Contract
Contract Details
Agreement
This Marketplace Agreement ("Agreement") is entered into between you ("User") and Bunches LLC ("Bunches"), the operator of the sumo.market online marketplace. By registering and using sumo.market as a buyer, seller, or both, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Agreement is subject to jurisdiction-specific laws, which may apply to various aspects of this Agreement regardless of its terms.
1. Role of Bunches LLC
1.1 Limited Role: Bunches provides an online platform to facilitate introductions and transactions between buyers and sellers. Bunches is neither an agent, guarantor, nor principal in any transaction.
1.2 No Assumption of Liability: Bunches does not assume responsibility for the accuracy of listings, delivery, payment, or any disputes between users. The contract for the purchase or sale of goods or services is solely between the buyer and seller.
1.3 Jurisdiction-Specific Laws: Users acknowledge that jurisdiction-specific laws may apply to transactions or platform use, and nothing in this Agreement limits any mandatory rights granted by such laws.
2. User Registration
2.1 Eligibility: Users may register as buyers, sellers, or both. During registration, users must provide accurate and up-to-date information, including proof of identity or business credentials.
2.2 Commercial Nature: By registering on sumo.market, you agree to be treated as a business entity, and consumer protection laws will not apply unless mandated by jurisdiction-specific laws.
3. User Responsibilities
3.1 Accuracy of Information: Users are responsible for ensuring the accuracy of all information provided during registration and in listings.
3.2 Compliance: Users must comply with all applicable laws, regulations, and platform policies.
As a Buyer:
Buyers agree to purchase goods or services based solely on the terms set by the seller.
Buyers accept the risks of non-delivery, damage, or defective goods and agree that Bunches is not liable for these risks.
As a Seller:
Sellers are responsible for the accuracy of their listings, the quality of their goods or services, and compliance with intellectual property laws.
Sellers indemnify Bunches against claims related to intellectual property infringement, fraud, or misrepresentation.
4. Dispute Resolution and Arbitration
4.1 Arbitration Clause: Any dispute arising from this Agreement shall be resolved by arbitration.
4.2 Forum and Rules: Arbitration will follow the rules of the United Nations Commission on International Trade Law (UNCITRAL) or the International Chamber of Commerce (ICC).
4.3 Binding/Non-Binding Arbitration: Arbitration shall be binding, except in jurisdictions where binding arbitration is unenforceable, in which case disputes may be resolved in the courts of the country where Bunches LLC is incorporated.
4.4 Dispute Costs:
Any User raising a dispute (the "Claimant") is required to pay all costs associated with the arbitration or dispute resolution process in advance.
This includes a fee equal to 5% of the disputed amount or a minimum fee of $500 (whichever is greater), payable to Bunches LLC, plus any expenses incurred by Bunches in facilitating the dispute process.
The Claimant acknowledges that failure to pay these costs in advance will result in the dispute being dismissed without further consideration.
4.5 Jurisdictional Clause: In jurisdictions where arbitration is unenforceable, disputes will be resolved in the courts of the country where Bunches LLC is incorporated, and the Claimant remains liable for all associated costs.
5. Modifications to the Agreement
5.1 Right to Modify: Bunches reserves the right to modify this Agreement at any time.
5.2 Notification of Changes: Users will be notified of significant changes via email or a notice on the platform at least 30 days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the changes.
6. Privacy and Data Protection
6.1 Privacy Policy: Users agree to the collection and use of personal data as outlined in the Privacy Policy, which complies with relevant laws, including GDPR (EU/UK), India’s DPDP Act, and UAE data protection laws.
6.2 Consent: Users provide explicit consent for data collection and processing during registration.
7. Intellectual Property and Listings
7.1 Compliance: Sellers are responsible for ensuring that their listings do not infringe on intellectual property rights.
7.2 Indemnification: Sellers indemnify Bunches against claims of intellectual property infringement, fraud, or misrepresentation arising from their listings.
7.3 Account Suspension: Bunches reserves the right to suspend or terminate user accounts for violations of platform policies or applicable laws.
8. No Buyer or Seller Protection
8.1 Buyer Risks: Buyers assume the risks of non-delivery, damaged items, or disputes with sellers. Bunches does not provide buyer protection programs or guarantees.
8.2 Seller Risks: Sellers assume the risks of fraudulent transactions, chargebacks, or disputes with buyers. Bunches does not provide seller protection programs or guarantees.
9. Force Majeure
Bunches shall not be held liable for failure to perform its obligations due to circumstances beyond its control, including but not limited to natural disasters, regulatory changes, or technical failures.
10. Entire Agreement
This Agreement constitutes the entire understanding between the User and Bunches, superseding all prior agreements or communications.
11. Language and Accessibility
This Agreement is provided in English. Translations may be made available upon request in specific jurisdictions.
By registering and using the sumo.market platform, you acknowledge that you have read, understood, and agreed to be bound by this Marketplace Agreement.