Effective from October 1, 2024
Welcome to Hubeco!
We're delighted to have you here. These Terms of Sale are designed to help you understandthe guidelines and rules that govern your use of our Platform. Please read them carefully, asthey set out your rights and responsibilities when using our Services. By accessing or usingHubeco, you agree to comply with these Terms.
This document is an electronic record in terms of the Information Technology Act, 2000 andrules there under as applicable and the amended provisions pertaining to electronic recordsin various statutes as amended by the Information Technology Act, 2000. This electronicrecord is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the InformationTechnology (Intermediaries guidelines) Rules, 2011 that require publishing the rules andregulations, Privacy Policy, and Terms of Sale for access or usage of domain name https://hubeco.market (the “Website”).
Your Service Provider:
These Terms of Sale (the “Terms”) constitute a legally binding agreement between HubecoGreen Ventures Private Limited, its subsidiaries, and affiliates ("Company," "we," "our," or"us") and Vendor (“you”, or “your”). These Terms will be effective upon your acceptance ofthe same (directly or indirectly in electronic form or by means of an electronic record) andwill govern the relationship between us and you for the use of our Website https://hubeco.market, our Services and any of our other websites, mobile or digital applications, or any other services we offer from time to time by or in connection therewith(together referred to as the “Platform” or “Hubeco”). The Platform is owned and operatedby Hubeco Green Ventures Private Limited having its registered office at H No: 8-2-293/F-II/A/20A, Filmnagar, Jubilee Hills, Shaikpet, Hyderabad, Telangana, India, 500033.
For the purpose of these Terms, wherever the context so requires "you" or "your" refers toany natural or legal person who has agreed to become the Vendor (including theirauthorised users) on the Platform by registering with us through their device or any otherindividual or entity who accesses or interacts with the Platform. For avoidance of doubt, theterm “User” shall collectively refer to the Buyer and the Vendor. The applicability of theseTerms extends to users regardless of the device type used for accessing our Platform,whether it be a laptop/desktop or a mobile/tablet device.
About the Platform:
The following constitutes the “Services”:
Hubeco is an innovative e-commerce platform dedicated to connecting B2C and B2Bcustomers (the “Buyers”) and Vendors (the “Vendors”) within the sustainable constructionand related sectors. The Platform facilitates the sale and procurement of eco-friendly building materials and/or related services. The Platform ensures that all listed products meetgreen certification standards, providing peace of mind regarding the environmental impactand reliability of the products.
By providing a comprehensive online marketplace, the Platform enables Vendors to reach alarger customer base and sell their Products online. Vendors have the flexibility to proposeall commercial and contractual terms, including but not limited to Product pricing, applicablereturn and cancellation terms, and shipping methods.
Acceptance of Terms:
Our role under these Terms is limited to administration and managing the Platform, includingany Services made available to you on the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOURAGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SOPLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Privacy Policy as amended from time to time. We encourage you to read the, Privacy Policy, Delivery & Shipping Policy and Return, Refund and Cancellation Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use oraccess our Platform and/or Services.
We reserve the unilateral right to change the particulars contained in these Terms from timeto time, without notice to you and in our sole discretion. If we make any such revision inthese Terms, we will update the effective date above and the revised Terms shall beeffective from such date. You are required to frequently check these Terms and theireffective date to understand the terms and conditions that apply to your use of our Services.Your continued use of the Platform and/or Services following such modification constitutesyour acceptance of the modified Terms of Sale, whether or not you have read them.
Further, we may change, suspend, and/or discontinue the Services at any time, including theavailability of any feature, database, and content on the Platform. We may also restrict youraccess to parts and/or all of the Platform without notice in the event of technical disruptionsor other similar events and we shall not be liable to you in such cases.
1. VENDOR’S ELIGIBILITY
1.1. We welcome individuals and entities to utilise our Services, subject to adherence to these Terms of Sale. To ensure clarity, Vendors, who use our Platform and Services to list and sell their eco-friendly building materials, must:
1.1.1. be at least 18 years old and capable of forming a legally binding agreement;
1.1.2. have the authority to enter into agreements and comply with the terms outlined in this Terms on behalf of the entity, if applicable;
1.1.3. have all necessary licences, permits, certifications and authorizations for listing and selling on the Platform;
1.1.4. demonstrate the intention and capacity to utilise the Services effectively.
1.2. Prohibited Individuals:
1.2.1. Individuals under 18 years old: Minors under the age of 18 are not eligible to use our Services. If you are under 18, please refrain from using our Platform without appropriate parental or guardian consent.
1.2.2. Individuals barred from using the Services: Individuals who have been previously suspended or prohibited from accessing our Services by us or any competent authority are not allowed to use our Platform.
