Terms of Use

 

  1. Scope of Agreement
    1. The Provider shall provide the Vendor access to its Platform for listing, promoting, and selling the Vendor’s products and/or services.
    2. The Vendor shall utilize the Platform in accordance with this Agreement and the Provider’s policies, which may be updated from time to time.
  2. Vendor Obligations
    1. The Vendor shall ensure that all products and services listed on the Platform comply with applicable laws, regulations, and industry standards.
    2. The Vendor shall:
      1. Provide accurate and complete product descriptions, pricing, and specifications.
      2. Obtain and maintain all necessary licenses, permits, and approvals for selling its products/services.
      3. Ensure timely delivery of products/services to customers in accordance with the agreed timelines.
      4. The Vendor shall comply with all applicable tax laws and remit all taxes, duties, and other government levies.
  3. Provider Obligations
    1. The Provider shall:
      1. Maintain and operate the Platform to facilitate transactions between the Vendor and customers.
      2. Ensure the security and confidentiality of data shared by the Vendor.
      3. Provide timely updates on any changes to the Platform’s terms of use or functionality.
    2. The Provider shall assist the Vendor in addressing technical issues related to the Platform.
  4. Compliance
    1. Both parties agree to comply with all applicable laws, including but not limited to:
      1. Consumer protection laws
      2. Data protection and privacy regulations
      3. Intellectual property laws.
    2. The Vendor shall not list or sell prohibited, counterfeit, or illegal items on the Platform.
  5. Intellectual Property
    1. The Vendor grants the Provider a non-exclusive, royalty-free license to use the Vendor’s trademarks, logos, and product images for the purpose of promoting and listing products on the Platform.
    2. Each party retains ownership of its intellectual property and proprietary materials.
  6. Fees and Payments
    1. The Provider shall charge the Vendor fees for using the Platform, as detailed in Schedule A. 6.2. The Provider shall remit payments collected from customers (minus applicable fees) to the Vendor within [number] days of the transaction.
  7. Confidentiality
    1. Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of this Agreement.
    2. Confidential information shall not be disclosed to any third party without prior written consent, except as required by law.
  8. Indemnification
    1. The Vendor agrees to indemnify, defend, and hold the Provider harmless from any claims, losses, or damages arising out of:
      1. The Vendor’s breach of this Agreement.
      2. The sale of defective or non-compliant products/services. 8.2. The Provider agrees to indemnify the Vendor against claims arising out of the Provider’s gross negligence or willful misconduct.
  9. Term and Termination
    1. This Agreement shall remain in effect until terminated by either party with [number] days’ written notice.
    2. The Provider may terminate this Agreement immediately in the event of:
      1. The Vendor’s breach of this Agreement.
      2. The Vendor’s involvement in illegal activities.
  10. Limitation of Liability
    1. The Provider’s liability under this Agreement shall be limited to the fees collected from the Vendor in the [preceding month/year]. 10.2. Neither party shall be liable for indirect, incidental, or consequential damages.
  11. Dispute Resolution
    1. Any disputes arising under this Agreement shall be resolved through negotiation. If unresolved, the disputes shall be referred to mediation or arbitration as per the rules of [Arbitration Body/Institution].
    2. The governing law for this Agreement shall be the laws of [Jurisdiction].
  12. Miscellaneous
    1. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
    2. Any amendments to this Agreement shall be made in writing and signed by both parties. 12.3. Notices under this Agreement shall be sent to the addresses specified above.