Terms and Conditions
updated May 24, 2015
(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”).
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
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.
must be at least 18 and able to form legally binding contracts
under the applicable law in the jurisdiction of residence to use
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.
are responsible for the security of your username and password .
GainStores is not responsible for your failure to keep your username
and password secure.
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.
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.
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
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
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.
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.
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.
may terminate your account at any time by sending an email message
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
charges at the beginning of each month. There are no refunds for
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
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
reserves the right to modify terminate the service at anytime
reserves the right to refuse service to anyone at anytime for any
reason without notice.
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.
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.
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
availing the services of GainStores, you agree to pay the
subscription fees through the payment gateways offered by
fees specified do not include any applicable taxes.
to Service and Price:
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.
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.
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.
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.
of Liability :
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.
use of the Services is at your sole risk. The Services are provided
based on availability.
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
Of Warranties :
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.
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
and Trademark Information
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
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
any injury to
person or property caused by any products sold or otherwise
distributed in connection with GainStores service;
supplied by Customer infringing or allegedly infringing on the
proprietary rights of a third party;
product which Customer sold using GainStores Ecommerce Platform.
Customer agrees to
abide by the terms set forth in this document as well as other
GainStores policy documents including, but not limited to:
also agrees to abide by all applicable Terms set forth by all
GainStores partners and subsidiaries.
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.