Seller Candy, LLC
Terms and Conditions

Version Date: 1 Jan 2025

At Seller Candy, LLC, 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. INTRODUCTION

1.1. Introduction. Welcome to Seller Candy, LLC! These Terms and Conditions (“Terms”), along with our Company Privacy Policy, these Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Seller Candy, LLC, including its affiliated companies, websites, applications, and/or tools (collectively, 'Company,' 'Seller Candy, LLC,' 'we,' 'us,' or 'our').

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, LLC from time to time at our sole discretion.

1.3 Disclaimer. Seller Candy, LLC 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. 1. 1. you are an authorized representative of the entity with the authority to bind the entity to these Terms; 
      2. you agree to these Terms on the entity’s behalf; and 
      3. your entity shall be legally and financially responsible for your use of the Services as well as for the use of your Seller Candy, LLC Account by others affiliated with your entity, including any employees, agents, or contractors.

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, LLC 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, LLC ACCOUNT 

2.1. Creating a Seller Candy, LLC Account. In order to access our support portal and use our Services, you will have to contact Seller Candy, LLC to create an account for you (“Seller Candy, LLC Account”). Where required, Seller Candy, LLC shall have the right to request further information and particulars from you, before a Seller Candy, LLC Account can be successfully created for you.

Please note that Seller Candy, LLC retains the sole and absolute discretion to reject, ignore or withhold the approval of any application for a Seller Candy, LLC Account, in its sole discretion. 

2.2. Information Submitted. You agree, represent, and warrant that:

1. 1. 1. all information and content that you submit to Seller Candy, LLC is true, complete, and accurate, and thereafter you shall maintain and promptly update your Seller Candy, LLC Account to keep it true, complete, and accurate at all times;
      2. you shall be responsible for maintaining the confidentiality and security of your account details and password and for restricting access to your Seller Candy, LLC Account. You agree to accept responsibility for all activities that occur under your Seller Candy, LLC Account; and
      3. your use of our Services shall not violate any applicable law,  regulation, and/or third-party arrangement by you. 

2.3. Granting Us Authority. By creating a Seller Candy, LLC Account, you hereby authorize Seller Candy, LLC 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, LLC. You further represent and warrant that:   

1. 1. 1. entry into these Terms shall not violate or be contrary to any terms entered into between you and your client;   
      2. you have obtained all the necessary consents and/or approvals for Seller Candy, LLC to perform our Services, including but not limited to accessing your clients’ accounts; and
      3. your clients’ sole and exclusive remedy shall be against you. Seller Candy, LLC shall in no manner whatsoever be privy to such disputes and/or claims.

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:

1. 1. 1. you shall use Seller Candy, LLC’s support portal in furtherance of a legitimate business purpose; 
      2. you shall not misuse or abuse the Services provided by Seller Candy, LLC to you. The information submitted by you to Seller Candy, LLC shall not include offensive comments, obscene materials, or content which is otherwise objectionable as determined by Seller Candy, LLC; 
      3. the use of our Services shall not otherwise violate any applicable law, regulation, and/or third-party arrangement entered into by you; and
      4. you have all the necessary licenses, permits, and permissions to conduct the activities that you purport to carry, as well as to use our Services.

3.2. Your Responsibility. You undertake and acknowledge that you shall be fully responsible for: 

1. 1. 1. providing true, complete, and accurate information to Seller Candy, LLC. Seller Candy, LLC shall be entitled to rely on the information and descriptions provided to Seller Candy, LLC and such information shall not constitute confidential information or information that is proprietary to you; 
      2. Ensuring that the information provided in the ticket is complete and accurate, including the correct selection of Services and clearly indicating whether the ticket is an emergency or critical request. Seller Candy, LLC shall not be responsible if the ticket is not addressed in a timely manner due to the wrong configuration of the Services. For the purpose of this provision, “ticket” shall refer to the tasks or requests for support submitted by you to Seller Candy, LLC through the Seller Candy, LLC support portal;  
      3. co-operating with us in all matters relating to the Services and providing us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is true, complete, and accurate; 
      4. providing a complete and accurate description of the outcome that you seek to achieve; 
      5. mitigating the risks of human error and operational errors that may arise in connection with the performance of the Services, including but not limited to: continuously monitoring, evaluating, maintaining, and updating the situation to ensure that prices reflected in your Amazon Seller Account are accurate and up-to-date;   
      6. forecasting and managing your business risks. As such, you acknowledge that it is your responsibility to ensure the appropriate and adequate insurance coverage is undertaken in respect of your business;  
      7. verifying, monitoring, and ensuring that the Services have been duly delivered and that the issue(s) have been correctly, suitably and accurately resolved; and 
      8. maintaining all necessary licences, permissions and consents that are required for the Services and complying with all applicable laws. 

