Big Internet eCommerce / Big Internet Seller Services Inc
This Information Technology Services Agreement is a legal agreement between you, referred to as the Customer, and Big Internet eCommerce / Big Internet Seller Services Inc, whose registered office is at 3408 Crowley Drive, Vancouver, British Columbia, Canada V5R 6C3.
This agreement governs your use of the capabilities provided by the Big Internet eCommerce / Big Internet Seller Services Inc computer information system, software product, data, printed materials, and online or electronic documentation.
By utilizing the software or services, you agree to the terms of this agreement. If you do not agree with these terms, you must discontinue use of the software and services.
The Contractor has full legal rights and power to render services in connection with the introduction and support of the software. The system is designed to assist professional sellers, whether private individuals or legal entities, who wish to communicate with customers and manage seller-related activities on online trading platforms.
The services offered by the Contractor are accessible through the website at old.biginternetcommerce.com.
By using the services, you warrant that:
You must provide accurate information about your identity, address, products, and platform activity, and you must update such information promptly when needed.
You agree not to use the software or services to sell illegal products, infringe third-party rights, violate public decency, breach platform terms, or publish offensive, defamatory, threatening, obscene, spam-related, or virus-containing content.
You are responsible for ensuring that you have the necessary rights to advertise, offer, and sell products through the platforms you use.
You must provide the Contractor with all information reasonably requested to enable full use of the software and related services.
The Contractor will provide confirmation once your order is accepted. You are responsible for keeping any username and password provided to you or chosen by you strictly confidential.
You must notify the Contractor immediately if you suspect misuse, loss, or theft of your username or password. Until a new username and password are issued, you remain responsible for all activity under your account.
If you operate more than one platform account, separate registrations may be required, and each registration will be subject to this agreement.
Upon confirmation of your order, you may receive a 21-day free trial period, excluding internet connection or third-party costs. During this period, you may use the software on a non-exclusive, personal, and non-transferable basis for internal business management purposes only.
To continue using the services after the free trial period, you must complete payment details, provide valid card information, choose a subscription, and pay the correct amount owed.
If you do not order services after the free trial period expires, certain parts of the service may be automatically deactivated.
Use of the software beyond the free trial period is subject to payment of the monthly support fee listed on the site.
The support fee will be deducted automatically in advance from the credit or debit card details provided during registration. Support fees paid are non-refundable upon termination of this agreement for any reason.
If payment is not received on time, the Contractor may suspend your account and stop providing services until full payment is made. If payment remains overdue after notice, the Contractor may terminate services and delete your account and related information.
Communications, publications, data, or information arising from use of the software for purposes other than sale price optimization or sales management must not be used without prior written authorization from the Contractor.
The Contractor may share confidential information with employees, temporary workers, or subcontractors where necessary to perform obligations under this agreement, provided such parties are informed of the confidential nature of the information.
You agree to obtain written permission from Big Internet eCommerce / Big Internet Seller Services Inc before using its logo, name, or brand assets in any collateral, forums, publications, or promotional material.
You agree that the Contractor may publicly disclose that it is providing services to you and may use your name and logo to identify you as a customer in promotional materials, including case studies, presentations, website content, event materials, and other media.
To resolve issues related to use of the software, you may contact us by email at amz@biginternetcommerce.com or through live chat where available.
In consideration of your agreement to comply with these terms, and subject to payment of the support fee after the free trial period, the Contractor will introduce and support the computer information system on the terms set out in this agreement.
You may access and use the software through the site in conjunction with supported platforms for internal business management purposes only. You may not copy the software, except where expressly permitted, and you may use documentation only in support of permitted use.
You agree that you will not:
You must supervise and control use of the software and ensure that employees and representatives use it according to this agreement.
You must not access, store, distribute, or transmit viruses, worms, trojans, or other harmful material. You must also not use the services to distribute content that is unlawful, harmful, threatening, defamatory, infringing, harassing, offensive, discriminatory, sexually explicit, violent, or damaging to any person or property.
The Contractor reserves the right to disable your access to any material that breaches these conditions.
You agree to indemnify, defend, and hold harmless the Contractor against claims, actions, proceedings, losses, damages, expenses, and costs arising out of or in connection with your use of the software, documentation, services, or any breach of this agreement.