1.2.3. Individuals engaging in Illegal Activities: Individuals or entities engaged in or intending to engage in any activity that is illegal under applicable law, including but not limited to fraud, money laundering, and terrorism financing.
1.2.4. Individuals with Conflicting Interests: Individuals or entities that have conflicts of interest that would prevent them from complying with these Terms or that would pose a risk to the integrity of the Platform and its users.
1.2.5. Individuals from Sanctioned Territories: You are prohibited from using our Platform if you or the business entity you represent is domiciled, registered, or conducts business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by the Government of India, including but not limited to Pakistan, North Korea, and Syria. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by the Directorate General of Foreign Trade (DGFT) of India, the Reserve Bank of India (RBI), the Ministry of External Affairs (MEA), or any other relevant Indian authority. This Clause shall also apply if you or the business entity you represent is domiciled, registered, or conducts business in any country or territory subject to financial and economic sanctions, trade embargoes by the United Nations, UN Security Council, or any other relevant UN agency. You must obtain any required licence or government authorization before accessing our services if you fall under any of these categories.
1.3. Compliance with Laws:
1.3.1. You must comply with applicable laws, regulations, and policies when using our Platform and/or Services. It is your responsibility to ensure that your use of the Platform does not violate any laws or regulations in your jurisdiction.
2. ACCESS OUR PLATFORM AND SERVICES
2.1. Account Registration:
2.1.1. To utilise the Service, you must register with us by setting up a Vendor Account (the "Account"). At the time of the sign-up process, you must furnish accurate, current, and complete information, including but not limited to full name, address, contact number, and email address. If you are registering as an entity or a corporation, it is obligatory to furnish the details asked here in above in respect of the company.
2.2. Vendor Onboarding:
2.2.1. To ensure the integrity and reliability of transactions on the Platform, all Vendors must complete a comprehensive onboarding process. This includes submitting a detailed questionnaire that covers government-issued identifiers, bank account details, cancelled cheques, tax compliance credentials, product specifications, types, features, relevant certifications and accreditations (including quality and green certifications), annual turnover, and market presence, as well as any other information required by the Platform. Following this, Vendors must undergo a Know Your Customer (KYC) process where the submitted information is reviewed and approved by us.
2.2.2. Upon successful KYC approval, Vendors shall receive credentials to access the Platform. Each registered Vendor is assigned a dedicated Vendor Module (“Vendor Module”). In such Module, Vendors may list their Products, which involves providing detailed product information, quality certificates, product validity, and all required company and tax information. You must ensure that all information provided is true, accurate, current, and complete. The Platform reserves the right to suspend, terminate, or indefinitely block any Vendor's Account if the information provided is found to be false, inaccurate, outdated, incomplete, or otherwise discrepant.
2.2.3. You are responsible for maintaining the confidentiality of your Account credentials and are liable for all activities conducted under your Account. If you have previously registered, you should log in/sign in to your Account using the same credentials provided during the registration process.
2.3. Account Security and Update:
2.3.1. You are responsible for safeguarding your Account credentials and preventing unauthorized access to your Account. Any unauthorized use of an Account must be reported to the Company immediately for investigation.
2.3.2. If you suspect that unauthorized access has been made to your Account, you must notify us immediately by email at info@hubeco.market. We will investigate any alleged unauthorized Account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your Account, we reserve the right to disable or block your Account at any time when it is suspected that unauthorized access has been made to your Account.
2.3.3. If you share or allow others to have access to your Account, you assume exclusive liability and responsibility for all activities conducted on your Account, as well as any resulting consequences.
2.3.4. You acknowledge and agree that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account.
2.4. Vendor Responsibilities:
You Agree
2.4.1. that your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us.
2.4.2. to fully comply with all applicable laws and any other contractual terms that govern your use of the Platform (and any related interaction or transaction), including those specific laws applicable to you or your end users in any of your geographical locations;
2.4.3. to regularly and autonomously ensure the preservation and backup of all your Content and processed information concerning your Account and Vendor Module and any application features, services, or third-party services utilized, connected, presented, or developed by you;
2.4.4. to provide your Account information accurately, and failure to maintain such accurate information, including having an invalid or expired payment method, may result in the inability to access and use the Services;
2.4.5. to maintain the confidentiality of your password and take responsibility for all activities associated with your Account and Module. We retain the right, at our sole discretion, to revoke, reclaim, or modify a username (or first/last name) you choose if we deem, in our judgement, that such username is inappropriate, obscene, or otherwise objectionable;
2.4.6. to notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Platform arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure;
2.4.7. to not create an Account on behalf of anyone other than yourself without their permission. Additionally, using a username with the intent to impersonate another person, or using a username Account that is subject to the rights of someone else without proper authorization, is not allowed;
2.4.8. to not assign or transfer your Account to any other person or entity;
2.4.9. to provide proof of identity to access or use the Services in certain cases. Refusal to provide proof of identity may result in denial of access to or use of the Services;
2.4.10. that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account, including without limitation, situations where you have neglected to update your mobile phone number and/or email address on the Platform;
2.4.11. that in the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision;
2.4.12. that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your Subusers, or your compliance therewith;
2.4.13. to comply with all applicable laws and use the Services only for lawful purposes.