3.3. Communication. From time to time, Seller Candy, LLC 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: 

1. 1. 1. Seller Candy, LLC shall not be responsible for any delay, increase in costs, or other consequences that may arise due to your failure in observing the obligations set out in this provision. Where appropriate, you shall reimburse Seller Candy, LLC for any costs or expenses incurred by Seller Candy, LLC due to such failure;  
      2. where applicable, you shall assign qualified and competent employees to ensure that the Services are not adversely affected or delayed. Seller Candy, LLC shall not be responsible for any lack of performance due to your failure to observe this provision;  
      3. you shall not use our Services in furtherance of any activity or service which may be obscene, violent, prohibited, illegal, or restricted in any jurisdiction or encourage behavior in respect of the same; 
      4. all timelines provided by Seller Candy, LLC to you are indicative only and failure to perform the Services by the stated timeline shall not constitute a breach of the Terms; and  
      5. Seller Candy, LLC shall not be liable for:
         1. the integrity, completeness, precision, accuracy, or updating of information or data provided by the Services which are dependent upon third parties; or
         2. information uploaded by you to the Sites in relation to the Services or third-party services, including but not limited to Amazon’s marketplace.

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, LLC shall have the full and absolute discretion to: 

1. 1. 1. restrict, suspend or terminate the Seller Candy, LLC Account;   
      2. block or restrict your access to or use of the Sites and Services; and/or
      3. request that you furnish Seller Candy, LLC with any documentation, substantiation, or releases necessary to verify your compliance with these Terms. 

3.7. Disclaimer of Liability. Seller Candy, LLC disclaims all liability for any errors, omissions, or defects arising from the performance of the Services, including but not limited to issues caused by third-party platforms, system malfunctions, or incorrect information provided by you, but not limited to:   

1. 1. 1. our compliance with any instruction given or purported to be given by you relating to a transaction performed through the Sites and/or Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission;
      2. the use of your Seller Candy, LLC Account and the Sites by third parties, whether authorized or unauthorized by you;
      3. any inaccurate, delayed or otherwise defective payment due to (or contributed by) third-party service providers;
      4. your inability to effect or complete any transaction due to system maintenance or breakdown/non-availability of the Sites or any network;
      5. any errors (including serious errors) made by Seller Candy, LLC, or our employees, agents or contractors, whatever the cause or subject of the claim for which liability is invoked; 
      6. any failure by us to perform any obligation or observe any of these Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, epidemic, pandemics, shortage of material or labour, unforeseeable delay in deliveries from sub-contractors, or any event outside our control; and
      7. any other cause beyond Seller Candy, LLC’s reasonable control.

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, LLC. Prohibited activities include, but are not limited to:

1. 1. 1. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites;
      2. attempting to impersonate another user or person or using the username of another user;
      3. engaging in any criminal or tortious activity;
      4. deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Sites;
      5. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
      6. using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or bot), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorised script or other software;
      7. harassing, annoying, intimidating or threatening any Seller Candy, LLC employee, agent or contractor engaged in providing any portion of the Services to you;
      8. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites;
      9. making any unauthorised use of the Services, including but not limited to: collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating Seller Candy, LLC Accounts by automated means or under false pretences;
      10. tricking, defrauding or misleading Seller Candy, LLC and other users, especially in any attempt to learn sensitive Seller Candy, LLC Account information such as passwords;
      11. using any information obtained from the Sites in order to harass, abuse, or harm another person;
      12. using the Sites in a manner inconsistent with any and all applicable laws and regulations; and
      13. any other activity that Seller Candy, LLC deems in our sole and absolute discretion, to be a prohibited activity.

4.2. Transactions with Third Parties. Under no circumstances will Seller Candy, LLC 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, LLC reserves the right (but does not have an obligation) to:

1. 1. 1. monitor the Sites for violations of these Terms and/or any other Seller Candy, LLC policy and guidelines as may be implemented from time to time;
      2. suspend or terminate your Seller Candy, LLC Account and refuse any and all current or future use of the Sites (or any portion thereof) if you provide any information that is untrue, inaccurate, not current or incomplete, or Seller Candy, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
      3. suspend your Seller Candy, LLC Account should you forget your password and cannot otherwise validate your Seller Candy, LLC Account; 
      4. remove, reclaim or change a username you select if we determine inappropriate in our discretion, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name;
      5. take appropriate legal action against anyone who, in Seller Candy, LLC’s sole discretion, violates these Terms, including without limitation, reporting such users to law enforcement authorities;
      6. in Seller Candy, LLC’s sole discretion and without limitation, refuse and/or restrict access to or the availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate these Terms or any Seller Candy, LLC policy and/or guidelines;
      7. in Seller Candy, LLC’s sole discretion and without limitation or notice, remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Seller Candy, LLC’s systems; and
      8. otherwise, manage the Sites in a manner designed to protect the rights and property of Seller Candy, LLC and others and to facilitate the proper functioning of the Sites.

5.2. Access. Seller Candy, LLC 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, LLC 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, LLC arising from any such loss or corruption of such data.

