Please read these terms of agreement (“Agreement” or “Terms of Service”) carefully before using the website and services offered by Pixty Ltd (“Joom”). The Agreement sets out the legally binding terms and conditions for your use of the website at https://merchant.joom.it (the “site”) and all services provided by Joom on the site and in mobile applications. By using these services, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all merchants of the Site.
The contents of this agreement include the main body as well as all the terms, conditions and policies including (but without limitation) legal statements, privacy provisions, and etc. that have been or will be published or released by Joom. All terms, conditions and policies are an integral part of this agreement and shall have the same legal effect as the main body of this agreement.
Joom reserves the right to change some or all of the terms, conditions and policies of the service at any time. When Joom launches new terms of this agreement, the new terms shall come into force as the merchant press the button “agree”. You log in or continue to use the “service”, which means that you have read and accepted the revised, updated agreement. If merchants do not agree to any alteration or updates of terms, conditions and policies, they must terminate this agreement according to the rules. Unless separately stated, any new content that will expand the scope of the “service” shall be subject to this agreement.
1.1. Joom provides a platform for merchants who comply with Joom’s policies to offer and sell certain goods. Joom is not directly involved in the transaction between buyers and sellers. As a result, Joom has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Joom cannot ensure that a buyer or seller will actually complete a transaction.
2.1. Joom’s merchant services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Joom may refuse to offer access to the Site to any person or entity and change its eligibility criteria at any time.
2.2. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you must abide by Joom’s policies as stated in the Agreement and the Joom all other operating rules, policies and procedures that may be published from time to time on the Site by Joom, each of which may be updated by Joom from time to time without notice to you.
2.3. You agree to immediately notify Joom of any unauthorised use of your password or any breach of security. You also agree that Joom cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Joom without Joom’s express written permission.
2.4. You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Joom you must provide and maintain valid payment information. If you do not comply with the aforementioned provisions, you assume all responsibility for losses.
2.5. You may not transfer or sell your Joom merchant account and username to another party.
2.6. Joom’s services are not available to temporarily or indefinitely suspended Joom members. Joom reserves the right to refuse service to anyone, for any reason, at any time.
3.1. Joining and setting up a shop on Joom is free. Joom does not charge fees for listing an item for sale. Joom will take a percentage of the sale price when the item sells. In the event Joom 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 US Dollars (USD).
3.2. Pixty Ltd the owner of Electronic marketplace platform Joom entitled to determine the Intermediaries who on behalf of Joom take all necessary action for payment, acceptance, processing and servicing of the Merchant and Buyers payments. Pixty Ltd keeps the right to designate any number of intermediaries.
3.3. You are responsible for paying all fees and applicable taxes associated with using and selling on Joom.
3.4. Merchants are required to list prices and shipping costs for the products they sell through the Joom Marketplace. Joom will pay merchants based on the prices and shipping costs that they list for their products, paying out a percentage of the price and shipping cost. Joom reserves the right to adjust the prices or shipping costs displayed to users within the movement range agreed by merchants to optimize sales for our merchants. This does not affect the amount or percentage Joom has agreed to pay to merchant for their orders.
3.5. A merchant’s shipped orders may be eligible for payment within 14 days of their shipment dates, confirmed by the data of the tracking number. For the items with selling price 10 USD or more international tracking number format has to be used. Joom may unilaterally decide to delay the remittance and withhold the accounts payable to merchants or any other due payment according to this agreement, until receiving the confirmation of delivery. Transactions that cannot be confirmed as deliveried may be ineligible for payment.
3.6. Joom will pay merchants for their eligible transactions twice a month. This payment will be a net amount: the merchant’s prices (product and shipping) less Joom’s charge. Minimum payment amount is 200 USD.
4.1. By listing an item on the Site, you warrant that you and all aspects of the item comply with Joom’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Joom shop. Your listings may only include text descriptions, graphics, pictures and other contents relevant to the sale of that item. All items must be listed with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical.
4.2. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: the transaction cannot be completed, due to laws, regulations, policies, natural disasters, wars, strikes and other unforeseen factors. The cost arising from not completing orders in time shall be undertaken by merchant.
5.1. You are solely responsible for your conduct and activities on and regarding to Joom and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Joom.
5.2. Restricted Activities: Your Content and your use of Joom:
5.4. All the payments Joom made include (but without limitation) refund, compensation and other fees. Merchants should agree to our decision on user refunds, if they believe they are unduly affected, they should follow Joom’s standard merchant dispute route. Joom will notice you the result and reserve the right of final explanation. Joom may decide to implement a policy that allows Joom to withhold payment or other due payments according to this agreement. If Joom has reasonable doubts to believe any actions or behaviors of the merchant may cause disputes, fees or other claims with customers, Joom has rights to delay payment to the merchant and withhold account payable or other due payments according to this agreement, until all investigations of those actions and behaviors have completed.
5.5. You agree that Joom has no obligations to keep information, update information, or send you the latest information in the case of suspending or ceasing your account.
