Terms of Service
Effective date: April 17th, 2023.
Introduction and acceptance of Terms
Welcome to Turnkey Rocket, a service that offers turnkey Shopify stores to clients worldwide. By using our services, you agree to these Terms of Service (the “Terms”), as well as any additional terms and conditions that may be posted by us from time to time.
These Terms constitute a binding agreement between you and Turnkey Rocket. If you are using our services on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to these Terms.
Turnkey Rocket reserves the right to modify these Terms at any time without notice to you. Your continued use of our services following any changes to these Terms constitutes your acceptance of those changes. It is your responsibility to periodically review these Terms to ensure that you are familiar with the most current version.
If you have any questions about these Terms or our services, please contact us at firstname.lastname@example.org.
Turnkey Rocket offers turnkey (premade) and custom Shopify stores, which are fully functional and customizable e-commerce websites that come with a preconfigured theme, a selection of high-quality products, and various marketing features to help our customers kickstart their online businesses.
Our services include the creation, customization, and transfer of the store ownership to our customers, who will then have full control and responsibility for managing and running their businesses.
By using our services, you agree to comply with these Terms of Service and any applicable laws and regulations. If you do not agree with these terms, you should not use our services.
We reserve the right to modify, update, or discontinue our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our services.
By using our services, you represent and warrant that you are at least 18 years old, or at least the age of majority in the jurisdiction where you reside and from which you use the services provided by Turnkey Rocket. If you are under 18 years old, you may not use our services without the consent and supervision of a parent or legal guardian.
Ownership of Store
Turnkey Rocket creates Shopify stores that are customized and pre-made for customers. Once the payment is processed and the store is delivered to the customer, the ownership of the store is transferred to the customer. At that point, the customer is responsible for all legal responsibilities and liabilities that come with the ownership of the store.
Turnkey Rocket retains no ownership interest in the store once it has been transferred to the customer, and the customer is free to make changes to the store, add products, or resell the store as a whole. However, the customer is prohibited from selling individual parts or assets of the store, such as branding or Shopify theme license, as they are bound by the terms of service of the design creators from Envato, Templatemonster, etc. Turnkey Rocket is not responsible for any actions of the customer after the store has been transferred to them.
By purchasing a store from Turnkey Rocket, the customer acknowledges and accepts these ownership terms.
We accept payments through PayPal, the trusted online payment system. Customers are responsible for providing accurate billing information. Turnkey Rocket reserves the right to refuse or cancel any order at any time for any reason. In such cases, we will issue a refund to the customer in the original form of payment. Prices listed on the website are in US dollars and do not include any applicable taxes or fees. The customer is solely responsible for paying any taxes or fees associated with their purchase.
All payments for our services are processed through PayPal. By purchasing a turnkey Shopify store from Turnkey Rocket, you agree to pay the full price of the store as indicated on our website. Payment is due in full before we begin creating your store. Once payment is received, we will begin the process of creating your store. If payment is not received within seven (7) business days of the order being placed, we reserve the right to cancel your order. Please note that we do not offer refunds once payment has been made, unless otherwise specified in our Refund policy.
We strive to provide timely delivery of our services to our customers. For premade stores, the transfer of ownership is typically completed within 24-48 hours of receiving payment. For custom stores, the creation process can take 7-15 business days depending on the complexity and number of products. Upon completion, the transfer of ownership takes an additional 24-48 hours.
Please note that these timeframes are an estimate and may be subject to change depending on customer cooperation, responsiveness, and other unforeseen circumstances. We will communicate any potential delays or issues with the customer as soon as possible.
Upon completion, the ownership of the store will be transferred to the customer within 24-48 hours. To initiate the transfer, the customer will need to provide their First and Last name and email address. Then, the customer will need to accept a staff invite and create a Staff account in their Shopify store. Once the Staff account is created, the ownership can be transferred to the customer.
All files, including the logo, theme, and images, will be transferred to the customer’s email via Wetransfer.
Please note that the transfer timeframes may vary depending on the customer’s responsiveness and cooperation during the transfer process.
Reselling of Store
Customers are allowed to resell their store as a whole (as a package). However, they are not allowed to resell separate or integral parts of the store, such as the logo, branding, Shopify theme license, and other design assets, which are bound by the terms of service of the original creators, such as Envato, Templatemonster, and others.
In any and all cases, Turnkey Rocket is not responsible for any actions of the customers after we transferred the store ownership to them, including but not limited to any issues that may arise from the subsequent transfer or resale of the store.
