iHaveit Terms & Conditions: Version 1.3
Last updated 7.4.2022
This Agreement contains the terms and conditions of using iHaveit, hereafter referred to as the "Service", and comprises of the entire Agreement between You and iHaveit.
This Agreement is between iHaveit UK Ltd, UK Companies House Registration Number 11290771, hereafter referred to as “iHaveit”, and You, the party, agreeing to these terms and conditions, hereafter referred to as the "Agreement". You are hereafter referred to within this agreement as the ‘User’, or 'You', or 'Your', or the 'Customer'.
Please carefully read all of this Agreement before using the Service. You agree to be bound by these terms and conditions by clicking on the Service "I accept the terms and condition" or similar button. This Agreement is effective upon You once you have completed the iHaveit Service registration process. If the party executing this Agreement is entering into this Agreement on behalf of a company or other legal entity, the party represents and warrants that it has the authority to bind such entity to this Agreement. To be clear, BY USING THE IHAVEIT SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS.
This Agreement supersedes all prior Agreements between You and iHaveit regarding the use of the Service,
iHaveit is a e-Commerce Retail platform, enabling Buyers and Sellers to search, find, buy, sell, organize, catalogue, display, edit and report on individual inventory items.
iHaveit is a platform that connects Buyers and Sellers. The contract for the buying anything on the iHaveit Service is directly between the buyer and seller.
iHaveit does not take part in the buying or selling of items, other than by providing our Service as a e-Commerce retail platform for You. iHaveit does not review Your inventory and does not review Your content, quality of information regarding Your collection, or Your trading activities.
While the iHaveit Service may provide cataloging, pricing estimates, buy, sell, postage, delivery, collection, listing, estimated item value and other information and guidance, such information and guidance is solely for Your information, which You may decide to follow it or not.
If a purchase is accepted by a Seller on the Service, a contract of sale will be formed between the buyer and the seller directly (You). iHaveit do not act as agent for You and does not participate in any sale or transaction between You and iHaveit members. If you use our payment service, we simply receive and then pass on payments made by one member to another once orders are verified.
At your own risk: When buying or selling an item on the Service, Both the Buyer and the Seller (You) are conducting the sale entirely at Your own risk.
While iHaveit will focus to protect Your interests as buyer and seller, You agree that iHaveit takes no responsibility or liability for any misconduct of any of its Users including, without limitation, Users that have registered under false pretenses or who attempt to defraud You. If you buy or sell with another iHaveit Service User and experience trading issues, (for example but not limited to purchased items not delivered, receipt of items with different expectations regarding the quality of goods received, or damage of goods), while iHaveit may try to help facilitate the resolution of trading or collecting disputes through various programs, iHaveit does not guarantee the existence, quality, safety or legality of items collected; purchased; sold; advertised; the truth or accuracy of users’ content, conditions of items, listings or feedback; 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.
iHaveit gives no undertakings, representations, or warranties in relation to items listed or sold on the Service, or Member Services advertised or offered through the Service. Refer below to Point 17 regarding refunds, charges and returns.
1) MODIFICATIONS TO THIS AGREEMENT
iHaveit may update and change the Terms of Service from time to time without notice, reason or cause.
Your continued use of the Service following any such changes automatically constitutes Your consent to the changes. You are responsible for regularly reviewing the most current version of the Terms of Service.
Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage You to check the date of our terms and conditions whenever You visit this Site to check if they have been updated. You should review this agreement on a regular basis to keep Yourself apprised of any changes.
If You do not agree to the revised terms and conditions, Your sole recourse is to immediately stop all use of the Service. Your continued use of the Service following the posting of modifications will constitute Your acceptance of the revised terms and conditions.
Should You have any questions regarding the use of the Service, please visit our help page at: https://ihaveit.lq-creative.com/links/faq and please submit a helpdesk ticket.
2) YOUR SERVICE ACCOUNT REGISTRATION OBLIGATIONS.
