Terms of Use
Preamble
These Terms of Use ("Terms") represent an agreement between our Company and your Customer, superseding all prior negotiations or any agreements, whether written or oral, except as provided in these Terms. Your access to or use of this website or the services offered by us will signify that you have read, understand, and agree to these Terms. By accessing or using this website, subdomain or services, you also represent that you have the legal authority under applicable law (including but not limited to the age requirement) to accept these Terms on behalf of yourself and/or any other person you represent in connection with your use of the website, subdomain or services. If you do not agree to the Terms, you are not authorized to use the Website, subdomain or Services.
1. Definitions
For the purposes of the Terms of Use, the following words/phrases shall have the meanings specified below;
- a) Website: Website shall include all websites and subdomains currently owned or which may be acquired in the future by us.
- b) Third Party: Any party that is not a party to these Terms of Use shall be deemed to be a Third Party to these Terms.
- c) Services: We provide a range of services. Please note that new Services may be added, removed or modified and therefore Customers are requested to visit the Websites to keep updated on the services available on a regular basis.
2. Restriction of Services
We may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to;
- a. Restrict the time of availability,
- b. Restricting the availability and/or scope of the Service for specific platforms (i.e., computer types and operating systems),
- c. Restricting the amount of permitted usage,
- d. Restricting or terminating the right of any user to use all or part of the Service, at any time, at Provider's sole discretion and without notice or liability.
3. License of Use
Subject to these Terms and our policies and other terms, we grant you a limited, personal, non-exclusive, non-transferable, non-transferable, revocable license to use our Services. You agree that you will create, access and/or use only one user account unless expressly authorized by us, and you will not share access or login information for your account with any third party. Your use of our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
4. Security
We care about the security of our users and customers. Although we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account through our Customer Support Portal (https://ievolution.freshdesk.com/en/support/tickets/new).
5. Subscription and Renewal Term (if applicable)
All Customers or Users must renew their subscriptions in a timely manner. Customers or Users may be given a grace period of seven (7) calendar days to renew the subscription upon expiration (entirely at Company's discretion). The term of the renewed period will be effective as of the payment due date and not when payment was made during the grace period.
6. Important Disclaimers
Customer understands and agrees that we are merely Service Providers (where applicable) aggregating the Fulfillment Provider Services and, therefore, we do not guarantee the accuracy, reliability and usefulness of such information. Information provided by us may not be appropriate for all users.
- a. You understand and agree that the Service may include certain communications from us, such as service announcements or administrative messages, and that these communications are part of the Service and you may not opt out of receiving them.
- b. You understand and agree that we provide the Services "AS-IS" and assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings (where applicable). You are responsible for obtaining access to the Service. In addition, you must provide and are responsible for all equipment necessary to access the Service. We will not replace any lost or stolen membership materials, certificates, vouchers or other items received by a member as part of the Services provided by us.
- c. When you subscribe to our Service, you may be offered an automatic renewal. In such event, you agree that immediately prior to the expiration of your subscription, we may charge the payment method you provide to us during registration (or a different payment method if your account information changes) the subscription renewal fee along with any applicable taxes and fees you may incur in connection with your use of the Service. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
- d. Your membership fee will be billed at the beginning of your membership and at each subsequent periodic renewal thereafter unless and until you cancel your membership. All fees, taxes and charges are non-refundable after your applicable cancellation period has expired as described in the Cancellation Policy.
- e. There will be no refunds or credits for partially used periods unless required by applicable law. Your membership will automatically renew for successive periodic subscriptions, without notice, unless and until you cancel your membership or we terminate your membership. You may cancel your auto-renewal subscription at any time by visiting the Customer Care Portal https://ievolution.freshdesk.com/en/support/tickets/new and cancellation will be effective according to our Cancellation Policy. You must cancel your membership before each period renews to avoid billing the next period's membership fees to your Payment Method.
- f. If you wish to use a different Payment Method or if there is a change in the validity or expiration date of your credit card, you may edit your Payment Method information by visiting the Customer Service Portal https://ievolution.freshdesk.com/en/support/tickets/new. If your Payment Method reaches its expiration date, your continued use of the Membership Service constitutes your authorization for us to continue billing that Payment Method and you remain liable for any uncollected amounts. If a charge to your credit card is denied for any reason, we shall have the right to terminate or suspend your membership and your access to the Service effective immediately without notice to you.
- g. We reserve the right to discontinue any Membership Service at any time and to terminate your membership in connection with the discontinuation of the Membership Service without providing any prior notice.
7. Registration or Use of the Website or Services
To use certain services offered by us, you may be required to open an account by completing the registration process. You will also choose a password and user name, and maintaining the confidentiality of your password and account will be your sole responsibility. You expressly agree to absolve our partners from any liability/charges or us in this regard.
8. Geographical Scope of the Website and Services
Our website and services are available globally without any restriction on our part. Therefore, you may access or use our website or services from any jurisdiction in the world, and you do so at your own risk, and you are solely responsible for compliance with local laws or any other applicable national and international laws, sanctions or regulations.
