Terms of Service

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Terms of Service

Last updated on: October 10th, 2016

By signing up for the TurnkeyMaster service (“Service”) or any of the services of Turnkey Master (Hong Kong) Co., Ltd. (“TurnkeyMaster”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by TurnkeyMaster under the Terms of Service include various products and services to help you create and manage a retail online store (“Store”) in your own domain name, and providing dropshipping service to your customers.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and TurnkeyMaster’s Privacy Policy before you may become a TurnkeyMaster user.

 

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

  2. To access and use the Services, you must register for a TurnkeyMaster account (“Account”) by providing your full legal name, phone number, a valid email address, and any other information indicated as required. TurnkeyMaster may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

  3. You acknowledge that TurnkeyMaster will use the email address you provide as the primary method for communication.

  4. You are responsible for keeping your password secure. TurnkeyMaster cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

  5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your TurnkeyMaster Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.

  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of TurnkeyMaster will result in an immediate termination of your services.

  7. You are not permitted in any way to use TurnkeyMaster for anything illegal such as  transmitting harmful code, sending unsolicited mass emails, spamming or using black hat SEO technique on your Store. Remember that with any violation of these terms will result in your account being cancelled and no refund would be made.

 

2. Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account 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 Account Owner in connection with the Service.

  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

  3. Upon completion of sign up for the Service, TurnkeyMaster will email to you on the instructions in relation to the change of the DNS (Domain nameserver) of your domain name, as well as the steps of setting up the Store following the DNS settings change. It is your responsibility to change the DNS and set up the Store according to the instructions given.

  4. You acknowledge that the change of the DNS settings is your sole responsibility as the Account Owner in order for your Store to be set up, except for the circumstances whereby the domain name is registered by us on your behalf. Any delay in the change of the DNS of your domain name that results in a delay in the setup of your Store should not give rise to a request to cancel the service.

  5. TurnkeyMaster registers domain name on namecheap.com or godaddy.com. TurnkeyMaster reserves the right not to register a domain name which would cost more than $20 a year. The domain name registered by TurnkeyMaster will be subject to yearly renewal. The renewal of the domain name will take place only if the Turnkey Store is renewed and it remains active. TurnkeyMaster does not renew a domain name and will not send out notification of the expiration of such domain name if the Turnkey Store has expired and remains unrenewed.

  6. In order to operate your Store, it is important to learn it step by step. Upon the activation and set up of your Store, it is your responsibility to read and understand the help guides which will be emailed to you. You could contact our support staff if there is anything you do not understand after reading the help guides.

  7. Before using the Store, it is your responsibility to have a valid merchant account ID with a recognised payment gateway company. The recommended payment gateway companies are Paypal, Braintree, 2checkout, authorize.net, Stripe, Skrill, Dwolla and so on.

  8. It is your responsibility as an Account Owner to promote your Store and drive traffic to the Store. We are not in any way responsible for generating sales for your Store.

 

3.  Dropshipping Arrangement

  1. Upon subscribing for the turnkey solution service on turnkeymaster.com, you are deemed to be entering into a dropshipping agreement with TurnkeyMaster. You acknowledge that by using the Service, we will dropship the products listed in your orders to your customers without providing you any form of samples, pictures or other proof of shipment, except for the tracking number.

  2. TurnkeyMaster provide blind dropshipping whereby the products are shipped out without showing our identity or any information relating to our website or company. We ship the products directly to your customers based on the address filled up by your customer in the order, which will display to us in your back office. You acknowledge that TurnkeyMaster will not be liable for any loss due to the wrong address provided by your customers in the order.

  3. TurnkeyMaster ships out the products when full payment is received for the order. It is your responsibility to ensure you have received full payment from your customers before making payment for the order to TurnkeyMaster. You acknowledge that by making payment to TurnkeyMaster, we will have the full right to ship out the order according to the shipping information including the name, address, and phone number provided in the order, without further notice to you.

  4. TurnkeyMaster ships out the product in packaging styles that are displayed on our website. The packaging styles that we provide in the shipment are subject to change from time to time and we reserve the right to change it without prior notifications. If you would need the products to be shipped in your own packaging styles, it would subject to additional cost.

  5. TurnkeyMaster is not responsible to ship any item that is not supplied by turnkeymaster.com. You would be responsible for shipping of the products uploaded by yourself. You acknowledge that you will set up your own shipping policy on your Store for your own products. We would not be liable for your loss, if any, caused by your own mistake when setting up the shipping fee in your admin panel.

  6. Shipping fee is not included in the cost of the product and the buyer is responsible to pay for the shipping fee. The customer is responsible for custom duties or VAT if there is any. The shipping fee stated on turnkeymaster.com is subject to change without prior notice.

