Reachu Terms and Conditions of Use
Please carefully review these Terms and Conditions of Use (“Terms”, “Agreement”) before registering for or using the platform, reachu.io, infrastructure and services offered by ASGM Solutions AS. The Agreement sets out the legally binding terms and conditions for your use of the platform, reachu.io, including any subdomains thereof, infrastructure and services (hereinafter collectively referred to as the “Reachu Solution” or “Solution”) offered by ASGM Solutions AS. By using, accessing, or registering for the Reachu Solution you agree to comply with and accept these Terms.
When these Terms mention “we,” “us,” and “Reachu” it refers to ASGM Solutions AS, the sole owner of the Reachu Solution. ASGM Solutions AS is a limited liability company registered in Norway under the company registration number: 931 094 068 and address: Elgfaret 28, 2016, Frogner, Norway. This agreement is between you and ASGM Solutions AS. By agreeing to these Terms, you confirm that you have the authority to agree on your behalf or on behalf of the company you represent as set forth in section 3 of this Agreement.
The following definitions are used in this Agreement:
“Customer” refers to a person or company using the Reachu Services as the receiving party of the product or service in transactions provided through the Reachu Solution.
“Channel” means any person or company with access to online distribution channels, such as but not limited to mediums, surfaces, applications, games, web shops and social platforms that can be used for the selling of products and services or otherwise utilise said data.
“Supplier” means a person or company listing products or services data to the Reachu Solution, where said data can be used to sell products and services or otherwise have Channels work with the data.
“User” includes both Suppliers and Channels, it refers to any person, Customer or entity with an Reachu Solution Account or any person, Customer or entity that is using the Reachu Solution.
For information about our collection and use of personal information in connection with your access to and use of the Reachu Solution, please see our Privacy Policy.
Solution Users alone are responsible for identifying, understanding, and complying to local laws and regulations, such as, but not limited to taxes, advertising and consumer protection regulations. Reachu allows for user generated content in the form of User Profiles and Listings, thus Reachu cannot guarantee the accuracy and applicability of this content. Whenever purchasing products and services from Suppliers utilizing the Reachu Solution, the sales contract is with the Channel and the Supplier. Reachu is at no point liable for the delivery of any kind of goods.
This Agreement is always available on the Reachu webpage.
Table of Content:
1. The Scope of the Reachu Solution
2. Changes and Modifications to the Agreement
3. Representation
4. Security - Loss of Account Information
5. Term and Termination
6. Copyrights & Trademark
7. Payments, Referral Fee, & Service Fee
8. Shipping, Returns, Customs and Cancellations
Supplier Specific
S.1 The Customer Relationship
S.2 Receiving Orders and Order Fulfillment
9. Content & Information About Listed Product and Services (Listings)
10. Prohibited Content, Items, Products and Services
11. Taxes
12. Interactions on the Reachu Solution
13. Suggestions and Feedback
14. Third Party Service Providers & Plug-Ins
15. Indemnification
16. Disclaimer
17. Limitation of Liability
18. Governing Law and Jurisdiction
19. Severability
20. Contact
1. The Scope of the Reachu Solution
1.1 The Reachu Solution enables Suppliers to make their products and services data (“Listings”) available for third party channels such as online mediums, platforms, applications and web pages in order to format and work with said data and potentially make the Listing available for sale. The technical solution or functionality used to provide this service may differ amongst the various channels.
1.2 Reachu does not own, create, provide, control, manage, offer, deliver, or supply any of the products and/or services listed on and through our Solution. Users alone are responsible for their activities, Listings, posts, and engagements. When Users of the Reachu Solution engage with one another to access and/or distribute products and services data, they are entering into contract directly with each other. Reachu is not acting as an agent or representative on behalf of any of the Users utilizing our Solution. Reachu is not liable for delivery of any kind of goods or services as a result of the transactional contracts made between Users, except as it pertains to payments and information.
