Vendor Terms and Conditions of DesiHeartBeats Inc e-Commerce Marketplace Platform

These Vendor Terms and Conditions (“Agreement”) govern your use of the DesiHeartBeats Inc e-Commerce Marketplace Platform (“Platform”) as a vendor. By accessing or using the Platform, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use the Platform.

1. Definitions

– “DesiHeartBeats Inc” refers to the e-Commerce marketplace platform operated by DesiHeartBeats Inc, a company based in Delaware, USA.

– “Platform” refers to the DesiHeartBeats Inc e-Commerce Marketplace Platform and any associated websites, applications, or services.

– “Vendor” refers to the supplier, manufacturer, or individual who registers and sells products through the Platform.

– “Customer” refers to any individual or entity that purchases products through the Platform.

– “User” refers to any person who accesses or uses the Platform.

2. Registration and Vendor Account

2.1 Account Creation

To become a vendor on the Platform, you must create an account. You agree to provide accurate and complete information during the registration process and to keep your account information updated.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your account information with others or allow unauthorized access to your account. DesiHeartBeats Inc is not liable for any unauthorized use of your account.

3. Use of the Platform

3.1 Eligibility

To use the Platform as a vendor, you must be at least 18 years old and capable of entering into a legally binding contract. By using the Platform, you represent and warrant that you meet these requirements. By registering as a vendor on the Platform, you represent and warrant that you are a legal resident of your current country and that you are legally allowed to sell products. You are solely responsible for complying with all applicable laws, regulations, and obligations related to your business activities, including but not limited to taxation, licensing, permits, and product compliance.

DesiHeartBeats Inc does not actively verify the legal residency or authorization of vendors to sell products. It is your responsibility to ensure that you have the necessary legal rights and permissions to engage in commercial activities.

3.2 Compliance with Laws and Policies

You agree to comply with all applicable laws, regulations, and the policies set forth by DesiHeartBeats Inc when using the Platform. This includes compliance with any product safety, labeling, and licensing requirements. You are solely responsible for ensuring that your products and business practices comply with all applicable laws.

3.3 Product Listings

As a vendor on the Platform, you are responsible for creating and maintaining accurate and complete product listings. You must provide clear and truthful product descriptions, images, pricing, and other relevant information. DesiHeartBeats Inc reserves the right to review and remove any listings that do not comply with its policies. The Platform connects Customers with Suppliers. DesiHeartBeats Inc. does not manufacture, store, or ship any products listed on the Platform. The Suppliers are solely responsible for the accuracy, quality, and legality of their product listings.

3.4 Order Fulfillment

When a customer places an order through the Platform, you, as the vendor, are responsible for fulfilling the order. This includes timely processing, packaging, and shipping of the products in accordance with the customer’s chosen shipping method. You must provide accurate tracking information for each order.

3.5 Customer Communication

You agree to maintain professional and timely communication with customers regarding their orders, inquiries, and any post-sales support. You are responsible for addressing customer concerns, providing accurate information, and resolving any disputes or issues related to the products or transactions.

3.6 Prohibited Activities

You agree not to engage in any of the following activities while using the Platform:

1. Violating any applicable laws, regulations, or third-party rights.
2. Selling counterfeit, unauthorized, or illegal products.
3. Engaging in fraudulent or deceptive practices.
4. Uploading or transmitting any viruses, malware, or other malicious code.
5. Interfering with or disrupting the Platform’s functionality or the experience of other users.
6. Attempting to gain unauthorized access to the Platform or any user accounts.

3.7 Shipping

Shipping for products purchased through the DesiHeartBeats  Inc platform is the responsibility of the vendors. DesiHeartBeats  Inc does not control shipping.

3.8 Returns

Returns for products purchased through the DesiHeartBeats  Inc platform are the responsibility of the vendors. DesiHeartBeats  Inc does not process returns.

3.9 Pricing

You are responsible for setting the prices of your products. DesiHeartBeats  Inc does not set prices for products listed on its platform.

3.10 Payments

Payments for products purchased through the DesiHeartBeats  Inc platform are processed by a third-party payment processor. DesiHeartBeats  Inc does not store your payment information.

4. Fees and Payments

4.1 Commission and Transaction Fees

DesiHeartBeats Inc may charge a commission or transaction fees for each successful sale made through the Platform. The applicable fees and payment terms will be provided to you separately or as outlined in this Vendor Agreement. Commission is charged at 20% of the transaction value.  

We offer a variety of vendor onboarding options to fit the needs of different businesses. It is the responsibility of the vendor to confirm these options beforehand in writing with the DesiHeartBeats Inc ( [email protected]). These options include:

Commissions: Vendors can pay a commission on every transaction that happens on our platform. The commission rate is 20%, but it can vary depending on the product category.

Subscription: Vendors can pay a monthly or annual subscription fee for a set number of transactions. For example, a vendor might pay $100 per month for 100 transactions.

Donation: Vendors can donate a pre-agreed amount to XYZA for unlimited transactions. This option is ideal for vendors who want to support the platform and reach a large audience.

