Terms and Conditions Policy

Disclaimer

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements: "Client", “User”, “Account Holder”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. "The Company", “Ourselves”, “We”, "Us", “iStore Online (Pty) Ltd”, “iStore” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Website” or “Our Website” refers to the iStore website in its entirety with URL of home page – www.iStore.co.za. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing South African Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

The Terms and Conditions as stipulated below, shall be governed by and construed in accordance with the laws of South Africa.

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
    1. may limit the risk or liability of iStore or a third party; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify iStore or a third party; and/or
    4. Serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask iStore to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or IStore in terms of the CPA.
  6. iStore permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

1. General Agreement

This Agreement is between iStore Online (Pty) Ltd trading as “iStore” and the Client named hereafter. iStore Online (Pty) Ltd agrees to provide and the Client agrees to accept through iStore Online (Pty) Ltd, services according to the following terms and conditions:

These Terms & Conditions constitute a legal agreement between the Client and iStore. The use of our website and/or products/services is subject to the following Terms and Conditions, also referred to as “Terms of Service” and “Terms”. If you access and use this website or its products/services, you accept and agree to be bound by and comply with the Terms and Privacy Policy. If you do not accept these Terms in their entirety, you may not access our website or use the products/services provided by iStore. iStore reserves the right to suspend or cancel any Client's access to any or all products/services provided by iStore should we decide that the account has been inappropriately used or otherwise. We reserve the right to change this agreement at any time without notice.

1.1 Country of Domicile

This website is governed by the laws of South Africa and iStore Online (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:

211 Leonie Street, Doringkloof, Centurion, 0157, South Africa

2. Detailed Description of Products and/or Services

iStore Online (Pty) Ltd (www.iStore.co.za) is a technology based business that provides Clients with a complete Software as a Service (SaaS) ecommerce solution (including site builder, ecommerce backend platform, hosting) and related products/services. Core features include: set up of complete ecommerce store (includes frontend website and backed ecommerce platform), domain registration, email set up and hosting. Note: the terms “Software as a Service (SaaS)”, “Software”, “Product(s)”, “Products/Services” are used interchangeably throughout this Agreement and hold the same meaning within context of this Agreement or any other iStore documentation.

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, with prior notice in accordance with the South African Consumer Protection Act (No. 68 of 2008). Unless otherwise indicated, prices displayed on our website are quoted in South African Rands (ZAR). We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers.

If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure that the colour and design of our products are displayed as accurately as possible on our website.

3. Use of Website and Products/Services

3.1 General Use and Access

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

iStore accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable.

3.2 Website Content

We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any new changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

3.3 Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking/redirecting you, the end-user, to other websites. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

3.4 Client Accounts

You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the Republic of South Africa and other countries that you communicate with over the Internet. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers (account holders) are not permitted to post any material that is illegal, libellous, tortuous, or likely to result in retaliation against iStore Online (Pty) Ltd. Should the posted material fall into this category (but not limited to), we reserve the right to immediately refuse or terminate your account. iStore Online (Pty) Ltd does not allow any of the following contents to be stored on any of its servers:

- Illegal Material: This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.

- Adult Material: Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of iStore Online (Pty) Ltd.

- Warez: Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

iStore will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.

3.5 Online Store/Website Non-Transferable

iStore does not permit exporting of website/online stores created by the Client (using iStore’s site builder tools), to an external destination or host. All online stores/websites are solely hosted on iStore’s servers.

3.6 Internet Etiquette

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. iStore Online (Pty) Ltd is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network that iStore Online (Pty) Ltd or its customers may utilize.

Use of email address distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. This includes but not limited to: mass-newsgroup postings, SPAM and unsolicited e-mail sent from your email address (with a domain name registered by iStore or has been transferred to iStore), or any other service on the Internet, which contains your domain name. iStore Online (Pty) Ltd reserves the right to deactivate the Client's account(s) upon an indication of such activity. The Client hereby agrees to indemnify and hold harmless iStore Online (Pty) Ltd from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).

3.7 Website Content Backup Storage

iStore will in no way whatsoever be held liable to anyone for damages or losses of any kind to data stored on the iStore servers. iStore will periodically plan to backup data of its servers but is under no obligations whatsoever to do so under these Terms.

