Last updated: 28.12.2020
Please carefully review these Terms and Conditions of Use (“Terms
”) before registering for or using the platform, outshifter.com and services offered by Outshifter AS. The Agreement sets out the legally binding terms and conditions for your use of the platform, outshifter.com, including any subdomains thereof, and services (hereinafter collectively referred to as the “Outshifter Platform
” or “Platform
”) offered by Outshifter AS. By using, accessing, or registering for the Outshifter Platform you agree to comply with and accept these Terms.When these Terms mention “we,” “us,” and “Outshifter” it refers to Outshifter AS. Outshifter AS is a limited liability company registered in Norway under the company registration number: 917648972 and address: Apotekergata 10, 0180 Oslo, Norway. This agreement is between you and Outshifter AS. By agreeing to these Terms, you confirm that you have the authority to agree on your behalf or on behalf of the company you represent as set forth in section 3 of this Agreement.
The following definitions are used in this Agreement:
” refers to a person or company using the Outshifter Platform as the receiving party of the product or service in transactions provided through the Outshifter Platform.
” means any person or company with access to online distribution channels, mediums, and social platforms that can be used for selling of products and services (see definition below) of products and services.
” means a person or company listing products or services available to be sold by means of the Outshifter Platform.
” includes both Suppliers and eSellers, it refers to any person, Customer or entity with an Outshifter Platform Account or any person, Customer or entity that is using the Outshifter Platform.
Platform Users alone are responsible for identifying, understanding, and complying to local laws and regulations, such as, but not limited to taxes, advertising and consumer protection regulations. Outshifter allows for user generated content in the form of User Profiles and Listings, thus Outshifter cannot guarantee the accuracy and applicability of this content. Whenever purchasing products and services from Suppliers utilizing the Outshifter Platform, the sales contract is with the Customer and the Supplier. Outshifter is at no point liable for the delivery of any kind of goods.
This Agreement is always available on the Outshifter Platform and through your Outshifter Profile.Table of Contents
The Scope of the Outshifter Platform2.
Changes and Modifications to the Agreement3.
Security - Loss of Account Information5.
Term and Termination6.
Copyrights & Trademark7.
Payments, Referral Fee, & Service Fee8.
Shipping, Returns, Customs and Cancelations
S.1 The Customer Relationship
S.2 Receiving Orders and Order Fulfilment9.
Content & Information About Listed Product and Services (Listings)10.
Prohibited Content, Items, Products and Services11.
Interactions on the Outshifter Platform13.
Suggestions and Feedback14.
Third Party Service Providers & Plug-Ins15.
Limitation of Liability18.
Governing Law and Jurisdiction19.
Contact1. The Scope of the Outshifter Platform
Outshifter AS provides users with e-commerce infrastructure and services which allow them to perform the action of placing products or services to different and multiple online mediums, channels, platforms and webpages and making them available for sale. The technical solution or functionality used to provide this service may differ amongst the various mediums, channels, platforms, and webpages. 1.2
Outshifter does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of the products and/or services listed on and through our platform and infrastructure. Users alone are responsible for their activities, listings, posts, and engagements. When Users of the Outshifter platform engage with one another to sell products and services, they are entering into contract directly with each other. Outshifter AS is not acting as an agent or representative on behalf of any of the Users utilizing our Platform. Outshifter is not liable for delivery of any kind of goods or services as a result of the transactional contracts made between Users, except as it pertains to payments and information. 1.3
Outshifter may contain direct links to third party platforms, services, websites and resources, as well as plug-ins to third party platforms, services, websites and resources. Such Third-Parties may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Parties, or the content, products or services available through and from them. Links and plug-ins to such Third-Parties are not an endorsement by Outshifter of said Third-Party. 1.4
While we strive to offer the best possible experience and service, we do not guarantee or control (i) the quality, safety, suitability, existence and legality of user created content and listings on the Outshifter Platform; or (ii) the performance, conduct, content and delivery of any User or Third-Party. Users are solely liable for how they act and present themselves through the Outshifter Platform. We do not endorse any of the products, services and content listed on, or facilitated by the Outshifter Platform. We do not take any responsibility and liability for any of the content and listings Users convey through the Outshifter Platform to Third-Party Services and their conduct on such Third-Party Services. 1.5
Due to the characteristics and structures of the internet, Outshifter cannot guarantee uninterrupted and constant access and availability to the Outshifter Platform. The Outshifter Platform will be unavailable at times for reasons such as, but not limited to, maintenance, updates, errors and failures. Outshifter is not liable for any losses of transactions in that time span. We will have no liability of any sort arising from any interruptions or errors in our site. Outhshifter and its officers, directors and employees shall not be held liable in any case for any direct, indirect, special, exemplary, consequential or incidental damages. 1.6
We reserve the right to at any time cease providing any or all of the services at our sole discretion and without notice.2. Changes and Modifications to the Agreement
We reserve the right to change and modify the Agreement at any time at our discretion. In case of changes or modifications we will notify you through your Outshifter user account or the email(s) provided in your account. Your continued use of, and access to our Platform will confirm your acceptance of the revised Terms. We encourage you to frequently review this Agreement to ensure you understand the terms and conditions that apply to your use of the Outshifter Platform.