1.3 Reachu may contain direct links to third party platforms, services, websites and resources, as well as plug-ins to third party platforms, services, websites and resources. Such Third-Parties may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Parties, or the content, products or services available through and from them. Links and plug-ins to such Third-Parties are not an endorsement by Reachu of said Third-Party.
1.4 While we strive to offer the best possible experience and service, we do not guarantee or control (i) the quality, safety, suitability, existence and legality of user created content and Listings on the Reachu Solution; or (ii) the performance, conduct, content and delivery of any User or Third-Party. Users are solely liable for how they act and present themselves through the Reachu Solution. We do not endorse any of the products, services and content listed on, or facilitated by the Reachu Solution. We do not take any responsibility and liability for any of the content and Listings Users convey through the Reachu Solution to Third-Party Services and their conduct on such Third-Party Services.
1.5 Due to the characteristics and structures of the internet, Reachu cannot guarantee uninterrupted and constant access and availability to the Reachu Solution. The Reachu Solution will be unavailable at times for reasons such as, but not limited to, maintenance, updates, errors and failures. Reachu is not liable for any losses of transactions in that time span. We will have no liability of any sort arising from any interruptions or errors in our site. Reachu and its officers, directors and employees shall not be held liable in any case for any direct, indirect, special, exemplary, consequential or incidental damages.
1.6 We reserve the right to at any time cease providing any or all of the services at our sole discretion and without notice.
2. Changes and Modifications to the Agreement
We reserve the right to change and modify the Agreement at any time at our discretion. In case of changes or modifications we will notify you through your Reachu user account or the email(s) provided in your account. Your continued use of, and access to our Solution will confirm your acceptance of the revised Terms. We encourage you to frequently review this Agreement to ensure you understand the terms and conditions that apply to your use of the Reachu Solution.
3. Representation
3.1 In order to access, use and register for the Reachu Solution you must be an individual at least 16 years old, or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts. By using and accessing our Solution you confirm that your status and/or age is compliant with the above-mentioned Terms and you confirm that you have all necessary power, right and authority to enter into this Agreement and perform your responsibilities and grant the rights and authorizations you grant through this Agreement.
3.2 You represent and warrant to Reachu that: (i) If you are a business, you are appropriately organized, existing and in good standing under the laws of the territory in which your business is registered; (ii) Any information provided by you or your affiliates to Reachu is correct and complete, and you will update such information as necessary to ensure it at all times remains correct and complete; and (iii) You are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the European Union or its member states, the United States Government, or other applicable government authority.
3.3 In the case that you are less than 16 years of age you confirm that you are an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into this Agreement and perform your responsibilities and grant the rights and authorizations you grant through this Agreement.
3.4 This Agreement does not provide you with exclusivity, nor does it provide you with the authority to make any offers or representations on our behalf. You will not act in a manner that should signal otherwise. As between you and Reachu, you will be solely responsible for all obligations associated with the use of any Third-Party service, platform or feature that you permit us to use on your behalf, including, but not limited to compliance with any applicable terms and conditions of use and privacy policy.
4. Security - Loss of Account Information
You are solely responsible for maintaining the confidentiality of your username and password. Thus, you are responsible for any and all activities that are conducted through your account. We shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify us immediately of any unauthorized use of your account. We reserve the right at any time to change, modify or amend your username and password.
5. Term and Termination
The term of this agreement will start on the date of your completed registration and acceptance of this contract. It will continue until terminated by us or you as provided below. We may terminate or suspend this agreement or any service immediately without notice to you for any reason at any time. You may terminate this agreement or any service for any reason at any time by deleting your account at www.reachu.io. To delete your account please login to your Reachu account and visit account settings, general and delete profile.
