VENDOR TERMS AND CONDITIONS
This agreement contains the terms and conditions that govern your access to and use of the services through a particular account or accounts and is an agreement between you or the business you represent (“you”) and OMNIVERCE LTD with regards to the use of the Ecommerce Online Marketplace on www.omniverce.com (the “website or site”).
By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this agreement, including the service terms and programme policies for each service you register for or use in connection with the OMNIVERCE site.
As used in this Agreement, “we,” “us,” and “OMNIVERCE” means the OMNIVERCE LTD named in the applicable VENDOR Terms. Capitalized terms have the meanings listed in the Definitions below. If there is any conflict between these VENDOR TERMS and the GENERAL TERMS AND CONDITIONS, the General Terms and Conditions agreement shall prevail.
A. Acceptance of this Agreement directly or indirectly shall include your affirmative action of clicking on “I Accept/I Agree” provided at the end of the Agreement;
B. Agreement shall mean this Vendor Agreement in its entirety and shall include any amendment thereto, from time to time;
C. Buyer shall mean the person who accept the Vendor’s offer to purchase the product through the Website or Application.
D. Product(s) shall mean the goods inclusive of customized goods as exhibited and offered by the Vendor for sale on the website or application.
E. Selling Price shall mean the price of the goods as exhibited on the website or application
The General policies applicable for all the visitors, users and members of OMNIVERCE as regards to its software, mobile or web application/s, website and offline resources and marketplace are an integral part of this agreement. In addition to these General policies there may be specific policies governing separate “Programmes” or “Services” (Programme Policies) of OMNIVERCE. These Specific policies shall form an integral part of this agreement in as much as it applies to Vendors.
PERSONAL INFORMATION THAT OMNIVERCE GATHERS
The information gathered from the customers is used to assist Vendors in handling orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records, customize future shopping for you and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. The information is also used to prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or any other miscellaneous functions on our behalf.
LISTING, SALE AND DELIVERY OF THE PRODUCT
A. By exhibiting and listing any Product on the Website or Application, you hereby agree to make an “Offer to sell” of your Product to the users of the Website or Application. Further, if such offer is accepted by any user, the same shall be binding upon you.
B. The product shall be authenticated in nature in terms of brand name, specifications, images and costing of the product. The description of the product shall be done by the way of text descriptions, images or videos.
C. The Vendor hereby agrees that the product description shall not be misleading in nature, if contrary, the Vendor shall refund and permit us to refund any amounts to the buyer.
D. The Vendor hereby agrees that the Consent has been obtained for exhibiting or listing the product on the Website or Application. Further, we would not be liable for claims of any manner, whatsoever, if being raised by the third party pertaining to exhibiting or listing of the Product.
E. The Vendor shall be solely responsible for updating the availability of the products on the website or application.
F. The Vendor shall ensure that the products are timely dispatched and delivered to the user.
G. The Vendor also agrees not to exhibit, advertise or list all the illegal products on the website or application. Further, if we find any such products, we shall have all the legal remedies under the applicable laws and this Agreement.
H. Vendor’s may be charged a listing fee in accordance with OMNIVERCE’s prevailing listing fees’ rules and charges. You acknowledge and agree that:
I. OMNIVERCE does not represent or warrant that any OMNIVERCE Fees paid or payable will lead to a like, offer, chat and by extension, sale;
J. There will be no refunds in the event that:
(i) your Account is suspended or terminated due to a breach of these Terms; and/or..
(ii) any Content has been removed in accordance with these Terms; and;
RULES OF ACCEPTABLE USE
In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this clause.
When using the Service, you must not:
Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
Give any false or misleading information in your Account details.
Permit another person to use the service under your name or on your behalf unless you are a business and such person is authorized by you.
Use the service if we have suspended or banned you from using it.
Send Junk, spam or repetitive messages.
Engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise beaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
Modify, interfere, intercept, disrupt or hack the Service.
Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
Collect any data from the Service other than in accordance with these Terms of Service.
Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as OMNIVERCE may decide in its absolute discretion.
Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
Offer to sell or buy any of the items we listed as prohibited – items – OMNIVERCE has a zero-tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than PayPal or any relevant credit or debit cards (if applicable) available through the Service.
Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.
Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
Mine data, screen scrape or crawl any part of the Service.
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
– immediate, temporary or permanent withdrawal of your right to use our Service;
-immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
-issuing of a warning to you;
-legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
– disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
– We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your Web browser accesses OMNIVERCE or our partner site/s or advertisements and other content served by or on behalf of OMNIVERCE on other Websites. The designated account shall be only in the name of the Vendor in accordance with the applicable laws.
We also collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from the devices (including mobile devices) you use – when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. This information comprises the following: Device ID or unique identifier, device type, ID for advertising, and/or unique device token.
Geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings’ menu.
Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.
The Vendor while communicating through E-mails with us consent to receive communications via electronic records. Further, the Vendor also hereby acknowledges to waive off all the rights to challenge the service of documents, if the same is served via electronic records.
Further, we might receive information about you from other sources and add it to our account information.
We may supplement the information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.
We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites might provide us with the access to certain personal information retained by them about you. We control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to your personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social media sites.
SHARING THE INFORMATION, WE RECEIVE
Information about our customers is an important part of our business and we are not in the business of selling it to others. OMNIVERCE shares customer information only as described below and with associates or partners under the control of OMNIVERCE Private Limited (such as its subsidiaries/agents) and that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
AFFILIATED BUSINESSES WE DO NOT CONTROL
We work closely with affiliated businesses. In some cases, such as Marketplace Vendors, these businesses operate stores at OMNIVERCE or sell offerings to you at OMNIVERCE. In other cases, we provide services jointly with or on behalf of these businesses. When a third party is involved in your transactions, we share customer information related to those transactions with that third party.