2.5. Account Suspension and/or Deletion:
2.5.1. You agree to (a) diligently log out from your Account at the conclusion of each session, and (b) promptly inform us of any unauthorized use of your Account. In the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision.
2.5.2. You shall be solely responsible for the accuracy and correctness of all such details/information given by you during Account setup. If we have reason to doubt the correctness of any details/information furnished by you or in case any information furnished by you is found incorrect, false, or misleading, we reserve the right to cancel or suspend your registration permanently or for such period as we deem fit.
3. CONTENT GUIDELINES
3.1. In utilising the Platform and/or Services, you may upload, post, provide, publish, display, link to, or otherwise share information essential for the Services through the Platform. This will include all the information, images, and details regarding your Products, and any logos, names, trademarks of your corporation, etc. (collectively referred to as "Content"). By doing so, you provide us with a worldwide, irrevocable, non-exclusive, royalty-free licence to employ, reproduce, store, adapt, publish, translate, and distribute Content within the operational scope of the Platform's functionalities. This includes but is not limited to promotional and advertising purposes across any media now known or hereafter devised. You acknowledge that we may utilise any Content you provide consistent with our Privacy Policy on the Platform, and you shall not be entitled to any payment or other compensation for such use. It’s your responsibility to ensure that your Content abides by applicable laws and any agreement entered into. We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of your Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
3.2. The Content must comply with the Content Standards set out in this Clause. The Content must not:
3.2.1. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
3.2.2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.2.3. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
3.2.4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Sale, or our Privacy Policy.
3.2.5. be likely to deceive any person.
3.2.6. promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.2.7. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.2.8. impersonate any person, or misrepresent your identity or affiliation with any person or organization.
3.2.9. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.2.10. give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
3.3. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable laws, and regulations, or infringe or misappropriate any rights of any person or entity.
3.4. You confirm that you possess and will continue to maintain the complete authority, ownership, licences, consents, and permissions necessary to authorise Platform to access the Platform or any part thereof. This authorisation allows for the importing, exporting, copying, displaying, uploading, publishing, transmitting, and/or any other utilisation of your Content.
3.5. You acknowledge that we may or may not pre-screen all or any part of the Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any Content and/or Products from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such Content, or for no reason at all. However, we do not endorse or guarantee the accuracy, completeness, or reliability of any Content.
3.6. You agree that you have obtained all consents and permissions required under all applicable laws regarding the processing, storing, collection, posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property which is part of the Content, and you will adhere to all laws applicable thereto. Further, your Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display, or otherwise use, in the country in which you or your Platform’s visitors reside.
3.7. Feedback and Reviews: The following terms constitute the "Feedback Policy":
3.7.1. In order to improve customer experience, the Platform implements a mechanism to rate and provide reviews regarding the Vendors and the Products on the Platform, and such information shall be available publicly on the Platform.
3.7.2. The Buyers may leave ratings and reviews on your Products and services. The Company shall not bear any responsibility for any adverse comment or rating of the Products on the Platform.
3.7.3. If you provide us with any suggestions, comments, or other feedback relating to our Services and/or Platform, which may or may not be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be exclusively owned by our Company. By providing such Feedback to us, you acknowledge and agree that it may be used by us in order to: (i) further develop, customise, and improve our Services and/or Platform, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalised platform-related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor, and offer certain promotions, and monitor performance, (v) create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our Services, (vi) enhance our data security and fraud prevention capabilities, and (vii) comply with any applicable laws and regulations.
3.7.4. If you submit any Feedback, Hubeco may use such Feedback for any purpose without any compensation or obligation to you. We reserve the right to remove any Feedback posted in our public forums for any reason at our sole discretion.
3.7.5. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to us any right, title, and interest you may have in such Feedback, and (3) explicitly and irrevocably waive any and all claims relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
4. PRODUCT INFORMATION
4.1. Information Regarding Products:
4.1.1. You understand that the Platform seeks to encourage the use of sustainable and eco-friendly materials, products (the “Products”) and related services. Therefore, all the Products listed on the Platform meet strict quality and green certification standards.
4.1.2. The Vendors shall provide comprehensive and up-to-date information about each Product to be listed on the Platform, to ensure transparency and reliability for facilitating informed decisions for the Buyers and smooth transactions. This information includes, but is not limited to, the following:
4.1.2.1. Description: A detailed description of the Vendor of that Product.
4.1.2.2. Product Specifications: A thorough and accurate description of the Products such as product dimensions, weight, and a delimited list of technical specifications.
