1. THIS MEMBERSHIP AGREEMENT
a) The terms and conditions outlined in this Membership Agreement apply to the users of all the sites that come under the website of Ionicware Inc. This Membership Agreement is binding upon on anybody agreeing to use this sites.
b) Please read this Membership Agreement carefully and if you don't want to abide by these rules, then please immediately stop using the sites.
c) Users must read and accept this Membership Agreement which is applicable to the use of this site.
2. TERMS OF MEMBERSHIP
The following terms and conditions are applicable to those wishing to become members of these sites and wanting to
Sell and supply Products;
a) Only those over 18 years of age are permitted to use this site and to be a member. Furthermore membership is open only to those approved by the administrators of the site, and Ionicware.com reserves the right of refusal.
b) To become a member you need to give certain details for registration as described on the site.
c) You can become a member free of charge, but cannot transfer the membership to any third party.
d) The right to terminate the membership is with us only and your membership can be terminated at any time if you do any of the following:
If you break any of the terms and conditions of this Membership Agreement
If you do not give details that can be satisfactorily verified or authenticated
If you engage in actions which may result in legal liabilities for you, our users, or us
It should be noted that the above list is not exhaustive, and certain other conditions governing the use of the site are applicable.
This Membership Agreement is applicable as long as you are a member of any of the sites of Ionicware.com, though this clause does not limit the generality of any other clause of this agreement, and the applicability is subjected to the terms and conditions as spelled out in clause 9.
4. THE IMPORTANCE OF YOUR USERNAME AND PASSWORD
a) By becoming a member you agree to be responsible for any access or use of the Membership and Admin Areas of the sites through your username and password.
b) By becoming a member you agree that your username and password will constitute the conclusive evidence of your access and use of the Membership and Admin Areas of the sites.
c) You indemnify us, related corporate bodies, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) against any claim by a third party arising out of any breach of these terms and conditions either by you or by any person using your username or password, whether or not you have authorised that person to use them.
d) You can change your password at any time in the Membership and Admin Area.
e) If you forget your password you can be sent a new one. Just provide your username and we will send you a new password. And if you forget your username as well as your password, then provide your email and we will send you out the username and password associated with that email address.
5. SITE ROLE
The main point you must be aware of is that the sites themselves are independent of the authors of the files. We act as a platform where our members can offer, sell, and buy products available on the site. Apart from this we are not in any way connected with any transaction between the buyer and seller using our site. So, if you have any query regarding the modification of a file, you will need to address this directly to the author, and you will find a special form that will enable you to do this on the site.
We offer no guarantee regarding the quality, safety, legality, truth or accuracy of the products, product descriptions or content uploaded by users of the site.
We offer no guarantee in relation to the completion of the transaction by the buyers or sellers, and no guarantee in relation to the legality of their transactions.
6. WE ARE NOT AN AGENCY
This agreement does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you as a user and us as independent contractor.
7. WE ACT AS A CASHIER
We provide you with services only in the capacity of an independent contractor (cashier) and we act on your behalf to charge the specific credit card, or to assign PayPal to charge a PayPal account for the instructed amount, or to do similar for any of the other numerous payment systems we use.
In no way can we be construed as a licensed financial service provider or banking service provider. You also agree and acknowledge that we are not acting as a fiduciary or an escrow with respect to your funds and that you will not receive any interest or any other earnings from us on any funds we receive on your behalf.
8. YOU AGREE TO RELEASE US FROM LIABILITY
If you have any problems with any other members, you can contact us. However, in the case of you entering into any dispute or breach of agreement with one or more members of the sites you agree to not to make Ionicware.com (nor our officers, directors, agents, affiliates, subsidiaries or employees), a party to such disputes, and you agree to release us from all claims, demands and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or breaches.
9. AMENDMENTS TO TERMS AND CONDITIONS
Only Ionicware.com has the right to amend this Membership Agreement, and in the case of such amendments, these will be effective immediately after the notification on the site of such amendments. If you continue to use this site after such notification you will be considered as agreeing to the amended agreement.
