Pexish Vendor Program Terms & Conditions
As of January 2020
This Pexish Vendor Program Terms & Conditions contains the term and conditions that govern your participation in the Pexish Vendor Program (the “Program”). “Pexish”, “We”, “us”, “our” means Pexish LTD or any of its affiliate companies, including but not limited to Pexish. “You” or “your” means the vendor. A “ site” means a website. The “Pexish Site” means any or all of the following sites: Pexish.com. “Your site” or “Your app” “Your store” means any site(s) or mobile application(s) or shop(s) that you own or operate and link to the Pexish Site.
By participating in Pexish Vendor Program, you agree that you will comply with the Terms & Conditions and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that we make available to you. You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. You will provide us with any additional information that we request to verify your compliance with this Terms & Conditions or any supporting materials.
Compliance with Laws
In connection with your participation in Pexish Vendor Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws that govern marketing email.
Term and Termination
The term of this Terms & Conditions will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Terms & Conditions at any time, with or without cause, by giving the other party written notice of termination by email.
Upon any termination of this Terms & Conditions, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and Pexish Trademark and promptly remove from your site or store and delete or otherwise destroy all links and ties to Pexish Site, all Pexish Trademark, all other Content, and any other materials provided or made available by or on behalf of us to you under this Terms & Conditions or otherwise in connection with Pexish Vendor Program.
We may withhold accrued unpaid payment or commissions for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancellations or returns). Upon any termination of this Terms & Conditions, all rights and obligations of the parties will be extinguished, together with any accrued but unpaid payment obligations of us under this Terms & Conditions, will survive the termination of this Terms & Conditions. No termination of this Terms & Conditions will relieve either party for any liability for any breach of, or liability accruing under, this Terms & Conditions prior to termination.
Relationship of Parties
You and we are independent contractors, and nothing in this Terms & Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Terms & Conditions, you will be deemed to have taken the action yourself.
Limitation of Liability
We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with this Terms & Conditions and the Pexish Vendor Program, even if we have been advised of the possibility of those damages. Further, our aggregate liability arising in connection with this Terms & Conditions and the Pexish Vendor Program will not exceed the total advertising commissions paid or payable to you under this Terms & Conditions in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
Pexish LTD, Pexish Vendor Program, Pexish Site, any products and services offered by Pexish, any tracking links, link formats, operational documentation, content, Pexish domain name, our and our affiliates’ trademarks and logos (including the Pexish trademark), and all technology, software, functions, materials, data, images, text, and other information and content provided or used by or on behalf of us or our affiliates or licensors in connection with Pexish LTD, Pexish Vendor Program (collectively the “service offerings”) are provided “as is.” neither we nor any of our affiliates or licensors make any representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the service offerings. Except to the extent prohibited by applicable law, we and our affiliates and licensors disclaim all warranties with respect to the service offerings, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage.
We may discontinue any service offering, or may change the nature, features, functions, scope, method or operation of any service offering, at any time and from time to time. Neither we nor any of our affiliates or licensors warrant that the service offerings will continue to be provided, will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error free, or free of harmful components. Neither we nor any of our affiliates or licensors will be responsible for
(a) any errors, inaccuracies, or service interruptions, including power outages or system failures; or
(b) any unauthorized access to or alteration of, or deletion, destruction, damage, or loss of, your product or any data, images, text, or other information or content. No advice or information obtained by you from us or from any other person or entity or through Pexish LTD, Pexish Vendor Program, content, operational documentation, Pexish, or the affiliates. Pexish.com site will create any warranty not expressly stated in this Terms & Conditions. further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with (x) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (y) any investments, expenditures, or commitments by you in connection with this Terms & Conditions or your participation in Pexish Vendor Program, or (z) any termination of this Terms & Conditions or your participation in Pexish Vendor Program.
1. If any dispute arises out of or in connection with this Agreement, it shall be referred to and finally resolved by binding arbitration as set out below, under the authority of an arbitration body in the african country where both Pexish and the vendor are located. If the vendor is not located in one of the African country where Pexish is present, then Pexish will chose an arbitration body of its convenience. The party wishing to commence arbitration shall send a copy of the Request for Arbitration to the other party.
2. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated. The arbitration proceedings shall be conducted in the English language and the award shall be in English.
3. The tribunal shall have power to make such directions and any provisional, interim or partial award as it considers just and desirable. Judgment upon the award rendered by the tribunal may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The arbitration award shall be final and binding on the parties.[/vc_column_text][/vc_column][/vc_row]