Maxidiscounts.co.uk Seller Account Agreement

General Terms

THIS IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND “MAXIDISCOUNTS.CO.UK”. BY SIGNING THE AGREEMENT, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

As used in this Agreement, “we”, “us," and “Maxidiscounts.co.uk” means the applicable Kings Group Consulting SARL Contracting Party and any of its applicable Affiliates, and “you" 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. Capitalized terms have the meanings given to them in this Agreement.

1. Enrolment

To begin the enrollment process, you must accept the terms and conditions indicated in this document.

As part of the application, you must provide us with your (or your business') legal name, address, phone number, e-mail address and related company documents and other documents if necessary.

2. Service Fee Payments; Receipt of Sales Proceeds

For the listing of your products to the website, at first the seller opens an maxidiscounts.co.uk membership account at Seller Account page of the website. After filling the necessary information and getting the inscription approval seller can use its dashboard.

In order to start selling products the seller should increase its membership status to vendor. After getting the vendor status, seller can be able to get credits and start uploading and then selling products.

The seller is charged to pay listing fee per product. As a selling commission maxidiscounts.co.uk charges %20 of the selling price when you sell your product.

You are responsible for all of your expenses in connection with this Agreement.

To use our service, you must provide us with valid credit card information, as well as valid bank account information.

You can follow all the steps of the selling and should fulfil your responsibilities timely. You are obliged to ship your product as foreseen in your commitment. You are obliged to send tracking number of the shipping to business@maxidiscounts.co.uk as soon as possible after the shipment.

If you deliver late or could not prove your delivery you will be charged with a penalty of 5 percent of your selling price for each day.

Since, legally the customer has right to ask for refund in 30 days after delivery. All payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us, 32 days after the delivery.

Meanwhile, all the damaged returns and refunds to the customer is under the seller’s responsibility. Refund policy is indicated in the Return Policy page of maxidiscounts.co.uk.

If we determine that your actions may result in claims, disputes, violations of our terms or policies, or other risks to maxidiscounts.co.uk 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 us 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.

As a security measure, we may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time.

Within the framework of this Agreement maxidiscounts.co.uk or its affiliates in EU countries has right to sell your products in European countries.

maxidiscounts.co.uk or its Affiliates can ask the seller for a new Agreement for selling your products in other countries.

In case of not complying with legal requirements or signed Agreements  we may at any time cease providing any or all of the services at our sole discretion and without notice.

maxidiscounts.co.uk has also B2B opportunities for the seller and this opportunities needs a new agreement between maxidiscounts.co.uk and the seller.

3. License

You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable 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 and all of your materials, and to sublicense the foregoing rights to our affiliates; provided, however, that we will not alter any of your trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same). Provided further, however, that nothing in this Agreement will prevent or impair our right to use your materials without your consent to the extent that such use is allowable without a license from you or your affiliates under applicable Law.

4. Representations

You represent and warrant to us 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, (b) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by you or your affiliates to maxidiscounts.co.uk, is at all times accurate and complete; (d) you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the European Union or its member states, or other applicable government authority; and (e) you and all of your subcontractors, agents, and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

5. Indemnification.

You release us and agree to indemnify, defend, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any of Your Sales Channels other than maxidiscounts.co.uk , Your Products (including their offer, sale, performance, and fulfillment), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (c) Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); or (d) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

6. Limitation of Liability

We will not be liable (whether in contract, warranty, tort (including negligence, product liability, or other theory) or otherwise) to you or any other person for cost of cover, recovery, or recoupment of any investment made by you or any affiliates in connection with this Agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this Agreement, even if maxidiscounts.co.uk has been advised of the possibility of those costs or damages.

7. Tax Matters

As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes, except to the extent that (i) maxidiscounts.co.uk automatically calculates, collects, or remits taxes on your behalf according to applicable Law; or (ii) maxidiscounts.co.uk expressly agrees to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by maxidiscounts.co.uk and used by you. You agree to and will comply with all applicable tax policies in this regard. All fees and payments payable by you to maxidiscounts.co.uk under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying maxidiscounts.co.uk any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.

8. Confidentiality

During the course of your use of the Services, you may receive information relating to us or to the Services, including but not limited to maxidiscounts.co.uk Transaction Information, that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain maxidiscounts.co.uk's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

9. Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

10. Relationship of Parties

Subject to the Transaction Processing Service Terms, you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of maxidiscounts.co.uk, you, and customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

11. Use of Transaction Information

You will not, and will cause your Affiliates not to, directly or indirectly: (a) disclose any maxidiscounts.co.uk Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under this Agreement if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any maxidiscounts.co.uk Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered Your Product with the intent to collect any amounts in connection therewith or to influence that Person to make an alternative transaction; (d) disparage us, our Affiliates, or any of their or our respective products or services or any customer; or (e) target communications of any kind on the basis of the intended recipient being an maxidiscounts.co.uk Site user.

12. Suggestions and Other Information

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to maxidiscounts.co.uk Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions.

13. Modification

If maxidiscounts.co.uk needs to change the terms and conditions contained in this Agreement other than the monetary issues, we have right to do it at any time and at our sole discretion. Any changes will be effective after sending of the notice of changes to the seller’s e-mail address.

14. Export

You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, the European Union, or any other applicable government authority.

15. Miscellaneous.

maxidiscounts.co.uk and you both consent that any dispute with maxidiscounts.co.uk or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration, rather than in court.

You may not assign this Agreement, by operation of Law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

We have the right in our sole discretion to determine the content, appearance, design, functionality, and all other aspects of the Services, including by redesigning, modifying, removing, or restricting access to any of them.

Because maxidiscounts.co.uk is not your agent (except for the limited purpose in Transaction Services, or the customer’s agent for any purpose, maxidiscounts.co.uk will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.

We will send all notices and other communications regarding this Agreement to you at the e-mail addresses you designated for notifications. You will ensure that all of your information is up to date and accurate at all times.

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

This Agreement represents the entire Agreement between the parties with respect to the Services and related subject matter and supersedes any previous or contemporaneous oral or written Agreements and understandings.