Selling on Maltazon.com - User Agreement
BY REGISTERING FOR OR USING THE MALTAZON.COM SERVICE DESCRIBED BELOW, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE.
Selling on Maltazon - User Agreement is between the applicant (if registering as an individual) or the business the applicant is employed by or represents (if registering as a business) and Malta System LTD. The Agreement governs your use of our payment processing services and related services provided in connection with the Maltazon.com Sale Service and any services we provide in the future. Our service allows sellers to receive payments from Malta System LTD for online sales made through Maltazon.com.
This Agreement incorporates and you hereby accept and agree to the applicable policies, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to you on the site Maltazon.com for your use in managing your orders and inventory on the Maltazon.com website that is made available to you and through which you can offer and sell your products (“Seller Dashboard”). In the event of any conflict between one or more of the Policies and the terms in this Agreement set forth below, the terms in this Agreement will prevail unless the Policy expressly states that it supersedes any term of this Agreement and applicable law does not prohibit the Policy from superseding the applicable term.
1. Your Selling On Maltazon
1.1 Eligibility
To use the Service, (a) you must register on “Became Seller” as described in more detail below ( “1.2 Accounts”) by providing complete and accurate registration information and (b) if you are an individual, be at least 18 years old. You must meet our eligibility requirements in order to register for and maintain an Account. We treat all activities under an Account to be those of the registered user. You may not use the Service or your Account on behalf of any other person or entity. You must update registration information promptly upon any change so that it is at all times complete and accurate, and updates to your registration information may be carried across to other accounts that you have with us. We reserve the right to refuse to provide or discontinue the Service to any person or entity, or close the Account of any person or entity, in each case at any time for any reason.
1.2 Accounts
Accounts may be accessed through “Seller Dashboard”. You may use an Account only to sell products and/or services in connection with the Selling Service on Maltazon.com. If you register for an Account as a business, you must only use your Account in the course of your own business, trade or profession and not for domestic or household purposes or as a consumer. In connection with the Account, you must provide us on our request with your contact and billing information (e.g., name, address, phone number, e-mail address), a Value Added Tax (“VAT”) number, customer service contacts, general profile information about your business (e.g., business description, business classification), anticipated transaction volumes, and any other information that we may require or that may be required by law or our financial institutions to provide the Service. To create a "Seller Account", you must register using your existing Maltazon account or by pressing the "Become a Seller" button and entering all required information if you are a new user.
1.3 Our Role
Malta System LTD is a company based in Malta with operating office in Triq l-Arkata l-Baxxa (Central Business District) Zone 3 Mriehel Birkirkara, CBD 3110. We offer an online platform to sell your products or services through our website Maltazon.com. We are neither the buyer nor the seller of the items or services you offer for sale. We will not mediate disputes between buyers and you. You are the seller of record for all sales via the Service. Our, or one of our Affiliates name will appear on a buyer’s Card. A buyer’s obligation to pay for an item purchased via the Selling Service on Maltazon.com is satisfied when the buyer properly pays us in full for that item via the Service. We are not a fiduciary or trustee of either the buyer or you. We do not accept deposits. We may use the services of one or more third parties, Affiliates, processors and/or financial institutions to provide the Service and process transactions. To provide the Service, we or our Processor may debit or credit (as appropriate) your Account balance or bank account that you registered with us for use of the Service . We do not guarantee payment by or on behalf of any buyer.
1.4 Verification
We may require you to provide additional information to verify your and/or your business identity as a condition of providing the Service to you. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including without limitation checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Account with us or in the event of a dispute relating to this Agreement and activity under your Account. While we may take steps to verify the identity of our users, we cannot and do not guarantee any user’s identity. We are not responsible for taking appropriate steps to verify the identity of other users of the Service.
1.5 Your Credentials
Your email address and a password that you select will be used to access and use the Service and Seller Central and for communications with you. You also may be prompted to answer several security questions or be issued security or other access keys or credentials that may be used to enable access to the Service. Your password and any access keys or other access credentials are your “Credentials”. You are responsible for maintaining the secrecy and security of your Credentials. You should not disclose your Credentials to any third party (other than third parties authorized by you to use your Account). If any of your Credentials is compromised, you must notify us immediately by using our Contact Us form so that we can suspend use of your Account with our Service. You must also notify us through Contact Us if you wish to request us to unblock your Account. You will not be financially responsible for any use of your Account by an unauthorized person due to the loss or compromise of your Credentials occurring after you properly notify us of the loss or compromise, unless you act fraudulently.
1.6 Acceptable Use
You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of the Service. We may inspect your Account for any reason, including without limitation to investigate any alleged violation of this Agreement or any third-party complaints.