If you are interested in reselling your store, we recommend that you familiarize yourself with the terms of service of the original creators and obtain their permission before doing so. Additionally, please note that we do not offer any support or assistance for any issues related to the resale of your store.
Guarantees and disclaimers
At Turnkey Rocket, we do not make any guarantees or warranties, express or implied, regarding the success, sales, or profitability of any store created or sold by us. Our services are provided on an “as is” and “as available” basis, and we make no representations or warranties of any kind, whether express or implied, regarding the quality, reliability, suitability, availability, or accuracy of our services or the information contained on our website.
Turnkey Rocket shall not be held responsible for any financial loss or damages incurred as a result of using our services, including but not limited to, loss of profits, revenue, business, data, or other economic advantage, even if we have been advised of the possibility of such damages. Furthermore, we shall not be held liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services, whether or not we have been advised of the possibility of such damages.
We do not make any warranties or representations as to the legality or suitability of the stores we create or sell. It is the responsibility of the customer to ensure that their store complies with all applicable laws, rules, and regulations. Turnkey Rocket shall not be held responsible for any legal or regulatory issues that may arise as a result of the use of our services.
Additionally, any claims or disputes arising from the use of our services shall be governed by the laws of Serbia, without regard to its conflict of laws provisions. Customers agree to submit to the personal jurisdiction of the courts located within Serbia for the purpose of resolving any such claims or disputes.
By using our services, customers acknowledge and agree to the above terms and conditions, and understand that Turnkey Rocket shall not be held responsible for any actions or omissions beyond our control.
Intellectual property rights
Intellectual property rights (IPR) refer to the legal rights granted to protect the creations of the mind, such as inventions, literary and artistic works, and symbols. As the seller of Shopify stores, we take intellectual property rights seriously and aim to ensure that our customers do not infringe on any such rights.
The buyer of a store will receive full ownership of the store, including the rights to any associated trademarks, copyrights, or other intellectual property. However, any logos, themes, images, or other content provided by us during the store transfer process are protected under our own intellectual property rights and are not to be used outside of the transferred store. Any unauthorized use of our intellectual property is strictly prohibited and will result in legal action.
The buyer is responsible for ensuring that all content and materials used on the store are original or properly licensed, and do not infringe on any third-party intellectual property rights. The seller of the store is not responsible for any legal claims arising from the use of the store or its contents, and the buyer agrees to indemnify and hold harmless the seller from any such claims.
If the seller receives any notice or claim of infringement of intellectual property rights relating to the store, the seller may, at their sole discretion, suspend or terminate the buyer’s access to the store and/or transfer of ownership until the matter is resolved.
It is the responsibility of the buyer to immediately notify the seller of any infringement or alleged infringement of intellectual property rights associated with the store. Failure to do so will result in the buyer being held liable for any resulting damages and legal costs.
We stand behind the quality of our work and are committed to ensuring that our customers are completely satisfied with their purchase. Please refer to our Refund policy for detailed information on our refund and revision process. If you have any questions or concerns regarding refunds, please contact us at email@example.com and we will be happy to assist you.
In the unlikely event of a dispute arising between us and a customer, we are committed to resolving the issue in a fair and efficient manner. All disputes must be addressed through our customer support email at firstname.lastname@example.org. While we work on implementing a support center and helpdesk, we only offer dispute support via email. Our team will do our best to address any concerns and resolve disputes to the best of our ability. By using our services, you agree to resolve any disputes solely through our customer support email.
Limitation of liability
Turnkey Rocket and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to any customer or third party for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising from or relating to the use or inability to use our services, even if Turnkey Rocket has been advised of the possibility of such damages. In no event shall Turnkey Rocket’s liability exceed the fees paid by the customer for the services provided by Turnkey Rocket.
Customers assume full responsibility for any consequences arising from the use of our services. Turnkey Rocket makes no warranties or representations about the accuracy, reliability, completeness, timeliness, or suitability of the information, products, or services provided. The use of our services is at the customer’s own risk.
Turnkey Rocket is not responsible for any delays or failures in the performance of its services, including but not limited to delays or failures due to acts of nature, governmental actions, or any other circumstances beyond our reasonable control.
In no event shall Turnkey Rocket or its suppliers or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the store or any other products or services provided by Turnkey Rocket, even if Turnkey Rocket has been advised of the possibility of such damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- The use or inability to use the store or any other products or services provided by Turnkey Rocket;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained, messages received, or transactions entered into through or from the store or any other products or services provided by Turnkey Rocket;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the store or any other products or services provided by Turnkey Rocket;
- Any conduct or content of any third party on the service;
- Any content obtained from the service;
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the service;
- Any other matter relating to the store or any other products or services provided by Turnkey Rocket.
