Conditions d'utilisation

  1. Information about the Terms of Use

    The following "Terms of Use" are the terms and conditions on which the ShopMania BIZ website (the "Website") and Services (the "Services") are being provided to you.

    ShopMania BIZ provides a series of tools that can be used to create and manage an online store (the “Services”).

    By accessing the Website (browsing, registering) or using the Services, you accept and agree to be bound by these Terms of Use, so please review them periodically.

    If you do not accept these Terms of Use, you must immediately cease using the Website and/or Services.

  2. Changes to the Terms of Use

    We are constantly making improvements to the Website and to the Services that we provide, therefore we reserve the right to make necessary changes to these Terms of Use at any time, without prior notice to the individuals accessing the Website or using the Services (that will be further referred to as “you” or “the Users”).

    All changes referring to fees and pricing will take effect 7 days after they have been published. All other changes become effective immediately after having been published on the Website. By accessing or using the Website and Services, you accept and agree to all such changes.

  3. Access to Website and Services

    1. ShopMania BIZ grants you permission to access the ShopMania BIZ Website and Services under the following terms and conditions:
      1. All Users can receive access to the Services provided by ShopMania BIZ;
      2. The Users warrant that all information submitted is current, complete and accurate, as required by the registration process or in other sections of the Website and agree to maintain and update this information as needed to keep it current, complete and accurate. ShopMania BIZ reserves the right to suspend access to the Services, if it is discovered that the information submitted by Users does not comply with the requirements listed above. ShopMania BIZ reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
      3. It is strictly forbidden to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website and Services;
      4. Any interventions that might cause temporary or permanent dysfunction to the Website are strictly forbidden;
      5. It is strictly forbidden to interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, except for those changes necessary to the best use of the Website;
      6. It is strictly forbidden to defame or in any other way harass or invade the privacy of other members;
      7. It is strictly forbidden to send any unsolicited or unauthorized advertising or promotional materials. Undertaking such actions will lead to the automatic suspension of your User Account. You acknowledge that you are liable and responsible for all actions that do not comply with the applicable law.
      8. We cannot and do not check to see whether the domain or subdomain name you select, or the use you make of the domain name, infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others. You acknowledge that you are liable and responsible for all actions that infringe the legal rights of third parties. If such actions can be traced back to you, we reserve the right to suspend your account.
      9. ShopMania BIZ reserves the right to suspend accounts using domain or subdomain names that are harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or that otherwise degrade or intimidate individuals or certain groups on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
      10. It is strictly forbidden to use the Services with the purpose of conducting illicit activities, according to the applicable law. All such activities will lead to the suspension of the User account.
      11. If a User hasn't logged in to his account for more than 6 months, then the access to his account will be suspended and the online shops associated with this account will not be visible anymore. Access will be restored, once the User logs in to the account again and confirms the action.
      12. If the User doesn't renew his membership plan for an online shop prior to the plan expiration date, then the online shop is automatically deactivated and is not accessible anymore. The online shop will be reactivated, after the User renews his membership plan for this shop and payment is confirmed.
      13. ShopMania BIZ reserves the right to suspend access to any User account at any time, in case of suspicions regarding the authenticity and accuracy of the information transmitted via the Website or Services.
      14. The User is exclusively liable for all actions conducted by using the Services and for all the content transmitted via the Website or Services. ShopMania BIZ shall not be liable to you or to any third parties for any loss of profits or special, incidental or consequential damages arising out of or in connection with the Website or Services.
      15. The use of the ShopMania BIZ Services does not guarantee the approval of the User's registration for the price comparison services offered by the website ShopMania.
      16. The violation of the present Terms and Conditions will automatically lead to the termination of your User account.
      17. All fees payable hereunder are non-refundable unless otherwise mentioned in this document. ShopMania BIZ can provide a refund within the first 15 days after the User's first purchase. This guarantee only applies to first time service orders on ShopMania BIZ.
      18. Users may cancel their account at any time. By canceling a user account, the online shops associated with the account will no longer be visible. The accounts that have been canceled, the associated online shops and all their information will be permanently deleted, if the user account is not activated within 1 month from the cancellation date. In order to reactivate the account, the User must log in and confirm the reactivation.
    2. In order to access the Services provided by ShopMania BIZ you must set up an account on the Website. You will receive a password and account designation after completing the registration process. You are responsible for maintaining the confidentiality of the password and of your account information, and for all activities that occur under your password or account. We are not liable if your password or account is used by someone unauthorized. If you suspect that your User account is being used by an unauthorized person, please contact us immediately at biz@shopmania.fr. ShopMania BIZ is not liable for any damages caused to you in such situations.
    3. You may not use any automated means (such as scripts) to access the Website or Services or to collect information from them.
    4. Links to other websites or resources may be provided by ShopMania BIZ or by third parties. As control over such sites and resources cannot be performed, by using the Website and Services you acknowledge and agree that we are not responsible for the availability of such external sites or resources, that we do not endorse and that we are not responsible or liable for any content, advertising, products, product information or any other materials that are made available on or through these websites. Furthermore, you acknowledge and agree that any damage or loss caused, or allegedly caused, by the use of such external resources will not be accounted to ShopMania BIZ or any of its third parties.

