In order to list your venue or venues (each a "Venue") to offer, accept reservation and sell items in The Marketplace on Yunbanbao.com (the “Site”), you must agree to be bound by all terms and conditions of this YBB Listing and Seller Agreement (Marketplace listing and seller agreement).
The Site is operated by YBB Technology, Inc. (“YBB”), which reserves the right to make changes to this marketplace listing and seller agreement at any time. Changes to this marketplace listing and seller agreement are effective when the changes are posted to the Site. Continuing to list offer, accept reservation and sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace.
ACCOUNT SET-UP
You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of listing or selling on the marketplace. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. YBB is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
OFFER AND RESERVATION
You are responsible for defining the terms of any Offers and supplying any content necessary to describe the Offer. YBB is under no obligation to accept or promote an Offer that you have submitted and YBB may withdraw an Offer at any time at its sole discretion. The terms of any Offers provided by you are between you and each User.
When a User requests for an Offer or Reservation, you must respond on the Site in a timely manner. When a User wishes to redeem an Offer or Reservation you must honor the Offer and comply with the terms of the Offer without imposing any additional restrictions or charges on the User.
You represent and warrant that your Listing reflects goods and services that you are able and willing to offer to Users at the Venue(s), and that you shall at all times be responsible for offering and selling the goods and services featured on your Listing including, without limitation, the Offers, fulfilment of the Offers and customer service.
You shall pay to YBB the fees listed on the Contract Form. YBB shall invoice for the Fees on a monthly basis, and all invoices shall be payable on 30 days payment terms.
You agree to display all promotional materials provided by YBB in relation to the Service at the Venue(s) in a position which is no less prominent than any other promotional materials relating to another payment solution which are on display at the Venue(s).
Termination
These Terms will remain in effect until terminated by you by not less than thirty (30) days’ notice in writing to YBB.
Velocity Mobile may, in its sole discretion, suspend or terminate your account and/or discontinue your participation as a YBB Partner and your Listing and Offers on the Service at any time. All decisions made by YBB in this matter will be final and you agree that YBB shall have no liability to you or anyone else with respect to such decisions. No Venue shall have any vested right or enforceable interest to participate in the Service.
SELLING
THE MARKETPLACE
YBB provides an online service that allows third party sellers to sell their products to the Site users (customers or buyers). YBB does not act as the agent for either the Site users (buyers or customers) or sellers. Our service provides a platform for these transactions to take place.
ELIGIBILITY REQUIREMENTS
Listing items for sale in the YBB Marketplace is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account info and Federal Tax ID for payment and agree to accept YBB Coin (云币) which is a virtual money used by the Site users (buyers or customers) to "purchase" listed items for sale. YBB Coins are obtained either by purchase one coin for one USD on yunbanbao.com.
We request bank account information primarily for identity and security reasons. By providing a bank account you are also authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.
PROCESSING FEE
For each Sale, YBB will charge Seller an amount equal to six percent (6%) of the amount received by YBB from the Sale. "Sale" includes any items sale, or services through the YBB Marketplace using YBB coin, including any Follow-on Sales. Such amounts include taxes and any separately stated fees or charges. Payment to seller is due only for Sales for which YBB has received final payment from or on behalf of an end user (buyers or customers). If an item is sold to an end user (buyers or customers) using a credit card, final payment will be deemed to have occurred when the applicable credit card company or bank has fully settled the payment for the applicable purchase. For purposes of clarity, in the event YBB refunds the applicable Sale amount (or a portion thereof) to an end user (buyers or customers), you agree and acknowledge that you will not receive and will have no right to receive a payment on that portion of the Sale amount that was refunded.
DELIVERY EXPECTATIONS
You must agree to provide YBB customer (site user or buyers) your product or service delivery date, time, and location on the Yunbanbao.com. Failure to provide delivery service may cause your transaction and any associated payment to be canceled at our sole discretion. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the YBB customer (site user or buyer) and you waive your ability to win any disputes if the customer (site user or buyer) says the order did not arrive on time or non-fulfillment of order.
SELLER RESTRICTIONS
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of YBB. YBB reserves the right to refuse service to anyone at any time for any reason.