2. Cash out and Seller Fee
2.1 Cash out for seller
You will receive payments, via wire transfer, to the bank account you entered at the time of registration, as consideration for the sale of products or services through the Maltazon Sales Service. We will issue and transfer the amount no later than the 15th day of the month following the sale of the products or services. We may refuse to execute a cash out for seller if it does not meet the terms of this Agreement or is prohibited by law. If we refuse to process a cash out for the seller, we will notify you within the legally allotted time with the reasons for our refusal and the procedure for correcting any errors that led to the refusal. If we fail to execute or incorrectly execute a cash out for seller, we will, upon request, make immediate efforts to trace it.
2.2 Seller fee
When a seller's product or service is sold through our Maltazon.com website, our company Malta System LTD retains a fee (see attached “Seller Fee” for more information) for the use of our website for your sales.
3. Seller's liability
3.1 Delivery Errors and Nonconformities; Product Recalls
You are responsible for any non-delivery, mis-delivery, theft or other mistake or act in connection with the fulfilment and delivery of your products or services. You are also responsible for any non-conformity or defect in, or any public or private recall of, any of your products or services. You will notify us promptly as soon as you have knowledge of any public or private recalls of your products or services.
3.2 Refunds and Returns
You will accept, handle (you personally, without our intermediation) and process returns and provide refunds and adjustments for your products or services in accordance with applicable law, this Agreement and your policies in effect at the time of the applicable sale, and calculate and refund any associated fees that must be refunded.
You are required to implement a fair policy for returns, order cancellations, and refunds and to communicate it to Buyer.
3.3 Product Warranty
The Sellers agree, with this agreement, to give a warranty to all products sold by them on the site Maltazon.com. In particular, sellers must ensure a warranty of at least two years for all new products and a warranty of at least one year for all reconditioned products.
3.4 Customer Service
You will be solely responsible for all customer service issues relating to your products or services (including pricing, rebates, item information, availability, technical support, issuing of VAT invoices where required, functionality and warranty), order fulfillment, including shipping and handling ( except where you choose to use our warehouses for your products), order cancellation by you or the buyer, returns, refunds and adjustments, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us.
4. Term and Termination
4.1 Term
This Agreement commences on the date that you register for an Account with us on “Became Seller”. The Agreement will continue unless and until terminated in accordance with the provisions of this Section 4.
4.2 Termination by You
Unless otherwise agreed in writing by you, you may terminate this Agreement at any time by contacting customer service and closing your Account. If you terminate your use of the Selling Servce on Maltazon.com, you are electing to terminate this Agreement, and we will close your Account.
4.3 Suspension or Termination by Us
Except as otherwise agreed in writing, we may terminate the Service and this Agreement, for any reason at any time by providing 15 days prior written notice to you. Without limiting the foregoing, we may suspend the Service and block access to your Account if (a) you have violated the terms of this Agreement, (b) we determine that you pose an unacceptable risk to us, (c) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct, (d) we have security concerns regarding your Account, including your Credentials, or (e) we suspect unauthorized or fraudulent use of your Account or any payment information in your Account. In such cases we will inform you of the suspension of your Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless we determine giving such information would compromise security measures or is prohibited by applicable law. We will reactivate your Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for suspension. You must notify us through “Contact Us” if you wish to request us to reactivate your Account.
4.4 Effect of Termination
Upon termination of this Agreement for any reason: (a) you will remain subject to the obligation to pay all fees and charges and to fulfil any other payment obligations that have been incurred through the date of termination with respect to the Service; (b) all license or other rights granted to either party under this Agreement will immediately terminate; (c) and your access to the Site and Seller Central will be terminated.
5. Privacy; User Information
5.1 Your Use
In connection with the Service, you agree not to ask for or require any user to provide any Card, bank account, or other information related to a payment method. In case of returns, refunds, defective items or any other problem related to the sale of your products or services on Maltazon.com, you will acquire certain personal information, including names of buyers or recipients, e-mail addresses, mobile phone numbers, shipping addresses and other personally identifiable information of users (collectively, “Personal Information”). You will not, and will cause your affiliates not to, directly or indirectly: (a) use any Personal Information in any way inconsistent with your privacy policy or applicable law; (b) contact a person that has ordered your products or services that have not yet been delivered with the intent to collect any amounts in connection therewith; (c) disparage us or any of our respective products or services; or (d) target communications of any kind on the basis of the intended recipient being a user of our Service or customer of ours or our Affiliates. Subject to the foregoing, you may disclose and use Personal Information as necessary to complete the order related to the transaction and related customer service.
