Terms of Service    
THE AGREEMENT: The use of this website and services on this website provided by Designs Via (hereinafter referred to as "Website" and "App") are subject to the following Terms of service, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this website ("Services").
DEFINITIONS
"Agreement" denotes this Terms of Service and the Privacy Policy and other documents provided to you by the website.
"We," "us," and "our" are references to DESIGNSVIA.COM.
"User," "You," and "your" denotes the person who is accessing the website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this website.
" Website" and "App" shall mean and include Designs Via and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS OF SERVICE THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
•    YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
•    LIMITATIONS OF OUR LIABILITY TO YOU; AND
•    A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see "Changes to these Terms" below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DESIGNS VIA.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
PAYMENT 
You must pay with one of the following:
1.    A valid credit card acceptable to Designs Via.
2.    A valid debit card acceptable to Designs Via.
3.    Sufficient funds in a checking or savings account to cover an electronic debit of the payment due.
4.    Another payment option Designs Via provides to you in writing.
5.    If your payment and registration information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
6.    If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
THE PLATFORM CONNECTS VENDORS AND CUSTOMERS
The Designs Via Platform is a web-based two-sided marketplace that enables connections between Customers and Vendors. "Customers" are individuals and/or businesses seeking to buy products from Vendors and are therefore Customers of Vendors, and "Vendors" are businesses seeking to deliver products and Services to Customers. Customers and Vendors together are hereinafter referred to as "Users." If you agree on the terms of a Task with another User, you and such other user form a Service Agreement directly between the two of you as set forth in more detail.
VENDORS ARE INDEPENDENT BUSINESS OWNERS. VENDORS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS, OR FRANCHISEES OF DESIGNS VIA. DESIGNS VIA DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, DESIGNS VIA OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH SERVICE PROVIDERS (VENDORS) WHO WISH TO PERFORM A VARIETY OF SERVICES.
USERS HEREBY ACKNOWLEDGE THAT DESIGNS VIA DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL, OR MONITOR A VENDOR'S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Designs Via Platform to a Vendor being licensed or credentialed in some manner, or "badged," "reliable," "reliability rate," "elite," "great value," "background checked," "vetted," (or similar language) designations indicates only that the Vendor has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification, or guarantee by Designs Via of such Vendor's skills or qualifications or whether they are licensed, insured, trustworthy, safe, or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Vendors whom they select, interact, or contract with via the Designs Via Platform.
The Designs Via Platform enables connections between Users for the fulfillment of Services. Designs Via is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Vendors, or Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Designs Via makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the Designs Via Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Vendor Background Checks and User Representations and Warranties
Vendor Background Checks
Vendors may be subject to a review process before they can register for and during their use of the Designs Via Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ("Background Checks"). Although Designs Via may perform Background Checks, Designs Via cannot confirm that any User is who they claim to be, and Designs Via cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don't know. Designs Via will not be liable for any false or misleading statements made by Users of the Designs Via Platform.
NEITHER DESIGNS VIA, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "AFFILIATES") IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DESIGNS VIA PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DESIGNS VIA AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DESIGNS VIA PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
•    You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older) and are otherwise capable of entering into binding contracts.
•    You have the right, authority, and capacity to enter into this Agreement and to abide by the Terms of service of this Agreement, and that you will so abide.
•    You have read, understand, and agree to be bound by these Terms of Service, the Privacy Policy, and the Happiness Pledge applicable to the country where the service is performed.
•    Services shall only be performed in a country where the Designs Via Platform has a presence.
•    You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Designs Via in connection with the Designs Via Platform without the prior written consent of Designs Via and/or the relevant user, as applicable.
•    You will act professionally and responsibly in your interactions with other Users.
•    You will use your real name or business name on your profile.
•    When using or accessing the Designs Via Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith.
•    You will not use the Designs Via Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
•    Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
•    Other than as fully and promptly disclosed in writing to Designs Via, you do not have any motivation, status, or interest that Designs Via may reasonably wish to know about in connection with the Designs Via Platform, including without limitation, if you are using or will or intend to use the Designs Via Platform for any journalistic, academic, investigative, or unlawful purpose.
