Vendor Terms & Conditions
Comfort Stevens Website User Agreement Document
1. Buyer Participation Agreement
This Buyer Participation Agreement (the “Participation Agreement”) governs your use of Comfortstevens.com (the “Site”), including all its content and its services (the “Services”). To access the Site and/or use the Services to access, buy, or sell goods or services (collectively “Products”), You must accept the following terms and conditions of this Participation Agreement without change. BY REGISTERING AS A BUYER AND USING THE SERVICES OF THE SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT. ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE INTO THIS PARTICIPATION AGREEMENT. Comfort Stevens LLC ("Comfort Stevens") reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or the Services, at any time and at its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this site and the services following Comfort Stevens posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this participation agreement, you must discontinue using the site and the services immediately. You agree to hold Comfort Stevens and its employees, agents, successors, licensees, and assignees harmless against any liability, loss, or damage resulting from the use of the site and hereby release and discharge any claims whatsoever, in connection with the use of the site. You agree that you will use only your legal name or company name, which will include your city, town, county, zip code, region or state to create your user/buyer profile. You understand that as a buyer, you are participating freely and voluntarily and are not relying on any inducement, promises, or representations made by Comfort Stevens or its subcontractors, sellers, employees, or agents.
You must be legally capable of entering into contracts and assuming contractual obligations to use the Site and the Services. Minors are not allowed to use the Site or the Services. You must register and sign up online with Comfort Stevens to use the services. During registration, you must provide your real legal name, company name where appropriate, address, phone number, email address, and any other required data. Indeed, as a buyer, you must provide Comfort Stevens with true and accurate information when registering and must maintain and update that information as applicable. As a buyer, you agree that you will not impersonate any person or use a name he or she is not legally authorized to use. Buyer authorizes Comfort Stevens to verify his or her information (including any updated information). A bank account, government issued identification card, or credit card established with your legal name is required if you intend to pay online to purchase Products. You represent and warrant that you have all requisite right, power and authority to enter into this Participation Agreement and perform your obligations hereunder.
PRIVACY & ELECTRONIC COMMUNICATIONS
Comfort Stevens’ policies and rules notice governs your use of the Site and the Services. You consent to communicating with Comfort Stevens electronically, such as via email, online forms, and online notices. Comfort Stevens will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other forms of communications that Comfort Stevens provides to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Comfort Stevens LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Comfort Stevens and is protected by Nigeria and international copyright laws. All software used on the Site is the property of Comfort Stevens or its software suppliers/developers and is protected by Nigeria and international copyright laws.
Comfortstevens.com and Comfort Stevens are trademarks of Comfort Stevens LLC. Other Comfort Stevens graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Comfort Stevens LLC. Comfort Stevens trademarks and trade dress may not be used in connection with any product or service that is not Comfort Stevens’ product or service, as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Comfort Stevens. All other trademarks not owned by Comfort Stevens LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Comfort Stevens LLC.
LICENSE AND SITE ACCESS
Comfort Stevens grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Comfort Stevens. This license does not include data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Comfort Stevens. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Comfort Stevens without the express written consent of Comfort Stevens LLC. You may not use any Meta tags or any other "hidden text" utilizing Comfort Stevens name or trademarks without the express written consent of Comfort Stevens. Any unauthorized use terminates the permission or license granted by Comfort Stevens, and may result in legal proceedings against you. The Site may, at time, be unavailable to buyers, including Buyer. Comfort Stevens is not, and shall not be liable for any harm to Buyer occurring in connection with such unavailability. Unavailability may occur, for example, as a result of maintenance, hardware and/or software upgrades, security measures, or other reasons at the discretion of Comfort Stevens. The duration of such unavailability may be any length, but may, in many cases, last a few minutes to two hours. Comfort Stevens is not required to give any notice of unavailability, but Comfort Stevens may, at their discretion, give 30 days’ prior notice of unavailability when they are able. In your buyer/user profile, you are not granted a right to create a hyperlink to the home page or any page of your website. You are not allowed to create on our site, any link that does portray Comfort Stevens, Sellers using the Site, or Sellers’s products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of Comfort Stevens as part of the link without our express written permission. Comfort Stevens reserves the right to terminate your account or disallow your access to the site for any reason, including for posting illegal, inaccurate, abusive, or negative, and misleading comments. Comfort Stevens is not responsible and makes no representations as to the 100% validity of any information provided by Buyers or Sellers. Comfort Stevens does not necessarily agree with any information posted by Buyers and Sellers.