3.8 Restrictions and Responsibilities

The Client will not, directly or indirectly:

a)  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the iStore SaaS (Software as a Service) or any software, documentation or data related to the iStore product/services (“Software”); modify, translate, or create derivative works based on the iStore product/service or any Software (except to the extent expressly permitted by iStore (Pty) Ltd or authorized within the iStore product/service);

b) use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to the Client for use on the Client’s premises or devices, iStore hereby grants the Client a non-exclusive, non-transferable, non-sub-licensable license to use such Software during the Term only in connection with the Services.

4. Account Ownership

The party or person who signs up for an iStore Account and proceeds to build their online store will become the designated account holder. Only this person is allowed to make changes to the online stores, contact information, upgrade the current service or request a cancellation. Should a dispute transpire between a number of parties claiming to have ownership of the same account, then iStore will not hold any responsibility whatsoever to resolve these disputes.

Registration and use of the website

Only registered users may order Goods on the Website.

To register as a user, you must provide a unique username and password and provide certain information and personal details to iStore. You will need to use your unique username and password to access the Website in order to purchase Goods.

You agree and warrant that your username and password shall:

Be used for personal use only; and

Not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify iStore immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized iStore representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized iStore representative

5. Privacy Policy

Please see iStore Privacy Policy. iStore Online (Pty) Ltd shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

6. Online Payments

All online credit card payments that are accepted for iStore’s SaaS are processed by PayGate’s Pay Now Internet Payment Gateway. Card Holders may go to the link below to view PayGate’s security policies. iStore also uses PayGate for executing debit orders.

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

7. User Comments, Feedback, and Other Submissions

a) You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

b) You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you create and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

8. Termination of Account

Note: The terms “cancellation” and “termination” are used interchangeably and hold the same meaning throughout this document.

a) The Client may terminate or cancel his/her iStore account at any time. The Client will have to give iStore formal notice of termination via email to avoid being billed for the following month of service.

b) If the Client cancels the account whilst there is no outstanding amount then the Client will not be liable for any outstanding payments. It is recommended that the Client cancel his/her account before the next periodic invoice is generated. The Client will be held liable for any payment due (i.e. unpaid invoices) at the time of cancellation

c) After cancellation has been performed, the Client’s data will be permanently deleted off of iStore’s servers. No backups will be stored for any Client account that has been cancelled and subsequently deleted. iStore will cease providing the product/service after the account cancellation has been processed.

d) Upon cancellation of account, you will not be entitled to any refunds of product/service fees or any other fees, pro rata or otherwise. Any outstanding balance due for product/services used prior to cancellation will immediately become due and payable in full by the Client.

e) iStore reserves the right to remove any content or suspend or terminate a Client's service if it deems this necessary due to an infringement of these Terms and Conditions of Service.

9. Term and Compensation

The parties agree to a monthly or annual billing cycle, beginning after iStore’s receipt of payment of the initial monthly/annual invoice.

10. Disclaimer of Warranty

a) iStore’s service is provided on an “as is, as available” basis. Due to iStore’s relationship with online networks, iStore gives no warranty, expressed or implied, for the service provided, including without limitation, warranty of the merchantability and warranty of the fitness for a particular purpose. This disclaimer of warranty expressly disclaims any right to reimbursement for direct or consequential losses of income, due to disruption of the service by iStore or beyond the fees paid by the Client to iStore for products/services.

b) The Client expressly agrees that use of iStore’s products/services is at the Client's sole risk. iStore, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, indicate that iStore’ Software as a Service (SaaS) may be interrupted and is not likely to be error free. iStore makes no warranty as to the results that may be obtained from the use of the SaaS or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the service, unless otherwise expressly stated in this Agreement.

c) Under no circumstances, including negligence, shall iStore, its offices, agents or anyone else involved in creating, producing or distributing iStore service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the iStore services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to iStore records, programs or services. The Client hereby acknowledges that this paragraph shall apply to all content on iStore products/services.

d) Use of any information obtained by way of iStore is at the Client's own risk and iStore specifically denies any responsibility for the accuracy (or inaccuracy) or quality of information obtained through its services.

e) iStore disclaims liability for any damages arising from the Client's use of iStore or by the Client's server(s). iStore disclaims liability for the Client's data, files, or directories residing on iStore equipment or its iStore equipment.

f) Notwithstanding the above, the Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate Rand amount which the Client paid during the term of this Agreement.

g) Email - It is the responsibility of the Subscriber to make sure that mail spooled on iStore servers are retrieved at least once a week, as the Mail Spool File gets cleared at regular intervals. iStore will not be held responsible for any mail lost due to non-retrieval.

