1. Account Terms
- You must be 18 years or older or at least the age of
majority in the jurisdiction where you reside or from which you use this
Service.
- To access and use the Services, you must register for a
ResellerHub account (“Account”) by providing your full legal name, phone
number, a valid email address, and any other information indicated as
required. ResellerHub may reject your application for an Account, or
cancel an existing Account, for any reason, in their sole discretion.
- You acknowledge that ResellerHub will use the email
address you provide as the primary method for communication.
- You are responsible for keeping your password secure. ResellerHub
cannot and will not be liable for any loss or damage from your failure to
maintain the security of your Account and password.
- You are responsible for all activity and content such
as data, graphics, photos and links that is uploaded under your ResellerHub
Account (“Store Content”). You must not transmit any worms or viruses or
any code of a destructive nature.
- A breach or violation of any term in the Terms of
Service as determined in the sole discretion of ResellerHub will result in
an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the
Service will be the contracting party (“Account Owner”) for the purposes
of our Terms of Service and will be the person who is authorized to use
any corresponding account we may provide to the Account Owner in
connection with the Service.
- If you are signing up for the Service on behalf of your
employer, your employer shall be the Account Owner. If you are signing up
for the Service on behalf of your employer, then you represent and warrant
that you have the authority to bind your employer to our Terms of Service
3. General Conditions
You must read, agree with and accept
all of the terms and conditions contained in these Terms of Service and
the Privacy Policy before you may become a member of ResellerHub.
- Technical support is only provided to paying Account
holders and is only available via email.
- The Terms of Service shall be governed by and
interpreted in accordance with the laws of Bangladesh without regard
to its conflict of law provisions. The parties irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts of
Bangladesh with respect to any dispute or claim arising out of or in
connection with the Terms of Service. The United Nations Convention on
Contracts for the International Sale of Goods will not apply to these
Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that ResellerHub may amend
these Terms of Service at any time by posting the relevant amended and
restated Terms of Service on ResellerHub website, and such amendments to
the Terms of Service are effective as of the date of posting. Your
continued use of the Services after the amended Terms of Service are
posted to ResellerHub website constitutes your agreement to, and
acceptance of, the amended Terms of Service. If you do not agree to any
changes to the Terms of Service, do not continue to use the Service.
- You may not use the ResellerHub service for any illegal
or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright
laws) as well as the laws of Bangladesh.
- You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service, or access to
the Service without the express written permission by ResellerHub.
- You shall not purchase search engine or other pay per
click keywords (such as Google AdWords), or domain names that use ResellerHub
or ResellerHub trademarks and/or variations and misspellings thereof
- You understand that your Store Content (not including
credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. Credit Card
information is always encrypted during transfer over networks.
- You acknowledge and agree that your use of the Service,
including information transmitted to or stored by ResellerHub, is governed
by its privacy policy
4. ResellerHub Rights
- We reserve the right to modify or terminate the Service
for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for
any reason at any time.
- We may, but have no obligation to, remove Store Content
and Accounts containing content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
- Verbal or written abuse of any kind (including threats
of abuse or retribution) of any ResellerHub customer, ResellerHub
employee, member, or officer will result in immediate Account termination.
- ResellerHub does not pre-screen Store Content and it is
in our sole discretion to refuse or remove any Store Content that is
available via the Service.
- We reserve the right to provide our services to your
competitors and make no promise of exclusivity in any particular market
segment. You further acknowledge and agree that ResellerHub employees and
contractors may also be ResellerHub customers/merchants and that they may
compete with you, although they may not use your confidential information
in doing so.
- In the event of a dispute regarding Account ownership,
we reserve the right to request documentation to determine or confirm
Account ownership. Documentation may include, but is not limited to, a
scanned copy of your business license, government issued photo ID, the
last four digits of the credit card on file, etc.
- ResellerHub retains the right to determine, in our sole
judgment, rightful Account ownership and transfer an Account to the
rightful owner. If we are unable to reasonably determine the rightful
Account owner, ResellerHub reserves the right to temporarily disable an
Account until resolution has been determined between the disputing
parties.
5. Limitation of Liability
- You expressly understand and agree that ResellerHub
shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages,
- including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses resulting from the
use of or inability to use the service.
