Warranties and Liability

This document is valid from May 22, 2014.

For all entities who became  OpenTrade Commerce clients prior to May 22, 2014 it is effective June 22, 2014.

OpenTrade Commerce tries (but makes no commitment) to keep OT Box-based e-shops that operate within the Tradehub system safe, secure, and functioning properly, as well as to offer reliable data transfer via API for websites with the integrated key of OpenTrade Commerce Platform.

If for any reason you’re unhappy with a software product you purchased, the Software cost will be refunded within 14 calendar days starting from the moment of payment for Software upon written request in case of obvious fundamental inability of Software to satisfy client's requirements. In this case 80% of Software cost will be refunded, 20% Software cost is held as non-refundable service fee transaction.

Software cost is not refunded if client wishes to make a refund later than these 14 calendar days.

Please note that service fees including those charged for connection to the Tradehub system are non-refundable.

When purchasing our products (the OT Box, the Hub, the instance key, additional modules and services, etc.) you acknowledge that OpenTrade Commerce cannot guarantee the continuous operation of sites, services, applications, and tools and/or access to them.

You also agree that the operation of e-shops, services, applications, and tools and access to them may be interfered with by technical problems or numerous factors outside of OpenTrade Commerce control. (Please see the section entitled “Risk Disclosure Statement” for more information).

Products, descriptions, prices, and seller’s data update (that is any information received from product aggregators) may not occur in real time. This depends on a variety of factors such as your location, your WASP network, or the operation of product aggregators that provide data.

You agree that you are purchasing our software products and making use of our services and tools at your own risk. You also agree that OpenTrade Commerce’s software products, services, and tools are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold OpenTrade Commerce responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our software products; services, and tools:
  • delays or disruptions in our sites, services, applications, and tools;
  • viruses or other malicious software products obtained by accessing to our sites, services, applications, and tools, or any sites, services, applications, and tools linking to our sites, services, applications, and tools;
  • glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in information or graphics obtained on them or through them;
  • damage to your hardware device or any other equipment or data loss from the use of our sites, services, applications, and tools;
  • the content, actions, or inactions of third parties, including items listed using our sites, services, applications, and tools, third party reviews  or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account;
  • your need to modify practices, content, or behavior or your loss of or inability to use OpenTrade Commerce’s software products, services, and tools as a result of changes to our Terms and Conditions, Regulations, Prices and Rate plans

 

You acknowledge that OpenTrade Commerce is not the seller’s agent or auctioneer and does not own or sell items through product aggregators. Websites created on the basis of our software products are a marketplace that allows users to offer, sell and buy just about anything anywhere at any time, in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers or agents. OpenTrade Commerce is not a party to this contract nor assumes any responsibility arising out of or in connection with it.

While we may provide pricing, shipping, and other guidance in our sites, services, applications, and tools, such guidance is solely informational and you may choose not to follow it.

Any opinion, statement, recommendation or anything whatsoever shall not form a guarantee. Whilst we can advise you but it is your responsibility to ensure that products and services meet  your particular needs (for example, we cannot promise that recommended average markup on products will be the best possible for your e-shop).

OpenTrade Commerce reserves the right to modify its Policies, Terms and Conditions, Prices and Rates at any time consistent with the provisions outlined herein. This document may also be amended. We will notify you of any changes to our Policies, Prices, Rates, Warranties and Liabilities by sending email messages to your email address provided during registration in OpenTrade Commerce technical support.

We can provide help that could make your business more productive through advice and guidance but OpenTrade Commerce has no control over and does not guarantee the existence, quality, safety or legality of promotion, customization, updating or website content writing services; items available for sale through product aggregators; the truth or accuracy of users' content; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of

(a) the price the item sold for (at procurement price) but no more than 300$.

(b) the amount of fees paid for services (service fees) over the 3 month period.

or (c) $100.

The above mentioned terms can be specified on an individual basis by email info@opentao.net.

 

Release

If you have a dispute with users of your site, logistics, promotion or customization partners and other respective fellows of your project you release us (and our officers, directors, employees and) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.