- Introduction - which sets out the relationship between us.
- General Terms - which set out the applicable legal terms including your legal rights and limits to our liability.
- Operational Terms - which describe the manner the Websites work.
2. GENERAL TERMS
- You may not use the Service if you do not accept the Terms set out herein.
- Before you continue, you are advised to print or save a local copy of the Terms for your records.
- You may not use the Service and may not accept the Terms if you do not meet the eligibility requirements (see below).
- The Service is not available to minors under the age of eighteen (18) years or to any users suspended or removed from the Websites or Service for any reason. No user may have more than one account.
- Additionally, membership is non-transferable and users are prohibited from selling, trading, or otherwise transferring their account to any other party.
Merchants and Third Party Materials
- All content on our Websites are not intended to amount to advice on which reliance should be placed. migShop disclaims to the fullest extent permitted by law all and any liability and responsibility arising from any reliance placed on such materials by any visitors or any other sources directing to our Websites or by anyone who may be informed of any of its contents.
- Our Websites may contain (a) links to other sites operated by third parties, (b) advertisements and/or sponsorships provided by third parties, and (c) stores, services, product lines or items offered by third parties ((a), (b) ,and (c) are collectively referred to as: Third-Party Materials", and third parties who are referred to in the Third-Party Materials are referred to as Merchants).
- We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable Merchants and we are not responsible for any acts or omissions of such Merchants or the goods and services which they offer for sale.
- migShop does not offer any goods or services itself. Users who use Third-Party Materials acknowledge they are dealing solely with Merchants who are not related to migShop, and that migShop is not a party to any supply of goods or services either as agent, principal, partner, or otherwise.
- migShop may be paid a commission or fee if you transact with a Merchant, and migShop does not owe users any fiduciary or other duty in respect of such fees or commissions.
- We do not review, approve, endorse, guarantee, warrant, or make any representations whatsoever with respect to Third-Party Materials, any goods or services, or the applicable Merchants. We shall not be responsible in any way whatsoever in so far as your dealings with such Merchants. By way of example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that the Merchant sites do not contain viruses or other features that may adversely affect your computer, and we do not provide any warranty or guarantee in relation to any goods or services sold or supplied by a Merchant.
- You use all Third Party Materials and interact with Merchants at your own risk. We shall not be obliged in any way to be involved in any disputes you may have with or against any Merchant. You should carefully review the applicable third party privacy statements and other terms and conditions of Merchants.
- To the fullest extent permitted by law, you hereby release and discharge us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from your use of Third Party Materials or interactions with or the conduct of the applicable Merchants.
- You are solely responsible for conducting your own due diligence of any item purchased through our Websites which shall include but is not limited to, carefully reading all descriptions of the items and noting any uploaded images associated with the items featured on our Websites.
- Please note that all images along with measurements noted alongside the items are based on images and approximations/estimations obtained from Merchants who provide us with the Third-Party Materials. We have not independently verified item descriptions and are not responsible for any discrepancies between the actual item and the color, shape and/or descriptions/measurements stated on our Websites.
- If you have a dispute relating to goods or services you buy from Merchants or from using Third-Party Materials, you will need to resolve the dispute directly with the Merchant. Any consumer rights you have under law will be solely against the Merchant.
Intellectual Property Rights
- We retain all intellectual property rights (including, but not limited to, any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing) embodied in or relating to the Websites, the design or operation thereof, any modification or enhancements thereto and any other technical information relating to the provision thereof (collectively, "Intellectual Property Rights"). You must not do anything that would jeopardize, damage, limit or interfere with our Intellectual Property Rights or our interest in them.
Limitation of Liability
- We are not responsible for any liability that may arise from your interaction and dealing with Third-Party Materials, or any transaction or dealing with a Merchant.
- You expressly agree that your use of our Websites and the Third-Party Materials is at your sole risk. migShop, its affiliates, agents, third party content providers, suppliers and licensors do not warrant that our Websites; information, content, materials, products (including software) or services included on or otherwise made available to you through our Websites; their servers; or email sent from migShop are free of errors, viruses or other harmful contents. In addition, migShop does not represent or warrant that the information accessible via our Websites is accurate, complete or current.
- We are not liable for special, indirect, consequential, or punitive damages related to or howsoever arising from the Services or any item(s) migShop displays or makes available through our Websites.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS (COLLECTIVELY, "RELATED PARTIES") ARE LIABLE TO YOU OR ANY THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, LOSS OF OR DAMAGE TO BUSINESS OR REPUTATION, LOSS OF OPPORTUNITY, LOSS OF ADVANTAGE, LOSS OF USE OF ANY SOFTWARE OR DATA, LOSS OF USE OF ANY MOBILE PHONE OR OTHER EQUIPMENT, LOSS OF USE OF THE SYSTEM ON WHICH THE WEBSITES ARE VIEWED, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, OR THIRD PARTY CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
REPRESENTATION AND WARRANTY; INDEMNITY
- You agree to indemnify and hold us and our Related Parties harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our Related Parties, whether successful or not, resulting from, arising in connection with or relating to: (a) your breach of any term of the Terms or any policy or guidelines referred to in it; (b) your use or misuse of the Websites; or (c) any breach of any of your representations and warranties.
3. OPERATIONAL TERMS
Registration and Website Usage
- As part of the registration process, please note the following:
You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service or Websites and that your user account may be used only by you and not anyone else.Accordingly, you agree that you will be solely responsible to migShop for all activities that occur under your account. User accounts created are non-transferable.migShop's Services are offered exclusively to private users and not to commercial or partly-commercial resellers. migShop reserves the rights to exclude users that we suspect to be resellers from participating and to close their account or any other related accounts at our discretion.Without limiting other remedies, we may without prior notice to you, limit, suspend, or terminate our Services and user accounts, prohibit access to our Websites and their content, services, and tools, remove hosted content, and take technical and legal steps to keep users off the sites if in the opinion of migShop, they are undesirable, possibly creating problems or potential legal liabilities, being used fraudulently, infringing the intellectual property rights of third parties, being used to assist money laundering or other unlawful activities, and/or acting inconsistently with the letter or spirit of our policies.You must not misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Websites, the server in which our Websites is stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack.By breaching the provisions set out in Clause 6 above, you would commit a criminal offence under the Computer Misuse and Cybersecurity Act, 2013 or its equivalent in your jurisdiction. 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 Websites will be revoked and will cease immediately.We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or to your downloading of any material from our Websites, or on any websites linked to it.You will not hold migShop responsible for any loss or damage you may incur or suffer as a result of migShop taking any of the actions outlined above.
- During the registration process for a migme account, you must choose a username. The username must not be offensive, or be selected to intentionally or otherwise, or deceive or mis-inform other users. The username may not offend common decency or infringe upon the rights of third parties.
- You are to provide a valid email address during the registration process for migShop to authenticate your identity and prevent any misuse of the Service.
- In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services.
Payment and Delivery
- migShop is not an e-Commerce or online store, therefore does not handle payment or delivery of your orders.
- All payments will be done on the applicable Merchant’s page and any deliveries are the sole responsibility of the Merchant.
- All inquiries regarding to products and warranty must be directed to the Merchant.
- You further agree and undertake to provide the correct and valid details to effect payment to Merchants. Such information will not be utilized and/or shared by migShop with any third party unless required for fraud verifications or by any laws, regulations or court orders.
In the event of a technical breakdown of the Websites (System Outage)
- We cannot guarantee continuous access to our Service, and operations of our Websites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Service.
- Should migShop suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down; it has the right to investigate the matter and take legal action against perpetrators.
Events Beyond Our Control
Assignment and Delegation
- Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.