Terms of Service
Hi there! We are Aristomart (“Aristomart”, “Aristomart.com”, “we” “us” or “our”), and we are happy to welcome you to Aristomart.com. Before getting started, please be sure to read our Terms of Service carefully.
If you are signing up for an Aristomart account as a consumer (hereinafter referred to as a “Shopper”), you’ll need to read and agree to everything in this document except section 6 (For Shop Owners) and such other terms that are directly referring to Shop Owners. If you are a Shop Owner (as defined below) you must read and agree to all terms outlined in this document, which is a legally binding agreement. If you do not agree to the terms that apply to you, you may not use this Service.
The Terms may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms and Aristomart’s Terms of Service available in another language, the most current English version of the Terms available at https://aristomart.com/terms-of-service shall govern. Questions about the Terms should be directed to https://aristomart.com/faq.
Description of Service
Aristomart is an online platform that offers Shop Owners the tools necessary to create an online shop (the “Shop”), and to start marketing and selling their products instantly. Aristomart also offers its users a community (the “Marketplace”), where Shop Owners can market and sell their goods (“Products”). The Marketplace offers increased interaction, traffic, and exposure to thousands of shoppers, and additional sales accompanied by a commission fee as applicable.
You understand that it is the Shop Owner who is solely responsible for customer service and the quality and marketing of the Products. Aristomart itself does not offer, market, or sell the Products. Aristomart has no control over—or responsibility for—the quality, safety, legality, or efficacy of any Product. It is the Shop Owner, not Aristomart, who provides descriptions and other information about the Products. We cannot control whether the descriptions and user content associated with the Products are truthful and accurate, and by using the Service, you agree that you understand that Aristomart is not responsible for any statements, faults, or omissions concerning the Products. The Shop Owner is responsible for complying with all applicable laws including consumers’ rights.
You may not use the Aristomart Service 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 Bangladesh. You will comply with all applicable laws, rules, and regulations in your use of the Service. All Shop Owners are prohibited to sell Prohibited Products, further defined herein.
We reserve the right not to provide Services in respect to any Transaction you submit which we believe in our sole discretion is in violation of this Agreement, any other Aristomart or Third Party Provider´s agreement, or exposes you, Aristomart, Third Party Providers, or any other third party to actual or potential risk or harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with Third Party Services, other third parties, or law enforcement about you, your Transactions, or the history of Payments Account.
The Service is controlled and operated from Bangladesh. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own will and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to consumer rights, Taxes, and export and import regulations. You may not use the Service if you are a resident of a country embargoed by Bangladesh, or are a foreign person or entity blocked or denied by the Government of Bangladesh.
You understand that your user content (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.
We may modify all or any part of the terms and conditions of the Agreement from time to time by posting the relevant amended and restated terms and conditions on Aristomart’s website. This may occur without notice to you. Such amendments to the Agreement are effective as of the date of posting. You are therefore encouraged to check the Agreement regularly so that you are aware of your current rights and obligations. Your continued use of Aristomart.com (the “Website”) after the publication of amendments of the Agreement constitutes your binding acceptance of the updated terms and conditions. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease to use the Website.
Support, including technical support to Shop Owners, is provided to Account Owners and is only available via email [email protected], or hotline provided on the Website.
You must be 18 years or older—or at least the age of majority in the jurisdiction where you reside or from which you use this Service—to start an account. If you are 13 years or older, but under the age of majority in your jurisdiction, please review this Agreement with a parent or guardian to ensure its terms are understood.
To access and use the Services, you must register for an Aristomart account (“Account”). The User agrees that any personal information required by Aristomart to register an Account (“Registration Information”) will be provided accurately and completely, and also agrees to keep Registration Information fully up to date at all times. You hereby authorize us, at our own discretion, to retrieve additional information about you from third parties and identification services. Aristomart may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of this Agreement and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner and you shall represent and warrant that you have the authority to bind your employer to this Agreement.
You are responsible for keeping your password secure. Aristomart cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You agree to immediately notify Aristomart of any security breach of your Account.
We have no obligation to accept anyone as an Account Owner, and we have sole and complete discretion to accept or reject any Account Owner.
We reserve the right to refuse Service to—and to terminate an Account for—anyone for any reason at any time.
You acknowledge that Aristomart will use the email address you provide as our primary method of communication.