Vendors additionally represent and warrant that:
•    When using the Designs Via Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity.
•    You are customarily engaged in an independently established business of the same nature as the services performed for Customers through the Designs Via Platform and maintain an independent Customerele.
•    You have the unrestricted right to work in the jurisdiction in which you will be performing Services.
•    If the service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration.
•    You have all insurance required to operate your business and provide your services.
•    You will use your real name or business name and an up-to-date photo on your profile.
•    You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the service (s) as agreed upon with your Customer; and providing timely, high-quality services to your Customers.
•    You will only offer and provide services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.
GENERAL CONDITION
•    We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
•    We make material changes to these Terms of service from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
•    The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the service for your private, personal, non-commercial use, subject to all the Terms of service of this Agreement as they apply to the service.
LICENSE TO USE WEBSITE
We may provide you with certain information because of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
USER CONTENT
Content Responsibility. 
The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
•    Contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
•    Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
•    Violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
•    Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
•    Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
•    Uses or attempts to use another's account, password, service, or system except as expressly permitted by the terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.
•    Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
•    Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of Designs Via, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
USER OBLIGATIONS
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of designsvia.com.
•    You further agree not to use the Website or Services:
•    To harass, abuse, or threaten others or otherwise violate any person's legal rights.
•    To violate any of our intellectual property rights or any third party.
•    To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
•    To perpetrate any fraud.
•    To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
•    To publish or distribute any obscene or defamatory material.
•    To publish or distribute any material that incites violence, hate, or discrimination towards any group.
•    To unlawfully gather information about others.
ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the product or services on the website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the website.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services.
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
INDEMNIFICATION
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the designsvia.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Designs Via, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
SPAM POLICY
You are strictly prohibited from using the website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our Website.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.
SERVICE INTERRUPTIONS
We may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.
TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
GENERAL PROVISIONS:
1.    JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of United States without giving effect to any principles of conflicts of law. The Courts of United States shall have exclusive jurisdiction over any dispute arising from the use of the website.
2.    ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of designsvia.com will bind and inure to any assignees, administrators, successors, and executors.
3.    SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
4.    NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
5.    HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
6.    NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
7.    FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
8.    ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the website or email us support@designsvia.com.

This document was last updated on August 9, 2022

Designs Via Business Solutions Agreement   
THIS DESIGNS VIA SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND DESIGN VIA. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES.
As used in this Agreement, "we," "us," and "Designs Via" means the applicable Designs Via Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern, and the applicable Service Terms will prevail over the Program Policies.
Before you request to join the corresponding category of subscribed Vendors (hereinafter, the "Category"), you must carefully read and comply with all the contents of this agreement. Please read the contents of all the clauses carefully, and make sure you understand them, including, without limitation, the clauses on Designs Via' exemption or limitation of liability, the clauses on the limitations of the Vendor (as this term is defined below) rights and the clauses on conflict resolution, Applicable Law, and jurisdiction. If you have any questions about any clause in this agreement, please contact us through the Designs Via customer service, where you will be provided with the relevant explanations. If you disagree with any contents of this agreement or do not clearly understand the explanations of the clauses given by Designs Via, please refrain from any further action.
By accepting this application (as applicable), you agree to be bound by the terms and conditions of this agreement. You acknowledge and agree that you have independently evaluated the desirability of sale of products and services on the Designs Via Platform and are not relying on any representation, guarantee, or statement other than as expressly set forth in this agreement; and hereby represent and warrant that you are lawfully able to enter contracts (for example you are not a minor) and that you are and will stay in consistence with this understanding. Also, if this arrangement is being consented to by an organization or other substance, at that point, the individual consenting to this concurrence for the benefit of that organization or element thus addresses and warrants that the person is approved and legitimately ready to tie that organization or element to this Agreement.
Access to Platform and Vendor Center
•    After going through and successfully completing the Signup Process, Designs Via shall provide the Vendor with a unique username and password to access the Vendor Center and complete the registration process.
•    The Vendor is responsible for maintaining up-to-date information pertaining to their business on Vendor Center, such as, but not limited to, address and bank account number. Designs Via is not responsible for any liability arising from incorrect information supplied by the Vendor.
