TERMS OF USE

Welcome to Comadre.com, a market place platform and referral network for unique products brought to you by women entrepreneurs. We are glad you are here. The following terms of use describe the way in which you may access, become a vendor or purchaser, or use our website. Familiarizing your self with this document will help you avoid unintentionally breaking the rules and helps us provides a trustworthy and reliable experience for our users. Your use of our website in any of the above-mentioned ways signifies your full acceptance to being legally bound by these terms as hereafter outlined, as well as our privacy policy, incorporated by reference. We thank you in advance for your cooperation.

By accessing or using the Service you agree to be bound by these Terms. Should you not agree with any of these provisions, you must immediately exit the website.

Comadre reserves the right to revise, add to, or delete from these terms at any time, without prior notice to you. You will however find the last updated date at the top center of this page every time we revise the terms, and your continued use of the www.comadre.com after we have made any change shall be taken as your acceptance to continue to be bound by the terms of use as revised.

Eligibility

Comadre is primarily an echo system of women buying from women entrepreneurs. We however offer this site for users of all genders who have reached the legal age of 18 or are older, and can form legally binding contracts. While this website is operated from the United States and these terms are construed under Texas laws, our services are open to international users.

We grant all eligible users a limited, non-exclusive, non-assignable, reversible and nonsublicensable license to use www.comadre.com in compliance with these terms.

Definitions

You/your: This is used interchangeably to refer to the user of the website, whether a vendor or a buyer.

We/Us: This is used interchangeably to refer to Comadre.

Vendor: Used interchangeably, this shall mean an individual who offers her products through www.comadre.com

Buyer: This shall mean an individual who purchases products through Comadre.

User: Both vendors and buyers, as well as anyone that accesses the site.

Products: This shall include all fashion accessories offered for sale by a vendor. These shall include but are not limited to clothing, swimwear, jewelry, handbags etc.

Affiliate network: A system through which vendors can earn revenue from referring other vendor’s products to customers.

Revenue: This is the money vendors earn from sales of their products and/or the commission paid by your referral.

Copyright policy/intellectual property

All materials, including pictures, graphics, video clips, designs, icons, written content and every other material available on the Comadre website are trademarked, copyrighted, controlled or licensed by Comadre, its affiliates or by other third parties who have licensed these materials to Comadre, except we explicitly state to the contrary. All said materials are protected by United States as well as international copyright laws. All rights reserved.

The www.comadre.com website, our page headers, logos, scripts, button icons, and service names included in or made available through www.comadre.com are trademarks or trade dress of Comadre in the United States and other countries.

User content

While the copyright to content uploaded by you remain yours, by uploading and submitting content to our website, you grant Comadre an international, payment-free and non-exclusive license to use, repeat, apportion, change, modify, interpret, distribute, openly perform or display such content (whether in full or in part) and to use such uploaded content in any manner or medium now known or later developed without compensation to or recognition of you or any third party.

Account registration

In order to use our services, you will need to create an account:

As a buyer you may use our services as a guest, however we strongly suggest you open an account for optimal shopping experience. When opening an account you will need to supply personal information such as name, billing address, shipping address, etc. You are responsible for provided honest, complete, and accurate information.

To become a vendor on Comadre, we will ask you to fill out an online registration form. To do this, you will need to supply personal information such as your name, relevant contact details, and bank information. You hereby pledge that the information you make available to Comadre, both during and after the registration process is honest, complete and accurate. We may refuse any use now and later of our service or terminate your account if any information you provide is found to be incorrect, false, or deliberately misleading.

All users agree that it is your exclusive responsibility to maintain the confidentiality of your login detail and password. Subsequently, you are liable for all activities that occur under your account, and must inform us immediately you suspect a breach of your account by a third party.

Opening and account does not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Comadre.

Vendor policy

The following are terms that specifically pertain to vendors on the Comadre website.

You must fill out a vendor form before you are enabled to list your products on the website. You will receive an email within 5 business days if accepted. This will include your login credentials and unique vendor code.

The vendor code will be used to process your commissions and referrals.

