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Selling on Yodify Updated: Apr 29, 2021

  1. This Notice

    1. What This Notice Covers

      Welcome to the Yodify, Inc.'s Selling on Yodify Notice. Yodify, Inc. (“Yodify” / "We" / “we” / “our” / “us”) values your business and is committed to helping you grow and develop it through providing a marketplace via https://www.yodify.com/ (the “Service”) where you can connect with Buyers and Sellers across the world.

      This Notice is part of our Marketplace Agreement and all capitalized terms not otherwise defined in this Notice have the same meaning as in the Marketplace Agreement.

      As a Seller, you accept this Notice and our Marketplace Agreement when you create an account on the Service and/or offer Products for sale through the Service.

  2. What Can be Sold on Our Service

    1. Allowable Items

      Subject to clause 3.1, as a Seller, you may use our Service or services to sell:

      • Goods;
      • Services;
      • Software.

  3. What Can't be Sold on Our Service

    1. Limitations to Sales

      As a Seller, you may not use our Service or services to sell:

      • Alcohol;
      • Animal products (including live animals);
      • Cannabis or related by-products;
      • Counterfeit or unauthorized products and/or services
      • Copyright infringement materials
      • Currency or cash equivalent instruments
      • Dangerous or hazardous goods
      • Drugs and/or herbal substances used for recreational and/or medicinal purposes;
      • Drug paraphernalia (this does not include medical or laboratory equipment);
      • Illegal items or items promoting illegal activity;
      • Items without any required export clearance or which are not labelled in accordance with applicable Laws.
      • Medical drugs, regulated medical devices or pharmaceuticals;
      • Pornography;
      • Tobacco;
      • Un-certified Surveillance Products;
      • Unlicensed food or its by-products;
      • Weapons, Firearms, Ammunition, Explosives and related items;

  4. Sellers Requirement to Provide Information

    1. Listing Requirements

      When using our Service, all Sellers must provide and make available to Buyers before Buyers submit any order to Sellers:

      • The Seller’s contractual terms and conditions (including details of the Buyer’s consumer rights where relevant);
      • Identity of the Seller, including full legal name;
      • Nature and details of any promotional offer;
      • Digital content’s functionality and technical protections;
      • Digital content’s compatibility;
      • Price, identifying delivery charges and any GST, VAT or Sales Tax separately, and indicating the total price;
      • Payment, delivery and performance arrangements;
      • Details of any after-sales services and guarantees offered by the Seller and, if relevant, manufacturer of such products;
      • Place of business address of the Seller;
      • Registration number of the Seller;
      • The Seller’s sales tax registration number issued by proper authority of the Seller’s jurisdiction, including GST, VAT or Tax ID numbers where applicable;
      • Professional liability insurance, where the Seller is required to hold any professional liability insurance;
      • Details if the Seller is a regulated professional and the rules of such regulated profession; and
      • Complaint and redress mechanism.

  5. Sellers Requirement to Comply with Laws and to Not Misrepresent Themselves

    1. At all times the Seller shall comply with all applicable and relevant Laws, including but not limited to Laws relating to consumer protection if the Buyer is a Consumer.

    2. Use of the Service

      At all times the Seller shall comply with all applicable and relevant Laws in connection with its use of the Service. This includes (but is not limited to) complying with regulations in relation to tax, consumer rights, import and export.

    3. Seller's Responsibility

      At all times Sellers must:

      • Ensure that all information provided to Buyers and/or uploaded to our Service and/or otherwise provided to us is accurate;
      • Provide Consumers with rights and responsibilities in accordance with applicable consumer protection Laws;
      • Not infringe the intellectual property rights of Yodify or third parties;
      • Not create duplicate shops, contrary to the Marketplace Agreement, for the purpose of manipulating searches or obtaining a better outcome when dealing with Buyers on our Service;
      • Not use our Service to breach any applicable and/or relevant Law;
      • Not work with, cooperate or coordinate with other Sellers to set prices; and
      • When selling to a Buyer, inform the Buyer of their right to cancel the order prior to shipment of the order.

  6. Service Fees

    1. Service Fees

      When you conclude a sale through our Service with a Buyer, you will be charged a Service Fee equal to 8.9% + 30¢  (basic seller) or 5.9% + 30¢ (premium seller) Processing Fee of the price of the Product sold to the Buyer exclusive of any taxes (but inclusive of shipping charges), unless the sale is completed under Credit Terms.

