Last updated on:
Oct 25, 2016
Welcome to iSeller!
By using the iSeller products and services ("iSeller Services"), or any services of Intersoft Solutions Corp. ("Intersoft"), you are agreeing to be bound by the following terms and conditions ("Terms"). Please read our Terms carefully.
Intersoft offer various iSeller Services under Terms to help you create and manage a retail store from, whether an online store ("Online Services"), a physical retail store ("POS Services"), or both. Any new features or tools added to the current iSeller Services shall be the subject of our Terms. Intersoft reserves the right to update and change the Terms at any time, and will notify you of such changes by posting updates and changes to the iSeller website at http://www.isellercommerce.com/. You are advised to check our terms from time to time for any updates or changes that may impact you.
Intersoft Terms use everyday language summaries for convenience only and are not legally binding. Please read the Terms for the complete picture of your legal requirements. By using iSeller Services or any Intersoft services, you are agree to follow all of our Terms. Please ensure to occasionally check back for updates.
- You must be 17 years or older or at least the age of majority in the jurisdiction where you reside or from the which you use this iSeller Service.
- To access and use iSeller Services, you must register for an iSeller account ("Account").
- You agree to provide true and accurate information regarding of your full legal name, current address, phone number, email address, and any other information required, and to maintain and promptly update your account information in order to ensure that it remains true and accurate. Intersoft reserves the right to refuse service, terminate existing accounts, for any reason, in our sole discretion.
- You acknowledge that Intersoft will use the email address you provide as the primary method for communication.
- You are responsible for maintaining the confidentiality of your account and password. Intersoft have no liability whatsoever 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 the data, graphics, photos and links that is uploaded under your iSeller account ("Content Store"). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any terms and conditions in the Terms as determined in the sole discretion of Intersoft will result in an immediate termination of your services.
- Subject to section 2.1.2, the person signing up for the iSeller Services will be the contracting party (the "Account Owner") for the purposes of our Terms and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the iSeller Services.
- If you are signing up for the iSeller Services on behalf of your employer, your employer shall be the Account Owner. You represent and warrant that you have the authority to bind your employer to our Terms.
- Account Owner is required to validate the registered email address to complete the account activation process. Upon activation, the Account will be running in Trial mode and Account Owner can start to use iSeller Services for 14 days.
- Once the trial has expired, iSeller Services will be no longer accessible. Expired Account and its data will be stored in iSeller system for 90 days after which the Account will be deleted permanently.
- Account Owner can subscribe to an available iSeller plan in the Account page in order to continue using iSeller Services. Please refer to section 12 for detailed information about Payment and Fees.
iSeller Pay Accounts
- Upon completion of signing up for the iSeller Services, you can choose to activate iSeller Pay to accept payments in conjunction with iSeller Services including POS and online store, using your email address.
- iSeller Pay is available only in selected countries, and may not be available in your country. In case iSeller Pay is not yet supported in your country, please contact firstname.lastname@example.org for payment integration request. Intersoft has sole decision to accept or reject the payment integration request.
- You acknowledge that iSeller Pay will be your default gateway 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.
- Technical support is only provided to paying account holders and is available via email and live chat.
- The Terms shall be governed by and interpreted in accordance with the Indonesian laws, therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Indonesia with respect to any dispute or claim arising out of or in connection with the Terms.
- You acknowledge and agree that Intersoft may amend this Terms at any time by posting the relevant amended and restated Terms on iSeller's website, available at http://www.isellercommerce.com/ and such amendments to the Terms are effective as of the date of posting. Your continued use of the iSeller Services after the amended Terms are posted to iSeller's website constitutes your agreement to, and acceptance of, the amended Terms. If you do not agree to any changes to the Terms, do not continue to use the iSeller Services.
- You may not use the iSeller Services for any illegal or unauthorized purpose nor may you, in the use of the iSeller Services, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction.You will comply with all applicable laws, rules and regulations in your use of the iSeller Services.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the iSeller Services, use of the iSeller Services, or access to the iSeller Services without the express written permission by Intersoft.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use iSeller or trademarks and / or variations and misspellings thereof.
- Questions about the Terms should be sent to email@example.com.
- You understand that your Content Store (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.
- The Terms may be available in languages other than English. To the extent of any inconsistencies or conflicts between English these Terms and iSeller's Terms available in another language, the most current English version of the Terms of Service will prevail.
- We reserve the right to modify or terminate the iSeller Services for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content Store and Account 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 Terms.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any customer iSeller, Intersoft's employee, member, or officer will result in immediate account termination.