ACTIVITY ON THE SITE
The Site and the Services is not intended for use by children. If you are under 18, you may use the Site and the Services only with involvement of a parent or guardian. Comfort Stevens and Sellers on the Site reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion. In all of your access, use, and activity on the site, you agree that you will not: (a) Promote or contain pornography, child trafficking, or sexually explicit materials; (b) Promote violence or contain violent materials; (c) Promote or contain libelous or defamatory materials; (d) Promote hatred or discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age; (e) Promote or undertake illegal or potentially illegal activities; (f) Promote the infringement of individual privacy rights; (g) operate as a gambling business (including without limitation online gambling (including poker), lotteries (including sale of lottery tickets), raffles, sports forecasting, and odds-making); (h) Promote any activity or contain content that in our judgment is inappropriate or offensive in connection with the site.
LICENSE GRANTED TO COMFORT STEVENS
If you submit material, and unless Comfort Stevens indicates otherwise, you grant Comfort Stevens and Sellers on the Site a non - exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Comfortstevens.com, Comfort Stevens LLC, and Comfort Stevens Services, Sellers on the Site, and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Comfort Stevens or Sellers on the Site for all claims arising from content you supply. Comfort Stevens has the right, but not the obligation, to monitor and edit or remove any activity or content. Comfort Stevens takes no responsibility and assumes no liability for any content submitted by you or any third party. SERVICES DESCRIPTIONS You understand that Comfort Stevens and Sellers on the Site attempt to be as accurate as possible. These sellers are independent contractors and are not Comfort Stevens employees, partners, or affiliates. However, Comfort Stevens does not warrant that description of services or other contents or advertisements displayed by the sellers to be accurate, complete, reliable, current, or error-free. Sellers may advertise on Comfort Stevens and may provide links to other sites over which Comfort Stevens has no control. Comfort Stevens is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. It is the Buyer’s responsibility to review a given Seller’s products and licenses to sell such product before purchasing products from the Seller. This responsibility of Buyer is especially important for food, farm, cosmetic, beauty and personal care, dietary supplements, groceries, drinks, child products, and in-home services. If Seller has not posted sufficient information to review the product(s), services, or the applicable licenses, Buyer must contact the Seller before purchasing the product and notify Comfort Stevens of the missing information. Comfort Stevens and its site bears no responsibility for the quality of the products on the Site, for Seller updating or maintaining appropriate licenses to sell the products and/or services, or for Seller being in compliance with laws or regulations applicable to the products. Indeed, Buyer purchases all products on the Site at its own risk. As a condition for using the Site, Sellers agree to comply with Comfort Stevens’ Selling policies when selling products on the Site. Buyers may make claims directly against Sellers consistent with the terms and procedures of Comfort Stevens. Comfort Stevens does NOT, in itself guarantee the products sold by Sellers on the Site and Comfort Stevens will NOT in itself, honor any claims of reimbursement of payment(s) made by the buyer to the seller after the goods, services, or product have been sold and delivered to the buyer by the seller, and the buyer felt unsatisfied. It is the sole responsibility of the buyer to contact the seller and or, return to the seller, where applicable, the goods, or product(s) in question and agrees on how to remedy the transaction. Comfort Stevens will not store Seller's or Buyers' credit card information (or other financial information that Comfort Stevens deems sensitive) on the Site when the information is entered into a third-party application. Buyer understands that the accuracy of listings on the Site may be dependent on third party utilities whose functionality may be out of Comfort Stevens' control. Unless explicitly expressed elsewhere in this agreement or another agreement between Buyer and Comfort Stevens, Buyer agrees that Comfort Stevens or its Services makes no representation as to the validity and operation of any third-party utilities on which the Site depends, and Comfort Stevens shall not be held liable for any harm resulting from their operation, malfunction, or non-availability. Specific examples of such third-party utilities may include, but are not limited to: • Google Maps; • Amazon Payment; • PayPal; and • Visa and Master Cards, and other payment gateways. Buyer understands that the examples provided above are illustrative and do not expand Comfort Stevens' potential liability for third party utilities in any way. For each transaction between the Buyer and the Seller, the Buyer agrees that he or she is limited to payment