•    The Vendor shall be solely responsible for the safety and security of its password and shall not disclose its password to any third party. The Vendor is solely responsible for any use of or action is taken under the password and shall fully indemnify Designs Via from any damages or injury resulting from any unauthorized use of its password.

•    Any correspondence or communication received through the Vendor Center and/or appointed email address shall be presumed to originate from and have been made with the approval of the Vendor, and Designs Via shall be entitled to rely on such correspondence or communication.
•    Every message sent to the Vendor through his registered email in the Vendor Center account or via Vendor Center, which did not receive an answer or written objection within 72 hours, will be worth agreement between Designs Via and the Vendor.
•    The Vendor shall complete a training module to be ready for operating on the Platform. The Vendor must pass this training and implement the learnings in their operations to start selling via Designs Via.
Vendor Performance
•    The Vendor agrees to respect and follow Designs Via's Policies and terms to operate their services smoothly and avoid the consequences of breaching the policy.
•    The Vendor agrees to respect and follow Designs Via' Policy and Terms of service. If any changes occur in the policy, the Vendor will be informed via email.
•    Designs Via measures Vendor performance on an ongoing basis and will share a weekly performance report with the ops score of the respective Vendor:
•    Designs Via will rank the Vendor based on performance. There are daily order limits associated with each rank.
•    Designs Via may, at any time, delist, downgrade, or upgrade the Vendor depending on commercial and operational performance without any prior notice to the Vendor.
•    Upon delisting, the Vendor may need to go through the training module again to re-list on Designs Via' Platform. Designs Via retains the right to blacklist Vendors who repeatedly breach delisting thresholds and retains sole discretion on how the re-listing process is managed.
•    Designs Via may, at its discretion, certain exempt Vendors from the daily order limitations and delisting criteria. These Vendors may instead be charged financial penalties if performance does not meet the Standard Ops Score. These financial penalties may be deducted from the payout released to the Vendor as per payment terms. Offenses that can lead to Penalties include, but are not limited to, the following:
o    High rate of Refund
o    Cancellations and orders
o    Slow fulfillment of orders
o    Selling counterfeit and illegal services
Vendor Obligations to Customer Service
•    Designs Via may forward questions or complaints received by Designs Via's Customer Service department regarding any sold Services(s) to the Vendor. The Vendor shall be obliged to respond to Designs Via on all such questions or complaints within thirty (30) hours of the receipt of such questions or complaints.
•    On receiving Vendor's response to any question or complaint, Designs Via shall promptly forward the response to the customer.
•    If a Vendor fails to respond to any question or complaint within forty-eight (48) hours of receiving the same, the Vendor or any of its Services may be de-listed from the Platform without further notice.
Term and Termination.
The term of this Agreement will start on the date of your completed registration for the use of a Service and continue until terminated by you as provided below or us. You may at any time terminate your use of any Service immediately on notice to us via Vendor Central, email, the Contact Us form, or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within seven days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other Vendors, customers, or Designs Via's legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means, including Vendor Central, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights, and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, of these General Terms survive.
License.
You grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Materials for the Services or other Designs Via services or service, and to sublicense the foregoing rights to our Affiliates and operators of Designs Via Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable Designs Via Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).
Representations.
Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the service (s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce's Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.
Disclaimer & General Release.
THE DESIGNS VIA SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE DESIGNS VIA SITES, THE SERVICES, AND VENDOR CENTRAL AT YOUR OWN RISK. EXCEPT THOSE SET FORTH IN SECTION ABOVE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DESIGNS VIA SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
BECAUSE DESIGNS VIA IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND VENDORS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES DESIGNS VIA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Limitation of Liability.