  4. Responsibility for content

    1. You acknowledge that you are responsible for all information, data, text, photographs, graphics, video, messages and other materials posted on your online shop and;
    2. You warrant that you are owner of the materials you posted, or that you have the consent or permission to use these materials in any way, including its reproduction and distribution on the Website or other channels;
    3. You grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, perform and display Content posted by you , in whole or in part, worldwide, at present or in the future;
    4. You agree that you will not post any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, unless you have the owners’ consent to perform such an action;
    5. You will not post any Content that might harm ShopMania BIZ or other third parties;
    6. You will not post any Content that is false, inaccurate, illegal, harmful, abusive, harassing, vulgar, privacy invasive or that offends or intimidates individuals or groups of individuals with regard to gender, age, race, ethnicity, religion, sexual orientation or disabilities;
    7. You will not post any Content promoting illegal activities;
    8. You will not post any Content containing unsolicited or unauthorized advertising, "junk mail", "spam" or unsolicited information.
    9. You will not use the identity of another real person in your interactions with the Website or Services.

  5. Policies regarding ShopMania BIZ Widgets

    1. Merchants creating and publishing a ShopMania BIZ widget, such as the MiniShop Widget, are required to adhere to the following policies. If you fail to comply with these policies, we reserve the right to suspend your ShopMania BIZ account and/or disable your widgets at any time.
    2. Because we may change our policies at any time, please check this page periodically for updates. It's your responsibility to keep up to date with, and adhere to, the policies posted here.
    3. Merchants may not place the ShopMania BIZ widgets, including the MiniShop Widget, on pages that display content that violates the following content guidelines.
    4. The sites where the MiniShop widget is published may not include or link to:
      1. Pornography, adult or mature content
      2. Violent content
      3. Content related to racial intolerance or advocacy against any individual, group or organisation
      4. Excessive profanity
      5. Hacking/cracking content
      6. Gambling or casino-related content
      7. Illicit drugs and drug paraphernalia content
      8. Sales of beer or hard alcohol
      9. Sales of tobacco or tobacco-related products
      10. Sales of prescription drugs
      11. Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns)
      12. Sales of products that are replicas or imitations of designer or other goods
      13. Sales or distribution of coursework or student essays
      14. Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
      15. Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
      16. Illegal downloads, torrents, torrent search engines
    5. The sites where the ShopMania BIZ Widgets, including the MiniShop Widget, are published must adhere to the commonly accepted and respected web quality guidelines, including but not limited to:
      1. The sites must not use cloaking or sneaky redirects;
      2. The sites must not include pages with malicious behavior, such as phishing or installing viruses, trojans, or other badware;
      3. The sites may not change user preferences, redirect users to unwanted websites, initiate downloads, include malware or contain pop-ups or pop-unders that interfere with site navigation.

  6. Legal obligations and limits of Liability

    1. Any matter in relation to or arising from the use of the Website, including any breach or suspected breach of these Terms of Service, or your violation of any law or of the rights of any third party that can lead to a third party soliciting claims and/or damages to us and our partners and employees, will be compensated by you.
    2. Any liability for damage to your computer system or loss of data that results from using the Website shall not be accepted by ShopMania BIZ. We also cannot guarantee the integrity of the files that you may download or that they are free of viruses, contamination or other types of threats.

  7. Guarantees

    By accessing the Website (browsing, registering) or using the Services, you accept and agree to be bound by these Terms of Use, to not use the Website for any other purposes than the ones allowed by its owners and to not formulate or take action regarding any claims from ShopMania BIZ and its staff.

  8. Trademark information

    "ShopMania" and the ShopMania logo are trademarks of SC Asesoft Net SRL. You agree not to display or use, in any manner, the ShopMania BIZ trademark or any related content without prior permission from SC Asesoft Net SRL.

  9. Service availability

    SC Asesoft Net SRL does not hold liability and reserves the right to modify or discontinue the Website or Services, in part or in whole, temporarily or permanently, or to launch new services or improvements, with or without prior notice.