Terms and Conditions

GainStores Terms and Conditions

Last updated May 24, 2015

GainStores (including its affiliates and subsidiaries, “GainStores”) is an e-commerce platform offered by VenPlex Inc., a US Corporation. GainStores offers a collection of services and tools that enable merchants to create an online store; manage their products, orders, payments; and other services (collectively termed the “Services”).

Please read the Terms and Conditions carefully before using the service. By signing up and using GainSores, you are agreeing to be bound by the following Terms and Conditions. Any new features or tools that offered as part of the GainStores service are subject to these Terms and Conditions.

GainStores reserves the right to update and change these terms at any time. You are revised to review the Terms and Conditions from time to time to be aware of any changes that apply to you.

Account Terms:

  1. You must be at least 18 and able to form legally binding contracts under the applicable law in the jurisdiction of residence to use this Services.

  2. In order to access the Services , a user must sign up at GainStores.com and provide correct andcurrent information as prompted by our registration flow. Members are responsible for all activity that occurs within their account, including any aliases they may create. We reserve the right to reclaim the usernames/alias names from members for which there may be legal claims or trademarks by businesses or individuals to those names. You acknowledge that the email account you provided to us is the primary method for communication between GainStores and yourself.

  3. You are responsible for the security of your username and password . GainStores is not responsible for your failure to keep your username and password secure.

  4. You are solely responsible for any content you publish or upload to the website/service, be it text, graphics, video, audio, profiles, links to other sites and any other content. You may not post any content that is illegal or content that you do not own and/or do not have permission/authorization to post/upload. By uploading/posting content, you maintain that the content does not infringe on the rights of third parties such as copyright, trademark, etc., the content does not contain spam, the content is not pornographic or obscene, and the content does not contain or install any viruses, worms, malware or Trojan horses etc.

  5. GainStores offers a platform to host ecommerce websites as a service. The service is not meant for use as online storage space for archiving electronic files. Violation of this term is strictly prohibited and will result in termination of Services without prior notice.

  6. GainStores may back up data on its servers from time to time, but is under no obligation or duty to you, the Customer, to do so. It is solely the your responsibility to separately back up your data and files that are stored on GainStores servers. Under no circumstances will GainStores be liable to anyone for damages of any kind under legal theory and/or for loss of customer files and/or data on any GainStores server.

  7. If there is any breach or violation of the Terms and Conditions set out by GainStores, GainStores, at the sole discretion of Gainstores, may immediately terminate your account at GainStores.com

Restrictions and Responsibilities

  1. These Terms and Conditions are forth by GainStores for using its Services only. You, as a customer and/or user, are not granted a license to any software by this Agreement.

  2. You, the Customer, is not subjected to deal, directly or indirectly decompile, reverse-engineer, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services ("Software"); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or Software; use the Services or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

  3. For every email message sent in connection with the Services, the user and/or customer acknowledges and agrees that the recipient has agreed to receive such communication and that the user shall not engage in the act of sending unsolicited emails.

Cancellation and Termination

  1. You may terminate your account at any time by sending an email message to support@gainstores.com.

  2. Once the cancellation is processed and completed, GainStores may delete your archived data within 30 days . All sections of these Terms and Conditions, , which by their nature should survive termination, including, without limitation, warranty disclaimers and limitations of liability.

  3. GainStores charges at the beginning of each month. There are no refunds for partial months.

  4. GainStores has the sole discretion of terminating this Agreement or the Services with you at anytime with or without any cause, and with or without notice. GainStores shall not be liable because of such termination.

  5. If the user does not pay or the payment has failed, the store(s) for which payment has not been made/declined will go unpublished  after a grace period of one week. The account may be cancelled after one month. When the stores are reactivated with valid payment, payments will be collected for the whole period for which payments have not been made.

Gainstores Rights:

  1. Gainstores reserves the right to modify terminate the service at anytime without notice.

  2. Gainstores reserves the right to refuse service to anyone at anytime for any reason without notice.

  3. We do not pre-screen store content but have the right to, but not the obligation, remove objectionable content that may be illegal, threatening, libelous, pornographic or hateful etc.

  4. We are a platform that supports a multitude of sellers across various geographies and it is to be understood that there may be sellers on our service who may be your competitors.

  5. In case of dispute of ownership of stores, Gainstores at it’s sole judgment will make it’s best efforts to determine the rightful owner and in case of not being able to do so, it retains the right to disable the store until a resolution can be made between the parties. GainStores may require documentation in to ascertain ownership.


  1. For availing the services of GainStores, you agree to pay the subscription fees through the payment gateways offered by GainStores.

  2. All fees specified do not include any applicable taxes.

Modifications to Service and Price:

  1. The pricing of GainStores services are subject to change but prior to change, GainStores will issue notification 30 days prior to implementation. The notification will be posted on the GainStores site or on your administration panel.

  2. GainStores. reserves the right to modify or discontinue the Service or some features with or without notice to you, the Customer.. GainStores shall not be liable to you or any third party.

Third-Party Sites :

  1. GainStores may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding links or the content located on such sites. Your use of those third-party sites is subject to the Terms and Conditions and Privacy Policies of each site, and GainStores is not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.

  2. The third party partners’ Terms and Conditions may change from time to time and our service may adopt to such changes which may result in the modification/termination/enhancement of some features of the Services.

Limitation of Liability :

  1. GainStores shall not be liable for any damages whatsoever. In particular, GainStores shall not be liable for any special, indirect, consequential or incidental damages, or damages for lost profits, loss of revenue, loss of data, or loss of use, arising out or related to the Services or the information contained on the GainStores.com sites and Services, whether such damages arise in contract, negiligence, tort, under statute, in equity, at law, or otherwise, even if GainStores has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.

  2. Your use of the Services is at your sole risk. The Services are provided based on availability.

  3. GainiStores does not guarantee the quality of the Services, information, or any other material obtained through GainStores or the Services will meet your expectations or that any errors in the Service will be corrected.

Disclaimer Of Warranties :

  1. As the site is powered by Venplex Inc. on an AS IS and on an AS AVAILABLE basis. To the fullest extent permitted by applicable law, Venplex Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.

  2. GainStores shall have no liability for any interruptions in the use of this Website. GainStores disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Copyright and Trademark Information

All content (excepting the user provided content) included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2014 Venplex, Inc., with all rights reserved, or is the property of Venplex, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Venplex, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Venplex, Inc. Venplex, Inc. and GainStores.com are proprietary marks of Venplex, Inc.. Venplex, Inc. trademarks may not be used in connection with any product or service that is not provided by Venplex, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GainStores.com and/or Venplex, Inc. All other trademarks displayed on VenPlex website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with GainStores.com/Venplex, Inc.


  1. Customer agrees that it shall defend, indemnify, save and hold GainStores services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against GainStores, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GainStores against Liabilities arising out of

    1. any injury to person or property caused by any products sold or otherwise distributed in connection with GainStores service;

    2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;

    3. copyright infringement;

    4. any defective product which Customer sold using GainStores Ecommerce Platform.

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other GainStores policy documents including, but not limited to:

  1. Beta Agreement

  2. Privacy Policy

Customer also agrees to abide by all applicable Terms set forth by all GainStores partners and subsidiaries.

Governing Law and Jurisdiction:

This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Santa Clara County, State of California and the parties hereby irrevocably consent to the jurisdiction and venue therein.