Terms and Conditions
These Terms of Service were last updated on 1st March, 2019
These Terms of Service (“Terms of Service”, “Terms”,) are between you (the “User”, “you” or “your”) and Kresko LLC, which is doing business as Sellerwiz (“Sellerwiz”, “we”, “us” or “our”). This website (the “Website”) is operated and owned by Sellerwiz.
Please read these Terms of Service carefully before accessing or using this Website as they contain important information regarding your legal rights, remedies and obligations. These Terms of Service apply to all users of this Website. If you do not agree to all the provisions of these Terms of Service you may not access or use this Website or any of the services provided by this Website (“Services”); By using any part of this Website, Services or when downloading, installing, activating or using Sellerwiz application you agree to be bound by these Terms of Service.
We reserve the right to update, amend or replace any part of these Terms of Service by posting updates and/or changes to this Website. We may but have no obligation to specifically notify you about any such updates and/or changes. Any updates and/or changes, amendments or modifications to these Terms of Service will be posted on this page. The new terms will be displayed on-screen and you may be required to read and accept them to continue your use of this Website or Services..
SECTION 1 – ACCESSING THE WEBSITE
This Website may only be used by natural persons, companies or other legal entities who have the legal capacity to enter into legally binding contracts under the law applicable in their country of residence. By agreeing to these Terms of Service, you represent that you are of legal age in your country of residence. You may not use this Website and/or any of our products and services provided by this Website for any illegal or unauthorized purpose.
SECTION 2– LICENSE, FEES AND PAYMENT TERMS
In consideration for your use of Services we provide you non-exclusive, non-transferable, unlimited in territory, fee based and revocable license to use our Application (the “Licensed Application”). When using our Services and Application we will offer you to select one of our subscription plans. Once subscription plan is selected, you shall pay us fee in accordance with such subscription plan (“Subscription Fee”). All Subscription Fees paid under these Terms shall be non-refundable. Sellerwiz reserves the right to automatically increase the Subscription Fee to the then-current subscription fee charged by Sellerwiz at the commencement of each renewal term of your subscription plan.
The Subscription Fee shall be debited in advance from the account provided by you with the frequency in accordance with selected subscription plan. In the event any past due amount is not paid, we may suspend performance of the Services until all past due amounts have been paid, without incurring any obligation or liability to you.
SECTION 3 – FREE TRIAL PERIOD AND SUBSCRIPTIONS
You can register free trial account on the Website. Upon confirmation of your registration with Sellerwiz, you shall be provided a 15-day free trial period to use Services. After the completion of the 15-day free trial, if you wish to continue your use of the Services you can upgrade to any of our subscription plans. For further assistance, regarding the upgrade, feel free to contact our customer support and they will be delighted to help you out.
After trial period is expired your use will automatically be discontinued. Hence, you will not be able to access the user account and related information. After you selected subscription plan we will bill you on monthly basis in advance. You will be automatically billed every month as long as you don’t cancel your account.
All the payments made under subscription plans are non-refundable. There will be no refunds provided in case of partial months of Service, for months of an unused running account and for any upgrades/downgrades. You can downgrade or upgrade your subscription plan at any time. Downgrading of your subscription plan may result in loss of features and content and we should not be held liable for such losses.
Sellerwiz shall provide you with Services based on subscription model as more specifically set forth on our Subscription plans page at _____________________ (“Subscription Plan Description”) which is incorporated herein by this reference. The Subscription Plan Description shall identify the number access credentials, subscription fees and any other compensation to be paid; but shall not modify any other term or condition of these Terms. In the event there is a conflict between any Subscription Plan Description and the Terms, the Terms shall prevail.
SECTION 4 – AVAILABILITY OF WEBSITE AND SERVICES AND UPDATES
We will use commercially reasonable efforts to make the Website, Services available at all times. However, we make no guarantee of uninterrupted use or operation of the Website, Services. We may temporarily or permanently suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service improvements, maintenance or repair, for nonpayment of subscription fees, or for any other reason deemed necessary or desirable by us or beyond our control.
We reserve the right, in our sole discretion, to make any changes to the Website or Services, without the consent of User, that it deems necessary or useful to maintain or enhance the quality or delivery of the Website or Services to User(s) or to comply with applicable law.