To be able to do business on www.comadre.com, you will need a valid Sales Tax Id or EIN, a verified PayPal account, return policy, and at least 5 products for listing.

Once Comadre admin activates your store, you can begin to do business on Comadre.

The website operates on a commission basis. For each product that you sell, we will credit your account with net revenue of 85 per cent of the purchase amount. Comadre will hold back 15 per cent as commission. Vendors may only withdraw their revenues by requesting that we disperse such funds into their verified PayPal account.

You can also earn revenue by referring other vendors’ products. The referral commission for referrals is 5 per cent of the purchase amount. Under this arrangement, the original product vendor will receive 85 per cent of purchase amount, the referring vendor will receive 5 per cent, and Comadre will hold back 15 per cent as commission.

Revenue earned will only be available for withdrawal twice a month (on the 15th and 30th of each month). Withdrawals can only be made to the value available to you. Once the process has begun, withdrawals are final and cannot be undone.

Should an order be cancelled for any reason whatsoever, the funds paid by buyer will be refunded to the buyer. Vendor is responsible for setting and adhering to their return policy.

Vendors are responsible for paying all shipping costs, as shipping costs are included in prices of products listed on the website.

We may at our discretion remove a vendor’s product listing at any time for violations of these terms of use. Such violations include but are not restricted to illegal products; violation of a third party's terms of use; and/or the sale of regulated goods. We may also suspend the account of an offending vendor in the case of such violations.

Buyers’ policy

Please find below Comadre’s buyers policy, also known as the sales agreement. You agree that you are in full acceptance of this agreement by placing an order and purchasing products through this website.

You agree that this sale agreement represents the entire agreement between you and Comadre in connection with the purchase of products on this website, and that we may change, review or revise the following terms without prior notice to you.

Pricing information: Except we categorically state otherwise, all prices on the website are quoted in US Dollars, and our pricing is subject to change.

Orders: Do not assume that your placed order is obligatory upon us except we have clearly acknowledged and accepted such an order. You may place your request for products on the Comadre website by adding products to your cart.

Debit/Credit Cards: After ordering products on Comadre, we will process your debit/credit card charges online.

Cancelation of orders: We may cancel any placed order on Comadre if the ordered item is out of stock, is no longer in production, or if it becomes unavailable for whatsoever reason. We will send you a cancelation email when an order is cancelled, and we will not charge for that order. If we cancel the order after payment is made, we will re-issue a refund in the total amount of the original charge. You may also cancel your order at any time, as long as we have not yet shipped such orders. After shipment, orders cannot be cancelled.

Taxes and other charges: We are required to collect taxes under US and Texas laws, and you will be liable for sales tax and all other taxesconnected with your order. We will add taxes as a separatecharge and will list it along with the original price when you check out. Except otherwise stated, prices for products ordered on Comadre also do not include custom costs and other charges.

Shipping policy: Shipping costs are included in the prices of products ordered on Comadre except we otherwise state so.

Export sales: While our area of primary jurisdiction is the United States, we may sell products for export to foreign countries. In this event, customers agree that it is their responsibility to obtain necessary export documentation before shipping to a foreign country.

Delivery: We deliver all orders following the delivery option chosen by customers during the order process. Please note that quoted delivery timescales are indicative only, and that we will not be held liable for delivery delays caused by any third party.

Return policy: We recommend that you contact the seller directly to try to reach a resolution. Because our vendors are independent business owners, return and exchange policies will vary by vendor. It is your responsibility to check their policies in advance of purchase. We do not receive returned products after they have been shipped. We offer no refunds for products ordered and delivered, and will only make refunds and/or returns if vendor incorrectly sent you the wrong products.

Acceptable use of the site

As a Comadre user (whether a buyer or a vendor), you must comply with these additional terms in order to use the website:

· Vendors may only have one active account.

· You may not sell or buy Comadre accounts.

· You must not abuse any part of the website for illegal and unlawful purposes like promulgating unlawful, defamatory, hostile, harmful, harassing, offensive, or otherwise abhorrent material.

· You must not use the website to spread content that emboldens criminal acts, or otherwise violates any relevant laws or regulations.

· You must not interfere with any other user’s use of the website.