Advertising: Vendors can pay for ads on the XYZA platform. This is a good option for vendors who want to promote their products to a specific audience.

4.2 Payment Processing

DesiHeartBeats Inc may utilize third-party payment processors to facilitate payment transactions between customers and vendors. You agree to comply with the terms and conditions of these payment processors when using their services.

4.3 Payment Disbursement

Once an order is successfully fulfilled, DesiHeartBeats Inc will initiate the disbursement of funds, minus any applicable fees, commissions  to your designated account. The timing and method of payment disbursement will be determined by DesiHeartBeats Inc.

5. Intellectual Property

You retain ownership of the intellectual property rights related to your products. By listing your products on the Platform, you grant DesiHeartBeats Inc a non-exclusive, worldwide, royalty-free license to use, display, and distribute the product information solely for the purposes of operating and promoting the Platform.

6. Indemnification

You agree to indemnify and hold harmless DesiHeartBeats Inc and its officers, directors, employees, and affiliates from any claims, damages, liabilities, and expenses (including attorneys’ fees) arising out of your use of the Platform, violation of these terms, infringement of any third-party rights, or the sale or distribution of your products.

7. Termination

DesiHeartBeats Inc reserves the right to suspend or terminate your vendor account on the Platform at any time, without prior notice, for any reason or no reason. You may also request the termination of your account by contacting DesiHeartBeats Inc’s customer support.

8. Modifications

DesiHeartBeats Inc may update or modify these terms from time to time without prior notice. It is your responsibility to review the most current version of the terms. Your continued use of the Platform after any changes constitutes your acceptance of the modified terms.

9. Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict of law principles. Any disputes arising from or relating to these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan.

10. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

11 Legal Compliance and Authorization

11.1 Legal Residency and Authorization

By registering as a vendor on the Platform, you represent and warrant that you are a legal resident of your current country and that you are legally allowed to sell products. You are solely responsible for complying with all applicable laws, regulations, and obligations related to your business activities, including but not limited to taxation, licensing, permits, and product compliance.

11.2 Verification

DesiHeartBeats Inc does not actively verify the legal residency or authorization of vendors to sell products. It is your responsibility to ensure that you have the necessary legal rights and permissions to engage in commercial activities.

11.3 Indemnification

You agree to indemnify and hold harmless DesiHeartBeats  Inc and its officers, directors, employees, and affiliates from any claims, damages, liabilities, and expenses (including attorneys’ fees) arising out of any violation of applicable laws, regulations, or third-party rights related to your business activities, including the sale or distribution of your products. DesiHeartBeats Inc does not assume any responsibility or liability for your compliance with legal requirements.

11.4 Data Sharing and Disclosure

11.4.1 Service Providers

We may share your personal information with trusted third-party service providers who assist us in operating and maintaining the Platform. These service providers are contractually obligated to protect your information and use it solely for the purposes outlined in this Policy. Please also refer to the privacy policy of DesiHearBeats Inc. https://desiheartbeats.com/privacy-policy/ 

11.4.2 Vendors and Customers

As a vendor or customer on the Platform, limited personal information may be shared between vendors and customers as necessary to process orders, arrange deliveries, and provide customer support. However, we do not share payment information between vendors and customers. Please also refer to the privacy policy of DesiHearBeats Inc. https://desiheartbeats.com/privacy-policy/ 

11.4.3 Legal Requirements

We may disclose your personal information if required to do so by law or in response to a valid legal request, such as a court order or government investigation. Please also refer to the privacy policy of DesiHearBeats Inc. https://desiheartbeats.com/privacy-policy/ 

11.4.4 Business Transfers

In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity. We will notify you via email or prominent notice on the Platform of any such change in ownership or control. Please also refer to the privacy policy of DesiHearBeats Inc. https://desiheartbeats.com/privacy-policy/ 

11.5 Jurisdiction and Governing Law

Any dispute, claim, or controversy arising out of or relating to this Privacy Policy, including its formation, interpretation, enforceability, or breach, or the use of the Platform or the protection of personal information, shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law principles.

To the extent permitted by applicable law, you agree that any legal proceedings or disputes arising from or related to this Privacy Policy shall be exclusively brought in the state and federal courts located in Detroit, Michigan, United States. You consent to the personal jurisdiction of such courts and waive any objections to the laying of venue in such courts.

This provision regarding jurisdiction and governing law applies regardless of your location or any conflict of laws provisions that might otherwise apply.

12. Entire Agreement

These terms constitute the entire agreement between you and DesiHeartBeats Inc regarding the subject matter herein and supersede all prior or contemporaneous communications, understandings, and agreements, whether written or oral.

By accepting these terms and conditions, you acknowledge that you have read, understood, and agreed to be bound by all provisions outlined above.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Delaware, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to DesiHeartBeats Inc., Delaware, USA.

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to DesiHeartBeats Inc., accessible from https://desiheartbeats.com/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected] 
• By visiting this page on our website: https://desiheartbeats.com/privacy-policy/