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Terms and Conditions

Last updated: 1 Oct 2021

Uploado (“the App”) provides “the Services” of uploading product images from a merchant’s Google Drive account to the merchant’s Shopify store.

By using the Services, you are deemed to have entered into an agreement with Go Code (“the Agreement”), who owns and operates the App, and you are agreeing to the following terms and conditions of the Agreement (“Terms and Conditions”). The effective date of this Agreement is when you start accessing or using the Services in accordance with the Terms and Conditions.

As used in this Agreement, “you” and “your” refers to you, the person accessing the Services; “we”, “us”, “our”, “ours” and “ourselves” refers to Go Code; and “party” or “parties” refers to both you and us.

Your access to and use of the Services is subject to legally binding Terms and Conditions. Please carefully read all of the following Terms and Conditions before you proceed. Accessing or using the Services is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you are legally bound by them. If you do not agree with these Terms and Conditions, please do not use the Services.

Our Services

We develop and make available to you apps which are designed to enhance your ecommerce platform. Our ecommerce apps are built to provide additional features to your existing online Shopify store.

At any time, we may amend the specifics of each aspect of the Services, including technical details, support and pricing information.

We make reasonable efforts to explain each of the Services’ features to you on our website, but we cannot guarantee the Services will look or perform exactly as it appears on a demo page. If you have any questions about any terms or details of any of the Services, please contact us using the contact details on our website.

We make commercially reasonable efforts to provide technical support for the Services. We are not responsible for providing technical support for any apps, products, or services provided to you by third parties.

Modifications

We reserve the right, at our sole discretion, to modify the Agreement and the Terms and Conditions, as well as the fees and other charges for the Services at any time. All such changes will become effective immediately as of the date they are posted on our website. We may provide notice to you of material revisions by means of a general notice on our website. Your continued use of the Services after such revisions are posted will signify your agreement to the revised Terms and Conditions. Therefore, you should visit this page periodically to review the Terms and Conditions.

Acceptable Use

You must not:

  • interfere with or disrupt the Services in any manner, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems;
  • gain or attempt to gain unauthorized access to other computer systems through the Services, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
  • use the Services in any way which is unlawful, illegal, fraudulent or harmful (or in connection with any unlawful, illegal, fraudulent or harmful) purpose or activity;
  • conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website or the Services without our prior express written consent; and
  • impersonate any person or entity or misrepresent your affiliation with any other person or entity.

Any use of the Services which is contrary to the terms of this Agreement may result in the immediate termination of this Agreement and your use of the Services.

Privacy Policy

By using the Service, you acknowledge and agree to our collection, usage, and disclosure of personal information as governed by our Privacy Policy.

Confidentiality

We will not sell, share or rent your personal data to or with any third party.

Your records are regarded as confidential and will not be divulged to any unaffiliated third party, other than our ecommerce payment gateway in order to process your payment(s), and as is otherwise necessary for the delivery of the Services and/or if legally required to do so, to the appropriate authorities.

Further information on the collection, use, retention and disclosure of personal data is available in our Privacy Policy.

Right to use the Services

Subject to your compliance with the Terms and Conditions, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Services for the purpose of operating your online Shopify store.

This right terminates upon termination of the Agreement or any other agreements previously provided to you by us, as may be applicable. When you uninstall the App, the Agreement is terminated automatically. Any and all rights not expressly granted to you are reserved by us, and the Agreement does not confer to you a proprietary interest in any of the Services.

Intellectual Property

All materials displayed or otherwise accessible on or through the Services, including source code (“Our Content”), and the selection and arrangement of Our Content, are protected by copyright, pursuant to Australian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences in Our Content. Portions of Our Content may have been licensed to us or published on our website, or as part of the Services, by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Services or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited.

Certain words, phrases, names, designs or logos made available on or through the Services may constitute trademarks, service marks, or trade names that are owned by us or others. The display of such marks on or through the Services does not imply that you have been granted a licence by us or others with respect to them.

Continued Use, Updates and Upgrades

We reserve the right to modify, update, remove or disable access to any of the Services without notice to you and we will not be liable to you if we exercise those rights. When you purchase any of the Services, you are purchasing the right to use the Services as of the time you purchase it. You are not paying for the right to any updates, upgrades or future versions of the Services, though we may make such updates, upgrades or future versions available to you, at our sole discretion. We do not warrant, represent or undertake to provide any updates and in no event shall we be liable to you for our failure to do so.

Third Party Services and Content

We are not a party to any relationship between you and any third party, including, but not limited to, you and your ecommerce platform or you and your customers (your “Customers”), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.

Your use of the Services may rely on services and products which are offered by third parties (“Third Party Services”). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.

We may make third parties’ content and materials (“Third Party Content”) available to you through our websites, such as reviews. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.