You are responsible for all activity and content such as data, graphics, photos, videos, and links that are uploaded to your Aristomart Account (“User Content”). You agree not to transmit any worms or viruses, or any code of a destructive nature using your Aristomart Account.
A breach or violation of any term in the Agreement, as determined at the sole discretion of Aristomart, may result in an immediate termination of the Service.
We reserve the right to modify or terminate the Service for any reason, without prior notice at any time.
We may, but have no obligation to, remove User Content and Accounts containing material that we determine at our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable—or that violates any party’s intellectual property or the terms and conditions of this Agreement. For further information, see Prohibited Products.
Verbal or written abuse of any kind (including threats of abuse or retribution) towards any Aristomart customer, Aristomart employee, member, or officer will result in immediate Account termination.
Aristomart does not pre-screen User Content and it is within our sole capability to refuse or remove any User Content that is available via the Service.
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, a government-issued photo ID, the last four digit of your bank account number etc.
Aristomart retains the right to determine, using our sole judgment, rightful Account ownership and to transfer an Account to its rightful owner. If we are unable to reasonably determine the rightful Account owner, Aristomart reserves the right to temporarily disable an Account until a resolution has been reached by the disputing parties.
Although Aristomart may refer to you as a Shopper, you do not need to place an order to sign up for an Aristomart Account. As a Shopper, you can contact Shop Owners using the messaging tool. Aristomart reserves the right to block Shoppers who are abusing it, based on reports from Shop Owners or other users.
A Shopper may report issues with any order on Aristomart.com. While Aristomart cannot guarantee refunds, we will act as the intermediary between Shop Owners and Shoppers. Shop Owners who ignore or do not respond to such reports may be subject to suspension from Aristomart.
A Shopper may also leave a public comment/review pertaining to an order or a product. In such cases, the comment may appear on Shop Owner’s pages, and/or on Marketplace pages depending on the concern. Aristomart reserves the right to remove inappropriate or illegal comments; however, it is the Shopper who is responsible for the content of the comment and for ensuring that it will not be deemed illegal under any applicable laws.
Aristomart may save a shipping address and bank card details for signed-in Shoppers completing a purchase on the Shopper’s account. These can be reused when placing further orders.
A Shopper who has signed up for an account from the Marketplace or from any Aristomart powered store is considered the owner of Aristomart Account. A Shopper who has signed up for an Aristomart Account hereby agrees to receive marketing emails from Aristomart. A Shopper may choose to opt out of receiving such emails by updating their Account settings on Aristomart.com. If a shopper has signed up an Aristomart Account from any shop/store powered by Aristomart, they may receive marketing emails from the Shop Owner as well; in this case, the Shop Owner is responsible for the content of the emails and for unsubscribing the Shopper in applicable cases. A Shopper may receive marketing emails for a certain period of time even after he/she is unsubscribed; this is because some of the promotions may already have been in process before they submitted the request.
Aristomart may, at its own discretion, add or remove features and applications from an Aristomart Account without prior notice. Any material changes will be communicated using the email address you provided upon registration.
For Shop Owners
Aristomart hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited-in-time license to use the Services (the “License”). The License shall be for the term of this Agreement only. Neither the License nor any other provision hereof shall grant any rights within the Service, or any other intellectual property rights except the limited License of use outlined above.
The Shop Owner shall;
- Make sure Products are accurately represented using high-quality images and detailed descriptions that include all necessary specifications (size, color, etc.);
- Set accurate shipping charge;
- Provide clear product images. The shop ower will not use any logo, address, phone number, watermark or any identificaton sign on product image or in the product description;
- Help Shoppers stay informed about the status of their orders;
- Notify Shoppers—and process a refund as quickly as possible—if unable to complete an order; and
- Respond to messages and emails from Shoppers in a timely manner. A Shopper should receive a reply within seven days—but the faster the response time, the better.
You may receive personal information pertaining to your Shoppers through operation of the Service. You may not share such information with any third party; send unsolicited, unrelated, or spam communications; engage in an excessive rate of messaging, or misuse or abuse this information in any other way.
You are solely and exclusively responsible for determining what, if any, Taxes apply to the sale of your Products and services, and/or the payments you receive in connection to your use of the Service. It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. Aristomart is not obligated to determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions processed via Aristomart’s payments.