The platform and vendor center, including all content, software, functions, materials, and information made available on or provided in connection with the vendor's access to and use of the platform and the vendor center, are provided "as-is." the vendor acknowledges and confirms that it will access and use the platform and the vendor center at its own risk. To the fullest extent permissible by Law, designs via disclaims:

(i) any representations or warranties regarding this agreement, the contracts, or the transactions contemplated by this agreement, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
(ii) implied warranties arising out of a course of dealing, course of performance, or usage of trade; and
(iii) any obligation, liability, right, claim or remedy in tort, whether or not arising from designs via' negligence. Designs via do not warrant that the functions contained in the platform and vendor center will meet the vendor's requirements or be available, timely, secure, uninterrupted, or error-free, and designs via will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any contracts or transactions.
Designs via do not warrant that the functions contained in the platform and vendor center will meet the vendor's requirements or be available, timely, secure, uninterrupted, or error-free, and designs via will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any contracts or transactions.

Because designs via is not a party to the contracts between customers and vendors, if a dispute arises between them, the customer and vendor release designs via (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Designs via will not be liable (whether in contract, warranty, tort (including negligence, services liability, or other theory) or otherwise) to the vendor or any other person for the cost of cover, recovery, or recoupment of any investment made by the vendor in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this agreement, even if designs via has been advised of the possibility of those costs or damages. Further, designs via' aggregate liability arising out of or in connection with this agreement, the contracts or the transactions contemplated will not exceed at any time the total commission during the prior three-month period paid by the designs via.
Confidentiality and Personal Data.
All Customer information and data, designs, drawings, specifications, communications, whether written, oral, electronic, visual, graphic, photographic, observational, or otherwise, and documents supplied, revealed, or disclosed in any form or manner to the Vendor by Designs Via, or produced or created by the Vendor for Designs Via hereunder are the intellectual property of, and confidential to Designs Via and Vendor and shall be used solely by the Vendor for purposes of this agreement. All such information shall be treated and protected by the Vendor as strictly confidential and shall not be disclosed to any third party without the prior written consent of Designs Via and shall be disclosed within the Vendor's organization only on a need-to-know basis.
•    Both Parties may require their respective employees and other personnel involved in the performance of this agreement to execute an individual confidentiality agreement prior to any disclosure. Any non-disclosure agreement heretofore executed by the Vendor in connection with the sale of its Products and services under this agreement is hereby expressly incorporated within the contract.
•    Both parties shall immediately return to each other any information provided, either upon demand or upon the termination of this agreement, including all copies made by either Party.
•    Both Parties shall not publicize, disclose, or discuss the existence, content, or scope, whether generalities or details, of this agreement or make any reference to each other, the business of either to any third party by any means, and through any medium (including but not limited to advertising, web site references, photographs, articles, press releases or interviews, speeches, or programs) without obtaining prior written consent.
Selling on Designs Via Service Terms
The Selling on Designs Via Service ("Selling on Designs Via") is a Service that allows you to offer certain services directly on the Designs Via Sites.
This Selling on Designs Via Service Terms are part of the Agreement but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Designs Via. BY REGISTERING FOR OR USING THE SELLING ON DESIGNS VIA SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THIS SELLING ON DESIGNS VIA SERVICE TERMS. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF YOU HAVE ENTERED INTO A SEPARATE AGREEMENT THAT PERMITS YOU TO OFFER YOUR PRODUCTS AND SERVICES THROUGH A PARTICULAR DESIGNS VIA SITE (E.G., A VENDORS@ DESIGNS VIA PROGRAM AGREEMENT, MERCHANTS @DESIGNS VIA  PROGRAM AGREEMENT OR ANY PREDECESSOR OF THOSE AGREEMENTS), THEN TO THE EXTENT THAT YOU CONTINUE TO LIST AND SELL YOUR PRODUCTS AND SERVICES ON THAT DESIGNS VIA SITE PURSUANT TO SUCH SEPARATE AGREEMENT, TRANSACTIONS OF YOUR PRODUCTS AND SERVICES ON THAT DESIGNS VIA SITE AND ANY TAX SERVICES WE MAKE AVAILABLE UNDER THAT AGREEMENT ARE GOVERNED BY THE TERMS OF THAT AGREEMENT AND NOT BY THESE SELLING ON DESIGNS VIA SERVICE TERMS.
Commission
Designs Via may charge Vendors technical service fees as commission at 5% percentage of their sales on the Designs Via platform.
