Please read these merchant terms of service and agreement (“terms of service,” “Terms” or “Agreement”) carefully before using the website, applications and services offered by Dig AMZ (“Dig AMZ”, “we”, “us”). This agreement sets forth the legally binding terms and conditions for your use as a merchant of our website(s), services or applications, including, without limitation, the website at https://www.digamz.com.
By registering for or otherwise using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or published or made available by Dig AMZ.
- Dig AMZ is a Marketplace
You understand and agree that Dig AMZ (https://www.digamz.com) is a marketplace and as such is not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, products, listings, links or information posted by you, other merchants or outside parties on Dig AMZ. You use the Services at your own risk.
To the fullest extent permitted by law, you and your Affiliates (defined below) waive claims related to, and agree that Dig AMZ and Dig AMZ Affiliates, including any of their officers, directors, employees, consultants or agents, are not responsible for (a) any statements, guarantees, services in this agreement, and expected transactions, including merchantability, applying to particular purposes or any implied warranties; (b) implied warranties based on the transaction process, the performance of the contract or trading practices course of dealing; or (c) any duties, responsibilities, rights, claims or tort reliefs, whether or not they are due to Dig AMZ’s negligence. “Affiliate”“ shall mean, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.
If you have disputes with any third party over any product, offering or interaction over the Services, you agree not to make any claim of any kind or nature against Dig AMZ or its Affiliates, no matter whether such claims, requirements or compensation of damages are known, ensured or released.
- Fees and Payment
Dig AMZ will collect fees or other amounts from you, for your use of the Services, as set forth in its policy on Fees and Payments or as otherwise communicated to you by Dig AMZ. You are responsible for paying all fees and applicable taxes associated with using, advising and selling on Dig AMZ.
The merchant also may incur fees through the use of various payment providers or processors. Any such payment provider or processor fees will be determined by any agreement the merchant may have with a payment provider or processor.
Dig AMZ will make payments to you, in connection with your use of the Services, as set forth in its policy on Fees and Payments or as otherwise communicated to you by Dig AMZ.
In addition to the above, Dig AMZ may unilaterally elect to delay the remittance and withhold the amounts payable to merchants, or any other payment due under the terms of this Agreement or its policy on Fees and Payments, until such time as Dig AMZ receives confirmation of product delivery. Transactions for which Dig AMZ cannot confirm delivery may be ineligible for payment.
In the event that Dig AMZ elects to remit an amount to you before the eligible payment date for such amount through a discretionary advance or advance made through your payment processor or provider (hereinafter a “Discretionary Advance”), Dig AMZ may reduce merchant’s payment eligibility by the amount of the Discretionary Advance either immediately or as soon thereafter as reasonably practicable.
Moreover, If Dig AMZ determines that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Dig AMZ or third parties, then Dig AMZ may in its sole discretion withhold any payments to you for as long as Dig AMZ determines any related risks to Dig AMZ or third parties persist. For any amounts that we determine you owe us, we may (a) charge your account or any payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to you; or (e) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to violate our policies, then we may in our sole discretion permanently withhold any payments to you. In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Dig AMZ or third parties. These amounts may be refundable or nonrefundable in the manner we determine, and failure to comply with terms of this Agreement, including any applicable policies, may result in their forfeiture.
- Listing and Selling
Listing Description: By listing an item on the Services you warrant that you and all aspects of the item comply with Dig AMZ’s terms and published policies. You also warrant that you may legally sell the item in all locations that you list your item for sale. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical.
Binding Sale: All sales are binding. You are obligated to ship the applicable order in a prompt manner after a sale is made over the Services or you otherwise complete the transaction with the applicable buyer. The cost arising from not completing orders in time shall be undertaken by you.
Third-Party Service Providers: To the extent you use any third party to assist or facilitate any portion of your use of the Services, including without limitation your listings, sales, fulfillment, system notifications or changes, customer support or other functions, you agree that you shall be responsible for and Dig AMZ shall not be liable for any acts, conduct, errors, omissions, losses, claims or other issues resulting from your use of such third party’s services.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not do anything intended to or having the effect of avoiding any fees due to Dig AMZ, or otherwise intended to violate these Terms, including without limitation, altering the item’s price after a sale, misrepresenting the item’s location, or using another merchant’s account without permission.
Nonconformity, Defects or Other Issues with Items: You are also responsible for any nonconformity or defect in, or any recall (public or private, voluntary or mandatory) of, as well as any other safety concerns related to, the items you list for sale. You will notify Dig AMZ as soon as you become aware of any recall related to your items.
If we determine that the performance of your obligations under this Agreement may result in returns, claims, disputes, violations of our terms or policies, or cause any other risks to Dig AMZ, its users or other third parties, then Dig AMZ (at its sole discretion) may mitigate such risks, including, without limitation, by issuing customer refunds, issuing penalties, withholding, offsetting or retaining amounts otherwise due to you, suspending your account or taking any other actions Dig AMZ deems appropriate for so long as Dig AMZ (in its sole discretion) believes your items might pose continued risks to Dig AMZ, its customers or other third parties.