5.6. Without limiting Joom’s remedies for any violation of any provision above (or any other provision in any other agreement between you and Joom), if Joom (in its sole discretion) determines that you violate any of the above provisions, Joom may, temporarily or permanently, freeze your account (including, without limitation, all capital therein and any payment to you therefrom).
6.3. By posting Content on Joom, it is possible for an outside website or a third party to re-post that Content. You agree to hold Joom harmless from any dispute concerning this use.
7.1. In the event a dispute arises between you and Joom, please contact Joom.
7.2. Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
7.3. Should you have a dispute with one or more users, or an outside party, you release Joom (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7.4. Joom, for the benefit of merchants, may try to help merchants resolve disputes. Joom does so in Joom’s sole discretion, and Joom has no obligation to resolve disputes between merchants and users or between merchants and outside parties. To the extent that Joom attempts to resolve a dispute, Joom will do so in good faith based solely on Joom’s policies. Joom will not make judgments regarding legal issues or claims.
8.1. Joom, and other Joom graphics, logos, designs, button icons, scripts, and service names are registered trademarks of Pixty Ltd. Joom’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
9.1. Without limiting any other remedies, Joom may unilaterally decide, without notice, and without refunding any fees, delay or immediately remove Content, warn Joom’s community of a merchant’s actions, issue a warning to a merchant, temporarily suspend a merchant, temporarily or indefinitely suspend a merchant’s account privileges, terminate a merchant’s account, prohibit access to the Site, and take technical and legal steps to keep a merchant off the Site and refuse to provide services to a merchant if any of the following applies:
11.1. Joom, Joom’s subsidiaries, officers, directors, employees, and Joom’s suppliers provide Joom’s web site and’services “as is” and without any expressed, implying or statutory warranty or condition. Joom, Joom’s subsidiaries, officers, directors, employees and Joom’s suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Joom shall create any warranty.
12.1. In no event shall Joom, and (as applicable) Joom’s subsidiaries, officers, directors, employees or Joom’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Joom’s services, or this agreement, including but without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
12.2. Joom’s liability, and (as applicable) the liability of Joom’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance are limited to the greater of (a) the amount of fees you pay to Joom in the 12 months prior to the action giving rise to liability, and (b) $100.
13.1. You agree to indemnify and hold Joom and (as applicable) Joom’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14.1. Joom does not guarantee usable, timely, secure, correct, continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Joom’s control. Joom is not responsible for any services breaking down, including (but without limitation) system corruption or other situations that may affect receiving, processing, testing, completion or settlement of transaction.
15.1. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Joom service and, if applicable, your listing, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Site (excluding any taxes on Joom’s net income).
16.1. In an effort to remain compliant with respective consumer legislations, we strongly encourage our merchants to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
16.2. Due to separate and applicable tax jurisdictions, purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase.
16.3. Merchants that sell regularly on the Joom platform may be required to reserve for VAT. Although Joom does not require sellers to have a VAT number to sell in our marketplace, merchants may be required to pay for VAT for conducting such business in the applicable tax jurisdictions. As a result, we strongly encourage our merchants to consult with their own tax experts and register for a VAT identification number and reserve such VAT dues accordingly.
16.4. You agree that you are responsible for all tax collection and payment among all parties of this agreement.
17.1. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
18.1. You and Joom are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Merchants have no right to represent Joom to make or accept any offers or acceptance. Merchants cannot make any statements at any circumstance that may cause conflict with this term. This agreement does not establish an exclusive partnership between merchants and Joom.
19.1. Joom reserves the right to modify or terminate the Joom service for any reason, without notice, at any time. Joom reserves the right to alter these Terms of Service or other Site policies at any time, so please review the policies frequently. If Joom makes a material change Joom will notify you here, by email, by means of a notice on our home page, or other places Joom deems appropriate. What constitutes a “material change” will be determined at Joom’s sole discretion, in good faith, and using common sense and reasonable judgment.
20.1. This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.
21.1. Sections 3 (Fees and Billing), 6 (Content), 7 (Resolution of Disputes and Release), 8 (Joom’s Intellectual Property), 9 (Breach), 10 (Privacy), 11 (No Warranty), 12 (Liability Limit), 13 (Indemnity), 14 (No Guarantee), 16 (Sales, Custom and Value-added taxes), 17 (Severability), 19 (Joom service), 20 (Choice of Law) shall survive any termination or expiration of this Agreement.
22.1. Except as explicitly stated otherwise, any notices shall be given by postal mail to Joom: Marijas iela, 9-11, Riga, Latvia, LV1050 (in the case of Joom) or, in your case, to the email address you provide to Joom (either during the registration process or when your email address changes). Notice shall be deemed as proof of service 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Joom may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Joom. In such case, notice shall be deemed as proof of service three days after the date of mailing.
23.1. The services hereunder are offered by Pixty Ltd, located at Trident Chambers, P. O. Box 146, Road Town, Tortola, British Virgin Islands.