Terms of Service
1. Overview and Acceptance of Use
Welcome to Thokmandee! Thokmandee (BizAssist Global SL) (“Thokmandee”) is a curated wholesale online marketplace connecting vendors with Wholesale buyers, accessible through its websites (collectively, the “Site”) and mobile application (collectively, the “Application”) (together, the “Services”). Throughout these Terms of Service (“Terms”), the terms “Thokmandee”, “our”, “us”, and/or “we” refer to Thokmandee (BizAssist Global SL), registration number B13724000, located at Gutiérrez Herrero, 52, 33402 AVILÉS Spain. The terms “you” and/or “your” refer to any visitor of the Site and/or the Application and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (defined below) and constitute a binding legal agreement between you and Thokmandee.com ( Bizassist Global SL).
YOU ACKNOWLEDGE AND AGREE THAT BY CONFIRMING THE TERMS OF SERVICE WHEN REGISTERING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.
We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon. We also reserve the right to modify these Terms from time to time upon reasonable prior written notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including Members. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms we will provide you with reasonable prior written notice and post the modification on the Site and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
3. Key Definitions
- “Collective Content” means, collectively, Thokmandee Content and Member Content.
- “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- “Thokmandee Content” means Content that Thokmandee makes available through the Services including any Content licensed from a third party, but excluding Member Content.
- “Member” means a business that completes Thokmandee’s account registration process, as described under the “Account Registration” section below.
- “Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to Thokmandee to be made available through the Services.
4. Account Registration
To access certain features of the Services and to post any Member Content thereon, you must register to create an account (“Account”) and become a Member. Thokmandee offers two types of Accounts. The first is a “Wholesale buyer Account” for buyers who purchase goods through the Service for resale (“Wholesale buyers”). The second is a “vendor Account” for sellers who offer to sell and/or sell their goods to Wholesale buyers through the Services (“Vendor”). Each type of Account gives access to different aspects of the Services.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to temporarily suspend or permanently terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorised them or not. You will immediately notify us of any unauthorised use of your Account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Account Types
By submitting payment details in conjunction with registering for a Wholesale buyer Account and/or purchasing goods, you agree to pay the vendor(s) for the goods purchased from them and any applicable taxes and other fees that may accrue, and authorise a payment processor appointed by the vendors to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing. We, and the vendor, have the right to refuse any order.
7. License Granted by Thokmandee
- License Grant. Subject to the terms and conditions of these Terms, Thokmandee grants you: (a) a non-transferable, non-exclusive, royalty-free, revocable, limited licence, with no right to sublicense, to use and access the Services, and to view any Collective Content to which you are permitted access solely for the purposes outlined in these Terms; and (b) a limited non-exclusive, revocable, non-transferable license to download and install a copy of the Application on your device solely in connection with your use of the Services.
- Restrictions. Except as otherwise stated, the rights granted herein are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Collective Content; (b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Services; and (c) you shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. Except as expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Thokmandee, its licensors or others. If you violate the rights of Thokmandee, its licensors or others, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. License Granted by Member
In order to get the most out of the Services, Members can provide or otherwise make Member Content available to us for use in connection with the Services. For these purposes, you hereby grant to Thokmandee a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display, and publicly perform (through any means necessary) such Member Content on, through or through the Services and/or any of Thokmandee’s advertising, marketing, publicity or other initiatives or events. Thokmandee does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.
You acknowledge and agree that you are solely responsible for any and all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all such Member Content or you have all rights, licenses, consents and releases necessary to grant to Thokmandee the rights in such Member Content as contemplated under these Terms; and (b) neither the Member Content or any portion thereof nor your posting, uploading, publication, submission or transmittal of the Member Content or Thokmandee’s use of the Member Content (or any portion thereof) on, through or by means of the Services and/or third party platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libellous, misleading, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any posts. You are solely responsible for any Member Content you make and its accuracy. Thokmandee takes no responsibility and assumes no liability for any Member Content posted by you or any third party. You agree to indemnify Thokmandee per the terms of the Indemnification section herein.
9. Content from Social Media and Networking Sites
As a Vendor, you may link your social media accounts to your vendor store (collectively, “Feedback”). You represent that you are entitled to grant Thokmandee access to, or otherwise make available, your Social Media Accounts and the content therein for the purposes described herein, without breach by you of any of the terms and conditions that govern your use of the applicable Social Media Account, and without obligating Thokmandee to pay any fees or making Thokmandee subject to any usage limitations imposed by such social media service providers. Depending on the Social Media Accounts you choose and subject to the privacy settings that you have set in such Social Media Accounts, personally identifiable information that you post to your Social Media Accounts will be available on and through your Vendor Account on the Services.
