Welcome to the Crafter’s Online Market. This Agreement contains the terms and conditions that govern the Vendors’ use of the Crafter’s Online Market.
Crafter’s Online Market is offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein, and any future versions thereof, and procedures that may be published from time to time on Crafter’s Online Market or made available to you on or through the (collectively, the “Agreement”).
When accepted by you, this Agreement forms a legally binding contract between you and Crafter’s Online Market.
If you are entering into this Agreement on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
PLEASE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE CRAFTER’S ONLINE MARKET.
Crafter’s Online Market may, in its sole discretion, elect to suspend or terminate access to, or use of the Crafter’s Online Market for anyone who violates this Agreement.
The original language of this Agreement is English, In case of conflicts between the original English version and any translation, the English version shall prevail.
Product – any physical product that is custom made and or produced by the vendor.
Customer Data – is all electronic data or information submitted by a Vendor to Crafter’s Online Markets systems which is accessible to the Vendor through the Vendor’s Online Store.
Online platform – the online catalog of products.
Materials – the products, services, information, content, data, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Crafter’s Online Market.
Restricted Area – means the area of the Service that can be accessed only by Vendors, Site Owners and Admins.
Services – the Crafter’s Online Market Web Site, Services, System, and all content, services and/or products available on or through the Crafter’s Online Market.
User – a vendor, agent or representative of a Vendor, who primarily uses the restricted areas of the Crafter’s Online Market.
Vendor – a natural or legal person who enters into this Agreement with Crafter’s Online Market.
A valid User account (paid up) is required to activate the Vendor feature. The Vendor feature is accessible to Users with administrator rights in the settings page of the Restricted Area.
The Vendor is solely responsible for the confidentiality of the account login details and agrees to be held responsible for all actions and activities that occur under the Vendor’s account.
Crafter’s Online Market reserves the right to refuse to activate the Vendor feature, to terminate the Vendor feature, and to remove content made available through the Vendor account.
The Vendor is solely responsible for providing all Customer support for their products listed on the Marketplace..
The Vendor shall provide Customer support according to their Terms of Service. The Vendor’s Terms of Service must meet at least the following requirements:
- The Vendor will provide telephone and/or web-based and/or email support to Customers of their products;
- The Vendor will respond to all critical Customer support requests within 48 hours,
- A critical customer support request is a request involving an product-related issue that:
3.1. interferes with the normal use of the vendor’s platform and/or Crafter’s Online Market Service,
3.2. Renders the vendor’s platform and/or Service unusable,
- The Vendor will respond to all customer support requests within 2 business days,
- The Vendor will clearly direct and instruct Customers to contact only the Vendor for Customer support.
Crafter’s Online Market is not obligated to provide any customer and/or technical support for the listed products unless Crafter’s Market is the Vendor under this Agreement.
The Vendor may seek Crafter’s Online Market assistance with a problem after Vendor has exhausted reasonable efforts to solve the problem.
AVAILABILITY OF VENDOR PRODUCTS
The Vendor shall make reasonable efforts to make products available to Customers at least 99% of the time on the Crafter’s Online Market platform.
The Vendor will be exempted from this obligation if the unavailability is:
- scheduled and the Vendor has notified Crafter’s Online Market and Users at least 24h in advance;
- caused by Crafter’s Online Market;
- caused by circumstances beyond the Vendor’s reasonable control, including, for example, a government act, flood, fire, earthquake, civil unrest, an act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.
The Vendor may regulate the availability of the products differently in their own Terms of Service, as long as it meets minimum requirements set in this Agreement.
Crafter’s Online Market is not responsible for security, integrity or privacy of Customer Data to the extent to which is Customer Data transferred outside of Crafter’s Online Market Services.
The Vendor warrants that, without Customer written consent or extent required by applicable law, it will not:
- access Customer Data – except to provide Customer support,
- disclose Customer Data,
- modify Customer Data.
The Vendor must respond to requests to access, erase, or restrict the processing of personal data within limits set by applicable law.
For clarity, all data provided by a prospective Customer through a Trial Account will be treated by the Vendor as Customer Data belonging to that prospective Customer, and Vendor will provide the Customer with the ability to access and download all of its Customer Data throughout the term of the Trial Account.
The Vendor will comply with all online laws and the Vendor is solely responsible for all activities that occur in its accounts.
The Vendor must not use the Service and/or online platform to create, transmit, display or otherwise make available any material that:
- violates the terms of this Agreement or the rights of Crafter’s Online Market, Customers or Users,
- is harmful,
- is offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, defamatory, hateful or otherwise unlawful.
