P R O V E W A Y

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Terms & Conditions

By installing the Shopify app Paypal Uptrack, “Uptrack” or “the App” and using the service of submitting shipment information to PayPal (“the Service”) provided by Proveway.com, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

You can review the current version of the Terms of Service at any time at https://proveway.com/terms & conditions. Proveway reserves the right to update and change the Terms of Service by posting updates and changes to the Proveway website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Proveway’s Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”) before you may install the App.

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 Uptrack or any Proveway services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may install the App and use the Service.

  1. To access and use the Service, you must install the App and configure a limited access PayPal “LIVE” API keys.
  2. You acknowledge that Proveway will use the email address you provide to Shopify as the primary method for communication.
  3. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Proveway will result in an immediate termination of your services.
  4. Technical support is only provided to paying Account holders and is only available via email.
  5. You acknowledge and agree that Proveway may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Proveway website, available at https:/Proveway.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Proveway ’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  6. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of India. You will comply with all applicable laws, rules, and regulations in your use of the Service.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App or Service, use of the App or Service, or access to the App or Service without the express written permission by Proveway.
  8. Questions about the Terms of Service should be sent to [email protected].
  9. You are responsible for tracking information that is available in Shopify, including the carrier name and the tracking number (“Materials”).  Uptrack will directly submit the carrier name according to the Shopify order page listening, Uptrack does not check for valid carrier names so it does not guarantee that all carrier submitted by “you to us” will be considered valid by PayPal.
  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.
  11. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Proveway, is governed by its privacy policy at https://Proveway.com/legal/privacy

WHICH MEANS

If a dispute arises the issue will be dealt with in India. We need accurate information to submit to PayPal. If you don’t have a valid carrier name, we’ll never try to identify rather submit the carrier name listed when you fulfilled the order. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.

2. Proveway Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Proveway customer, Proveway 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 in any particular market segment.

WHICH MEANS

We can modify, cancel or refuse the service at any time.

3. Limitation of Liability

  1. You expressly understand and agree that Proveway shall 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 resulting from the use of or inability to use the service.
  2. In no event shall Proveway be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Service or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Proveway 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 your breach of these Terms of Service, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Proveway does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Proveway does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Proveway does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.

4. Waiver and Complete Agreement

The failure of Proveway to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Proveway and govern your use of the Service, superseding any prior agreements between you and Proveway (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Proveway chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Proveway don’t apply if they conflict with these terms.

5. Payment of Fees

  1. Our Service is based on monthly based subscription with certain Fair Usage Policy (FUP) limit on Shipment Information Sync. Merchants need to subscribe to the service plan which meets their needs and pay a monthly fee.
  2. The billing is handled by Shopify. If you subscribe, they will bill the credit card associated with your Shopify store immediately (and the charges will be available on your Shopify invoice as well).
  3. Within the App, you have access to complete details regarding the amount of tracking information submitted by us and your charges, within the “Balance” section.
  4. If Shopify is not able to process the payment of Fees, we cannot charge your account and submission of tracking info will be paused for at least 24 hours, when we will try charging your account again. Proveway reserves the right to terminate the Service provided to you.
  5. Proveway Uptrack subscriptions are not refundable.

WHICH MEANS

You select the plan according to your business need. You pay monthly based on plan you select. The order limit FUP renews every month. We do not offer refunds if you have utilized the service.

6. Cancellation and Termination

  1. You may cancel the Service by uninstalling the App.
  2. Upon termination of the Services by either party for any reason, Proveway will cease providing you with the Service and you will no longer be able to access your Account within the app;
  3. We reserve the right to modify or terminate the Proveway Service for any reason, without notice at any time.

WHICH MEANS

To initiate a cancellation, uninstall the App. We may cancel the Service at any time.

7. Modifications to the Service and Prices

  1. Prices for using the Service are subject to change upon 7 days’ notice from Proveway. Such notice may be provided at any time by posting the changes to the Proveway Site (Proveway.com) or the administration menu of your Proveway store via an announcement.
  2. Proveway reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Proveway shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at any time, without liability.

8. Privacy & Data Protection

Proveway is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Proveway collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Proveway’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.