In order to access, use and register for the Outshifter platform, services and website you must be an individual at least 16 years old, or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts. By using and accessing our Platform you confirm that your status and/or age is compliant with the above-mentioned Terms and you confirm that you have all necessary power, right and authority to enter into this Agreement and perform your responsibilities and grant the rights and authorizations you grant through this Agreement.3.2
You represent and warrant to Outshifter that: (i) If you are a business, you are appropriately organized, existing and in good standing under the laws of the territory in which your business is registered; (ii) Any information provided by you or your affiliates to Outshifter is correct and complete, and you will update such information as necessary to ensure it at all times remains correct and complete; and (iii) You are 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 European Union or its member states, the United States Government, or other applicable government authority. 3.3
In the case that you are less than 16 years of age you confirm that you are an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into this Agreement and perform your responsibilities and grant the rights and authorizations you grant through this Agreement. 3.4
You are solely responsible for maintaining the confidentiality of your username and password. Thus, you are responsible for any and all activities that are conducted through your account. We shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify us immediately of any unauthorized use of your account. We reserve the right at any time to change, modify or amend your username and password.
5. Term and Termination
The term of this agreement will start on the date of your completed registration and acceptance of this contract. It will continue until terminated by us or you as provided below. We may terminate or suspend this agreement or any service immediately without notice to you for any reason at any time. You may terminate this agreement or any service for any reason at any time by deleting your account at outshifter.com. To delete your account please login to your Outshifter account and visit account settings, general and delete profile.
6. Copyrights & Trademark
Nothing in this agreement constitutes a partnership, joint venture, franchise, agency, sales representative or employment relationship between you and Outshifter AS. The “Outshifter” name and logo are registered trademarks and belongs to Outshifter AS, this agreement does not provide you with the rights to use our logo and name. Except for the limited right to use as expressly permitted under this Agreement, no other rights of any kind are granted hereunder, by implication or otherwise. This applies to all marketing, branding, sales material, media, packaging, digital media and broadcasting.6.2
You are allowed to promote your Outshifter Profile and Content. When engaging in such activities you agree to ensure that your ads and marketing materials, or publications does not display any Outshifter graphic symbols, logos, or icons, in a manner that would imply Outshifter’s affiliation with or endorsement, sponsorship, or support of your or a Third-Party’s product or service. You may not use an Outshifter trademark or any other Outshifter owned graphic symbol, logo, or icon in a disparaging or derogatory manner, or together with images that disregard our photograph guidelines. The Outshifter logo is a Saturn, slightly tilted to the left. You may only use the Outshifter logo, not the wordmarks. Do not alter the logo in any way, nor add any filters or effects onto it. Make sure to always include your Outshifter URL whenever you reference Outshifter and that any representation of Outshifter’s interface matches the device it is shown on. 6.3
You will not interfere with Outshifter’s rights to the trademark, including challenging Outshifter’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm or misuse any Outshifter trademark. You may not use or register, in whole or in part “Outshifter”, “Outshift”, “Outshifting” or any other Outshifter trademark, including Outshifter-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name. You may not use an identical or nearly identical Outshifter trademark as a second level domain name. For instance, but not limited to: “Outshift”, “Outshifter” or “Outshifting”. 6.4
All product names, trademarks and registered trademarks are property of their respective owners. All company, product, and service names used on the Outshifter Platform are for identification purposes only. Use of these names, trademarks, and brands does not imply our endorsement. 6.5
Users own all content listed on and uploaded to the Outshifter Platform. Outshifter does not claim ownership of content and listings, all copyrights and rights to use are the User's sole responsibility.7. Payments, Referral Fee, & Service Fee
Outshifter allows for payment processing services to be provided by third-party vendors according to the choice of the User. The terms and conditions and privacy practices of these vendors might be different from ours. Through purchasing goods and/or services through third party vendors you agree to their terms and conditions and privacy policies. Please review their terms and conditions and privacy policies carefully. 7.2
Payment processing handled by the Outshifter Platform is handled by MANGOPAY S.A. (Mangopay S.A., 59 Boulevard Royal, 2449 Luxembourg) “MANGOPAY” and are subject to MANGOPAY´s “General Conditions of Use of Electronic Money
”, “General Conditions of Use for the Payment Services
” and “Confidentiality Policy
”, collectively referred to as the “MANGOPAY Services Agreement
By registering for payment processing or using the Outshifter platform you agree to be bound by the MANGOPAY Services Agreement. As a condition of Outshifter enabling payment processing services through MANGOPAY, you agree to provide Outhshifter accurate and complete information about you and/or your business, and you authorize Outshifter to share this information and transaction information related to your use of the payment processing services provided by MANGOPAY.