For the purpose of category development, Designs Via reserves the right to adjust the commission rate at its sole discretion basis with a 7-day prior written notification. The notification shall be published by Designs Via on the platform's website or delivered through intra-net messages to the Vendor.
Your Services Listings and Orders.
•    Products and services and Services Information. You will provide accurately and complete Required Services Information for each service that you offer through any Designs Via Site and promptly update that information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products and services (including packaging), and your offer and subsequent sale of any of the same on any Designs Via Site comply with all applicable Laws (including all minimum age, marking, and labeling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Program Policies), defamatory or obscene materials. You may not provide any information for or otherwise seek to offer any Excluded Products and services on any Designs Via Sites; provide any URL Marks for use, or request that any URL Marks be used on any Designs Via Site.
•    Services Listing; Order Processing. We will enable you to list Your Products and services on a particular Designs Via Site and conduct merchandising and promote Your Products and services in accordance with the Agreement (including via the Designs Via Associated Properties or any other functions, features, advertising, or programs on or in connection with the applicable Designs Via Site). We may use mechanisms that rate or allow customers to rate, Your Products and services and your performance as a Vendor, and Designs Via may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Products and services through the applicable Designs Via Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so and will remit them to you in accordance with this Selling on Designs Via Service Terms. We may permit certain customers to place invoiced orders for Your Products and services, in which case remittance of Sales Proceeds may be delayed according to each customer's invoicing terms. You will accept and fulfill invoiced orders in the same manner as you accept and fulfill non-invoiced orders, except as otherwise provided in this Agreement.
•    Shipping and Handling Charges. For Your Products and services ordered by customers on or through a Designs Via Site that are not fulfilled using Fulfillment by Designs Via, you will determine the shipping and handling charges subject to our Program Policies and standard functionality (including any category-based shipping and handling charges we determine, such as for products and services offered by Vendors on the Individual selling plan and BMVD Products and services generally). When we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling. Please refer to the Fulfillment by Designs Via Service Terms for Your Products and services that are fulfilled using Fulfillment by Designs Via.
•    Credit Card Fraud and Unpaid Invoices. We will bear the risk of (a) credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and (b) late payments or defaults by customers in connection with invoiced orders for Your Products and services, except, in each case, in connection with Vendor-Fulfilled Products and services that are not fulfilled strictly in accordance with the Order Information and Shipment Information. You will bear all other risks of fraud or loss.
Problems with Your Products and services.
•    Delivery Errors and Nonconformities; Recalls. You are responsible for any non-performance, non-delivery, misdelivery, theft, or other mistake or act in connection with the fulfillment of Your Products and services, except to the extent caused by: (a) credit card fraud for which we are responsible under the above Section; or (b) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your Products and services that are fulfilled using Fulfillment by Designs Via, if any, the Fulfillment by Designs Via Service Terms for the applicable Designs Via Site will apply to non-delivery, misdelivery, theft, or other mistake or act in connection with the fulfillment of those of Your Products and services. You are also responsible for any non-conformity or defect in, any public or private recall of, or safety alert of any of Your Products and services or other products and services provided in connection with Your Products and services. You will notify us promptly as soon as you have knowledge of any public or private recalls or safety alerts of Your Products and services or other products and services provided in connection with Your Products and services.
•    A-to-z Guarantee and Chargebacks. If we inform you that we have received or initiated a claim under the "A-to-z Guarantee" offered on a particular Designs Via Site or other dispute relating to the offer, sale, or fulfillment of Your Products and services (other than a chargeback), concerning one of Your Transactions, you will have 30 days to appeal our decision of the claim. If we find that a claim, chargeback, or dispute is your responsibility, you (a) will not take recourse against the customer and (b) are responsible for reimbursing us in accordance with the Service Fee Payments section of this Agreement for the amount paid by the customer (including taxes and shipping and handling charges, but excluding any Referral Fees that we retained as defined, and all other fees and expenses associated with the original transaction (such as credit card, bank, payment processing, re-presentment, or penalty fees) and any related chargebacks or refunds, to the extent payable by us.
•    We may establish a reserve on your account based on our assessment of risks to Designs Via or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.