9. Restricted Countries for Services
a. We acknowledge that our website can be accessed from any jurisdiction in the world with or without the use of VPN; however, we do not provide services to residents and companies registered in countries that are currently under sanctions imposed by the United States of America and the United Nations or pursuant to under applicable international laws and guidelines. To view the sanctions and the indicative list of indicative list of countries subject to such sanctions, please visit
- i. https://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx
- ii. https://www.un.org/sc/suborg/en/sanctions/un-sc-consolidated-list
b. Please note that this list is for illustrative purposes only. We are not obligated to provide the full list of sanctioned or prohibited countries, and therefore, customers are expected to do their due diligence before using our website or subscribing to services offered by us.
c. If a Customer is a resident of restricted countries as provided above, then we have the complete discretion to cancel such subscription upon notice to us, without providing any prior notice to the Customer or User in question, and we shall have no obligation to such Customers. Such Clients shall not have any right to request a refund from us; however, we have the discretion whether or not to return any funds transferred by such Clients.
10. Our General Duties
- a. We will always strive to deliver all Services on time and of good quality, to the best of our ability and without interruption by your suppliers and partners.
- b. We will always strive to provide prompt and efficient customer service.
- c. We will provide the Services agreed and paid for to the best of its ability and without interruption by its suppliers and partners.
- d. The Customer has the right to file a complaint about service deficiencies in accordance with the Terms of Use, and other policies agreed between the Parties.
11. Customer Support
For customer support regarding an account, reservation, payment and service related questions ("Customer Support Inquiries"), please submit a ticket to our Customer Service Department using the Customer Service Portal - https://ievolution.freshdesk.com/en/support/tickets/new">https://ievolution.freshdesk.com/en/support/tickets/new.
We will do our best to respond to all Customer Support Inquiries within a reasonable timeframe, but we do not promise that any Customer Support Inquiry will be responded to within a particular timeframe and/or that we will be able to respond to such inquiries.
12. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
13. Limitation on Filing Your Claim
Customer agrees that any cause of action arising out of or related to use of the Website or the Services must be commenced within one (1) year after the cause of action otherwise accrues, such cause of action shall be permanently barred to the extent permitted by applicable law.
14. Disclaimer and Limit of Liability
- a. You understand and agree that we provide the Services on an "as is, with all faults and as available" basis. You agree that your use of our website or the Services is at your risk. All warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are excluded. We make no representations, warranties or guarantees of any kind, whether express or implied, and expressly disclaim any and all representations and warranties as to the;
- i. the accuracy, adequacy, reliability, completeness, suitability or applicability of the information, content, data, products and/or services, merchantability or any warranty of merchantability or any warranty of fitness for a particular purpose;
- ii. that the Services will be uninterrupted, timely, secure or error-free; or that all deficiencies, errors, defects or non-conformities will be corrected;
- iii. the quality of any service, content, information, data or other material on our website will meet your requirements; and on our website will meet your expectations or requirements;
- iv. any errors on the website will be corrected;
- v. warranties against infringement of any intellectual property or proprietary rights of any third party; or third party intellectual property or proprietary rights; or other warranties relating to performance, non-performance or other acts or omissions, performance or other acts or omissions of our officers, directors, employees, affiliates, agents, licensors or suppliers, etc.
- vi. We make no warranty that any of the software or applications used or licensed in connection with the licensed in connection with the Services will be compatible with any other third party software or third party programs or devices, nor do we warrant that the operation of the Services and the Services and associated software will not damage or disrupt other software or hardware. We, our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including suppliers (including content distributors and licensors) shall not, at any time, be liable, at any time, for any direct, indirect, punitive, incidental, special, special, consequential, punitive, incidental, special punitive, incidental, special, consequential damages, arising out of or in any way connected related in any way to the use of our website or the Services, whether based in contract, tort, strict in contract, tort, strict liability or other theory, even if we have been advised of the possibility of damages. advised of the possibility of damages.
- b. We, our officers, managers, members, employees, attorneys or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but is not limited to use of the services offered by us, data and loss of profits on any theory of liability that may arise on or out of connection with the ability or inability of the services offered by us or the materials on the website. The fact remains true notwithstanding any advice given to us or any of your representatives as to the possibility of such damages. The limitation and exclusion of incidental or consequential damages may not apply to everyone, as some jurisdictions do not allow it. Liability shall be limited to the maximum extent permitted by applicable law if any authority holds any part of this section to be unenforceable.
- c. In the event that any exclusion contained herein shall be deemed invalid for any reason, we or any of our affiliated entities, officers, directors or employees shall be liable for any loss or damage, then any liability of us or any of our affiliated entities, officers, directors or employees shall be limited to not to exceed the subscription charges paid by you in the month in which the subscription charges were paid by you in the month in which the subscription charges were paid. paid by you in the month prior to the date of your claim for the particular subscription chosen by you.
15. Right to Modify Terms Reserved
Customer agrees that we have the right to make changes, modifications, amendments, alterations or deletions to any content of these Terms of Use at any time. Due to timely updates, Customers are expected to regularly visit the Website to identify revisions to which they are bound. Use of the Website or subscription to the Services after changes are made means the updated Terms therefore bind you to accept, agree and consent to the most recent version of the Terms. When we make material changes to the Terms, we will provide you with notice as appropriate in the circumstances, for example, by displaying a prominent notice or sending you an email. In some cases, we will notify you in advance and, in any event, your continued use of the Service or the Website after the changes have been made will constitute your acceptance of the changes. Therefore, please be sure to read any such notice carefully. If you no longer wish to use the Service or the Website under the new version of the Terms, you may cancel your account by contacting us. If you received a Trial or a paid Subscription through a third party, you must cancel the applicable paid Subscription through such third party, as we are responsible only for purchases and subscription taken directly from our Website and paid directly to us as provided on the Website.
