Harvyst - terms-and-condition

1. Introduction

Welcome to Harvyst ("the Marketplace"). These Terms and Conditions ("Terms") govern your use of the Marketplace.
You must register for an account to have full access to our Services, and your registration is subject to our approval.
You must register for an account with the Marketplace to access and use certain portions of our Services. Registered users of our Services are “Users”, and unregistered users are “Site Visitors”.
Your Account registration is subject to approval by Harvyst. We reserve the right to decline a registration either to join Harvyst or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

2. User Accounts and Eligibility

You promise to use our Services for business purposes only. You also promise that you are eligible to enter into this Agreement, including because you are 18 years or older. You must provide accurate personal information when you sign up and you must update your account if your personal information changes. We can suspend or terminate your account if the information you give us is false, outdated, or incomplete. You will allow us to verify your identity, location, and business affiliations from time to time. You will keep your username and password secret and will not share them, and you will not use anyone else’s username and password.

2.1 To access and use certain features of the Marketplace, you will need to create a user account. You are responsible for maintaining the confidentiality of your account information and password.

2.2 You agree to provide accurate and up-to-date information during the registration process and to update this information as necessary.

2.3 You are solely responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized use of your account.

2.4 Harvyst offers the Services for your business purposes only and not for personal or consumer use. By registering for an Account or by using our Services, you represent that you:

a. Are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity). b. will use our Services for business purposes only. c. will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting. d. Are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18), and that you can form legally binding contracts.

2.5 To register for an Account to use our Services, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide accurate and complete information on your Profile—and on all registration and other forms you access while using our Services or provide to us—and you agree to keep that information current. You agree not to provide any false or misleading information about your identity or location, your business, the beneficial owner(s) of your business, your skills, or the services your business provides, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an Account.

2.6 When you register for an Account and periodically thereafter, your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Harvyst. You authorize Harvyst, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.

2.7 Each person who uses our Services must register for their own Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User.

3. User Conduct

3.1 You agree to use the Marketplace in compliance with all applicable laws and regulations.

3.2 You agree not to:

a. Violate any intellectual property rights or proprietary rights. b. Post or transmit any content that is illegal, harmful, threatening, abusive, or defamatory. c. Engage in fraudulent activities or misrepresentation. d. Use automated tools or software to access the Marketplace. e. Interfere with the operation of the Marketplace or the activities of other users. f. Move communications or purchases

4. Marketplace Services

4.1 The Marketplace facilitates transactions between buyers and sellers. We are not a party to these transactions and do not own, inspect, or guarantee the quality, safety, or legality of products or services listed by sellers.

4.2 Sellers are responsible for accurately describing their products or services, setting prices, and fulfilling orders. Buyers are responsible for reviewing product listings and making informed purchasing decisions.

5. Payments and Fees

Clients agree to designate a Payment Method and authorize us to charge that Payment Method.

5.1 Payments made on the Marketplace may be processed through third-party payment processors. By using the Marketplace, you agree to the payment processor's terms and policies.

5.2 Harvyst and our Affiliates may charge fees to sellers or buyers for the use of the platform. Other than the subscription fee for use of the Marketplace, other fees can be added or changed as anytime and will be highlighted in the marketplace for users to agree to before continued use of the site.

5.3 In order to use certain Site Services, Client must provide account information for at least one valid Payment Method. Client hereby authorizes Harvyst and our Affiliates as applicable, to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment, and to charge Client’s credit card (or any other Payment Method) for the Fees and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

5.4 By providing Payment Method information through the Site or by authorizing payments with the Payment Method, Client represents that:

Client is legally authorized to provide such information.
Client is legally authorized to make payments using the Payment Method.
If Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on Harvyst.
Such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law.

5.5 When Client authorizes a payment using a Payment Method via the Site, Client represents that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means. Harvyst is not liable to any User if Harvyst does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Harvyst will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement and any (if any) applicable Escrow Instructions.

6. Privacy and Communication

Prior to entering into a Service Contract, you agree to communicate with other Users exclusively through Harvyst.

6.1 Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Marketplace, you consent to our privacy practices.

6.2 The provisions of this Section apply to any interaction between Users where the Client has a Bronze, Gold, or Premium Marketplace Account.

For Users subject to this Section, Users agree to use the communication services available on the Site to communicate with other Users prior to entering into a Service Contract. You agree that prior to entering into a Service Contract, you:

Will use Harvyst as the sole manner to communicate with other Users.
Will not provide your Means of Direct Contact (defined below) to any other User or another person that you identified or were identified by through the Site.
Will not use Means of Direct Contact of another user to attempt to or to communicate with, solicit, contact, or find the contact information of a User outside of Harvyst.
Will not ask for, provide, or attempt to identify through public means the contact information of another User.
Will not include any Means of Direct Contact or means by which your contact information could be discovered in any profile, proposal, invitation, or pre-hire communication through the Site’s communications services (including in each case in any attached file), except as otherwise provided on the Site.

For purposes of the Terms of Service, “Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of the Site, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, or Facebook. Information is a Means of Direct Contact if it would enable another user to identify any of the information above through other sources, such as going to a website that included an email address or identifying you through social media. You acknowledge and agree that a violation of this Section is a material breach of the Terms of Service and your Account may be permanently suspended for such violations.

7. Intellectual Property

7.1 The Marketplace, its content, and all related intellectual property are owned or licensed by [Your Company Name]. You may not use, copy, or reproduce any content without our express written permission.

8. Termination

8.1 We reserve the right to terminate or suspend your access to the Marketplace at our discretion, without notice, for violations of these Terms or for any other reason.

9. Disclaimer and Limitation of Liability

If you do something using our Services that gets us sued or fined, you agree to cover our costs or losses as described below.

9.1 The Marketplace is provided "as is" and "as available." We make no warranties regarding its availability, accuracy, or reliability.

9.2 To the extent permitted by law, we disclaim all liability for any indirect, incidental, consequential, or punitive damages arising from your use of the Marketplace.

9.3 You will indemnify, defend, and hold harmless Harvyst, our other Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of:

a. Your or your agents’ use of the Services, including any payment obligations or default incurred through use of the Services. b. Any Work Product or User Content related to your use of the Services. c. Any Service Contract entered into by your business or suppliers. d. Your or your agents’ failure to comply with the Terms of Service. e. You or your agents’ failure to comply with applicable law. f. Negligence, willful misconduct, or fraud by you or your agents. g. You or your agents’ violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights.

For purposes of this section, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password. “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party. “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

10. Governing Law and Dispute Resolution

10.1 These Terms are governed by the laws of the state of [Your State]. Any disputes arising from or relating to these Terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

11. Changes to Terms and Conditions

11.1 We reserve the right to modify these Terms at any time. Any changes will be posted on the Marketplace, and your continued use of the Marketplace constitutes acceptance of the revised Terms.

12. Contact Information

12.1 For questions or concerns about these Terms, please contact us at hello@harvyst.us or 206-604-6169.