Terms of Service

1. Account Terms

1. To access and use the Services, you must register for an iStores account ("Account"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. iStores may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You confirm that you are receiving any Services provided by iStores for the purposes of carrying on a business activity and not for any personal, household or family purpose.
4. You acknowledge that iStores will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you ("Primary Email Address"). You must monitor the Primary Email Address you provide to iStores and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with iStores can only be authenticated if they come from your Primary Email Address.
5. You are responsible for keeping your password secure. iStores cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
6. Technical support in respect of the Services is only provided to iStores Users. Questions about the Terms of Service should be sent to iStores Support.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by iStores.
8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside iStores' Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
10. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, product reviews, or other business content and data provided or made available by you or on your behalf to iStores or its affiliates.

2. Account Activation

2.1 Store Owner

1. Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store's website.
2. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. You must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Your iStores Store can only be associated with one Store Owner. A Store Owner may have multiple iStores Stores. You agree to use iStores Checkout for your store. "Store" means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

1. Based on your iStores pricing plan, you can create one or more staff accounts ("Staff Accounts") allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email address. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information.
2. The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner's employees, agents or subcontractors.
3. The Store Owner and the users under Staff Accounts are each referred to as an "iStores User".

2.3 Payment Gateway Accounts

1. Upon completion of sign up for the Service, iStores will create default payment gateway accounts on your behalf using your Primary Email Address. Depending on your location, iStores may also create an iStores Payments account on your behalf.
2. You acknowledge that these payment gateways will be your default payment options and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep any payment account active, it is your responsibility to deactivate it.

2.4 iStores Pay

1. Upon completion of sign up for the Service, if you have been enrolled in iStores Payments, iStores Pay will automatically appear as an accelerated checkout option on your checkout page. If you do not wish for iStores Pay to appear on your Store, it is your responsibility to remove it by managing your accelerated checkouts in your iStores administrative console.
2. If your customers have enabled iStores Pay, customers may purchase goods and services from your iStores Store using iStores Pay.
3. By using iStores Pay on your iStores Store, you agree to be bound by the iStores Pay Merchant Terms of Service, as they may be amended by iStores from time to time.

2.5 Apple Pay for Safari Account

1. Upon completion of sign up for the Service, iStores will create an Apple Pay for Safari ("Apple Pay") account on your behalf, using the URL(s) and business name associated with your Account. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9.9 of these Terms of Service.
2. If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Store using Apple Pay.
3. By using Apple Pay on your Store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time.

2.6 Google Pay

1. Upon completion of sign up for the Service, if you have been enrolled in iStores Payments, iStores will also create a Google Pay account on your behalf. If you do not wish to keep your Google Pay account active, it is your responsibility to deactivate it. Google Pay is a Third Party Service as defined in Section 9.9.
2. If you use a Google Pay supported payment gateway and your customers have enabled Google Pay, customers may purchase goods and services from your Store using Google Pay.
3. By using Google Pay on your Store, you are agreeing to be bound by the Google Pay API Terms of Service, as they may be amended by Google from time to time.

2.7 Meta Pay

1. Upon completion of sign up for the Service, if you have been enrolled in iStores Payments, iStores will also create a Meta Pay account on your behalf. If you do not wish to keep your Meta Pay account active, it is your responsibility to deactivate it. Meta Pay is a Third Party Service as defined in Section 9.9.
2. If you use a Meta Pay supported payment gateway and your customers have enabled Meta Pay, customers may purchase goods and services from your Store using Meta Pay.
3. By using Meta Pay on your Store, you are agreeing to be bound by the Meta Pay Merchant Terms and Conditions, as they may be amended by Meta from time to time.

2.8 Amazon Pay

1. Upon completion of sign up for the Service, if you have been enrolled in iStores Payments and you have enabled Amazon Pay within your iStores Admin, iStores will also create an Amazon Pay account on your behalf. If you do not wish to keep your Amazon Pay account active, it is your responsibility to deactivate it. Amazon Pay is a Third Party Service as defined in Section 9.9.
2. If you use an Amazon Pay supported payment gateway and your customers have enabled Amazon Pay, customers may purchase goods and services from your Store using Amazon Pay.
3. By using Amazon Pay on your Store, you are agreeing to be bound by the Amazon Payments Customer Agreement, as it may be amended by Amazon from time to time.