6. Copyrights & Trademark
6.1 Nothing in this Agreement constitutes a partnership, joint venture, franchise, agency, sales representative or employment relationship between you and Reachu. The “Reachu” name and logo belongs to ASGM Solutions AS, this agreement does not provide you with the rights to use our logo and name. Except for the limited right to use as expressly permitted under this Agreement, no other rights of any kind are granted hereunder, by implication or otherwise. This applies to all marketing, branding, sales material, media, packaging, digital media and broadcasting.
6.2 You are allowed to promote your Reachu Profile and Content. When engaging in such activities you agree to ensure that your ads and marketing materials, or publications does not display any Reachu graphic symbols, logos, or icons, in a manner that would imply Reachus´s affiliation with or endorsement, sponsorship, or support of your or a Third-Party’s product or service.
6.3 You will not interfere with Reachus´s rights to the trademark, including challenging Reachu’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm or misuse any Reachu trademark. You may not use or register, in whole or in part “Reachu”, or any other Reachu trademark, including Reachu-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name. You may not use an identical or nearly identical Reachu trademark as a second level domain name.
6.4 All product names, trademarks and registered trademarks are property of their respective owners. All company, product, and service names used on the Reachu Solution are for identification purposes only. Use of these names, trademarks, and brands does not imply our endorsement.
6.5 Users own all content listed on and uploaded to the Reachu Solution. Reachu does not claim ownership of content and Listings, all copyrights and rights to use are the User's sole responsibility.
6.6 By signing up for Reachu you agree that we can use your company name, product information and logo in our marketing materials, web page and case studies.
7. Payments & Fee´s
7.1 Reachu allows for payment processing services to be provided by third-party vendors according to the choice of the User. The terms and conditions and privacy practices of these vendors might be different from ours. Through purchasing goods and/or services through third party vendors you agree to their terms and conditions and privacy policies. Please review their terms and conditions and privacy policies carefully.
7.2 By registering for payment processing, signing up for a subscription or using the Reachu Solution you allow us to share your information with our Payment Provider (Stripe Payments Europe, Limited). We need to share your information with our payment provider in order to handle payments and transactions. You agree to provide Reachu accurate and complete information about you and/or your business, and you authorize Reachu to share this information and transaction information related to your use of the payment processing services.
7.3 By entering your credit card information you allow us to subtract the amount from a transaction from your card. This ensures we can distribute the proceeds from a transaction accordingly. It is a requirement to have a valid credit card on file in order to be able to sell any kind of products and services facilitated through the Reachu Solution.
7.4 Reachu enables Channels to receive a proportion of the value of a sale they facilitate through their direct distribution channels and mediums, such as, but not limited to their webpage, online shop, marketplace, application, game and social media accounts. The Commission (“Sales Commission” or “ Commission”) is calculated as a percentage of the total value of the product or service involved in the transaction. The Suppliers sets the applicable Commission for all products and services it uploads and enables for sale through Reachu; thus, the Commission may differ amongst products, services, and Users. Reachu never intervenes with the Commission set by a Supplier. It is your responsibility to ensure you are familiar with the Commission. The Commission is automatically subtracted from the transaction total and paid out to you. VAT is included in the Sales Commission where applicable. This will be stated on your billing statement.
7.5 Reachu does not cover fees levied by payment providers and gateways such as Klarna, Visa and Mastercard. All such fees are to be covered by the Supplier and Channel. We will deduct any payment provider and payment related fees directly from the payout resulting from a sales transaction. In the event that you choose to use an additional payment provider through our Third-Party plug-ins their fee structure will apply and can be charged in addition to our Transaction Fee. These fees may vary depending on your account, subscription or plan with said Third-Party. Third-Party payment providers might have different Privacy Policies and Terms and Conditions than us.
7.6 The payment from all transactions facilitated through the Reachu Solution is paid out at most 30 days in arrears. This is given that the product(s) in question has not been returned or canceled and is confirmed delivered by the Supplier.
7.7 In some instances Reachu will invoice Channels for the amount of products sold less any sales commissions. In order to pay our Suppliers their respective piece of the transaction. Invoices will be sent every 14 days and you agree to pay Reachu within 7 days of receiving the invoice.
