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MEMBERS POLICY (Commerce) - ITSHERWAY

MEMBERS POLICY (Commerce) - ITSHERWAY

Published: January 2023 

Welcome to ItsHerWay!


ItsHerWay.com is a unique marketplace and networking platform for encouraging entrepreneurship in women. 
If you sell on ItsHerWay.com, you must accept all our TERMS OF USE, PRIVACY POLICY, GUIDELINES and TERMS AND CONDITIONS.

ItsHerWay reserves the right to change this policy at any time at its discretion. Any changes will be effective upon posting of the revisions on the marketplace. Upon revision, an email will be sent out by ItsHerWay to all registered email addresses and will also be announced on the website. You are responsible for reviewing any applicable changes. Your continued use of the website and ItsHerWay services following posting of any changes will constitute your acceptance of such changes. If you do not agree to any change to these terms, you must not continue to use the marketplace and/ or its services.

FAILURE TO ABIDE BY THESE TERMS MAY LEAD TO SUSPENSION/ CANCELLATION OF MEMBERSHIP. IF YOU SELL ON ITSHERWAY.COM, YOU AGREE THAT:
  1. Members create and curate Products/Services on ItsHerWay to allow Buyers and Clients to purchase their services/products. 
  2. Sellers may also offer Customizations to Buyers in addition to their Services/Products.
  3. Each order you sell and successfully complete, accredits your account with a net Payout of 90% of the purchase amount. 
  4. ItsHerWay accredits the member who has sold that product or service once an order is fully completed.
  5. If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s ItsHerWay.
  1. Payouts are only made for completed orders following a safety clearance period of 14 days after the order is marked as complete.
  2. The member's rating is calculated based on the order reviews posted by Buyers. High ratings allow members to obtain advanced support and promotional benefits. In certain cases, exceedingly low ratings may lead to the suspension of the Member’s account.
  3. For security concerns, ItsHerWay may temporarily disable an account to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple ItsHerWay accounts to a single provider.
  4. Members are responsible for paying any direct or indirect taxes, including any VAT/GST/Corporate Tax applicable at the time of payout, otherwise, which may apply to them depending on residency or location. Members represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The service/product price shown on the page is inclusive of all such taxes and charges that may apply to the Members.
  5. Appointment as Limited Payment Collection Agent: The member hereby appoints ItsHerWay as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to member. Member agrees that payment from Buyer to ItsHerWay shall be considered the same as payment made directly to Member. Buyer’s payment obligation to member will be satisfied upon receipt of payment by ItsHerWay (or its Payment Services Provider, as applicable), and ItsHerWay (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the member in the manner described in these Terms of Service. In the event that ItsHerWay (via Payment Services Provider) does not remit any such amounts to Seller, the member will have recourse only against ItsHerWay and not the Buyer directly. member agrees that ItsHerWay may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that ItsHerWay may deem necessary or prudent.
  6. ItsHerWay partners with Payment Services Providers for purposes of collecting service- related payments from Buyers, transferring such payments from Buyers to members, and holding funds in connection with Sales Balances. 
  7. All payments services in connection with the withdrawal of funds on the ItsHerWay platform are performed by ItsHerWay’s Payment Services Providers. There will be no direct payment from the service providers for any services or products purchased and managed via the platform or any representatives of ItsHerWay.com
Commerce Membership Fee Terms:
  1. The basic membership fee is paid initially to activate the member’s E-Store on ItsHerWay and allows selling via the e-commerce platform.
  2. The fee once paid is non-refundable and transferable. 
  3. The fee is a one time payment that enables the member to actively solicit clients through the marketplace for up to 12 months only. 
  4. No refunds or adjustments will be made for cancellation during the entire tenure of this collaboration.
  5. Activation fee is subject to change, to know the latest packages and offers its best to contact the member support team should you wish to get the latest information and know more about activation terms.
E-Store Set Up:

The member account setup will be handled by the team of ItsHerWay. Initially, a welcome email will be sent after the activation payment and it will include a registration form where only profiles that are complete and have all mandatory fields updated will be approved by the admin. 

Completed profiles will be reviewed and activated within 2 business days.The member terms and conditions will be found at the end of the survey and members will be required to electronically agree to them.

After having the form approved, the brand name can then be searched and you will find your page on www.itsherway.com. 

Product/Service details in full will need to be uploaded online and the store pages. An excel file will be attached in the email for the member to fill in. After filling in the excel files and sharing it with ItsHerWay, the rest of the procedure will be accomplished by the team.

All Listed products and services are required to have an appropriate product image related to the service offered. An option to upload two additional product images are available to all Sellers. Sellers must deliver the same quality of service as shown on their product images. Recurring deliveries that don’t match the quality shown on the product images may lead to the Seller’s account losing Seller status or becoming permanently disabled.

Products or Services may contain an approved product Video uploaded through the product management tools available on ItsHerWay. Statements on the product Page that undermine or circumvent these Terms of Service are prohibited.

Eligible Services/Products in select Categories may set up product Packages to offer their services in structured formats with multiple price points for the selected Way.

Listing Restrictions:

Services and Products or users may be removed by ItsHerWay from the Site for violations to these Terms of Service, which may include the following violations and/or materials:

  • Illegal or Fraudulent services or products
  • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy.
  • Adult oriented services or products of Pornographic, Inappropriate, Obscenities
  • Intentional copies of services or products
  • Spam, nonsense, or violent or deceptive services or products
  • Reselling of regulated goods
  • Services and products that extend beyond 30 days of service duration for completion or delivery.
  • Exceedingly low-quality services and products
  • Products or Services that are removed for violations mentioned above, may result in the suspension of the membership.
  • Products or Services that are removed for violations are not eligible to be restored or edited.
  • Products or Services may be removed from our Search feature due to poor performance and/or user misconduct.
  • Products or Services may include pre-approved website URLs contained within the product description and requirements box.
  • Products or Services containing websites promoting content, which violates ItsHerWay‘s Terms of Service, will be removed.
NON-PERMITTED USAGE:

Adult Services & Pornography - ItsHerWay does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on ItsHerWay should be friendly, constructive, and professional. ItsHerWay condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

PHISHING AND SPAM:

ItsHerWay takes the matter of its members’ and customers' security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.