10. OBLIGATIONS OF THE MEMBERS
10 A - AS A PURCHASER THE PREPAID PURCHASE SYSTEM
If you decide to use the prepay facility, you warrant and guarantee that the credit card, cheque, PayPal or the details of any other payment method, available on the site, provided by you, are correct and you have the authority to enter into a transaction based upon those details.
You also agree and authorize us to obtain the funds you have instructed us to collect on your behalf and transfer those funds to the designated recipient or to a pooled account controlled by us.
OUR RIGHT TO CANCEL THE TRANSACTION
In the case of products and services being listed at an incorrect price or with incorrect information due to a typographical error or similar oversight despite all reasonable precautions, we reserve the right to cancel the transaction.
In the case of your credit card being charged for such a purchase, we will immediately issue a credit to your credit card account for the amount in question.
PURCHASES MADE ON THE SITE
You agree not to make any cancellation once you have submitted an order.
We are not responsible for the availability of the products advertised or made available on this site.
The products you order will be delivered to you in the manner described on this site.
There will not be any transfer of title of the product until payment has been received.
The products on the site are offered for sale only to persons who can make legally binding contracts.
LICENCE TO USE THE PRODUCTS YOU PURCHASE ON THIS SITE
After purchasing the product you enjoy a limited license to use the product. The license is limited to your use only, and you agree not to engage, directly or indirectly, without the written consent of us or the supplying member, in any licensing, sublicensing, promotion, advertising or distribution of the product.
On your direction we will refund any outstanding cash to your PayPal or other account.
10 B - AS A SUPPLIER
You allow us to use your product(s) from time to time in the promotion of the site, our affiliated businesses or other websites.
You warrant that the product does not infringe the Intellectual Property Rights of any person. In the case of any third party alleging that the product infringes any such Intellectual Property Rights, you agree to fully indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by such a third party.
We will forward to you at least 50% of the sales proceeds after completion of the purchase process unless stated otherwise. The rest of the sales proceeds is our service fee and will be collected by Ionicware.com
In the case of us or the customer being prevented or restrained from using the product for any reason, you agree that you will not be entitled to any remuneration.
If not otherwise mentioned in this agreement, your the remuneration will be the total amount payable to you.
We have the right to approve or disapprove any product, and only approved products are featured on the site. We are not liable to extend any explanation as to the reasons for disapproving your product.
In the event of us rejecting your offer, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
CONTENT REVISION AND REMOVAL OF PRODUCTS
All the featured products have been approved by us, but we do not warrant that products have been reviewed and we are not responsible for their use, content, quality or consequences.
We reserve the right to remove and/or delete products on our site without notice and we will not be responsible for any loss because of such removal.
YOUR PRODUCT AND ADVERTISING ON THE SITE
You must be legally able to supply and sell the product you upload for sale on the site and you are exclusively responsible for your product and any product description.
You must also make sure that your product and product description meet the following requirements:
that it is not false, inaccurate or misleading;
that it is not a fraudulent, stolen or unlawful item;
is not in infringement of any third party's copyright, patent, trade mark, trade secret, or other proprietary rights, or rights of publicity or privacy;
that it does not violate any applicable law, statute, ordinance or regulation, (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, anti-discrimination, trade practices or fair trading laws);
that it not be defamatory, trade libellous, unlawfully threatening, or unlawfully harassing;
that it not be obscene or contain child pornography, or, if otherwise adult in nature or harmful to a person under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
that it shall not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
that it shall not create liability for us or cause us to lose (in whole or in part), the services of our ISP or other supplies;
that it shall not list any item on our site (or complete any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
REMOVAL OF FILES FROM SITE
You have the facility to remove individual files yourself, but if there is a large number that you want to remove and you need us to do it for you, please let us know and we will aim to remove them within five working days.
TERMINATION OF SUPPLIER MEMBERSHIP
You may terminate this Agreement at any time. Upon termination of your access to your portions of the Site, you agree to forfeit all download funds remaining in member’s account.
You agree to defend, indemnify and hold harmless Ionicware.com, its affiliates and respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Ionicware.com by Member or Member’s Account.
Ionicware.com, its logos and slogans are trademarks of Ionicware Inc. All rights reserved. All other trademarks appearing on Ionicware.com are the property of their respective owners.