To obtain and use the Service, You will be required to register to use the Service from our web site
When registering on the Service You agree to:
- provide true, accurate, current and complete information about Yourself as prompted by the Service registration process (such information being the “Registration Data”) and;
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iHaveit may suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
- You are responsible for maintaining the security of Your account login information and for any activities or actions occurring under Your account. iHaveit will not be responsible for any loss or damages resulting from Your failure to comply with this obligation.
- You must be human. Accounts registered by ‘bots’ or other automated methods are not permitted.
- One person may not maintain more than one account
- One legal entity may not maintain more than one account.
If you are registering as a company, business or other commercial entity, you represent that you have the authority to legally bind that entity. If you are a company, business or other trading commercial entity using the Service you must comply with all applicable laws relating to online trading.
You may not authorise any third party to access or use the Service on Your behalf. You are responsible for maintaining the confidentiality of Your User ID and password and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify iHaveit of any unauthorised use of Your user ID or password or any other breach of security. iHaveit cannot and will not be liable for any loss or damage arising from any unauthorised use of Your account.
3) CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering to use the Service, you understand and also agree that iHaveit may send You communications or data regarding the Service and services that iHaveit offer, including but not limited to
- notices about Your use of the Service, including any notices concerning violations of use,
- new Service features and functions,
- promotional information and materials regarding the Service products and services,
- Service updates
4) USER CONDUCT, ACCEPTABLE USE POLICY, USER CONTENT.
Unauthorised use of the Service, or the resale of the Service without iHaveit prior written consent is expressly prohibited. You agree not to modify, enhance, translate, reproduce, copy, sell, resell, sublicense, rent, lease, transfer, distribute, publish, or assign Your use to the Service in any format to any third party. In addition, You agree not to use the Service in any way that violates applicable local or international law, or for any unlawful purpose. Further, You agree not to use the Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of the Service or others.
To the extent that the Service provides Users an opportunity to collect, buy and sell items, store and exchange collection information, materials, data and opinions (“User Content”), You hereby represent and warrant that You have all necessary rights in and to all User Content that You provide iHaveit and all information contained therein. By registering to use the Service, You understand and acknowledge that iHaveit and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display and distribute Your User content for the sole purpose of providing to You and other Users the Service for which You have registered.
You continue to retain all ownership rights in any User Content You provide and shall remain solely responsible for Your conduct, Your User Content, and any material or information transmitted to other Users for interaction with other Users, including but lot limited to the Collecting, Buying Selling, or improve Service data and image content updates. iHaveit and the Service do not claim any ownership rights in any User Content.
Content posted by Users and other non-Service contributors are generally not reviewed by iHaveit. However, iHaveit shall have the right, but not the obligation, to review, reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require Users to remove some or all Service content, in its sole discretion of iHaveit, deems to be;
- In addition, iHaveit has the right to remove any content if iHaveit has reason to believe that displaying such content may infringe the rights of a third party or subject iHaveit to expense or liability.
Please notify iHaveit by email to [email protected] regarding any content that You believe might violate applicable law or Your intellectual property rights or contain undesirable images of or links or references to profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
iHaveit does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any iHaveit user, customer, employee, partner or member of the Service or our third-party applications such as Facebook and Twitter. Engaging in any such behavior may at iHaveit’s sole discretion result in the immediate termination of Your access to the Service.
iHaveit reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit iHaveit’s response to a future complaint. You acknowledge and agree that iHaveit shall not assume or have any liability for any action or inaction by iHaveit with respect to any User Content.
iHaveit reserves the right, in its sole discretion, to deactivate and/or require a change of name for any user for any reason or for no reason. iHaveit may exercise such right at any time, with or without prior notice. Upon receipt of notice from iHaveit of its decision, subscriber will immediately provide iHaveit with a replacement name for the URL acceptable to iHaveit, or the URL will be cancelled. Without limiting the generality of iHaveit's discretion, among the reasons Service may determine a URL is unacceptable are abuse of the feature, violation of any of these terms of service, infringement or potential infringement on third party intellectual property rights such as trademark or copyright, misrepresentation, or failure to pay pursuant to the terms of any service agreement.
