PHOTOGRAPHERS VENDORS PORTAL (PV) TERMS OF SERVICE & USER AGREEMENT
1 - Introduction
This user agreement ("contract") and other rules on the www.photographersvendors.com website (¨site¨, ¨PV¨) are subject to PV regulates the terms and conditions of the services offered by. All policies and rules on the site constitute an integral part of this contract, as an annex to this contract.
This agreement is between you and Serap Seker Photography, located at 199 Goodwin Drive, Guelph ON N1L 0C7 Canada. By using our services, you agree to the terms and conditions of this contract.
2 - Duration
Membership registration is completed by entering the required credentials on the site and confirming the e-mail to be sent to the e-mail address provided by you. This agreement will enter into force on 01.08.2020 for existing users and on the date of registration for new users and will remain in effect until terminated.
3 - Scope
PV provides a virtual marketplace that allows you to sell and/or purchase products and/or services on the website. PV is not the owner or seller of the products and/or services listed on this site.
PV is a platform where photographers and photographer vendors can be found, and all kinds of photography related products can be supplied. Users can benefit from all kinds of products and services offered through stores created by vendors on PV.
PV is not the provider of the products and services specified in the stores created by the vendors in the area offered on the website. PV does not make any representations or commitments regarding the existence, quality and appropriateness of the products and services offered by the sellers. It does not inspect the legality of the stores and goods/services located on the PV and created by other vendors.
PV does not make any declaration, guarantee or commitment regarding the accuracy, quality, safety of the content provided by vendors and the products and services offered for sale, or whether these products and / or services are legal.
4 - Services
PV Services provided;
1. Virtual Marketplace
a. PV is a platform where vendors can offer their products and/or services for sale by creating their own content, and buyers can view and order products and/or services in different categories.
b. Vendors and buyers can communicate using the site infrastructure on the delivery terms and payment terms of the product and/or service and agree on the order conditions.
c. Users agree that PV cannot be held responsible for legal disputes arising from products and services specified and purchased through PV. Users are personally responsible for all their actions, writings, content and shopping in PV. Users unconditionally accept, declare and undertake that PV has no responsibility in all kinds of relations with the vendors within the site.
d. The vendor who sells products or services through PV accepts and declares that it will not engage in acts and statements contrary to the law and regulations, that it will not make false statements regarding products and services, that it will not violate the intellectual and industrial property rights of third parties, and that it will perform the service or product in full or as required. commits. Vendors who open a store on PV for the purpose of selling products or services undertake to fully fulfill their responsibilities arising from the commitments made to other users and all kinds of communication. PV reserves the right to demand compensation for the unlawful behavior of the Users and this contract.
e. The User agrees and undertakes to pay the fees stipulated in the URL "Photographersvendors.com" in order to use the different services offered in PV. The vendor accepts and undertakes to pay the service fees for the paid services in PV in the declared ways, and to not benefit from the content offered in PV unless he/she makes this payment. PV reserves the right to change the price of the fee at any time.
f. PV has the right to list and sort the advertisements regarding the goods and services offered by the vendors. A fee may be foreseen for listing and sorting vendor advertisements in PV.
2. No Risk System
a. PV, which is not a party to the sales contract, provides the No Risk System to the buyer and vendor at the payment stage of the purchase and sale process. Failure to collect the price for delivery of the goods to the seller; It aims to protect the buyer against the risk of not delivering the goods at all or in the desired qualities and conditions, despite the payment of the price.
b. Within the scope of the No Risk System, PV secures account, which is kept under control and managed by PV, is operated in accordance with the No Risk System rules set forth in this contract.
c. The functioning of the No Risk System is as follows:
I. After the Buyer orders the product and/or service, transfers the product /service fee to the secure account at the bank managed by PV and the Vendor is notified that the product and/or service fee has been deposited into the secure account.
ii. The vendor sends the product and/or service to the buyer's address within the framework of their delivery policy after the buyer makes a payment to the Secure Account and provides the shipment information to the site. The buyer who receives the sent product and/or service gives approval on the site for the transfer of the product and/or service fee to the vendor's bank account if the product / service is in accordance with the agreed qualifications and conditions.
iii. If the vendor does not provide the delivery of the product and/or service to the buyer, or if it is determined that the product and /or service sent by the buyer does not meet the specified qualifications, or if the buyer gives up purchasing the product and /or service, the product/service fee will be returned to the buyer from the secure account.
iv. If the buyer does not make a confirmation or return notification within 3 (three) business days + 24 hours after the vendor enters the shipping information of the product or the information regarding the performance of the service, the product and / or service fee will be transferred to the vendor's account. For this purpose, following the completion of 3 (three) business days, a reminder message will be sent by PV. If the buyer does not convey his / her complaint about the product and / or service within the following 24 hours based on this e-mail message, the product and / or service fee will be transferred to the vendor.
v. In the event of a dispute between the buyer and the seller, PV has the right to block the product and / or service fee in the secure account until a settlement is reached or a court /arbitral tribunal decision is made.