Designs Via Advertising Service Terms
The Designs Via Advertising Service Terms govern your use of Designs Via Advertising, a Service that allows you to advertise your services. The Designs Via Advertising Service Terms apply to your use of the Ad Services.
Your use of the Ad Services (as defined in the Designs Via Advertising Agreement) is governed by the Designs Via Advertising Agreement. You accept the Designs Via Advertising Agreement, which may be updated from time to time by Designs Via in accordance with its terms. The Designs Via Advertising Agreement is available at https://advertising.Designs Via.com/terms. In the event of any conflict between the General Terms or Program Policies and the Designs Via Advertising Agreement with respect to the Ad Services, the Designs Via Advertising Agreement will prevail to the extent of the conflict. If the Designs Via Advertising Agreement is deemed unlawful, void, or for any reason is unenforceable; then the General Terms will govern your access to and use of the Ad Services.
Transaction Processing Service Terms
BY REGISTERING FOR OR USING ANY SERVICE OTHER THAN DESIGNS VIA ADVERTISING FOR WHICH THE ELECTED COUNTRY IS THE UNITED STATES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THESE TRANSACTION PROCESSING SERVICE TERMS FOR THAT SERVICE. NOTWITHSTANDING THE FOREGOING, IF A SEPARATE AGREEMENT GOVERNS THE OFFER, SALE, OR FULFILLMENT OF YOUR PRODUCTS AND SERVICES ON THE US DESIGNS VIA SITE, THE TERMS OF THAT AGREEMENT WILL CONTINUE TO GOVERN THE PROCESSING OF YOUR TRANSACTIONS TO THE EXTENT DESCRIBED IN THAT AGREEMENT.
Verification
We may at any time require you to provide any financial, business, or personal information we request to verify your identity. You authorize us to obtain from time-to-time consumer credit reports to establish or update your Vendor Account or in the event of a dispute relating to this Agreement or the activity under your Vendor Account. You agree to update all Vendor Account information promptly upon any change. The Designs Via Payments Privacy Notice applies to transactions processed by Designs Via Payments, Inc.
If there is no activity (as determined by us) in connection with your Vendor Account for the period set forth in applicable unclaimed property laws and we hold Sales Proceeds on your behalf, we will notify you by means designated by us and provide you the option of keeping your Vendor Account open and maintaining the Sales Proceeds in your Vendor Account. If you do not respond to our notice(s) within the time we specify, we will send the Sales Proceeds in your Vendor Account to your state of residency, as determined by us based on the information in your Vendor Account.
Early termination:
•    Unless otherwise agreed, either Party may terminate this Agreement by notifying the other Party in writing thirty (30) calendar days in advance, with no liability. If the Vendor clicks the "deregistration" button in the Designs Via Platform (if applicable) to request the termination of this Agreement, the Vendor shall be regarded as having made the communication in writing for the termination of this Agreement. The Vendor shall immediately enter the Deregistration Process.
•    Any Vendor commercializing special brands shall comply with the conditions listed here, or such successor site and/or domains as may be announced by Us from time to time, and may only terminate this Agreement with Designs Via' authorization after confirming that the following conditions are met:
•    There are no pending transactions involving services of the brands in their area.
•    There are no "Services Warranty Services" pending resolution for the products and services of the brands in their area.
•    There are no pending claims regarding the services of the brands in their area, and all compensations have been paid and settled.
•    In any of the following cases, Designs Via is entitled to immediately terminate the provision of the Category Services and/or the termination of this Agreement, with no liability:
•    You have provided false, inaccurate, unlawful, obsolete, or invalid information or documents, or the Vendor cannot prove the veracity, correctness, lawfulness, updated nature, or validity of its information or documents.
•    You have breached the laws, regulations, and policies of the relevant country (including the applicable Federal, State, regional, and local regulations), and, but without limitation, you have breached the applicable customs, taxation, consumer rights protection, data protection, and any other applicable regulations.
•    You have materially breached the Platform User Agreements or related regulations; designs Via has proceeded to deregister You or has terminated the Platform User Agreements signed with You.