2.9 Domain Names

Upon purchasing a domain name through iStores, domain registration will be preset to automatically renew each year so long as your iStores Account remains active, unless you do not have a valid payment method associated with your Account. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. iStores Rights

1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
2. It is in iStores' sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our Acceptable Use Policy or these Terms of Service.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any iStores employee, member, or officer will result in immediate Account termination.
4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that iStores employees and contractors may also be iStores customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.
6. iStores reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, iStores reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

4. Your Responsibilities

1. You acknowledge and agree to provide public-facing contact information, terms of service, a refund policy, and shipping policies (including order fulfilment timelines) on your iStores Store. Public-facing contact information should include your name, address, telephone number, and email address. You should inform your customers if you use a third-party supplier.
2. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly and only between you and the customer. You are the seller or merchant of record for all sales through the Services.
3. You represent and warrant that you will comply with all applicable laws, rules, regulations, and rights of third parties in your use of any of the Service and your performance of obligations under the Terms of Service.
4. The API Terms govern your access to and use of the iStores API. You are solely responsible for the activity that occurs using your API Credentials and for keeping your API Credentials secure.
5. You agree to use iStores Checkout for any sales associated with your online store. "iStores Checkout" means iStores' checkout experience that allows customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order.

5. Payment of Fees and Taxes

1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services ("Subscription Fees") and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than iStores Payments ("Transaction Fees"), and any fees relating to your purchase or use of any products or services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".
2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Unless otherwise indicated, all Fees and other charges are in Indian Rupees, and all payments will be in Indian currency.
3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged from time to time at iStores' discretion.
4. If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services.
5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of iStores' products and services.
7. For the avoidance of doubt, all sums payable by you to iStores under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever.
8. You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your iStores Store or your use of the Services.
9. You must maintain an accurate location in the administrative console of your iStores Store. If you change jurisdictions you must promptly update your location in the administrative console.
10. iStores does not provide refunds.

6. Confidentiality

1. "Confidential Information" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.
2. Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain at the time of disclosure; (B) is independently developed by the receiving party without use of or reference to the other party's Confidential Information; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability and Indemnification

1. You expressly understand and agree that, to the extent permitted by applicable laws, iStores and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, iStores partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of these Terms of Service; (b) your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer.
3. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
4. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
5. iStores does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
6. iStores does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
7. iStores is not responsible for any of your tax obligations or liabilities related to the use of iStores' Services.
8. iStores does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

8. Intellectual Property and Your Materials

8.1 Your Materials

1. We do not take ownership of the Materials that you provide to iStores; however, we do require a license to your Materials. You hereby grant iStores a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public, broadcast, reproduce, make available, display, and translate, and create derivative works of your Materials.
2. You irrevocably waive any and all moral rights you may have in the Materials in favour of iStores and agree that this waiver may be invoked by anyone who obtains rights in the materials through iStores.
3. If you owned the Materials before providing them to iStores then, despite uploading them to your iStores Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your iStores Store at any time by deleting your Account.
4. You agree that iStores can, at any time, review and delete any or all of the Materials submitted to the Services, although iStores is not obligated to do so.
5. You grant iStores a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store ("Your Trademarks") to operate, provide, and promote the Services.

8.2 iStores Intellectual Property

1. You agree that you may not use any trademarks, logos, or service marks of iStores, whether registered or unregistered, including but not limited to the word mark ISTORES and associated design marks ("iStores Trademarks") unless you are authorized to do so by iStores in writing.
2. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names that use or include iStores or iStores Trademarks.
3. You acknowledge and agree that the Terms of Service do not give you any right to implement iStores patents.

9. Additional Services

9.1 Scope

1. iStores may make available certain services, products, applications and tools, in addition to the Services, including but not limited to, iStores Payments, iStores Capital, iStores Shipping, point-of-sale (POS) services and equipment, and the services outlined in this Section 9 (collectively, "Additional Services").

9.2 Enhanced Services

1. Certain Additional Services help protect, grow, and improve your business and the businesses of other iStores merchants through enhanced features that incorporate data and information from customer interactions with Your Store, with other Merchants, and with iStores (the "Enhanced Services"). You may disable the setting that powers Enhanced Services ("iStores Network Intelligence") in your privacy settings.
2. To provide the Enhanced Services, iStores can use Personal Data from your customers' interactions and transactions with Your Store, with other Merchants, and with iStores.
3. You agree, represent, and warrant that if you receive Enhanced Services from iStores, you will comply with all requirements that apply to your customer Personal Data under Applicable Data Protection Law.
4. If you receive Enhanced Services, you are required to include a link to iStores' Consumer Privacy Policy in your privacy policy, and to post a link to your privacy policy prominently in your Store.