4.1.2.3. Brand and Model: Information about the brand and model of the Products.
4.1.2.4. Images: Digitised images accurately depicting the Product without additional logos, text, or markings.
4.1.2.5. Pricing: Listing price, including any tiered pricing options.
4.1.2.6. Order Requirements: Minimum order quantity.
4.1.2.7. Legal Content: Text, disclaimers, warnings, notices, labels, green certifications, LCA, EPD’s and other content required by applicable law for the offer, merchandising, advertising, or sale of the Product.
4.1.2.8. Accessory Information: Identifying information for accessories related to the Product, if available.
4.1.2.9. Ratings and Reviews: Ratings and reviews of the Product, providing feedback and insights from previous Buyers.
4.1.2.10. Similar Products: Listings of other Vendors offering similar Products, allowing Buyers to compare options and make informed purchasing decisions.
4.1.2.11. Additional Information: Any other information required by applicable law.
4.1.3. You acknowledge and agree that you shall be solely responsible for providing accurate and complete information of your Products. It is your responsibility to upload and maintain such information when listing your Products on the Platform. The Platform shall not be liable for any inaccuracies, omissions, or misrepresentations in the information provided by you.
4.1.4. You shall also be responsible for updating the information about the Products or the information about yourself as and when required, especially regarding the availability of the Products or otherwise.
4.1.5. As a Vendor on this Platform, you are solely responsible for providing accurate and up-to-date product descriptions, including any claims related to green certifications or environmental attributes. This includes, but is not limited to, certifications such as Life Cycle Assessment (LCA), Environmental Product Declaration (EPD), and other relevant certifications issued by recognized third-party authorities or organizations. You warrant that all information provided about your Products is truthful, complete, and not misleading.
4.1.6. You understand and agree that the Company does not verify, validate, or endorse any green certifications or environmental claims made by Vendors. The Company expressly disclaims any responsibility for the accuracy, authenticity, or validity of any green certification or environmental claim presented by you. Furthermore, you shall indemnify and hold the Company harmless from any claims, damages, or liabilities arising from inaccuracies, misrepresentations, or errors in the product descriptions or green certifications provided by you.
4.1.7. In the event that the Company becomes aware of any discrepancies or misrepresentations in your product descriptions or green certifications, including those related to LCA or EPD claims, the Company reserves the right to suspend or remove your Products from the Platform without prior notice.
5. PLATFORM CHARGES
5.1. Subscription Plans:
5.1.1. We offer monthly subscription plans for our Services on our Platform to the Vendors, including Freemium and Premium:
5.1.1.1. Freemium Plan: As the name suggests, for Freemium Plan there is no monthly fee and is free of cost. This plan is designed specifically for small businesses and new Vendors. The Freemium Plan allows Vendors to list up to 5 Products on the Platform through their Module(s). In addition to Product listings, Vendors will have access to essential features such as order management and the ability to receive reviews and ratings from Buyers for their Products. Support for the Freemium Plan is provided through both email and phone channels, ensuring Vendors can get assistance when needed. This plan is intended to help new and small Vendors establish their presence on the Platform without incurring any initial costs.
5.1.1.2. Premium Plan: For Vendors opting for the Premium Plan, which is perfect for established businesses seeking maximum exposure and sales growth, the monthly fee is Rs 5000/- exclusive of GST. This plan offers unlimited Product listings, allowing Vendors to showcase their full range of Products. Premium Plan subscribers will benefit from a dedicated account manager, providing personalised support and assistance from Hubeco. Additional features include, without limitation, comprehensive order management, the ability to receive product reviews and ratings, and enhanced marketing support. Vendors will also gain access to sales and revenue analytics, as well as listings of projects where their Products are deployed and/or their Buyers list on their Module, all aimed at maximising visibility and driving business growth.
5.1.2. You need to select a subscription plan at the time of registration that aligns with your requirements and is suitable for the size of your business. The detailed features and pricing of all Vendor subscription plans are available at Plans.
5.1.3. You shall have the option to choose between starting with the Freemium plan or opting directly for the Premium plan upon onboarding. This flexibility allows you to select the plan that best suits your immediate business needs and growth objectives from the outset of your engagement with our Platform.
5.1.4. The Company shall issue invoices to you for each subscription purchased or renewed on the Platform. The Company will generate and provide the invoice to the Vendor within two (2) business days following the purchase or renewal of the subscription. It is the Vendor's responsibility to ensure timely renewal of their subscription for continued utilisation of the Platform and services. Failure to renew the subscription may result in the Vendor’s account being downgraded from a Premium subscription to a Freemium subscription. As a result, access to premium features and functionalities will cease, and any Premium features associated with the subscription will no longer be available. For example, if the Vendor is using Premium features that allow the listing of six Products and they fail to renew, the number of visible Products may be reduced in accordance with the Freemium plan. You agree to ensure that all information provided during the subscription process is accurate and up-to-date. The Company shall not be liable for any delays or errors in the invoice issuance resulting from inaccurate or incomplete information provided by the Vendor.