7.3 You allow us to subtract one euro from your account when you sign up. This is to verify that the account information you have provided is correct. The one euro is transferred back onto the account once we have verified that the information is correct.
7.4 Outshifting enables Users to receive a “Referral Fee”
per transaction facilitated through their direct distribution channels and mediums, such as, but not limited to their webpage, online shop, marketplace and social media accounts. The Referral Fee is calculated as a percentage of the total value of the product or service involved in the transaction. The Suppliers sets the applicable Referral Fee for all products and services it uploads and enables for sale through Outshifter; thus, the Referral Fee may differ amongst products, services, and Users. Outshifter never intervenes with the Referral Fee set by a Supplier. It is your responsibility to ensure you are familiar with the Referral Fee. The Referral Fee is automatically subtracted from the transaction total and paid out to you. 7.5
Outshifter charges a “Service Fee
” of 4,8% of the total value of the transaction, plus 0,18 € (Euro) per transaction facilitated through the Outshifter Platform. This fee is only applicable to products and services in listings uploaded by the User. The Service Fee is calculated as a percentage of the total value of the transaction. In addition to the percentage, a flat fee of 0,18 € (Euro) apply to every transaction. The Service Fee is automatically subtracted from the transaction by our payment provider. The Service Fee includes all services provided by Outshifter directly through the Outshifter Platform. The Service Fee will change should you choose to use another payment provider than the default provided through us. If you chose to use another payment provider through our Third-Party plug-ins their fee structure will apply. These fees may vary depending on your account, subscription or plan with said Third-Party. Please keep in mind that Third-Party payment providers might have different Privacy Policies and Terms and Conditions than us. 7.6
The payment from all transactions facilitated through the Outshifter Platform is paid out at most 30 days in arrears. This is given that the product in question has not been returned or cancelled and is confirmed delivered by the Supplier.8. Shipping, Returns, Customs and Cancelations
Outshifter does not take part in any shipping, returns, cancelations, complaints, recalls, and reclamations of products and services. It is the User's responsibility to ensure products and services sold comply with local consumer protection laws and regulation. Shipping, returns, cancelations, reclamations and the likes should be arranged between Users of the Outshifter Platform and the Customer. Outshifter has no responsibility for these arrangements between third parties. All contact regarding the aforementioned points should occur directly between the seller and buyer of said product or service. 8.2
If you are a Supplier you are the seller of the products and services, your responsibilities include handling, shipping, returns, cancelations, reclamations, nonconformities, recalls, delivery errors, refunds, complaints, customer support and other potential issues and processes dealing with the customer. Outshifter is at no point responsible for the order, we only facilitate the transaction and provide you the Order Information. We expect you to: (i) Ship products and provide services within reasonable time, at a minimum according to local consumer laws and regulations; (ii) Package your products and provide services in a commercially reasonable manner; (iii) Include all relevant return, reclamation, contact and other relevant sales information with the order; (iv) Include an order-specific packing slip within each shipment of your products and services, and, if applicable, any tax invoices; (v) Identify yourself as the seller of the product on all packing slips or other information included or provided in connection with your products and services and as the person/business to which the customer may return the applicable product, complain, and use his/hers right of withdrawal according to local consumer protection laws. 8.3
The Outshifter Platform offers shipping integration and access to Third-Party shipping services, such as but not limited to DHL, Bring, and UPS. When the Customer orders products and/or services to be shipped through these Third-Party shipping services it is your responsibility as a Supplier to fulfill and ship the order according to the requirements of the Third-Party shipping provider. 8.4
When ordering products and services from outside of your residing territory you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Supplier or the Customer; Outshifter has no control over these charges. Customs policies vary from country to country and you should contact your local customs office for further information. It is your responsibility to comply with all laws and regulations of the country in which you are receiving the products.The following two sections (S.1 & S.2) only apply to Platform Users engaging in a Supplier specific role:
S.1 The Customer Relationship