9.3 POS Services

1. The POS Services include the iStores POS software ("POS Software"), programs, documentation, apps, tools, internet-based services and components, iStores' POS hardware ("POS Equipment") and any updates thereto provided to you by iStores.
2. Access to and use of the POS Services requires that you have an active and valid Account.
3. If your POS Services are enabled with iStores Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must be the same as that used for your Online Services, if applicable.
4. You can terminate your POS Services without terminating your Account or any other Services you subscribe to.
5. While the POS Services use encryption technology, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
6. POS Equipment is purchased, and not leased. Returns and refunds are not available for Chip & Swipe Readers, Swipe (Audio Jack) and physical gift cards purchased from the iStores Hardware Store.

9.4 iStores Shipping

You can purchase shipping labels from within your iStores administrative console ("iStores Shipping") for delivery of goods purchased from you. Your use of iStores Shipping is subject to the iStores Shipping Terms of Service.

9.5 SMS Messaging

The Services allow you to send certain communications to your customers by short message service (SMS) messaging, including order confirmation and marketing messages (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service and the laws of the jurisdiction from which you send messages and in which your messages are received.

9.6 Theme Store

1. You may establish the appearance of your iStores Store with a design template from iStores' Theme Store (a "Theme"). If you download a Theme, you are licensed to use it for a single Store only. You are not permitted to transfer or sell a Theme to any other person's Store on iStores or elsewhere.
2. You may modify the Theme to suit your Store. iStores may add or modify the footer in a Theme that refers to iStores at its discretion.
3. The intellectual property rights of the Theme remain the property of the designer. Technical support for a Theme is the responsibility of the designer.

9.7 iStores Email

1. You may generate or send email from your Account using the iStores email services (the "Email Services").
2. iStores employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery ("Content Scanning"). By using the Email Services, you explicitly grant iStores the right to employ such Content Scanning.
3. Your use of the Email Services must comply with all applicable laws, including laws relating to spam or unsolicited commercial email, privacy, security, obscenity, defamation, intellectual property, and other applicable laws.
4. Your use of the Email Services must follow all applicable guidelines established by iStores, including requirements around permission-based email lists, functional unsubscribe links, privacy policy links, and accurate sender information.

9.8 iStores Shop Channel

1. The iStores Shop channel is a sales channel available to Eligible Merchants to engage with customers. Customers' use of the Shop channel is subject to iStores' Consumer Terms of Service and Consumer Privacy Policy.
2. Your use of the Shop channel is deemed to be a part of the Services, and all terms applicable to the Services apply. iStores reserves the right to refuse a Merchant access to or use of all or part of the Shop channel for any reason and at any time without prior notice.
3. We may display your Materials, including product or service listings, Your Trademarks and any other content, data, or information from your iStores Store in the Shop channel.
4. Your Materials and your use of the Shop channel must comply at all times with iStores' Merchant Guidelines, these Terms of Service, all applicable policies and guidelines, and applicable law.
5. If you do not wish for your Materials to be available in the Shop channel, it is your responsibility to manage or deactivate this Service.

9.9 Third Party Services and Third Party Partners

1. iStores may provide you with access to or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider").
2. Your use of Third Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions between you and the Third Party Providers.
3. We do not provide any warranties or make representations to you with respect to Third Party Services or Third Party Providers.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to share on your behalf, or allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services.
5. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy and Google Privacy Policy.
6. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and iStores is not obligated to intervene in any dispute arising between you and a Third Party Provider.
7. Under no circumstances will iStores be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider.
8. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, iStores partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

9.10 Beta Services

From time to time, iStores may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants ("Beta Services"). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions. iStores makes no representations or warranties that the Beta Services will function. iStores may discontinue the Beta Services at any time in its sole discretion. iStores will have no liability for any harm or damage arising out of or in connection with a Beta Service.

9.11 iStores Pixel Manager

1. In addition to the terms applicable to your use of the Services generally, the following terms apply to your access to and use of the iStores Pixel Manager: (a) You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track; (b) You will obtain all necessary rights and consents prior to providing iStores with any personally identifiable data collected using pixels; (c) You agree that iStores may disable any pixels that iStores identifies as malicious, in iStores' sole discretion; and (d) You will not use pixels to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity.
2. iStores may collect information associated with the iStores Pixel Manager to improve, maintain, protect and develop the iStores Pixel Manager.