16. Intellectual Property Rights
Unless otherwise specified, all materials appearing on the Website, including text, site design, logos, graphics, icons and images, trademarks and other intellectual property assets, as well as the selection, assembly and arrangement thereof, are our exclusive property. You may use the content of the website only to shop on the website or place an order on the website and for no other purpose. No material from the website may be copied, reproduced, modified, republished, uploaded, downloaded, posted, transmitted or distributed in any form or by any means. Any rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on our website may violate copyright, trademark and other laws, copyright, trademark and other applicable laws and could result in criminal or civil penalties.
17. Payment Methods
Please note that we accept a wide range of payment methods that will be available to you when you subscribe to our services from the website. Please note that these payment methods or gateway options keep changing and therefore we do not guarantee that a specific payment method or gateway will be available at all times on our platform or on the Website. Please note that before making any payment you should also read the terms and conditions imposed by the respective payment provider or third party. If you choose to make payment by a specific payment provider, then you will be bound by the terms and conditions of the respective payment provider.
18. Links to Other Websites
Our website may contain links or pointers to other Internet sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation or content of any such sites. By clicking on a link within our website, we may not advise you that you have left our website and that you are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before providing any confidential information or engaging in any transaction. You should not rely on these terms to govern your use of another website. We are not responsible for the content or practices of any other website, even if it links to our website. You acknowledge and agree that we are not responsible for any content or other materials hosted and served from any website other than our website.
19. Privacy
We keep your personal information private and secure. When you subscribe or order/purchase services using our website, you provide your name, email address, credit card information, address, phone number and a password. We use this information to process your orders, to keep you up to date with your orders and to personalize your experience. Our secure servers protect your information using advanced encryption techniques and firewall technology and other measures listed in our Privacy Policy.
For more details about our privacy policy, data collection and protection and data management, please refer to the documents listed below, which form an integral part of these Terms and are available on our website;
- a. Privacy Policy.
- b. IBP Policy.
20. Refund and Cancellation Policy
We have a robust Refund and Cancellation Policy which forms an integral part of these Terms. For the current version of our Refund and Cancellation Policy, please refer to the website. If the conditions for subscription cancellation or refund are not met, then we have full discretion to charge the subscription amount for the following month.
21. Typographical Errors
In the event that the Services are listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged.
22. Site User Conduct
All users of the Website must be eighteen (18) years of age or older (as required by applicable laws and regulations) and must be eligible to enter into a legally enforceable agreement under the laws and regulations of their local jurisdiction. In connection with the use of the website and its content. Users are not authorized to:
- a. Upload, post, email or otherwise transmit: unlawful, harmful, threatening, abusive, harassing, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise unlawful or objectionable;
- i. content that is unlawful, harmful, threatening, abusive, harassing objectionable;
- ii. content that does not entitle users to transmit under any law or contractual or fiduciary relationship. contractual or fiduciary relationship (such as inside information, proprietary information and confidential proprietary information and confidential information learned or disclosed as part of the as part of employment relationships or under nondisclosure agreements);
- iii. content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party;
- iv. unsolicited advertisements party; iv. unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other "spam" or "chain letters. other form of solicitation;
- v. material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardwarebor telecommunications equipment.
- b. Engaging in disruptive online activities or using viruses, bots, worms, easter eggs, time bombs, spyware, Trojan horses or any other computer code, files or programs that are harmful or invasive or that may be or are intended to damage or hijack the operation of any computer hardware, software or equipment, or to monitor the use thereof;
- c. Use the website for any unlawful purpose;
- d. Interfere with or disrupt the services and content of the website,
- e. Intentionally or unintentionally violate any applicable local, state, national or international law.
- f. Resell, redistribute, broadcast or transfer the information or use information derived from the Service in a searchable, machine-readable database;
23. Representation by the Client
- a. The customer declares that he has the right to enter into a contract in accordance with applicable law.
- b. Customer represents that all information provided by Customer during the purchase of any Service or thereafter is correct.
- c. The Customer agrees that he/she will not make a copy or duplication of any part or content of the Services offered by us, whether by screen recording or otherwise.
- d. Customer represents that it has read all applicable Terms and policies and is in full compliance with them and will remain so in the future.
24. Warranties and Indemnities by Customer and Member
- a. Client has read all applicable Terms and other policies and warrants that he/she is in full compliance with applicable laws, rules, regulations and policies, and shall remain so at all times during the Term in accordance with and shall indemnify our partners and us if he/she breaches any of the Representations made above in these Terms.
- b. In the event that Customer breaches or is reasonably expected to breach any of the foregoing warranties and other terms, in addition to any other remedies available at law or in equity, we shall be entitled to immediately suspend any related Services if we deem it reasonably necessary to do so to avoid any damage to our business.
