Version Date: 1 October 2021
At Seller Candy, we hope to solve your back-end issues, improve your business and deliver the results that you’re looking for. In order to enjoy our Services, please read these Terms carefully.
1.2 Governing Terms. These Terms shall govern your access to and use of the: website(s) (including but not limited to https://sellercandy.com/) as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Sites”), and the services provided by the Sites, including but not limited to: Amazon Seller Central virtual assistance, audits, consulting, Amazon revenue recovery (reimbursement) services, customer service and book-keeping services (collectively, the “Services”). These Terms may be amended by Seller Candy from time to time at our sole discretion.
1.3 Disclaimer. Seller Candy is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by Amazon.com, Inc., its subsidiaries, and/or its affiliates.
1.4 Minors. Users under the age of eighteen (18) may NOT register for the Sites. All users who are minors in the jurisdiction in which they reside (generally under the age of eighteen (18)) are not permitted to register for the Sites or use the Services.
1.5. Your Authority. If you are accessing the Sites and/or using the Services on behalf of another entity whether as an agent or otherwise, you represent and warrant that:
1.6 Acceptance. By accessing and using the Sites, you expressly accept and agree to be bound by these Terms, which includes any amendments that Seller Candy may make to these Terms and post on the Sites from time to time. If you do not agree to abide by these Terms, do not use or access or continue to use or access the Services or the Sites.
2. YOUR SELLER CANDY ACCOUNT
2.1. Creating a Seller Candy Account. In order to access our support portal and use our Services, you will have to contact Seller Candy to create an account for you (“Seller Candy Account”). Where required, Seller Candy shall have the right to request further information and particulars from you, before a Seller Candy Account can be successfully created for you.
Please note that Seller Candy retains the sole and absolute discretion to reject, ignore or withhold the approval of any application for a Seller Candy Account, in its sole discretion.
2.2. Information Submitted. You agree, represent, and warrant that:
2.3. Granting Us Authority. By creating a Seller Candy Account, you hereby authorize Seller Candy to represent you and to act on your behalf, to the extent that such authorization is necessary to perform the Services, including but not limited to: accessing your Amazon Seller account on your behalf, contacting your customers, communicating with your vendors and liaising with Amazon.
2.4. Agents and Agencies. Where you are an agent and/or agency acting on behalf of a client, you acknowledge that a relationship is only established between you and Seller Candy. You further represent and warrant that:
3. OUR SERVICES
3.1 Use of Support Portal. When accessing and using our Services, including our support portal, you agree, represent, and warrant that:
3.2. Your Responsibility. You undertake and acknowledge that you shall be fully responsible for:
3.3. Communication. From time to time, Seller Candy may request further clarifications or require inputs from you. You undertake to respond to such requests in a timely manner and to communicate effectively and clearly.
3.4. Fair Usage Policy. Notwithstanding that certain Services allow for unlimited use of certain features, a fair usage policy shall apply to all such unlimited offerings such that exceeding what is considered fair usage may affect such Services.
3.5. Acknowledgments. You further agree and acknowledge that:
3.6. Our Rights. Without prejudice to any other rights, in the event that you violate any provisions set out in these Terms or if we have reasonable grounds to suspect the same, Seller Candy shall have the full and absolute discretion to:
3.7. Disclaimer of Liability. Seller Candy disclaims all liability in respect of any error, omission, or defect that may arise in the course of performing the Services, including but not limited to:
4. USE OF OUR SITES AND SERVICES
4.1. Prohibited Activities. You agree that you shall not misuse or interfere with the Sites and Services or try to access them using a method other than through the designated interface and the instructions that are provided on the Sites (as the case may be). The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Seller Candy. Prohibited activities include, but are not limited to:
4.2. Transactions with Third Parties. Under no circumstances will Seller Candy be liable for any goods, services, resources, or content available through third-party dealings or communications, or for any harm related thereto. You acknowledge that it is your responsibility to review carefully the policies and practices of third parties and ensure that you are comfortable with those policies and practices before engaging in any transactions with third parties. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
5. MANAGEMENT OF SITES
5.1. Our Rights. Seller Candy reserves the right (but does not have an obligation) to:
5.2. Access. Seller Candy makes no representation that the Sites and/or Services are appropriate or available in all locations and retains the sole discretion in determining whether your access to the Sites and/or the Services are appropriate or suitable for an entity located in your jurisdiction.