As the Supplier you are always the responsible and liable party in the sales transaction of products and services facilitated through the Outshifter Platform. Thus, you are the liable party to the Customer in the Sales Contract. The Outshifter Platform only facilitates the transaction and the eSeller only enables Content distribution. S.1.2
You have to clearly identify and make accessible your terms and conditions, privacy policies, return policies, order cancelation policies, refund policies and reclamation policies associated with each Listing. These will be made readily available for the Customer through the Outshifter Platform. S.1.3
All post order dialogue should be handled directly with the Customer. The Customer can contact you regarding orders and will be entitled to the same level of service you offer through your other sales and distribution channels. You warrant that in your dealing with Customers and fulfillment of Sales Contracts you will comply with all local consumer protection laws and regulations.
S.2 Receiving Orders and Order Fulfillment
We will provide Order Information to you for each order received through the Outshifter Platform from your Listing(s). The Order Information will by default be sent to your registered email address, unless you use a plug-in to the Outshifter Platform that requires another form of communication. S.2.2
All orders must be processed and prepared for fulfillment in a timely fashion. We expect you to check for orders from the Outshifter Platform at a minimum every business day. S.2.3
You are solely responsible for order fulfillment of orders received through our Platform. Outshifter only forwards you the Order Information. You are the responsible and liable party to the Customer and own the Sales Contract. S.2.4
You will ensure that your products and/or services (including packaging) and the offer and ensuing sale and fulfillment of any of your products or services comply with all applicable laws (including all minimum age, marking and labelling requirements). Furthermore, you declare that your products and services were not produced, manufactured, assembled, or packaged by forced, prison or child labor.9. Content & Information About Listed Product and Services (Listings)
The term Content (“Content
”) refers to all images, photos, symbols, information, text, reviews, products, and services you upload to and create on the Outshifter Platform. 9.1
Outshifter is not the manufacturer, handler, seller, distributor, designer, or producer of the products and services sold and listed through our Platform. Outshifter simply allows for e-commerce transactions to take place. While we work to ensure that product and service information appearing on product listings through our platform is correct, we cannot guarantee the accuracy of such listings. All products and services listed on the Outshifter Platform are User created. We do not endorse, guarantee, authenticate, represent, or otherwise approve of any of the products and services listed on the Outshifter Platform, nor their description and presentation. Users are responsible for writing product and service descriptions and their sales policies. Thus, we encourage you to exercise caution and ensure you do proper research before connecting with another User. Please always read labels, warnings and directions provided with the product and service before use. Outshifter accepts no liability for inaccuracies or misstatements about products and services provided by our Users and Third-Parties. 9.2
When uploading and creating product and service listings (“Listings”
”) you represent and warrant that: (i) You have the legal right and capacity to enter into this agreement in your jurisdiction; (ii) You own the right to use and sell the Content, products and services posted by you on the Outshifter Platform, or otherwise have the right to distribute the Content, products and services in the territories you claim; (iii) The posting and use of your Content, products and services on, or through the Outshifter Platform, does not violate, misappropriate or infringe on the rights of any Third-Party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights; (iv) All information, such as product origin and product description, regarding the products and services provided by you is truthful, accurate and comply with local copyrights, consumer protection and marketing laws and regulations; (v) Listings should always be maintained and updated so the information they portray is accurate and current. The inventory listed on the Outshifter Platform by you, shall at all times represent inventory you can readily ship; and (vi) You agree to pay for all royalties, fees, and any other monies owed by reason of copyright infringement or missing licenses of products and services you list on, or through the Outshifter Platform. 9.3
