Terms of Service
Last Updated: 25th November 2024
Terms of Service Agreement
Welcome to Newdeal Network ("we," "us," or "our"). By accessing or using our peer-to-peer referral platform, including our website, mobile app, and any other services we provide (collectively referred to as the "Platform"), you ("User," "Referrer," "Seller," or "you") agree to comply with and be bound by these Terms of Service ("Agreement"). Please read this Agreement carefully before using the Platform.
If you do not agree to these Terms of Service, you may not access or use our Platform.
1. Definitions
Platform: The online marketplace operated by Newdeal Network where Referrers refer curated products to Leads (potential customers) for Sellers.
User: Any individual or entity that accesses or uses the Platform, either as a Referrer or a Seller.
Referrer: A registered User who refers or promotes curated products listed by Sellers to Leads through the Platform, in exchange for a referral fee, commission, or other compensation.
Seller: A registered User who provides curated products for sale on the Platform. Sellers list their products for purchase and fulfill orders placed by Leads who convert through Referrers' promotions.
Curated Products: Products listed on the Platform by Sellers that have been selected or curated for sale, typically featuring unique or high-quality offerings.
Lead: A potential customer referred to the Platform by a Referrer, who may eventually make a purchase or engage in further action based on the referral.
2. Eligibility
You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Platform. By agreeing to these Terms, you represent and warrant that you meet the eligibility requirements.
3. Account Registration
To access certain features of the Platform, you may need to create an account. When registering for an account, you agree to provide accurate and complete information and to keep that information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
4. Roles and Responsibilities of Users
Referrers
Referral Activities: Referrers promote curated products from Sellers to Leads through unique referral links, marketing efforts, or other promotional methods provided by the Platform. Referrers may earn referral fees, commissions, or other compensation for successful conversions (e.g., when Leads make purchases or take other desired actions via the referral link).
Compliance: Referrers must comply with all applicable advertising, marketing, and disclosure regulations, including providing clear and accurate information regarding the referral relationship.
Accuracy: Referrers are responsible for ensuring the accuracy and integrity of any claims or descriptions they make regarding the curated products they promote.
Sellers
Product Listings: Sellers are responsible for listing curated products accurately, including product descriptions, prices, availability, and any other relevant details. Sellers are also responsible for fulfilling orders placed by Leads who convert through Referrers' referrals.
Product Fulfillment: Sellers must ensure that they can fulfill orders in a timely and professional manner and that their products meet all applicable laws, regulations, and quality standards.
Leads
Lead Generation: Leads are individuals or entities referred to the Platform by Referrers. Leads may engage with the Platform, explore curated products, and may eventually make purchases or take other desired actions, such as signing up for services or subscribing to offers promoted by Referrers.
Conversion: Leads may convert into paying customers by purchasing curated products or engaging with the Seller’s offerings via a Referrer’s promotional efforts. Leads are not obligated to make purchases but are encouraged to take action based on the referral.
5. Marketplace Operations
Referral Process: The Platform connects Referrers with Sellers who list curated products. Referrers promote these products to Leads via unique referral links, codes, or other promotional tools provided by the Platform. Referrers earn compensation when Leads take specific actions, such as completing a purchase, registering an account, or engaging with a Seller's product or service.
Transaction Fees: We may charge transaction fees or commissions on successful referrals, either from the Referrer or the Seller. These fees will be clearly disclosed on the Platform.
Payments and Compensation: Referrers may receive compensation for successful referrals in the form of a commission, discount, or other agreed-upon benefits. The compensation structure will be outlined in the Referrer’s account settings or individual referral agreements.
6. Prohibited Activities
You agree not to use the Platform for any unlawful or prohibited purpose. Specifically, you agree not to:
Engage in fraudulent or deceptive activities, such as falsely claiming referrals or inflating product promotions.
Promote products in ways that violate applicable laws, advertising standards, or intellectual property rights.
Use the Platform for any illegal, harmful, or unethical marketing practices.
Violate third-party privacy rights, such as sending unsolicited messages or spam.
7. Intellectual Property
All content on the Platform, including logos, trademarks, text, graphics, and software, is the property of Newdeal Network or its licensors. You may not use, reproduce, or distribute any part of the Platform without our express written consent, except for the limited purpose of referring products or promoting curated listings as part of your use of the Platform.
8. Seller Listings and Content
Accuracy: Sellers are solely responsible for the accuracy, legality, and completeness of their curated product listings, including product descriptions, prices, and images.
Content Review: We may, but are not obligated to, review content posted by Sellers, Referrers, or Leads on the Platform and remove content that violates these Terms or is otherwise inappropriate.
9. Shipping and Delivery
Seller Responsibilities: Sellers are responsible for fulfilling orders, including packaging, shipping, and delivering goods in a timely manner. Shipping costs and timelines should be clearly stated in the product listing.
Lead Responsibilities: Leads are responsible for providing accurate shipping information when placing an order and may be responsible for any applicable taxes, duties, or shipping fees.
10. Returns, Refunds, and Disputes
Returns & Refunds: Sellers should specify their return and refund policies in their product listings. Leads should review these policies before taking any purchasing actions.
Disputes: In case of a dispute, Leads, Referrers, and Sellers are encouraged to resolve the issue directly. We may provide a dispute resolution process, but we are not responsible for resolving disputes unless explicitly stated.
11. Privacy and Data Protection
We respect your privacy and are committed to protecting your personal data. Please refer to our [Privacy Policy] [insert link] for details on how we collect, use, and protect your information.
12. Termination and Suspension
We may suspend or terminate your account if you violate these Terms or engage in harmful activities. You may also close your account at any time by contacting us. Upon termination, your access to the Platform will be revoked, but certain provisions of these Terms will continue to apply.
13. Limitation of Liability
To the fullest extent permitted by law, Newdeal Network shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Platform, including but not limited to damages resulting from transactions between Referrers, Sellers, and Leads.
14. Indemnification
You agree to indemnify and hold harmless Newdeal Network, its affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses arising out of your use of the Platform, your breach of these Terms, or your violation of any rights of another party.
15. Modifications to the Terms
We reserve the right to modify or update these Terms at any time. We will notify users of significant changes by posting an updated version on the Platform. Continued use of the Platform after changes have been made constitutes your acceptance of the revised Terms.
16. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in Delaware for any legal action arising out of or relating to these Terms. You further agree that any disputes will be resolved through [arbitration/mediation] conducted in Delaware and in accordance with the rules of [insert relevant arbitration organization, if applicable]. If arbitration or mediation is unavailable, disputes shall be brought exclusively in the state or federal courts in Delaware, and you consent to personal jurisdiction and venue in such courts.
17. Miscellaneous
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between you and Newdeal Network regarding the use of the Platform.
If you have any questions about these Terms of Service, please contact us at:
partnerships@newdeal.network