Additionally, iHaveit reserves the right, without limitation, to terminate Your access to and use of the Service if, in iHaveit's view Your conduct fails to meet any of the following guidelines for User conduct:
- You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Service site, computer systems and network, or the Service
- You may not attempt to interfere with any other person’s use of the Service
- You may not misrepresent Your identity or impersonate any person
- You may not attempt to gain access to any account, computers or networks related to the Service without authorisation
- You may not attempt to obtain any data through any means from the Service, except if we intend to provide or make it available to You
- You may not attempt to charge others to use the Service either directly or indirectly.
- You may not sell any counterfeit items on the Service
- You may not use the Service to send, either directly or indirectly, any unsolicited individual or bulk
e-mail or communications or unsolicited commercial e-mail, SMS’s, spam, chain letters, pyramid schemes or communications
- You may not use the Service for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others
- You may not use the Service to send or otherwise make available, any material protected by intellectual property laws unless You own or control the rights to such material or have received all necessary consents
- You may not use the Service to send or otherwise make available any material that contains, viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property
- You may not use the Service to download any material sent by another User of the Service that You know, or reasonably should know, cannot be legally distributed in such manner
- You may not use the Service to violate any code of conduct, Policy or other guidelines which may be applicable to the Service or the Site
- You may not use the Service to harvest or otherwise collecting information about others
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by the Service in connection with the Service.
- You may not use the Service in a manner that results in excessive bandwidth usage, as determined by a representative of iHaveit. Use of the Service on the Site as well as use of the Service on any desktop application will be applied toward such bandwidth usage. If Your bandwidth usage significantly exceeds the average bandwidth usage of other Service customers (as determined by iHaveit in its sole discretion), iHaveit reserves the right to immediately disable or impose restrictions upon Your Service account.
- All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of iHaveit. iHaveit reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit iHaveit’s response to a future complaint. You acknowledge and agree that iHaveit shall not assume or have any liability for any action or inaction by iHaveit with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
- You may not transfer your Service account and user ID to another party without the consent of iHaveit
- You must pay for items purchased by You,
- You must deliver to the buyer items sold by You,
- You must not manipulate the price of any item or interfere with any other user's listings;
- You must not take any action that may undermine the Feedback or ratings systems
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- You may not circumvent any technical measures we use to provide the Services.
- You agree not to export or re-export any Service application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions
- You may not commercialise any Service application or any information or software associated with the Service
5) INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
You agree not to infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to iHaveit. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to iHaveit or someone else.
You agree not to infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services.
Except for access to the Service granted herein, You have no right, title or interest (including without limitation all patents, copyrights, trade secrets or other proprietary rights) in or to the Service or any content. You agree that iHaveit or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and content, including, without limitation, Service text, images, photos, sounds, videos or other materials uploaded, downloaded or appearing on the Service (collectively “Content”). Any new features added to or augmenting the Service are also subject to these Terms.
All contents of the Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2018 iHaveit, and/or the proprietary property of its suppliers, affiliates, or licensors.
Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third-party web site or other networked computer environment) without the express prior written consent of iHaveit and/or it suppliers, affiliates, or licensors. All rights reserved.
Service and the Service logo are including without limitation, either trademarks, service marks or registered trademarks of Service, and may not be copied, imitated, or used, in whole or in part, without iHaveit’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
iHaveit may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Service. Unless iHaveit have granted You authorization to our intellectual property in these terms and conditions, our providing You with such web pages does not give You any right to iHaveit intellectual property. Any rights not expressly granted herein are reserved.
6) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
iHaveit respects copyright law and expects You and Users to do the same. iHaveit expressly prohibits the use of its Service for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Service. In addition, Service may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide iHaveit claims of copyright or advise Your intellectual property infringement (“Agent”) the written information specified below:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.
7) THIRD PARTY CONTENT, SITES AND SERVICES.