Outshifter never owns or claims to own any of the Content or Listings you create and upload to our Platform. However, in order for us to provide the Outshifter Platform, we need the legal permission to use your Content and Listings. Through this agreement you grant us a royalty free non-exclusive, transferable, sub-licensable, and worldwide license to host, use, distribute, copy, run, modify (e.g. for technical purposes, such as making sure your submission is viewable on a smartphone as well as a computer), and display the Content and Listing(s) uploaded by you to our Platform. You can revoke this license at any time by deleting the Content in question or deleting your User Account on the Outshifter Platform. 9.4
Uploaded Content and Listings must follow Outshifter´s technical requirements, including, but not limited to file size, file name, and formatting. We reserve the right to remove Listings at our discretion if it does not meet our Platform´s standards. Outshifter reserves the right to use, format and re-distribute the uploaded Content and Listings so it fits our platform requirements and the platform integrations and plug-ins it is intended to work on. 9.5
Transparency and honesty is of utmost importance to us at Outshifter. How you present yourself on and through the Outshifter Platform matters. You represent and warrant that: (i) All information you provide to us and Content you upload to our Platform is correct, accurate, current, genuine, and does not infringe, violate, misappropriate or infringe on the rights of any Third-Party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (ii) You agree to pay for all royalties, fees, and any other monies owed by reason of copyright infringement or missing licenses of products and services you post on, or through the Outshifter Platform. 9.6
How you present yourself on Third-Party platforms is none of our business. However, we will not tolerate association with and facilitation through the Outshifter Platform of behavior and Content including, but not limited to, promoting racisms, glorifying violence, and/or inciting hatred. In addition to content misleading consumers and falsely and inaccurately portraying products and services. We reserve the right to cancel your Outshifter Account at any time. Be aware that other Users might have strict requirements on how they expect you to present yourself and what Content they will allow their brand to be associated with. 9.7
You warrant that: (i) You will make yourself familiar with all local marketing laws for the territories you operate in; (ii) You will follow all marketing laws, consumer protection laws, advertising laws and other rules and regulations applicable to for the territories you operate in; (iii) You will not mislead consumers, make false claims and statements, and otherwise misrepresent the products and services you list, source or sell; (iv) Outshifter and Users whom products you sell cannot be held liable for any of your misinterpretation, violation of, or breaking of applicable marketing, consumer protection and advertising laws and regulations. 9.8
We reserve the right to at any time remove any Account, Content or Listing at our sole discretion and without notice. For more information on Listing Guidelines please see our Solution Guide. You agree that you cannot hold Outshifter liable for any lost transactions or damages should we remove your Listings or Listings you have access to.10. Prohibited, Content, Items Products and Services
All products, items, content and services listed, sourced and sold through our Platform have to comply with local laws and regulations, as well as Outshifter´s policies. Please keep in mind that when selling on Third-Party platforms, these platforms might have different policies than us regarding what is prohibited items, content, products and services. The following are examples of prohibited products and services including, but not restricted to:
- Illegal, prescription, or recreational drugs.
- Tobacco products and related paraphernalia
- Ingestible supplements
- Weapons, ammunitions, or explosives
- Live animals and certain animal products
- Adult products and services
- Healthcare products and services
- Body parts and fluids
- Real money and gambling services
- Counterfeit products and digital media without proper copyrights
- Stolen property
- Real, virtual and/or fake currency
- Products and services with no real commercial intent
- Recalled products
- Gold, precious stones and gemstones
In addition, Outshifter does not allow the selling of what we consider offensive materials such as, but not limited to products promoting racisms, glorifying violence, and/or inciting hatred. In addition to misleading products and services and the way they are portrayed. 10.2
Outshifter only authorizes the sale of new products (no custom-made / made-to-measure, vintage or second-hand) and requires that all branded stock is genuine. All products and stock must be physically owned by the Supplier and in the quantity and condition listed on Outshifter. Uploading Listings that rely on Dropshipping, pre-order, or stock in transit is prohibited. 10.3
You warrant to us that: (i) You will not engage in selling of any products or services of the nature listed above; and (ii) If you come across any products or services on our Platform that could fit in the aforementioned categories you will notify us at: email@example.com. Outshifter reserves the right to suspend your account without any reason, at any time without notice and liability to you.