A Shop Owner may not attempt to divert any user or dissuade any purchase through the Marketplace, including without limitation, in favor of a purchase through the Shop Owner’s custom Aristomart shop, or to otherwise attempt to circumvent the Fees (as defined below). Shop Owners may not, without limitation: (i) introduce or display links or URLs that lead users away from the Marketplace; (ii) send or display a message to any user offering a Product or soliciting a sale other than through the Marketplace; or (iii) cancel or return any order placed through the Marketplace with an offer to resell the canceled or returned Product not through the Marketplace. Aristomart reserves the right to suspend or terminate any Shop or Shop Owner’s Account that is in violation of these Terms and/or to charge fees in connection with the sale of any Product Aristomart determines was made in violation of these Terms.
Code of conduct
- You shall not: (i) permit any third party to access the Services, including but not limited to the software, except as permitted herein and to carry out transactions; (ii) create derivate works based on the Services; (iii) copy, frame, or mirror any part of the content of the Services, other than copying or framing for your internal business purposes, (iv) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or trade secrets for any of the Services; or (v) access the Services in order to build a competitive product or service.
- You will not access or use the Service if you are our direct competitor unless you obtain our prior written consent. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
- You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
- You will not cover, block, or in any way interfere with any advertisements, watermarks, colophons and/or safety features on the Website or Service.
Upon purchasing a domain name through Aristomart, or getting a free domain name from Aristomart promotion, you acknowledge that it is your sole responsibility to renew your domain before the initial period expires. If you want to renew your domain through Aristomart, it is your responsibility to contact Aristomart support before your domain expires and ensure that renewal has been done successfully. You may use Aristomart sub-domain for free.
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 Aristomart employees and contractors may also be Aristomart customers and Shop Owners, and that they may compete with you (though they may not use your confidential information in doing so).
Payment of fees
You will pay the Fees applicable to your Service and any other applicable fees, including but not limited to those relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as domain names, or Third Party Services (“Additional Fees”). You will pay the commission per your product sold from Marketplace.
Together, the Transaction Fees, the Additional Fees, and the Commission are referred to as the “Fees”.
Upon completion of sign up for the Service, Aristomart will automatically create a Payments Account on your behalf. Shop owners are responsible to provide accurate withdrawal accounts details for their account. Aristomart will process withdrawal request only for the account details you provide in your profile. Withdrawal requests only from the email account and phone number associated with your account will be processed. Both Shoppers and Shop Owners can buy store credit and use it for payment. On behalf of Shop Owner, Aristomart may refund as store credit to Shopper’s account.
You acknowledge that Aristomart uses the payment gateways services from Third Party Providers. You will use the payment gateways (both internet and mobile payment gateways) connected to your Shop on behalf of Aristomart; in this way, you acknowledge that you abide by the terms and conditions applicable to you imposed by the Third Party Services providers.
You may only use the payment gateways service for the sale of items listed in your Shop and agree to ship products once the payment transaction is complete and funds are available in your Aristomart Payments account. You may not be able to withdraw total available balance in your Aristomart Payments account. You can withdraw the balance available for withdrawal. The amount related to a completed order will only be available for withdrawal once the Shopper gets their order and there is no complain from Shopper about the order. If Aristomart gets complain from Shopper, funds related to the order will be withheld until the situation is resolved.
You may receive payment from Shopper not using the payment gateways of Aristomart; in this case, the balance of your Payments Account will be adjusted. You agree that if your Payments Account balance becomes negative, you will pay your due amount within 15 days it happens.
The Payments Service allows you to accept payment by bank account and mobile banking services. Aristomart may add or remove one or more supported payment methods at any time without prior notice to you.
The termination of this Agreement does not relieve you of your financial obligations as set out in this Agreement. We may hold any funds deemed necessary pending resolution of any other terms or obligations outlined in this Agreement, including but not limited to Chargebacks, Fees, Refunds, or other investigations or proceedings.
In connection with each transfer, Aristomart will charge a transaction fee depending on the transaction value. The transaction fee may be amended from time to time.
These transaction fees are applicable to all transactions that occur through the Payment Service.
When a customer purchases a Product from your Shop, the funds are transferred directly to your Payments Account, minus the transaction fees described above, which are transferred directly to Aristomart.
When a customer purchases a Product from Marketplace, the funds are transferred directly to your Payments Account, minus the commission and fees described above, which are transferred directly to Aristomart.
The Shop Owner agrees to and allows that Aristomart may charge additional applicable Fees to the Payments Account.
