These Terms of Service (the “Agreement” or “Terms”) are an agreement between iCollect247 (“iCollect247” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by iCollect247 and of the icollect247.com website (the “Site) (collectively the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
The Site – The Site provides an online marketplace for appropriately qualified sellers (“Seller”) to offer to sell goods (“Items”) to prospective purchasers (“Buyer”). In the event of a sale of any Item, the sale is made directly between the Buyer and the Seller and is governed by these Terms of Service and the Seller’s Conditions of Sale.
Our Authority – iCollect247reserves the right to cease offering the Services at any time and reserves the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to you. iCollect247 reserves the right to refuse service to anyone, to reject any Buyer or Seller membership applications, and to discontinue existing service at any time. iCollect247 also reserves the right to close down any shop, or stop offering any of our services to any Seller due to unprofessional conduct or practices, Buyer complaints, listing components or items that do not meet Site listing requirements, and other issues which we consider, at our sole discretion, to be disruptive to the business and reputation of iCollect247.
iCollect247 is not responsible for addressing or assisting with any disputes between or complaints about any Seller or between Seller and Buyer. In the event of a concern, claim or dispute, Seller shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints from a Buyer about a Seller, we will investigate the complaint at our sole discretion and direct the Seller to respond to the Buyer directly.
Use of the Services –As a condition of using the Services, you represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization or entity and bind them to this Agreement, in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that organization or entity.
You will only use the Services for your own internal use and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. iCollect247 cannot and will not be responsible for your using the Services in a way that breaks the law.
Seller/Buyer Representations and Covenants – By using our services, you represent to iCollect247 that you have legal title to and ownership of the products and the content (including all intellectual property rights) that you feature on the Site. You also represent that the information you have provided to iCollect247 during the registration process and thereafter, including all information relating to your items for sale, whether or not posted on the Site, is to the best of your knowledge complete, truthful and accurate.
You also agree to:
You agree that you will not:
iCollect247 is not responsible, accountable or liable for the accuracy or authenticity of the property sold on the Site.
No pornography, firearms, weapons, or drug paraphernalia is permitted to be listed for sale. Sellers are expected to be honest and truthful to the best of their ability with the knowledge that they have of items. Misleading and falsely represented items will result in a permanent termination of the Seller. We reserve the right to terminate a Seller’s store at any time if we feel they are in breach of this policy. All items are sold as is, where is, with no guarantees of authenticity. Buyers are purchasing at their own risk and are expected to do their own research before buying.
We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site and to any Buyer/Seller, upon your breach of any of the above representations and covenants.
Shop Fees – By accessing our services, you agree to pay all applicable fees set forth below. There are no hidden costs of long-term contracts. We charge a monthly subscription fee based on the tier you select when signing up as a Seller. All Sellers are required to have a debit or credit card added to their account and must be signed up for autopay. iCollect247 will auto bill each Seller on the 1st of every month with the credit card on file. iCollect247 will only collect sales tax on Seller accounts operating or residing in the State of New Jersey. iCollect247 does not collect sales tax for its Sellers. Each Seller is responsible to collect their own state sales tax on items sold. iCollect247 does not handle any part of the Seller and Buyer transaction. We do not collect any money from sales. Buyers are responsible to pay Sellers directly after the checkout process. iCollect247 is a platform that rents space to list their merchandise for sale. We have no involvement in any part of the buying and selling process beyond that.
Return Policy – iCollect247 does not have a return policy. Each Seller is responsible to have their own store return policy. It is up to the individual discretion of the Seller if they choose to accept returns or not. If an item arrives broken or misrepresented or if it is lost or stolen, a Seller must stand behind their product and refund the Buyer or risk having their store terminated by iCollect247.
