Terms & Conditions
Effective Date: 01 April 2024
Welcome to SHOPVERSE MARKETPLACE LLC
This Terms of Service Agreement (the 'Agreement') is a legally binding contract between you ('User,' 'you,' or 'your') and SHOPVERSE MARKETPLACE LLC ('SHOPVERSE,' 'we,' 'us,' or 'our'), encompassing all platforms, subsidiaries, and products owned by SHOPVERSE MARKETPLACE LLC. This Agreement governs your use of SHOPVERSE MARKETPLACE LLC’s Petwholesaler.com marketplace platform (the 'Platform'), which facilitates connections between vendors, distributors, and manufacturers ('Vendors') and retailers ('Retailers') for the sale and purchase of products.
By accessing or using the Platform, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the Platform.
1. Eligibility
1.1Eligibility Requirements: You must be at least 18 years old and have the legal capacity to enter into this Agreement.
1.2 Business Use: The Platform is intended for business-to-business transactions only. By using the Platform, you represent that you are using it for business purposes and not for personal, family, or household use.
2. Account Registration
2.1 Account Creation: To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Use of the Platform
3.1 Permitted Use: You may use the Platform to browse, list, sell, and purchase products in accordance with this Agreement and applicable laws.
3.2 Prohibited Activities: You agree not to:
- Use the Platform for any illegal or unauthorized purpose.
- Interfere with or disrupt the operation of the Platform.
- Violate any third-party rights, including intellectual property rights.
- Post false, misleading, or deceptive content.
4. Listing and Selling Products
4.1 Product Listings: Vendors may list products for sale on the Platform. Product listings must be accurate, complete, and not misleading. Vendors are responsible for ensuring that their products comply with all applicable laws and regulations.
4.2 Order Fulfillment: Vendors are responsible for fulfilling orders placed by Retailers in a timely and professional manner. Vendors must provide accurate shipping information and comply with any shipping and delivery terms agreed upon with Retailers.
4.3 Pricing and Payment: Vendors set their own prices for products. SHOPVERSE MARKETPLACE LLC will process payments from Retailers on behalf of Vendors and remit the proceeds to Vendors after deducting any applicable fees.
5. Buying Products
5.1 Order Placement: Retailers may place orders for products listed on the Platform. By placing an order, Retailers agree to pay the specified price for the products and any applicable taxes and shipping fees.
5.2 Payment Processing: SHOPVERSE MARKETPLACE LLC will process payments from Retailers using a third-party payment processor. Retailers agree to provide accurate payment information and authorize SHOPVERSE MARKETPLACE LLC to charge the specified amount to their payment method.
5.3 Shipping and Delivery: Retailers are responsible for providing accurate shipping information. Vendors are responsible for shipping products to Retailers in accordance with the agreed-upon terms.
6. Fees and Payments
6.1 Service Fees: SHOPVERSE MARKETPLACE LLC may charge service fees for the use of the Platform. Any applicable fees will be disclosed to you in advance and may be subject to change.
6.2 Payment Terms: Payments to Vendors will be made in accordance with the payment terms specified on the Platform. SHOPVERSE MARKETPLACE LLC may withhold payments or offset amounts owed to SHOPVERSE MARKETPLACE LLC by Vendors in connection with any disputes or chargebacks.
7. Disputes and Resolution
7.1 Dispute Resolution: In the event of a dispute between a Vendor and a Retailer, the parties agree to the first attempt to resolve the dispute amicably. If the dispute cannot be resolved, either party may contact SHOPVERSE MARKETPLACE LLC for assistance.
7.2 Binding Arbitration: Any dispute arising out of or relating to this Agreement, or the use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in San Antonio, Texas.
8. Intellectual Property
8.1 Ownership: SHOPVERSE MARKETPLACE LLC owns all rights, title, and interest in and to the Platform, including all intellectual property rights.
8.2 License: SHOPVERSE MARKETPLACE LLC grants you a limited, non-exclusive, non-transferable license to use the Platform in accordance with this Agreement.
9. Limitation of Liability
To the fullest extent permitted by law, SHOPVERSE MARKETPLACE LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of the Platform; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Platform; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Platform by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Platform.
10. Indemnification
You agree to indemnify, defend, and hold harmless SHOPVERSE MARKETPLACE LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Platform or your violation of this Agreement.
11. Termination
11.1 Termination by You: You may terminate your account at any time by providing notice to SHOPVERSE MARKETPLACE LLC.
11.2 Termination by SHOPVERSE MARKETPLACE LLC: SHOPVERSE MARKETPLACE LLC may terminate or suspend your account or access to the Platform at any time, without notice, for conduct that SHOPVERSE MARKETPLACE LLC believes violates this Agreement or is harmful to other Users of the Platform or SHOPVERSE MARKETPLACE LLC's interests.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
13. Changes to this Agreement
SHOPVERSE MARKETPLACE LLC reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement on the Platform. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.
14. Contact Information
If you have any questions about this Agreement, please contact us at: info@petwholesaler.com
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.