11. Use of Template Policies Provided by iStore

The sample policy documents provided via the iStore Admin Panel- >Settings->Store Settings, include a) Terms & Conditions Policy; b) Privacy Policy; c) Return Policy; d) Shipping Policy. It is important to note that these documents have been provided by iStore for general information purposes only. Your use/partial use of any of these sample documents is entirely at your own risk and you should not use any of these sample documents or parts thereof without first seeking legal and other professional advice.

The provision of these sample documents (and the documents themselves) do not constitute legal advice or opinions of any kind, or any advertising or solicitation. No lawyer-client, advisory, fiduciary or other relationship is created between iStore Online (Pty) Ltd and any person accessing or otherwise using any of the sample documents.

12. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.

13. Trademarks and Copyrights

a) The Client warrants that it has the right to use the applicable trademarks of the Client, and grants to iStore the rights to use such trademarks, if any, in connection with iStore’s motion of, referencing of, cataloguing of, or indexing of iStore’s Clients.

b) The Client herby agrees that any material submitted for publication on iStore through the Client’s account/website/online store will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything harmful. The Client will hold iStore harmless and indemnify iStore from any damages, fines or costs including attorney’s fees which might arise from any such violation or infringement.

c) You may not use iStore, iStore Plus, iStore Online, or any other iStore trademark, including iStore-owned logos, graphic symbols, icons, website content, phrases, in a manner that would imply iStore’s affiliation with or endorsement, sponsorship, or support of you or of a third party product or service.

14. Capacity

The Client certifies that he or she has full right and authority to enter into this agreement to bind the Client hereto.

15. Disclaimer and Limitation of Liability

a) The Client hereby agrees that any material submitted for publication on iStore through the Client’s account will not contain anything leading to abusive or unethical use of iStore service or products. This includes, but is not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity and infringement of privacy or libel.

b) You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.

c) We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

16. Indemnification

a) The Client agrees that it shall defend, indemnify, save and hold iStore harmless from any and all demands, liabilities, losses, costs and claims, including attorneys' fees, asserted against iStore, agents, its Clients, servants, officers and employees, that may arise or result from publication or use of the Client's account/website/online store (and associated materials), any service provided or performed or agreed to be performed or any product sold by the Client (using iStore’s Saas), its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless iStore against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with iStore service; (ii) any material supplied by the Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Client sold.

b) The Client agrees to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

17. Bandwidth Use Policy

In rare cases, iStore may find a customer to be using server resources to such an extent that he or she may jeopardize iStore server performance and resources for other Clients. In such instances, iStore reserves the right to impose the High Resource User Policy for the consideration of all Clients.

18. High Resource User Policy

a) Resources are defined as bandwidth and / or processor utilisation.

b) iStore may implement the following policy at its sole discretion.

c) When a website is found to be monopolising the resources available, iStore reserves the right to suspend the Client’s site immediately or renegotiate the current hosting package in accordance with the use. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of the iStore servers.

19. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

20. Headings

Any headings and titles herein are for convenience only.

21. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

22. Entire Understanding

This Agreement contained in this Contract constitutes the sole agreement between iStore and the Client regarding iStore’s product/service. It is construed in accordance with the laws of South Africa. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in South Africa unless otherwise agreed to in writing by iStore. The Client will use the services in a manner consistent with any and all applicable laws of South Africa. Signing up for an account binds the Clients to the above contract.

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

23. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Gauteng, South Africa without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Gauteng in the City of Johannesburg, Gauteng and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

24. Questions or Concerns

Please send all questions, comments and feedback to us at info@istore.co.za