25. Unilateral Termination Right
We reserve the unilateral right to terminate or cancel Customer's subscription to the Services if we reasonably believe that Customer has engaged or is engaging in the activities listed below;
- a. Activities that cause damage to our goodwill, reputation or business,
- b. Customer engaged in misrepresentation or fraud related to the Services offered by us,
- c. The customer has been charged with criminal conduct in any jurisdiction/country,
- d. For breach of any other terms of the Terms of Use and other applicable policies,
- e. The Customer violates the User Conduct provision of the Site,
- f. Customer violates any of our or our business partners' intellectual property rights,
- g. If we discover that the registered Customer is from the restricted countries as mentioned above,
- h. Customer's providing false, inaccurate or incomplete information; engaging in any conduct that would otherwise prejudice any of our rights or interests in the Website, products, services or other goods; or for any or no reason, may be grounds for termination without notice.
26. Force Majeure
- a. Notwithstanding anything to the contrary contained in the Terms of Use, we shall not be required to provide any Services, in whole or in part, to the extent that the provision of such Services is impracticable as a result of a cause or causes beyond our reasonable control (including due to fire, flood, storm, earthquake or other acts of nature, riot, war, terrorism, rebellion or other acts of war or civil disturbance, utility outages or interruptions, strike, lockout, any law, lawsuit or other requirements of any governmental entity, delay or default by our supplier or Fulfillment Services Provider and all other causes beyond our reasonable control), including infeasible technology requirements, hacks or to the extent that the performance of such Services would require us to violate any applicable law, rule or regulation or result in a breach of any agreement with any third party.
- b. When affected by any such event, we will endeavor to;
- i. Immediately notify the Customer of the occurrence of such event and describe in reasonable detail the nature of the event, and
- ii. Use commercially reasonable efforts to resume performance of its obligations hereunder. its obligations under these Terms and Conditions as soon as reasonably possible.
27. No Waiver
Subject to the Clause setting forth the limitation on bringing the claim, no failure or delay in exercising any right, power or privilege under these Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other exercise or any other right, power or privilege under the Conditions or otherwise. other exercise or any other right, power or privilege under the Conditions or otherwise.
28. Waiver of a Class Action
Where permitted by applicable law and these Terms, the Parties agree that each Party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless explicitly agreed to by both Parties, no arbitrator or judge may consolidate the claims of more than one person or otherwise preside over any form of a representative or class proceeding.
29. Media Contact
The Client or User shall not, without our prior written permission, speak, write or interact in any way with print, electronic, social and/or radio media platforms/media, without our prior written permission, by making false statements or portraying us in a bad light hindering the reputation, goodwill and trust of the Company's other clients and partners in a negative light. If Customer makes a public statement in any form, whether written or oral, for which we have not given prior written permission, then that will be deemed a breach of these Terms at our sole discretion.
30. Terms and Conditions
The law governing these Terms and Conditions shall be the law of Wyoming, United States of America.
31. Multi-Step Dispute Resolution Clause
- a. Negotiation between the Company's executive and the Customer: The Parties shall attempt to promptly resolve any dispute arising out of or relating to these Terms of Use by negotiation between executives who have authority to resolve the dispute and who are at a higher level of management than those with direct management responsibility. To initiate negotiation, a Party must notify the other Party in writing of any dispute that has not been resolved in the ordinary course of business. Within two calendar days of delivery of the notice, both parties shall meet at a mutually acceptable time and place or virtually via a video or audio call, and thereafter as often as they deem reasonably necessary, to attempt to resolve the dispute. All negotiations conducted pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence.
- b. Disputes: If the dispute has not been resolved by negotiation as provided herein, within 10 calendar days of delivery of the initial notice of negotiation, the parties shall refer the dispute for binding resolution to the exclusive jurisdiction of Wyoming, United States of America. Any dispute arising out of the formation, performance, interpretation, interpretation, annulment, termination or invalidation of these Terms of Use or arising out of or in any way connected with these Terms of Use shall be resolved by judicial adjudication in accordance with applicable laws and regulations.
32. Entire Agreement
The Terms of Use and the additional documents/policies listed below constitute the entire understanding between the Parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the Parties acknowledge have been merged into such documents, exhibits, schedules and policies;
- a. Refund and Cancellation Policy,
- b. GDPR Privacy Policy,
- c. Privacy policy,
- d. And any other documents or agreements provided on the Website or separately entered into by the Parties, in which reference is made to the Terms of Use.
33. Non Assignment
The agreement formed between the Parties by acceptance of these Terms of Use and other policies as set forth between the Parties is personal in nature. Customers may not, without Company's prior written consent, assign or transfer any rights or obligations hereunder to any Third Party.
34. Severability
If any clause or specific part of a clause of these terms or applicable policies is held to be illegal, invalid or unenforceable, such clause or part of a clause (to the extent illegal, invalid or unenforceable) shall have no effect and shall be deemed to be not included in the Terms, but this shall not affect the legality, validity or enforceability of any other provision of the Terms. enforceability of any other provision of the Terms.
35. The Predominant Language
These Terms (or any other communication) may be agreed between the Parties in more than one language other than English. In the event of a dispute, the English version shall prevail in all matters relating to these Terms between the Parties.
36. Counterparties
These Terms may be executed in multiple counterparts, including electronically, each of which shall be deemed an original but all of which together shall constitute the same instrument. These Terms may be delivered by e-mail, and e-mail copies of executed signature pages shall be binding as originals.
