Last updated: 30th May 2021
Please read these terms of service ("Terms" or "Terms of Service") carefully before using the “Selling Commander” https://sellingcommander.com website, application integration platform, and related services ("Service") provided by HOLEST E-COMMERCE D.O.O. OR HOLEST ENGINEERING OR HOLEST Inc. in further text referred as “Selling Commander” OR “HOLEST” OR "we" OR "us" OR "our".
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you do not agree with the Terms in whole or any part, you may not use the Service. Your usage of the Service assumes you fully understand and agree to the Terms.
In order to access and use the Service, you are required to open an account (“User Account”) by registering with “Selling Commander”. When you create a User Account with us, you guarantee that you are above the age of 18, and that the information you provide us is true, accurate, complete, and current and you agree to update such information to ensure that is current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
Upon proper registration and opening of a User Account, and subject to the terms and conditions of these Terms, “Selling Commander” grants you a personal, non-transferable right and license to use the Service until such time as either you or we elect to terminate the Service in accordance with these Terms.
You are responsible for maintaining the confidentiality of your User Account and password, including but not limited to the restriction of access to your computer and/or User Account. You agree to accept responsibility for any and all activities or actions that occur under your User Account and/or password, whether your password is for our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your User Account.
You are responsible for and retain ownership of any data, information, or material originated or transmitted by you through the Service (“User Data”) such as User Data from your accounts with third party services that pass through the Service. You are solely responsible for the accuracy, quality, content and legality of User Data, the means by which User Data is acquired, and the transmission of User Data outside of the Service. You represent and warrant that you have all rights necessary to transmit User Data through the Service and to otherwise have User Data used as part of the Service. You represent and warrant that your use of the Services is compliant with all applicable law.
Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. By selecting and purchasing these Services you agree to pay “Selling Commander” the monthly or annual subscription fees indicated for that Service.
Unless you cancel your account before the end of the applicable Billing Cycle, your Subscription will automatically renew under the same Terms. You may cancel your Subscription by navigating the pricing page on the Service and selecting the Free plan. Though you may cancel the Subscription at any time, service and the availability of the Service will continue to be delivered till the end of the monthly or annual period of the Billing Cycle, unless you contact our customer service asking for an immediate termination or refund and such request is approved and processed by us as per our Refunds policy.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including your full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we shall issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with full payment of the amount due as indicated on the invoice.
Use of “Selling Commander” involves connecting it with other sites, online selling channels, feeds and files. Each of these “connections” is entitled to the user that added it and whose subscription covers it. There can be only one “connection” per particular site, online selling channel, feed or file in “Selling Commander”. It does not necessarily mean that the “Selling Commander” user that owns “connection” is the real owner of the connected site, online selling channel, feed and file. User whose subscription covers “connection” is considered the connection owner in “Selling Commander” and supreme administrator of It. Users may allow access to their “connections” for other users. Users may also transfer ownership of “connections” to another user that has an active subscription whose limits are not reached. “Connection” must belong to some subscribed user in each moment. If a user decides to remove the “connection” it will be removed immediately if it existed for less than 30 minutes, otherwise it will take 14 days for “connection” to be removed.
“Selling Commander” reserves the right to, in its sole discretion and at any time, change the payment terms and fees for the Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We may provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We have no obligation to provide a refund for any payments already collected irrespective of whether you used the Service or not during the Billing Cycle. However, refund requests may be considered by us on a case-by-case basis and granted at our sole discretion as per our refund policy https://sellingcommander.com/refund-policy.html
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may do so by deleting your account using the option provided on the Service, or by contacting customer service.
Once your User Account is terminated, we may permanently delete your User Account and any or all User Data associated with it. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless “Selling Commander” and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall “Selling Commander”, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, any loss or damage to data, use or alteration of your transmissions or content, in each case (i)-(iv) whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
“Selling Commander” and its subsidiaries, affiliates, and its licensors expressly disclaim any warranty that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will not cause any loss or damage to your data; e) your sensitive data will remain secure at all times; or f) the Service meets your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you if applicable law prohibits such limitation.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
You acknowledge that you have read, understand and agree to “Selling Commander”’s Privacy Policy located at https://sellingcommander.com/privacy-policy.html, which is hereby incorporated into and made a part of these Terms of Service by this reference.
If you are a paying subscriber to the Service, to the extent that we process any Personal Data(as defined in the DPA) contained in User Data that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing agreement at https://sellingcommander.com/dpa.html ("DPA"), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
Our Service may contain links to third-party web sites or services that are not owned or controlled by “Selling Commander”.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that “Selling Commander” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Subject to the limited rights expressly granted hereunder, we reserve all of our rights, title and interest in and to the Services and any information obtained by us from publicly available sources or third-parties and made available to you through the Services, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide notice at least 30 days prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at office@holest.com