If you offer a product for sale through our Services that requires a warning under California Health & Safety Code Section 25249.6 (a “Proposition 65 Warning”) you (a) will provide in your listing such warning in the manner compliant with applicable law, (b) agree that our display of a Proposition 65 Warning on a product detail page is confirmation of our receipt of that warning, and (c) will only revise or remove a Proposition 65 Warning for a product when the prior warning is no longer legally required.
- Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on or relating to the Services and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, products, items, listings, and links that you submit, post or display on the Services (collectively, “Content”).
Your Content, use of (or activity on) the Services, and products sold over the Services shall not:
- Be false, inaccurate or misleading;
- Be obscene or contain unwarranted pornography, nudity, or adult material;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Contain images that are not part of a product listing;
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; such prohibited behavior includes (without limitation): 1) selling or displaying items portraying the likeness of a celebrity (including portraits, pictures, names, signatures and autographs); 2) selling or displaying items bearing a third-party brand or trademark that you are not authorized to display in such manner or 3) selling any pirated video or recording;
- Involve the sale of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) or any other regulator that has jurisdiction in the countries in which the items are offered as hazardous to consumers and therefore subject to a recall;
- Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Dig AMZ staff or other merchants), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- Decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
- “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services through any means;
- Violate the security of any computer network, or crack any passwords or security encryption codes;
- Modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with Dig AMZ;
- Post fraudulent, inaccurate or misleading reviews of merchants or items (and instead shall always disclose all information a reasonable shopper would want to know about your review, including whether you were provided any compensation or other benefit to write your review);
- Solicit business for, direct sales to, or promote any website, service, or entity outside of the Services; or
- Violate any export, import or trade control laws, regulations or orders applicable to the export, re-export, transfer, import, sale or use of Products sold under this Agreement (collectively, “Trade Control Laws”). Without limiting the foregoing, you shall not sell, transfer, export or re-export to, or otherwise provide Products under this Agreement, directly or indirectly, (i) to any country (or national or government thereof), state, territory, or region, that is subject to sanctions measures issued or adopted from time to time by U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) (currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) or any other applicable sanctions, including the sanctions laws of any other country with jurisdiction over Merchant (collectively, “Sanctions”); (ii) to any person to whom delivery is prohibited under Trade Control Laws or Sanctions, including, without limitation, to any person or entity identified on (A) the Denied Persons List as maintained by the U.S. Department of Commerce Bureau of Industry and Security or (B) the list of Specially Designated Nationals and Blocked Persons as maintained by OFAC, or (iii) for any end-use prohibited under Trade Control Laws or Sanctions, including, without limitation, for any missile, chemical weapons or nuclear end uses).
If Dig AMZ determines in its sole discretion, suspects, or is informed that you are selling goods or engaging in acts in violation of the foregoing prohibited activities (including, without limitation, selling goods that are counterfeit, illegal, or violate third-party rights) then, without limiting any of Dig AMZ’s rights under these Terms or at law, Dig AMZ may in its sole discretion suspend, freeze, terminate or restrict your selling privileges, issue penalties against you, cause payments to you to be withheld or forfeit or take any other actions as Dig AMZ may deem to be appropriate or as may be required by law.
License: You hereby grant Dig AMZ a royalty-free, non-exclusive, worldwide, perpetual, sublicensable (through multiple tiers), irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, excerpt, analyze, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner your Content in any medium or in any format and for any purpose, including, without limitation, for the advertising, marketing, or promotion of Dig AMZ or the Services. For the sake of clarity, nothing in the Terms will prevent or impair our right to use your Content without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).
Reposting Content: By posting Content on Dig AMZ, it is possible for an outside website or a third party to repost that Content. You agree to indemnify, defend and hold Dig AMZ harmless for any dispute relating to this use.
Privacy, Legal Requirements, Protection of Dig AMZ and Others:
When you use the Services, such as when you fulfill a purchase, you may obtain personal information from or about a Dig AMZ user (“User Data”). Your use of User Data shall comply with applicable data protection law, including without limitation Europe’s General Data Protection Regulation. Unless you obtain a valid consent from the individuals described by User Data, you shall only use User Data in connection with the corresponding transaction with such user (e.g. shipping and fulfillment) or as necessary to meet your statutory legal requirements, such as tax and reporting requirements. You shall employ reasonable and appropriate measures to safeguard User Data from misuse, loss, destruction or unauthorized access or use. You acknowledge and agree that if Dig AMZ determines in good faith that additional agreements are necessary for compliance with applicable data protection law, you will promptly review and accept such agreements or cease using the Services or applicable portions thereof, such as sales into the European Union.
Without limiting the foregoing, without express opt-in consent from the user, you shall not add any Dig AMZ user to your email or physical mail list, and shall not upload, access or use tracking technologies (such as browser cookies, web beacons or flash cookies) as part of any item listing. Dig AMZ does not assume any responsibilities for disputes between you and your customers for using customer information without authorization.
- Email Address
- Payment Method or Financial Account Information
- Shipping Address
- Phone Number
- Social network account credentials
- Sales Information
- Dig AMZ identifications or usernames