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Treatsbay e-Shopper, Vendor, Merchant, eMember or Elite Member Terms & Conditions
Commerce Product e-Shopper or Vendor Agreement
The following terms (“Program Terms”) apply when you use any service (each, a “e-Shopper Feature”) we make available for you to display, facilitate the sale, lease or rental of, and/or sell, lease or rent goods or services to users (each, a “User”) of Treatsbay.com Website.
We may display product or service listings you create (“Product or Service Listings”) on the Treatsbay.com. If you implement or have previously implemented any Vendor Tools (as defined in our www.treatsbay.com/vendor ), you acknowledge that these Program Terms apply in connection with the e-Shopper Commerce Features, including for optimization on e-Shopper Commerce Features such as Treatsbay Marketplace feature.
Your Product and Services Listings must comply with our Commerce Policies and applicable law. You must not use the e-Shopper/Vendor Commerce Features in connection with any Product and Services Listings directed or fulfilled for activities, individuals or entities that are located in a country or region that is subject to comprehensive U.S. sanctions law or that would otherwise violate applicable U.S. or non-U.S. trade sanctions laws.
You are solely responsible for the contents of your Product and Services Listings (including description, price, fees, tax that you calculate, any required legal disclosures, and any offers or promotional content).
You are responsible for displaying any sales, privacy, or other terms that you want to apply to your interactions with Users. Any such terms do not bind us and must not conflict with the Program Terms and our other applicable terms and policies.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any data, content, and other information provided by you or accessed by us in connection with the e-Shopper/Vendor Commerce Features (collectively, “Product & Services Content”), including photos, videos, and Product or Service Listing content, in connection with the Treatsbay Products or Services.
Any tools we provide in connection with e-Shopper/Vendor Commerce Features, including tools to allow you to view information about past transactions or to calculate default shipping rate, tax rate, or other data, are provided as a convenience only and you use them at your sole discretion and risk. The following terms also apply to any tool we provide that allows you to calculate tax rates (“Tax Calculation Tool”):
We provide no representation, warranty, guarantee, or advice, and we disclaim any responsibility to verify, the following: (a) the accuracy of the tax rules or methodology in the Tax Calculation Tool, (b) the application of taxes to your products or of the tax jurisdiction assignment functionality tax rates of applicable taxes, including but not limited to sales and use tax, goods and services tax (GST), value added tax (VAT) and other applicable taxes (“Applicable Taxes”), and (c) whether or not the amounts we collect on your behalf satisfy your obligations to collect Applicable Taxes. You are responsible for reviewing and determining the correct calculation settings, including your obligation to collect Applicable Taxes, tax nexus, product tax code assignments, and all related information for your products. The calculation of Applicable Taxes is based on your calculation settings and information you provide to Facebook for the jurisdiction(s) where you have an obligation to calculate, collect and remit Applicable Taxes.
Except for sales shipped or delivered to jurisdictions where we are required to collect and remit Applicable Taxes on your behalf (“Marketplace Facilitator Jurisdictions”), any amounts collected and remitted using the Tax Calculation Tool will be remitted to you.
The Tax Calculation Tool is limited to the calculation of Applicable Taxes and does not calculate or collect any product-based excise taxes or any fees or surcharges. The Tax Calculation Tool calculates tax based the entire amount of the transaction (including sale price, shipping fees and any other charges subject to tax). You are responsible to calculate your own tax if applicable and insert into the e-Shopper or Vendor Commerce Tools Provided in www.treatsbay.com/vendor
You must maintain documentation of all relevant tax information, including records of paying all taxes to the appropriate tax authorities. You represent that the tax registration number and all other information you provide to us are accurate and current, and you will immediately update any such information in case of changes. We reserve the right to confirm the validity of your seller account information (including your tax registration number) and request additional information from you or government authorities as permitted by law. You agree to provide information to us upon request in the time prescribed.
Except as otherwise provided in these Program Terms, you agree that we are not obligated to determine whether taxes apply, and we are not responsible to collect, report, or remit any taxes arising from any transaction. If a taxing authority requires us to pay any of your taxes, you will promptly reimburse us for the amounts paid on your behalf or resulting from your sales in the jurisdiction.
We are not responsible for managing, paying for, or fulfilling any sales that result from your Product or Services Listings.
