This User Agreement and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which WEB-SOLUTIONS LTD offers you access to and use of iShipNet Services. All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all of the terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: WEB-SOLUTIONS LTD, 12 Iliantsy Blvd, Serdika Municipality, Sofia, Bulgaria. In this User Agreement, this entity is individually and collectively referred to as "iShipNet," "we," or "us."

About iShipNet Marketplace

iShipNet offers this marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. iShipNet is not a traditional auctioneer.

While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, iShipNet has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using iShipNet

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an iShipNet policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy;
  • When an Auction ends with a winner, or an order is placed, ishipNet Charges commissions to the seller. These commissions will be paid to iShipNet regardless of what both parties (Buyer and Seller) agree after transaction. In case of an unpaid item, please reffer to Unpaid item policy;
  • fail to deliver items sold by you, unless you have a valid reason as set out in an iShipNet policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems;
  • transfer your iShipNet account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm iShipNet or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of iShipNet;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to iShipNet. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to iShipNet or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that you do not have the right or authority to post;
  • commercialize any iShipNet application or any information or software associated with such application, except with the prior express permission of iShipNet;
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures we use to provide the Services.
  • Buyer's and Seller's obligations to iShipnet when items are bought or sold.

If we believe you are abusing iShipNet and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to our Services, delay or remove hosted content, remove any special status associated with your account, remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating the policy on Offers to buy or sell outside of iShipNet, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account and application of fees. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of iShipNet, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings, account features, application of fees and penlty fees or suspension of your account.

We reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees

The fees we charge for using iShipNet Marketplace are listed on fees page. We may change our seller fees from time to time by posting the changes on iShipNet site 15 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all iShipNet Services, even if sales terms are finalized or payment is made outside of iShipNet. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of iShipNet, you may be liable to pay the final value fees (commissions) applicable to that item, even if the item doesn't sell, given your usage of iShipNet Services for the introduction to a buyer.

Seller fees don't purchase exclusive rights to item exposure on iShipNet, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our services.

Listing Conditions

When listing an item, you agree to comply with iShipNet's Listing policies and Selling practices policy and that:

  • You are responsible for the accuracy and content of the listing and item offered
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). iShipNet can't guarantee exact listing durations
  • Content that violates any of iShipNet's policies, may be modified, obfuscated or deleted at iShipNet's discretion
  • We may revise product data associated with listings to supplement, remove, or correct information
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    - buyer's location, search query, browsing site, and history;
    - item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    - seller's history, including listing practices, Detailed Seller Ratings, iShipNet policy compliance, Feedback, and defect rate; and
    - number of listings matching the buyer's query
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer
  • Some advanced listing upgrades will only be visible on certain Services
  • iShipNet's Duplicate listings Policy may also affect whether your listing appears in search results
  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers


Purchase Conditions

When buying an item, you agree to the Rules and policies for buyers and that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy
  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted)
  • We do not transfer legal ownership of items from the seller to the buyer


Content

When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against iShipNet, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. iShipNet takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including iShipNet users). You may use that content solely in your iShipNet listings. iShipNet may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that iShipNet is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

The name "iShipNet" and other iShipNet marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of iShipNet in any country. They may not be used without the express written prior permission of iShipNet.

Notice for Claims of Intellectual Property Violations and Copyright Infringement

We respond to notices of alleged copyright infringement. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

Analyzing Message Content

iShipNet's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of iShipNet's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. iShipNet may store message contents, including to conduct this scanning and analysis.

Privacy of Others; Marketing

If iShipNet provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in iShipNet's applications may not occur in real time. Such functionality is subject to delays beyond iShipNet's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using the Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by iShipNet;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any iShipNet Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing iShipNet Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of iShipNet's Services or your breach of any law or the rights of a third party.

General

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the iShipNet.com.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and iShipNet, and supersede all prior understandings and agreements of the parties.