5.2. Payment Terms:
5.2.1. You are authorised to use valid credit/debit cards, or any other accepted payment methods, including online banking facilities, for the purpose of purchasing the subscription plans on our Platform. You are required to provide accurate and complete details of your credit/debit cards, Unified Payment Interface (UPI) details (if applicable) or online banking accounts. It is your responsibility to ensure the correctness of the information provided, and any incurred costs, expenses, losses, or damages resulting from the submission of incorrect details are solely your responsibility.
5.2.2. We disclaim any responsibility and liability for any loss or damage incurred by you during the utilisation of available payment methods on the Platform. This includes but is not limited to, instances such as:
5.2.2.1. Lack of authorization for a transaction;
5.2.2.2. Exceeding the mutually agreed preset limit between you and the respective bank;
5.2.2.3. Payment issues arising from the transaction; and/or
5.2.2.4. Transaction being declined due to any other reasons.
5.2.3. All payments made against the purchases on the Platform by you shall be compulsorily in Indian Rupee (INR). The Platform will not facilitate transactions concerning any other form of currency with respect to the purchases made on the Platform. If you choose to pay using a different currency, the applicable conversion rate will apply, and any conversion costs will be borne by you alone.
5.2.4. We use PayU as a provider of payment gateway services (“Payment Processor”) on the Platform. You acknowledge and agree that any payment made on the Platform shall also be subject to the terms and conditions of PayU which can be found here.
5.2.5. By accepting these Terms, you expressly authorise us and the Payment Processor to electronically collect, process, facilitate, and remit payments, including the subscription amount, through electronic means on the Platform.
5.2.6. You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor financial service. Instead, we function as a facilitator, offering an electronic, automated online payment, and remittance facility for transactions on the Platform through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving itself from such responsibilities.
5.2.7. We affirm that the information provided by you in this regard will be treated as confidential and will not be divulged to any third party, except as necessitated by the applicable laws, regulations, and/or processes of any government authority, and/or in connection with any judicial proceedings pertaining to legal actions, suits, and/or proceedings arising from or related to these Terms.
5.2.8. We diligently report and pursue both confirmed and suspected instances of credit/debit card fraud. We may request additional authorization from you and the decision to seek further authorization rests solely with us. We retain the right to annul, postpone, decline delivery, or retract any transaction in case of suspected fraud. We shall not be held liable to you for any losses arising from such cancellation.
5.2.9. During the transaction process, we collect specific information such as user ID, time, date, IP address, and other relevant details aimed at identifying individuals involved in fraudulent activities. In cases where a transaction is suspected to be fraudulent, all records will be provided, with or without notice, to law enforcement agencies and the credit/debit card company for a thorough fraud investigation. We are committed to collaborating with authorities to ensure the prosecution of offenders to the maximum extent permitted by law.
5.2.10. You can manage your payment settings through your Accounts. Payments are processed securely through the Platform's designated payment gateway.
5.2.11. We reserve the right to periodically review and adjust pricing terms to adapt to market dynamics and ensure the sustainability of our services. In such cases, we will notify you in advance through email of any impending adjustments to pricing or terms of service.
6. CHARGEBACK POLICY
6.1. Chargeback by Vendor for Subscription Plans:
6.1.1. If at any time, we record a decline, chargeback, or other rejection of a charge for any payable fees due directly to our Platform on your Account (“Vendor’s Chargeback”), this will be considered a breach of your payment obligations hereunder. Consequently, your Account will be automatically reverted to our Freemium plan.
6.1.2. When you are reverted to the Freemium plan, in the event that plan's limits, including features that are offered, are exceeded, any data exceeding the plan's allocated limits will be retained for a period of one (01) month. If you fail to pay the necessary subscription fee for the Premium Plan and these limits continue to be exceeded after this period, the excess data will be permanently deleted after one one-month retention period as specified in this Clause.
6.1.3. You agree that if a Vendor’s Chargeback is initiated and determined to be unjustified or fraudulent, we reserve the right to impose such fees to cover administrative costs incurred. You will be liable to pay within seven (7) days following the date of our written request:
6.1.3.1. An amount equal to the amount of the Vendor’s Chargeback;
6.1.3.2. All third-party expenses incurred by us in relation to the Vendor’s Chargeback, including charges made by our or your bank or payment processor or card issuer;
6.1.3.3. An administration fee in addition to taxes;
6.1.3.4. All our reasonable costs, losses, and expenses incurred in recovering the amounts, including without limitation legal fees and debt collection fees.
