Last updated: 18-06-2019
This Sellers’ Agreement (hereinafter: The “Sellers’ Agreement”) is entered into by and between the Sellers/Memberships (among themselves) using this Website www.hybridshipping.com & app.hybridshipping.com hereinafter: (“The Website”) and/or System: The “hybrid System” software (hereinafter: “the System”), that are managed and operated by “IM CONSULTANT”, LLC (hereinafter: “The Operator “)
The terms Seller/Membership are subject to all the Sellers who sell goods through Market Place’s platform and are registered to the System (hereinafter: “The Seller/Membership “).
The term “Market Place”: each of the mentioned websites at the following list : Market Places List and Third Party’s Services list
(hereinafter: “Market Place”).
The terms “Content” or “Contents” include any kind of information, including any verbal, visual, audio, audio-visual or any combination thereof, as well as the designing, processing, editing, distributing and displaying thereof, including (but not only): any picture, photograph, illustration, animation, drawing, image, imaging, sample, clip, sound and music files; any software, file, computer code, application, format, protocol, data base and interface and any note, sign, symbol or icon (hereinafter: “Content/s”).
The Sellers, intending to be legally bound by completing the contract formation process for the use of this Website and/or System, hereby agree as follows:
The Sellers’ statement and engagement to each other;
- The Sellers give each other solely a limited, non-exclusive, non-transferable, non-sub licensable permission to use each other’s intellectual property Content and materials only for the purpose of selling the goods by using the Website and/or System, the Sellers will not be permitted and/or authorized to use any Content belongs to other Seller out of the Website and/or System.
- The Sellers agree that they will use each other’s intellectual property Content and materials only according to the other’s Seller authorizations including but not limited to the item’s name and/or brand and/or photos and/or trading marks and/or descriptions and/or photos and/or any other intellectual property related to the items offered by the other Seller.
- The Sellers commit to each other and they are declaring that they own or otherwise control the rights to the Content and any and all elements thereof; that they have the rights from any and all third parties appearing in such Content to use such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your submission of said Content; and that the submitted Content will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations.
- The Sellers commit to each other not to violate the rights of the other party or infringe patent, trademark, trade secret, copyright, or other intellectual property right of any party; or, are libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.
- Each Seller’s sole responsibility is to write at his restrictions of selling the item, is any case the Operator will be responsible for the Seller’s violation of the restrictions.
- The Sellers will offer for sell each other’s goods only by the terms determined by the Seller. Each Seller will obey to the other Seller’s restrictions and it the sole responsibility of the Seller to follow the restrictions.
- The Sellers hereby commit they will act and fulfill all of Market Place’s policies and/or conditions and/or restrictions and/or rules, including but not limited to the following: selling policies, Seller code of conduct, bundle policy, shipping policy, listing restrictions and/or any other Market Place’s terms related to the Users.
- The Sellers commit to each other to withstand and fulfill their terms of selling, including but not limited to: delivery time, good’s quality and warranty terms, returns as a result of defects, money refund and/or indemnification and/or compensations.
- Until the Order was not executed, the Seller will be able to cancel the order without any payment to the other Seller, after the order was executed, the Seller will not be able to cancel the order, unless both Sellers will agree otherwise between them. .
- An order will be considered ad an executed order if the System has sent to the Seller the tracking no. with the latest evaluation of delivery time (hereinafter: “The Order Execution Time”).
- Each seller could block other seller from selling his products (for any reason), blocking a seller will prevent from him to offer for sale and/or sale and/or use all all related materials to such products, such blocking will be valid to all products related to the blocking side.
The Sellers’ statement and engagement to the Operator and/or System:
- The Sellers shall have no claim, suit or demand against the Operator due to the features of the Contents, their capabilities, limitations, compliance with the Seller’s needs or responses resulting (if any) from the publication of Contents on the Website and/or System.
- Use of the Website and /or System, is, therefore, performed at the Seller’s full and sole responsibility.
- As long as authorizations are being used according to the Seller’s orders and terms, the Operator will not be responsible for any claim and/or demand and/or damage and/or any other consequence as a result of using the System.
- The Sellers acknowledge that the Operator and/or System are not responsible for, and has no liability for, any non-payment or other non-performance of corporation with other Seller that made through the Website or System and any other violation and/or dispute with the other Sellers, for an example : violating the a Seller restrictions.
- In case of any dispute between the Sellers, such as unsupplied order and/or refunds and/or in any other matter arising from this engagement, the Sellers commit to solve their arguments by themselves and act according to the published terms settled at their terms of selling.
- The Website and the Operator will not be responsible to any dispute between the Sellers regarding to intellectual property, including copyrights at the Content, the parties will be responsible to settle this issue between them only and they and/or any third party will have no claims or demands to the Operator.
- “Confidential Information” means all information related to the each party’s business and prospects or related to a work product delivered or agreed to be delivered from the Seller to the buyer, confidential information shall not include information that was known to each party prior to the disclosure hereunder or information that becomes publicly available through third party.
- The parties agree that during the term of this agreement and thereafter, except as expressly authorized in writing by them, the parties (a) will not use or permit the use of confidential Information (as defined below) in any manner or for any purpose not expressly set forth in this agreement; (b) will not disclose or permit others to disclose any confidential information to any third party without first obtaining any party’s express written consent; and (c) will limit access to confidential information to each party’s personnel and professional advisors who need to know such information in connection with their work and are bound by duties of confidentiality at least as restrictive as those herein.
Independent Contractors; No Agency:
- Nothing in this agreement should be construed as creating an agency, partnership, joint venture, franchise, or employment relationship between the parties.
Electronic Signatures: and notes:
- This agreement will be executed in one or more counterparts on the Website and/or System.
- Each party agrees that the electronic signatures, and the applicable clicks, are intended to authenticate this agreement and are to have the same force and effect as manual signatures.
- “Electronic signature” means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile, clickwrap or e-mail electronic signatures.
Each party, having caused their authorized representatives to affirm and execute this agreement, intend to be bound by the terms and conditions of this Agreement.