The term taxes in this agreement refers to, but is not limited to: Any and all value added, sales, use, excise, import, export and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer, or sale of products or services by you on, through, or in connection with our Platform (“Taxes
You are responsible for paying and collecting all applicable taxes in the territories you operate in. By accepting this agreement, you acknowledge that you follow local laws and regulations and that you are familiar with the tax laws in the territories you operate in. Outshifter is not responsible for collecting, remitting, or reporting any Value Added Taxes (VAT) or other taxes arising from your use of the Outshifter Platform. If we are required by law to collect any value added, sales, use, or similar taxes from you, you will pay such taxes to us. Furthermore, if we are required to comply with local tax authorities in the territories you conduct your business, we reserve the right to comply and share information with them. 11.2
You agree that the price listed by you for your products or services through the Outshifter Platform includes any customs duty, value added tax or other tax that you may be required to pay in connection with the sale. 11.3
If you are a business registered in Norway we will pay VAT on the services provided to you. If you are registered outside of Norway we will not pay VAT and other applicable taxes on the services provided to you. You are liable and responsible to pay all applicable taxes in the territories you operate. 11.4
Outshifter is required by law to collect your VAT registration number and/or other tax identification numbers for certain territories. You warrant to us that you will provide us with such information if requested and that the VAT registration number you submit to us is correct, current, belongs to the business you operate, and you will update this information immediately in case of changes. 11.5
Outshifter reserves the right to request additional information and to confirm the validity of any User´s account information (including without limitation your VAT registration number) from you or government authorities and agencies as permitted by law and you hereby authorize us to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to us upon request. 11.6
We reserve the right to suspend any services to you without notice, if we suspect you are not complying with local tax laws and regulations.12. Interactions on the Outshifter Platform
The “Outhifting Contract
” is between you and the other User you connected with. It sets forth the Terms you have to adhere to when engaging with said User, including Referral Fee specifics. Outshifter is never involved or a liable party in your engagement with other Users. It is solely your responsibility to understand and judge agreements you make with other Users. 12.2
Your interactions with Users on the Outshifter Platform is done solely at your own risk. Outshifter facilitates the connection between other Users and you, however, all specifics of that relationship including, but not limited to contractual obligations, liabilities, and deliverables such as the Outshifting Contract is your own liability and responsibility. Outshifter is at no point a responsible party in the contract between you and other Users. Outshifter cannot be held liable for your interactions and contracts with other Users and other Third-Party platforms. 12.3
Various Users might have different requirements to what they consider proper Content and behavior regarding the sales and marketing of products and services. You might be expected to or obliged to refrain from certain Content and presentations. It is your responsibility to ensure you are familiar with what is expected when connecting with other users. You warrant to us that you will within reasonable means strive to follow all terms and conditions set forth in the Outshifting Contract. 12.4
Outhshifter is not liable for the content posted by our Users, they chose how to present themselves on the Outshifter Platform and other third party sites and platforms. Being a User on the Outshifter Platform does not mean we endorse, sponsors, or support, or otherwise suggest the authenticity and accuracy of the claims made by said User. Nor do we approve, endorse or, otherwise interfere with the way they present themselves and act on our Platform and Third-Party platforms. It is your responsibility to verify and do necessary background checks of Users and claims made by Users before entering into a contractual relationship with them. Outshifter will not be held liable for the Users content, behavior, performance, or failure to meet contractual obligations you have agreed to with them. 12.5
You acknowledge that the other User can cancel the Outshifting Contract at any time, without cause. Similarly, you can cancel the contract and refrain from engaging in outshifting at any time without cause. Neither Outshifter, nor the other User can be held liable for any lost transactions or other damages resulting from a canceled Outshifting Contract. 12.6
The Supplier owns the customer relationship and is the liable party in all transactions. Including, but not limited to responsibility for handling, shipping, returns, cancelations, reclamations, nonconformities, recalls, delivery errors, and refunds. Outshifter is never the liable party in a transaction, nor do we fulfill any orders or transactions. You warrant that: (i) You will not engage in behavior that suggest you are the selling party or make any guarantees, claims, representations or other statements on behalf of the Supplier or Outshifter, if you are not the Supplier and (ii) You will make it obvious that you are not the liable party in the transaction if you are not the Supplier. 12.7
You will not solicit or harass any of the other Users and Customers met through the Outshifter Platform. All engagement and interaction with Customers and Users met through the Outshifter Platform are at your own risk. We highly advise against communicating with Users outside of the Outshifter Platform. Outshifter will not be held liable for any damages or other issues arising from your engagement and communication with Users and Customers met through our Platform. 12.8
You agree that we may use mechanisms that rate, or allow Users to rate, products, services and performance of Users on the Outshifter Platform, we may make these ratings and feedback available within the Outshifter Platform.