PRIVACY & IDENTITY:

You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of ItsHerWay will not be protected by our Terms of Service.

AUTHENTIC ITSHERWAY PROFILE:

You may not create a false identity on ItsHerWay, misrepresent your identity, create a ItsHerWay profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, services, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. ItsHerWay reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

INTELLECTUAL PROPERTY CLAIMS:

ItsHerWay will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here. Fraud / Unlawful Use - You may not use ItsHerWay for any unlawful purposes or to conduct illegal activities. Targeted Abuse - We do not tolerate users who engage in targeted abuse

or harassment towards other users on ItsHerWay. This includes creating new multiple accounts to harass members through our message or ordering system.


MULTIPLE MEMBER ACCOUNTS:

To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the ItsHerWay community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to ItsHerWay’s Terms of Service is cause for permanent suspension of all accounts.


TARGETED ABUSE:

We do not tolerate users who engage in targeted abuse or harassment towards other users on ItsHerWay. This includes creating new multiple accounts to harass members through our message or ordering system.



SELLING ACCOUNTS:

You may not buy or sell ItsHerWay accounts.


PROPRIETARY RESTRICTIONS:

The Site, including its general layout, design and content, is exclusively owned by ItsHerWay and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

COMMISSIONS AND FEES:
  1. ItsHerWay charges a 10% of sale amount for every transaction made on the website depending on the product/service category, unless agreed otherwise in individual member and ItsHerWay.com
ORDER PAYOUT:

ItsHerWay.com releases payment on a monthly basis only if the payout is AED 300 and above. The payment cycle happens from the 1st of the month to the 30th of the month.

All sales made during this period will be credited to the member account by the 25th of the next month, provided there are no returns. 


For amounts under AED 300, the payment will be settled in the next month when the payment value reaches over AED 300.

ALL PAYMENTS WILL BE MADE AFTER DEDUCTIONS OF PENALTIES:

A PENALTY WILL BE CHARGED BY ITSHERWAY TO THE SELLER FOR THE FOLLOWING:

  1. Delayed delivery for any services/product orders orders which are not confirmed/fulfilled within the specified time frame, a penalty of 5% (of the order amount) will be charged for a delay of 1 day and 10% (of the order amount) on each consecutive day of the delay is 2 days or more. Unless specified by the member otherwise within the service listing itself. Dispatch period filter is available for all product uploads so members must clearly mention and activate that period in order to avoid penalties.
  2. Cancellation In case of cancellation of a prepaid order by member, the member will be charged 5% of the member payout for that month. The marketplace will on a case by case basis waive these charges if approved by the finance department of ItsHerWay FZC.
  3. In case of failure to abide by the marketplace timelines, the member will be charged 5% of the order value per day of the breach unless the order is canceled by the member in time.

CANCELLATION/DELETING OF MEMBER/VENDOR ACCOUNT:
  1. ItsHerWay holds the right to terminate vendor accounts of a member for malpractice, upon misconduct with a buyer that is proved to be the fault of the member or for the purpose of providing substandard services to the buyer.
  2. Vendor accounts can also be terminated for failure to abide by terms of use, privacy policy, guidelines, terms and conditions or for any other valid reason that ItsHerWay deems fit.
  3. Without prejudice to any other factors, the marketplace shall have the right, at any time, to terminate this relation forthwith, by giving a notice in writing to the member or by simply deactivating the member account.

EMAILS:

You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for ItsHerWay.com related communications or for ItsHerWay facilitated transactions. By accepting this agreement, you are also bound by privacy and non-disclosure. 

GENERAL TERMS:
  1. ItsHerWay reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
  2. Violation of ItsHerWay's Terms of Service may get your account disabled permanently.
  3. Users with disabled accounts will not be able to sell or buy on ItsHerWay.
  4. Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  5. Users have the option to enable account Security features to protect their account from any unauthorized usage.
  6. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  7. Members will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to ItsHerWay's approval.
  8. ItsHerWay may make changes to its Terms of Service from time to time. When these changes are made, ItsHerWay will make a new copy of the terms of service available on this page.
  9. You understand and agree that if you use ItsHerWay after the date on which the Terms of Service have

changed, ItsHerWay will treat your use as acceptance of the updated Terms of Service.

USER GENERATED CONTENT:

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to ItsHerWay by our users (Buyers and Sellers) is User Generated Content. ItsHerWay does not check user uploaded/created content for appropriateness, violations of copyright,


trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.   We provide no warranty with respect to the Products, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Products® product offers.

By offering a product, the Members undertake that he/she has sufficient permissions, rights and/ or licenses to provide, sell or resell the product that is offered on ItsHerWay. Members advertising their product online must comply with laws and terms of product of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the product and may lead to the suspension of Seller's account.

DISCLAIMER OF WARRANTIES:

Your use of the site, its content and any products or items obtained through the website is at your own risk. the site, its content and any products or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither ItsHerWay nor any person associated with ItsHerWay makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

LIMITATION ON LIABILITY:

In no event will ItsHerWay, its affiliates or their licensors, product providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any products or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

In accepting liability as the limited authorized payment collection agent of the member, ItsHerWay and its affiliates assume no liability for any acts or omissions of member.