ShopBot Documentation

# ShopBot Terms of Use

These Terms govern the use of this Website, the ShopBot Discord Bot, and, any other related Agreement or legal relationship with the Owner in a legally binding way.

The User must read this document carefully.

This Website is provided by the Owner:

ZARBIUM 17Q rue Fernand Pelloutier 92100 Boulogne-Billancourt France

Owner contact email: [email protected]

"This Website" refers to

  • This website, including its subdomains and any other website through which the Owner makes its Service available;
  • The Application Program Interfaces (API);
  • The Service;

"ShopBot Bot" refers to the ShopBot Discord BOT that can be added on Discord servers.

"User" refers to any user of the ShopBot Website and ShopBot Bot. The User may be a buyer or seller of a product.

# What the User should know at a glance

  • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

  • This Website uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

  • The ShopBot Bot takes 5.5% of fees for each sale he makes (+0.15€ for stripe and +0.45€ for Paypal). If the User has an activate ShopBot Premium subscription, the fees will be reduced to 1.9% for Stripe Payments ONLY (+0.15€ for stripe and +0.45€ for Paypal).

# TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

There are no restrictions for Users in terms of being Consumers or Business Users.

# Account registration

To use the Service, Users use the Service without registering or creating a User account. Users need to have a Discord Account to use this website and the ShopBot Bot.

By registering, Users agree to be fully responsible for all activities that occur under their Discord Account. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

# Account termination

Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document. However, termination of the account will not be possible if the User has some unclaimed items that he sold (the buying button will be disabled for all of his products). A User can also delete all of his data by going on the dashboard, profile section and delete his profile. If the User has an active subscription, his data will be deleted at the end of it and the subscription will be automatically canceled.

# Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

# Products suspention and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User products which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User products shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of products due to causes attributabled to the User does not exempt the User from paying any applicable fees or prices.

# Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

# Rights regarding content on this Website - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

# Content provided by Users

The Owner allows Users to upload, share or provide their own content to this Website.

By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

# Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.

Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.

# Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Website or with the ShopBot Bot. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Website or the ShopBot Bot:

  • if any complaint based on such content is received;
  • if the user uses any type of glitch/flaw to illegaly gain access to subscription locked features;
  • if a notice of infringement of intellectual property rights is received;
  • upon order of a public authority; or
  • where the Owner is made aware that the content, while being accessible via this Website or the ShopBot Bot, may represent a risk for Users, third parties and/or the availability of the Service.
  • The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
  • Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website or the ShopBot Bot.

# Access to external resources

Through this Website or the ShopBot Bot Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

# Acceptable use

This Website, the ShopBot Bot and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service and/or the ShopBot Bot violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service or the ShopBot Bot, terminating contracts, reporting any misconduct performed through this Website or the Service or the ShopBot Bot to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

-violate laws, regulations and/or these Terms; -infringe any third-party rights; -considerably impair the Owner’s legitimate interests; -offend the Owner or any third party.

# Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Website and the ShopBot Bot are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

# TERMS AND CONDITIONS OF SALE

# ShopBot subscriptions

Some of the Products provided on this Website, as part of the Service, are provided on the basis of recurring payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

To purchase Products, the User must register or log into this Website. Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Website are displayed:

.including all applicable fees, taxes and costs;

# Product description

Prices, descriptions or availability of Products are provided by the product seller in which maner he considers appropriate. This Website and the ShopBot Bot are not actively moderating product information.

The title of the chosen Product will be outlined during the purchasing process.

# Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

  • USers (in this case, buyers of a product) must click two times on the buy button under the product message.
  • A checkout link is generated to track the order status depending on the payment provider.
  • Once the Users click on it, they automatically accept the Terms and Conditions and the limitation of liability of this website and of the ShopBot Bot.
  • During the checkout, process will need to confirm the order.
  • Once confirmed, the Users can't go back on their choices.
  • If the payment was successfull, the Users may claim their products directly on Discord.

This website, the ShopBot Bot or any services provider by ShopBot are not responsible for any problem during checkout or for a product that does not correspond to its description.

# Order claiming

When a User wants to claim a product, he may need to input confidential information that will not be stored by ShopBot and will only be used once.

# Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

# Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner. if a retention is recieved it will be automatically declined.

# Contract duration

# Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner. If a subscription renewal is failed, the data that the subscription was providing will be deleted after 2 weeks of retries and the subscription will be canceled.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions. The Owner can at any moment cancel a subscription without issuing a refund and without giving any explanation about the subscription interruption.

Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or this Website.

The renewed subscription will last for a period equal to the original term.

# Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Website.

# Termination notice

If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

# User rights

# Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

If the User (in this case, the Buyer) wants to withdraw, he will need to contact the product owner directly. This Website and the ShopBot Bot cannot be taken as responsible for any withdraw denial from the product owner. If the User claims his product, he will not be able to benefit from the rights described in this section.

Users that do not fit this qualification cannot benefit from the rights described in this section.

# Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts:

for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that their right of withdrawal is thereby lost; for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed.

# Common provisions

# No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

# Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

# Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

# Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

# Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

# Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

# Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

# Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

# Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

# US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

# EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

# Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

# Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

# Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

# Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

# Dispute resolution

# Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

# Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link (opens new window).

Last Update: 11 Jully 2022

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