SECTION 5 – PROHIBITED USES
User shall not, and shall not permit any other person to, access or use the Services except as expressly permitted by these Terms. For purposes of clarity and without limiting the generality of the foregoing, User shall not: (a) copy, modify or create derivative works or improvements of the Services or any other materials that may be provided to User by Sellerwiz during the User’s use of the Services (the “Sellerwiz materials”); (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any Sellerwiz materials to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or any Sellerwiz materials, in whole or in part; (d) bypass or breach any security device or protection used by the Services or any Sellerwiz materials or access or use the Services or Sellerwiz materials other than by an authorized User through the use of valid access credentials (i.e login and password); (e) input, upload, transmit or otherwise provide to or through the Services or any Sellerwiz materials, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code or software or upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services or of any related website, other websites, or the Internet; (f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services or any Sellerwiz materials, Sellerwiz systems, or Sellerwiz provision of the Services; (g) remove, delete, alter or obscure any trademarks, documentation, warranties or disclaimers, or any or any intellectual property rights notices from the Services; (h) access or use the Services or any Sellerwiz materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property rights or other rights of Sellerwiz or any third party, or that violates any applicable law; (i) access or use the Services or any Sellerwiz materials for purposes of competitive analysis of the Services, the development, provision or use of a competing software service or product or any other purpose that is to the Sellerwiz detriment or commercial disadvantage. In addition to other prohibitions as set forth above, User is prohibited from using this Website or its content: (j) for any unlawful purpose; (k) to solicit others to perform or participate in any unlawful acts; (l) to violate any international, federal, provincial or state regulations, rules, laws; (m) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Sellerwiz reserves the right to terminate User’s use of this Website or Service at any time due to User’s performing of any of the prohibited uses or violation of these Terms.
SECTION 6 – CORRECTIVE ACTION AND NOTICE
In the event User becomes aware of any activity prohibited by Section 5, User shall immediately take all reasonable and lawful measures within its respective control that are necessary to stop the activity and to mitigate its effects and notify Sellerwiz of any such activity.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to optional third-party tools (“third party tools”, “optional tools”) over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such optional tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional tools. Any your use of optional tools offered through this Website is entirely at your own risk and discretion and you should ensure that you have read, understood and accepted the terms on which optional tools are provided by the relevant third-party provider(s) before using them.
SECTION 8 – THIRD-PARTY LINKS
We may, from time to time in our sole discretion, engage third parties to market, sell and/or perform Services in connection with performance of these Terms and provision of Services to you.
Certain content, products, and services available through this Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating any third party content or its accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS
Any communications or materials of any kind that you e-mail, physically mail, telephone or otherwise transmit through the Website, including your comments, feedbacks, other information, questions or suggestions (“User Communications”) will be treated as non-proprietary and non-confidential.
We reserve the right and may use User Communications in any way and on our own discretion either on the Website or elsewhere with no liability or obligation to you.
We may monitor any User Communications for the security purposes. We shall not be responsible for any costs, damages, expenses or any other liabilities incurred as a result of its monitoring activities.
We may, but have no obligation to, monitor, edit or remove any User Communications that we determine unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or such that violates these Terms of Service or any third party rights.
You agree that your comments or any other communication shall not violate any right of any third party (including without limitation copyright, trademark, privacy, personality or other personal or proprietary rights). You also agree that your comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website or related Services. You agree that you shall not use false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for any comments posted by you or any third-party on this Website.
SECTION 10 – PERSONAL DATA
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Website or Service that contains typographical errors, inaccuracies or omissions that may relate to any information presented on this Website (including without limitation product descriptions, pricing, promotions or offers) or Service. We reserve the right but have no obligation to correct any errors, inaccuracies or omissions, and to amend or update information if any information on this Website at any time without prior notice.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Sellerwiz does not guarantee, represent or warrant that your use of the Website or Services will be uninterrupted, timely, secure or error-free. In no event will Sellerwiz be liable under or in connection with these Terms under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, for any: (a) loss of production, use, business, revenue or profit; (b) impairment, inability to use or loss, interruption or delay of the Services, (c) loss, damage, corruption or recovery of data, or breach of data or system security, or (d) consequential, incidental, indirect, exemplary, special, enhanced or punitive damages, regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
In no event will the aggregate liability of Sellerwiz under or in connection with the Terms or its subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, exceed the average monthly subscription fee.
Where some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sellerwiz and its affiliates (including without limitation parent companies, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use this Website or any of Services. You also may terminate these Terms of Services by ceasing your use of this Website. In cases when you are using any of our subscription plans, you should cancel your subscription first before termination of these Terms, your use if Website or Services.
In cases when we know you have failed or we have grounds to consider you have failed, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate your use of this Website or Services at any time without notice.
SECTION 16 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver from such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us. These Terms of Service govern your use of this Website an any of Services and supersede any prior agreements, communications and proposals, whether verbal or written between you and us (including without limitation any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – ATTORNEY’S FEES AND GOVERNING LAW
In the event that Sellerwiz prevails in any legal proceeding brought for breach of the Terms by the User, Sellerwiz shall be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
You hereby explicitly agree that any litigation involving any noncompliance with or breach of the Terms, or regarding the interpretation, validity and/or enforceability of the Terms, shall be filed and conducted exclusively in a court of competent jurisdiction in State of New Jersey, USA.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey, USA.
SECTION 18 – INTELLECTUAL PROPERTY
All materials published on this Website are protected by copyright laws and may not be reproduced, republished, distributed, transmitted or otherwise exploited in any manner without the express written permission of Sellerwiz.
In the event you believe that any content posted on this Website infringes your copyright or other intellectual-property rights, please contact us at: firstname.lastname@example.org
SECTION 19 – CONTACT DETAILS
If you have any questions or concerns about these Terms of Service please feel free to contact us at any time via email: email@example.com