Preamble
These Terms of Use ("Terms") represent an agreement between our Company and your Customer, superseding all prior negotiations or any agreements, whether written or oral, except as provided in these Terms. Your access to or use of this website or the services offered by us will signify that you have read, understand, and agree to these Terms. By accessing or using this website, subdomain or services, you also represent that you have the legal authority under applicable law (including but not limited to the age requirement) to accept these Terms on behalf of yourself and/or any other person you represent in connection with your use of the website, subdomain or services. If you do not agree to the Terms, you are not authorized to use the Website, subdomain or Services.
1. Definitions
For the purposes of the Terms of Use, the following words/phrases shall have the meanings specified below;
- a) Website: Website shall include all websites and subdomains currently owned or which may be acquired in the future by us.
- b) Third Party: Any party that is not a party to these Terms of Use shall be deemed to be a Third Party to these Terms.
- c) Services: We provide a range of services. Please note that new Services may be added, removed or modified and therefore Customers are requested to visit the Websites to keep updated on the services available on a regular basis.
2. Restriction of Services
We may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to;
- a. Restrict the time of availability,
- b. Restricting the availability and/or scope of the Service for specific platforms (i.e., computer types and operating systems),
- c. Restricting the amount of permitted usage,
- d. Restricting or terminating the right of any user to use all or part of the Service, at any time, at Provider's sole discretion and without notice or liability.
3. License of Use
Subject to these Terms and our policies and other terms, we grant you a limited, personal, non-exclusive, non-transferable, non-transferable, revocable license to use our Services. You agree that you will create, access and/or use only one user account unless expressly authorized by us, and you will not share access or login information for your account with any third party. Your use of our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
4. Security
We care about the security of our users and customers. Although we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account through our Customer Support Portal (https://ievolution.freshdesk.com/en/support/tickets/new).
5. Subscription and Renewal Term (if applicable)
All Customers or Users must renew their subscriptions in a timely manner. Customers or Users may be given a grace period of seven (7) calendar days to renew the subscription upon expiration (entirely at Company's discretion). The term of the renewed period will be effective as of the payment due date and not when payment was made during the grace period.
6. Important Disclaimers
Customer understands and agrees that we are merely Service Providers (where applicable) aggregating the Fulfillment Provider Services and, therefore, we do not guarantee the accuracy, reliability and usefulness of such information. Information provided by us may not be appropriate for all users.
- a. You understand and agree that the Service may include certain communications from us, such as service announcements or administrative messages, and that these communications are part of the Service and you may not opt out of receiving them.
- b. You understand and agree that we provide the Services "AS-IS" and assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings (where applicable). You are responsible for obtaining access to the Service. In addition, you must provide and are responsible for all equipment necessary to access the Service. We will not replace any lost or stolen membership materials, certificates, vouchers or other items received by a member as part of the Services provided by us.
- c. When you subscribe to our Service, you may be offered an automatic renewal. In such event, you agree that immediately prior to the expiration of your subscription, we may charge the payment method you provide to us during registration (or a different payment method if your account information changes) the subscription renewal fee along with any applicable taxes and fees you may incur in connection with your use of the Service. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
- d. Your membership fee will be billed at the beginning of your membership and at each subsequent periodic renewal thereafter unless and until you cancel your membership. All fees, taxes and charges are non-refundable after your applicable cancellation period has expired as described in the Cancellation Policy.
- e. There will be no refunds or credits for partially used periods unless required by applicable law. Your membership will automatically renew for successive periodic subscriptions, without notice, unless and until you cancel your membership or we terminate your membership. You may cancel your auto-renewal subscription at any time by visiting the Customer Care Portal https://ievolution.freshdesk.com/en/support/tickets/new and cancellation will be effective according to our Cancellation Policy. You must cancel your membership before each period renews to avoid billing the next period's membership fees to your Payment Method.
- f. If you wish to use a different Payment Method or if there is a change in the validity or expiration date of your credit card, you may edit your Payment Method information by visiting the Customer Service Portal https://ievolution.freshdesk.com/en/support/tickets/new. If your Payment Method reaches its expiration date, your continued use of the Membership Service constitutes your authorization for us to continue billing that Payment Method and you remain liable for any uncollected amounts. If a charge to your credit card is denied for any reason, we shall have the right to terminate or suspend your membership and your access to the Service effective immediately without notice to you.
- g. We reserve the right to discontinue any Membership Service at any time and to terminate your membership in connection with the discontinuation of the Membership Service without providing any prior notice.
7. Registration or Use of the Website or Services
To use certain services offered by us, you may be required to open an account by completing the registration process. You will also choose a password and user name, and maintaining the confidentiality of your password and account will be your sole responsibility. You expressly agree to absolve our partners from any liability/charges or us in this regard.
8. Geographical Scope of the Website and Services
Our website and services are available globally without any restriction on our part. Therefore, you may access or use our website or services from any jurisdiction in the world, and you do so at your own risk, and you are solely responsible for compliance with local laws or any other applicable national and international laws, sanctions or regulations.
