Agreement
Upon checking the “I Accept” box shown as part of this subscription process, you agree to the following terms and conditions and policies (the “Agreement”) governing your use of Imonggo.com's online service, collectively the “Store.” If you accept this Agreement on behalf of a company or other legal entity, you represent that you are authorized to bind that company to these terms and conditions, in which case the terms “you” or “your” shall refer to that company.
If you do not have such authority, or if you do not agree with these terms and conditions, you must leave the “I Accept” box blank and may not use the Store.
Imonggo Store
As part of the Store, Imonggo.com will provide you with use of an Imonggo Sales and Inventory transaction recording, reporting, and point-of-sale (POS) internet-based application. This includes web-browser user interface screens, data input, maintenance, inquiry, and storage.
Upon registering for, or using, the Store, you agree to abide by this Agreement and all related terms and conditions on the Imonggo.com website, including Imonggo.com's privacy and security policies.
The Store is offered in several editions:
- Basic Edition, free for one store and up to 500 transaction lines per month.
- Premium Edition, with subscription fees chargeable according to rates and terms published on the Imonggo website.
Imonggo may also offer free use of the Premium Edition for a limited period of time and to a limited number of registrants on a first come, first served, invitation basis. Refer to the Imonggo website for descriptions of the terms and features of the Basic and Premium editions.
1. Privacy and Security Policies
Imonggo.com's privacy and security policies may be viewed at Imonggo.com. Imonggo.com reserves the right to modify its privacy and security policies within reasonable discretion as the need arises.
Because the Store is a hosted, internet-based online application, Imonggo.com may need to distribute important notices or announcements about operation of the Store. If you register to use the Store, whether for free or for a subscription fee, you agree that Imonggo.com can disclose the fact that you are a registered Imonggo customer and the edition of the Store that you are using.
2. Store License and Restrictions
Imonggo.com extends to you a non-exclusive, non-transferable, worldwide right to use the Store solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Imonggo.com and its licensors.
If you are a direct competitor of Imonggo.com, or employed or contracted by a direct competitor, you may not register for or access the Store except with Imonggo.com's prior written consent. You may not access the Store to monitor availability, performance, or functionality, or for any benchmarking or competitive purpose.
You shall not license, sublicense, sell, resell, transfer, assign, distribute, commercially exploit, or make available to any third party the Store or the Content in any way. You shall not create internet links to the Store or frame or mirror any Content on another server or wireless or internet-based device.
User licenses cannot be shared or used by more than one individual user, but may be reassigned from time to time to new users replacing former users who no longer use the Store.
You may use the Store only for internal business purposes and shall not send spam or unlawful messages; send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material; send or store harmful computer code; interfere with the integrity or performance of the Store; or attempt to gain unauthorized access to the Store or its related systems or networks.
The Imonggo.com name, logo, and product names associated with the Store are trademarks exclusively belonging to Imonggo.com, and no right or license is granted to use them.
3. Your Duties and Responsibilities
You are responsible for all activity occurring under your Store user accounts and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations connected with your use of the Store, including those related to data privacy, international communications, and transmission of technical or personal data.
You shall immediately advise Imonggo.com of any unauthorized password or account use, any known or suspected breach of security, and any known or suspected duplication or distribution of Store content. You also agree not to falsely identify yourself to gain access to or use the Store.
4. Account Information and Data
Imonggo.com does not own the data, information, or material (“Store Owner Data”) that you submit to the Store while using it. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, ownership, and right to use all Store Owner Data.
Imonggo.com shall not be responsible or liable for deletion, correction, destruction, damage, loss, or failure to store any Store Owner Data. For paid subscriptions terminated other than by reason of breach, Imonggo.com will make available a file of Store Owner Data within 30 days of termination if requested at the time of termination.
Imonggo.com may withhold, remove, or discard Store Owner Data without notice for any breach, including non-payment. Upon termination for cause, your right to access or use Store Owner Data immediately ceases. For free subscriptions, you are responsible for regularly printing, downloading, or exporting data to your own storage as the feature is available.
5. Intellectual Property Rights
You acknowledge that Imonggo.com alone, and its licensors where applicable, owns all rights, title, and interest, including related Intellectual Property Rights, in and to the Store, the Imonggo website, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Store.
You agree not to copy, reproduce, alter, modify, or create derivative works from the Service. You also agree not to use automated or manual processes to monitor or copy content from the Store, reverse engineer the Store, build a competitive product or service, or build a product using ideas, features, functions, or graphics of the Store.
This Agreement is not a sale and does not convey ownership rights in or related to the Store, the Imonggo.com website, or Imonggo.com's Intellectual Property Rights.
6. Third Party Interactions
During use of the Store, you may correspond with, purchase or sell goods or services from, or participate in promotions of advertisers or sponsors showing goods or services through the Store. Any such activity and related terms, conditions, warranties, or representations are solely between you and the applicable third party.
Imonggo.com and its licensors have no liability, obligation, or responsibility for correspondence, purchase, or promotion between you and any third party. Links are provided only as a convenience, and Imonggo.com and its licensors are not responsible for content, products, or materials on or available from linked sites.
Certain third-party providers of ancillary software, hardware, or services may require additional or different terms before your use of or access to those products or services.
7. Charges, Payments and Refund Policy
You shall pay all subscription fees and charges according to the fees, charges, and billing terms in effect when a fee or charge is due and payable. Initial charges will equal the current number of Stores requested multiplied by the Store subscription license fees then in effect.
Payments must be made monthly in advance unless otherwise mutually agreed in writing. Subscription obligations and payments are non-cancelable and nonrefundable. You are responsible for paying the full Store subscription fee due, whether or not the subscription is actively used.
