Terms of Service

By signing up for the OKTIUM service ("Service") or any of the services of iShopping Inc. ("iShopping") you agree to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. iShopping reserves the right to update and change the Terms of Service by posting updates and changes to the iShopping or Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and iShopping's Privacy Policy before you may become an iShopping user.

Everyday language summaries are provided for your benefit and are not legally binding. Please read the "Terms of Service" for the complete picture of your legal requirements. By using iShopping or OKTIUM services, you agree to these terms. Be sure to occasionally check back for updates.

1. 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.

You must provide your full legal name, current address, a valid email address, and any other information needed to complete the signup process. Customers may use the Service also as anonymous users and in such case some features might not be available.

You acknowledge that iShopping will use the email address you provide as the primary method of communication with you.

You are responsible for keeping your password secure. iShopping 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 are uploaded under your iShopping 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 regarding Service as determined in the sole discretion of iShopping will result in an immediate termination of your services.

WHICH MEANS

Don’t use service 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.

2. Account Activation

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 Use.

WHICH MEANS

The person signing up for the OKTIUM Service is responsible for the account and is bound by these Terms of Use. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Use.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in the Term of Service, the Privacy Policyand, when required, a Service agreement before you may become a member of OKTIUM.

Technical support is only provided to paying account holders and is only available via email. iShopping may provide the technical support also by other means to other users but it is not a guaranteed service.

You may not use the OKTIUM 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 EU, Canada and the US.

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 iShopping.

Questions about the Terms of Service should be sent to [email protected].

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 iShopping, is governed by its privacy policy atp; privacy

WHICH MEANS

The OKTIUM service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. iShopping 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 may, but have no obligation to, 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 iShopping user, iShopping employee, member, or officer will result in immediate account termination.

iShopping does not pre-screen Store Content and it is in their sole discretion to refuse or remove 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 iShopping employees and contractors may also be iShopping customers/merchants and that they may compete with you, although they shall 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, a government-issued photo ID, the last four digits of the credit card on file, etc.

iShopping 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, iShopping reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

WHICH MEANS

We can modify, cancel or refuse the service at any time.

In the event of an ownership dispute over an OKTIUM account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

You expressly understand and agree that iShopping shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages, 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 iShopping 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 this agreement (however arising, including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, iShopping 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 this Agreement 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.

iShopping does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

iShopping does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

iShopping 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.

WHICH MEANS

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.

6. Waiver and Complete Agreement

The failure of iShopping 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 iShopping and govern your use of the Service, superseding any prior agreements between you and iShopping (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If iShopping 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 iShopping do not apply if they conflict with these terms.

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the iShopping service. All material you upload remains yours. You can remove your iShopping store at any time by deleting your account. This will also remove all content you have stored on the Service.

By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow iShopping to display and store your Store Content; and (c) that iShopping 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 Service; 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.

You retain ownership over all content that you submit to a Service, however, by making your store public, you agree to allow others to view your content.

We will not disclose your confidential information to third parties, except as required in the course of providing our services or when you approve such a disclosure. 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.

WHICH MEANS

Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.

7. Payment of Fees

A valid credit or debit 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 or debit card.

The service will be billed in 30 day intervals upfront. The Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your OKTIUM administration console. Users are charged from their debit or credit card immediately if not stated otherwise in individual contract.

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 the EU or Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of iShopping's products and services. These Taxes are based on the rates applicable to the European or Canadian 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 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 iShopping’s products and services, including without limitation, your subscription to or purchase of iShopping's ecommerce services, point-of-sale services, point-of-sale 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. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. 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 the EU, Canada or the U.S., and not subject to European VAT, Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of iShopping's products and services, you must provide us with a statement stating that: (i) you are not a resident of the EU, Canada or the U.S.; (ii) you are not VAT/GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in the EU or Canada when iShopping's products and services were made available to you. The statement should also include your complete 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 iShopping's products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in the EU, Canada or the U.S., you must advise us immediately.

iShopping does not provide refunds.

WHICH MEANS

For live payment gateways, a valid credit or debit card is required. You will be billed every 30 days and charged immediately. Tax is not included and will be billed to your credit card. If you're exempt from European or Canadian taxes, let us know by giving us your original exemption certificate and we'll stop adding taxes to your bill. No refunds.

8. Cancellation and Termination

You may cancel your account at any time in your account or by emailing [email protected] and then following the specific instructions indicated to you in iShopping's response. Cancellation period is 30 days if not stated otherwise in your contract.

Once the cancellation is confirmed, all of your Account Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

If you cancel the Service in the middle of the term or when cancellation period applies, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.

We reserve the right to modify or terminate the iShopping service for any reason, without notice at any time.

Fraud: Without limiting any other remedies, iShopping 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 platform.

WHICH MEANS

To initiate a cancellation, go to your profile or email [email protected]

iShopping will respond with accurate information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted, and services purchased through iShopping will no longer be automatically renewed. If you cancel in the middle of the month, you'll have one last email invoice if not already paid.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

9. Modifications to the Service and Prices

Prices for using iShopping are subject to change upon 30 days notice from iShopping. Such notice may be provided at any time by posting the changes to the iShopping Site (OKTIUM.com), or the administration menu of your OKTIUM account via an announcement.

iShopping reserves the right time to time to modify or discontinue the Service (or any part thereof) with or without notice.

iShopping shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at any time, without liability.

10. Optional Tools

iShopping may provide you with an access to third-party tools over which iShopping neither monitors nor has any control or input.

You acknowledge and agree that iShopping provides access to such tools 'as is' without any warranties, representations or conditions of any kind and without any endorsement. iShopping shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

iShopping strongly recommends that businesses seek specialist advice before using or relying on certain tools. 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 businesses should charge end users.