options authorized by the Comfort Stevens. Buyer agrees not to engage in any transaction or make any payment to a seller selling their goods, services, or products on comfortstevens.com, outside of the site. The buyer, in order to guarantee that they will receive what they purchased and is required to complete all their transaction on the site. If a buyer makes payment for a purchase and the seller fails to fulfill the order within the reasonable time the seller advertised, after reasonable investigation by Comfort Stevens, the buyer will be refunded the payment in equal amount. NO Sellers, and on NO condition, should a seller authorize any particular payment option and gateway, that is not supported by the Site's infrastructure or is NOT authorized by Comfort Stevens on the Site. Any buyer or seller found soliciting, promoting, or providing other payment options not supported by Comfort Stevens will be blocked and unsubscribed. For transactions involving third party applications for payment, Buyer's rights are additionally subject to the terms and conditions associated with that third-party application. Terms and conditions associated with third party applications may include, for example, PayPal's Terms and Conditions, available at https://www.paypal.com/us/home or Amazon Payment Terms and conditions available at https://payments.amazon.com/help/201212430. All information about Buyers and Sellers, and any information posted by the Buyers and Sellers, was entered by the Buyers and Sellers themselves. Accordingly, Comfort Stevens makes no warranties or guarantees as to the veracity of such information, and plays no role in the facilitation of any dispute that may arise between the buyer and the seller. Comfort Stevens makes no warranties or guarantees as to the accuracy of information relating to these entities, and shall not be held liable for any inaccuracy of such information provided on the Site. A Seller's verified account on the site does not guarantee that the Seller is error-free. Further, Comfort Stevens shall not be held liable for harm resulting from a seller or buyers account, or arising from the information or advertisement being provided on its site. All map functionality is at least partially dependent on Google Maps, individual Buyers, or individual Sellers. Comfort Stevens and it Services makes no representations or warranties as to the veracity or availability of the map functionality of the Site. Additionally, Comfort Stevens makes no representations as to the veracity or availability of data provided on the Site that is dependent on the map functionality, such as driving distance data, location data, driving time data, or range calculations. Accordingly, Comfort Stevens and its Services shall not be held liable for any harm resulting from inaccuracy or non-availability of any map, location, or distance data. As an example, Comfort Stevens, its site, or app, shall not be held liable for Buyer inadvertently entering into or completing transactions with distant Sellers. Where appropriate and when necessary, Comfort Stevens uses the "Ship To" address provided by Buyer to calculate locations and distances for some features of the Site. Comfort Stevens and its Services shall not be held liable for any harm caused by incorrect distances or locations or by Buyer use, intentional or inadvertent, of an incorrect address. Buyer is only able to cancel orders for Cash-on-Delivery orders. Any other cancellation must be initiated at the request of Seller. Acceptance of any cancellation is at the sole discretion of the Seller. Buyer agrees that Seller may cancel orders for any reason, provided Seller provides Buyer a refund of the purchase price. Comfort Stevens Services retains the right to cancel orders in cases where it deems appropriate to do so due to service disruptions, fraud, or other circumstances beyond the control of Comfort Stevens and its Services. Comfort Stevens is not responsible for any damage or loss resulting from a disruption in service, including any disruption that results from the Site being hacked or compromised in any way. Comfort Stevens is not required to provide any compensation as a result of any disruption, and has sole discretion in reimbursing resulting damages. Comfort Stevens is not responsible for any disruption in service to any third-party applications. Comfort Stevens may, at its discretion, put forth its best efforts to restore the service upon notification.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY COMFORT STEVENS ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMFORT STEVENS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. COMFORT STEVENS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMFORT STEVENS AND ITS SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMFORT STEVENS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COMFORT STEVENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMFORT STEVENS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting www.comfortstevens.com, you agree that the laws of the Federal Republic of Nigeria, without regard to principles of conflict of laws, will govern this Participation Agreement and any dispute of any sort that might arise between you and Comfort Stevens or Sellers on the Site.