  7. While we have tried our best to ensure all the products that are carried on turnkeymaster.com are in stock, you acknowledge that in some circumstances, the products ordered may be not available for shipping due to running out of stock at the last moment and our customer service will be in touch with you to consult you on the replacement item or alternatives, if such event happens. Back orders will automatically ship, when product is available.

  8. The shipping policies and return policies stated on turnkeymaster.com should form part of this dropshipping agreement. All shipments are subject to carrier regulations.

  9. TurnkeyMaster will not contact or attempt to contact your customers in anyway, unless permission is given by you, with regards to the order or anything whatsoever. It is your responsibility to contact your customers with regards to any question they may have in relation to their orders. However, TurnkeyMaster will provide support to you for the questions raised by your customers in relation to the products and services which you may be uncertain to answer.


4. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of TurnkeyMaster.

  1. Technical support is only provided to paying Account holders and this can only be done via email.

  2. You acknowledge and agree that TurnkeyMaster may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on TurnkeyMaster’s Store, 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 TurnkeyMaster’s Store 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.

  3. You may not use the TurnkeyMaster service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your countries.

  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TurnkeyMaster;

  5. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use TurnkeyMaster or TurnkeyMaster logo or trademarks and/or variations and misspellings thereof.

  6. Questions about the Terms of Service should be sent to support@Turnkeymaster.com.

  7. You understand that your Store Content (not including credit card information), 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. Credit Card information is always encrypted during transfer over networks.

  8. You acknowledge and agree that your use of the Service, including information transmitted to or stored by TurnkeyMaster, is governed by its privacy policy.

  9. The parties have required that the Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais which means the TurnkeyMaster service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

 

5. TurnkeyMaster’s 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. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any TurnkeyMaster customer, TurnkeyMaster employee, member, or officer will result in immediate Account termination.

  5. TurnkeyMaster does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.

  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that TurnkeyMaster employees and contractors may also be TurnkeyMaster customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

  8. TurnkeyMaster retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, TurnkeyMaster reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

 

6. Limitation of Liability

  1. You expressly understand and agree that TurnkeyMaster 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 TurnkeyMaster or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Store, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, TurnkeyMaster partners, officers, directors, agents, and employees, 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 the documents it incorporates by reference, 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. TurnkeyMaster does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

  5. TurnkeyMaster does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

  6. While TurnkeyMaster adopts the strictes quality control procedures on all the products sold, we do not warrant that all the products sold wouild meet the expectation of your customers.


7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the TurnkeyMaster service. All material you upload remains yours. You can remove your TurnkeyMaster store at any time by deleting your Account.

  2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow TurnkeyMaster to display and store your Store Content; and (c) that TurnkeyMaster can, at any time, review all the Store Content submitted by you to its Service.

  3. You retain ownership over all Store Content that you upload to a TurnkeyMaster store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.

  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

  5. TurnkeyMaster shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

 


8. TurnkeyMaster's Undertaking

  1. TurnkeyMaster undertakes not to get in contact with your customers in anyway.

  2. TurnkeyMaster undertakes not to place in any information in relation to TurnkeyMaster or the suppliers in the shipping package.

  3. TurnkeyMaster undertakes not to share any of the information in your Store with our other clients.

  4. TurnkeyMaster undertakes not to divulge the cost of the product in any way to your customers.

  5. TurnkeyMaster undertakes not to transfer your Store and domain name to other third party without the written consent from you.

 

9. Modification to Prices of the Products and Services

  1. TurnkeyMaster reserve the right at any time, or from time to time, to modify the prices of the products and services provided on turnkeymaster.com without prior notice.

  2. TurnkeyMaster reserves to right to remove or increase products on turnkeymaster.com without prior notice and you acknowledge that the products removed will be reflected directly on your Store, while you have the option not to import the new products added by us.

 

10. Cancellation of Account

  1. You may cancel your Account at any time by emailing support@TurnkeyMaster.com and then following the specific instructions indicated to you in TurnkeyMaster's response.

  2. Upon termination of the Services by either party for any reason:

  3. TurnkeyMaster will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise agreed or stated on the website of TurnkeyMaster, you will not be entitled to any refunds of any fees, pro rata or otherwise;

  4. If you purchased a domain name through TurnkeyMaster, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

  5. TurnkeyMaster does not make refund on the one time set up fee if the domain name provided by the Account Owner has been registered and paid for by TurnkeyMaster and if the website has been duly set up.

  6. TurnkeyMaster does not make refund on the private labe fee if the final private labels have been confirmed by the Accoutn Owner and duly made. The private labels could be mailed to the Account Owner with shipping cost to be paid by Account Owner upon cancellation of the Account.

  7. If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

  8. We reserve the right to modify or terminate the TurnkeyMaster Service or your Account for any reason, without notice at any time.

  9. Fraud: Without limiting any other remedies, TurnkeyMaster may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Store. We may change or cancel your account at any time. If there is any fraud, we will suspend or cancel your account permanently and no refund will be made.