YBB determines which products to offer for sale on the Site. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users (customers or buyers) of the marketplace.
Sellers are required to sell items at the price they listed to customers (site users or buyers) that meet the seller’s terms. By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are required to delivery an order by the provided delivery date and failure to delivery by the provided date may be grounds for termination of your Account.
PAYMENTS
Subject to the terms of this Agreement, approximately five (3) business days after the applicable Sale (delivery) is made, YBB will credit the net proceeds from the sale to your account. Keep in mind that refunds to customers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales of each week. To receive funds, you agree to provide YBB with information on a valid bank account in your name, and YBB will make payments to that account via check.
YBB is entitled to accrue and withhold payments, without interest, until the total amount due to you (with tax withholding, as further described below) is at least $500.00. If YBB release payment to seller on a Sale and later issues a refund or credit to the end user for such Sale (or receives a chargeback related to the Sale), YBB may offset the amount of the Payment that YBB previously paid you against future Payment or other amounts that would otherwise be payable to you under this Agreement, or require you to remit that amount to YBB. YBB may also withhold and offset sums you owe to YBB against amounts that are payable to you.
You agree that any fees charged by your bank are solely your responsibility. When this Agreement terminates, YBB may withhold all Payment due for a period of sixty (60) days from the date they would otherwise be payable, in order to ensure YBB's ability to offset any end user refunds or make any other offsets to which YBB is entitled.
TAXES
Except as described in this Agreement, Seller is responsible for collecting and remitting any taxes imposed on sales of Yunbanbao.com to Site users (customers or buyers). You are responsible for any income or other taxes due and payable resulting from YBB's payments to you. Accordingly, unless otherwise stated, the amounts due to you hereunder are exclusive of any taxes that may apply to such payments. YBB maintains the right to deduct or withhold any applicable taxes payable by you from amounts due from YBB and the amounts due, as reduced by such deductions or withholdings, will constitute full payment to you.
RETURN POLICY
For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the YBB Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to customers (Site users or buyers) in connection with YBB marketplace purchases, using functionality we enable for your account, and will route all such payments through Yunbanbao.com. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by YBB to seller under this marketplace agreement or seek reimbursement from seller via any of the means authorized under this marketplace agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable YBB Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.
TERMINATION
The seller can terminate participation in our marketplace at any time by written notice to YBB. YBB reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to user. YBB reserves the right to monitor user accounts to determine if policies or laws are being broken. YBB reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay YBB any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.
YBB reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by YBB to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller's account for a prospective three-month period. At the end of such three-month period following termination, YBB will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
REQUIRED COMMUNICATION
YBB requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging APP (YBB WeChat Group) within 48hrs if possible. You are also required to notify YBB when you change the status of an order. Changes in status could include but are not limited to: canceling an order or Offer or Reservation, refunding an order or alerting a customer (site user or buyer) about a missing item from their order. Do not contact customers (site users or buyers) directly unless replying to a question, alerting them of an order status update, or responding to a complaint.
WARRANTY
The YBB marketplace is provided as is and without warranty. YBB makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. YBB will not be liable for any loss due to our marketplace not being available. YBB will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
YBB may refuse service to anyone for any reason. YBB may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer (Site user or buyer) and our bank account being debited to pay out credits to a seller. YBB will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a payment transaction through our marketplace, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. YBB reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a customer's credit card issuer for the amount of the customer's purchase from the seller. YBB may obtain reimbursement of any amounts owed by the seller to YBB by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller's credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless YBB and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
YBB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
DISPUTES
Because YBB is not directly involved with transactions between buyers (Site users or Customers) and sellers, you agree to release YBB from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers (Site users or customers) and sellers are expected to deal with each other to come to a resolution. At times, YBB Customer Service may step in to mediate disputes between Buyers (Site users or customers) and Sellers on our platform. During mediation, YBB Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.
JURISDICTION
Any claim against YBB in relation to our marketplace shall be adjudicated in a court in New Jersey and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by New Jersey law, without regard to conflict of laws principles thereof.
CONTENT AGREEMENT
By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
SEVERABILITY
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by YBB does not constitute a waiver of YBB’s right to enforce such section or any other section in the future.