You agree that we will have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence for any damages or expenses resulting in any manner from your interactions with any: a) third parties; b) Third Party Services; or c) Third Party Content, and we are not obliged to become involved in any disputes you may have with any third parties. If you have a dispute with any third parties, you release us from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages arising out of or in any way related to such disputes and/or the Services.

Internet Connectivity and Compatible Technology

The availability and functioning of the Services depend on the availability of a properly functioning internet connectivity, as well as compatible hardware and software.

We are not responsible for ensuring uninterrupted access to the internet or any charges you incur, in association with your use of the internet, nor are we responsible for ensuring your hardware and software are compatible with the Services. You acknowledge that your access to and use of the Services may be impaired or prevented by factors beyond our control (such as issues with your computer system or internet infrastructure connectivity issues), and that we are not responsible for any such factors, or their effects.

We are not liable for any failure to backup or restore any information or for interruptions, delay or suspension of access to or unavailability of the Services, or any loss of such information, data or transmissions. It is your responsibility to ensure that your data is backed up effectively.

Disclaimer

The Services are provided on an as-is, as-available basis and without warranties of any kind, expressed or implied. By accessing and using the Services, you acknowledge and agree that such access and use is entirely at your own risk.

We make no representation or warranties regarding the use or the results of the Services (whether provided directly by us or through third parties or our affiliates), including, without limitation, that the Services or materials on our website will be accurate, complete, correct, timely or suitable,that the Services and the materials on our website will be available or uninterrupted at all times or at any particular time, or that the Services and the materials on our website will be free from errors, viruses or other harmful components.

Limitation of Liability

We are not to be held liable for damages that occurred before, during, or after a transaction using the Services, or that are due to theft, breaking the law or breaching the Terms and Conditions. Damages may include loss, injury, or expenses incurred.

Indemnity

You agree to indemnify and hold us harmless from any claim or demand (including reasonable legal fees, expert fees and other reasonable litigation costs), arising from, incurred as a result of or in any manner related to your use of the Services, including, but not limited to: a) your breach of the Agreement; b) any misrepresentation made by you to any third party; c) any third party claim in respect of the Services involving or related to you or your customers’ use of the Services; d) your ability or your customers’ ability to access and use the Services; or e) your violation of applicable laws, rules or regulations or the rights of any third party.

Payment and Terms

All Services are provided on a per store basis, meaning you will have to purchase the Services on an individual store basis. For example, if you have two stores and you wish to use one of our Apps for both stores, you must purchase two subscriptions to that App.

The sale is finalized when you conclude the purchase of the Services, and your method of payment will be charged following your predefined billing cycle on that ecommerce platform. When you make a payment, you confirm that you are entitled to use the method which you have used to make the payment.

All payments to us do not include applicable sales tax, goods and services tax, harmonized fees or any other taxes or fees which may be charged by governmental authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility.

All payments are made payable in USD (United States Dollars).

Cancellation, Refund and Termination

You may cancel your recurring application charge at any time for no additional charges. Simply uninstall the App(s) (or other Services) that you no longer want to use and your next invoice will automatically be adjusted to exclude the App(s) (or other Services) you uninstalled, in accordance with the relevant ecommerce platforms’ billing policies. If you no longer use any of the Apps or Services and you no longer owe us any fees, you will not receive any further invoices.

We do not provide a refund for purchases of our Service if:

  • you have changed your mind
  • you have insisted on having our Service provided in a particular way, against our usage instructions
  • misused our Service in any way that caused the problem
  • the problem with our Service is outside our control

If you have a complaint, we will try to resolve the complaint with you. If your complaint cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights in accordance with Australian Consumer Law.

If you breach any provision of the Agreement (as determined by us in our sole discretion), we may terminate the Agreement and you may no longer use the Services. We may at any time, and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Services, all without notice or liability to you or to any other person. Upon termination, all payments for the Services received pursuant to the Agreement shall become due immediately.

We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that may be owed to you if we have suspended or terminated your permission to use the Services or any part thereof. We reserve the right to cease, suspend or interrupt operation of, or access to, the Services or any part thereof, and we shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.

When the Services are terminated by you or by us, for any reason, we will stop providing the Services to you. You shall uninstall and/or delete any Apps or other software you have downloaded from us. The termination of the Services may result in the loss of content which is associated with your account and we are not responsible for storing or providing you copies of such content. Personal data tied to your account will be permanently deleted or anonymized within 60 days of the termination date.

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Governing Law

These Terms and Conditions and any contract to which they apply shall be governed by the laws of New South Wales, Australia, the state in which Go Code has its principal place of business (and are subject to the jurisdiction of the courts in that state) and/or the laws of Australia.

Copyright © 2021 Go Code (gocode.com.au)