5.3. User Data. Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that Seller Candy shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Seller Candy arising from any such loss or corruption of such data.
6. FEES AND PAYMENT
6.1. Packages. Seller Candy generally requires you to pay a subscription fee based on your subscription package using one of the payment methods we support. The pricing plan may vary as we may update or amend the pricing plan from time to time.
6.2. Authorization. In respect of certain Support Services, you acknowledge that Seller Candy may collect a fee based on a percentage of the total recovery. For example, in respect of revenue recovery services provided by Seller Candy to you, a percentage of the total revenue recovered by Seller Candy shall be payable to Seller Candy. You hereby authorize Seller Candy to make such deductions, set-offs, and/or charges either using the payment methods authorized by you or such other methods as may be determined by Seller Candy from time to time.
6.3. Taxes. You shall be responsible for paying all other external fees and taxes associated with your use of our Services. Your responsibility includes paying any applicable withholding tax. We may also collect geographical location information to determine your location, which may be used for tax purposes.
6.4. Payment Method. You need a valid payment method that is acceptable to Seller Candy to use our Services. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
6.5. Timely Payments. In order to continue accessing our Services, you need to make timely payments based on your subscription package. If we do not receive timely payments, Seller Candy may suspend your access to your Seller Candy Account and/or suspend the Services until the payment is made.
6.6. No Deduction. All amounts payable by you under these Terms will be paid to us without set-off or counterclaim and without any deduction or withholding.
6.7. Recurring Charges. If you have ordered a Service that is subject to recurring charges, then you agree to us charging your payment method on a recurring basis, without requiring prior approval from you for each recurring charge until such time as you cancel the applicable Service.
6.8. Corrections. We reserve the right to correct any errors or mistakes in pricing that we make even if we have already requested or received payment.
6.9. Effect of Breach. A failure to pay any fees or additional fees when due is a material breach of these Terms. This section shall survive the termination of these Terms.
7.1. Termination by You. These Terms shall remain in full force and effect while you use the Sites and/or Services or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, provided that you have fulfilled all your payment and contractual obligations, where applicable. Terminating your Seller Candy Account may be done by following the instructions for terminating Seller Candy Accounts in your account settings, if available, or by contacting us using the contact information below. You acknowledge that the deletion of your Seller Candy Account may result in the permanent deletion of any data that is stored on the Sites relating to your Seller Candy Account.
7.2. Termination by Seller Candy. Without limiting any other provision of these Terms, Seller Candy reserves the right to, in our sole discretion and without notice or liability, deny your access to and use of the Sites and the Services, to any person for any reason or no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation. Seller Candy may terminate your use of or participation in the Sites and the Services, delete your profile and any content or information that you have posted at any time, without warning, at our sole discretion. In addition to terminating or suspending your Seller Candy Account, Seller Candy reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
7.3. Restrictions on Account Creation. If Seller Candy terminates or suspends your Seller Candy Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
7.4. Blocking IP Addresses. In order to protect the integrity of the Sites and Services, Seller Candy reserves the right at any time in our sole discretion to block certain IP addresses from accessing the Sites and Services.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Intellectual Property Rights. The content on the Sites (“Seller Candy Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to Seller Candy and are subject to copyright and other intellectual property rights. Seller Candy Content includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs, and graphics. All Seller Candy graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Seller Candy in the United States and/or other countries. Seller Candy trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any Service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Seller Candy.
8.2. Limited Licence. Seller Candy Content on the Sites is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and Seller Candy Content and to download or print a copy of any portion of Seller Candy Content to which you have properly gained access solely for your personal, non-commercial use. Seller Candy reserves all rights not expressly granted to you in and to the Sites, Seller Candy Content, and Marks.
9.1. As-Is Basis. The Services, Sites, and other services made available to you by Seller Candy are provided on an “as is”, “with all faults” and “as available” basis. Seller Candy makes no representations or warranties of any kind, express or implied, as to the operation of the Services, the effectiveness of the Services (whether in full or in part) for any reason whatsoever, or the information, content, or other services made available to you through the Sites. You expressly agree that the use of the Sites and Services, including content within the Sites and Services, is at your own risk and we do not represent, promise or warrant that the Services will be uninterrupted, timely, secure, or error-free.