•    You have committed or may commit other actions that seriously damage the interests or commercial reputation of Designs Via or the interests of Designs Via Platform users or any third party.
•    If the Vendor has not logged into Designs Via using the username and password of the Designs Via account for more than ninety (90) days, Designs, Via is entitled to terminate this Agreement.
•    The occurrence of or compliance with any other condition for termination stipulated in this Agreement leads to the termination of this Agreement.
Actions after the termination of the Agreement:
•    Once this Agreement has terminated, Designs Via does not have the obligation under this Agreement to keep any data or information pertaining to Category Services in the Vendor's account or forward any information to third parties and shall not be liable towards the Vendor or third parties due to the termination of this Agreement.
•    You hereby undertake to continue to comply, regarding the transactions conducted on the Designs Via Platform, with all applicable laws to said transactions without limitation, the applicable laws to sale to consumers, such as guarantees, post-sale services, data protection, and any other applicable regulations.
•    Regardless of the grounds for termination of this Agreement, any compensation or liability for actions prior to its termination shall be borne in its entirety by the Vendor.
•    Designs Via has the right to remove any information uploaded by the Vendor about the products and services under each category and any other related information when the Vendor leaves said category or due to the termination of this Agreement.
•    If the Vendor has reached a transactional agreement with a Designs Via buyer regarding a certain service, Designs, Via is entitled to cancel the said transaction at its own discretion. Designs Via has the right to notify the buyer in the transaction of the termination of this Agreement.
Actions prior to the termination of the Agreement:
•    Completing the Deregistration Process: when the Vendor requests the termination of or Designs Via takes the decision to terminate, the provision of the Category Services and/or this Agreement, the Deregistration Process shall start, and the Vendor shall:
•    Process and complete all ongoing transactions.
•    Process and complete all transactional disputes, controversies over the infringement of rights, or any other infringement or breach.
•    Comply with any sanction received, and pay any fine imposed.
•    Ensure that there are no other breaches of contract or pending and enforceable obligations under other contractual relations.
•    Once the Deregistration Process has started, Designs Via shall be entitled to suspend or terminate, totally or partially, the provision of the Category Services.
•    When the Vendor has completed the Deregistration Process for each category, should any payment have to be reimbursed, it shall be paid within thirty (30) business days from the Vendor's exit from each category. In the event of termination of this Agreement, the reimbursement shall be made within thirty (30) business days from its termination.
Notices
•    Once You have been included in a Category and have accepted the Designs Via Platform services, you must ensure the validity of the contact data provided in the Vendor profile (including your email address, telephone number, postal address, etc.). If your contact data change, you have an obligation to immediately provide the relevant data in English so that We can locate You.
•    The user account (including subaccounts) generated when You create your login into the Designs Via Platform to access the Designs Via Platform and receive website messages and information from the system and via any discussion forum provided by Designs Via and/or its affiliates shall be valid media for communication.
•    Communications sent by Designs Via: (i) if made in writing by electronic media, including, but without limitation, public communications on the Designs Via Platform, the text messages sent to the telephone number provided by You, the emails sent to the email address(es) previously provided by You, the system messages and the internal website messages shall be regarded as validly delivered when they are successfully sent; (ii) if made in writing in print, they shall also be regarded as validly delivered as of the fifth calendar day from the day the sending was done to the provided postal address(es).
•    Regarding any dispute arising from the transactional activities on the Designs Via Platform, you authorize the delivery of legal documents (including, without limitation, claims) from the judiciary authorities, arbitration courts, or administrative authorities through the media specified in clause 16.4 above or by any other media or by post. The mobile telephone number, the email address, and other channels for communication specified by You are the mobile telephone number, the email address, and other channels for communication provided during the registration and updating of your Designs Via Platform account. The legal documents sent by the judiciary, arbitration, or administrative authorities through the media above shall be regarded as delivered as stipulated in the previous clause. The postal address specified by You is your legal address for contact or the postal address that is valid for communications with which You have provided Us.
•    You accept that the judiciary, arbitration, or administrative authorities may send you legal documents through one or more of the media. When made through several media, the time of delivery shall be that of the medium which is first received.
