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2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Use of Template Policies Provided by iStore
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.
8. 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.
9. 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.
The Client certifies that he or she has full right and authority to enter into this agreement to bind the Client hereto.
11. 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.
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.
13. 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.
14. 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.
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.
Any headings and titles herein are for convenience only.
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.
18. 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.
19. Governing Law
20. Questions or Concerns
Please send all questions, comments and feedback to us at firstname.lastname@example.org