Please note that if a Social Media Account or associated service becomes unavailable for any reason, then the Social Media Account Content that was available from such Social Media Account will no longer be available on and through the Services. You can unlink your Vendor Account and your Social Media Accounts, at any time, by contacting Thokmandee. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL MEDIA SERVICE PROVIDERS ASSOCIATED WITH YOUR SOCIAL MEDIA ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA SERVICE PROVIDERS. Thokmandee makes no effort to review any Social Media Account Content for any purpose, including for accuracy, legality or non-infringement and Thokmandee is not responsible for any Social Media Account Content. Thokmandee may, however, at any time and without prior notice, screen, remove, disable or block any Social Media Account Content that in Thokmandee’s sole judgement violates these Terms or is otherwise objectionable.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
11. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users, Members, bloggers and third-party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Thokmandee, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Thokmandee. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Links to Third Party Websites
The Services may contain links to third-party websites or resources. You acknowledge and agree that Thokmandee is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the Content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Thokmandee of such websites or resources or the Content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
13. Prohibited Uses
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
- Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Thokmandee’s name, any Thokmandee trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Thokmandee’s express written consent or as enabled by features made available by Thokmandee (e.g., widgets) (you may link to Thokmandee’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libellous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
- Access, tamper with or use non-public areas of the Site or Application, Thokmandee’s computer systems or the technical delivery systems of Thokmandee’s providers;
- Attempt to probe, scan, or test the vulnerability of any Thokmandee system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Thokmandee or any of Thokmandee’s providers or any other third party (including another user) to protect the Services or Collective Content;
- Attempt to access or search the Services or Collective Content or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Thokmandee or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services;
- Use any meta tags or other hidden text or metadata utilizing a Thokmandee trademark, logo URL or product name without Thokmandee’s express written consent;
- Use the Services or Collective Content in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party to do any of the foregoing.
Thokmandee will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Thokmandee may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Thokmandee has no obligation to monitor your access to or use of the Services or Collective Content, or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Thokmandee reserves the right, at any time and without prior notice, to remove or disable access to any Member Content or Collective Content that Thokmandee, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. Thokmandee reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Thokmandee suspects illegal activity may be taking place.
14. Procedure for Claiming Intellectual Property Infringement
Thokmandee respects intellectual property laws and expects its users to do the same. It is Thokmandee’s policy to terminate, in appropriate circumstances, Members or other account holders who infringe or are believed to be infringing the intellectual property rights of others. Click here for Thokmandee’s Copyright & IP Policy.
15. Information We Collect About You
16. Termination and Account Cancellation
If you breach any of these Terms, Thokmandee will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. Thokmandee reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. In the event Thokmandee terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by contacting us through our contact form.
THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THOKMANDEE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THOKMANDEE MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. THOKMANDEE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THOKMANDEE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THOKANDEE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES THOKMANDEE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. THOKMANDEE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Thokmandee, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services, including your Member Content.
19. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER THOKMANDEE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), THOKMANDEE LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THOKMANDEE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THOKMANDEE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT EXCEED 100 EURO. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THOKMANDEE AND YOU.
20. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Spain. The application of the United Nations Convention on Contracts for the International Sale of Goods, private international laws (e.g. conflict of laws principles) and consumer protection e-commerce regulations, where relevant, are expressly excluded. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the competent court of Aviles, Spain and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
21. Export Control
You hereby understand and warrant that the Application and any technical data may be subject to the European Union (EU) and/or other national export control laws and regulations. If you (re-)export, transfer or import, directly or indirectly, the Application and any technical data, you are responsible for compliance with all applicable export control laws and regulations, including the International Traffic in Arms Regulations (“ITAR”) and Export Administration Regulation (“EAR”), and EU and EU Member State’s export controls laws and regulations, and for obtaining required export authorizations, where applicable.
You may not, in violation of applicable laws and regulations, (re-)sell, supply, (re-)export, transfer, divert, distribute, disclose, or authorize the exchange, of the Application and any technical data (a) into a country subject to United Nations or EU trade and financial sanctions and embargoes or (b) to anyone on sanctioned parties lists, . By using such Application and any technical data, you represent and warrant that you are not located in, or a national or resident of any such country under sub (a), or are included on any such sanctioned parties lists or are under the ownership or control of any such sanctioned party under sub (b).
You may not assign or transfer these Terms, by operation of law or otherwise, without Thokmandee’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Thokmandee may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by Thokmandee via email (in each case to the primary account email address that you provide); (b) by posting to the Site; or (c) via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
24. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Thokmandee and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Thokmandee and you regarding the Services and Collective Content.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid or unenforceable provision.
The failure by Thokmandee to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Thokmandee. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
27. Contact Us
If you have any questions or complaints about these Terms or the Services, please contact Thokmandee at:
Thokmandee (BizAssist Global SL)