•    You accept that the media for delivery shall apply to all the stages of the relevant judiciary, arbitration, or administrative procedures and that, should be said proceedings be initiated, they shall apply, including, without limitation, to the first and later instances, as well as to enforcement or follow-up proceedings.
•    You must ensure that the channels for communications provided are correct, valid, and duly updated. Should the delivery of any legal documents be delayed or prevented due to the inaccuracy of the channels for communication or the failure to update them after changes, you shall be responsible for any legal consequences that might arise.
Assignment of rights and obligations
The rights and authorizations of Designs Via under this Agreement may be totally or partially outsourced, assigned, transferred, licensed, delegated, or sublicensed to related companies or to any third party with no need for prior authorization from You. You may not transfer the rights and obligations under this Agreement to any third party without previous authorization in writing from Designs Via.
Miscellaneous
•    Regarding those material matters that are not agreed upon or not affected by this Agreement, the Designs Via Rules for the Vendors, the Platform User Agreements, or any other applicable rules of the Designs Via Platform shall apply.
•    Should any clause or part of a clause be declared to be invalid or not enforceable, said clause or part of a clause shall be removed, with the other clauses or part of the clause retaining their full legal effectiveness.
•    If any term or provision of this Agreement and/or Platform User Agreements shall be found by a court of competent jurisdiction to be illegal or otherwise unenforceable, the same shall not invalidate the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.
•    If not otherwise agreed by both Parties, the prevailing language of Designs Via Rule for Vendors this Agreement, if any other versions are provided, is English.
•    The validity, interpretation, modification, execution, and settlement of conflicts regarding these clauses shall be governed by the laws of the Special Administrative Region of the United States. Any controversies arising from the signing, fulfillment, or interpretation of this Agreement shall be settled by amicable agreement. Should an agreement not be reached, You and Designs Via accept to subject yourselves to the courts United States.

This document was last updated on August 9, 2022

Disclaimer and Limitation of Liability  
If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us through Contact Us form.
•    Designs Via does not give professional advice. Unless specifically included with the Services, Designs Via is not in the business of providing legal, financial, accounting, tax, health care, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
•    You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and Designs Via does not warrant that the Service and availability thereof will be uninterrupted or error-free. Designs Via does not assume any responsibility for errors or omissions in the information or software or other documents, including User Content, which are referenced by or linked to. References or links to third parties’ Platform/website s are provided “AS IS” without warranty of any kind, either express or implied.
•    Designs Via cannot guarantee that the information provided in our database is accurate, reliant, or complete. Designs Via is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
•    Our Platform/website or Services may be temporarily unavailable from time to time for maintenance or other reasons Designs Via. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
•    Under no circumstances will Designs Via. be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Platform/website or Services. Designs Via reserves the right to change any Content, software and other items used or contained in our Platform/website or Services, at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by our Platform/website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
•    In no event shall Designs Via or its affiliates, officers and/or employees be liable with respect to Designs Via for (i) in the aggregate, any amount in excess of the fees paid by you to subscribe to Designs Via (ii) lost profits, lost data, o failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use Designs Via; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
•    You agree that this limitation of liability is a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Designs Via and you. You understand that Designs Via would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
•    Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our Platform/website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result. we, as well as all our affiliates, are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. the negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and Designs Via.
•    Our Platform/website and services would not be provided without such limitations. no advice or information, whether oral or written, obtained by you from us through our Platform/website or services shall create any warranty, representation or guarantee not expressly stated in this agreement.
•    By using our Platform/website, you hereby consent to our disclaimer and agree to its terms. 
Limitation of warranties
The information on this Platform/website is provided “as is” without any representations or warranties, express or implied Designs Via makes no representations or warranties.
Without prejudice to the generality of the foregoing paragraph, Designs Via does not warrant that:
•    The information regarding Services on this Platform/website will be constantly available, or available at all.
•    The information on this Platform/website is complete regarding Different Services true, accurate, up-to-date, or non-misleading.
Please be also aware that when you leave our Platform/website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information
Contacting us
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact us or email us.

This document was last updated on August 9, 2022