7.8 When signing up for Reachu you can select a subscription that fits your needs. The price for said subscription is available when signing up and will be deducted on a monthly basis from the credit card you have provided. You can always cancel, upgrade or downgrade your subscription. If you purchased an annual subscription the current cycle will have to complete until you can cancel or downgrade your subscription. We reserve the right to at any time change our pricing model and will provide 30 days notification prior. In such an event you have the option to cancel your subscription.
8. Shipping, Returns, Customs and Cancellations
8.1 Reachu does not take part in any shipping, complaints, recalls, and reclamations of products and services. It is the User's responsibility to ensure products and services sold comply with local consumer protection laws and regulation. Shipping, reclamations and the likes should be arranged between Users of the Reachu Solution and the Customer. Reachu has no responsibility for these arrangements between third parties. All contact regarding the aforementioned points should occur directly between the seller and buyer of said product or service.
8.2 If you are a Supplier you are the seller of the products and services, your responsibilities include handling, shipping, returns, cancellations, reclamations, nonconformities, recalls, delivery errors, refunds, complaints, customer support and other potential issues and processes dealing with the customer. Reachu is at no point responsible for the order, we only facilitate the transaction and provide you the Order Information. We expect you to: (i) Approve or decline incoming orders within 48 hours of receiving them, (ii) Ship products and provide services within reasonable time, at a minimum within 5 business days; (iii) Package your products and provide services in a commercially reasonable manner; (iv) Include all relevant return, reclamation, contact and other relevant sales information with the order; (v) Include an order-specific packing slip within each shipment of your products and services, and, if applicable, any tax invoices; (vi) Identify yourself as the seller of the product on all packing slips or other information included or provided in connection with your products and services and as the person/business to which the customer may return the applicable product, complain, and use his/hers right of withdrawal according to local consumer protection laws.
8.3 The Reachu Solution offers shipping integration and access to Third-Party shipping services, such as but not limited to DHL, Bring, and UPS. When the Customer orders products and/or services to be shipped through these Third-Party shipping services it is your responsibility as a Supplier to fulfill and ship the order(s) according to the requirements of the Third-Party shipping provider.
8.4 When ordering products and services from outside of your residing territory you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Supplier, Channel or the Customer; Reachu has no control over these charges. Customs policies vary from country to country and you should contact your local customs office for further information. It is your responsibility to comply with all laws and regulations of the country in which you are receiving the products.
The following two sections (S.1 & S.2) only apply to Platform Users engaging in a Supplier specific role:
S.1 The Customer Relationship
S.1.1 As the Supplier you are always the responsible and liable party in the transaction of products and services facilitated through the Reachu Solution. Thus, you are the liable party to the Customer in the Sales Contract, unless otherwise is agreed directly with the Channel. The Reachu Solution only facilitates the transaction and the Channel only enables Content distribution.
S.1.2 You have to clearly identify and make accessible your terms and conditions, return policies, order cancellation policies, reclamation policies and other applicable policies associated with each Listing.
S.1.3 All post order dialogue should be handled directly with the Customer. The Customer can contact you regarding orders and will be entitled to the same level of service you offer through your other sales and distribution channels. You warrant that in your dealing with Customers and fulfillment of Sales Contracts you will comply with all local consumer protection laws and regulations.
S.2 Receiving Orders and Order Fulfillment
S.2.1 We will provide Order Information to you for each order received through the Reachu Solution from your Listing(s). The Order Information will by default be sent to your registered email address, unless you use a plug-in to the Reachu Solution that requires another form of communication.
S.2.2 All orders must be processed and prepared for fulfillment in a timely fashion. At a minimum within 3 business days. We expect you to check for orders from the Reachu Solution at a minimum every business day.