Holds, delays, and charges
All funds resulting from a completed transaction will be reflected as a balance in a seller’s Payment Account. If Aristomart reasonably determines that Aristomart may incur losses resulting from credit, fraud, criminal behavior, or other legal risks associated with your use of the Service, Aristomart may withhold fund from your Payment Account until the situation is resolved. The same shall apply in cases of chargebacks, disputes, reports from shoppers to Aristomart, or when a Shop Owner’s Account is terminated.
Aristomart may impose transaction limits or refuse service to a Shop Owner or Shopper at any time. Aristomart may cancel a transaction if Aristomart reasonably determines that the Shop Owner or Shopper is involved in criminal or fraudulent behavior; or that the quality, authenticity, or other features of the Products do not conform to the description thereof; or if there are any other legal risks associated with the transaction. Aristomart will communicate its decision to cancel the transaction to the Shop Owner, who can choose not to deliver the Products until the situation has been resolved.
If there are insufficient funds in the Payments Account to cover the amount of a refund, an Internal Bill, or a chargeback, the Shop Owner agrees to and allows that Aristomart may charge the connected payment method or the connected bank account in order to adjust the balance on the Payments Account.
Payouts and transaction history
Funds available for withdrawal will be deposited to the connected bank account after a withdrawal request is accepted from the Shop Owner unless otherwise agreed upon. Deposits to a Shop Owner’s bank account will be credited within 3-5 business days, but may in some cases take longer, depending on bank rules, holidays, etc.
You acknowledge that transaction history of your Payments Account may not be available for more than one year. We take reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. You acknowledge that there is always a risk of, including but not limited to, application failure, being hacked, and database crash and other related issues concerning the technology which we employ to deliver Service. In these cases, for any disputed claims of the account balance of Payments Account, we may ask you to provide necessary information, including but not limited to, emails related to the transactions and bank statements etc.
Notwithstanding the foregoing, you acknowledge that all credits for funds provided to you are provisional and subject to reversal, including, without limitation, adjustments for inaccuracies and errors (including rejects), and chargebacks, reversals, or claims in accordance with this Agreement and the card network payment rules, whether or not a transaction is charged back by the issuer of the card or the cardholder.
Full refunds must be for the exact amount of the original transaction, including tax, handling fees, and other charges. The refund amount may not exceed the original sale amount except by an amount equal to any reimbursements to the customer for postage costs incurred for product returns.
When a chargeback is issued, you are immediately liable to Aristomart for the full amount of payment of the Chargeback plus any associated Fees, fines, expenses, or penalties (including those assessed by the Payment Networks or our payment processors). You agree that we may recover these amounts from the bank account associated with your Service Account, or setting off any amounts owed to you by us. If we are unable to recover funds related to a chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including, without limitation, attorneys' fees and other legal expenses incurred by or on behalf of us in connection with the collection of any chargebacks unpaid by you.
You agree to provide us with the necessary information, in a timely manner, and at your expense, to investigate or help resolve any chargeback. You also grant us permission to share records or other information required in this case. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible chargeback.
If the cardholder's issuing bank or the Payment Network does not resolve a dispute in your favor, we may recover the chargeback amount and any associated fees from you as described in this Agreement.
We reserve the right, upon notice to you, to charge a fee for mediating or investigating chargeback disputes.
At any point, we may determine that you are incurring excessive chargebacks. Excessive chargebacks may result in additional fees, penalties, or fines. Excessive chargebacks may also result in additional controls and restrictions to your use of the Service, including, without limitation, (i) changes to the terms of your Account, (ii) increases to your applicable Fees, (iii) delays in your payout schedule, or (iv) possible suspension or termination of your Account and the Service.
Limitation of Liability
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT (NEGLIGENCE) CLAIMS: (I) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE, THE SITE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICE, THE SITE, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition—express implied, or statutory.
Aristomart does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Aristomart does not warrant that results that may be obtained from the use of the Service will be accurate or reliable.
Aristomart does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Waiver and Complete Agreement
The failure of Aristomart to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Aristomart and governs your use of the Service, superseding any prior agreements between you and Aristomart (including, but not limited to, any prior versions of the Terms).
Intellectual Property and User Content
The Service contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Aristomart (collectively referred to as the “Content”). The Content may be owned by us or by third parties. Unauthorized use of the Content may violate laws.
