Agreement between user and Busyeves.com
The www.busyeves.com website (the “Site”) is comprised of various web pages operated by busyeves team. Busyeves.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of busyeves.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Busyeves is created to provide an easy and inexpensive platform for women entrepreneurs to list their businesses for a certain period. Before listing your item, make sure we allow it on busyeves, and find out if we have specific rules and conditions on how you should list it. Make sure your listing follows these guidelines. If it doesn’t, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of Busyeves.com. Busyeves reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.
Busyeves reserves the right to remove or take away sellers privileges to any account that has not been active for 60 days and with 0 items listed in their shop. Their account will become a buyer account. In order to return as a seller an identity verification will need to be re-established and the shop must maintain a minimum of 5 items listed at all times.
Adult items – Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18
Animals and Wildlife products-examples include live animals, mounted and specimens
?Antique items need to be at least 75 years or older. They are not classified as Vintage
Artifacts, grave related items
Catalytic converter and test pipes
Charity and fundraising
Counterfeit currency and stamps
Drugs and drug paraphernalia
Electronics equipment-cable TV desc ramblers, radar scanners, and traffic signal control devices
Electronic surveillance equipment, wiretapping devices and telephone bugging devices
Firearms, weapons, and knives
Government documents, ID’s, and licenses
Government transit and shipping related items
Hazardous, , restricted, or regulated materials
Human remains and body parts
Items encouraging illegal activity
Mailing lists and personal information
Police related items
?Stamps – new
Stocks and other securities
Busyeves.com reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time, without prior notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
SUSPENSION OR DISCONTINUATION OF THE SERVICE.
Busyeves.com may modify, suspend or discontinue, temporarily or permanently, the Service or any portion thereof, in its sole discretion, at any time, without prior notice. Busyeves will not be responsible to you for a refund, in whole or part. You agree that busyeves shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
REPORTING POLICY VIOLATIONS:
If you see a listing that violates one of our policies, report it by sending an email to email@example.com. If we determine that a listing has violated a policy, we will email the seller and the bidders or the buyer to let them know that we’ve removed the listing from busyeves.
Busyeves is a marketplace where you can sell your products or services directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on Busyeves. Please read on to find out more about your rights, as well as what is expected of you, as a seller.
By selling on Busyeves, you agree that you will:
Provide honest, accurate information in your About page should you choose to have one. Honor your Shop policies, should you choose to publish them. Accurately represent your items in listing photos. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Busyeves. Not engage in fee avoidance. Not create duplicate shops.
Custom orders outside of Busyeves
A. Items purchased in person via the sale on busyeves
B. Subscriptions or other transactions in which the buyer submits a single payment for recurring deliveries (like item-of-the-month clubs).
C. Transactions processed outside of busyeves, for example, through standalone PayPal or a personal check, money order etc.
You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for busyeves-related communications or for Busyeves-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any Busyeves member to your email or physical mailing list or store or misuse any payment information.
Extortion is not allowed on Busyeves. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Busyeves. Extortion includes when a seller offers a buyer additional goods, services, or compensation in exchange for a positive feedback.
Shilling is strictly prohibited on Busyeves. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice. Feedback must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer.
Visiting www.busyeves.com or sending emails to Busyeves constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Providing Great Customer Service:
We expect our sellers to provide a high level of customer service. By selling on Busyeves, you agree to:
Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country. These requirements are detailed in our Shipping policy.
Respond to communications in a timely manner.
Honor the commitments you make in your shop policies.
Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Trust and Safety team can help through our case system. Read about your rights and responsibilities regarding cases.
If you are unable to complete an order, you must notify the buyer and cancel the order.
If you are unable to complete a transaction, you must notify the buyer and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
You may cancel a transaction under the following circumstances:
The buyer did not pay. (The seller may flag a buyer for a payment not received, charge-back, or canceled payment.)
Both you and the buyer agree to cancel the transaction prior to shipment, and you have issued the buyer a full refund.
You have decided to refuse service to the buyer, and if the buyer has already paid, you have issued a full refund, including shipping.
The buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item. (Refunding shipping is optional, unless the buyer paid with Direct Payments, in which case you’ll need to refund in full.)
Both you and the buyer agreed that the buyer could return the item for a refund, you have received the returned item and issued a refund to the buyer for the item. (Refunding shipping is optional, unless the buyer paid with Direct Payments, in which case you will need to refund in full.)
Whether you are using the Service as a Seller, Buyer or otherwise, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Sellers, Buyers and other users of the Service. You agree not to use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
impersonate any person or entity, including, but not limited to, busyeves representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic).
Whether you are using the Service as an Seller, Buyer or otherwise, you acknowledge that busyeves does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but that busyeves and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor alter, edit, or remove any of Your Content, in whole or in part, or (ii) rescind and terminate your right to use the Service for any reason or no reason. You acknowledge and agree that busyeves may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of busyeves, its users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for time sharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event goods through the Service as an Seller); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service.
If you are allowed to download any software in connection with the Service (“Software”), subject to the terms and conditions of this Agreement, busyeves grants you a personal, nontransferable, non-sublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with this Agreement and the written instructions/directions (if any) provided by Busyeves. For clarity, the Software will be deemed a part of the “Service” here under.
