Terms of Service: January 6, 2016
By signing up for the ibuy, Inc. service (“Service”) or any of the services of ibuy, Inc. Inc. (“ibuy, Inc.”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by ibuy, Inc. under the Terms of Service include various products and services to help you create and manage a online retail store, Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time. ibuy, Inc. reserves the right to update and change the Terms of Service by posting updates and changes to the ibuy, Inc. website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using ibuy, Inc. or any ibuy, Inc. services, you are agreeing to these terms.
A. Account Terms
- 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.
- To access and use the Services, you must register for a ibuy, Inc. account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. ibuy, Inc. may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that ibuy, Inc. will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Ibuy, Inc. cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your ibuy, Inc. Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Ibuy, Inc. will result in an immediate termination of your services.
Don’t use ibuy, Inc. for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.
B. Account Activation
- Subject to section B.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.
- 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.
- Upon completion of sign up for the Service, ibuy, Inc. you will create a Stripe merchant checkout account for your self, using your email address. Depending on your location, ibuy, Inc. may also create a ibuy, Inc. Payments account on your behalf.
- You acknowledge that Stripe merchant checkout and/or ibuy, Inc. Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
- Upon purchasing a domain name through ibuy, Inc., domain registration will be preset to automatically renew each year so long as your ibuy, Inc. Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the ibuy, Inc. service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts. Any domain you purchase through us will automatically renew unless you opt out.
C. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Clark county of Nevada and the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts.
- You acknowledge and agree that ibuy, Inc. may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on ibuy, Inc.’s website, available at www.ibuyrite.com 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 ibuy, Inc.’s website 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.
- You may not use the ibuy, Inc. service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States of America
- 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 ibuy, Inc..
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use ibuy, Inc. or ibuy, Inc. trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- 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.
- You acknowledge and agree that your use of the service, including information transmitted to or stored by ibuy, Inc.
The ibuy, Inc. service belongs to us. You are not allowed to use it for any illegal purpose. If a dispute arises the issue will be dealt with in Clark County ,Nevada. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
D. Ibuy, Inc. Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We have the right to control all products and content and may, 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.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any ibuy, Inc. customer, ibuy, Inc. employee, member, or officer will result in immediate Account termination.
- ibuy, Inc. does pre-screen Store Content and it is in our sole discretion to refuse any Store Content that is available via the Service.
- 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 ibuy, Inc. employees and contractors may also be ibuy, Inc. customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- 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.
- ibuy, Inc. 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, ibuy, Inc. reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a ibuy, Inc. account, we can freeze the account or transfer it to the rightful owner.
E. Limitation of Liability
- You expressly understand and agree that ibuy, Inc. 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.
- In no event shall ibuy, Inc. or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, 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, ibuy, Inc. 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.
- 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.
- ibuy, Inc. does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- ibuy, Inc. does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- ibuy, Inc. does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.
F. Waiver and Complete Agreement
The failure of ibuy, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ibuy, Inc. and govern your use of the Service, superseding any prior agreements between you and ibuy, Inc. (including, but not limited to, any prior versions of the Terms of Service).
If ibuy, Inc. chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and ibuy, Inc. don't apply if they conflict with these terms.
G. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the ibuy, Inc. service. All material you upload remains yours. You can remove your ibuy, Inc. store at any time by deleting your Account.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow ibuy, Inc. to display and store your Store Content; and (c) that ibuy, Inc. can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a ibuy, Inc. 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.
- 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.
H. Ibuy, Inc. Shipping
We only ship in the United States,(“ibuy, Inc. Shipping”) for delivery of goods purchased from your ibuy, Inc. Store. In addition to these Terms of Service, your access to and use of ibuy, Inc. Shipping is subject to the ibuy, Inc.
I. Theme / Niche Store
- You may establish the appearance of your ibuy, Inc. store with a design template from ibuy, Inc.’s Theme Store (“a Theme”)., you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on ibuy, Inc. or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. ibuy, Inc. gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your store. ibuy, Inc. may add or modify the footer that refers to ibuy, Inc. at its discretion. ibuy, Inc. may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. ibuy, Inc. may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and ibuy, Inc. may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer, and ibuy, Inc. accepts no responsibility to provide such support. ibuy, Inc. may be able to help you contact the designer.
- It is the responsibility of ibuy, Inc., to ensure that the installation of the store.
You can purchase our Themes / Niche store. Note that Themes may disappear over time and are subject to change.
J. Ibuy, Inc. Experts
- ibuy, Inc. Experts is an online directory of independent third parties ("Experts") that can help you build and operate your ibuy, Inc. store. ibuy, Inc. does not employ Experts and is in no way affiliated with Experts.
- ibuy, Inc. does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of ibuy, Inc. and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
- Under no circumstances shall ibuy, Inc. be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and ibuy, Inc. experts. These limitations shall apply even if ibuy, Inc. has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of Ibuy, Inc. and we are not responsible for them.
K. Payment of Fees
- A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your ibuy, Inc. administration console. Users have approximately one weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of US, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of ibuy, Inc.’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit / debit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of ibuy, Inc.’s products and services, including without limitation, your subscription to or purchase of ibuy, Inc.’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings.
For live payment gateways, a valid credit / debit card is required. You will be billed every 30 days and have 1 week to pay if auto payment is declined.
L. Cancellation and Termination
- You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in ibuy, Inc.'s response.
- Upon termination of the Services by either party for any reason:
- ibuy, Inc. will cease providing you with the Services and you will no longer be able to access your Account;
- Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
- Any outstanding balance owed to ibuy, Inc. for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- Your store website will be taken offline.
- If you purchased a domain name through ibuy, Inc., 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.
- 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.
- We reserve the right to modify or terminate the ibuy, Inc. Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, ibuy, Inc. 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 Site.
To initiate a cancellation, email firstname.lastname@example.org ibuy, Inc. will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through ibuy, Inc. will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
M. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from ibuy, Inc.. Such notice may be provided at any time by posting the changes to the ibuy, Inc. Site (ibuy, Inc..com) or the administration menu of your ibuy, Inc. store via an announcement.
- ibuy, Inc. reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- ibuy, Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
N. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, ibuy, Inc.’s partners or other third parties.
- ibuy, Inc. may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Ibuy, Inc. App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or ibuy, Inc.’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that ibuy, Inc. has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on ibuy, Inc.’s websites, including the ibuy, Inc. App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ibuy, Inc.. ibuy, Inc. strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ibuy, Inc. is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
- Under no circumstances shall ibuy, Inc. be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if ibuy, Inc. has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the ibuy, Inc. platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.