Buyer will resolve any dispute directly with Seller, or in accordance with any other applicable policy, rules, or regulations deems fit by Comfort Stevens. Any dispute with Comfort Stevens or its Services relating in any way to this Participation Agreement or your visit to www.comfortstevens.com shall be submitted to binding and confidential arbitration in Nigeria except that, to the extent you have in any manner violated or threatened to violate Comfort Stevens’ intellectual property rights, Comfort Stevens may seek injunctive or other appropriate relief in any state of the Federal Republic of Nigeria, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing in the Chartered Institute of Arbitration in Nigeria. Creation of a look-alike Site, the use of Comfort Stevens Logo, business model and the provision of similar Services that the Site provides. Competing with Comfort Stevens in violation of these non-competition terms, such as by impersonating, using Comfort Stevens logo, creating a-look-alike website and marketplace and implementing a website providing services similar to the Site, shall subject you to an injunction and liability for lost profits, in addition to all other available legal remedies.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Comfort Stevens and its Services reserves the right to make changes to its site, policies, and the terms of this Participation Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. If you become a seller or service provider on the comfortstevens.com site, your activities on that site will be governed by the Seller Participation Agreement and any other applicable policies or agreements required by Comfort Stevens and its services.
If you believe that your work has been copied in a way that constitutes copyright infringement by your competitors on the site, please provide Comfort Stevens a written evidence and proof of “originality” and any other useful information to that regard. Please note that this procedure is exclusively for notifying Comfort Stevens that your copyrighted material has been infringed. You may consider the following when filing your report: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A specific description of where the material that you claim is infringing is located on the site; • Your address, telephone number, and e-mail address; • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. Selling Services On Comfort Stevens Participation Terms
Services Seller Agreement
These terms supplement the general seller agreement you signed up with, and apply to the offer and sale of Your Services through the Selling on Comfort Stevens service. "Your Services" means any services that you offer through the Selling on Comfort Stevens service, including product installation and repair services, in-home delivery services, and optional coverage plans. Your Responsibilities: In consideration and in addition to the obligations and covenants described in your seller agreement, you agree to, and will cause any affiliate representing you, or third party administering, warranting, or otherwise involved in the offer, sale, or performance of Your Services, including your employees, representatives, agents, contractors, and subcontractors (collectively "Your Personnel") to efficiently: a. perform your Services in accordance with the information set forth on the applicable service being offered for sale in your profile on the description page on Comfortstevens.com and in accordance with any applicable manufacturer or other requirements; b. Perform your Services in a competent and proficient manner, consistent with best industry practices in accordance with the level of professional care customarily observed by highly skilled professionals rendering similar services elsewhere. c. comply with any service level requirements and other policies that Comfort Stevens may designate and, upon request, provide Comfort Stevens with reports (in a form designated by Comfort Stevens) relating to your compliance with these requirements. d. maintain industry standard and any other certifications and licenses required by applicable laws or regulations and, upon Comfort Stevens’ request, provide copies to us; e. maintain and adhere to drug and alcohol testing policies that meet or exceed the industry best practices of Your Services and, upon request, provide Comfort Stevens with information related to those policies (in a form designated by Comfort Stevens), including their enforcement. f. Use Comfort Stevens Transaction Information made available to you, including customer addresses and telephone numbers, solely for the purpose of communicating with purchasers of your Services to schedule or cancel them in accordance with Comfort Stevens policies, and ensure that any third-party software you use in rendering Your Services similarly protects Comfort Stevens Transaction Information. g. Discharge your duties and/or services and ensure that why doing so, you do not in any way or any manner, represent to your customers, that you, your representatives, or Your Personnel are representing Comfort Stevens or that you or your Personnel are acting on behalf of Comfort Stevens. h. inform Comfort Stevens of any, and all regulatory filings or permits that Comfort Stevens as an organization is obligated to obtain in order for you and/or Your Personnel to perform Your Services; and i. Comply with all other requirements deemed fit or designated by Comfort Stevens from time to time.
