Vendor Participation Agreement

Welcome to DushiMart.com site (the “Site”) and our selling services (the “Services”). Any person who wants to access the Site and use the Services to sell items must accept the terms and conditions of this Participation Agreement without change. By registering for and using the services, you agree to be bound by all terms and conditions of this participation agreement, and all policies and guidelines of the site are incorporated by reference.

DushiMart (“DushiMart.com,” “we,” “us,” and “our”) reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and at its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Participation Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this site and the services following DushiMarts posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this participation agreement, do not continue to use the services or this site.

1. Eligibility. Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; (b) you have all requisite right, power and authority to enter into this Participation Agreement and perform your obligations hereunder; and (c) any information provided or made available by you or your affiliates to DushiMart is at all times accurate and complete.
2. Sellers participation fees. Participation is by 30 days membership fees. By default, DushiMart does not charge vendors any commission on their sales. Membership fees must be paid prior to the end of each term in order to guarantee the continuation of services provided by DushiMart.
3. DushiMart’s Role. DushiMart provides a platform for third-party sellers (“Sellers”) and buyers (“Buyers”) to negotiate and complete transactions. DushiMart is not involved in the actual transaction between Sellers and Buyers As a Seller, you may list any item on the Site unless it is a prohibited item as defined in the Product Listing Policy or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.
4. Payment processing. As of this writing, payment for sales/order transactions are not processed online by DushiMart, although plans exist to do so in the near future. Customers can pay the sellers directly through bank transfer or direct payment when they pick up their order or when the order is delivered to them, depending on the option chosen at the time the order was placed. Sellers can make their payments to DushiMart by bank transfer.
5. Seller to Buyer Communication. All communication related to the sales process takes place between Buyers and Sellers. DushiMart facilitates this process in several ways. Buyers and Sellers will resolve any dispute directly among themselves.
6. Seller Verification. DushiMart allows sellers to verify themselves by uploading a copy of an official document (Passport, government issued ID, Chamber of Commerce document). Although this is not required, it is advisable because it increases buyer trust. All verified Sellers are identified by a “verified seller” badge that is visible throughout the site. This substantially increases the vendors success because it helps to install trust in the customer.
7. DushiMart Reservation of Rights. DushiMart retains the right to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, or feature thereof, from time to time), and to delay or suspend product listings or any other content, or to refuse to list, or to de-list, or to require Seller not to list, any or all products at our sole discretion.
8. Your Obligation. By entering into this Participation Agreement, you agree to complete the transaction as described by this Participation Agreement. You acknowledge that by not fulfilling these obligations, your action, or inaction may be legally actionable.
9. Seller Taxes. You agree that it is the Seller’s responsibility to determine whether Seller Taxes apply to the transactions. You are responsible to collect, report, and remit the correct Seller Taxes to the appropriate tax authority. DushiMart is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. “Seller Taxes” are taxes pertaining to the sales of goods and services, incurred or required to be collected or paid for any reason in connection with these transactions.
10. Password Security. Your password may be used only to access the Site, use the Services, electronically sign Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.
11. Illegal Activity
    1. Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized payment system. You may not impersonate any participant or use another participant’s password(s). Such fraudulent conduct is a violation of the law. Fraudulent conduct will be reported to law enforcement, and DushiMart will cooperate to ensure that violators are prosecuted.
    2. Investigation. DushiMart has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as we deem appropriate. DushiMart also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension, or termination of service, denying access, and/or removal of any materials on the Site, including listings. DushiMart reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
    3. Disclosure of Information. DushiMart also reserve the right to report any activity that violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests and to protect the integrity of our systems and customers, DushiMart may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
12. Privacy. Use of DushiMart Transaction Information.
    1. Read DushiMart’s Privacy Notice. You should check the Privacy Notices frequently for changes. DushiMart may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any customer communication preferences you may have indicated on the Site or by any other means.
13. No Warranties. The site and the services are provided on an “as is” basis. DushiMart makes no other representations or warranties of any kind, express or implied, including without limitation:
    1. The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
    2. That the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
    3. That the information, content, materials, or products included on the site will be as represented by sellers, available for sale at the time of fixed price sale, lawful to sell, or that sellers or buyers will perform as promised;
    4. Any implied warranty arising from course of dealing or usage of trade; and
    5. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of DushiMart.
    6. To the full extent permissible under applicable law, DushiMart disclaim any and all such warranties.
14. General Release. Because DushiMart is not involved in transactions between buyers and sellers or other participant dealings, if a dispute arises between one or more participants, each of you release DushiMart (and their respective agents and employees) from 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.
15. Indemnity/Limitation of Liability.
    1. Indemnity and Defense. You will defend, indemnify and hold harmless DushiMart, and each of its affiliates (and respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
    2. Limitation of Liability. DushiMart will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the participation agreement, the site, the services, the transaction processing service, the inability to use the services or the transaction processing service, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services.
    3. Disputes. Because DushiMart is not the agent of Seller neither the agent of Buyer for any purpose, DushiMart will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction. DushiMart urges Sellers and Buyers to cooperate with each other to resolve such disputes.
16. Your Grant. By entering into this Participation Agreement and listing an item, you grant us a royalty-free, non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any content you submit to DushiMart, provided, that we will not alter any of your trademarks. You represent and warrant that you own or otherwise control all of the rights to the content you submit to DushiMart, and that the use of such materials by DushiMart will not infringe upon or violate the rights of any third party.
17. Termination. DushiMart, in its sole discretion, may terminate this Participation Agreement, access to the Site or the Services, or any current sales immediately without notice for any reason.
18. General Provisions
    1. Entire Agreement. This Participation Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notices and Conditions of Use, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
    2. No Agency; Third-Party Beneficiary. You and DushiMart are independent contractors and nothing in this Participation Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Nothing expressed or mentioned in or implied from this Participation Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Participation Agreement. This Participation Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of DushiMart, you, and the Customers.
    3. Severability. If any provision of this Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
    4. No Waiver. DushiMart will not be considered to have waived any of its rights or remedies described in this Participation Agreement unless the waiver is in writing and signed by the relevant party. No delay or omission by DushiMart in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. DushiMart failure to enforce the strict performance of any provision of this Participation Agreement will not constitute a waiver of either party’s right to subsequently enforce such provision or any other provisions of this Participation Agreement.