THIRD PARTY SERVICE PROVIDERS
We employ companies and individuals to perform functions on our behalf. Viz. fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. The Vendors would be provided access to personal information needed to perform their functions, which they shall not use for any other purposes without our explicit consent.
Sometimes we send offers to selected groups of OMNIVERCE customers on behalf of other businesses. While sharing, we do not share the detail business your name and address. If you do not want to receive such offers, please adjust your Communication Preferences.
COMMERCIALS, TAX MATTERS AND AUDIT
A. We shall charge Marketing Fees, Logistic Service Provider Fees, and any other fees as applicable and agreed by the Vendor and us in the electronic communications. We shall have the right to amend the fee or introduce any new fee with a prior notice.
B. The Vendor shall be solely responsible for collecting and paying any taxes of any manner whatsoever in accordance with the applicable laws.
C. We shall have the right to inspect your records and premises/place of business from where the products are dispatched.
The Vendor hereby agrees not to disclose any of the accessed Confidential Information whether it be of the User or of OMNIVERCE.
The Vendor shall indemnify and hold us harmless against any losses, damages, settlement, costs, taxes, penalty and expenses etc. Further, the Vendor shall ensure that OMNIVERCE is not made a party to any third-party claims.
We can terminate the agreement by giving a Seven days’ notice to the Vendor in case of any breach of the terms of this Agreement.
As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that www.omniverce.com , and all of its assets are acquired, customer information will of course be one of the transferred assets.
PROTECTION OF OMNIVERCE AND OTHERS
We release account and other Personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of OMNIVERCE, our users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.
SERVICE PROVIDERS AND FINANCIAL INSTITUTION PARTNERS
Third party service providers who help us to provide our Services, payment processing services, logistics, packaging and handling, insurance, or other value added services, assist us in providing customized advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our general terms and conditions and/or security breaches, bill collection, affiliate and rewards programs, co-branded products/services and other business operations can use your personal information to send you marketing communications only if you have requested their services.
Third party financial institution partners who may offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third-party financial institution partners will use your personal information to send you marketing communications only if you have requested their services.
REGULATORY/COMPLIANCE RELATED SHARING OF INFORMATION
We may be required to share any of your aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for OMNIVERCE to disclose your information, if so, required under the applicable law.
To comply with our legal requirements, enforce our User Agreement, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property or safety.
To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history to credit agencies or bureaus as authorized by applicable national laws (e.g. information on late or missed payments or other defaults on your account that may be reflected in your credit report or file) to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
SECURITY OF INFORMATION
We work to protect the security of the User’s information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information the User inputs in addition to maintaining security of information as per the International Standard IS/ISO/IEC 27001 on “Information Technology Security Techniques Information Security Management System-Requirements”.
If the User has asked us to store credit/debit card information for quick check out or other purposes, we reveal only the last four digits of the credit/debit card numbers when confirming an order. Of course, we transmit the entire information to the appropriate credit card company during order processing.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
THIRD-PARTY ADVERTISERS AND LINKS TO OTHER WEB SITES
Our site may include third-party advertising and links to other Web sites. For more information about third party advertising on OMNIVERCE, including personalized or interest-based ads, please read our policy on Ads.
This Privacy Notice addresses only the use and disclosure of personal information that you provide to OMNIVERCE or that we collect from you. If you disclose your information to others, or if you are directed to a third-party website, their privacy notices and practices will apply.
OMNIVERCE cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. This is true even where the third parties to whom you disclose personal information are members, buyers or Vendors on our sites.
OTHER USER’S ACCESS OF YOUR PERSONAL INFORMATION ON OUR SITES/APPLICATIONS WHEN YOU SHARE INFORMATION.
Other users have access to the information you share on OMNIVERCE. For example, other users can see your purchases, items for sale, your collections, your portfolio, projects, names and IDs of Vendors and collections you follow, storefronts, Feedback, ratings and associated comments. Other users can also see any information you chose to share in your profile or your collections.
To help protect your privacy, we allow only limited access to other users’ contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other’s name, User ID, email address and other contact and shipping information.
HOW YOU SHOULD USE THE INFORMATION YOU RECEIVE ON OMNIVERCE
When you are in a transaction with another user, we enable you to obtain or we may provide you with the personal information of the other user (such as his/her name, account ID, email address, contact details, shipping and billing address) to complete the transaction. We encourage you to inform the other user about your privacy practices and respect his/her privacy. In all cases, you must give the other user a chance to remove himself/herself from your database and give him/her a chance to review what information you have collected about them. You may use the personal information that you have access to only for OMNIVERCE authorized transaction-related purposes, or for other services offered through the website or application and for purposes expressly consented by the user to whom the information relates. Using personal information of other users that you have access to for any other purpose constitutes a violation of our user agreement.
You can control the methods by which we may contact you about your account, and your buying and selling activities in the Communication Preference section within your OMNIVERCE Profile or via electronic records.
This Agreement will also govern the marketing relationship between the Vendor and OMNIVERCE.
If you do not wish to participate in our advertising personalization programs, you can opt out by following the directions provided within the applicable advertisement, or directly in your profile section at our site. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.
NOTICES AND REVISIONS
If the Vendor has any concern about privacy or grievances at OMNIVERCE, please contact us with a thorough description of the problem and we shall try to resolve the same at the earliest. Our business changes constantly and our Privacy Notice and the Conditions of Use will change simultaneously. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes.
Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without giving a reasonable opportunity to you to review the changes and communicate your decisions.
This Agreement shall be interpreted under and governed by the laws of Barbados as applied to an agreement made and wholly performed within the country of Barbados.
Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.