9. Restricted Countries for Services
a. We acknowledge that our website can be accessed from any jurisdiction in the world with or without the use of VPN; however, we do not provide services to residents and companies registered in countries that are currently under sanctions imposed by the United States of America and the United Nations or pursuant to under applicable international laws and guidelines. To view the sanctions and the indicative list of indicative list of countries subject to such sanctions, please visit
- i. https://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx
- ii. https://www.un.org/sc/suborg/en/sanctions/un-sc-consolidated-list
b. Please note that this list is for illustrative purposes only. We are not obligated to provide the full list of sanctioned or prohibited countries, and therefore, customers are expected to do their due diligence before using our website or subscribing to services offered by us.
c. If a Customer is a resident of restricted countries as provided above, then we have the complete discretion to cancel such subscription upon notice to us, without providing any prior notice to the Customer or User in question, and we shall have no obligation to such Customers. Such Clients shall not have any right to request a refund from us; however, we have the discretion whether or not to return any funds transferred by such Clients.
10. Our General Duties
- a. We will always strive to deliver all Services on time and of good quality, to the best of our ability and without interruption by your suppliers and partners.
- b. We will always strive to provide prompt and efficient customer service.
- c. We will provide the Services agreed and paid for to the best of its ability and without interruption by its suppliers and partners.
- d. The Customer has the right to file a complaint about service deficiencies in accordance with the Terms of Use, and other policies agreed between the Parties.
11. Customer Support
For customer support regarding an account, reservation, payment and service related questions ("Customer Support Inquiries"), please submit a ticket to our Customer Service Department using the Customer Service Portal - https://ievolution.freshdesk.com/en/support/tickets/new">https://ievolution.freshdesk.com/en/support/tickets/new.
We will do our best to respond to all Customer Support Inquiries within a reasonable timeframe, but we do not promise that any Customer Support Inquiry will be responded to within a particular timeframe and/or that we will be able to respond to such inquiries.
12. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
13. Limitation on Filing Your Claim
Customer agrees that any cause of action arising out of or related to use of the Website or the Services must be commenced within one (1) year after the cause of action otherwise accrues, such cause of action shall be permanently barred to the extent permitted by applicable law.
14. Disclaimer and Limit of Liability
- a. You understand and agree that we provide the Services on an "as is, with all faults and as available" basis. You agree that your use of our website or the Services is at your risk. All warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are excluded. We make no representations, warranties or guarantees of any kind, whether express or implied, and expressly disclaim any and all representations and warranties as to the;
- i. the accuracy, adequacy, reliability, completeness, suitability or applicability of the information, content, data, products and/or services, merchantability or any warranty of merchantability or any warranty of fitness for a particular purpose;
- ii. that the Services will be uninterrupted, timely, secure or error-free; or that all deficiencies, errors, defects or non-conformities will be corrected;
- iii. the quality of any service, content, information, data or other material on our website will meet your requirements; and on our website will meet your expectations or requirements;
- iv. any errors on the website will be corrected;
- v. warranties against infringement of any intellectual property or proprietary rights of any third party; or third party intellectual property or proprietary rights; or other warranties relating to performance, non-performance or other acts or omissions, performance or other acts or omissions of our officers, directors, employees, affiliates, agents, licensors or suppliers, etc.
- vi. We make no warranty that any of the software or applications used or licensed in connection with the licensed in connection with the Services will be compatible with any other third party software or third party programs or devices, nor do we warrant that the operation of the Services and the Services and associated software will not damage or disrupt other software or hardware. We, our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including suppliers (including content distributors and licensors) shall not, at any time, be liable, at any time, for any direct, indirect, punitive, incidental, special, special, consequential, punitive, incidental, special punitive, incidental, special, consequential damages, arising out of or in any way connected related in any way to the use of our website or the Services, whether based in contract, tort, strict in contract, tort, strict liability or other theory, even if we have been advised of the possibility of damages. advised of the possibility of damages.
- b. We, our officers, managers, members, employees, attorneys or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but is not limited to use of the services offered by us, data and loss of profits on any theory of liability that may arise on or out of connection with the ability or inability of the services offered by us or the materials on the website. The fact remains true notwithstanding any advice given to us or any of your representatives as to the possibility of such damages. The limitation and exclusion of incidental or consequential damages may not apply to everyone, as some jurisdictions do not allow it. Liability shall be limited to the maximum extent permitted by applicable law if any authority holds any part of this section to be unenforceable.
- c. In the event that any exclusion contained herein shall be deemed invalid for any reason, we or any of our affiliated entities, officers, directors or employees shall be liable for any loss or damage, then any liability of us or any of our affiliated entities, officers, directors or employees shall be limited to not to exceed the subscription charges paid by you in the month in which the subscription charges were paid by you in the month in which the subscription charges were paid. paid by you in the month prior to the date of your claim for the particular subscription chosen by you.
15. Right to Modify Terms Reserved
Customer agrees that we have the right to make changes, modifications, amendments, alterations or deletions to any content of these Terms of Use at any time. Due to timely updates, Customers are expected to regularly visit the Website to identify revisions to which they are bound. Use of the Website or subscription to the Services after changes are made means the updated Terms therefore bind you to accept, agree and consent to the most recent version of the Terms. When we make material changes to the Terms, we will provide you with notice as appropriate in the circumstances, for example, by displaying a prominent notice or sending you an email. In some cases, we will notify you in advance and, in any event, your continued use of the Service or the Website after the changes have been made will constitute your acceptance of the changes. Therefore, please be sure to read any such notice carefully. If you no longer wish to use the Service or the Website under the new version of the Terms, you may cancel your account by contacting us. If you received a Trial or a paid Subscription through a third party, you must cancel the applicable paid Subscription through such third party, as we are responsible only for purchases and subscription taken directly from our Website and paid directly to us as provided on the Website.