    2. Credit Terms

      Sellers may, at their sole discretion, extend credit to any Buyers by entering into separate contracts with the Buyers (the “Credit Terms”). If the Seller and the Buyer agree to the Credit Terms in advance of the purchase, the Buyer may pay for the Products purchased on the Service directly to the Seller according to the terms and conditions of the Credit Terms. Service Fees shall not apply to transactions completed under the Credit Terms.

    3. Collection of Buyer Payments and Transfer to Sellers

      Unless the sale is completed under the Credit Terms, you authorize us to collect payment through our Service from Buyers when you accept the order from the Buyer using our Service. We shall hold all such payments for a minimum of 21 days commencing on the date when the Buyer has taken delivery of the Products. You must notify us when the Products are delivered to the Buyer. After 21 days from the delivery date and if:  (i) no complaint has been submitted; (ii) no return has been initiated by the Buyer; or (iii) no refund provided in accordance with this Notice, we shall transfer this amount minus our Service Fees (pursuant to clause 6.1) to you in accordance with the payment schedule in this Notice.

    4. Taxes on Service Fees

      Service Fees are stated exclusive of value added goods and services tax, or any other applicable taxes and you are responsible for paying them to us at the prevailing rate.

    5. Collection of Buyer Payments Under the Credit Terms

      Sellers shall be responsible for collection of payments from Buyers under the Credit Terms, and shall do so in compliance with the Laws of applicable jurisdictions, the Credit Terms agreement, and the Seller Conditions.

  7. Contractual Conditions between Buyers and Sellers

    1. A Seller is free to contract on the terms and conditions of its choosing with Buyers, provided that the Seller shall ensure that such terms and conditions comply with all relevant and or applicable Laws, the Marketplace Agreement and this Notice.

      The Seller shall ensure that its terms and conditions of sale with the Buyer are clear and set out in the English language.
    2. Without limiting any terms and conditions set out in section 5 of this Notice, the Seller acknowledges and agrees, and will ensure, that its terms and conditions satisfy the following requirements:

      1. Buyer Can End the Contract with Seller

        The Buyer will have rights to end the contract with the Seller. The terms and conditions for ending the contract will depend on what the Buyer has bought, whether there is anything wrong with it, how the Seller is performing and when the Buyer decides to end the contract:

        • If what Buyer has bought is faulty or mis-described, see clause 7.2.2;
        • If Buyer has changed their mind about the Product, see clause 7.2.3. The Buyer may be able to get a refund if the Buyer is within the cooling-off period, but this may be subject to deductions and, if required by the Seller, the Buyer may have to pay the costs of return of any goods;
        • If Buyer was not available for delivery, see clause 7.2.4.

      2. If What Buyer has Bought is Faulty or Misdescribed

        • If the Buyer is a Consumer, the Seller must comply with relevant consumer Law;
        • If there is no relevant consumer Law, or if the Buyer is not a Consumer, and if the Seller is notified of the relevant fault or misdescription within 15 days of Buyer receiving the Product:
          • The Buyer shall return the Product to the Seller. Seller is responsible to pay for costs of return delivery of the Product from the Buyer to the Seller in accordance with clause 8.3, unless otherwise agreed to by the parties in writing;
          • Once the Seller receives the Product from the Buyer, the Seller shall authorize Yodify to provide to the Buyer, a 100% refund of the purchase price (including the price of delivery to the Buyer, if the Buyer was initially responsible for the shipping charges); and
          • The Seller shall pay to us a refund fee equivalent to 3.5% of the refund amount as payment for our services

      3. Exercising Buyer’s Right to Change Their Mind

        If the Buyer wishes to return a Product which is not subject to clause 7.2.2, the following shall apply:

        • If the Buyer is a Consumer, the Seller must comply with relevant consumer Law;
        • If there is no relevant consumer Law, or if the Buyer is not a Consumer, and if the Seller is notified within 15 days of Buyer receiving the Product:
          • The Buyer shall return the Product to the Seller and shall pay for costs of return shipping of the Product from the Buyer to the Seller in accordance with clause 8.3, unless otherwise agreed to by the parties in writing;
          • Once the Seller receives the Product from the Buyer, the Seller shall authorize Yodify to provide to the Buyer, a 90% refund of the purchase price (excluding the price of delivery to the Buyer); and
          • Once the refund to the Buyer has been made, we shall transfer 6.5% of the purchase price to the Seller in accordance with clause 6.3 and the Seller permits us to retain, as payment for our services, the remaining 3.5% of the original purchase price.

