Snaply - Vendor Agreement

1. Introduction

This Vendor User Agreement ("VUA") is between you, the user, together with any company or other entity you are representing, if any (collectively, "You" or the “User”), and TheClassifieds ("TheClassifieds") – providers of the Snaply website located at snaply.com ("Site").

TheClassifieds provides You with software (“Software”) that enables vendors to build online stores. Through these stores, these vendors can sell their products and services online. This software may also come with associated services which provide vendors with hosting of the online store, promotion services, communication services and other services that may be offered through the Site (the “Services”).

This VUA comes into effect upon Your acceptance in registration on the Site. By accepting this VUA, including the End User Agreement (“EUA”) for the Site and subject to the payment of applicable fees, TheClassifieds will provide you with a limited license to use the Software and receive the Services. The Services may include hosting, support and other Services selected by you via the Site's Pricing and Package selection page.

By accepting this VUA, you also agree that it may be changed without notice. Your continued use of the Software, the Services and the Site after any such changes, constitutes your acceptance of the new VUA and its terms and conditions.

No failure or delay by TheClassifieds to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this VUA or prejudice our right to take subsequent action against the User.

2. Eligibility Criteria and User Conduct

2.1 Eligibility Criteria and User Conduct

In using this Site, the Software and the Services, you agree:

  1. That by using this Site or Service, you are of at least 18 years of age. If you are less than 18 years of age, then you agree that by accessing and using this Site, Software and Service, you have the consent of Your parent or legal guardian, who agrees, on Your behalf, that You will comply with the terms and conditions of this VUA.
  2. Not to use the Site, Software or Services in such a way that it is in violation of any applicable law or regulation or otherwise assist others in the violation of any law or regulation;
  3. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, Software or any Services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites.
  4. Not to violate, or attempt to violate the security of TheClassifieds and the Site. Violations of system or network security may result in civil or criminal liability. TheClassifieds will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  5. Not to disrupt or interfere with any other user's enjoyment of the Site, Software or Services, or affiliated or linked Web sites.
  6. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; This includes files that contain any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  7. Not to upload, post or otherwise transmit through or in this Site any content that is obscene, hateful, threatening, defamatory or creates a risk to anyones privacy and safety.
  8. Not to link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate Indie this Agreement.
  9. Not to sell or otherwise make use of any other User's contact or other information without their express permission.
  10. Not involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity.
  11. Not to transmit through or on this Site: spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
  12. Not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;
  13. Provide complete and accurate information to create Your account and to keep Your account information up to date.
  14. You will be responsible for choosing a username and password for your account. You understand that you will be responsible for Your password and that by sharing it You may be endangering the security of Your account.
  15. You are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.
  16. Not to impersonate any person, thing or entity through Your username and account.
  17. Not to access anyone else's account without that person or entity's permission.
  18. Not to “sub lease” Your account or offer "free space" on or other access to Your account or Your Store to third parties;
  19. That TheClassifieds may refuse to grant You a username that belongs to or is already being used by another User. You also agree that TheClassifieds may refuse to grant You access to a username that may be deemed offensive in Our sole discretion.
  20. That certain pages on the Site may be restricted to Users over the legal age of 18. If you are under the age of 18, You agree that you will not access or attempt to access such pages.
  21. You will not add or display any content on the Site or through the Service that is not suitable for those under the age of 18 unless specifically stated.
  22. Be inaccurate, misleading or otherwise fraudulent
  23. Offer for sale or be associated in the sale of counterfeit, stolen or infringing items
  24. That TheClassifieds may temporarily or permanently discontinue providing the Site, Software or Services at any time. In the event of this happening, you acknowledge that You may be prevented from accessing the Site, Software or the Services or Your account.

If You are a User who creates or administers an account on the Site and/or through the Service on behalf of another entity or person, You agree to the following terms and conditions with regard to the account:

  1. You will abide by all the terms and conditions provided above.
  2. You are legally authorised to represent the person or entity for which You create or administer an account.

Any content You post or provide to TheClassifieds, including photographs, text, graphics and other media, on or through the Site, the Services or Your account, is done so with the knowledge that You are granting TheClassifieds a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to reproduce, display, perform, use and create derivative works from such content.