You may only use Service Providers in connection with the Merchant Commerce Features if they act on your behalf and are bound by an agreement to protect Transaction Data at least as much as is required under these Program Terms. A breach of these Program Terms by any of your Service Providers will be deemed a breach by you. “Service Providers” means anyone who directly or indirectly provides services to you or to third parties on your behalf .
You may only use any User’s data, content, or other information you receive from Treatsbay in connection with your use of the Merchant Commerce Features (“Transaction Data”) as follows: (a) in accordance with our terms and policies, including, as applicable, our Pages Terms and our Treatsbay Platform Policies, (b) to support the transaction(s) arising from the User’s use of the Merchant Commerce Features, and (c) in accordance with any other consent you have received from the User. If the consent you received from a User conflicts with the Program Terms, then the Program Terms will control. Subject to Section 8, you may not share Transaction Data anyone except Service Providers, or as required to comply with applicable law. Transaction Data includes data received through any Merchant Commerce Features that we may in our discretion provide to facilitate your communication with Users (“Communication Tools”).
You may not use Transaction Data for marketing purposes unless the applicable User has provided prior express consent using a feature that we may in our discretion make available for Users to provide such consent. You may not in any circumstances use the Communication Tools for marketing purposes.
The following terms apply if you use a Merchant Commerce Feature that allows Users to initiate payments to you:
You must comply with our technical documentation with respect to any such Merchant Commerce Feature.
Your payments will be processed by a third-party payment processor with whom you have a direct relationship, in accordance with their terms of service, and not by us.
You are solely responsible for determining, collecting, withholding, reporting, and remitting Applicable Taxes, duties, fees, surcharges and additional charges for sales that result from your Product Listings. For sales shipped or delivered to Marketplace Facilitator Jurisdictions where we are required to collect and remit Applicable Taxes on your behalf, we will automatically calculate, collect, and remit Applicable Taxes to the Marketplace Facilitator Jurisdictions on your behalf in accordance with applicable law. Except as provided in Section 12, below, any fees, commissions or other amounts payable to us are exclusive of any Applicable Taxes, and to the extent taxes are required to be collected or withheld, you will pay such taxes in addition to the amounts otherwise payable. You are also solely responsible for all Applicable Taxes on any payments to you in connection with incentive programs offered by us.
If you have opened an account with a payment processor via a Treatsbay Product or Services or linked your existing payment processor account to a Treatsbay Product or Service:
Except as expressly provided in the Merchant Policies, you are solely liable for any refunds issued on your behalf and any chargebacks in connection with the Merchant Commerce Features. You authorize us to access, use, and interact with your payment processor about the Merchant Commerce Features on your behalf, including with respect to authorizations, captures, refunds, cancellations, and the execution and monitoring of activity related to Product Transactions. You also authorize us to receive data from your payment processor to allow us to determine chargeback rates and refund rates for all of your transactions.
Any transaction may be refunded or cancelled if we believe it violates these Program Terms, the Purchase Term Policies, the Merchant Policies, or our Term of Service Policies ("Terms"), or if we believe cancellation may prevent financial loss. Other actions that may be taken on your account include, as permitted by applicable law: placing a delay on a payment for a period of time, limiting payment methods for a transaction, limiting your ability to make a sale, or deactivating your account.
If you have not opened an account with a payment processor via a Treatsbay Product or service or linked your existing payment processor account to a Treatsbay Product or Service:
You may receive tokenized payment from Cashback, Cash Voucher, Free Voucher Point, Wallet, Earn Voucher Points, Coupon and others payment credentials for each transaction. You may only use those tokenized payment credentials for the transaction for which you received them .
For transactions completed with these tokenized payment credentials, the consumer maintains all rights under applicable law and network rules with respect to chargebacks and other disputes related to those transactions. In the event of a dispute, (A) our token solution provider ("TSP") has the right to initiate a chargeback; and (B) you have the same rights and responsibilities with respect to a chargeback initiated by the TSP as you would with respect to any other chargeback.
If you use your Page to sign up to our merchant commerce platform (a Merchant Commerce Feature) by opening an account with one or more third party payment processors via the Treatsbay Products or Services on or after July 1, 2019, then the following terms apply to all of your Page’s sales from Product and Service Listings where a user can pay for the item without leaving the Treatsbay Products and Services. However, Sections 12(a), (b), and (e) do not apply to the extent you use the Merchant Commerce Features in Thailand.
