Terms of service
Terms of Service for New Ecomm Ventures
OVERVIEW
Welcome to NEV! The terms “we”, “us” and “our” refer to New Ecomm Ventures ("NEV"). NEV operates this website, including all related information, content, features, tools, and services (collectively, the “Services”). Our Services are primarily hosted on the Shopify platform.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK TO YOUR PRIVACY POLICY]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, you may be asked to provide certain information, such as your email address and billing information. You represent and warrant that all the information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.
SECTION 2 - OUR OFFERINGS
We offer several types of digital assets and professional services ("Offerings"):
a) Digital Assets: This includes, but is not limited to, our e-books, playbooks, toolkits, templates, and pre-packaged "Brand Concepts."
b) Ready-to-Scale Brands: These are pre-built e-commerce assets, including a domain and a configured Shopify store, sold as-is for a fixed price.
c) High-Value Brands (with Proof-of-Concept): These are established, revenue-generating e-commerce businesses.
d) Custom Services: These are "build-to-order" services, including our "Build a Custom Venture" packages and strategic consulting.
We make every effort to describe our Offerings accurately. We reserve the right to modify or discontinue any Offering at any time.
SECTION 3 - ORDERS, AGREEMENTS, AND PURCHASES
You acknowledge that your purchase of any Offering is for business and commercial purposes.
a) Digital Assets & Ready-to-Scale Brands: These Offerings may be purchased directly through the website. By completing the purchase, you are making an offer, which we may accept or decline at our discretion. All sales of these Offerings are final upon payment and are governed by these Terms of Service.
b) High-Value Brands & Custom Services: These Offerings require a consultative process. The transaction and scope of work are governed by a separate, legally binding Asset Purchase Agreement (APA) or Statement of Work (SOW), respectively. The terms of the APA or SOW shall supersede these Terms of Service where applicable.
SECTION 4 - PRICES, BILLING, AND TAXES
Prices for our Offerings are subject to change without notice. The price charged will be the price in effect at the time the order is placed.
Currency and Taxes
All prices are stated in U.S. Dollars (USD) and are exclusive of any applicable taxes, such as Value Added Tax (VAT), Goods and Services Tax (GST), or sales tax. While our store may display prices in your local currency for your convenience using Shopify's multicurrency feature, the final transaction is processed based on the USD price.
Any applicable taxes will be calculated and added to your total at the final stage of the checkout process, based on the billing country and information you provide. You are responsible for providing accurate location and billing details.
For business customers within the European Union, providing a valid VAT identification number may be required for the application of the reverse-charge mechanism in accordance with applicable law. If a valid VAT ID is not provided, we are legally required to charge VAT at the applicable rate for your country.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You represent and warrant that (i) the payment information you supply is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay all charges incurred by you at the posted prices, including all applicable taxes.
SECTION 5 - DELIVERY OF DIGITAL ASSETS & SERVICES
a) Digital Assets & Ready-to-Scale Brands: Offerings purchased directly are delivered electronically. This typically occurs via a secure download link or access credentials sent to the email address provided at purchase. Delivery is deemed complete upon our transmission of this email.
b) High-Value Brands & Custom Services: The delivery and handover process will be governed by the timeline and terms specified in the corresponding SOW or APA.
SECTION 6 - INTELLECTUAL PROPERTY & LICENSING
Our Services and all original content are owned by NEV and are protected by international copyright and other intellectual property laws.
a) Digital Assets: Purchasing a Digital Asset grants you a limited, non-exclusive, non-transferable license for your own personal or single business use. You are strictly prohibited from reselling, redistributing, sharing, or sub-licensing these assets.
b) Ready-to-Scale & High-Value Brands: The acquisition of a brand transfers full ownership of all specified intellectual property (including domain, branding, and store content), as explicitly outlined in the product description or the final Asset Purchase Agreement (APA).
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
NEV is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make are made directly with NEV. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NEV. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NEV.
SECTION 10 - PRIVACY POLICY
All personal information we collect is subject to our Privacy Policy, which can be viewed here [LINK TO YOUR PRIVACY POLICY]. By using the Services, you acknowledge that you have read this policy.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, or feedback ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, and publish such Feedback for any purpose, including for commercial use. We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it. You are solely responsible for any Feedback you make and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination (including Intellectual Property, Limitation of Liability, etc.) shall survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL OFFERINGS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL NEV, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, OR LOST SAVINGS, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY OFFERINGS PROCURED USING THE SERVICES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NEV, Shopify, and our affiliates 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.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements.
SECTION 20 - ASSIGNMENT
You may not assign this Agreement or any of your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Poland. You and NEV consent to the exclusive jurisdiction of the courts located in Poland for the resolution of any disputes.
SECTION 22 - EUROPEAN UNION CONSUMER RIGHTS
If you are a consumer based in the European Union, you may have a right to cancel or return your order for digital content within 14 days. However, by purchasing and proceeding with the immediate download or access of our Digital Assets, you explicitly consent to the immediate performance of the contract and acknowledge that you will lose your right of withdrawal.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@newecommventures.com