      4. When Buyer is Not Available for Delivery

        If the Seller has complied with the Yodify Shipping Notice and has not been able to make delivery to the Buyer:

        • If the Buyer is a Consumer, the Seller must comply with relevant consumer Law;
        • If there is no relevant consumer Law, or if the Buyer is not a Consumer:
          • The Buyer shall pay for costs of return delivery of the Product from the Buyer to the Seller in accordance with clause 8.3;
          • Once the Seller receives the Product from the Buyer, the Seller shall authorize Yodify to provide to the Buyer, a 90% refund of the purchase price (excluding the price of delivery to the Buyer); and
          • Once the refund to the Buyer has been made, we shall transfer 6.5% of the purchase price to the Seller in accordance with clause 6.3 and the Seller permits us to retain, as payment for our services, the remaining 3.5% of the refund to the Seller.
    3. When Buyer doesn't have the right to change their mind pursuant to clause 7.2.3.  Even if the Buyer is a Consumer, the Buyer may not have the right to change their mind in respect of:

      • goods that are made to the Buyer’s specifications or are clearly personalized;
      • goods that are marked NCNR (Non-Cancellable Non-Returnable)
      • goods that deteriorate or expire rapidly;
      • digital products after the Buyer has started to download or stream;
      • products sealed for health protection or hygiene purposes, once these have been unsealed after the Buyer received them;
      • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after the Buyer received them; and
      • any products which become mixed inseparably with other items after their delivery.

  8. Process if Buyer Ends the Contract between Buyer and Seller (including if Buyer has Changed their Mind)

    Subject to applicable Laws and the Seller Conditions, the Seller shall abide by the following process:

    1. Buyer Must Inform Seller They Want to End the Contract

      To end the contract between the Buyer and the Seller, the Buyer must inform the Seller via our Service in messages directed to the Seller and identifying the contract between the Buyer and the Seller and the specific Products.

    2. Seller to Notify Yodify of Contract Termination

      Within 72 hours of the receipt of a notice from the Buyer to end the contract, the Seller must notify Yodify of the same.

    3. Returning Products After Ending the Contract

      If the Buyer ends the contract for any reason after Products have been dispatched to the Buyer or the Buyer has received them, the Seller may require the Buyer to return them to the Seller at the expense of the Buyer.

    4. Refund on Credit Terms

      The Seller shall refund directly to the Buyer funds for Products purchased under the Credit Terms in accordance with the agreement between the Seller and the Buyer with respect to the Credit Terms. We are not a party to the Credit Terms and have no liability to the Buyer or the Seller for any refunds made under the Credit Terms.

    5. When will Refund be Made to Buyer

      Where a refund is to be made by the Seller to the Buyer, we shall process the refund within 10 business days of the Seller authorizing such refund. If we process a refund and do not hold funds in the name of the Seller to cover the costs of such refund, the Seller agrees that we shall charge the Seller’s credit or debit card which we hold on our records for any additional amount that would be required to make the refund. If the Seller’s credit or debit card is not accepted or payment is not able to be collected using the credit or debit card, we shall contact the Seller to inform them to provide an alternative payment card. We shall only process a refund or make any type of payment to the Buyer once monies have been received from the Seller for this purpose. We have no liability to the Seller for late return of refund monies to the Buyer.

    6. Interest in Event of Late Payment

      If the Seller fail to make a payment due to us (including in relation to the Service Fees or monies otherwise due or payable to us) under these terms and conditions by the due date, then, without limiting our remedies under these terms and conditions, we may charge interest on the outstanding amount (both before and after any judgment) at a rate of interest equal to the lesser of two percent (2%) per month compounded (twenty-six point eighty-two percent (26.82%) per annum) or the maximum rate of interest permitted by Law from the due date until the outstanding amount is paid in full.