The Agreement is a suite of optional services for vendors including selling on Kwingy, Fulfillment by Kwingy, Kwingy Advertising, and Transaction Processing Services. It contains the terms and conditions to be followed on accessing and using the services. By registering or using the services provided by Kwingy, you agree to bind yourself and the business you represent on the terms of this agreement.
As used in this Agreement, “we,” “us,” and “Kwingy” means the applicable Kwingy Contracting Party, and “you”, “your”, vendor” means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates.
2. Service and Receipt of Sales Proceeds
The service fee and listing will be free of charge to the vendor. Kwingy pays its vendors every 1 to 3 days. This includes all orders within 3 days that are delivered and successfully fulfilled three days ago. The reason why Kwingy proceeds to pay their vendors three days after the most recent estimated delivery date is to prioritize customers’ satisfaction.
All payments to you will be remitted to your Bank Account through a banking network, by cash, or by other means specified by us If we determine that your goods, actions, or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Kwingy or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to Kwingy or third parties persist.
If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate our policies, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in USD and in the local currency, and all payments contemplated by this Agreement will be made in the USD and the local currency. We will impose transaction charges on all customers and vendors relating to the amount of any transaction or disbursement paid or received online.
3. Term and Termination.
The term of this Agreement will start on the date of your completed registration for use of the Service and continue until terminated by us or you as provided below. You may at any time terminate your account or this Agreement immediately on 7 days’ notice to us via vendor Central, email, or similar means. We may terminate your account or this Agreement for convenience with 7 days advance notice.
We may suspend or terminate your account or this Agreement immediately if we determine that
(a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion;
(b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity;
(c) your use of the Services has harmed, or our controls identify that it might harm, other vendors, customers, or Kwingy’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means including vendor Central, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights, and obligations under this Agreement immediately terminate.
(a) Your indemnification obligations. You will defend, indemnify, and hold harmless Kwingy, and our officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, or expense, arising from or related to
(i) your non-compliance with applicable Laws;
(ii) Your Products, including the offer, sale, fulfillment, refund, cancellation, return, or adjustments thereof,
(iii) actual or alleged breach of any representations you have made.
(b) Kwingy’s indemnification obligations. Kwingy will defend, indemnify, and hold harmless you against any third-party Claim arising from or related to
(i) Kwingy’s non-compliance with applicable Laws; or
(ii) allegations that the operation of Kwingy’s Site infringes or misappropriates that third party’s intellectual property rights.
5. Confidentiality and Personal Data
6. Password Security.
Any password we provide to you may be used only during the Term to access vendor dashboard (or other tools we provide, as applicable) to use the Services 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 and are solely responsible for any use of or action is taken under your password. If your password is compromised, you must immediately change your password.
7. Product Listings and Orders
You will provide accurate and complete required product Information for each product that you offer through any Kwingy Site and promptly update that information as necessary to ensure it at all times remains accurate and complete. We will provide Order Information to you for each order of Your Products through the applicable Kwingy Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with this Selling on Kwingy Service Terms. For Your Products ordered by customers on or through the Kwingy site will be fulfilled by Kwingy.