In order to list your services items on bwbookings.com (the “Site”), you
must agree to the marketplace Vendor agreement outlined below, which
includes our privacy policy and any other terms and conditions on the
Site. By listing your services on the Site, you agree to be bound by all
terms and conditions of this marketplace agreement. The Site is
operated by AllSafariBookings PTY LTD (“AllSafaribookings”), which
reserves the right to make changes to this vendor marketplace
agreement at any time. Changes to this vendor marketplace agreement
are effective when the changes are posted to the Site. Continuing to sell
items in bwbookings.com will constitute your agreement to the new
Vendor Marketplace Agreement. It is your responsibility to review the
changes and decide if you want to continue to use bwbookings.com.
Changes to the marketplace Vendor agreement may occur at any time
and without notice to you.
THE MARKETPLACE bwbookings.com provides an online service that
allows Botswana-Owned Business Vendors to sell their products to
buyers. Bwbookings.com does not act as the agent for either buyers or
Vendors. Our service provides a platform for these transactions to take
place.
ELIGIBILITY REQUIREMENTS
Listing of services on BwBookings.com is limited to parties that can
lawfully enter into a contract. Minors are not allowed to buy or sell on
Bwbookings.com. To list items for sale you must supply your company
documents for verification purposes with the relevant licencing
authorities.
REQUIRED COMMUNICATION
BwBookings.com requires you to provide timely support to the
marketplace customers. All messages should ideally be replied to within
24hrs. Please resolve all customer issues related to the
BwBookings.com marketplace within 48hrs if possible. You are also
required to notify BwBookings.com when you change the status of an
order. Changes in status could include but are not limited to: canceling
an order, refunding an order or alerting a customer about a missing item
from their order. When you mark an item as paid or booked an automatic
email will be sent to the customer alerting them of the status change.
VENDOR RESTRICTIONS
Vendors cannot list or sell items that: infringe upon intellectual property
rights or are illegal, fake, counterfeit, or stolen. Furthermore, Vendor
must meet all customer terms and conditions required by all applicable
Botswana laws. Services must be listed on the correct item page and an
accurate description of the products description must be given. The
accounts of Vendors may be limited in a matter that allows them to make
a certain amount of transactions within a given time at the sole discretion
of BwBookings.com. Marketplace transactions must take place between
two different individuals, organizations or entities. BwBookings.com
reserves the right to refuse service to anyone at any time for any
reason.BwBookings.com reserves the right to prohibit the sale of any
item in the marketplace. At discretion, products may be removed at any
time without notice. The way listings appear in the marketplace may
change without notice to users of the marketplace (Buyers or
Vendors).Vendors are expected to only list items and quantities they are
capable and willing to sell in the marketplace.
Vendors are required to sell items at the price they listed to customers
that meet the Vendor’s terms. By listing an item on BwBookings.com you
agree that you have the right to sell the item, that you have access to the
item and that your description provided in your listing is complete and
accurate. Failure to provide service by the provided date may be
grounds for termination of your Account. In consideration of
BwBookings.com waiving startup fees and extending payment terms to
the Vendor, the Vendor agrees to not directly or indirectly compete with
BwBookings.com and its successors and assigns by creating or having
any ownership stake in a multi-Vendor marketplace for the duration of
this agreement and for twelve months following the termination of this
agreement. The vendor acknowledges that BwBookings.com shall or
may in reliance of this agreement provide the Vendor access to trade
secrets, customers, and other confidential data and that the provisions of
this agreement are reasonably necessary to protect BwBookings.com
and its good will. The Vendor agrees to retain said information as
confidential and not to use said information on his or her own behalf or
disclose same to any third party.
TAXES
It is the Vendor’s responsibility to collect and remit any taxes associated
with a transaction. BwBookings.com will not be held responsible for the
collection or lack of collection of any taxes due to the use of
BwBookings.com. BwBookings.com is not responsible for determining
when tax should be charged.
TERMINATION
BwBookings.com reserves the right to monitor Vendor accounts to
determine if policies or laws are being broken. Any illegal or fraudulent
activity may be reported by BwBookings.com to law enforcement or
other third parties. Upon termination, Vendor must pay BwBookings.com
any fees that were incurred prior to the effective date of termination.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless BwBookings.com and its
affiliates (and their respective employees, directors, agents and
representatives) from and against any and all claims, costs, losses,
damages, judgments, penalties, interest and expenses (including
reasonable attorneys’ fees) arising out of any claim, action, audit,
investigation, inquiry or other proceeding instituted by a person or entity
that arises out of or relates to: (i) any actual or alleged breach of your
representations, warranties, or obligations set forth in this marketplace
agreement; or (ii) your own website or other sales channels, the
products you sell, any content you provide, the advertisement, offer, sale
or return of any products you sell, any actual or alleged infringement of
any intellectual property or proprietary rights by any products you sell or
content you provide, or the collection, payment or failure to collect or pay
any taxes.BWBOOKINGS.COM WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS
MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE
THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA
THE SITE.
JURISDICTION
Any claim against BwBookings.com shall be adjudicated in a court in
Botswana courts and you agree to exclusive jurisdiction of these courts.
This agreement shall be governed by Botswana Law, without regard to
conflict of laws principles thereof.
SEVERABILITY
If any section of this agreement is deemed unlawful, void or
unenforceable, then that section shall be deemed severable and the
remainder of the agreement will remain in force. Failure to enforce any
section of this agreement by BwBookings.com does not constitute a
waiver of BwBookings.com right to enforce such section or any other
section in the future.