S.2.3 You are solely responsible for order fulfillment of orders received through our Solution. Reachu only forwards you the Order Information. You are the responsible and liable party to the Customer and Channel.
S.2.4 You will ensure that your products and/or services (including packaging) and the offer and ensuing sale and fulfillment of any of your products or services comply with all applicable laws (including all minimum age, marking and labeling requirements). Furthermore, you declare that your products and services were not produced, manufactured, assembled, or packaged by forced, prison or child labor.
S.2.5 We require all our Suppliers to offer a minimum 14 day return policy in compliance with the European Union´s consumer protection regulations. Meaning the consumer has 14 days to initiate a return from the day they received the package. Then 14 days to ship the return package after the return was initiated. As a Supplier you confirm to us through this agreement that you will comply with this requirement.
9. Content & Information About Listed Product and Services (Listings)
The term Content (“Content”) refers to all images, photos, symbols, information, text, reviews, products, and services you upload to and create through the Reachu Solution.
9.1 Reachu is not the manufacturer, handler, seller, distributor, designer, or producer of the products and services sold and listed through our Solution. Reachu simply allows for sharing and distribution of product and services data and eCommerce transactions to take place. While we work to ensure that product and service information appearing on Listings through our Solution is correct, we cannot guarantee the accuracy of such Listings. All products and services listed on the Reachu Solution are User created. We do not endorse, guarantee, authenticate, represent, or otherwise approve of any of the products and services listed on the Reachu Solution, nor their description and presentation. Users are responsible for writing product and service descriptions and their sales policies. Thus, we encourage you to exercise caution and ensure you do proper research before connecting with another User. Please always read labels, warnings and directions provided with the product and service before use. Reachu accepts no liability for inaccuracies or misstatements about products and services provided by our Users and Third-Parties.
9.2 When uploading and creating product and service listings (“Listings” or “Listing”) you represent and warrant that: (i) You have the legal right and capacity to enter into this agreement in your jurisdiction; (ii) You own the right to use and sell the Content, products and services posted by you on the Reachu Solution, or otherwise have the right to distribute the Content, products and services in the territories you claim; (iii) The posting and use of your Content, products and services on, or through the Reachu Solution, does not violate, misappropriate or infringe on the rights of any Third-Party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights; (iv) All information, such as product origin and product description, regarding the products and services provided by you is truthful, accurate and comply with local copyrights, consumer protection and marketing laws and regulations; (v) Listings should always be maintained and updated so the information they portray is accurate and current. The inventory listed on the Reachu Solution by you, shall at all times represent inventory you can readily ship; and (vi) You agree to pay for all royalties, fees, and any other monies owed by reason of copyright infringement or missing licenses of products and services you list on, or through the Reachu Solution.
9.3 Reachu never owns or claims to own any of the Content or Listings you create and upload to our Solution. However, in order for us to provide the Solution, we need the legal permission to use your Content and Listings. Through this agreement you grant us a royalty free non-exclusive, transferable, sub-licensable, and worldwide license to host, use, distribute, copy, run, modify (e.g. for technical purposes, such as making sure your submission is viewable on a smartphone as well as a computer), and display the Content and Listing(s) uploaded by you to our Solution. You can revoke this license at any time by deleting the Content in question or deleting your User Account on the Reachu Solution.
9.4 Uploaded Content and Listings must follow Reachu´s technical requirements, including, but not limited to file size, file name, and formatting. We reserve the right to remove Listings at our discretion if it does not meet our Solution´s standards. Reachu reserves the right to use, format and re-distribute the uploaded Content and Listings so it fits our solution requirements and the solution integrations and plug-ins it is intended to work with.
9.5 Transparency and honesty is of utmost importance to us at Reachu. How you present yourself on and through the Reachu Solution matters. You represent and warrant that: (i) All information you provide to us and Content you upload to our Solution is correct, accurate, current, genuine, and does not infringe, violate, misappropriate or infringe on the rights of any Third-Party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (ii) You agree to pay for all royalties, fees, and any other monies owed by reason of copyright infringement or missing licenses of products and services you post on, or through the Reachu Solution.
