Terms and Conditions
By signing up for the DShopp service (“Service”) or any of the services of DShopp Inc. (“DShopp”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by DShopp under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at http://dshopp.com/home/terms. DShopp reserves the right to update and change the Terms of Service by posting updates and changes to the DShopp website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using DShopp or any DShopp services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Welcome to DShopp Market
1. Hi, we’re DShopp and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘DShopp’ it’s because that’s who we are and we own and run the DShopp Market.
2. DShopp’s ecosystem of digital marketplaces helps people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an DShopp Market account that will allow you to buy and sell items like the ones found on the DShopp Market and make other related transactions.
3. The DShopp Market are platforms that allow members to buy and sell licenses to use digital items like website themes, php scripts,graphics, and much, much more. On DShopp Market, buyers and vendors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. Any transactions are logged on your member’s statement, which records the payments made by you to vendor via DShopp Market (as a buyer) and by buyers via DShopp Market to you (as avendor).
4. The items on DShopp Market are owned by the vendors, not by us. We provide a platform; we do not take ownership of the items.
How browsing and membership works
Browsing: You need to be 13 years or over to browse the DShopp Market. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our DShopp Market whether or not you’re a member.
Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
Benefits: Membership is free. When you become a member you get an DShopp Market account that is accessible from any of our DShopp Market (and is also your DShopp account for other DShopp services). Your membership will allow you to ‘buy’ (license) items from vendors, and generally contribute to our ecosystem of DShopp Market that help people get creative. Membership also gives you the opportunity to become a vendor.
Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the DShopp Market that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unvendorized use of your password or any breach of security you need to let us know immediately.
How buying items works
Item support: Vendors can choose whether or not to support certain items. If a Vendor chooses to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items.
Buyer services: When you ‘buy’ an item you also receive services from DShopp like 24/7 buyer support, fraud protection, item quality control and other related buyer services.
Transacting as a buyer:
You can make payments in one of our payment methods ‘Buy Now’.
Currency conversion costs: You are responsible for all costs of currency conversion relating to your DShopp Market account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
Terms of buying: When you buy an DShopp Market item you’re doing so on the following terms:
- you promise to us and the vendor that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the vendors do not promise that any particular item will continue to be available on DShopp Market so you should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
- the vendor retains ownership of the item;
- your relevant details may be provided to the vendor of the item in order to facilitate the transaction, for example for invoicing and item support services;
- transaction limits may apply to DShopp credits (such as total or daily limits);
- we have the right to enforce against you the terms of the license that you have acquired from an vendor.
Promises vendors make: The vendor of an item you buy promises you that:
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by the vendor on the item preview page, as well as any item preview;
- they will honour any express promises given to you that are not contained in these terms;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
- if the item is marked as 'supported', they will provide you with the services as outlined in the item support policy.
Given the nature of digital content, a refund on a purchase is not granted unless one of the promises given by the vendor has been breached, or a refund is required under the DShopp Market Refund Rules or Australian consumer law or other relevant consumer protection laws.
We or an vendor will assess refund requests on their merits, considering the digital nature of DShopp Market items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
If the vendor or we decide to issue a refund, this will generally be done using the same manner used to make the purchase. So if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not DShopp credits) will be made in US Dollars, under the rules of the payment method .
Before requesting a refund
- Read the item's installation guide and documentation
- Check the item's comments page, as you may find a solution to your issue there
- Contact the vendor via the Support tab on the item page (if the item is supported)
- Ensure the item is being used for its intended function and purpose (check the item description), Eg. is the item meant to be compatible with your Wordpress software version?
Disputes lodged with payment agents: If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your DShopp Market account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your DShopp Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere, your credits are not deposits under Australian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Becoming an vendor
Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our vendors sell stock items in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession. Remember that if you become an vendor these terms will continue to apply, along with the vendor Terms you’ll sign up to as an vendor.
We do not own the items on DShopp Market; our vendors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the DShopp Market do not infringe the intellectual property rights of a third party. (Each vendor provides promises to you directly when you purchase their item.)
Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that vendors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.
Model and property releases: Items are available for commercial use (unless stated otherwise by the Vendor on an item page). Vendors are responsible for obtaining and keeping a model or property release if one is needed; please ask the Vendor directly if you need a copy of a release.
Our use of your information
Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the DShopp Market sites and their services, including marketing activities.
Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the DShopp Market will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the DShopp Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the DShopp Market to any other person.
Prohibited Conduct: DShopp is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on DShopp Market but you promise that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unVendorised access to computer systems or content through the DShopp Market;
- attempt to contact other members through the DShopp Market or use any information gained from the DShopp Market with the intention to make a private arrangement that would otherwise be made using the DShopp Market;
- enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Vendor Terms;
- use information gathered from or through the DShopp Market in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
- attempt to or actually interrupt, negatively impact or alter the DShopp Market operation in any way;
- use the DShopp Market or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the DShopp Market, other than in accordance with these terms or the license for the item.
We strongly recommend that you don’t make your contact details public on the DShopp Market or in any public communications via the DShopp Market. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do so at your risk!
Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unVendorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the DShopp Market and any content might result in liability to us or anyone else.
Linking to the DShopp Market: We’d be delighted if you decide to link to DShopp Market from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on DShopp Market. That includes no "in-line" linking methods resulting in images hosted on DShopp Market being displayed on other sites. You must not "frame" any DShopp Market pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the DShopp Market be discontinued, and to revoke your ability to link to the DShopp Market.
Liability and indemnity - between us and members
We provide DShopp Market sites, not the items on DShopp Market sites.
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of DShopp Market and any content you post to DShopp Market (including, if you are an Vendor, your items).
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on DShopp Market;
- information provided by Vendors about their items (including on any item page); and
- your use of items from DShopp Market.
Our liability to you in connection with DShopp Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to the total buyer fees and Vendor fees paid by you in the 12 months before liability accrued.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity - between vendors and members
Each vendor grants to each buyer of the vendor’s items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer's use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies the vendor of the claim and gives the vendor the option to control the defense of the claim (at the vendor's cost), then the vendor will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the vendor regarding that claim.
The liability of each vendor to their buyers is otherwise limited, for each item purchased, to the vendor's earnings from the payment for that item, except to the extent that the vendor's liability arises from wilful misrepresentations made about the item.
Availability: We strive to have DShopp Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access DShopp Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how DShopp Market works. The DShopp Companies will not be liable to you for any loss you suffer as a result of these things.
Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal vendority to bind that third party.
Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an vendority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an vendor. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.
Changes to DShopp Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our members know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use DShopp Market sites after the changes are made, then you will be agreeing to the changes.