The Vendor must not:
- sell, resell, license, sublicense, distribute or otherwise commercially exploit the Service and/or of Crafter’s Online Market in the interests of any third party;
- attempt to gain unauthorized access to the Service and/or Crafter’s Online Market;
- interfere with and/or disturb the integrity of the Services of Crafter’s Online Market or data therein;
- attempt to modify Crafter’s Online Market Service;
- access the Crafter’s Online Market to monitor the availability, performance, functionality thereof or to benchmark or use the Crafter’s Online Market for competitive purposes;
- share any data or content from the Service or the Crafter’s Online Market with Crafter’s Online Markets competitors;
- send communications containing recruitment or marketing content to other Vendors and/or their respective User accounts, using data, content or information obtained through the Crafter’s Online Market.
The Vendor’s User account must not be shared or used by more than one individual user but may be reassigned from time to time to new users who are replacing former users who have terminated employment or otherwise changed job status or function and no longer need to use the Services.
MEMBERSHIP AND OTHER RESOURCES
Crafter’s Online Market grants the Vendor a limited, revocable, non-exclusive, royalty-free, non-transferable, non-sub-licensable license to access and use these Resources, solely for the purposes of selling their products and promoting, only as expressly authorized in this Agreement.
The Vendor must follow all instructions and requirements in any resources provided by Crafter’s Online Market.
We may modify, terminate access to, or delete any Resource at any time, without notice and the Vendor is solely responsible for ensuring that the Crafter’s Online Market functions properly after any such modification, termination or deletion.
Crafter’s Online Market reserves the right to remove or edit, at its own discretion and at any time, reviews on Crafter’s Online Market that violate this Agreement, Crafter’s Online Market Terms of Service or any other operating rules, policies and any future versions thereof.
Confidential Information shall mean any and all information which a party has disclosed orally or in writing and designated as confidential or which should reasonably be understood to be confidential considering circumstances of disclosure or nature of the information.
Crafter’s Online Market Confidential Information includes, but is not limited to, information:
- about the online platform,
- about the Services,
- any information about Crafter’s Online Markets, operations, materials and service agreement.
- any non-public information.
The Vendor’s Confidential Information includes, but is not limited to information about the Vendor’s:
technology, technical systems, business processes, business, marketing plans and memberships
Confidential Information shall include all discussions between Crafter’s Online Market and the Vendor regarding their relationship.
Confidential Information (except Customer Data) shall not include any information that:
- is or becomes generally known to the public without breach of any obligation set herein,
- was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation set herein,
- is received from a third party without breach of any obligation set herein, or
- was independently developed by the Receiving Party without breach of any obligations owed to the Disclosing Party.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided that the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
Crafter’s Online Market reserves the right to introduce and subsequently increase and/or decrease a fee for listing and/or selling products on the Marketplace.
Crafter’s Online Market also reserves the right to introduce and subsequently increase and/or decrease the service fee, for operating the Crafter’s Online Market.
Crafter’s Online Market shall notify the Vendor of such changes as provided above 30 days prior to such changes entering into force.
Continued use of the Marketplace once 30 days have passed since the posting of changes, as provided above, constitutes your binding acceptance of such changes.
The Vendor is responsible for all product and store related performance. The Vendor is also solely responsible for the accuracy, legality, and appropriateness of any content or information Vendor submits to or makes available through the Crafter’s Online Market.
Crafter’s Online Market makes no representation or warranties of any kind, express or implied, concerning the operation of the Marketplace, or the information, content, materials, products or other services included on or otherwise made available through Crafter’s Online Market publishes the content.
Crafter’s Online Market shall not be liable to the Vendor, the Customer or the User for any consequences resulting from:
- any amendments to this Agreement, calculation, and rates of Fees, modification of Crafter’s Online Market, Resources, Materials, or any part thereof, including any error, permanent or temporary interruption, discontinuance, suspension or other types of unavailability of Crafter’s Online Market,
- deletion of, corruption of, or failure to store any Products,
- use of Customer Data by the Customer or any of the Users associated with the Account,
- any disclosure, loss or unauthorized use of the login credentials of Users due to Customer’s failure to keep them confidential,
- the application of any legal remedies against the Customer or authorized Users by Crafter’s Online Market,
Crafter’s Online Market shall not be liable to the Vendor for any claim by any Customer, User, or third persons against the Vendor arising out of the Vendor’s failure to:
a. provide Crafter’s Online Market with accurate information,
b. notify Crafter’s Online Market of any reasons due to which a User does not have the right to use the Account on behalf of the Vendor,
c. provide any products which it has agreed to provide to a Customer,
d. ensure the lawfulness of Customer Data,
e. obtain the necessary rights to use Customer Data,
f. lawfully process Customer Data,
g. abide by any of the restrictions described in this Agreement.
Crafter’s Online Market makes no warranty or representation concerning the accuracy of the information provided on Crafter’s Online Markets platform.