RATINGS AND REVIEWS
Busyeves reserves the right, but not the obligation, to refuse to post or to remove any review or rating of any user of the Service if busyeves determines (in its sole discretion) that it contains or features any of the following: (a) offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech); (b) references to illegal activity; (c) reviews that do not address the goods and services of the business or reviews with no qualitative value; (d) language that violates the standards of good taste or the standards of busyeves; (e) information or statements that are or appear to be false; or (h) comments that disparage busyeves.
Busyeves disclaims any and all representations or warranties with regard to the ratings and reviews. All ratings and reviews of users on the Website reflect the opinions of others, and do not reflect or represent the opinions or representations of busyeves.com or its affiliated companies; or its employees, officers, directors, or shareholders. Busyeves.com does not assume responsibility or liability for any review or rating.
Payments are all transacted through PayPal or other third party payment service methods (collectively, “Facilitated Payment Modes” or “FPM”).
Service Charges. Joining and setting up a shop on busyeves is free as of now. Busyeves may charge a percentage of the sale price when the item sells in future. When you list an item you have an opportunity to review and accept the fees that you will be charged. Busyeves’ Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for busyeves’ services are effective after busyeves provides you with at least fourteen (14) days’ notice by posting the changes on the Website. However, busyeves may choose to temporarily change the Fees Policy and the fees for busyeves’ services for promotional events (for example, free listing days); such changes are effective when busyeves posts the temporary promotional event on the Website. Busyeves may, at busyeves’ sole discretion, change some or all of busyeves’ services at any time. In the event busyeves introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Indian Rupee (INR).
If you are using the Service as a Seller, you are responsible for (and will indemnify busyeves against) all taxes associated with your sale of goods through the Service (excepting taxes based on busyeves’ income). Busyeves reserves the right to withhold the payment of any amounts owed to you here under if busyeves suspects or determines that such amounts have been generated in
(a) a fraudulent manner,
(b) violation of this Agreement, or
(c) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by busyeves).
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Service or otherwise made available by busyeves at the Website (collectively, “Website Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Busyeves may own the Website Content or portions of the Website Content may be made available to busyeves through arrangements with third parties. Except as expressly authorized by busyeves in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Website Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of busyeves. You shall use the Website Content only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
The trademarks, service marks, and logos of busyeves used and displayed in connection with the Service are trademarks, trade names or service marks of busyeves. Other third party trademarks, trade names or services marks used in connection with the Service may be trademarks or service marks owned by third parties (the “Third Party Trademarks”. Third Party Trademarks and busyeves Trademarks shall be referred to collectively as “Trademarks”. Nothing contained in this Agreement, nor your use of the Service, shall constitute or be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of busyeves specific for each such use. You further agree not to use any Trademark to disparage busyeves, the Service, or any third party, or third party products or services, in any manner that, in busyeves’ sole reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless busyeves approves the establishment of such a link by prior written consent. All goodwill generated from the use of any busyeves Trademark shall inure to busyeves’ benefit.
You acknowledge and agree that if you contribute, provide or make available any Content to the Website (“Your Content”), whether as a Seller, Buyer or otherwise, you hereby grant to busyeves a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow busyeves to store, translate, or re-format your Content on busyeves and display your Content on busyeves in any way busyeves chooses without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). Busyeves reserves the right to remove any of Your Content from the Website at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
ACCOUNT, PASSWORD AND SECURITY.
Joining Busyeves as a merchant and opening a shop requires confirmed contact information and it is free for a certain period. In near future Busyeves may charge a small fee for the registrations and charge a percentage commission of the total sale when items sell through the busyeves platform. Sales commission will be assessed on item(s). e.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that busyeves is not responsible for third party access to your account that results from theft or misappropriation of your account. Busyeves and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Busyeves uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to busyeves. When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us. We cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information. Busyeves makes no representations or warranties with regard to the sufficiency of these security measures and, busyeves shall not be responsible for any actual or consequential damages that result from a security breach.
If you are using the Service as a Seller, busyeves may provide you with the right to use a sub- domain within the Website (e.g., [sub-domain prefix].busyeves.com). All such sub-domains are the sole property of busyeves. In the event busyeves provides you with a sub-domain, your right to use such sub-domain may be terminated by busyeves at any time (with or without notice) for any reason or no reason.
You agree to defend, indemnify and hold busyeves, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party (“Claim”) due to or arising out of: your Content; your use of, contribution to or connection with the Service (including the Referral Software); your violation of this Agreement; or your violation of any rights of another. Busyeves shall provide notice to you of any such Claim. Busyeves reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting busyeves’ defense of such matter.
Busyeves, in its sole discretion, may terminate your password, account (or any part thereof) and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due busyeves, or if busyeves believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that busyeves may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that busyeves shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of this Agreement that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because busyeves has no control over such websites and resources, you acknowledge and agree that busyeves is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that busyeves shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Busyeves HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Busyeves MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, Sellers and/or third parties in connection with the Website or any other Service to Company. Company, in its sole discretion, may investigate the claim and take necessary action.
LIMITATION OF LIABILITY.
Busyeves SHALL NOT BE LIABLE WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS Agreement, FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF busyeves HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00, OR (IV) ANY MATTERS BEYOND busyeves’ REASONABLE CONTROL. Busyeves SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.