16. Intellectual Property Rights
Unless otherwise specified, all materials appearing on the Website, including text, site design, logos, graphics, icons and images, trademarks and other intellectual property assets, as well as the selection, assembly and arrangement thereof, are our exclusive property. You may use the content of the website only to shop on the website or place an order on the website and for no other purpose. No material from the website may be copied, reproduced, modified, republished, uploaded, downloaded, posted, transmitted or distributed in any form or by any means. Any rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on our website may violate copyright, trademark and other laws, copyright, trademark and other applicable laws and could result in criminal or civil penalties.
17. Payment Methods
Please note that we accept a wide range of payment methods that will be available to you when you subscribe to our services from the website. Please note that these payment methods or gateway options keep changing and therefore we do not guarantee that a specific payment method or gateway will be available at all times on our platform or on the Website. Please note that before making any payment you should also read the terms and conditions imposed by the respective payment provider or third party. If you choose to make payment by a specific payment provider, then you will be bound by the terms and conditions of the respective payment provider.
18. Links to Other Websites
Our website may contain links or pointers to other Internet sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation or content of any such sites. By clicking on a link within our website, we may not advise you that you have left our website and that you are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before providing any confidential information or engaging in any transaction. You should not rely on these terms to govern your use of another website. We are not responsible for the content or practices of any other website, even if it links to our website. You acknowledge and agree that we are not responsible for any content or other materials hosted and served from any website other than our website.
19. Privacy
We keep your personal information private and secure. When you subscribe or order/purchase services using our website, you provide your name, email address, credit card information, address, phone number and a password. We use this information to process your orders, to keep you up to date with your orders and to personalize your experience. Our secure servers protect your information using advanced encryption techniques and firewall technology and other measures listed in our Privacy Policy.
For more details about our privacy policy, data collection and protection and data management, please refer to the documents listed below, which form an integral part of these Terms and are available on our website;
- a. Privacy Policy.
- b. IBP Policy.
20. Refund and Cancellation Policy
We have a robust Refund and Cancellation Policy which forms an integral part of these Terms. For the current version of our Refund and Cancellation Policy, please refer to the website. If the conditions for subscription cancellation or refund are not met, then we have full discretion to charge the subscription amount for the following month.
21. Typographical Errors
In the event that the Services are listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged.
22. Site User Conduct
All users of the Website must be eighteen (18) years of age or older (as required by applicable laws and regulations) and must be eligible to enter into a legally enforceable agreement under the laws and regulations of their local jurisdiction. In connection with the use of the website and its content. Users are not authorized to:
- a. Upload, post, email or otherwise transmit: unlawful, harmful, threatening, abusive, harassing, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise unlawful or objectionable;
- i. content that is unlawful, harmful, threatening, abusive, harassing objectionable;
- ii. content that does not entitle users to transmit under any law or contractual or fiduciary relationship. contractual or fiduciary relationship (such as inside information, proprietary information and confidential proprietary information and confidential information learned or disclosed as part of the as part of employment relationships or under nondisclosure agreements);
- iii. content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party;
- iv. unsolicited advertisements party; iv. unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other "spam" or "chain letters. other form of solicitation;
- v. material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardwarebor telecommunications equipment.
- b. Engaging in disruptive online activities or using viruses, bots, worms, easter eggs, time bombs, spyware, Trojan horses or any other computer code, files or programs that are harmful or invasive or that may be or are intended to damage or hijack the operation of any computer hardware, software or equipment, or to monitor the use thereof;
- c. Use the website for any unlawful purpose;
- d. Interfere with or disrupt the services and content of the website,
- e. Intentionally or unintentionally violate any applicable local, state, national or international law.
- f. Resell, redistribute, broadcast or transfer the information or use information derived from the Service in a searchable, machine-readable database;
23. Representation by the Client
- a. The customer declares that he has the right to enter into a contract in accordance with applicable law.
- b. Customer represents that all information provided by Customer during the purchase of any Service or thereafter is correct.
- c. The Customer agrees that he/she will not make a copy or duplication of any part or content of the Services offered by us, whether by screen recording or otherwise.
- d. Customer represents that it has read all applicable Terms and policies and is in full compliance with them and will remain so in the future.
24. Warranties and Indemnities by Customer and Member
- a. Client has read all applicable Terms and other policies and warrants that he/she is in full compliance with applicable laws, rules, regulations and policies, and shall remain so at all times during the Term in accordance with and shall indemnify our partners and us if he/she breaches any of the Representations made above in these Terms.
- b. In the event that Customer breaches or is reasonably expected to breach any of the foregoing warranties and other terms, in addition to any other remedies available at law or in equity, we shall be entitled to immediately suspend any related Services if we deem it reasonably necessary to do so to avoid any damage to our business.
