SELLER POLICY (SERVICES) - ITSHERWAY
Published: December 2021
Welcome to ItsHerWay!
ItsHerWay.com is a unique marketplace. Buyers come here to purchase services that they might not find anywhere else. Everything listed for sale on ItsHerWay.com is exclusive, handmade, curated or inspired by a personal design.
Sellers (you) who want to register on ItsHerWay.com (or marketplace or website or we or us or our), and use our services to sell services must accept these Seller Terms and Conditions (or terms).
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-Sellers create Services on ItsHerWay to allow Buyers to purchase their services.
2-Sellers may also offer Customizations to Buyers in addition to their Services.
3-Each order you sell and successfully complete, accredits your account with a net Payout of 85% of the purchase amount.
4-ItsHerWay accredits Sellers once an order is completed.
5-If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s ItsHerWay balance.
6-Payouts are only made for completed orders following a safety clearance period of 14 days after the order is marked as complete.
7-Sellers may not promote their Services or any ItsHerWay content via the AdWords platform.
8-The Seller's rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
9-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.
10-Sellers are responsible for paying any direct or indirect taxes, including any VAT/GST applicable at the time of payout, otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The service price shown on the page is inclusive of all such taxes and charges that may apply to the Sellers.
11-Appointment as Limited Payment Collection Agent: Seller 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 Seller. Seller agrees that payment from Buyer to ItsHerWay shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller 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 Seller 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 Seller will have recourse only against ItsHerWay and not the Buyer directly. Seller 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.
12-ItsHerWay partners with Payment Services Providers for purposes of collecting service- related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the ItsHerWay platform are performed by ItsHerWay’s Payment Services Providers.
VENDORR-SHIP/ MERCHANT CONTRACT
All seller Vendor-ship contracts and proposals are governed by this seller policy and terms for selling online.
BASIC ACTIVATION FEE:
1-The basic activation fee is paid initially to activate the seller’s account on ItsHerWay and allows the selling procedure to commence.
2-The fee once paid is non-refundable and transferable only when seller upgrades to a package. The basic activation fee will then be deducted from the original amount of the chosen package.
3-The fee is a one time payment, that enables the seller to actively solicit clients through the marketplace for up to 12 months, after the said period a review of the business will be done and based on which the next steps and continuation of the seller’s account and listing will be decided and agreed upon.
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 seller support team should you wish to get the latest information and know more about activation terms.
VALUE ADDED SERVICES PACKAGES FEES:
1-The marketplace has put into effect an annual membership/renewal fee for all brands.
2-The package fee once paid is non-refundable and non-transferable under any circumstances.
3-No refunds or adjustments will be made for cancellation or early termination of membership.
4-Membership fees are subject to change, to know the latest packages and offers its best to contact the seller support team should you wish to get the latest information and know more about membership terms.
5-If seller wishes to customize a package with specific services, that can be arranged through contacting the seller support team.
SELLER ACCOUNT SETUP:
The seller 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 seller terms and conditions will be found at the end of the survey and sellers 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. Service details in full will need to be uploaded online and the store pages. An excel file will be attached in the email as for the seller 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.
MARKETING ACTIVITIES HOSTED BY ITSHERWAY:
1-Only ItsHerWay registered sellers will be allowed to take part in the events.
2-If you are not a seller, you must sign up to be eligible to display with us at the event.
3-Sellers will be notified of all upcoming events well in advance.
4-Sellers need to make sure that their brand page on ItsHerWay.com is up to date before participating in an event. This should be complete with service information and specifications.
5-It is mandatory that the sellers provide the marketplace with only those services that have been updated on the website. Services will NOT be accepted for event participation if they are not available online.
6-SKU code and price needs to be mentioned on the service.
7-Pick-up and drop-off of any accompanying products must be done by the sellers during the events. ItsHerWay team will not be responsible for coordinating deliveries. You may take advantage of our nominally priced last mile partner services for drop-off and pick-up should it be difficult to do it in person.
8-In case of loss or damage to products at events, ItsHerWay will not be liable to anything beyond the minimum value/ actual cost of the products.
9-Sellers are welcome to attend pop-ups to care for their products and help with sales. However, it is the responsibility of the seller to gain entry into an event or exhibition. ItsHerWay does not offer entry tickets or passes to sellers. It should be noted that some events restrict the number of vendors at a pop-up. In such cases, seller’s presence at the popup will not be possible.
10-Fulfillment of orders placed at all events (online or offline) and delivered later must be done via our official shipping partner. Seller managed own shipping or hand delivery is not permitted.