- Intersoft does not pre-screen Content Store and it is in our sole discretion to refuse or remove any content that is available via the iSeller Services.
- We reserve the right to provide our services to your competitors and the make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Intersoft employees and contractors may also be iSeller 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 ownership Account, 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.
- Intersoft retains the right to determine, in our sole judgment, Account rightful ownership and transfer an Account to the rightful owner. If we are reasonably unable to determine the rightful account owner, Intersoft reserves the right to Temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that Intersoft 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, the resulting from use of or inability to use the iSeller Services.
- In no event shall Intersoft 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 Terms (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Intersoft partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of Terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the iSeller Services is at your sole risk. The iSeller Services is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- Intersoft does not warrant that the iSeller Services will be uninterrupted, timely, secure, or error-free.
- Intersoft does not warrant that the results that may be obtained from the use of the iSeller Services will be accurate or reliable.
- Intersoft does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the iSeller Services will meet your expectations, or that any errors in the iSeller Services will be corrected.
Waiver and Complete Agreement
The failure of Intersoft to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Intersoft and govern your use of the iSeller Services, superseding any prior agreements between you and Intersoft (including, but not limited to, any prior versions of the Terms).
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the iSeller Services. All material you upload remains yours. You can remove your iSeller Store ("Store") at any time by deleting your account.
- By uploading Content Store, you agree: (a) to allow other users to view your internet Content Store; (b) to allow Intersoft to display and store your Content Store; and (c) that Intersoft can, at any time, review all the Content Store submitted by you to its iSeller Service.
- You retain ownership over all Content Store that you upload to a Store; however, by making your store public, you agree to allow others to view your Content Store. You are responsible for compliance of Content Store 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 ours or reviews their confidentiality obligations; or (d) we are required by law to disclose.
- Intersoft shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the iSeller Service.
In addition to the terms applicable to iSeller Services in general, the following terms apply to your access and use of the POS Services. The POS Services include the iSeller POS software ("POS Software"), the iSeller POS website, located at http://www.isellercommerce.com/pos, programs, documentation, apps, tools, internet-based services and components, iSeller's POS hardware ("POS Equipment") and any updates there to provided to you by Intersoft.
- Access to and use of the POS Services requires that you have an active and valid Account.
- If your POS Credit Card Payment ("iSeller Pay") are enabled with Intersoft, you can not concurrently use any other credit card payment processing service for POS Services.
- You agree to use the POS Services in accordance with all procedures that may be provided by Intersoft from time to time.
- While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, Intersoft can not guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of the data transmitted via the POS Services.
- POS Equipment is purchased, and not leased. Upon payment for and acceptance of delivery of the POS Equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy. Returns and refunds are not available for physical gift cards purchased from Intersoft Hardware Store.
- The POS Fees for iSeller Services shall be determined based on the number of locations using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the Intersoft web administrative console. The number of registers using POS Services will also be detected by us and billed accordingly as part of your regular Billing Cycle. In the event of any discrepancy between the number of locations added by you through the web Intersoft administrative console and the number of locations detected by Intersoft, the number of locations detected by Intersoft shall be deemed to be correct.
- For products that require shipping, you must fulfill and deliver the purchased goods with the shipping carrier and method specified by user during checkout.
- Intersoft provides partnership with shipping carriers only for automatic shipping fee calculation which you can activate in the iSeller administrative console ("iSeller Admin"). Intersoft does not have obligation nor responsible to ship your goods. The shipping carriers partnership are available only in selected countries.
- When predefined shipping carriers are activated, you can leverage pick-up services provided by the carrier. The pick-up services are provided by the carriers, and might not be available in certain locations. Shipping fees will be automatically deducted from your account balance on monthly basis, or billed to you through separate invoice if your account balance is insufficient.
- You are responsible to provide the shipping reference or tracking number in the iSeller Admin for each fulfilled order, allowing users to track the shipment status of their purchased goods.
- You may establish the appearance of your iSeller store with a design template from iSeller's Theme Store ("Theme"). If you download 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 iSeller or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Intersoft gives no assurance that a particular Theme will available for additional downloads.
- You may modify the Theme to suit your store. Intersoft may add or modify the footer that refers to iSeller at its discretion. Intersoft 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. Intersoft may modify the theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme is 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 Intersoft 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 Intersoft accepts no responsibility to provide such support. Intersoft may be-able to help you contact the designer.