You must provide Imonggo.com with valid credit card or approved purchase order information as a condition of signing up for the Store. All pricing terms are confidential, and you agree not to disclose them to any third party.
8. Billing and Renewal
Imonggo.com charges and collects monthly in advance for use of the Store. Imonggo.com will automatically renew and bill your credit card or issue an invoice each month on the same calendar, or as otherwise mutually agreed.
The renewal charge will equal the then-current number of total Store branches registered multiplied by the subscription fee in effect during the prior term, unless Imonggo.com has given at least 30 days' prior written notice of a fee increase, effective upon renewal and thereafter. Fees for other services will be charged as quoted.
Imonggo.com's fees are exclusive of taxes, levies, and duties imposed by taxing authorities. You are responsible for payment of such taxes or duties, excluding only Imonggo.com's own income taxes.
You agree to provide complete and accurate billing and contact information, including legal company name, street address, email address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change. Imonggo.com may terminate access to the Store if the contact information provided is false or fraudulent.
9. Non-Payment, Suspension and Termination
Imonggo.com may suspend or terminate this Agreement and your access to the Store if your account becomes delinquent. Delinquent invoices are subject to interest of 1.0% per month on outstanding balances, or the maximum permitted by law, whichever is less, plus expenses of collection. You will continue to be charged during any suspension period.
If you or Imonggo.com initiates termination, you will be obligated to pay the balance due on your account. You agree that Imonggo.com may charge unpaid fees to your credit card or otherwise bill you for them.
Imonggo.com may impose a re-registration fee if you are suspended and later request access to the Store. You acknowledge that Imonggo.com has no obligation to retain Store Owner Data and that such data may be irretrievably deleted if your account is 30 days or more delinquent.
10. Termination upon Expiration or Reduction in Number of Licenses
This Agreement commences on the date you confirm subscription to the Store. For Imonggo Basic Edition, the term is indefinite and may be terminated at any time in Imonggo.com's sole discretion. For Premium and other editions, the initial term will be as selected during the online subscription process or as otherwise mutually agreed in writing.
Upon expiration of the Initial Term, this Agreement automatically renews for successive renewal terms equal in duration to the Initial Term, or one year if the Initial Term is greater than one year, at Imonggo.com's then-current fees. Either party may terminate this Agreement or reduce licenses with at least 30 days' prior notice. For free trials or free use granted, notification shall be provided through the Store on remaining trial days.
If the Agreement is terminated other than by reason of breach, Imonggo.com will make available a file of Store Owner Data within 30 days of termination if requested at the time of termination. You acknowledge that Imonggo.com has no obligation to retain Store Owner Data and may delete it more than 30 days after termination.
11. Termination for Cause
Any breach of payment obligations or unauthorized use of Imonggo.com Technology or the Store will be deemed a material breach. Imonggo.com may terminate your password, account, or use of the Store if you breach or otherwise fail to comply with this Agreement. Imonggo.com may also terminate a free account at any time in its sole discretion.
You acknowledge that Imonggo.com has no obligation to retain Store Owner Data and may delete it if you have materially breached this Agreement, including failure to pay outstanding fees, and the breach has not been cured within 30 days of notice.
12. Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Imonggo.com represents and warrants that it will provide the Store in a manner consistent with general industry standards reasonably applicable to the provision of the Store, and that the Store will perform substantially according to online Imonggo.com help documentation under normal use and circumstances.
You represent and warrant that you have not falsely identified yourself or provided false information to gain access to the Store, and that your billing information is correct.
13. Indemnification
You agree to hold harmless and indemnify Imonggo.com and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or related to your use of the Service, including liability or expense from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.
14. Disclaimer of Warranties
Imonggo.com and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the Store or any content.
Imonggo.com and its licensors do not represent or warrant that use of the Store will be secure, timely, uninterrupted, error-free, compatible with any other hardware, software, system, or data, or that the Store will meet your requirements or expectations. The Store and all content are provided strictly on an “as is” basis. All express, implied, statutory, or other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the maximum extent permitted by law.
15. Internet Services
Imonggo.com's services may be subject to limitations, delays, and other problems inherent in internet and electronic communications. Imonggo.com is not responsible for delays, delivery failures, or other damage resulting from such problems. You are responsible for procuring and maintaining the internet services required for use of the Store.
16. Limitation of Liability
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve-month period immediately preceding the event giving rise to such claim.
In no event shall either party or its licensors be liable for indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type, including loss of data, revenue, profits, use, or other economic advantage, arising out of or connected with the Store, use or inability to use the Store, content obtained through the Store, or interruption, inaccuracy, error, or omission, regardless of cause, even if advised of the possibility of such damages.
17. Local Laws
Imonggo.com and its licensors make no representation that the Store is appropriate or available for use in any location. You are solely responsible for compliance with all applicable laws, including export and import regulations in the countries where you use the Store.
18. Notice
Imonggo.com may give notice by general notice on the Store, by email to your email address on record, or by written communication sent by first class mail or prepaid post to your address on record. Notice is deemed given 48 hours after mailing or posting, or 12 hours after sending by email. You may give notice to Imonggo.com via the facility provided on the Imonggo website.
19. Modification to Terms
Imonggo.com may modify the terms and conditions of this Agreement or its policies relating to the Store at any time, effective upon posting an updated version of this Agreement on the Store. You are responsible for regularly reviewing this Agreement. Continued use of the Store after changes constitutes consent to those changes.
Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an email through the facility provided on the Imonggo website.