13. Suggestions and Feedback
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements to the Outshifter Platform regarding our services, platform and website. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, publish and implement, or otherwise exploit this feedback or material as we see fit.
14. Third Party Service Providers & Plug-Ins
14.1 In order to provide you the best possible services on the Outshifter Platform we use the services of Third-Party Service Providers. Through using some of our services you also agree to the terms and conditions of our Third-Party Service Providers. These services include shipping partners and aforementioned payment providers. When you choose to use certain plug-ins and to export products to other Third-Party Platforms you might also have to agree to their Terms & Conditions and applicable privacy policies. By consenting to the export of Listings to Third-Party platforms you Agree to the terms and conditions of the Third-Party platforms the listings are exported to. 14.2
You warrant that you will be compliant with third parties Terms and Conditions you export products to. Third-Party platforms might have different terms and conditions than us. It is your responsibility to ensure products and services sourced from our Platform is compliant with the platform you chose to export Listings to. 14.3
The Outshifter Platform contains links and plug-ins to third party platforms and services. A link or plug-in is at no point an endorsement, representation, sponsorship, verification or support of said Third-Party platform or service. You access and use Third-Party platforms and services solely at your own risk.
You release Outshifter and agree to indemnify, defend and hold harmless Outshifter and its officers, directors, and employees against any claim, cost, damage, expense, loss, settlement, or other liability arising from or related to: (i) Your actual or alleged breach of any responsibilities in this agreement; (ii) The collection, payment, or failure to collect or pay your taxes; (iii) Any sales channels owned or operated by you, your products and/or services (including the offer, sale, fulfilment, refund, cancellation, return or adjustments thereof), your materials, any actual or alleged infringement of any intellectual property rights by any of the foregoing, violation of consumer protection and marketing laws, and any personal injury, death or property damage related thereto; and (iv) Any Content you post, upload, list, use, distribute, store or otherwise transmit through the Platform.
THE OUTSHIFTER PLATFORM INCLUDING CONTENT, SOFTWARE FUNCTIONS, PLUG-INS, AND INFORMATION IS PROVIDED AND MADE AVAILABLE ON A “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOU USE AND PARTICIPATE IN THE PLATFORM AT YOUR OWN RISK. OUTSHIFTER DISCLAIMS TO THE FULLEST EXTENT OF THE LAW INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION AND ACCURACY OF CONTENT; (II) ANY IMPLIED WARRANTIES AND REPRESENTATION ARISING FROM USAGE, COURSE OF PERFORMANCE, OR THIS AGREEMENT; (III) ANY CLAIM, LIABILITY, OBLIGATION OR LIABILITY, WHETHER OR NOT IT ARISES FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, AND UNINTERRUPTED, NOR CAN WE GUARANTEE IT MEETS YOUR REQUIREMENTS. WE CANNOT BE HELD LIABLE FOR ANY SERVICE INTERRUPTIONS, DEFECTS, OR SYSTEM FAILURES THAT MAY AFFECT THE ACCEPTANCE OF TRANSACTIONS AND ORDERS OR OTHERWISE DISRUPT YOUR ENGAGEMENT WITH OUR PLATFORM.
AS OUTSHIFTER IS NOT THE RESPONSIBLE PARTY IN THE TRANSACTION BETWEEN THE CUSTOMER AND THE USER, NOR THE RESPONSIBLE PARTY FOR CONTRACT SPECIFICS BETWEEN THE PLATFORM USERS, WE WILL NOT BE INVOLVED IN ANY POTENTIAL DISPUTE(S) SHOULD ONE ARISE BETWEEN YOU AND/OR ANY OF THE OTHER PARTIES. EACH PARTICIPANT IN A DISPUTE RELEASE OUTSHIFTER AND ITS EMPLOYEES, DIRECTORS AND OFFICERS FROM ANY CLAIMS, DAMAGES AND DEMANDS.
17. Limitation of Liability
To the maximum extent permitted by law, Outshifter shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) Your access to or use of or inability to access or use the service; (ii) Any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (iii) unauthorized access, use or alteration of your transmissions or content.
18. Governing Law and Jurisdiction
Any dispute between you and Outshifter will be governed by these Terms and Norwegian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Should you have any questions about these terms and conditions, please contact us at firstname.lastname@example.org