While using the services of PV, the following actions will be deemed to be clearly in breach of the contract:
1. Listing of products, services and contents in the wrong category,
2. Violation of the legislation, violation of the rights of third parties and / or this contract or its annexes,
3. Selling of counterfeit products or violation of third party intellectual and / or industrial property rights such as copyright, trademark,
4. If you do not have the capacity to take legal action (such as under the age of 18) or if you are banned from membership,
5. The product and / or services are not delivered / delivered or the price of the purchased product and / or service is not paid,
6. Manipulating prices or interfering with the listing of other users,
7. Deceptive, misleading, incomplete, incorrect content placement,
8. Transfer of the user account or name without the written consent of PV
9. Spam, unsolicited or collective electronic communication or chain e-mails,
10. Distribution, dissemination of viruses or technologies that may harm PV or its users,
11. Damage to PV's infrastructure and system,
12. Entering the site for any purpose using robots or automatic login methods,
13. Collection and storage of e-mail or other personal information of users without the prior written consent of the users,
14. Resale, sharing, distribution, reproduction, derivation, processing of any part of the site (including but not limited to design, text, image, html code and other codes) of any intellectual and / or industrial property.
If you are a member of the site as a legal entity, you declare and guarantee that you are authorized to represent and bind the relevant legal entity. Otherwise, you agree to be personally responsible for the debts and obligations arising.
By becoming a party to this agreement, you agree that PV can monitor, process and keep records of any communication between users and their content through the site, and can provide them to the relevant parties when required within the scope of the legislation.
6 - Terms of sale
When you list products and / or services, you agree that as a seller or vendor, you will comply with the following conditions and the "Rules for Vendors" annex:
1. You accept that you will deliver / perform the product and / or service on time, in accordance with the qualifications you specify on the site and without any defects.
2. The Law on the Protection of the Consumer, the Regulation on Distance Sales, and that you will act in accordance with all the regulations regarding the protection of the consumer, and that you will be the addressee of all rights and obligations arising from the consumer law of the buyers and you will meet the demands of the buyer and the damages and losses to be incurred. You accept that you will act in accordance with the rules.
3. As a seller or vendor;
a. You are authorized to list the products and / or services on the site and offer them for sale, that you own the property or the right to offer them for sale,
b. You put the products and / or services on the market in accordance with the legislation and / or sell and / or import, that there is no obstacle to the publication, sale and sale of these products and services on the internet, they are original, not changed or deteriorated,
c. You are authorized to use brands, logos and other content related to products and / or services and to grant the license contained in this agreement,
d. Processing, reproduction, dissemination, representation and sign, TV channels, internet, which are stipulated in the Law on Intellectual Property and other relevant laws regarding the content required for promotion, including brands, logos, images, technical features, price information regarding products and / or services. Without being subject to any location, content and number limitations regarding the rights to publicly transmit and make available to third parties through smart device applications and / or in various forms in mobile devices / environments and technologies known at the date of this contract and / or to be developed after the date of the contract. You are granting a non-exclusive license to PV that is valid for the duration of the contract,
e. The products and / or services have invoices, warranty documents and all kinds of tax liabilities related to the products, including customs duties, have been fulfilled,
f. You acknowledge that you will comply with the legal regulations that are in force or will come into force in the future, in particular tax, customs, export, import, consumer protection, competition, advertising, intellectual and industrial rights.
4. In cases where you violate this contract and / or legal regulations, regarding the violated transaction or action, You agree that you will be obliged to fulfill the transactions requested by the company and take the actions.
5. As the seller or vendor, if you have a third party supplier make any of the transactions made through the user account on the site, you agree that you are liable together with the supplier for the transactions made by your supplier on the site.
7 - Listing
You agree to comply with the Listing Rules in the annex while offering the product and / or service for sale.