· You may not send any junk e-mail to other Comadre users.

· You are not to post or transmit any information, picture, content or other materials, which in our opinion is racist, menacing, sexually explicit, obnoxious, and/or defamatory.

· You may not transmit or post any information, picture, content or other materials, which in our sensible opinion is capable of insulting any other users’ religious or political beliefs.

· You must not intentionally introduce viruses, Trojans, worms, logic bombs or any other malicious or technologically injurious software to our website.

· You are not touse or attempt to use any software, stratagem, or process to interfere with the proper working of www.comadre.com, or violate or attempt to violate its security.

· You are not to make, store or transfer electronic duplicates of materials that are protected by copyright without our written consent.

· You may not use the website to exchange any adult oriented or pornographic materials.

· You are not to publish or send malicious content with the intention of compromising another user’s account.

· You must not use the website tobully, intimidate or harass other users.

· You may not infringe on the copyright or trademark of third parties.

· You are not to publish or post other people's private and confidential information.

You will be held solely accountable for all legal costs and losses arising out of your violation, if we find you to be in violation of any or all of the provisions of these terms. Comadre may also terminate your use of the website without any prior warning if you breach any of these terms.

Linked third party sites

We may provide links to the websites of other companies, e-commerce websites as well as other third party sites on www.comadre.com. You are not to take the provision of such links as an endorsement or recommendation of the content, processes, products and/or services of such linked third party websites, except we specifically state so. As a user, your use and access of third party websites is entirely at your own risk.

Disclaimers and limitation of liability

THE WWW.COMADRE.COM WEBSITE IS PROVIDED ONLY ON AN “AS IS AND AS AVAILABLE” BASIS, AND WE DO NOT GUARANTEE THAT IT WILL MEET YOUR REQUIREMENTS OR THAT IT WILL SATISFY YOUR EXPECTATIONS.

WE MAKE NO WARRANTIES OF ANY KIND, DIRECT OR OTHERWISE, REGARDING THE OPERATION OF THE WEBSITE OR THE PRODUCTS, CONTENT, INFORMATION, AND ANY OTHER MATERIAL DISPLAYED THEREIN.

WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED (COUNTING, BUT NOT LIMITED TO THE INDIRECT WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE) TO THE FULL DEGREE PERMISSIBLE BY APPLICABLE LAW. WE WILL NOT BE ANSWERABLE FOR ANY LOSS/DAMAGE (BE THEY DIRECT, INDIRECT, RELATED, PUNITIVE, OR EXTENSIVE) IN CONNECTION WITH YOUR USE OF THE COMADRE WEBSITE.

WE WILL NOT BE LIABLE FOR ANY CIRCUMSTANCE BROUGHT ABOUT BY EVENTS BEYOND OUR REASONABLE CONTROL THAT MAY MAKE SERVICES TO BE INTERRUPTED, LATE, OR DEGRADED; OR FOR ANY INJURIES, HARMS LOSSES OR DAMAGES OF ANY TYPE ARISING IN CONNECTION WITH, OR AS A RESULT OF, USING WWW.COMADRE.COM.

YOU AGREE THAT ALL MATERIALS DOWNLOADED OR CONTENT OTHERWISE GOTTEN THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR PERSONAL DISCRETION AND RISK. THUS, YOU WILL BE SOLELY RESPONSIBLE FOR ALL AND ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD AND USE OF ALL SUCH MATERIALS.

YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER WRITTEN OR VERBAL, OBTAINED BY YOU FROM COMADRE OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT CLEARLY STATED IN THESE TERMS.

YOU CLEARLY UNDERSTAND AND AGREE THAT COMADRE (EVEN WHEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) SHALL NOT BE ANSWERABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT RESTRICTED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR ANY OTHER INTANGIBLE LOSSES AS A RESULT OF YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCT OR SERVICES GOTTEN OR PURCHASED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.