9.6 How you present yourself on Third-Party platforms and mediums is none of our business. However, we will not tolerate association with and facilitation through the Reachu Solution of behavior and Content including, but not limited to, promoting racisms, glorifying violence, and/or inciting hatred. In addition to content misleading consumers and falsely and inaccurately portraying products and services. We reserve the right to cancel your Reachu Account at any time. Be aware that other Users might have strict requirements on how they expect you to present yourself and what Content they will allow their brand to be associated with.
9.7 You warrant that: (i) You will make yourself familiar with all local marketing laws for the territories you operate in; (ii) You will follow all marketing laws, consumer protection laws, advertising laws and other rules and regulations applicable to for the territories you operate in; (iii) You will not mislead consumers, make false claims and statements, and otherwise misrepresent the products and services you list, source or sell; (iv) Reachu and Users whom products you sell cannot be held liable for any of your misinterpretation, violation of, or breaking of applicable marketing, consumer protection and advertising laws and regulations.
9.8 We reserve the right to at any time remove any Account, Content or Listing at our sole discretion and without notice. You agree that you cannot hold Reachu liable for any lost transactions or damages should we remove your Listings or Listings you have access to.
10. Prohibited, Content, Items Products and Services
10.1 All products, items, content and services listed, sourced and sold through our Solution have to comply with local laws and regulations, as well as Reachu´s policies. Please keep in mind that when selling on Third-Party platforms, these platforms might have different policies than us regarding what is prohibited items, content, products and services. The following are examples of prohibited products and services including, but not restricted to:
- Illegal, prescription, or recreational drugs.
- Tobacco products and related paraphernalia
- Ingestible supplements
- Weapons, ammunitions, or explosives
- Live animals and certain animal products
- Adult and sexual services
- Alcohol
- Healthcare products and services
- Body parts and fluids
- Real money and gambling services
- Counterfeit products and digital media without proper copyrights
- Stolen property
- Real, virtual and/or fake currency
- Products and services with no real commercial intent
- Recalled products
- Gold, precious stones and gemstones
In addition, Reachu does not allow the selling of what we consider offensive materials such as, but not limited to products promoting racisms, glorifying violence, and/or inciting hatred. In addition to misleading products and services and the way they are portrayed.
10.2 Reachu only authorizes the sale of new products (no custom-made / made-to-measure, vintage or second-hand) and requires that all branded stock is genuine. All products and stock must be physically owned by the Supplier and in the quantity and condition listed on Reachu. Uploading Listings that rely on Dropshipping, pre-order, or stock in transit is prohibited.
10.3 You warrant to us that: (i) You will not engage in selling of any products or services of the nature listed above; and (ii) If you come across any products or services on our Solution that could fit in the aforementioned categories you will notify us at: support@reachu.io. Reachu reserves the right to suspend your account without any reason, at any time without notice and liability to you.
11. Taxes
The term taxes in this agreement refers to, but is not limited to: Any and all value added, sales, use, excise, import, export and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer, or sale of products or services by you on, through, or in connection with our Solution (“Taxes”).
11.1 You are responsible for paying and collecting all applicable taxes in the territories you operate in. By accepting this agreement, you acknowledge that you follow local laws and regulations and that you are familiar with the tax laws in the territories you operate in. Reachu is not responsible for collecting, remitting, or reporting any Value Added Taxes (VAT) or other taxes arising from your use of the Reachu Solution. If we are required by law to collect any value added, sales, use, or similar taxes from you, you will pay such taxes to us. Furthermore, if we are required to comply with local tax authorities in the territories you conduct your business, we reserve the right to comply and share information with them.
11.2 You agree that the price listed by you for your products or services through the Reachu Solution includes any customs duty, value added tax or other tax that you may be required to pay in connection with the sale.