All transactions using the Service are between the transacting parties only. The Service may contain features and functionalities linking You or providing You with certain functionality and access to third party content, including web sites like Facebook, Twitter and other directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
iHaveit may also provide some content to You as part of the Service. However, iHaveit is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between You and the applicable third-party. Similarly, iHaveit are not responsible for any third party content You access with the Service, and You irrevocably waive any claim against iHaveit with respect to such sites and third-party content. iHaveit shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party.
You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for Your dealings with any third party related to the Service, including the delivery of and payment for goods and services. Should You have any problems resulting from Your use of any third party services, or should You suffer data loss or other losses as a result of problems with any of Your other service providers or any third-party services, iHaveit will not be responsible unless the problem was the direct result of our breaches.
You must comply with the relevant terms and conditions of any such Third Party Service Provider.
8) DESKTOP SOFTWARE.
If You are granted access that enables You to use the Service on Your desktop ("Desktop Software"), You understand and agree that any information, materials, data, files, programs, ideas and opinions provided or made available by You through the Desktop Software constitutes "User Content". By licensing the Service Desktop Software, You grant iHaveit and its contractors an irrevocable, royalty-free, worldwide license to access, use, modify, and delete User Content on Your desktop through the Service Desktop Software for the sole purpose of providing to You the Service, including, without limitation, the synchronization of files between the Service Desktop Software and the Service Site. You acknowledge and agree that iHaveit shall not assume or have any liability for any action or inaction by the Service with respect to any such User Content, including, without limitation, the loss of such User Content.
Without limiting the generality of Section 4 USER CONDUCT, ACCEPTABLE USE POLICY, USER CONTENT, You may not use the Service, including the Service Desktop Software, in a manner that results in excessive bandwidth usage, as determined by a representative of the Service. iHaveit reserves the right, in its sole discretion, to determine whether and what action to take in response to any excess bandwidth usage, including, without limitation, limiting Your bandwidth usage or charging You for such excess usage.
iHaveit reserves the right, in its sole discretion, to make unscheduled deployments of updates or enhancements to the Service Desktop Software. You acknowledge and understand that during such deployments, certain functionality of the Service Desktop Software may be unavailable and outages may occur.
iHaveit truly respects the privacy of its users, and is fully committed to protect Your personal information and use it properly. This policy describes how iHaveit may collect and use personal information, and the rights and choices available to our iHaveit visitors and users regarding such information.
Please note: you are not obligated by law to provide iHaveit with any information. You hereby acknowledge, warrant and agree that any information you do provide iHaveit is provided of your own free will and consent, for the purposes and uses described herein.
iHaveit collects, processes and retains personal information from You and Your devices (which may include PC, smart phone and mobile devices), that You may use when you use the iHaveit Service, including but not limited to:
- when you register for an iHaveit account
- when you provide iHaveit information
- when you update or add information to Your iHaveit Service Collection or account,
- when you add, remove or edit Your Collection or personal Service information
- when you buy or sell items
- when you join or participate in iHaveit controlled social media sites, including but not limited to Facebook, Twitter, Instagram, Pinterest and LinkedIn
- when you participate in iHaveit controlled discussions, chats, blogs, user groups, forums, or other communication channels
- when you share information relating to dispute resolution,
- and when you otherwise correspond with iHaveit regarding our Service.
iHaveit collect two types of information regarding You, our Visitors and Users:
- Un-identified and non-identifiable information pertaining to a Visitor or un-identified User, which may be made available to iHaveit, or collected automatically via Your use of the Service (“Non-personal Information”). Such Non-personal Information does not enable iHaveit to identify the Visitor or User from whom it was collected. The Non-personal Information collected by iHaveit may consist of technical and aggregated usage information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Service, session heatmaps and scrolls, non-identifying information regarding the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.