25. Unilateral Termination Right
We reserve the unilateral right to terminate or cancel Customer's subscription to the Services if we reasonably believe that Customer has engaged or is engaging in the activities listed below;
- a. Activities that cause damage to our goodwill, reputation or business,
- b. Customer engaged in misrepresentation or fraud related to the Services offered by us,
- c. The customer has been charged with criminal conduct in any jurisdiction/country,
- d. For breach of any other terms of the Terms of Use and other applicable policies,
- e. The Customer violates the User Conduct provision of the Site,
- f. Customer violates any of our or our business partners' intellectual property rights,
- g. If we discover that the registered Customer is from the restricted countries as mentioned above,
- h. Customer's providing false, inaccurate or incomplete information; engaging in any conduct that would otherwise prejudice any of our rights or interests in the Website, products, services or other goods; or for any or no reason, may be grounds for termination without notice.
26. Force Majeure
- a. Notwithstanding anything to the contrary contained in the Terms of Use, we shall not be required to provide any Services, in whole or in part, to the extent that the provision of such Services is impracticable as a result of a cause or causes beyond our reasonable control (including due to fire, flood, storm, earthquake or other acts of nature, riot, war, terrorism, rebellion or other acts of war or civil disturbance, utility outages or interruptions, strike, lockout, any law, lawsuit or other requirements of any governmental entity, delay or default by our supplier or Fulfillment Services Provider and all other causes beyond our reasonable control), including infeasible technology requirements, hacks or to the extent that the performance of such Services would require us to violate any applicable law, rule or regulation or result in a breach of any agreement with any third party.
- b. When affected by any such event, we will endeavor to;
- i. Immediately notify the Customer of the occurrence of such event and describe in reasonable detail the nature of the event, and
- ii. Use commercially reasonable efforts to resume performance of its obligations hereunder. its obligations under these Terms and Conditions as soon as reasonably possible.
27. No Waiver
Subject to the Clause setting forth the limitation on bringing the claim, no failure or delay in exercising any right, power or privilege under these Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other exercise or any other right, power or privilege under the Conditions or otherwise. other exercise or any other right, power or privilege under the Conditions or otherwise.
28. Waiver of a Class Action
Where permitted by applicable law and these Terms, the Parties agree that each Party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless explicitly agreed to by both Parties, no arbitrator or judge may consolidate the claims of more than one person or otherwise preside over any form of a representative or class proceeding.
29. Media Contact
The Client or User shall not, without our prior written permission, speak, write or interact in any way with print, electronic, social and/or radio media platforms/media, without our prior written permission, by making false statements or portraying us in a bad light hindering the reputation, goodwill and trust of the Company's other clients and partners in a negative light. If Customer makes a public statement in any form, whether written or oral, for which we have not given prior written permission, then that will be deemed a breach of these Terms at our sole discretion.
30. Terms and Conditions
The law governing these Terms and Conditions shall be the law of Wyoming, United States of America.
31. Multi-Step Dispute Resolution Clause
- a. Negotiation between the Company's executive and the Customer: The Parties shall attempt to promptly resolve any dispute arising out of or relating to these Terms of Use by negotiation between executives who have authority to resolve the dispute and who are at a higher level of management than those with direct management responsibility. To initiate negotiation, a Party must notify the other Party in writing of any dispute that has not been resolved in the ordinary course of business. Within two calendar days of delivery of the notice, both parties shall meet at a mutually acceptable time and place or virtually via a video or audio call, and thereafter as often as they deem reasonably necessary, to attempt to resolve the dispute. All negotiations conducted pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence.
- b. Disputes: If the dispute has not been resolved by negotiation as provided herein, within 10 calendar days of delivery of the initial notice of negotiation, the parties shall refer the dispute for binding resolution to the exclusive jurisdiction of Wyoming, United States of America. Any dispute arising out of the formation, performance, interpretation, interpretation, annulment, termination or invalidation of these Terms of Use or arising out of or in any way connected with these Terms of Use shall be resolved by judicial adjudication in accordance with applicable laws and regulations.
32. Entire Agreement
The Terms of Use and the additional documents/policies listed below constitute the entire understanding between the Parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the Parties acknowledge have been merged into such documents, exhibits, schedules and policies;
- a. Refund and Cancellation Policy,
- b. GDPR Privacy Policy,
- c. Privacy policy,
- d. And any other documents or agreements provided on the Website or separately entered into by the Parties, in which reference is made to the Terms of Use.
33. Non Assignment
The agreement formed between the Parties by acceptance of these Terms of Use and other policies as set forth between the Parties is personal in nature. Customers may not, without Company's prior written consent, assign or transfer any rights or obligations hereunder to any Third Party.
34. Severability
If any clause or specific part of a clause of these terms or applicable policies is held to be illegal, invalid or unenforceable, such clause or part of a clause (to the extent illegal, invalid or unenforceable) shall have no effect and shall be deemed to be not included in the Terms, but this shall not affect the legality, validity or enforceability of any other provision of the Terms. enforceability of any other provision of the Terms.
35. The Predominant Language
These Terms (or any other communication) may be agreed between the Parties in more than one language other than English. In the event of a dispute, the English version shall prevail in all matters relating to these Terms between the Parties.
36. Counterparties
These Terms may be executed in multiple counterparts, including electronically, each of which shall be deemed an original but all of which together shall constitute the same instrument. These Terms may be delivered by e-mail, and e-mail copies of executed signature pages shall be binding as originals.
