Terms and Conditions

1 ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE (TOS).

This fulfillment Program ("Service") is owned and operated by Inner Esteem Sdn Bhd(“Inner Esteem”). This program is being provided to visitors and patrons ("Users") of the Hosted Web site ("Host") under the terms and conditions of these ("TOS"), as well as any operating rules or polices that may be published by Inner Esteem. The TOS comprises the entire agreement between User and Service and supercedes any and all prior agreements between the parties regarding the subject matter that contained herein. PLEASE NOTE: BY REGISTRATION FOR AN ETOSHOP(freestuff.etoshop.com) ITEM AND COMPLETING REGISTRATION, YOU ARE CONFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD, YOU HAVE VERIFIED ALL THE INFORMATION ON YOUR ORDER, AND YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE TOS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE AND DO NOT SUBMIT AN ORDER ON THIS SITE.



2 DESCRIPTION OF SERVICE

The fulfillment Program allows Users of this Host site, Etoshop Free Stuff service. Users of these services receive either (a) Free Software, DVD, Video, Music and Accessory items and are only obligated to pay for the shipping and handling of each item, or (b) items with a price-point that are sold with no shipping and handling charges (exceptions for international shipments). The fulfillment program retains the right to refuse service to anyone with or without notice.

Inner Esteem makes every effort to provide users with the most accurate, up-to-date representations via our product descriptions. In the case of software version numbers and other pertinent information, it is the User's responsibility to read the information provided before registering for a free product. Please note that in the case of software products, pictures of retail boxes are shown only to describe the product, software products, in many cases, will not be shipped in the retail box shown, as explained in the FAQ.

IMPORTANT: It is the User's responsibility to read the information provided before purchasing the product and to make sure that the software program is compatible with their computer system. Inner Esteem will not be held responsible for any damage or loss of hardware, software or data caused by installing software that is not compatible with the User's computer system or that was not installed according to the installation instructions provided for the software program. Please read the Readme.txt file contained on the software disc before installing the program as it contains important information on the installation and use of the program.



3. Shipping and Payment information.

Some shopping cart items for Etoshop Free Stuff(http://freestuff.etoshop.com) are being offered free. Users are, however, responsible for paying the shipping and handling charges associated with each item. The shipping and handling charges were established by taking the average delivery charges for products.

These charges include processing, packaging, warehousing, customer service, replacement insurance for defective items, advertising recapture, and various other charges imposed by our couriers. Other shopping cart items have a price-point and are sold with no shipping and handling charges. Charges are for each item. Credit cards will be automatically charged for each item selected at point of transaction.

Additional charges apply to International Shipping and Re-shipping due to User's error.

Payment Terms: The fulfillment Program accepts American Express, MasterCard, Visa and Discover. Cashier's checks(U.S Fund), money orders(U.S Fund), company checks(U.S Fund) and personal checks (U.S Fund)are also acceptable means of payment.

Please Note: Credit card statement will reflect total charges for orders from "ISC Software". Under the Electronic Signatures in Global and National Commerce Act, Inner Esteem accepts electronic signatures as valid approval of an order with the same force of law as a written signature on paper.

Inner Esteem reserves the right to monitor order activity to provide credit card security for users. To protect users, credit card orders may be delayed if order activity or credit card information provided is believed to be in bad faith, or in possible violation of local laws or restrictions.

A check or money order, made out in U.S. dollars and payable to my Biz partner“ Tuan Roon Loy” can be sent along with a printout of the order to:

**************************************
To: Tuan Roon Loy
P.O. Box 1648
Union City, CA 94587-1648
U.S.A.
***************************************

Orders paid by means other than a credit card are subject to product availability change while payment is in transit or funds are being cleared and Inner Esteem cannot reserve product or guarantee continued availability. All checks returned unpaid will be subject to a $30.00 fee charged to the user.

Shipping Terms: Inner Esteem makes every effort to ensure that orders are delivered on time. All of the order will be sent via normal USPS mail. Total delivery time is based on order processing time plus shipping time. Order processing (Shipping) time includes credit verification, time to pick and pack each order, and packaging. The order may take up to 5 to 7 business days. Delivery time is the time it takes an independent mailing house to sort and label packages and the time it takes the shipping courier to deliver packages to your door. Estimated delivery within continental U.S. is 5-7 business days. 7-14 business days for International orders depend on country of destination. Delivery times are based on the shipping courier's best estimate. Inner Esteem is not responsible for any shipping company's error or delay during transit or the resulting damage or loss of value, time, profit or money. Customer is responsible for a re-shipping charge of $10.00 if package is returned undeliverable due to customer's error.

Backorders: The delivery times stated apply to items that are IN STOCK. If an item is on back order, the delivery time will begin when the item is actually shipped. Items placed on backorder are shipped as they become available from the manufacturer. If any part of your order is back-ordered, shipment of the order may be delayed until all units have been fulfilled.

International Shipping: Due to warranty issues and manufacturer's restrictions or mailing difficulties, the product may not be able to ship to all geographical locations.