NOTHING INCLUDED IN THESE TERMS OF USE IS INTENDED TO DISMISS OR LIMIT COMADRE’S LEGAL RESPONSIBILITY FOR INJURY OR DEATH ARISING FROM OUR DECEPTION/CARELESSNESS, OR ANY OTHER LIABILITY WHICH NOT CONSTRAINED OR EXEMPTED BY LAW, OR THAT IS AIMED AT LIMITING YOUR CONSTITUTIONAL PRIVILEGES AS A CONSUMER.

THIS LIMITATION OF LIABILITY WILL NOT APPLY TO YOU IN THE EVENT THAT CERTAIN RELEVANT LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY SO SET FORTH ABOVE.

IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID BY A UNITED STATES COURT HAVING PROFICIENT JURISDICTION, THE INVALIDITY OF THAT PROVISION SHALL NOT ADVERSELY AFFECT THE VALIDITY OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE REMAINING PROVISIONS SHALL REMAIN IN FULL EFFECT AND FORCE.

Indemnification

You indemnify, shield and hold Comadre innocent and blameless against any and all expenses, claims and costs (including but not restricted to attorney fees as well as all other legal costs), and reimbursements in relation to your use of the website.

Governing law

This agreement is construed under and governed by the laws of Texas. Both parties consent to submit to the exclusive jurisdiction of the courts located in Texas for the resolution of any and all disputes arising out of, or as related to this agreement or the violation of any of its provision.


PRIVACY POLICY

The Privacy Policy as described below defines the use of your private information when you use our website. By using this website, you agree to our use of and our disclosure of your personal information in accordance with this policy. Should you disagree in any way with this policy, you must stop using this website immediately.

Information collection

We will ask you to provide identity and contact information, and bank/credit card information, as well as some other personal information when you use our services whether as a vendor or as a buyer.

We may sometimes use your financial information, including your credit card information or PayPal information, to verify the truthfulness and correctness of your name, address, and other personal information, as well as to charge you for your purchases.

We also collect certain information based on your activity on the Comadre website. This information is primarily used to conduct Comadre’s in-house research on user demographics, behaviorandinterests, so that we understand you better and are better equipped to serve you. This automatically-collected information may include your computer browser information, IP address, as well as browser and Internet-related information through your access to our website, via cookies, and/or web beacons.

The ways we use your information

These are the ways in which we use your information:

· To facilitate the sale and delivery of products requested by customers;

· To facilitate the sale of products listed by vendors;

· To collect commissions owed;

· To enforce applicable agreements;

· To troubleshoot problems;

· To customize your experience;

· To measure consumer interest in our services;

· To enhance our promotional and marketing efforts;

· To develop our service and product offerings and content;

· To keep you informed about offline and online offers, services, and updates;

· To defend ourselves against error, fraud and any other criminal activity;

· To resolve disputes;

· To analyse website usage, and to customize the website’s content, layout, and services; and

· As otherwise defined at the time of collection.

Disclosure of your information

We collect information about you and from you to make your interaction with the Comadre website easy. We therefore will neverknowledgeably share, transfer or sell your information with and to any third party. We may however share your informationwith any third party with whom you authorize us share such information with; as well as with appropriate legal authorities and/or government officials if we are legally compelled to do so.

Security of information

We always do our best to ensure the security of Comadre users’ personal information. To prevent unauthorized access, maintain the accuracy of information, and to ensure only the appropriate use of such information, we deploy practical administrative measures that safeguard and secure your information. Despite this, we will not be responsible for breach of information security that is beyond our control, as there is no full guarantee of security for data transmission over the internet.

Children’s privacy

We will never knowingly collect and/or store information provided by persons not yet of a legal age on www.comadre.com because minors are not eligible to use our website.

Our cookies policy

To ensure a user friendly registration and log-in experience and to improve user experience, Comadre uses the cookies technology. Please understand that the use our cookies doesn’t make available to us information beyond what you freely share with us, and you may choose to deny or accept cookies on your web browser. When you deny the use of cookies however, you may not enjoy the many unique offerings that make the browsing of our website easy and effortless.

Changes

We may from time to time amend or alter this Privacy Policy to explain our use and protection of your information in a better way. We will post the last updated date on the top centre of this page, and your continued use of the website after changes are made indicate your continued acceptance of our privacy policy.