To the fullest extent permitted by applicable law, Turnkey Rocket disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Turnkey Rocket does not warrant that the store or any other products or services provided by Turnkey Rocket will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
In no event shall the total liability of Turnkey Rocket and its suppliers and affiliates exceed the amount paid by you for the store or any other products or services provided by Turnkey Rocket. You acknowledge and agree that the limitations of liability set forth herein are fundamental elements of the basis of the bargain between you and Turnkey Rocket.
You agree to indemnify and hold Turnkey Rocket and its suppliers, affiliates, directors, officers, employees, agents, and representatives harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with your use of the store or any other products or services provided by Turnkey Rocket, your violation of any term of these Terms of Service, or your violation of any third-party right, including without limitation any copyright, property, or privacy right.
You expressly agree that your use of the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Additionally, Turnkey Rocket shall not be liable for any damages or losses arising from any interruption, suspension, or termination of our services, including but not limited to those caused by acts of God, power outages, equipment failure, or internet service provider failures.
Customers acknowledge that Turnkey Rocket is not liable for any errors or omissions in the information, products, or services provided, including but not limited to errors or omissions caused by negligence or any other reason.
Furthermore, customers agree to indemnify and hold Turnkey Rocket and its affiliates, officers, employees, agents, partners, and licensors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with their use of our services, their violation of these Terms of Service, or their violation of any third-party rights, including without limitation any copyright, property, or privacy right.
The limitations of liability set forth in this section apply to the fullest extent permitted by applicable law, and shall not limit or exclude any liability that cannot be limited or excluded by law, and shall survive any termination or expiration of these Terms of Service.
By using our services, customers acknowledge that they have read, understood, and agreed to the terms and conditions of this section and the entire Terms of Service. If they do not agree with any part of these terms and conditions, they should not use our services.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms or any other policies or guidelines posted on our website. Any fraudulent, illegal, or unauthorized use of the Services may result in immediate termination or suspension of your account.
In the event of termination or suspension, your right to use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any content, files, or communications. We shall not be liable to you or any third-party for any termination or suspension of access to our Services.
Upon termination, you must immediately cease all use of our Services and destroy any copies of any materials provided to you by us. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may also, at our sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
Furthermore, we reserve the right to pursue any and all legal remedies available to us, including but not limited to seeking injunctive relief, as well as pursuing civil or criminal proceedings against you, if we determine that you have violated these Terms or engaged in any illegal activity in connection with your use of our Services.
In any case, termination or suspension of access to our Services shall not relieve you of any obligations arising or accruing prior to such termination or suspension, and shall not affect any rights or remedies that may have accrued to either party prior to such termination or suspension.
By using our Services, you acknowledge and agree that we may terminate your account and access to the Services without prior notice if we believe that you have violated these Terms or engaged in any illegal or unauthorized activity. You further agree to indemnify and hold us harmless from any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with any violation of these Terms or any illegal or unauthorized activity in connection with your use of our Services.
Governing law and jurisdiction
These Terms, your use of the Service, and any dispute arising out of or related to these Terms or your use of the Service shall be governed by and construed in accordance with the laws of the Republic of Serbia, without giving effect to any principles of conflicts of law.
You acknowledge and agree that any legal action or proceeding arising out of or related to these Terms or your use of the Service shall be brought exclusively in the courts of the Republic of Serbia located in Belgrade, and you hereby consent to the exclusive jurisdiction of such courts. You agree that any such legal action or proceeding shall be conducted only on an individual basis and not in a class, consolidated or representative action.
In the event that any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
You acknowledge and agree that any failure by us to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
Furthermore, you agree that the above provisions regarding governing law and jurisdiction do not prevent any mandatory application of consumer protection rules provided under the laws of the country of your habitual residence. In the event of any such conflict between the laws of your habitual residence and the laws of the Republic of Serbia, the mandatory consumer protection rules of your habitual residence shall prevail.
By using the Service, you acknowledge and agree to the exclusive jurisdiction and venue of the courts located in the Republic of Serbia and waive any jurisdictional, venue or inconvenient forum objections to such courts. You also acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Modifications to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new Terms, please stop using the Service.
It is your responsibility to regularly review these Terms and stay informed of any changes. Your continued use of the Service after the effective date of any modifications to the Terms will constitute your acceptance of the modified terms.
We may also, in the future, offer new services and/or features through the Service. Such new features and/or services shall be subject to the terms and conditions of these Terms.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.