- In no event shall ResellerHub or our suppliers be
liable for lost profits or any special, incidental or consequential
damages arising out of or in connection with our site, our services or
these Terms of Service (however arising including negligence). You agree
to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, ResellerHub partners, 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 these Terms of Service or the documents it incorporates by
reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The
Service is provided on an “as is” and “as available” basis without any warranty
or condition, express, implied or statutory.
- ResellerHub does not warrant that the Service will be
uninterrupted, timely, secure, or error-free.
- ResellerHub does not warrant that the results that may
be obtained from the use of the Service will be accurate or reliable.
- ResellerHub does not warrant that the quality of any
products, services, information, or other material purchased or obtained
by you through the Service will meet your expectations, or that any errors
in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of ResellerHub to
exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. The Terms of Service
constitutes the entire agreement between you and ResellerHub and govern your
use of the Service, superseding any prior agreements between you and ResellerHub
(including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and
Customer Content
- We do not claim any intellectual property rights over
the material you provide to the ResellerHub service. All material you
upload remains yours. You can remove your ResellerHub store at any time by
deleting your Account.
- By uploading Store Content, you agree: (a) to allow
other internet users to view your Store Content; (b) to allow ResellerHub
to display and store your Store Content; and (c) that ResellerHub can, at
any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you
upload to a ResellerHub store; however, by making your store public, you
agree to allow others to view your Store Content. You are responsible for
compliance of Store Content with any applicable laws or regulations.
- We will not disclose your confidential information to
third parties, except as required in the course of providing our services.
Confidential information includes any materials or information provided by
you to us which is not publicly known. Confidential information does not
include information that: (a) was in the public domain at the time we
received it; (b) comes into the public domain after we received it through
no fault of ours; (c) we received from someone other than you without
breach of our or their confidentiality obligations; or (d) we are required
by law to disclose.
8. Payment of Fees
- The service will be billed in 30 day intervals. When
your billing period is over the Account Owner will be sent an invoice via
the email provided. As well, an invoice will appear on the Account page of
your ResellerHub administration console. Users have approximately two
weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal,
provincial, state, local or other governmental sales, goods and services,
harmonized or other taxes, fees or charges now in force or enacted in the
future (“Taxes”).
- ResellerHub does not provide refunds.
9 Cancellations and Termination
- You may cancel your Account at any time by following
the specific instructions indicated to you in ResellerHub’s response.
- Upon termination of the Services by either party for
any reason:
- ResellerHub will cease providing you with the Services
and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you
will not be entitled to any refunds of any fees, pro rata or otherwise;
- any outstanding balance owed to ResellerHub for your
use of the Services through the effective date of such termination will
immediately become due and payable in full; and
- Your store website will be taken offline.
- If at the date of termination of the Service, there are
any outstanding fees owing by you, you will receive one final invoice via
email. Once that invoice has been paid in full, you will not be charged
again.
- We reserve the right to modify or terminate the ResellerHub
Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, ResellerHub
may suspend or terminate your Account if we suspect that you have engaged
in fraudulent activity in connection with the Site.
10. Modifications to the Service and
Prices
- Prices for using the Services are subject to change
upon 15 days’ notice from ResellerHub. Such notice may be provided at any
time by posting the changes to the ResellerHub or the administration menu
of your ResellerHub store via an announcement.
- ResellerHub reserves the right at any time, and from
time to time, to modify or discontinue, the Service (or any part thereof)
with or without notice.
- ResellerHub shall not be liable to you or to any third
party for any modification, price change, suspension or discontinuance of
the Service.
11. Optional Tools
- ResellerHub may provide you with access to third party
tools over which ResellerHub neither monitors nor has any control or
input.
- You acknowledge and agree that ResellerHub provides
access to such tools ‘as is’ without any warranties, representations or
conditions of any kind and without any endorsement. ResellerHub shall have
no liability whatsoever arising from or relating to your use of optional
third party tools.
- Any use by you of optional tools offered through the
site is entirely at your own risk and discretion and you should ensure
that you are familiar with and approve the terms on which tools are
provided by the relevant third party provider(s).
- ResellerHub strongly recommends that merchants seek
specialist advice before using or relying on certain tools.