All such sales are subject to our Purchase Protection Policy and Merchant Policies.
You agree to the terms of service of the payment processor(s) we have selected, which currently include the terms of Stripe, Paypal or any payment gateway that we have selected. When you agree to these Program Terms, we also accept your agreement to the terms of the payment processor(s) on their behalf. We do not act as an agent of the payment processor(s) in any other way .
You acknowledge that the payment processor(s) we selected will process all payments for such sales, according to their respective terms of service.
We reserve the right to add or change payment processors from time to time without notify you of any new payment processors and add their terms of service to these Program Terms, and your continued use of the Merchant Commerce Features upon receipt of such notice constitutes acceptance of such addition or change as well as your acceptance of their terms of service pursuant to Section 12(b). You acknowledge that we may share the information you provided when you signed up to our merchant commerce platform with any payment processors we select, solely for the purpose of enabling them to provide you with payment processing services to support the Merchant Commerce Features that you use.
We charge a fee of 15% per transaction ("Selling Fee"). The Selling Fee will be calculated based on the entire amount of the transaction (including sale price exclude any shipping fees and Applicable Taxes).which will be waived upon successful representment provided that you are compliant with these Program Terms and all applicable laws and policies. All fees include Applicable Taxes, but do not include any taxes that you may be responsible for paying based upon payments received for your Product and Service Listings. All fees are non-refundable except as provided in the Merchant Policies.
You authorize the payment processor(s) we select to electronically debit the bank account you provided us for chargebacks or other fees, fines, penalties, negative balances or other amounts owed to the payment processor or to us under these Program Terms, and, if necessary, to electronically credit your account to correct erroneous debits. This authorization will remain in effect while you have a Shop tab associated with your Page. If you delete your shop tab or your Treatsbay account, the authorization will remain in effect for another 60 days before expiring. You represent and warrant to us that the bank account you provided is a business deposit account and that such account is not used for any personal, family, or household purposes. You understand and agree that the initiation and transmission of each debit and credit will be subject to, and made in accordance with, applicable law and the operating rules of the relevant bank clearing system .
If a debit authorized under this Section fails, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection.
The Merchant Commerce Features are part of the “ Treatsbay Products and Services” under the the terms and the Terms continue to apply to your use of the Merchant Commerce Features. Without limiting the foregoing, you agree that the provisions in the section titled “Disputes” in the Terms apply to these Program Terms, your use of the Merchant Commerce Features, and your interaction with users of the Treatsbay Products and Services. To the extent you use other Facebook Products and Services, these Program Terms are part of any terms that apply to your use of those Treatsbay Products Services, and those other terms continue to apply. In the event of a conflict between these Program Terms and any other terms, the Program Terms shall govern solely with respect to your use of the Merchant Commerce Features to the extent of the conflict. We may change or update these Program Terms at any time without notice as we deem necessary to the full extent permitted by law, and your continued use of the Merchant Commerce Features constitutes acceptance of those changes. These Program Terms will terminate in the event of any termination of the Terms, but the following provisions will still apply: the lead-in paragraph, Sections 5-10, 12.a, 12.b, 12.e-g, and this paragraph.
e-Shopper is responsible for the arrangement of the delivery & shipping services for their products & services. The costs of the Delivery or Shipping terms need to stated clearly on the product or service listing. All Costs are not bared by Treatsbay and e-Shopper or Vendor is responsible to decide the delivery or shipping costs to be bared by clients or e-Shopper at the Product or Service Listing. Treatsbay will help to provide list of Shipping and Delivery providers for customers and e-Members to choose. All risks of delivery or shipping of the products or services are not responsible by Treatsbay.
14. Payment of the successful sale will be paid to e-Shopper within 7days after delivery of products to Clients or e-Members with no any return of items. For Services listing Sale, e-Shopper will be paid within 7 days upon successful redeem of services by the Clients or e-Members. If the services purchased are not redeem by clients or e-Members, it will not consider a successful sale and the payment will not be paid to e-Shopper or Vendor. Only Successful redeemed sales will be considered successful sold out of products or services.
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