11.3 If you are a business registered in Norway we will charge and pay VAT on the services provided to you. If you are registered outside of Norway we will not pay VAT and other applicable taxes on the services provided to you. In accordance with the European reverse charge mechanism. You are liable and responsible to pay all applicable taxes in the territories you operate.
11.4 Reachu is required by law to collect your VAT registration number and/or other tax identification numbers for certain territories. You warrant to us that you will provide us with such information if requested and that the VAT registration number you submit to us is correct, current, belongs to the business you operate, and you will update this information immediately in case of changes.
11.5 Reachu reserves the right to request additional information and to confirm the validity of any User´s account information (including without limitation your VAT registration number) from you or government authorities and agencies as permitted by law and you hereby authorize us to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to us upon request.
11.6 We reserve the right to suspend any services to you without notice, if we suspect you are not complying with local tax laws and regulations.
12. Interactions through the Reachu Solution
12.1 Your interactions with Users through the Reachu Solution is done solely at your own risk. Reachu facilitates the connection between other Users and you, provides the technical infrastructure to handle information, payments orders and the Commissions. However, all specifics of that relationship including, but not limited to contractual obligations, liabilities, and deliverables is your own liability and responsibility. Reachu is at no point a responsible party in the dealings between you and other Users. Reachu cannot be held liable for your interactions and contracts with other Users and other Third-Party platforms.
12.2 Various Users might have different requirements to what they consider appropriate Content and behavior regarding the sales and marketing of products and services. You might be expected to or obliged to refrain from certain Content and presentations. It is your responsibility to ensure you are familiar with what is expected when connecting with other Users.
12.3 Reachu is not liable for the content posted by our Users, they chose how to present themselves through the Reachu Solution and other third party sites and platforms. Being a User on the Reachu Solution does not mean we endorse, sponsor, or support, or otherwise suggest the authenticity and accuracy of the claims made by said User. Nor do we approve, endorse or, otherwise interfere with the way they present themselves and act on our Solution and Third-Party platforms. It is your responsibility to verify and do necessary background checks of Users and claims made by Users before entering into a contractual relationship with them. Reachu will not be held liable for the Users content, behavior, performance, or failure to meet contractual obligations you have agreed to with them.
12.4 You acknowledge that the other User can cancel the Connection with you at any time, without cause. Similarly, you can cancel the connection and refrain from engaging with a User at any time without cause. Neither Reachu, nor the other User can be held liable for any lost transactions or other damages resulting from a canceled connection.
12.5 The Supplier is responsible for handling, shipping, returns, cancellations, reclamations, nonconformities, recalls, delivery errors, and refunds. Reachu is never the liable party in a transaction, nor do we fulfill any orders or transactions. Unless otherwise is explicitly stated. You warrant that: (i) You will not engage in behavior that makes any guarantees, claims, representations or other statements on behalf of the Supplier or Reachu, if you are not the Supplier and (ii) You will make it obvious that you are not the Supplier.
12.6 You will not solicit or harass any of the other Users and Customers met through the Reachu Solution. All engagement and interaction with Customers and Users met through the Reachu Solution are at your own risk. Reachu will not be held liable for any damages or other issues arising from your engagement and communication with Users and Customers met through our Solution.
12.7 You agree that we may use mechanisms that rate, or allow Users to rate, products, services and performance of Users on the Reachu Solution, we may make these ratings and feedback available within the Reachu Solution.
13. Suggestions and Feedback
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements to the Reachu Solution regarding our services, platform and website. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, publish and implement, or otherwise exploit this feedback or material as we see fit.
14. Third Party Service Providers & Plug-Ins
14.1 In order to provide you with the best possible services on the Reachu Solution we use the services of Third-Party Service Providers. Through using some of our services you also agree to the terms and conditions of our Third-Party Service Providers. These services include shipping partners and aforementioned payment providers. When you choose to use certain plug-ins and to export products to other Third-Party Platforms you might also have to agree to their Terms & Conditions and applicable privacy policies. By consenting to the export of Listings to Third-Party platforms you Agree to the terms and conditions of the Third-Party platforms the listings are exported to.