- It is the responsibility of the user, and not Intersoft, to ensure that the installation of a new Theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
- iSeller Experts is an online directory of independent third parties ("Experts") that can help you build and operate and your iSeller store. Intersoft does not employ Experts and is in no way affiliated with Experts.
- Intersoft 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 Intersoft 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 Intersoft 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 Intersoft relationship between you and experts. These limitations shall apply even if Intersoft has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and / or POS Services ("Subscription Fees") and any other applicable fees, Including but not limited to fees relating to the processing of transactions under your Account ("Transaction Fees") , and any fees relating to your purchase of any products or services such as POS equipment, additional registers, shipping, apps, themes, domain names or other Third Party Services ("Additional fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Intersoft will charge applicable Fees to the credit card account that you authorize ("Authorized Card"), and Intersoft will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated resources, all Fees and other charges are in US dollars, and all payments shall be in US currency.
- Subscription Fees are paid in advanced and will be billed in 30 day or 1 year interval based on your preferences (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged from time to time at Intersoft's discretion. You will be charged on each Billing Date for all outstanding Fees previously that have not been charged. Fees will appear on an invoice, the which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Intersoft administration console. Approximately, users have two weeks to bring up and settle any issues with the billing of the Subscription Fees.
- You may change plan at anytime during your subscription, including upgrading or downgrading to a different plan. If you upgrade your plan in the middle of your subscription period, Intersoft will charge the Subscription Fees of the new plan with automatic proration based on several factors such as the number of used days. If you prefer, you can also choose to process your plan changes automatically in the end of current subscription period.
- All Fees are exclusive of applicable federal, provincial, 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 Indonesia, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Intersoft's products and services. Taxes there are based on the rates applicable to the Indonesian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. 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 other country, Taxes may apply to your subscription to or purchase of some or all of Intersoft's products and services, Including without limitation, your subscription to or purchase of Intersoft's Online Services, Postal Services, POS Equipment, apps, Themes and domains ("Taxable Offerings"). Any applicable Taxes are based on the rates applicable to the country's billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. 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 not a resident of Indonesia, and not subject to any tax in respect of your subscription to or purchase of Intersoft's products and services, you must provide us with a statement by email to firstname.lastname@example.org stating that: (i) you are not a resident of Indonesia; (Ii) you are not a NPWP registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity. Also The statement should include complete your home and / or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Intersoft's products and services, the which will be billed to your Authorized Card until after such time that you provide us with the information described above.
- Intersoft does not provide refunds in any circumstances.
Cancellation and Termination
- You may cancel your account at anytime by emailing email@example.com and then following the instructions indicated resources specific to you in Intersoft's response.
Upon termination of the iSeller Services by either party for any reason:
- Intersoft will cease providing you with the iSeller Services and you will no longer be able to access your account;
- Unless otherwise provided in the Terms, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- Any outstanding balance owed to Intersoft for your use of the iSeller Services through the effective date of such termination will become immediately due and payable in full; and
- Store your website will be taken offline.
- If you purchased a domain name through Intersoft, 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 iSeller Services, 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 iSeller Services or your Intersoft account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Intersoft 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.
Modifications to the Service and Prices
- Prices for using the iSeller Services are subject to change upon 30 days notice from Intersoft. Such notice may be provided at any time by posting the changes to the iSeller Site (http://www.isellercommerce.com) or the administration menu of your Intersoft store via an announcement.
- Intersoft reserves the right at any time, and from time to time, to modify or discontinue, the iSeller Services (or any part thereof) with or without notice.
- Intersoft shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the iSeller Service.
Third Party Services
- In addition to these Terms, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Intersoft's partners or other third parties.
- Intersoft may from time to time recommend, provide you with access to, or enable third-party software, applications ("Apps"), products, services or website links (Collectively, the "Third Party Services") for your consideration or use, including via the iSeller 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 Providers"). Any use by you of Third Party Services offered through the iSeller Services or Intersoft'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 Intersoft 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 iSeller's websites, including the iSeller App Store, or the integration or the enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Intersoft. Intersoft 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 should you charge to your customers.
- If you install or enable a Third Party Service for use with the iSeller Services, you grant us permission to allow the applicable Third Party Provider to access your data is and to take any other actions as required for the interoperation of the Third Party Service with the iSeller Services, and any exchange of the data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Intersoft is not responsible for any disclosure, modification or deletion of your data is or Content Store, 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 guide the data or Content Store.
- Under no circumstances shall Intersoft 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 Intersoft has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.