- Individually identifiable information, namely information that identifies You as an individual or may with reasonable efforts cause the identification of an individual, or may be of private or sensitive nature (“Personal Information”). The Personal Information collected by iHaveit mainly consists of contact details (e.g., e-mail address or phone number), billing details (name, physical billing address, payment method and transaction details), details regarding a browsing or usage session (IP address, Geo-location and/or device unique identifier), details regarding connected third-party accounts (such as the e-mail or username for a connected Stripe, PayPal, Google or Facebook account), scanned identification documents provided to iHaveit (such as an ID card, driver’s license, passport or official company registration documents), correspondences (including those made through or uploaded to our Service), and any other Personal Information provided to iHaveit by Visitors and/or Users through their access to and/or use of the Service. For the avoidance of doubt, any Non-personal Information that is connected or linked to Personal Information (for example, in order to improve the services we offer) is deemed and treated by iHaveit as Personal Information, as long as such connection or linkage exists.
Other information we collection could include
- Your name and other registration details
- Your contact information including email address, social media contact details, phone numbers, and other communication contact details
- demographic information such as Your postcode, Your full address, Your billing address and Your delivery address
- Your preferences and interests
- Your Service history and any/all transactions you have made within the Service from the date and time of Your registration to Your final date and time of Service termination or use
- other information iHaveit believe is relevant to customer surveys and/or offers we may wish to offer
We use Your collected personal information to:
- understand your collection and how we can provide value to You
- understand your buying and selling interests, to develop trends, intelligence and interests that can benefit You
- provide and improve the iHaveit Service,
- provide you with a personalized experience on the Service associated to ideas of interest to You
- provide you with targeted, personalized advertising and marketing
- contact you about your account and the iHaveit Service
- provide you customer service and support
- and detect, prevent, mitigate and investigate fraudulent or illegal activities
- periodically send promotional emails and or social media communications to You about new products, special offers or other information which we believe you may find interesting using the email address and or social media addresses which you have provide to iHaveit
- contact you by email, phone, fax, social media or mail from time to time for marketing, sales, or research purposes
- customize the iHaveit website and Service according to your interests
We retain your personal information as long as it is necessary and relevant for iHaveit to deliver the Service. In addition, we may retain Your personal information from closed accounts to comply with national laws, also to prevent fraud, to collect any fees owed, to resolve disputes, to analyse troubleshoot problems, to assist with any investigation(s), to enforce the iHaveit User Agreement and to take other actions permitted or required by applicable national laws.
iHaveit may disclose your personal information to third parties to,
- enable access to the iHaveit Service to comply with legal obligations,
- to enforce this User Agreement,
- to facilitate our marketing and advertising activities,
- or to prevent, detect, mitigate and investigate fraudulent or illegal activities related to our Service.
How Do We Collect Such Information?
There are two main methods we use:
- iHaveit collect information through your use of the Service, when you are visiting or using our Service, including when you browse the iHaveit Website or any User Website, register a User Account, edit your User Website and upload information and content, and/or download and use any iHaveit Apps and or Mobile Apps, we are aware of it any may gather, collect and record such uses, sessions and related information, either independently or with the help of third-party, including through the use of “cookies” and other tracking technologies
- We collect information which you provide iHaveit voluntarily. For example, we collect the Personal Information you provide iHaveit when you register to our Service; when you sign-in to our Service via third party services such as Facebook, Twitter, Instagram or Google; when you place purchases and/or register domain names; when you submit or upload such Personal Information as you use any of our Service; and/or when you contact iHaveit directly.
Security of your Information
iHaveit is committed to ensuring that Your personal information is secure. iHaveit take all possible actions in order to prevent unauthorized access or disclosure to Your information, including but not limited to putting in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect, but iHaveit cannot guarantee security of Your information, as evident by the recent Russian hacking issues that has affected Foreign Government and bluechip customers.
The iHaveit Service, website(s) and iHaveit Social Media communications, hereafter referred to as ‘communication channels’ may contain links to other third-party communication channels. Once You exit iHaveit communication channels and use any third-party communication channel iHaveit does not have any control over that third-party communication channels. Therefore, iHaveit cannot be responsible for the protection and privacy of Your information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to each different third-party communication channel in question.
If you do not agree with iHaveit collecting Your information, You must cancel and delete your account. If you continue to use the iHaveit Service You automatically agree and support our collecting information about you.
