Terms and Conditions

Please read the following Terms and Conditions carefully before using any products or services on www.magestore.com. By purchasing, installing or using products or services from Magestore, we assume that Customers read and agree to all the terms of this policy.

Magestore is the copyright holder of all softwares sold on this site. The copying, redistribution, use or publication of any products without Magestore’s permission, is strictly prohibited. You are not allowed to use any part of our code in a whole or as part of any other software or product or website.

2. Product license

2.1. Grant of product license

By purchasing a product of Magestore:

  • The customer may receive the source code upon reasonable request.
  • The customer will obtain a license certificate which will remain valid until the customer stops using the product; or until Magestore terminates this license because of the customer’s failure to comply with any of its terms and conditions. Each license certificate is valid for one live Magento installation only and one testing/development environment (both running the same setup). Any planned changes to the environment should be noted beforehand to avoid unexpected additional license costs.
  • The Customer is allowed to customize our products to fit with their using purpose.

Note: Please be noted that Magestore will not be responsible for any issues incurred from customer’s modifying the source code, customizing by themselves, or from another party not stated as a stakeholder in this project beforehand.

2.2. Description of other rights and limitations

(a) Installation and Use

For each additional or new software installation, the customer is obliged to purchase a separate license.

The customer must not take any part of the code and use it within another software or product. The source code is provided for the sole purpose of customizing the product. Reusing any parts of the code may result in blacklisting and no possible future purchases or updates from Magestore.

The Customer is legally bound to preserve the copyright information intact including the text/link at the bottom.

(b) Distribution

The Customer is not allowed to distribute Magestore software to third parties. Any distribution without our permission, including non-commercial distribution, is considered as a violation of this Agreement and entails liability, according to the current law. The Customer may not place the Software onto a server that allows access to the Software via a public network or the Internet for distribution purposes.

(c) Rental

The Customer may not give, sell, sub-license, rent, lease or lend any portion of the Software to anyone.

Compliance with Applicable Laws

The Customer must comply with all applicable laws regarding the use of software products. Magestore software and a portion of it are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Accordingly, the Customer is required to treat the software like any other copyrighted material. Any activity violating copyright law will be prosecuted according to the current law. We retain the right to revoke the license of any user holding an invalid license.

2.3. Termination

Without prejudice to any other rights, Magestore may terminate this License at any time if the Customer fails to comply with the terms and conditions of this License. In such event, it constitutes a breach of the agreement. The license to use the program is revoked and you must delete all copies of Magestore products in your possession.

If the customer continues using Magestore software after the termination of their license, the customer accepts that this may result in legal consequences to prevent its further use. The customer will have to pay all costs (including but not limited to reasonable attorney fees) to enforce our revocation of the license and for any damages suffered by us due to the misuse of our software.

In case of license termination, Magestore is not bound to return the customer the amount spent for purchase of the software.

2.4. Limitation of liability

In no event shall Magestore be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users use of or inability to use the Magestore products, even if Magestore has been advised of the possibility of such damages.

In no event will Magestore be liable for prosecution arising from the use of the Software against the law or for any illegal use.

2.5. Product line

Magestore offers multiple product lines depending on the Magento version being used.

Updates within a product line are covered by our update guarantee. Updates of the Magento version by the customer might result in a necessary upgrade or switch to another product line of Magestore’s product and should be discussed with Magestore beforehand.

Please refer to section Product upgrade  for further information on product upgrades.

3. Product update

Magestore offers Free Future Updates for our customers. That means the customer can download new features for their purchased package without extra free, when there are new changes/updates to that product line. However, if the customer requests an implementation or other customization services for the newly-updated package, we will charge an installation and/or extra customization fee.

The update depends on the company’s policy on product sales, and update, which means the future updates might be restricted to company’s decision of terminating the product selling.

Please note that Magestore updates are independent from Magento updates.

That means a Magento Update can result in a Magestore Product Upgrade.