6. FEES AND PAYMENT

6.1. Packages. Seller Candy, LLC 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, LLC may collect a fee based on a percentage of the total recovery. For example, in respect of revenue recovery services provided by Seller Candy, LLC to you, a percentage of the total revenue recovered by Seller Candy, LLC shall be payable to Seller Candy, LLC. You hereby authorize Seller Candy, LLC 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, LLC 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, LLC 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, LLC may suspend your access to your Seller Candy, LLC 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. TERMINATION

7.1. Termination by You. 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, LLC Account may be done by following the instructions for terminating a Seller Candy, LLC Account laid out in section 7.1.1 You acknowledge that the deletion of your Seller Candy, LLC Account may result in the permanent deletion of any data that is stored on the Sites relating to your Seller Candy, LLC Account.

7.1.1 Cancellation Policy: You may request to cancel your subscription at any time by filling out this form and booking an off-boarding call to ensure a seamless process. All cancellations require submitting the necessary form and booking the necessary off-boarding call. The date the cancellation request is received will mark the start of the 30-day off-boarding period. If you initiate your cancellation request in the middle of a billing cycle you may be eligible for a pro-rated refund following your final months' renewal and upon completion of the full 30-day off-boarding period.

7.1.2 30-Day Money Back Guarantee: Seller Candy, LLC offers a 30-day money-back guarantee. In the unlikely event that you are not fully satisfied with our service, you may request a refund for the full amount of the first month of service. Refund requests must be made in writing on or prior to the 30th day from the date of sign up. Refund requests initiated on the 31st day or thereafter may not be honored. This guarantee does not apply to any charges related to the Revenue Recovery service.

7.2. Termination by Seller Candy, LLC. Without limiting any other provision of these Terms, Seller Candy, LLC 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, LLC 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, LLC Account, Seller Candy, LLC 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, LLC terminates or suspends your Seller Candy, LLCAccount 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, LLC 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, LLC Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to Seller Candy, LLC and are subject to copyright and other intellectual property rights. Seller Candy, LLC Content includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs, and graphics. All Seller Candy, LLC graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Seller Candy, LLC in the United States and/or other countries. Seller Candy, LLC 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, LLC.

8.2. Limited Licence. Seller Candy, LLC 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, LLC Content and to download or print a copy of any portion of Seller Candy, LLC Content to which you have properly gained access solely for your personal, non-commercial use. Seller Candy, LLC reserves all rights not expressly granted to you in and to the Sites, Seller Candy, LLCContent, and Marks.

9. DISCLAIMERS

9.1. As-Is Basis. The Services, Sites, and other services made available to you by Seller Candy, LLC are provided on an “as is”, “with all faults” and “as available” basis. Seller Candy, LLC 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, LLC, 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, LLC 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:  

1. 1. 1. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
      2. any interruption or cessation of transmission to or from the Sites or Services; and 
      3. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our sites by any third party.

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, LLC, 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, LLC, 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, LLC. 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, LLC, an employee or a sub-contractor. 

10.2. Maximum Aggregate Liability. Without prejudice to the foregoing, Seller Candy, LLC’s maximum aggregate liability to you in connection with our Sites and/or Services shall, as determined in Seller Candy, LLC’s discretion:  

1. 1. 1. in any event be limited to either the refund of the price paid by you or in the form of Service credits at the discretion of Seller Candy, LLC and pursuant to the service level agreement entered between you and Seller Candy, LLC; and/or 
      2. never exceed the amount paid by you to Seller Candy, LLC in the three (3) months preceding the event giving rise to liability.

11. INDEMNITY

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:

1. 1. 1. any infringement of third-party rights caused by your usage of the Services and/or Sites, including but not limited to any third-party intellectual property rights;
      2. any breach of any applicable laws, including but not limited to data protection laws; and/or
      3. any breach of these Terms caused by you, whether willful or not.

11.2. Conflict. Notwithstanding the foregoing, if Seller Candy, LLC 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, LLC different from or in addition to those available to you, then, at your cost and expense, counsel for Seller Candy, LLC shall be entitled to conduct a defense to the extent Seller Candy, LLC reasonably determines necessary to protect our own interest. If Seller Candy, LLC, in our sole discretion, determines that the counsel provided by you to defend Seller Candy, LLC is unacceptable or that a conflict of interest exists between Seller Candy, LLC and such counsel, Seller Candy, LLC may instruct you to replace the counsel. If you fail to replace counsel promptly, Seller Candy, LLC may replace the counsel and, as part of your indemnification obligation to Seller Candy, LLC, you shall be responsible for all costs and expenses that may arise in respect of the appointment of the new council.

12. MODIFICATIONS

12.1. Modifications to these Terms. Seller Candy, LLC 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, LLC’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, LLC 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, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

13. MISCELLANEOUS

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, LLC 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, LLC 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, LLC to exercise any right or remedy provided under these Terms, any Seller Candy, LLC 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.

13.4. Assignment. 

1. 1. 1. These Terms may not be assigned by you without Seller Candy, LLC’s express written consent. 
      2. Seller Candy, LLC may, in its sole discretion, assign any or all of its rights and obligations to any third party at any time, without your prior written consent. This includes, but is not limited to, the right to delegate, sub-contract, or assign the performance of all or any part of the Services and/or the operation of the Sites, without your prior written consent.

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, LLC 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, LLC as set forth below:

Name:  Seller Candy, LLC

Address:  PO Box 160

Peacham VT 05862

Contact:  support@sellercandy.com