Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
(Updated on September 17, 2023)
Welcome to DushiMart.
These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.DushiMart.com (the “Site”). This document is a legally binding agreement between you as the user of the Site (referred to as “you”, “your” or “User” hereinafter) DushiMart referred to as “we”, “our” or “DushiMart” hereinafter.
Application and Acceptance of the Terms
Your use of the Site and DushiMarts products and services (collectively described as the “Services” hereinafter), is subject to the terms and conditions contained in this document. This includes the Privacy Policy, and any other rules and policies of the Site that DushiMart may publish from time to time. This document and other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all the Terms.
You may not use the Services and you may not accept the Terms if you are not of legal age to form a binding contract with DushiMart.
You acknowledge and agree that DushiMart may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If DushiMart has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
You may be required to enter into a separate agreement, whether online or offline, with DushiMart or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized representative of DushiMart.
Provision of Services
You must register as a member on the Site in order to access and use some Services provided by DushiMart.
DushiMart may launch, change, upgrade, impose conditions to, suspend, or stop any Services without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
Some Services may be provided by DushiMarts affiliates on behalf of DushiMart.
Users Generally Accepted Conditions
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
You agree to use the Site and Services solely for your own private and internal purposes. You agree not to use any of the sites content for commercial use unless the content is provided by you as a seller for the management of your online store.
You must accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Policy.
You agree to use the Site in such a way as to uphold the integrity of the computer systems and/or networks of DushiMart.
You grant DushiMart the right to publish, display, transmit, modify, adapt and translate all material you post or display on the Site to other languages.
Member Accounts
Users are allowed only one membership account on the Site. In certain cases where warranted, DushiMart will grant a user access to multiple memberships.
Upon subscribing to use the Site, members will be able to apply for a Vendor membership. During this process, members must accept the Vendor membership terms to become a vendor.
Each Member shall be solely responsible for maintaining the confidentiality and security of their Member ID and password and for all activities that occur under their account. No Member may share, assign, or permit the use of their Member account, ID, or password by another person outside the Member’s own business entity. Member agrees to notify DushiMart immediately if you become aware of any unauthorized use of your password, or your account, or any other breach of security of your account.
Member agrees that all activities that occur under your account will be deemed to have been authorized by the Member.
Member’s Responsibilities
Each Member must provide truthful information related to their account.
Member will be required to provide information or material about their entity, business, or products/services as part of the registration process on the Site or their use of any Service or the member account. Each Member represents, warrants and agrees that,
Such information and material, whether submitted during the registration process or thereafter, throughout the continuation of the use of the Site or Service, is true, accurate, current, and complete, and
You will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Upon becoming a Member, you consent to the inclusion of the contact information about you in our customer database. Thereby you authorize DushiMart and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
Be true, accurate, complete, and lawful;
Not be false, misleading, or deceptive;
Not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Not violate the Product Listing Policy, other Terms or any applicable Additional Agreements;
Not violate any applicable laws and regulations (including without limitation those governing consumer protection, unfair competition, export control or false advertising) or promote any activities which may violate any applicable laws and regulations;
Not contain any link directly or indirectly to any other website which includes any content that may violate the Terms.
Each Member further represents, warrants and agrees that you shall:
Carry on your activities on the Site in compliance with any applicable laws and regulations;
Conduct your business transactions with other users of the Site in good faith;
Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
Not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items);
Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
Not engage in spamming or phishing;
Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.), or encourage or abet any unlawful activities;
Not copy, reproduce, exploit or expropriate DushiMarts various proprietary directories, databases, and listings;
Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
Not involve any scheme to undermine the integrity of the data, systems, or networks used by DushiMart and/or any user of the Site or gain unauthorized access to such data, systems, or networks;
Not engage in any activities that would otherwise create any liability for DushiMart or its affiliates.
Transactions between Buyers and Sellers
Through the Site, DushiMart provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. DushiMart additionally provides an electronic web-based transaction platform for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site. DushiMart does not represent either the seller or the buyer in specific transactions. Nor does it control and is it liable to, or responsible for, the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site. Neither does it control the ability of the sellers to complete a sale, or the ability of buyers to complete a purchase.
Users must be aware that there may be risks of dealing with people acting under false pretenses. DushiMart uses several techniques to verify the accuracy of certain information vendors provide us when they register for a membership on the Site. However, because user verification on the Internet is difficult, DushiMart cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Each User acknowledges that the use of the Site is completely at their own risk. Each User agrees that DushiMart shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of, or in connection with any transaction risks.
User agrees to provide all information and materials as may be reasonably required by DushiMart in connection with your transactions conducted on, through, or as a result of the use of the Site or Services. DushiMart has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify DushiMart, its agents, affiliates, directors, officers, and employees, from all claims, demands, actions, proceedings, costs, expenses, and damages arising out of or in connection with such transaction.
Force Majeure
Under no circumstances shall DushiMart be held liable for any delay, or failure, or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