14.2 You warrant that you will be compliant with third parties Terms and Conditions you export products to. Third-Party platforms might have different terms and conditions than us. It is your responsibility to ensure products and services sourced from our Solution are compliant with the platform you chose to export Listings to.
14.3 The Reachu Solution contains links and plug-ins to third party platforms and services. A link or plug-in is at no point an endorsement, representation, sponsorship, verification or support of said Third-Party platform or service. You access and use Third-Party platforms and services solely at your own risk.
15. Indemnification
You release Reachu and agree to indemnify, defend and hold harmless Reachu and its officers, directors, and employees against any claim, cost, damage, expense, loss, settlement, or other liability arising from or related to: (i) Your actual or alleged breach of any responsibilities in this agreement; (ii) The collection, payment, or failure to collect or pay your taxes; (iii) Any channels owned or operated by you, your products and/or services (including the offer, sale, fulfillment, refund, cancellation, return or adjustments thereof), your materials, any actual or alleged infringement of any intellectual property rights by any of the foregoing, violation of consumer protection and marketing laws, and any personal injury, death or property damage related thereto; and (iv) Any Content you post, upload, list, use, distribute, store or otherwise transmit through the Solution.
16. Disclaimer
THE REACHU SOLUTION INCLUDING CONTENT, SOFTWARE FUNCTIONS, PLUG-INS, AND INFORMATION IS PROVIDED AND MADE AVAILABLE ON A “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOU USE AND PARTICIPATE IN THE SOLUTION AT YOUR OWN RISK. REACHU DISCLAIMS TO THE FULLEST EXTENT OF THE LAW INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION AND ACCURACY OF CONTENT; (II) ANY IMPLIED WARRANTIES AND REPRESENTATION ARISING FROM USAGE, COURSE OF PERFORMANCE, OR THIS AGREEMENT; (III) ANY CLAIM, LIABILITY, OBLIGATION OR LIABILITY, WHETHER OR NOT IT ARISES FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, AND UNINTERRUPTED, NOR CAN WE GUARANTEE IT MEETS YOUR REQUIREMENTS. WE CANNOT BE HELD LIABLE FOR ANY SERVICE INTERRUPTIONS, DEFECTS, OR SYSTEM FAILURES THAT MAY AFFECT THE ACCEPTANCE OF TRANSACTIONS AND ORDERS OR OTHERWISE DISRUPT YOUR ENGAGEMENT WITH OUR SOLUTION.
AS REACHU IS NOT THE RESPONSIBLE PARTY IN THE TRANSACTION BETWEEN THE CUSTOMER AND THE USER, NOR THE RESPONSIBLE PARTY FOR CONTRACT SPECIFICS BETWEEN THE SOLUTION USERS, WE WILL NOT BE INVOLVED IN ANY POTENTIAL DISPUTE(S) SHOULD ONE ARISE BETWEEN YOU AND/OR ANY OF THE OTHER PARTIES. EACH PARTICIPANT IN A DISPUTE RELEASE REACHU AND ITS EMPLOYEES, DIRECTORS AND OFFICERS FROM ANY CLAIMS, DAMAGES AND DEMANDS.
17. Limitation of Liability
To the maximum extent permitted by law, Reachu shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) Your access to or use of or inability to access or use the service; (ii) Any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (iii) unauthorized access, use or alteration of your transmissions or content.
18. Governing Law and Jurisdiction
Any dispute between you and Reachu will be governed by these Terms and Norwegian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
19. Severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Reachu shall constitute the entire agreement between you and Reachu concerning the access to and use of our Solution. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
20. Contact
Should you have any questions about these terms and conditions, please contact us at support@reachu.io.