Unless expressly provided for in the VUA and EUA between You and TheClassifieds, TheClassifieds reserves the right, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site, Software or the Services. This includes, but is not limited to, content, features, hours of availability or equipment required for access.

2.2.Forbidden Store Content

By accepting this VUA, you agree not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your store:

  • Illegal and fraudulent schemes such as illegal pyramid schemes or scams.
  • Obscene material or child pornography.
  • Offer or solicitation of illegal prostitution.
  • Explicit photographs.
  • Weapons and related items including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
  • Fireworks, destructive devices and explosives
  • Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
  • Prescription drugs and medical devices including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
  • Nonprescription drugs that make false or misleading treatment claims.
  • Blood, bodily fluids or body parts.
  • Pet animal parts, blood, or fluids including but not limited to stud/breeding service
  • Lottery tickets, sweepstakes entries or slot machines
  • Illegal telecommunications equipment including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers.
  • Stolen property, or property with serial number removed or altered.
  • Burglary tools, including but not limited to lock-picks or motor vehicle master keys
  • False identification cards, items with police insignia, citizenship documents, or birth certificates.
  • Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
  • Material that infringes copyright, including but not limited to software or other digital goods
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
  • Tobacco or Alcohol products
  • Any products or services that do not comply with all applicable local, national and international laws and regulations in this regard.

3. TheClassifieds Site, Software, Services and Trademark Ownership and Licenses

3.1 Ownership

All the content, trademarks and data on this webs site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to TheClassifieds and as such are protected from infringement by local and international legistlation and treaties.

3.2 Software License and Site Access

Subject to the terms and conditions of this VUA and the EUA, TheClassifieds grants you a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for TheClassifieds through the Snaply Site. You may use this Software solely for the purpose of building and maintaining an interactive store hosted by TheClassifieds servers on which you offer your products or services.

TheClassifieds also grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation:

    1.Any resale of the Site, Software or Services or content therein; 2.The collection and use of any listings and descriptions; 3.Making derivative uses of the Site and its contents; or 4.Use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of TheClassifieds.or any third party.

3.2.1 License Restrictions

You recognise and accept that the Software and its structure, organisation, and source code constitute valuable intellectual property of TheClassifieds. In accordance to this, unless expressly allowed under the previous section, you will not (either directly or through a third party): modify, adapt, alter, translate, or create derivative words from the software. Distribute, sublicense, lease, rent, loan, or otherwise transfer the software to any third party. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the software. Transfer your interest in and to your account and Store to any third party

You may not use, frame or utilise framing techniques to enclose any TheClassifieds trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without TheClassifieds's express written consent. Further, you may not use any meta tags or any other “hidden text” utilising TheClassifieds name, trademark or product name without TheClassifieds express written consent.

3.3 Additional Features

There are certain additional features that TheClassifieds may make available to you. These features may require access to and/or the installation of additional software. This software may be subject to supplemental or independent terms and conditions.

Similarly, TheClassifieds may make additional services available to you which are subject to supplemental or independent terms and conditions.

You agree that you will not use any such additional software or services unless you have agreed to the applicable terms and conditions, including your payment of additional fees as required.

4. Services

4.1 Changes in Services

By continuing to use the Site, Software and Services, you agree that TheClassifieds reserves the right to change, amend and/or otherwise alter the Services provided without prior notice to You.

Should you wish to alter your Services in any way, TheClassifieds does not accept any liability for any loss that may arise from such alterations.

5.Communications

By agreeing to this VUA, you agree to receive administrative communications from TheClassifieds and the Site in regards to the Software, Services, your account, policy changes and system upgrades.

If you do not agree, your account will be terminated and any licenses granted to you by TheClassifieds will be revoked. In the event of such termination, no fees or payments will be refunded.

6.Your Store

6.1 Ownership and Administration of Your Store

You agree that you will be responsible for all operation, development, maintenance, back up and marketing of Your Store.

By accepting this VUA, you agree that TheClassifieds has no obligation to you to operate, develop, maintain, back up or market your store and data. You agree that TheClassifieds is merely a passive entity in terms of your store content and operations and TheClassifieds has no obligation to you, or any third party, and accepts no responsibility to review Your Store, its products or services, or any other content published on your Store to determine whether any such content may incur liability to third parties.