1. You acknowledge that you are responsible for the listed products and / or services to be up-to-date and legal, and to list the products and / or services subject to legal restrictions for sale in accordance with these legal restrictions.
2. Products and / or services that are on the list of prohibited products and / or services or that are prohibited for sale in accordance with legal regulations or that will become prohibited in the future cannot be offered for sale.
8 - Fees
The fees for the Listing and Commissions are announced in the "Rules for the Vendors" section. PV may change the pricing policy and fees from time to time with 14 days in advance announcements or messages. Users who do not accept this change will be able to leave the membership within 14 days without compensation or penalty.
9 - Terms of Purchase
When purchasing, you agree to abide by the "Rules for Buyers".
10 - Intellectual Property
PV and Serap Seker Photography brand and logo belong to PV or Serap Seker Photography, with all content created by PV on the site, including but not limited to the design, image, html code of the site. Users cannot use, share, distribute, exhibit, reproduce, or make works derived from PV and Serap Seker Photography, subject to intellectual property rights.
11 - Photographersvendors.com (PV) Rights
As a user, PV is not responsible for any legal proceedings, inquiries or lawsuits regarding the products and / or services offered for sale or the transactions you perform on the site, and all information and documents required for PV to defend itself that you agree to provide as soon as possible. PV reserves the right to remove the relevant content from the site in case of warning from third parties or any inconsistency is detected. No indemnification liability will arise against the vendor due to PV's removal of such products and / or services from the site.
The membership of the vendor, which is determined to supply the prohibited products specified in the contract and products prohibited by the relevant legislation and / or does not comply with the provisions of the contract and the rules specified on the site, maybe suspended or cancelled by PV.
12 - Termination
Any of the parties may unilaterally terminate this contract and its annexes at any time. In the event of such termination, the parties will mutually fulfill their rights and debts arising until the termination date.
PV will be able to unilaterally terminate the contract and your membership immediately if you violate this contract and its annexes. In this case, you acknowledge that you are responsible for all damage and loss the PV suffers / may suffer.
13 - Responsibilities
You, i) actions or transactions contrary to this contract ii) we will use the brand, logo and content iii) the products and / or services you list iv) the advertisement, promotion, campaign or promotion you make and v) the PV, PV employees due to the actions and transactions contrary to the legal regulations and its directors and PV users may be subjected to material / intangible, direct / indirect damages and all expenses (trial expenses and attorney fees, etc.) You hereby irrevocably accept to pay in cash and in a lump sum with all its accessories within 7 (seven) days following the first written request of the PV.
PV reserves the right to offset these charges from the balance in the PV secure account or to block these charges if it wishes.
The liability of PV arising from this contract is limited to the sum of the fees and commissions, if any, collected by the PV from the user as of the date of the event that caused the damage, under this contract, except in cases of intent and gross negligence.
14 - General
1. Neither party shall be liable to the other party for any failure to fulfill or delay any of its obligations under this contract due to force majeure. Force majeure is any unforeseen and unavoidable event outside of the reasonable control of the parties. Including, but not limited to the following, popular uprising, COVID-19 pandemic and other pandemics, war, government restrictions and administrative decisions, embargo, enforcement of the government or an agency, internet speed and interruptions, natural disasters, storms, fires, accidents, sabotage, explosions, terrorist attacks, materials or supplies shortage of supplies, strikes and lockouts are considered force majeure.
2. The parties will not be able to transfer their rights and obligations arising from this contract to any third party, except for the transfers to be made by PV to their group companies.
3. All notifications to be made with you will be made to the e-mail address or physical address you have specified in the system, either electronically or in writing. If you do not notify any e-mail or address change in writing or update it on the site, the notification to your existing e-mail address or physical address will be deemed valid.
5. This agreement can be changed at any time by e-mail or the Messages section on the My Account page or by posting the updated articles on www.photographersvendors.com.
6. The policies and rules on our site may be changed from time to time. Changes are valid on the date they are published on the website.
7. Canadian Law will be applied in the settlement of legal disputes arising from the application and interpretation of this contract.
8. The parties accept that their books and records, computer records, confirmed fax messages, e-mails of the parties will constitute valid, binding and evidence in disputes that may arise from this contract.
9. If any provision of this contract is determined by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this contract and the remainder of that provision shall not be affected.
10. Nothing in this contract shall be construed as any representation, agency, partnership or any other joint venture relationship between the parties.
15 - Annexes
Users accept that the rules and policies published on the site are an integral part of this contract. Users accept that they also read and understand the rules below.