Representations and Warranties.
You represent and warrant that: (a) Your Services and all aspects of their offer, sale, and performance will comply with all applicable laws, including any applicable licensing, registration, or filing requirements; and (b) You and Your Personnel are authorized to lawfully provide Your Services, including under any applicable immigration and work status laws.
Additional Services and Products.
Without limiting any other restrictions on your use of information made available through the Selling on Comfort Stevens service, you and Your Personnel or representatives agrees that you will not at any time, solicit orders from customers whom you got to know, or got their contact information as a result of selling your services on Comfort Stevens plat form, or customers and people you have worked with or provided some services for in the past, sold some services to, for any products or services, by soliciting or contacting such customers directly to sell services to them, using personal emails, contacting them by phones, text messages, through WhatsApp, by Facebook or through any other communication medium outside of Comfort Stevens plat form, with the intention of selling your products and/or providing your services to them for sale. In good faith, and for Comfort Stevens, and your own business interest and success, you agree, not to market such products and services to, any Person that has ordered Your Services, outside Comfort Stevens except as expressly permitted by your seller agreement and applicable Comfort Stevens policies.
You, Your Personnel, or Representative who will be performing any of Your Services at a customer's residence, business, or other location designated by the customer must successfully pass an individual background check conducted by a third party acting on our behalf, unless we inform you in writing that you are exempt from this requirement. We may also periodically require a background check on you, Your Personnel, or your business, or request information regarding your own background check policies and procedures (including before you offer any of Your Services through the Selling on Comfort Stevens service) and you will cooperate with Comfort Stevens and any third party acting on our behalf. The individual and business background check decision criteria will not be made available to you. We have the right to refuse any business or individual applicant for any reason. Any background check on you or Your Personnel may be conducted at any time for any reason.
You will and will cause your affiliates to (including through a third party) maintain: (a) Commercial general liability insurance appropriate in your areas of service to cover liabilities caused by or occurring in conjunction with the offer, sale, and performance of Your Services; (b) workers' compensation insurance where necessary, including but not limited to coverage for all costs, benefits, and liabilities under workers' compensation and similar laws that may accrue in favor of any provider of Your Services, as required by applicable laws or regulations in all the cities, regions, or states where you provide Your Services; (c) auto liability insurance with appropriate limits per loss if the performance of any of Your Services involves the operation of an automobile or other motor vehicle. Your liability insurance should be able to cover liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury. At our request, you will provide to us certificates of insurance for the coverage by any communicational means Comfort Stevens deems fit or through a designated email or via Comfort Stevens designated address addressed to; Attention: Risk Management.
For selling your services at Comfort Stevens Plat Form or Comfortstevens.com marketplace, you agree to a 15% flat deduction service fee and revenue share to apply to the services you sell on Comfort Stevens Services as a Seller or Service Provider.