Crafter’s Online Market disclaims any and all warranties, express or implied, to the fullest extent permissible by applicable law. Crafter’s Online Market also disclaims any liability for claims arising out of misuse, improper selection, improper representation, installation, modification or malfunction of products and the online store.
The Vendor will use the online store in compliance with all applicable laws, including all export and re-export restrictions and regulations of authorities which may apply to online purchasing.
Crafter’s Online Market has no obligation to promote, distribute or offer any product on the Marketplace for sale.
Neither Party of this Agreement may assign any rights or obligations under this Agreement without the prior written consent of the other (not to be unreasonably withheld or delayed), provided either Party may assign this Agreement without consent of the other Party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assigning Party’s assets not involving a direct competitor of the other Party.
The parties will act solely as independent contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Vendor and Crafter’s Online Market, and the Customer shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for the benefit of any third parties.
If any term, condition or provision of this Agreement is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
Failure by either Party to exercise or enforce any provision of or any of its rights under this Agreement shall not be deemed a waiver of future enforcement of that or any other provision or right.
TERMINATION OF CONTRACT
This Agreement may be terminated for convenience upon written notice to the other party:
- by the User, any time, by turning off the Vendor feature,
- by Crafter’s Online Market, upon a decision to remove the Vendor from Crafter’s Online Market service,
- by the Vendor, upon deleting all of their products from the Crafter’s Online Market,
- immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.
If the Vendor violates any of the terms and conditions set forth by this Agreement, Crafter’s Online Market may, in addition to turning off the Vendor feature, terminate the Vendor’s access to Crafter’s Online Market and/or Services, and/or delete the Vendor’s content, and/or terminate the Vendor’s account without refund.
If Crafter’s Online Market terminates this Agreement as a result of an uncured breach by a Vendor or User, Crafter’s Online Market may apply any remedies available to it under the applicable law. Upon application of any remedies, the Vendor or User may lose Access or suffer a loss of certain features, functions, parts or elements of Crafter’s Online Market Services.
If Crafter’s Online Market has reasonable grounds to believe that the Vendor’s or User’s use of the Crafter’s Online Market may harm any third persons, Crafter’s Online Market has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.
Upon termination of this Agreement, the Vendor must notify Customers and Crafter’s Online Market at least 30 days in advance of the date when Vendor plans to delete the products from Crafter’s Online Market.
The Vendor shall deactivate the permanently delete the Customer and product Data, as soon as reasonably practicable after the effective date of termination of this Agreement. If the Customer has specifically requested for an earlier deletion of the products, the Vendor shall fulfill such request within 1 month of its receipt of such request.
Unless otherwise expressly stated by Crafter’s Online Market any product, any content, Services, Materials or features made available in conjunction with or through Crafter’s Online Market, are provided “as is” and “as available”, without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Crafter’s Online Market disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
Unless otherwise expressly stated, Crafter’s Online Market does not warrant that Crafter’s Online Market and products, any content, Services, Materials or features made available in conjunction with or through Crafter’s Online Market, will be uninterrupted or error-free, that defects will be corrected, or that Crafter’s Online Market, any products, content, Services, Materials or features made available in conjunction with or through Crafter’s Market are of the highest quality.
Unless otherwise expressly stated, Crafter’s Online Market does not warrant or make any representations regarding the use or results of the use of Crafter’s Online Market and any products, any content, Services, Materials or features made available in conjunction with or through Crafter’s Online Market or any linked sites, in terms of correctness, accuracy, reliability or otherwise.
The Vendor agrees to defend, indemnify and hold Crafter’s Online Market, and it’s respective directors, officers, employees and agents, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of Crafter’s Online Market, any product, any content, Services, Materials or features made available in conjunction with or through Crafter’s Online Market, representations made to Crafter’s Online Market, its affiliates and/or third parties, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
Crafter’s Online Market reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which Vendor is required to indemnify Crafter’s Online Market, and Vendor agrees to cooperate with such defense of these claims.
INTELLECTUAL PROPERTY RIGHTS
Crafter’s Online Market, product and materials, Crafter’s Online Market trade names and trademarks, published by Crafter’s Online Market and any parts thereof are solely and exclusively owned and operated by Crafter’s Online Market and its third party vendors and hosting partners.
Your use of the Crafter’s Online Market Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of Crafter’s Online Markets Materials is strictly prohibited unless you have received express prior written permission from Crafter’s Online Market or the otherwise applicable rights holder. Crafter’s Online Market reserves all rights to Crafter’s Online Markets material.
Subject to this Agreement, Crafter’s Online Market grants Vendor and its Users a non-exclusive, non-transferable, non-sub-licensable renewable membership to use any part of the Crafter’s Online Market platform. You expressly acknowledge that you do not acquire any ownership rights to any material from Crafter’s Online Market. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through Crafter’s Online Market or as otherwise permitted by applicable law.