Should You have any questions concerning this Agreement, please contact iHaveit UK Ltd by email
at: [email protected]
10) IHAVEIT MAKES NO WARRANTIES.
While iHaveit commits to take all possible commercial care, iHaveit is in no way liable for loss of Your data or any content. Under no circumstances will iHaveit be held accountable for any loss of Your data or any Content. By becoming a Service user You acknowledge that You forfeit the right to hold iHaveit accountable for any and all technical errors, including loss of user collections, estimated values, inventory, sales history, communications and any other information on the Service.
iHaveit intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, iHaveit may make changes and improvements to the information provided herein at any time. IHAVEIT PROVIDES ITS SITE AND SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Service, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “SERVICE PARTY,” AND COLLECTIVELY, THE “SERVICE PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SERVICE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION
- WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT,
- WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND
- WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
11) LIMITATIONS OF LIABILITY.
IN NO EVENT WILL ANY IHAVEIT PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE WEB SITE OR SERVICE, EVEN IF SUCH IHAVEIT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 11 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
- BREACH OF CONTRACT,
- BREACH OF WARRANTY,
- NEGLIGENCE, OR
- ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Service PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
In the event that, notwithstanding the foregoing disclaimers and indemnification, iHaveit is found responsible to any Service User for any reason whatsoever, iHaveit's responsibility shall be limited to the amounts actually paid by such user for the Service, and shall not include punitive damages or consequential or resulting damages of any nature.
12) CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
IHAVEIT MAY CHANGE THE SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON OR DISCONTINUE WHOLE OR PART OF THE SERVICE WITHOUT NOTICE, INCLUDING RELEASES OF NEW FEATURES, TOOLS OR RESOURCES, SHALL BE SUBJECT TO THESE TERMS OF SERVICE. IHAVEIT MAY ALSO STOP (TEMPORARILY OR PERMANENTLY) PROVIDING THE SERVICE (OR ANY PART OF THE SERVICE) TO YOU GENERALLY WITHOUT PRIOR NOTICE. WITHOUT LIMITING THE GENERAL NATURE OF SECTION 9 ‘PRIVACY’ and SECTION 10 ‘IHAVEIT MAKES NO WARRANTIES’, IHVAEIT IS NOT RESPONSIBLE OR LIABLE FOR
- ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, LIBELOUS, PORNOGRAPHIC, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR
- ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTION 8 ‘DESKTOP SOFTWARE’ AND SECTION 9 ‘PRIVACY’, IHAVEIT IS NOT RESPONSIBLE OR LIABLE FOR
- ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICE,
- ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND THE SERVICE AND OTHER WEB SITES, SERVICE, SOFTWARE AND HARDWARE,
- ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICE IN AN ACCURATE OR TIMELY MANNER,
- ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SERVICE DESKTOP SOFTWARE, OR
- ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, iHaveit, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by You.
iHaveit reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with iHaveit in asserting any available defense’s. You are to repay iHaveit full costs incurred by iHaveit relating to defense specific to You, which could include but are not limited to all legal, accounting, travel, and other costs.
14) CANCELLATION AND TERMINATION OF SERVICE.
Without limiting the general nature of section 16 PAYMENT OF FEES;
You may terminate Your user account upon notice to iHaveit at any time and iHaveit reserves the right to refuse to provide the Service to You or anyone for any reason at any time.
iHaveit may modify, suspend or terminate Your account without notice if You violate this Agreement. iHaveit may refuse any/all future use of the Service if your account is terminated. iHaveit will take all reasonable actions and effort to contact You directly via email or other means to warn You prior to suspension or termination of Your account.
- If You choose to terminate your account, You are solely responsible for doing so completely and accurately by following the account cancellation procedure.
- Your account termination will take effect 30 days after acknowledged receipt of Your termination Notification.
- Once Your account is terminated you will not be able to recover Your Service content. Termination of your account will result in the deactivation of Your access to the Service and access to Your account. Once Your account is terminated Your account, Your Content cannot be recovered.