Frequently Asked Questions from Comfort Stevens
What Does It Cost to Sign Up? N0 Signup Fees, N0 Subscription Fees and N0 Lead Fees You only pay a flat 15% service fee and revenue share for completed jobs based on the service type and final service price. Pre-Packaged Services Services with defined scope which allow customers to purchase based on price estimates (for example: Food Delivery, Goods, Delivery, TV wall mounting, bed assembly, movein or move-out house cleaning).
Services that do not have defined scope and require project details and pro's custom quotes (for example: deck project, electrical wiring project, weed control project)
Services set to a recurring schedule (for example: standard lawn maintenance, regular pool cleaning, standard house cleaning*)
*Pre-packaged services such as move-in or move out cleaning, deep cleaning, hardwood floor cleaning are considered non-recurring.
The fees above apply to all professions, all service types, in all locations. Comfort Stevens deducts the fees as a percentage of the service price, excluding any taxes where necessary, to be collected by Comfort Stevens Services.
Frequently Asked Questions
What is Selling or Provider Services on Comfort Stevens?
Selling or Provider Services on Comfort Stevens allows talents like you to create economic value for themselves by offering or providing your services for sale on Comfort Stevens Services Marketplace. Selling your services on Comfort Stevens allows you to be a provider of the services or e-products you sell to many Comfort Stevens Subscribers right in your neighborhood, city, state, or even internationally, who are looking forward to use your excellent services. With Selling or Provider Services on Comfort Stevens, we provide you a plat form where you get actual orders from people who need your services and create wealth and add actual economic value to yourself and your dependents. What is more is that we are able to showcase your talents, creativity, and services to customers in your locality and beyond-Internationally. With Comfort Stevens Selling or Provider Services, the opportunities and possibilities are endless for the services you provide.
What are Comfort Stevens Pre-packaged services?
Comfort Stevens pre-packaged services are services based on customer-frenzy semihourly most frequently sought service requests in your service area. Services such as, Food delivery, Transient Homes & Alternative Accommodations, Shop-and-Drop-offs and Courier and Goods Delivery Services etc are good examples of Pre-packaged services. You can choose to offer these services and set your own prices. You can even specify exact zip codes, cities, towns, neighborhoods, days/times and your availability in which you offer your services to the public.
What are customized services?
Customized services allow Sellers/Providers and customers to advertise or submit their own customized service requests or job order, specifying what they want to accomplish, and include drawings, pictures, and videos for you to bid on individually. When you receive a customized service request, you can communicate directly by going to the individual’s Comfort Stevens Customer or Seller/Provider profile and ask questions, communicate, and receive feedback, in order to provide an accurate estimate for the service.
What is the difference between Pre-packaged and Customized Service Request?
Pre-packaged services are pre-determined services with pre-defined scopes of work and outcomes in a certain service area. These are services and jobs that have limited variability. On the contrary, Customized Service Requests require more detail exchange, bidding, estimates, written contract where possible between both parties, and arriving at an agreed price and timeline for service delivery. They are generally larger projects, and custom-made jobs with more variability. A good example of Customized job is hiring a Builder to build a custom-made home for you; a dress maker to make a unique apparel for you or your group, hiring a roofer expert, a tiler, or a horticulturists or landscaper expert to beautify your newly completed home environment or to transform your existing house and its environment.
How will customers find me and book my services?
Customers can find your services by searching comfortstevens.com services storefront and/or view your profile page and find the services as displayed.
Can I choose specific areas where to offer my services?
Yes. You can select your specific service area(s) by choosing the cities, towns, neighborhoods, or the zip codes where to provide your services.
How much will it cost me to offer my services?
Comfort Stevens collects a 15% flat service fee for each completed service price, which varies depending on the type of service and size of the project.
When I sign up, am I locked in for a certain period?
No. There is no set time limit or commitment to sell your services on Comfort Stevens marketplace. However, if you violate our terms of contract, engage in illegal activities, commit fraud or found to be connected to unlawful business practices, Comfort Stevens reserves the right to report such activities to the appropriate law enforcement agency and/or unsubscribe you and terminate your account.