4. Product upgrade

  • While an update involves making small changes like bug fixes or security patches, an upgrade mostly includes a set of significant and substantial changes.
    The upgrade is a process of replacing your product with a newer version of the same product or product line. It is more complicated and involves more working hours because of the amount of data that needs to be replaced.
  • Updates are always free as they are not distinct software but are only meant to modify a pre-existing installation. On the other hand, upgrades are distinct and do not need the older software to function. The Customer can expect to pay full price for the upgrade, though some discount might be offered for those who own the older version.

To receive important updates or promotions, follow our blog for the updated information.

5. Customizations

During the customization process, the customer needs to ensure a constant access for Magestore and provides the requested credentials upon request.

If the customer refuses to provide access to the sites or denies sharing credentials, Magestore will develop the customization locally and deliver a package of the solution and the customization. In this case support is limited and Magestore does not take responsibility for any issues due to the lack of site information (other customizations, extension conflicts, etc.).

For each customization delivery, the customer is asked to provide confirmation. If there is no reply within 30 days, Magestore considers the customization to be done. Any further adjustment requirements afterwards might be considered as a separate customization.

6. Support

The purchase of a Magestore product includes one year support service free of charge. This service starts counting from the day of the purchase. If additional support is wished after one year (irrespective if the solution was used within this time or not) the customer is required to purchase an extension of the support. Exceptions may apply if the reason the solution couldn’t be used is Magestore’s fault. The fee for support extension will be based on the purchased product and communicated with the customer.

There are occasions when Magestore needs to rebuild their products due to major updates in Magento. In this case the product might not receive any further updates. If the customer wishes to receive future updates, he or she can consider moving to the new product line.

The price to move to another product is not fixed in this case, and depends on previous purchases and customizations.

6.1. Scope of support service

Magestore commits to making all reasonable efforts to remedy any bug of the software submitted by the customer through the appropriate channel (typically, Magestore Ticket system or support email) or Help Center with respect to the use of the standard features of the Software and Services (functionalities, intended use, configuration, troubleshooting).

A bug is considered any failure of the Software that results in a complete stop, error traceback or security breach, and is not directly caused by a defective installation or configuration. Non-compliance with specifications or requirements will be considered as bugs at the discretion of Magestore, typically, when the Software does not produce the results or performance it was designed to produce by Magestore, which is fully demonstrated in Magestore demo environments.

The Customer understands that bugs caused by a modification or extension made by the Customer that is not part of the official Software will not be covered by this service.

As soon as the bug is fixed an appropriate remedy will be communicated to the Customer.

If the bug has been addressed in a more recent revision of the Covered Version of the Product Line used by the Customer, the Customer agrees to update its systems to that revision in order to obtain the correction.

Other assistance requests, such as additional questions related to development, customizations or services requiring to access the Customer’s database including upgrading, may be covered through the purchase of a separate Service Pack. In case it’s not clear if a request is covered by this Agreement or a Service Pack, the decision is at the discretion of Magestore.

To ask for support or report bugs, please submit a ticket to our Support system. The ticket request will be responded within 24h since it’s submitted and the expected timeline (resolution time) will be updated in the response. Please understand that tickets arriving during the weekend will be processed when we’re back to work on the following Monday (GMT+7).

Tickets that don’t receive any more replies by the customer will be automatically closed after 30 days.

6.2. Warranties

For the duration of this Agreement, Magestore commits to using commercially reasonable efforts to execute the Services in accordance with the generally accepted industry standards provided that:

  • The Customer’s computing systems are in good operational order and the Software is installed in a suitable operating environment.
  • The Customer provides adequate troubleshooting information and any access that Magestore may need to identify, reproduce and address problems;
  • All amounts due to Magestore have been paid.

The Customer’s sole and exclusive remedy and Magestore’s only obligation for any breach of this warranty are for Magestore to resume the execution of the Services at no additional charge.

Magestore collects information to provide better services and insights for our clients.

We collect the total orders created from our product (only the number of orders, no information from the order itself is collected) once per day. This is to make sure that the product is running properly and detect possible issues early on.

We only collect this information if you agree for us to do so and process it with your consent. We don’t provide or sell any of this information to third parties and only use it as stated in our Privacy Statement.