- iHaveit does not accept any responsibility for loss of Content due to account termination
iHaveit may terminate unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
iHaveit may refer to law enforcement authorities if we believe the violation could be cause for public or commercial threat.
15. WHAT AND HOW LONG IS INFORMATION RETAINED.
The Service retains your information for the period of your active use of the service. iHaveit reserves the right to automatically delete Your information considered 'inactive' if not used for 90 days.
Information can be retained for longer periods by iHaveit.
16) PAYMENTS, BILLING AND PAYMENT OF FEES
Unless otherwise agreed, iHaveit charge 8.9% of the sell value of items sold on the Service.
iHaveit reserves the right to modify its iHaveit fees and charges and to introduce new fees and charges at any time, which notice may be provided by e-mail to You.
Sellers using the Service must have a valid payment method at all times. You authorise iHaveit to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Service provided by iHaveit. This includes, but is not limited to, amounts owed for buying items, Taxes, iHaveit fees and other fees.
iHaveit will notify you of these charges. If payments or amounts owed to iHaveit cannot be completed through the payment method on file for any reason, you remain obligated to pay the Seller and iHaveit for all unpaid amounts and iHaveit reserves the right to seek reimbursement through other means plus any additional costs incurred by iHaveit in seeking reimbursement. You can change your payment method in the iHaveit Payment Details settings at any time.
- You must provide a valid payment card.
- By becoming a Customer of the Service and submitting Your card information to the Service, You authorise iHaveit to charge the billing source that You have provided for Your account until Your account is terminated.
- You agree to provide iHaveit with complete and accurate billing and contact information. This information includes Your name, if a company the legal company name, also the street address,
e-mail address, and name and telephone number of an authorised billing contact and License Administrator.
You agree to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, iHaveit reserves the right to suspend or terminate Your access to the Service in addition to any other legal remedies. If You believe Your bill is incorrect, You must contact iHaveit in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
- You must fill out Your correct country, province/state so that iHaveit can understand its obligations to applicable taxation authorities. If you falsify or incorrectly register your country, province/state You will be personally liable for any applicable taxation issues and recoveries related to your providing incorrect or false country, province/state details, and will be subject to clause 13 Indemnification.
- With the exception of European VAT, all fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
- If fee payment is not received within a 72-hour time period of loading an order, the user's account(s) will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed and received by iHaveit.
- You retain the responsibility for settling all outstanding fees in a timely manner and maintaining updated billing information. If not complied with, at the end of 30 days, user's account will be deactivated and will be subject to section 14 CANCELLATION AND TERMINATION OF SERVICE.
- If your account is suspended or terminated iHaveit has no obligation to reconnect Your access to the Service. Should your access to the Service be suspended or terminated it is the sole discretion of iHaveit to approve and authorises reconnection of Your access to the Service.
17) REFUND OF CHARGES, RETURNS
Buyers have the right to return purchased items within 30 days of the delivery, with two return options:
- A seller sold an item not as described, such as: wrong item received, wrong colour or artwork, or the condition is not the same as described. If a buyer requests a return, You the seller must pay for a return label for the collection and return to your office. Once returned you the Seller will refund iHaveit and iHaveit will refund the customer via the Service.
- The buyer changes their mind, called a remorse return, (the buyer pays for the return label and returns the item. Once returned the Seller will refund iHaveit and iHaveit will refund the buyer.
Country Specific Returns Policies. Every country has there own specific laws regarding returns processes, iHaveit supports and follows all local country return policies laws. For example, the UK law is very specific about returns as outlined on the Govt web site: https://www.gov.uk/accepting-returns-and-giving-refunds
iHaveit sellers are legally required to follow the returns policies of each country. ‘Sellers must offer a full refund if an item is faulty, not as described or does not do what it’s supposed to.’
As part of our multi-sync promotions tool, iHaveit may sell your item on the Service or another marketplace, such as eBay, Amazon, Google Shopping, Shopify etc (Marketplaces). Marketplaces may automatically return items to the iHaveit office when the item is not as described or does not do what it is supposed to. This is because iHaveit holds the commercial contract with our marketplace accounts. Once a return is received at the iHaveit office the seller can provide a pre-paid label to have the item returned to your office.