All intellectual property rights in the site, software, services, and documentation belong to the Contractor. You do not acquire any rights in the software or documentation other than the right to access and use the services in accordance with this agreement.
All intellectual property rights in the platforms belong to the relevant platform operators. You acknowledge that you have no right to access the software in source code form or unlocked coding.
You must not remove or circumvent technical protection measures used to protect the software and its intellectual property rights.
Except as expressly set out in this agreement, the services are provided on an “as is” basis. All warranties, conditions, and other implied terms are excluded to the fullest extent permitted by law.
You acknowledge that the software and services may not be free from bugs or errors. Minor errors do not constitute a breach of this agreement.
Nothing in this agreement excludes liability for fraud, death or personal injury caused by negligence, or any liability that cannot legally be excluded or limited.
Subject to applicable law, the Contractor shall not be liable for loss of income, business profits, contracts, business interruption, loss of anticipated savings, loss of information, loss of opportunity, goodwill, reputation, data corruption, or indirect or consequential loss.
The Contractor’s maximum aggregate liability shall be limited to the total support service fees paid to the Contractor during the 12-month period before the cause of action arose.
All sales made by you through any platform using the software or services are made directly between you and the buyer. The Contractor is not a contractual party to those transactions and accepts no responsibility for them.
You are responsible for complying with all consumer protection, distance selling, platform, and marketplace regulations.
The Contractor is not liable for changes made by platform operators, API changes, platform access termination, seller performance issues, data discrepancies, exchange rate fluctuations, or information provided by third parties.
The Contractor will use commercially reasonable efforts to make the services available 24 hours a day, 7 days a week, except for planned maintenance, unscheduled maintenance, or events outside its reasonable control.
The Contractor may terminate this agreement immediately if you commit a material or persistent breach and fail to remedy it within 14 days after written notice.
Either party may terminate this agreement without cause by giving at least one month’s prior written notice.
Upon termination, all rights granted to you will cease, you must stop all authorized activities, pay any outstanding sums, remove the software where relevant, and your account may be closed and deleted.
This agreement is binding on both parties and their successors and assigns. You may not transfer, assign, charge, or otherwise dispose of this agreement or your rights and obligations without prior written consent.
The Contractor may transfer, assign, charge, subcontract, or otherwise dispose of this agreement or any rights or obligations at any time during the term of the agreement.
Notices given by you to the Contractor must be sent to karen@fabongo.com. Notices may be provided by the Contractor to the email or postal address supplied during registration.
Email notices will be deemed received 24 hours after sending, and postal notices will be deemed received three days after posting.
The Contractor will not be liable for failure or delay in performance caused by events outside its reasonable control. Such events may include strikes, civil commotion, riot, invasion, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, transport disruption, telecommunications failure, or government restrictions.
Performance will be suspended during the force majeure event, and the Contractor will use reasonable efforts to find a solution or bring the event to a close.
You own all rights, title, and interest in customer data inputted by you or on your behalf for use of the services. You are responsible for the legality, reliability, integrity, accuracy, and quality of customer data.
The Contractor shall follow its internal archiving procedures. In the event of loss or damage to customer data, your sole remedy is for the Contractor to use reasonable commercial efforts to restore the lost or damaged data from the latest backup.
Where the Contractor processes personal data on your behalf, you are the data controller and the Contractor is the data processor. You must ensure that all relevant permissions, consents, and legal bases exist for the transfer, processing, and storage of such personal data.
If the Contractor fails to enforce strict performance of any obligation or does not exercise any right or remedy, this does not constitute a waiver of those rights or remedies.
Any waiver must be expressly stated in writing. If the Contractor applies new terms or changes this agreement, you will be informed by email.
If any term of this agreement is found to be invalid, unlawful, or unenforceable, that term will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
This agreement and any documents expressly referred to in it represent the entire agreement between the parties in relation to the software and documentation and supersede any prior agreement, understanding, or arrangement.
Neither party relies on any representation, undertaking, or promise not expressly stated in this agreement, except in cases of fraud.
This agreement, its subject matter, and its formation, including non-contractual disputes or claims, shall be construed in accordance with English law.
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