9.2. Disclaimer of Warranties. To the fullest extent permissible by law, Seller Candy, along with our subsidiaries, affiliates, our officers, directors, employees, contractors, partners, and agents disclaims all warranties, express or implied, including but not limited to: implied warranties of merchantability and fitness for a particular purpose and satisfactory quality. Seller Candy does not warrant that the Services, information, content, or other services included on or otherwise made available to you through the Services or Sites are free of viruses or other harmful components.
9.3. Inherent Risks. You understand and agree that no data transmission over the internet or information storage technology can be guaranteed to be secure, and we expressly disclaim any warranties, express or implied, to that effect. This includes but is not limited to:
9.4. Third Parties. The Sites may contain links to other websites (“Third-Party Websites”) as well as content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we shall not be responsible for any Third-Party Website or Third-Party Content accessed through the Sites.
10. LIMITATION OF LIABILITY
10.1. Disclaimer of Liability. To the fullest extent permissible by law, Seller Candy, along with our subsidiaries, our affiliates, our officers, directors, employees, contractors, partners, and agents shall not be liable for any damages of any kind arising from the use of our Sites, any Services or from any information, content or other services made available to you through Seller Candy, including but not limited to: direct, indirect, consequential, exemplary, incidental, special or punitive, loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising from or in connection with your access to the Sites or the delivery of the Services by Seller Candy. This includes, but is not limited to: loss of expected profits, a drop in turnover, increased operational costs, or loss of customers, which the customer or third parties claim to have suffered as the result of any error or negligence on the part of Seller Candy, an employee or a sub-contractor.
10.2. Maximum Aggregate Liability. Without prejudice to the foregoing, Seller Candy’s maximum aggregate liability to you in connection with our Sites and/or Services shall, as determined in Seller Candy’s discretion:
11.1. Indemnity. By using the Sites and the Services, you irrevocably and unconditionally agree and undertake that you shall indemnify us, our affiliates and our officers, directors, employees, and agents against any liabilities, costs, expenses, damages, and losses (including but not limited to: any direct, indirect, consequential loss, loss of profits, reputation, interest, legal and other professional costs and expenses) suffered by us due to:
11.2. Conflict. Notwithstanding the foregoing, if Seller Candy reasonably determines that there may be a conflict between our position and yours in connection with the defense of a claim or that there may be legal defenses available to Seller Candy different from or in addition to those available to you, then, at your cost and expense, counsel for Seller Candy shall be entitled to conduct a defense to the extent Seller Candy reasonably determines necessary to protect our own interest. If Seller Candy, in our sole discretion, determines that the counsel provided by you to defend Seller Candy is unacceptable or that a conflict of interest exists between Seller Candy and such counsel, Seller Candy may instruct you to replace the counsel. If you fail to replace counsel promptly, Seller Candy may replace the counsel and, as part of your indemnification obligation to Seller Candy, you shall be responsible for all costs and expenses that may arise in respect of the appointment of the new council.
12.1. Modifications to these Terms. Seller Candy may modify these Terms from time to time. Any and all changes to these Terms will be posted on the Sites and/or communicated to users in accordance with Seller Candy’s policies on notices. You agree to be bound to any changes to these Terms when you use the Site and/or Services after any such modification becomes effective.
12.2. Modification to the Services. Seller Candy reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Seller Candy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
13.1. Corrections. Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, availability, and various other information provided in respect of the Services. Seller Candy reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
13.2. Notices. Except as explicitly stated otherwise, any notices given to Seller Candy shall be given using the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
13.3. Waiver. No failure or delay by Seller Candy to exercise any right or remedy provided under these Terms, any Seller Candy policy or guideline, or by law, shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13.5. Partial Invalidity. If at any time, any provision of these Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
13.6. Relationship. There is no joint venture, partnership, employment, or agency relationship created between you and Seller Candy as a result of these Terms or use of the Sites and Services.
13.7. Governing Law. These Terms and any disputes arising in connection with these Terms shall be governed by the laws of Singapore.
13.8. Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this provision. The seat of the arbitration shall be Singapore. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
14. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact Seller Candy as set forth below:
Name: CavTech Limited
Address: Room 9, 4th Floor, Beverley Commercial Centre
7-105 Chatham Road South, Tsim Sha Tsui