6. License
6.1 Trademarks
You may not use the “Maltazon.com”, and other related designs, graphics, logos, page headers, button icons, scripts, and service names in connection with the Service. You acknowledge that we are the sole owners of the Trademarks. All other trademarks not owned by us that appear on the Site or Seller Central or in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. We may use your name, logo, service name or trademarks as designated by you solely as necessary to provide the Service in accordance with our Policies. We may use your name or logo to identify you as a participating merchant.
6.2 Reservations
Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to the Service, the Maltazon.com Materials, our Trademarks, and any other technology, software and intellectual property that we provide, make available or use to provide the Service, Site, Seller Central and the Maltazon.com Materials. Except for the limited use and access rights described in this Agreement, you do not, by virtue of this Agreement, acquire any ownership interest or rights in the Service, Site, Seller Central, the Maltazon.com Materials, our Trademarks, or such other technology, software or intellectual property provided or made available by us.
6.3 Press Releases
You may not issue any press release or make any public statement related to the Service, or except as expressly provided in this Agreement, use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
7. Representations and Warranties
You represent and warrant to us that: (a) you are eligible to register for and use the Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses and authorizations you grant under this Agreement; (b) the name identified by you when you registered is your name or business name under which you sell products and services; (c) any sales submitted by you will represent a bona fide sale by you as described in the terms of the Selling on Maltazon Service and your policies; (d) you will only use the Service to transact on your own account and not on behalf of any other person or entity; (e) you will fulfill all of your obligations to each user to whom you have sold your products or services; (f) you and all sales initiated by you will comply with all laws, rules, and regulations applicable to your business, including any tax laws and regulations; (g) you will accurately and in compliance with applicable law describe your use of Personal Information and your use of our Services in your privacy policy, (h) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; (i) you and your financial institution(j) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the United Kingdom, the European Union or its member states, or other applicable government authority; and (k) you will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the United Kingdom, the European Union, or any other applicable government authority.
8. Limitation of Liability
Both parties are only liable for damages suffered as a result of willful misconduct or gross negligence. In case of minor negligence, the parties are only liable for (a) injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of a fundamental contractual obligation.
9. Indemnity
You will indemnify, defend and hold harmless us from and against any and all third-party claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) (each, a “Claim”) arising out of any third-party claim, action, audit, investigation, inquiry, or other proceeding instituted by a third-party person or entity that arises out of or relates to: (a) your non-compliance with applicable laws; (b) any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by your trademarks used in connection with the Service or your website or application using the Service; or (c) actual or alleged breach of any representations you have made.
10. General Provisions
10.1 Notices
This Agreement is in the English language, and you agree that we will communicate with you and you will communicate with us in English or Italian during the term of this Agreement. When you visit the Site or send e-mails to us, you are communicating with us electronically. We communicate with you via the Site, Seller Central and the e-mail address we have on file for you. By registering for the Service and accepting the terms of this Agreement, you affirmatively consent to receive notices electronically from us. We may provide all communications and information related to the Service and your Account. Communications may be sent by e-mail to the e-mail address we have on file for you, and all such Communications will be deemed to be in “writing” and received by and properly given to you. You are responsible for printing, storing and maintaining your own records of Communications, including copies of this Agreement. This condition does not affect your statutory rights, including your right to request a copy of this Agreement at any time. You can contact us about the Service by visiting the “Contact Us” link on the Site.
10.2 Modifications
We may modify the terms of this Agreement, any Policy, or the features of the Service at any time. We will notify you of any updated Agreement or Policy by posting it to our Site or Seller Central or by e-mail. Any change to a Policy or any other change to this Agreement will be effective upon the earlier of posting to our Site or Seller Central or when otherwise communicated to you. If you do not agree to any change to this Agreement, any Policy or feature of the Service, you may terminate this Agreement by contacting us through Contact Us and closing your Account. You will be deemed to accept the changes to Policies if you do not terminate this Agreement after the earlier of the date the updated Policy has been posted to our Site or Seller Central or otherwise communicated to you, and you will be deemed to accept the changes to this Agreement (other than Policy changes) if you do not terminate this Agreement within 7 days after the earlier of the date the updated Agreement has been posted to our Site or Seller Central or otherwise communicated to you. You are at all times responsible for reading and understanding each version of this Agreement and our Policies.
10.3 Independent Contractors
Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between you and us. Further, neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither party is authorized to, and will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party. Without limiting the generality of the foregoing, neither party will enter into any contract, agreement or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other party.
10.4 Assignment
You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
10.5 No Waivers
To be effective, any waiver by a party of any of its rights or the other party’s obligations under this Agreement must be made in a writing signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise constitutes a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
10.6 Severability
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
10.7 Out-of-court Complaint Process
If you wish to make a complaint about the Service, You can make a complaint through Contact Us.
10.8 Entire Agreement
This Agreement, including without limitation the Policies, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement.