be under no obligation to use any, or any part of, any submission.
SECTION 9 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
YOU EXPRESSLY AGREE THAT YOUR AND YOUR BUSINESS’S USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR AND YOUR BUSINESS’S SOLE RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR OR YOUR BUSINESS’S USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AND YOUR BUSINESS AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU OR YOUR BUSINESS.
SECTION 10 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSSES OF ANY KIND ARISING FROM YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICES.
NOTWITHSTANDING THE LIMITED LIABILITIES SET OUT IN THESE TERMS, IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU IN ANY WAY, THEN OUR MAXIMUM LIABILITY WILL BE CAPPED AT THE LOWER OF (i) US $1,000 OR (ii) THE TOTAL SUM PAID BY YOU TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE LEADING TO THE CIRCUMSTANCES UPON WHICH YOUR CLAIM IS BASED.
SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute between you and us shall be resolved by arbitration pursuant to the rules of The London Court of International Arbitration (LCIA). The provisions of Sections 12 and 13 below shall be excluded from this arbitration provision.
These terms, their subject matter and their formation are governed by English law.
SECTION 12 – ADDITIONAL REMEDIES
You agree that any breach by you or your business of any of the provisions of this agreement may infringe on our intellectual property rights or the intellectual property rights of a third party and damages alone would not be an adequate remedy. In those circumstances, we may seek other relief from the Courts of England and Wales in respect of any such breach, threatened breach, infringement or threatened infringement. Nothing in this agreement shall prevent us from bringing court proceedings or other remedies available to us for any such breach, threatened breach, infringement or threatened infringement including the recovery of monetary damages from you and your business. You hereby irrevocably consent to the exclusive jurisdiction of the courts of England and Wales for all such claims and hereby waive any challenge to the jurisdiction of those courts including forum non conveniens.
SECTION 13 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, information, services, or products, (2) information you submit ortransmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on any of the Company website/s infringes any copyright you own, you or your agent may send the Company a notice requesting the removal of the materials or content from the Company website/s. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send the Company a counter-notice. Notices and counter-notices should be sent via email to:
SECTION 15 – THIRD-PARTY LINKS
We assume no responsibility for the content or functionality of any third-party website to which we provide a link.
SECTION 16 – TERMINATION
These terms should be construed and governed by the laws of England and Wales, and you hereby agree to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute in connection with these terms. This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspect that you or your business have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your and your business’s access to the Website at any time without notice.
The provisions of this Agreement, and any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with the Company. Upon termination, you and your business remain responsible for any outstanding payments to the
SECTION 17 – NO WAIVER
No failure or delay on the part of the Company in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by the Company.
SECTION 18 – GOVERNING LAW AND VENUE
We are not responsible for viruses, and you must not introduce them to our website/s.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
SECTION 19 – FORCE MAJEURE
The Company will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labour strikes, acts of public enemies, laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labour in the open market, acute and unusual labour, material, or equipment shortages, or any other causes beyond the control of the Company. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. The Company shall not be required against its will to adjust any labour or other similar dispute except in accordance with applicable law.
SECTION 20 – ASSIGNMENT
The Company may assign its rights under this Agreement at any time, without notice. Your and your business’s rights and obligations under this Agreement cannot be assigned without the Company’s (or its assigns’) express written consent.
SECTION 21 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. You and your business agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 22 – CHANGES TO THE AGREEMENT
SECTION 23 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 24 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website/s or in respect to the Website/s constitutes the entire agreement and understanding between you and your business and the Company, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services and/or features through the Website/s. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website/s. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 25 – CONTACTING US
We encourage our clients to contact us with questions or comments about this Agreement, or our products and services. Please feel free to do so by sending an e-mail to [email protected]
Notices to you may be made by the Company posting a notice (or a link to a notice) on it’s website/s, at the Company’s discretion.
Copyright 2023 – Growth Accounts LTD – All Rights Reserved