9.12 Gift Cards Services

If you sell gift cards or issue store credit, your use is subject to the iStores Gift Card & Store Credit Service Terms.

9.13 iStores Checkout Extensibility

1. iStores allows you to use extensions to customize your checkout ("iStores Checkout Extensibility"). In addition to the terms applicable to your use of the Services generally, the following terms apply: (a) You are responsible for your selection and use of extensions, and will comply with all applicable laws and obtain all necessary consents; (b) You will obtain all necessary rights and consents prior to providing iStores with any data collected using extensions; (c) You agree that iStores may disable any extensions that iStores identifies as contravening these Terms of Service; and (d) You will not use extensions to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity.
2. iStores may collect information associated with iStores Checkout Extensibility in accordance with the Privacy Policy.

10. Feedback and Reviews

iStores welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to iStores be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to iStores (whether submitted directly to iStores or posted on any iStores hosted forum or page), you waive any and all rights in the Feedback and that iStores is free to implement and use the Feedback if desired, as provided by you or as modified by iStores, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to iStores must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.

11. Intellectual Property Infringement

iStores respects the valid intellectual property rights of others and we expect Merchants to do the same. Posting content that constitutes an infringement of others' legal rights violates our Acceptable Use Policy and the content can be removed and/or your Store may be terminated at our discretion. If you believe content on our platform infringes your intellectual property rights, you can report it through our Help Center.

12. Privacy and Data Protection

1. iStores is firmly committed to protecting the privacy of your personal information and the personal information of your customers.
2. iStores' collection, use, disclosure and processing of Your Customer Personal Data (as defined in the Data Processing Addendum) is subject to these Terms, our Data Processing Addendum, and our Consumer Privacy Policy.
3. iStores' collection, use, disclosure and processing of your personal information is governed by our Merchant Privacy Policy.
4. iStores complies with applicable Payment Card Industry Data Security Standards ("PCI DSS") in its provision of the Services to you.

13. iStores Contracting Party

1. If the billing address of your Store is located in India, the "iStores Contracting Party" means iStores Technologies Private Limited, a company incorporated under the Companies Act, 2013, with its registered office located in India. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of India with respect to any dispute or claim arising out of or in connection with the Terms of Service.
2. If the billing address of your Store is located in the Asia Pacific region (including Australia, New Zealand, China, Japan, Singapore), the "iStores Contracting Party" means iStores Commerce Singapore Pte. Ltd., a corporation formed under the laws of Singapore. The parties irrevocably agree that the courts of Singapore are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Terms of Service.
3. If the billing address of your Store is located in EMEA or other jurisdictions, the "iStores Contracting Party" means iStores International Limited, a private company incorporated in Ireland. You irrevocably and unconditionally agree to submit to the jurisdiction of Irish courts.

14. Term and Termination

1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the "Term").
2. You may cancel your Account and terminate the Terms of Service at any time by contacting iStores Support and then following the specific instructions indicated to you in iStores' response.
3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you have engaged in fraudulent activity in connection with the use of the Services.
4. Upon termination of the Services by either party for any reason: (a) iStores will cease providing you with the Services and you will no longer be able to access your Account; (b) unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; (c) any outstanding balance owed to iStores for your use of the Services through the effective date of such termination will immediately become due and payable in full; and (d) your iStores Store will be taken offline.
5. If you purchased a domain name through iStores, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
6. If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

15. Modifications

1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the iStores administrative console, or by similar means. Your continued access to or use of the Services after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended.
2. iStores may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the iStores administrative console, or by similar means.

16. General Conditions

1. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and iStores and govern your use of the Services and your Account, superseding any prior agreements between you and iStores.
2. The failure of iStores to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law.
3. Save for iStores and its affiliates, you or anyone accessing iStores Services pursuant to these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service.
4. The Terms of Service will be governed by and interpreted in accordance with the laws of India applicable therein, without regard to principles of conflicts of laws.
5. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and iStores' Terms of Service available in another language, the most current English version of the Terms of Service will prevail.
6. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. iStores will be permitted to assign these Terms of Service without notice to you or consent from you.
7. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision of the Terms of Service.
8. On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1, 5, 6, 7, 8.1, 9.9, 10, 12, 13, 14, 15(1), and 16 will survive the termination or expiration of these Terms of Service.