Other returns, such as buyer changed their mind, may be sent directly back to your office address, sometimes the marketplaces intervene and send the items to the iHaveit office.
The intervention of the marketplaces is outside of iHaveit’s control. This is a marketplace trust and safety controls process, controlled by the marketplaces. If an item is returned to the iHaveit offices the marketplaces invoices iHaveit for the return, iHaveit will pass the return fee on to the Seller. When items are returned directly to iHaveit, we take a neutral position of the return reason, and if we believe the return reason was fake or false iHaveit will not seek recovery of the returns postal fee.
However, in all cases, the Seller must provide a pre-paid label to return the items back to your office after the review is completed if you require the item back. (This is separate and different to the marketplace costs to send the inventory to the iHaveit office. The best solution to ensure this does not happen is ensure the YES to image artwork and YES to the condition is 100% correct before shipping the item, vastly reducing the risks and administration for the Buyer, iHaveit and you the Seller.
Dispute Return Claims
Sellers can commence a Returns Dispute if a buyer provides fake or misleading return reasons. If the dispute is agreed, we will reclaim the return postage from the customer. For example, if a buyer says the record is not the same condition, but it actually is the same condition, or if a buyer says the item is not as described, but your description in iHaveit explicitly has the description. Meaning iHaveit would only seek a refund from the Seller for the actual returned item and would not charge the return postage. It is important to provide iHaveit verification details that can dispute the return claim, we can then commence a dispute to protect against your company false return costs and claims.
18) AGE CONCENT.
Any person(s) under 13 is hereafter referred to as a 'Minor'. You must be at least 13 years of age to use iHaveit and You must be at least 18 years old to buy and or sell items through the iHaveit Service.
You are not authorised to use the Service if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
If we become aware that a Minor has provided iHaveit with personal information, we will take steps to remove such information and terminate the Minor's account. iHaveit does not knowingly collect personal information from Minors. If you become aware that a Minor has provided iHaveit with personal information, please contact iHaveit at [email protected]
19) ESTIMATED ITEM VALUE
The estimated value of items listed in the Service are estimates only, it is solely for Your information, which You may decide to use this estimated information or not. You should make whatever investigation You feel necessary or appropriate to validate the value of items. iHaveit shall have no liability, obligation or responsibility for any way in which you use the estimated information for valuation, sale, purchase or other use by You or between You and any such third-party.
20) CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
This agreement is written in English (UK). This agreement shall be governed by and construed in all respects in accordance with the law of England and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of, and any disputes relating to, this agreement or any of its provisions.,
You expressly agree that exclusive jurisdiction for any claim or dispute with Service or relating in any way to Your use of the Service resides in the English Courts, and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Service or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers,
Nothing in this Agreement affects any statutory rights of You that cannot be waived or limited by contract.
21) NOTICES TO IHAVEIT
You may send notices to iHaveit by Postal Address, the address is
iHaveit (UK) Limited
12 Conqueror Court,
Or by email to [email protected]
22) INVALID OR UNENFORCEABLE TERMS.
If any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
A printed version of these terms and conditions and of any notice given by fax shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
23) COPYRIGHT COMPLAINTS AND REMOVAL POLICY.
iHaveit fully supports US and international copyright law and requires our employees and users of the platform to fulfill all moral and legal obligations with respect to the capture and publishing of copyright-protected materials.
If you believe your physical music item has been copied in any way that constitutes copyright infringement please visit the iHaveit Copywrite Policy and Processes
- iHaveit may assign this Agreement, in whole or in part, at any time with or without notice to You.
- You may not assign this Agreement, or any part of it, to any other party. Any attempt by You to do so is void.
- ANY CLAIM RELATED TO THIS AGREEMENT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.
- The failure of iHaveit to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
- You understand that the Service uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
End of Agreement terms and conditions