Release of Claims – iCollect247 is not directly involved in the transaction between Buyer and Seller. Consequently, iCollect247 does not transfer legal ownership of items from the Seller to the Buyer. As a result, iCollect247 does not control the quality, safety, morality or legality of any products sold on the Site; and iCollect247 cannot verify the truth or accuracy of the listings, the ability of the Seller to sell items or the ability of the Buyer to pay for items. iCollect247 does not prescreen users, the information about products being offered for sale, or the products themselves sold on iCollect247. iCollect247 cannot ensure that a Buyer or Seller will actually complete a transaction. For these reasons, Buyers and Sellers use the Service solely at their own risk.
By using the Service, you agree that iCollect247 is not responsible or liable for content uploaded by users of the Service (such as data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links) or the products sold on the Site.
iCollect247 encourages you to communicate directly with potential transaction partners through the tools available on the Site. In the event that you have a dispute with another Seller or with a Buyer, you hereby release iCollect247 (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes.
Trademark Information – The trademarks, service marks and logos of iCollect247 (the “iCollect247 Trademarks”) used and displayed in connection with the Service are trademarks, trade names or service marks of iCollect247. Other third party trademarks, trade names or service marks owned by third parties (the “Third Party Trademarks”). Third Party Trademarks and iCollect247 Trademarks shall be referred to collectively as “Trademarks.”
Nothing contained in this Agreement, nor your use of the Service, shall constitute or be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of iCollect247 specific for each such use. You further agree not to use any Trademark or disparage iCollect247, the Service, or any third party, or third party products or services, in any manner that, in iCollect247’s sole reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless iCollect247 approves the establishment of such link by prior written consent. All goodwill generated from the use of any iCollect247 Trademark shall insure to iCollect247’s benefit.
Termination – This Agreement is terminable at any time by any party. If you terminate this Agreement, you agree to no longer access or use our Site.
Limitation of Liability – You will not hold iCollect247 responsible for the actions or inactions of any Buyer or Seller on the Site. TO THE EXTENT NOT PROHIBITED BY LAW, IN NOT EVENT SHALL ICOLLECT247 BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER, CAUSE, REGARLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ICOLLECT247 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. At no event shall iCollect247’s total liability to you for all damages (other than as may be required by law in cases involving personal injury) exceed, in the case of Seller, the amount of fees you have paid to iCollect247 in the prior twelve (12) months, or, in the event of Buyer, the purchase price you have paid Seller for the item(s) in dispute. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Disclaimer of Warranties – YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ICOLLECT247 SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. THE ICOLLECT247 SITE AND SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ICOLLECT247 SITE AND ITS SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MECHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ICOLLECT247 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED ON OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICOLLECT247 OR AN ICOLLECT247 AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY ITEMS YOU PURCHASE FROM ANY SELLER, AND EXCEPT AS STATED IN OUR RETURN POLICY ON THE SITE, WE DO NOT PROVIDE ANY REMEDIES TO ANY BUYERS/SELLERS WITH RESPECT TO SUCH ITEM.
Indemnification – You agree to defend, indemnify and hold iCollect247, and its affiliates, and their officers, agents, co-branders or other partners and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys’ fees and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party (“Claim”) due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
No Agency – No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Governing Law/Severability – This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, as applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents, without regard to conflicts of law. If for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
Venue – The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in Bergen County, New Jersey for the purpose of litigating all such claims or disputes.
Notices –Unless specifically provided otherwise, all notices under this Agreement shall be provided via certified mail. Notice shall be deemed given seven (7) calendar days after the date of mailing. Our address for notices is: 12-45 River Road, Suite 354, Fair Lawn, New Jersey 07410.
Notices from iCollect247 to you shall be sent to the email address you provided during the registration process.
Entire Agreement – This Agreement constitutes the entire agreement between you and iCollect247 and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and iCollect247. Paragraph headings are for convenience only and not for interpretation of this Agreement.
Amendments – iCollect247may amend this Agreement at any time at our sole discretion by posting the amendment(s) on the Site. You will be notified of any such amendments when you next log on to our Site and will be asked to accept the new amendments before you can proceed further.