The operation of your store includes:

the accepting, processing and filling of customer orders generated through your store. The handling of any and all customer support which includes but is not limited to customer enquiries, complaints and disputes over orders or sales generated through your store. The backup of your store data including but not limited to customer information, order information and product or service information.

6.2 Store Content

You agree that you will be responsible for all store content including, but not limited to:

the creating, managing and deleting of content. The maintenance of all content information such as product or service information.

You further agree that you are solely responsible for your store content, and that you will comply with all applicable local, national and international laws and regulations in this regard.

Should you breach the terms and conditions laid out for your store or TheClassifieds believes in its discretion that your store or any content related to your store may create liability for TheClassifieds, TheClassifieds reserves the right to suspend or terminate your store and/or any access to information or data related to your account and the Site, Software or Services, or otherwise take action that TheClassifieds believes to be necessary to minimise or eliminate TheClassifieds potential liability.

6.3 Store Content License

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by You in the form of email or submissions to TheClassifieds, or postings on this Site, are non-confidential and shall become the sole property of TheClassifieds. TheClassifieds shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. The submission of any materials to TheClassifieds irrevocably waives any and all “moral rights” in such materials.

You are solely responsible for ensuring that materials transmitted, posted, stored, distrubuted, displayed or presented using the Site or the Services comply with this Agreement and all applicable laws and regulations. TheClassifieds does not review, censor, edit or take responsibility for any information that Users may create, transmit, post, store, distribute, display or present using the Site or the Services.

By accepting this agreement, You grant to TheClassifieds and its subcontractors a non-exclusive, irrevocable, sublicenseable, royalty-free, transferable worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your content and trademarks solely to host your Store, run the Software, provide You with the Services and to otherwise promote and manage the Site.

You further understand and agree that copies of Your Store may continue to be stored on Servers after You terminate Your account for information purposes or legal requirements.

7.Fees, Payment Terms and Taxes

7.1 Fees

If applicable, you shall pay the fees laid out on the Pricing and Packages page for the Software license and Services purchased by you.

By continuing to use the Site, Software and/or Services you agree to this. You also agree that TheClassifieds may change the fees for its Services on the Site. If you do not find any change in fees agreeable, You may terminate your account.

7.2 Transaction Fees

By continuing to use the Site, Software and/or Services, you agree that you may be charged certain transaction fees. These fees may occur any time an order or sale is placed through your store and you accept payment for any good or services.

7.3 Payment Terms

The Service is billed in advance on a monthly basis and is non-refundable. This means that there will be no refunds or credit added to your account for partial months of service. Nor will there be any refunds for unused months with an open account.

TheClassifieds will invoice you for your Service and Site fees in advance on a monthly basis via your account page on the Site or via PayFast or another electronic payment vendor.

Any transaction fees that you have acquired over the previous month of service, will be combined into a single amount which TheClassifieds will invoice you for via your account page on the Site or via PayFast or another electronic payment vendor.

In the event of any failure on your part to pay these Service and Site fees or transaction fees, TheClassifieds may re-attempt to collect the amount due before suspending or terminating your account, or, may immediately suspend or terminate your account.

7.4 Taxes

All fees under this VUA exclude all applicable sales, use and other taxes and government charges. You will be responsible for payment of all such taxes, fees, duties, and charges, and any and all fees under this Agreement including the access to or license of the Software and performance of the Services.

8.Disclaimer of Warranties

YOU FURTHER UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TheClassifieds AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TheClassifieds OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT TheClassifieds DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, EXCEPT AS OTHERWISE AGREED IN WRITING, TheClassifieds AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

TheClassifieds DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TheClassifieds DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY TheClassifieds VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES TheClassifieds MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TheClassifieds OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

TheClassifieds ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TheClassifieds, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

TheClassifieds DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND TheClassifieds DISCLAIMS ANY LIABILITY TO THE USER IN THIS REGARD.