6.1.4. If you have any inquiries or concerns regarding a payment made to our Platform, we strongly recommend reaching out to us at info@hubeco.market before initiating a Vendor’s Chargeback or reversing the payment. This proactive step ensures that your subscription is not downgraded to the free plan. Additionally, it helps avoid unwarranted or erroneous Vendor’s Chargebacks, which could result in downgrading your subscription plan.
6.1.5. We retain the right to dispute any Vendor’s Chargeback received. This may involve providing the relevant credit card company or financial institution with pertinent information and documentation demonstrating that you authorized the transaction and received or utilized the rendered services. In such cases, you may be required to repay all fees associated with the Services purchased and subsequently charged back.
6.2.1. A chargeback by Buyers (“Buyer’s Chargeback”) is a request initiated by Buyers to reverse a transaction due to specific issues, as outlined in clause 6.2.3.
6.2.2. You acknowledge that any Buyer’s Chargeback must be initiated within 7 days from the transaction date.The requests for Buyer’s Chargeback can be submitted by contacting Hubeco customer service.
6.2.3. Upon receiving a Buyer’s Chargeback request, our support team will determine whether such request is eligible or not. To determine the eligibility, the following factors (including but not limited to) are taken into consideration:
6.2.3.1. If the Buyer purchased a Product and it is not delivered by you within the estimated delivery date;
6.2.3.2. If the Product delivered by you is different from the description of the Product that was ordered by the Buyer; and/or
6.2.3.3. If you fail to meet the quality standards of the product and the Buyer is not satisfied.
6.2.4. Further, Hubeco's support team will conduct a thorough review of the provided evidence and may contact you for additional information. You may be required to provide evidence to substantiate your claim, which may include photographs, payment records, or any other relevant documentation. Optionally, we may require the Buyers to furnish such required information and documents to support their claim. The review process will be completed within 14 days of receiving the Buyer’s Chargeback request.
6.2.5. If the Buyer’s Chargeback request is approved, the Buyer will receive a full refund within 7 business days from the Vendors. If the request is denied, a detailed explanation will be provided to the Buyer, and the transaction will remain unchanged.
6.2.6. In the event of a disagreement, Buyers and Vendors are encouraged to resolve the issue amicably through our dispute resolution process. If the dispute is not resolved, Hubeco will render a final decision based on the available evidence. This decision will be binding on both parties.
6.2.7. To minimize Buyer’s Chargebacks, you need to provide accurate product descriptions, ensure timely delivery, and maintain high-quality standards. You are required to respond promptly to Buyer’s Chargeback inquiries and cooperate with Hubeco during the investigation process. Repeated Chargebacks against you may result in penalties or suspension from the Platform.
6.2.8. Any costs incurred by Hubeco in this process will be adjusted in the payments made by you.
7. CANCELLATION OF YOUR SUBSCRIPTION PLAN
7.1. You may cancel your subscription plans at any time by accessing your Account settings on the Platform. It should be noted that subsequent subscription payments for the Premium Plan are due and payable 30 days after the initial subscription date. Please note that, due to the monthly subscription nature, refunds are not available if the subscription is terminated before the end of the monthly billing cycle.
7.2. Please note that if you fail to renew your Premium plan or fail to pay the Premium subscription fee, you shall be automatically reverted to the Freemium plan.Freemium Plan. In such cases, any features that are offered to Premium subscribers will no longer be accessible. You will be limited to listing only 5 Products in the Freemium plan.
7.3. If you are dissatisfied with the quality of our Services, please promptly contact us to express your concerns. We will address your complaints as soon as possible. To terminate your agreement, you must clearly inform us of your decision to withdraw from the agreement by email at info@hubeco.market before the 30-day notice period. We will acknowledge receipt of your cancellation promptly.
7.4. Plan Apportionment:
7.4.1. Please note that changing/switching your subscription plan in the middle of a current subscription period will be subject to the following conditions:
7.4.1.1. If you upgrade your plan from Freemium to Premium at any time, the fee shall be charged and payable from such date, and the new subscription period will start from the date of the upgrade.
7.4.1.2. If you downgrade your plan from Premium to Freemium at any time, the fees for the remaining subscription period shall not be refunded. The new subscription period will start from the date of the downgrade.
7.5. Loss of Data, Content, and Capacity:
7.5.1. If your Account or any Services or third-party services related to your Account are cancelled (whether at your request or at the Platform's discretion), it may cause or result in the loss of certain content, features, or capacity of your Account, including your Content, any analysis, lists of projects or Buyers or other usage data retained therein (“Capacity Loss”). We shall not be liable in any way for such Capacity Loss, or for saving a backup of your Account, Content, or such other data. Please also note that additional fees may apply to the re-activation of your Account and/or any Services following their cancellation, as determined by the Platform in its sole discretion.