How do I get job offers?
Service providers can get new jobs in three different ways: Comfort Stevens by selecting you as their specific service provider and submitting their appointment preferences—credentials that details at least, two days, time (like Sunday or Tuesday, 8 a.m. to 5 p.m.), and the address of where they want the job completed. As a service provider, you will receive these jobs through your Comfort Stevens inbox or through the email you signed up with. After receiving a Custom-Offer-Based job, it is your responsibility to provide the price estimate upfront to the customer and work with the Customer to confirm a final appointment day(s) and time that best fit your schedule and that of the customer. Service Providers Claim-based Jobs: These are jobs/services purchased by Customers on Comfort Stevens marketplace, in certain service areas without the customers selecting a specific service provider. The customer submits her preferences/availability, which includes time(s), day(s) and price range. Comfort Stevens then sends out the job order to service providers in the service area, neighborhood, towns, cities, or zip code. Service providers receive these job order notifications through their inbox, email, or on Comfort Stevens app. i-Buynow/i-Bidnow Jobs: The i-buynow and i-bidnow are jobs/services where the seller and the customer can offer what they are willing to buy or pay for a certain job/service within a service area. Once the customer and the seller reach agreement and the customer pays for the job/service at Comfort Stevens, it is now the responsibility of the seller to provide the service or complete the job as per their agreement.
How do I get paid?
Once the customer pays, Comfort Stevens deposits your payments into your bank account and notify you that your payment has been credited. You must have a valid bank account information in your seller account before you can be paid.
How do I qualify to sell my services on Comfort Stevens?
Sellers must sign up on Comfort Stevens and complete a seller account application to sell their services on Comfort Stevens. They must meet certain requirements and conditions before they can sell their services and/or e-products on Comfort Stevens. • Background Checks: Individual Providers and business must pass our basic background check. For in-home service providers, such individuals or technicians participating in the seller program must also pass our basic background checks to be allowed to provide their services at the customer homes or offices etc. • Licenses and Authorizations: Where necessary, service providers must have appropriate business licenses, skills, technical know-how, certifications, and authorizations to perform the services they offer on Comfort Stevens.
3. Comfort Stevens General Seller Participation Agreement
Seller Participation Agreement & Terms
This Seller Participation Agreement (“Agreement”) states the terms and conditions under which all living or non-living entities (hereinafter referred to as the “Sellers”), who sell their offerings such as products, goods, and or services on the Uniform Resource Locator (i.e., URL) address comfortstevens.com of Comfort Stevens LLC., (hereinafter referred to as the “Comfort Stevens”) on the World Wide Web or the Internet known as www.comfortstevens.com (hereinafter referred to as the “Site”), agree to operate. As used in this Agreement, "you" or "your" refers to each entity or person(s) subscribing to, using or accessing the Site, directly or indirectly, for the purpose of selling goods and or services; "we", "us", or "our" refers to Comfort Stevens and any agent of, independent contractor hired by, designee of, or assignee of Comfort Stevens.
As used in this Agreement, the following terms have the following meanings: “Affiliate” means any entity that accesses the Site directly or indirectly on the behalf of the Sellers or using the Sellers’ information to access the Site to perform any activity. “Service Fees” means the amount of money paid to Comfort Stevens by the Sellers and or the Sellers’ Affiliates for accessing and using of the Site. This Agreement governs your use of the Site, including all of its content and its services (the “Services”). To access the Site and/or use the Services to sell goods or services (collectively “Products and Services”), you must accept the following terms and conditions of this Agreement without change. BY REGISTERING AS A SELLER/SERVICE PROVIDER OR USING THE SERVICES OF THE SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT. ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE INTO THIS PARTICIPATION AGREEMENT. Comfort Stevens reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or the Services, at any time and at its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING COMFORT STEVENS’ POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, YOU MUST DISCONTINUE USING THE SITE AND THE SERVICES IMMEDIATELY AND PAY ANY OUTSTANDING BALANCE OWED TO COMFORT STEVENS WITHIN THIRTY (30) DAYS OF TERMINATING YOUR USE.