11-Seller payment will be as per the charges reflected at the backend. Unless this is an online order and the seller decides to use ’seller owned shipping’ as an option.
12-Presence in online pop-ups or digital events is subject to confirmation from us.
13-All transactions for digital events can only happen through ItsHerWay website. The usual shipping and handling charges and commissions will apply for these.
1-Each seller is entitled to listing 15 different services. 2-Services created on ItsHerWay are User Generated Content.
3-Services and 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:
3.1-Illegal or Fraudulent services
3.2- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy.
3.3-Adult oriented services, Pornographic, Inappropriate/Obscenities
3.4- Intentional copies of Services
3.5-Spam, nonsense, or violent or deceptive Services
3.6-Services misleading to Buyers or others
3.7-Reselling of regulated goods
3.8-Offering to prepare academic works on behalf of Buyers
3.9-Services that extend beyond 30 days of service duration
3.10-Exceedingly low-quality Services
3.11-Promoting ItsHerWay and/or ItsHerWay Services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
4-Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
5-Services that are removed for violations are not eligible to be restored or edited.
6-Services may be removed from our Search feature due to poor performance and/or user misconduct.
7-Services may include pre-approved website URLs contained within the product description and requirements box. Services containing websites promoting content, which violates ItsHerWay‘s Terms of Service, will be removed.
8-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.
9-Services may contain an approved product Video uploaded through the product management tools available on ItsHerWay.
10-Statements on the product Page that undermine or circumvent these Terms of Service is prohibited.
11-Eligible Services in select Categories may set up product Packages to offer their services in structured formats with multiple price points for the selected Way.
1-Service Extras are additional services offered on top of the Seller’s product for an additional price defined by the Seller.
2-Way Extras may be removed for violations of our Terms of Service. For specific terms, please see the Services section above for a list of services that violate our Terms of Service.
3-Services are subject to be removed due to violations found in product Extras.
4-Services offered through product Extras must be related to the base service and part of the deliverables on the order.
5-Sellers have the option to extend the duration of an order for each product Extra that is added to the order. This is to cover the time needed to complete the extra service.
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 its members’ 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.
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.
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.
You may not buy or sell ItsHerWay accounts.
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 category, unless agreed otherwise in individual contract. (Certain seller percentage are subject to change based on mutually agreed commission)
2- There is also 5% Finance fee + shipping fee (for any physical deliverable products) + AED 2 closing fee with VAT are charged to the seller.
ItsHerWay.com releases payment on a monthly basis only if the payout is AED 100 and above. The payment cycle happens from the 15th of the month to the 15th of the next month.
All sales made during this period will be credited to the seller account by the 25th of the same month, provided there are no returns. For amounts under AED 100, the payment will be settled in the next month when the payment value reaches over AED 100.
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/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 dayif the delay is 2 days or more. Unless specified by the seller otherwise within the service listing itself. Dispatch period filter is available for all product uploads so sellers must clearly mention and activate that period in order to avoid penalties.
2-Cancellation In case of cancellation of a prepaid order by seller, the seller will be charged 5% of the seller 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-SLA Breach In case of failure to abide by the marketplace timelines, the seller will be charged 5% of the order value per day of the breach unless the order is cancelled by the seller in time.
CANCELLATION/DELETING OF VENDOR ACCOUNT:
1-ItsHerWay holds the right to terminate vendor accounts of a seller for malpractice, upon misconduct with a buyer that is proved to be the fault of the seller or for the purpose of providing substandard services to the buyer.
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 seller or by simply deactivating the seller account.
1-Feedback reviews provided by Buyers while completing an order are an essential part of ItsHerWay's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regard to the service provided by the Seller.
2-Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
3-To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the ItsHerWay platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the ItsHerWay platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
4-Feedback comments given by Buyers are publicly displayed on a Seller’s product page. Responding and posting a review: Once work is delivered; the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.
5-Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No
new reviews may be added to an order after 10 days.
6-Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
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.
You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any ItsHerWay member to your email or physical mailing list or store or misuse any payment information.
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-Sellers 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 Seller undertakes that he/she has sufficient permissions, rights and/ or licenses to provide, sell or resell the product that is offered on ItsHerWay. Sellers 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 seller, ItsHerWay and its affiliates assume no liability for any acts or omissions of seller.
In accepting liability as the limited authorized payment collection agent of seller, ItsHerWay and its affiliates assume no liability for any acts or omissions of seller.