9.Limitation of Liability

TheClassifieds has taken reasonable steps as far is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn't suffer any loss or damages as a result of the use of this site.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL TheClassifieds OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THECLASSIFIEDS.CO.ZA OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE TheClassifieds OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TheClassifieds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TheClassifieds SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY PRODUCT, SERVICE OR OTHERWISE, PURCHASED OR USED AS A RESULT OF THE USE OF THIS SITE. IT IS EXPRESSLY UNDERSTOOD THAT THE USER IS AWARE THAT TheClassifieds PROVIDES A SERVICE TO BRING BUYER AND SELLER OR SERVICE OFFERER AND SERVICE CONSUMER TOGETHER, AND ACCEPTS NO RESPONSIBILITY FOR THE QUALITY, RELIABILITY, SAFETY, FUNCTION, SUITABILITY OR OTHERWISE, OF A PRODUCT PURCHASED, SERVICE USED, OR OTHERWISE, AS A RESULT OF THE USE OF THIS SITE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.

10.User's Liability to TheClassifieds

In the event that TheClassifieds takes action against you for breach of these terms of use, you agree to reimburse TheClassifieds for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

11.Applicable Law

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

12.Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site, the Software, the Services, and Your listing and sale of products and services on Your Store.

13.Suspension and Termination

Notwithstanding any of these terms and conditions, TheClassifieds reserves the right, without notice and in its sole discretion, to suspend or terminate your license to use the Software, Site and/or Services, and to block or prevent future access to and use of the Software, Site and/or Services.

In the event of expiration, suspension or termination for any reason, the linceses granted in this Agreement shall automatically cease with immediate effect and you shall stop using the Site, Software and/or Services and destroy all copies of the Software in your possession, if any.

Should termination or suspension occur, there will be no refund provided to you unless otherwise agreed upon in writing by TheClassifieds. Any and all outstanding fees, including transaction fees, owed by you, shall be immediately due and payable.

Any termination or suspension shall not affect the rights of TheClassifieds to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or other costs of any kind under this Agreement. The provisions of this VUA that are ongoing, or are explicitly provided for, will survive termination or expiration of this VUA for any reason.

14.Severability

If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this vendor user agreement and shall not affect the validity and enforceability of any remaining provisions.

15.Domicilium

TheClassifieds chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Ground Floor, Building 2, Silverpoint Office Park, 22 Ealing Crescent, Bryanston, Johannesburg, South Africa.

16.Indemnification

You shall remain solely liable for the content of any messages or other information you upload or transmit to TheClassifieds. You agree to indemnify and hold harmless TheClassifieds from any claim, action, demand, loss or damages (including attorney's fees) made or incurred by any third party arising out of or relating to Your conduct, Your violation of this VUA, or Your violation of any rights of a third party.

17.Your Data, Customer Data and Privacy Policy

TheClassifieds believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the User's needs. Users of this Site should refer to our Privacy Policy for information about how TheClassifieds uses and collects information.

17.1 Customer Data, Your Data & Privacy Policy

As between Indie Labs and You, You shall own all data disclosed by or collected about (a) an individual or entity that accesses Your Store to browse or shop ("Customer Data"), and (b) You ("Your Data"). Indie Labs treats all personal information collected through the Big Cartel Site as provided in our Privacy Policy, which is incorporated herein by reference and as it may be amended from time to time.

You must establish and agree to post, maintain and adhere to a privacy policy for your Store that informs Your customers what personal information is collected, how it is used, the effective date of Your privacy policy and how Your customers can learn of changes to Your Store’s privacy policy and otherwise complies with applicable laws and regulations.

You agree to prominently include within Your Store’s posted privacy policy a statement notifying Your customers that Your Store is hosted by Indie Labs and that Indie Labs, including its service providers, parent entity and affiliates, have access to aggregated information related to Your Store customers in order for Indie Labs to analyze performance and make improvements to Indie Labs’ Services and products. You may not use Your customer information to send unsolicited commercial messages (spam) or otherwise in violation of any law, statute, ordinance or regulation.

18.Notices

Unless explicitly stated otherwise, any notices shall be sent via email to the email address you provide to TheClassifieds during the registration process.

19.No Agencies

You agree that you and TheClassifieds are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20.Assignment

You shall not assign, transfer or in any way delegate this VUA or any rights or obligations provided for under this VUA. If any transfer or delegation should occur, it will be null and void.