Magestore provides the possibility for you to access, alter, or delete your profile information. You can also contact our support for more help.

We take all measures reasonably necessary to protect the confidentiality, integrity, and availability of your information on Magestore.

8. Employment

The customer agrees not to solicit or offer employment to any employee of the other party who is involved in performing or using the services under this Agreement.

9. Return and exchange

At Magestore, we want you to be completely satisfied with your purchase. If the Customer is not satisfied with your order, the Customer has two options for return or exchange.

  • Return: As Magestore’s products are downloadable, the Customer can request to return our products and get a full refund within the restricted refund period and conditions as mentioned in the section Cancellation and Refund.
  • Exchange: After purchase, the Customer may request to exchange their purchased product for another product of equivalent or higher value. If the Customer wants to exchange the product for another of higher value, the Customer needs to pay the difference in price. Please submit an exchange request to our Support system. After we finish the evaluation of your request, agree upon the exchange and the Customer has made the essential payment (if needed), the product will be added to your Magestore account for downloading under My Downloadable Products section.

10. Cancellation and refund

The Customer may cancel their use of Magestore products anytime, and the cancellation is effective immediately. The Customer can request for a full refund within the restricted refund period and condition as below:

Magestore offers:

  • Product/license refund:
    365-day money back guarantee for the product since the date of purchase (excluding customization services).
    Please see below (10.1 and 10.2) for more details on refundable cases.
  • Customization refund:
    Customizations that are agreed on between the client and Magestore are generally excluded from refunds.
    There may be exceptions where Magestore fails to deliver on the agreed solution. However, due to the varied nature, these exceptions will be discussed and handled case by case.

10.1. Refundable cases

Customers can request for refund in the following cases:

  • Conflict with other tools/extension Magestore knew of beforehand
  • Late delivery
  • Serious bugs which can’t be fixed or customized
  • Delivery is different than agreed upon by both parties

10.2. Non-refundable cases

Refunds are not allowed for the following cases:

  • Predictable and unpredictable changes of business that do not require to have Magestore POS solution as planned before
  • Unmet requirements that were not shared and defined clearly with Magestore beforehand
  • The product was only purchased for testing purposes
  • Refusing reasonable customization

To request refund, please submit a ticket with your order information to our ticket system.

11. Product delivery

After finishing payment, you can download your purchased product(s) by logging into your account at Magestore and going to My Downloadable Products. A confirmation email is also sent to your registered email address. We bear no responsibilities should you give wrong personal information and email address, which leads to no receipt of confirmation email. Hence, please ensure you have checked these information carefully before proceeding with payment.

Our responsibility in product delivery is considered complete after the downloadable package of you purchased product presents in your Magestore account. If you have any enquiry or request for assistance regarding to product delivery, please send to our ticket system. Please refer to Section Support for more information regarding support after purchase.

The confirmation email may arrive in your Spam or Promotion box. Hence, please check them before contacting us.

12. Disclaimers

Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.

Magestore does not warrant that the Software complies with any local or international law or regulations.

13. Force Majeure

Neither party shall be liable to the other party for the delay in any performance or failure to render any performance under this Agreement when such failure or delay is caused by governmental regulations, fire, strike, war, flood, accident, epidemic, embargo, appropriation of plant or product in whole or in part by any government or public authority, or any other cause or causes, whether of like or different nature, beyond the reasonable control of such party as long as such cause or causes exist.

14. Governing law

This Agreement shall be governed by the laws of Vietnam. Any dispute arises out of or in connection with this Agreement, without regard to choice or conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereinabove, the parties agree to submit to the sole jurisdiction of the Hanoi court (Vietnam) for the purpose of litigating all disputes.

15. Policy changes and updates

Please note that this policy may change. Magestore reserves the right to add, remove, change and/or modify this policy at any time. The changes will be updated on this page and, if the changes are significant, we will provide a more prominent notice.

Last update: May 26th, 2020

Should you have any further enquiries, please contact us for assistance.

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