Merchant Agreement
After signing up with Shopify as a Shopify User-merchant or/and if you create an account with Minstein to use some of our Services (as defined below), you are agreeing to be bound by this Merchant Agreement consisting of this General Terms and the following terms and conditions applicable to the legal relationship between Minstein and Shopify Merchants:
- Terms of Service(Terms of use regarding Minstein services)
- Privacy Policy(Data Privacy Notice)
- Data Processing Agreement(between Minstein and Shopify Merchants)
As made available by Minstein on its site minstein.com and updated from time to time, forming part of the Merchant Agreement and incorporated herein by reference.
As used in the Merchant Agreement, “we”, “us”, “our”, and “Minstein” means IDeepeners Pvt. Ltd., a company headquartered in Ward Number 6, Main Market, Taranagar, Dist. Churu (Rajasthan) India, 331304 (hello@minstein.wpwork.in), registered with a Corporate Identification No. U72900RJ2018PTC062346, and “you” or “Merchant” means the Merchant under the Shopify Terms of Service, namely the Shopify User (if registering for or using a Shopify Service as an individual), or the business employing the Shopify User (if registering for or using a Shopify Service as a business) and any of its affiliates.
You must read, agree with and accept all the terms and conditions contained or expressly referenced in this Merchant Agreement, before you use any Minstein Service.
This Agreement takes effect (the “Effective Date“) when you create an account and/or CLICK ON THE “INSTALL” or “Add App” BUTTON on Minstein’s listing page on Shopify App Store in order to use any of the Minstein Services. Minstein and Merchant are sometimes referred to individually as a “Party” and collectively as the “Parties.”
BY CLICKING ON THE “INSTALL” or “Add App” BUTTON WHEN YOU CREATE A MERCHANT ACCOUNT, AND/OR USING THE MINSTEIN SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS MERCHANT AGREEMENT, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY YOU REPRESENT AND THAT IS USING MINSTEIN SERVICES, AND TO BIND THAT ENTITY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT OR UNDERSTAND THIS AGREEMENT, YOU MAY NOT REGISTER FOR OR USE MINSTEIN SERVICES.
Also, by using Minstein Services on Shopify, you agree, declare and undertake that you fulfil and are bound by all Shopify terms and conditions, including Shopify’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Supplementary Terms of Service for E.U. Merchants (“EU Terms“), the Shopify API License and Terms of Use (“API Terms”) and the Shopify Data Processing Addendum (“DPA”). The terms with caps in this Merchant Agreement not defined herein will have the meaning defined in Shopify applicable terms and conditions.
Without affecting any of the provisions of these General Terms, the Terms of Service, Privacy Policy, Cookie Policy and/or the Data Processing Agreement between Minstein and Shopify Merchants, Parties understand the following:
1. Eligibility criteria that the Merchant must meet prior to the Merchant’s acceptance to use the Application
In order to use the Services, You need to have created an account with Shopify and an online store. You must duly represent a legal entity or act within the scope of a legally organized economic activity and be 18 years or older to use our Services.
2. Minstein Services
The products and services under this Merchant Agreement (Services) may cover any of the products and/or services made available by Minstein on Shopify, for example:
- Shopify Analytics / eCommerce Analytics
- any other products and/or services made available by Minstein on Shopify
3. Warranties and Limitation of Liability special terms
Without affecting the provisions regarding Warranties and Limitation of Liability from the Terms of Service, Parties agree and understand that: i) Merchants cannot hold Shopify responsible for the Application and the responsibility related to the Application and its use is governed by the Terms of Service, ii) Shopify is not liable for any fault in the Application or any harm that may result from its installation and use, iii) except where expressly stated by Shopify, Shopify cannot provide assistance with the installation and use of the Application and iv) Minstein’s responsibility for any liability which may arise from a Merchant’s access to or use of the Application including a) the development, use, marketing or distribution of or access to the Application or b) Minstein’s access, use, distribution or storage of Merchant Data, shall be claimed according to and within the limits provided by the Terms of Service.
The Merchant is the sole responsible for the content of its store, the use of cookies in relation to its store, and the processing of personal data belonging to its customers including by using Vitals Services.
4. Remedies in the event of non-payment by Merchant for Vitals Services
Minstein may suspend the Service or terminate the Agreement without notice, without court intervention or any other additional diligence, in the case of non-payment.
Remedies in the event of non-payment by Merchant for Minstein Services also include the withholding of the transfer of ownership of the Development Store or Merchant Store to the Merchant will be enforced by Shopify at its sole discretion
5. Charges associated with the Merchant’s use of the Services
Details regarding billing and charges associated with the Merchant’s use of the Services may be found at:
6. Final provisions
No agency, partnership, joint venture, or employment is created as a result of this Agreement and Merchant does not have any authority of any kind to bind Minstein in any respect whatsoever.
All notices under this Agreement will be in writing, usually by the Merchant Portal or by email to the email addresses mentioned in the Merchant Account and the Merchant Agreement.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Minstein may change these General Terms as well as the Terms of Service, Privacy Policy, Cookie Policy and/or the Data Processing Agreement, at any time and Merchant may access the relevant link in the Minstein site minstein.com to the then current version. Using the Services after the changes become effective means Merchant agrees to the updated terms and conditions of the Merchant Agreement. If Merchant does not agree to the new terms, it must stop using the Services before changes come into effect.
If you have any questions about the Merchant Agreement, please email us at hello@minstein.wpwork.in
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