7.5.2. Following the termination of your Account, we reserve the right to delete all data in the normal course of operation. Data cannot be recovered once your Account or access to our Services is terminated.
8. LICENCE FOR PLATFORM ACCESS
Subject to your compliance with these Terms and the payment of applicable fees, if any, we provide you with a limited licence to access and make personal use of this Platform. However, you are not authorised to download any content (other than page caching) or modify the Platform, or any portion of it, except with our express written consent.This licence explicitly excludes any resale or commercial use of this Platform or its contents, the collection and use of any product listings, descriptions, or prices, any derivative use of this Platform or its contents, any downloading or copying of Account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools.
9. CONFIDENTIALITY
9.1. For purposes of these Terms, “Confidential Information” means any information or materials disclosed by or on behalf of the Company or the Vendor to the other party before, on, or after the Effective Date that:
9.2. For the purposes of this clause, the “Disclosing Party” shall mean the party who has disclosed its Confidential Information to the other party in furtherance of the fulfilment of the purposes of this Agreement, and “Receiving Party” shall mean the party who has come into the possession of or with whom the Confidential Information has been shared by the Disclosing Party. Both Disclosing Party and Receiving Party shall be collectively referred to as “Parties”.
9.3. The Parties agree and acknowledge that the Confidential Information shall not include information that:
9.4. The Parties agree and undertake as follows:
9.5. For the sake of clarity, the restrictions placed on Confidential Information under this Clause shall remain in force indefinitely.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Ownership Rights:
10.1.1. You acknowledge that no ownership of the Platform is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive property of the Company, its affiliates, or its licensors.
10.2. Intellectual Property Rights:
10.2.1. All rights, title, and interest in and to the Platform, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the Platform Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to the Company.
10.2.2. Subject to the provisions of these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our Platform strictly for its intended purposes. This licence explicitly does not confer any ownership rights to you, and any unauthorised use constitutes a material breach of these Terms.
10.2.3. All copyright and other intellectual property rights in the material on our Platform are reserved.
10.2.4. All intellectual property rights discovered, developed, or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Platform or the provision of any Services will automatically vest in and are assigned to us, including any enhancements, improvements and modifications to the Intellectual Property. You must not represent to anyone or in any manner whatsoever that you are the proprietor of the Platform and/or Intellectual Property.
10.2.5. We respect the intellectual property rights of others, and you are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company's or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content.
10.2.6. These Terms of Sale permit you to use the Platform for your personal use only. This means you are not permitted to resell or give away any of the content you view or download. You are not permitted to reproduce, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Platform, except as follows:
10.2.6.1. Your computer may store copies of such materials in RAM incidental to your accessing and viewing those materials.
10.2.6.2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
10.2.6.3. You may print or download a reasonable number of pages of the Platform for your own personal use and not for further reproduction, publication, or distribution.
10.2.6.4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user licence agreement, if any, for such applications.
10.2.6.5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
10.2.7. You must not:
10.2.7.1. Modify copies of any materials from this Platform.
10.2.7.2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
10.2.7.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
10.2.8. These Terms do not convey any right or interest in or to the Company's Intellectual Property (or any part thereof), except only for the limited licence expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company's Intellectual Property rights under any law.
10.3. Use of Your Intellectual Property:
10.3.1. You retain ownership rights to your Content. By providing us with the Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content. To the extent that your Content includes personal information of you or third parties, it will be handled in accordance with our Privacy Policy.
10.3.2. You acknowledge and agree that:
10.3.2.1. if you elect to upload any information or any Content to the Platform you:
10.3.2.1.1. represent and warrant that you either have the rights in that information or Content or have the necessary permission to upload, post, transmit or otherwise make available that information or Content via the Platform;
10.3.2.1.2. are solely responsible for that information or your Content and that we will not be liable for any loss, expenses, liabilities, costs, or damages that are caused by the information you provide on the Platform; and
10.3.2.1.3. you have procured all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Platform or the Services to you.
10.3.2.2. For the avoidance of doubt, and in accordance with all applicable privacy laws, it is your responsibility to ensure that you have received prior consent from the third party required for you to provide to us their information for use under these Terms.
10.3.2.3. You agree that we may refer to you, your business name, publish your logo and/or trademark and make reference to you as a customer of ours in any communications or publications for the purposes of marketing or promoting our business provided that any proposed communication or reference is approved in writing in advance by you.
11. REPORT COPYRIGHT INFRINGEMENTS
11.1. You agree not to upload or transmit any communications or your Content that infringe or violate the rights of any party while using the Platform. We do not permit infringing materials to remain on the Platform and encourage users to promptly notify us if they believe any materials on the Platform, including advertisements or linked Content, infringe third-party copyrights.