Furthermore, User is responsible for any and all import duties, taxes, and custom charges and must comply with all laws and regulations of the country in which User is receiving the goods. Customer is responsible for a re-shipping charge of $15.00 if package is returned undeliverable due to customer's error.

Refunds, Returns, Cancellations, Missing Items: All sales are final. Shipping and handling (i.e. labor) charges for free items are not refundable. Refunds or replacements of any defective, damaged or returned items will only be allowed if:

1. The customer contacts Inner Esteem Sdn Bhd. Customer Service at (510) 207-7210 or by e-mail at freestuff@etoshop.com to submit a Customer Service action Form and receive a Return Merchandise Authorization (RMA) number.

2. The item(s) is returned to Inner Esteem Sdn Bhd. within 30 days of receipt of delivery by the customer and includes the RMA number;

3. Any item that is returned must be in its original box and packaging (if applicable), and include any warranty cards, manuals, and accessories; and

4. As for compact disc, the sticker sealing the disc jacket must be intact and seal unbroken;

Any variance from these conditions could result in delay or forfeiture of your replacement item or refund. Orders accepted for return are subject to a $15.00 restocking fee. Order cancellations will only be accepted if the package has not yet been shipped. Missing items must be reported within fifteen (15) days of receipt of the package to be eligible for reshipment.

Credit Card Disputes: If a User disputes a credit charge, Inner Esteem reserves the right to charge said User a $25.00 service charge for investigative purposes if we find the charge back has no basis.


4. MODIFICATIONS TO TERMS OF SALE.

Inner Esteem reserves the right to modify or discontinue the sale of product with or without notice. Inner Esteem, the Host site, and affiliates shall not be liable to User or any third party should Inner Esteem exercise its right to modify or discontinue the product offering. From time to time, Inner Esteem, may, in its sole discretion, exchange products or portions of a product when a particular item is out-of-stock.


5. DISCLAIMER OF WARRANTIES.

USER EXPRESSLY AGREES THAT USE OF THE SERVICE PROVIDED BY THIS PROGRAM IS AT USER'S SOLE RISK. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, INNER ESTEEM, IT'S AFFILIATES, AND THE HOST SITE MAKE NO FURTHER REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ANY PRODUCT PURCHASED, ANY TRANSACTIONS ENTERED, OR ANY DESCRIPTIONS DISPLAYED ON THIS SITE. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, INNER ESTEEM, IT'S AFFILIATES, AND THE HOST SITE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INTERNET SITE, THE PRODUCTS OFFERED, AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. INNER ESTEEM, IT'S AFFILIATE, AND THE HOST SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OBTAINED BY USER FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO USER.



6. LIMITATION OF LIABILITY.

INNER ESTEEM, IT'S AFFILIATES, THE HOST SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE. INNER ESTEEM, IT'S AFFILIATES, THE HOST SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING FROM THE USE OF OR RELATED TO ANY PRODUCT PURCHASED FROM THIS INTERNET SITE. INNER ESTEEM, IT'S AFFILIATES, THE HOST SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK, TRADE DURESS, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, OR BY THE UNAUTHORIZED USE OF, OR ACCESS TO, THE SERVICE. INNER ESTEEM, IT'S AFFILIATES, THE HOST SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING FROM USE OF OR RELIANCE UPON THE DESCRIPTIONS, SUGGESTIONS, RECOMMENDATIONS, OR OTHER STATEMENTS CONTAINED ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO USER.



7. PROPRIETARY RIGHTS TO CONTENT

USER ACKNOWLEDGES THAT CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT, SOFTWARE, MUSIC, SOUND, GRAPHICS, VIDEO OR OTHER MATERIAL CONTAINED ON THE SITE, IN ADVERTISEMENTS, OR THE SERVICE ITSELF IS PROTECTED BY COPYRIGHTS, TRADEMARKS, TRADE DRESS, SERVICE MARKS, OR OTHER PROPRIETARY RIGHTS AND LAWS. USER MAY NOT COPY, REPRODUCE, DISTRIBUTE, OR CREATE DERIVATIVE WORKS FROM THIS CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF THE INNER ESTEEM, ITS AFFILIATES, OR THE HOST SITE.



8. ATTORNEY'S FEES

Should any litigation be commenced between the parties to this TOS, or the rights and duties of either in relation to this TOS, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted, to a reasonable sum as and for its attorney's fees in that litigation which shall be determined by the court in that litigation or in a separate action brought for that purpose.



9. GOVERNING LAW.

This TOS shall be governed by and construed in accordance with the laws of the State of California. User and the Service agree to submit to the exclusive jurisdiction of the courts of the State of California If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties. Inner Esteem's failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by legal counsel of Inner Esteem in writing.



10. SUCCESSORS AND ASSIGNS

This Agreement shall be binding on and shall inure to the benefit of the parties to this TOS and their respective heirs, assigns, executors, and administrators.

11. Inner Esteem, and all page headers, custom graphics and custom icons are service marks and trademarks of Inner Esteem Sdn Bhd. All other trademarks, copyrights, product names, and company names or logos cited herein are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions: or (b) with the prior written permission of Inner Esteem Sdn Bhd. or such third party that may own the trademark or copyright of information displayed on this Site