We do not claim any intellectual property rights over the material you provide to the Aristomart Service. All material you upload remains yours. You can remove your User Content at any time by deleting your Account.
By uploading User Content, you represent and warrant that you have the right to provide the User Content and agree: (a) to allow other Internet users to view your User Content; (b) to allow Aristomart to display and store your User Content; and (c) that Aristomart can, at any time, review all the User Content submitted by you to its Service. You hereby grant Aristomart a non-exclusive, free of charge and royalty-free, worldwide, irrevocable, transferable, sub-licensable license to use and share the User Content (including, but not limited to, altering, translating, storing, copying or making it available or marketing it to the public or transferring any of these rights to Aristomart’s partners).
You retain ownership over all User Content that you upload to your Aristomart Shop; however, by making your Shop public, you agree to allow others to view this User Content. You are responsible for compliance of User Content with any applicable laws or regulations.
Aristomart shall have the non-exclusive right and license to use the names, photos, trademarks, service marks, and logos associated with your Shop to promote the Service.
We will not disclose your confidential information to third parties, except as required in the course of providing our Services. Confidential information includes any materials or information provided by you, to us, which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you, without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Cancellation and Termination
You may cancel your Account at any time by contacting Aristomart support and following the instructions indicated to you here by Aristomart.
Upon termination of the Service by either party for any reason:
- Aristomart will cease providing you with the Services and you will no longer be able to access your Account;
- Unless otherwise provided in the Terms, you will not be entitled to refunds of any Fees, pro rata or otherwise;
- Any outstanding balance owed to Aristomart for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- Your Shop website will be taken offline.
If you purchased a domain name through Aristomart, it will be your sole responsibility to handle all related matters with the domain provider, including but not limited to, renewing, managing DNS etc.
If on the date of termination of the Service, there are any outstanding Fees owed by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Service, or your Account, for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Aristomart may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity in connection to the site.
Modifications to the Service and Prices
Aristomart reserves the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
Aristomart shall neither be liable to you nor to any third party for any modification, price change, suspension, or discontinuance of the Service.
Third Party Services
In addition to these Terms, you also agree to be bound by any additional service-specific terms applicable to services you purchase from, or that are provided by, Aristomart’s partners or other third parties.
Aristomart 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. 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”). Any use by you of Third Party Services offered through the Services or Aristomart’s website 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.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Aristomart has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services.
If you 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 to take any other actions as required for the interoperation of the Third Party Service with the Services. Any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Aristomart is not responsible for any disclosure, modification, or deletion of your data or User Content, 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 User Content.
Aristomart may use Third Party Services, including but not limited to Facebook pixels, Google analytics, and payment gateway services etc, as a complement to Aristomart’s Services. In these cases, you grant us permission to allow the applicable Third Party Providers to access to your data.
Under no circumstances shall Aristomart 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 Aristomart has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
Right to amend
We have the right to change or add to the terms and conditions of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with a notice on Aristomart website. Any use of the Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified. We recommend you to check this agreement from time to time, so that you get the updates and can take actions to protect your rights, even if you have missed the notice on Aristomart website.
This Agreement, including any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent.
Change of business
You agree to give us at least 30 days prior notification of your intent to change your current Product or services types, your trade name, or the manner in which you accept payment. You agree to provide us with prompt notification if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. You also agree to promptly notify us of any adverse change in your financial condition, any planned or anticipated liquidation or substantial change in the basic nature of your business, any transfer or sale of 25% or more of your total assets, or any change in the control or ownership of your or your parent entity. You will also notify us of any judgment, writ, and warrant of attachment, execution, or levy against 25% or more of your total assets no later than three days after you obtain knowledge of it.
You agree that Aristomart can provide notices to you by sending an email to the email address listed in the Aristomart Account profile, or by mailing them to the address listed therein. Such notices shall be considered to be received by you, if sent by email, at the time of dispatch unless we receive notice that the email was not delivered—and if sent by regular mail, on the second business day after such notice was posted.
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations for, including without limitation, reversals, chargebacks, claims, fines, Fees, refunds, or unfulfilled Products and services.
Entire Agreement; Remedies
This Agreement constitutes the entire agreement between you and Aristomart with respect to the provision of the Service. Except as expressly provided in the Agreement, these Terms describe the entire liability of Aristomart and sets forth your exclusive remedies with respect to the Service, and your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.