Terms of service
The Tyeso e-commerce store consists of numerous applications published by Tyeso, including but not limited to the content posted on all Tyeso pages (“Services”). Tyeso’s e-commerce store is offered to you on the terms and conditions set forth below. Your use of the Tyeso e-commerce store constitutes your agreement to all such terms, conditions, and notices without modification of any kind. As a condition of your use of the Tyeso e-commerce store, you warrant that you will not use the Tyeso e-commerce store for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Tyeso e-commerce store in any manner, which could damage, disable, overburden, or impair the Tyeso e-commerce store or interfere with any other party’s use and enjoyment of the Tyeso e-commerce store.
1. INTRODUCTION
1.1 Welcome to the Tyeso e-commerce store (the “Store”). Please read the following Terms of Service carefully before using this Store or opening a Tyeso account (“Account”) so that you are aware of your legal rights and obligations with respect to Tyeso and its affiliates and subsidiaries (individually and collectively, “Tyeso”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Store, (b) the services provided by the Store and by Tyeso client software made available through the Store, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Store or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Tyeso.
1.2 The Services include an e-commerce service that provides the sale of goods directly to the buyer (“Buyer”) by Tyeso (collectively “you” or “Users”). The actual contract for sale is directly between Tyeso and the Buyer, and Tyeso is responsible for the sale of goods, warranty of purchase, and the fulfillment of orders. Tyeso reserves the right to remove any Content or information posted by you on the Store in accordance to Section 6.4 herein.
1.3 Before becoming a User of the Store, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Tyeso Privacy Policy linked hereto.
1.4 Tyeso reserves the right to change, modify, suspend or discontinue all or any part of this Store or the Services at any time or upon notice as required by local laws. Tyeso may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Tyeso may also impose limits on certain features or restrict your access to parts of, or the entire, Store or Services in its sole discretion and without notice or liability.
1.5 Tyeso reserves the right to refuse to provide you access to the Store or Services or to allow you to open an Account for any reason.
BY USING TYESO SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE STORE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at Tyeso. To better protect your rights we have provided the Tyeso’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Tyeso collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Store, you:
(i) consent to Tyeso’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Tyeso; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Tyeso’s prior written consent.
3. LIMITED LICENSE
3.1 Tyeso grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Store are the property of Tyeso and where applicable, third party proprietors identified in the Store. No right or licence is granted directly or indirectly to any party accessing the Store to use or reproduce any Intellectual Property, and no party accessing the Store shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Store and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Store or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Store on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Store from your website, provided that your website does not imply any endorsement by or association with Tyeso. You acknowledge that Tyeso may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. SOFTWARE
4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Tyeso reserves all rights to the software not expressly granted by Tyeso hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Tyeso.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Tyeso, in its sole discretion, finds offensive or inappropriate, Tyeso has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Tyeso has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Store, (c) immediately notify Tyeso of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Tyeso will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Tyeso may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Store any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Tyeso deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) credit/discount abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of credits/discounts on the Store), or (f) behaviour that is harmful to other Users, third parties, or the business interests of Tyeso. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Tyeso may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Tyeso in writing (including via email at [Insert Tyeso Contact Email Here]) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Tyeso after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Tyeso shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Tyeso.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
(Content of 6.1 and 6.2 remains largely the same, with "Tyeso" and the removal of the marketplace-specific prohibited activities mentioned in the thought block.)
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Tyeso, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Store. You understand that by using the Store, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Tyeso be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Store.
6.4 You acknowledge that Tyeso and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Store without any liability to you. Without limiting the foregoing, Tyeso and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the extent permitted by applicable law, cannot rely on Tyeso to create or operate Content.
(The remaining boilerplate sections have been updated to reflect the company name Tyeso)
Tyeso disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Advice received via the Tyeso e-commerce store should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice that pertains to your situation.
To the maximum extent permitted by applicable law, in no event shall Tyeso be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Tyeso e-commerce store, with the delay or inability to use the Tyeso e-commerce store or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Tyeso e-commerce store, or otherwise arising out of the use of the Tyeso e-commerce store, whether based on contract, tort, negligence, strict liability or otherwise, even if Tyeso has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Tyeso e-commerce store, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Tyeso e-commerce store.
E. Termination/Access Restriction
Tyeso reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Tyeso e-commerce store and the related services or any portion thereof at any time, without notice. Use of the Tyeso e-commerce store is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
F. Perpetuity Rights
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Tyeso have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
G. Copyright and Trademark Notices
All contents of the Tyeso e-commerce store are: Copyright 2024 by Tyeso and/or its suppliers. All rights reserved.
I. Copyright Notice
The contents of all material available on the store are copyrighted by Tyeso unless otherwise indicated. All rights are reserved by Tyeso; the content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Tyeso.
J. General Legal Terms
The Terms constitute the whole legal agreement between you and Tyeso and govern your use of the Services (but excluding any services which Tyeso may provide to you under a separate written agreement), and completely replace any prior agreements between you and Tyeso in relation to the Services.
You agree that Tyeso may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You agree that if Tyeso does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Tyeso has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tyeso’s rights and that those rights or remedies will still be available to Tyeso.