11.2. Upon receipt of a proper notice of claimed infringement under the Copyright Act, 1957 (the “Act”), we will respond promptly to remove or disable access to the allegedly infringing material. We will follow the procedures specified in the Act to resolve the claim between the notifying party and the alleged infringer responsible for the Content.
11.3. To report copyright infringement issues, please reach out to us at info@hubeco.market.
11.4. We reserve the right to terminate contractual relationships with third parties who repeatedly infringe the copyrights of others.
11.5. In the event that we receive notice regarding a copyright infringement, we may cancel your Account, or remove the Content in our sole discretion, with or without prior notice to you. Any notices filed pursuant to this may be deemed accepted, applicable, and compliant with the Act, or not, at our sole reasonable discretion. We reserve the right to notify the person or entity providing the infringement notice of such an action and provide any details included therein.
11.6. The Company has no obligation to monitor or enforce any intellectual property rights that may be associated with the Content you provide to us, but the Company does have the right to enforce such rights through any means it sees fit.
12. ACCEPTABLE AND PROHIBITED USES
12.1. Subject to your compliance with these Terms, including the 'Prohibited Uses' defined in Clause 12.6 below, we grant you a non-exclusive, non-transferable, revocable licence to:
12.2. Subject to compliance with these Terms, we may offer to provide the Services, as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own use and are not to be used or exploited for the benefit of any third party.
12.3. The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of any content on the Platform or Content.
12.4. You agree to be polite and respectful when you communicate or interact with others on the Platform or otherwise as a result of accessing our Services.
12.5. You agree to not encourage others to create an Account, leave a review, or otherwise interact with a third-party website, application, or service unless authorised by us.
12.6. Prohibited Uses:
Additional activities that are prohibited:
You may not access or use the Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
You agree not to:
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
13. PROFANITY POLICY
14. EMAIL ABUSE AND THREAT POLICY
15. FAIR USAGE POLICY
16. CLAIMS AGAINST OBJECTIONABLE CONTENT
16.1. While you have the responsibility to ensure that the Product specification page on the Platform includes accurate and compliant details, including but not limited to:
If you encounter objectionable content, including content that falls within any provision of these terms, please contact us at info@hubeco.market.
17. VENDOR REPRESENTATIONS
17.1. By using the Platform, you represent and warrant that:
18. LINKS TO THIRD-PARTY WEBSITES
18.1. We may provide links to third-party sites on our Platform as a convenience to you. You hereby acknowledge that when you access third-party sites, you do so at your own risk.
19. PLATFORM AVAILABILITY
20. SECURITY OF YOUR INFORMATION
Please take a moment to review our Privacy Policy, which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations.
If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.
21. TERMINATION
21.2. If we terminate or suspend your Account for any reason, you are prohibitedfrom registering and creating a new Account under your name, a fake orborrowed name, or the name of any third party, even if you may be acting onbehalf of the third party. In addition to terminating or suspending yourAccount, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
21.3. We reserve the right to immediately suspend or terminate your access to ourPlatform and/or Services in the event you breach or default on any obligationthat is incapable of being cured. If the default is capable of cure but remainsuncured within fifteen (15) business days after receiving notice of suchdefault, the Company reserves the right to suspend or terminate your access.For the purposes of this provision, a material breach shall include, but is notlimited to, any violation of the clauses outlined in these Terms.
21.4. We may terminate the access to our Platform and/or Services by providingwritten notice to you if:
21.4.1. you fail to remedy a material breach of these Terms within two (02)days of being notified of the breach;
21.4.2. you become bankrupt, enter a voluntary arrangement, are inliquidation or receivership, cease business, threaten to ceasebusiness, or are otherwise insolvent.
21.5. You have the liberty to terminate your Accounts whenever you wish byadhering to the instructions that are clearly outlined on the Platform.
21.6. Clauses including Indemnity, Disclaimer, and Limitation of Liability shallsurvive termination of these Terms.
22. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Platform and/orServices at any time or for any reason at our sole discretion without notice. However, wehave no obligation to update any information on our Platform. We cannot guarantee that theServices will be available at all times. We may experience hardware, software, or otherproblems or need to perform maintenance related to the Platform, resulting in interruptions,delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, orotherwise modify the Services at any time or for any reason without notice to you. You agreethat we have no liability whatsoever for any loss, damage, or inconvenience caused by yourinability to access or use the Platform during any downtime or discontinuance of thePlatform. Nothing in these Terms will be construed to obligate us to maintain and support thePlatform or to supply any corrections, updates, or releases in connection therewith.
23. WARRANTIES AND DISCLAIMERS
24. LIMITATION OF LIABILITY
28. CONTACT
If you require further information or have any inquiries or concerns regarding the Terms of Sale, please do not hesitate to contact us in writing at:
Email: info@hubeco.market