You must be legally capable of entering into contracts and assuming contractual obligations to use the Site and the Services. Minors are not allowed to use the Site or the Services. During registration, you must provide your real name, address, phone number, e-mail address, your correct/legal age, and any other required information and data that validate your identity. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the State in which your business is registered and that you are registering for the Services within such State; (b) You have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder; and (c) you are currently in compliance with all applicable laws and regulations, and applicable license requirements, including, but not limited to, food, drug or medicine, cosmetics, and farm produce and goods and services license requirements, and will immediately terminate your use of the Site if at any time, you fail to comply with an applicable law or regulation.
2. Sellers' Listing/Service Fees and Payment Terms.
The fees described in this section that are in effect on the date a Product or service is sold shall govern the transactions. Comfort Stevens shall deduct a flat 15% service, sales, and listing fee(s) (and taxes where applicable) for every product a seller sells via the Site. This percentage fee equals a product or service rate multiplied by the order total price of the product/service sold, excluding shipping and handling and taxes where applicable which are to be paid by the buyer. The service fee equals a Fixed Price per order that is accessed to each Seller with products included in the order. For example, if a seller list shoes for sell on the Site, or a room for rent at the sell price of N16.99, the 15% service/listing fee that Comfort Stevens will deduct when the shoe or room is sold will be N2.54. By accepting the terms of this Agreement and listing Products for sale on the Site, you authorize Comfort Stevens to immediately and automatically deduct the 15% service fee per product and/or service sold via the Site and charge your payment account when a sale is made for the amount you owe as described in this service and listing fee payment terms. In the event that Comfort Stevens is unable to receive an automated payment from you, your account may be automatically disabled and an additional fee may apply for reinstating your Seller account.
At Comfort Steven’s discretion, the Site may choose to offer various membership options, some of which may or may not charge a fee to list your Products on the Site. Some memberships and services may be offered exclusively in collaboration with groups of local businesses. With an electronic mail notification or on the Site, Comfort Stevens may provide Membership fees and applicable listing fees, depending on the type of products or services you offer for sell on the Site. Comfort Stevens reserves the right to change these fees anytime in the future. All listed Membership fees are for reference and each Seller may be accommodated under a fee structure unique to the Seller. In such an event, if it impacts your current membership, you will be given advance notice, and the option to either update your membership or terminate your participation. Paid members may be offered access to privileged pages, services, or features on the Site, that are typically restricted under any free membership. Such privileged pages, services, or features may include calendar features and opportunities to offer coupons. Sellers may hire a third-party manager to manage their storefront on the Site only if the third-party manager is certified by Comfort Stevens to manage third party storefronts. Comfort Stevens will in its sole discretion determine if an individual is eligible for certification to manage third party storefronts
4. Seller Identity.
Comfort Stevens will verify each account and match it to a verified identity and then offer each registered seller a unique identity on Comfort Stevens as part of the membership package. Every seller will have their seller identification and tracking number and approval certificate.
5. Annual Participation Fee.
At present, Comfort Stevens has zero membership fee and participation fee for Sellers selling products on the site. Comfort Stevens may elect to charge a-one time annual Participation fee to guarantee buyer licenses or login accounts desired by the Seller. Participation fee may apply to some qualified sellers based on certain criteria. Members may request exemption. However, Comfort Stevens has sole discretion in granting such an exemption and in determining the Seller(s) that is eligible. The participation fee may be segmented and composed of any combination of annual volume of sales, product type and category and/or the type of Seller License granted.
6. Online Payment Transactions.
Every product, goods, and or services a Seller list for sale on the Site will be completed through the Site payment and Checkout. On no account, should a Seller circumvent or Sabotage Comfort Stevens by collecting payments or encouraging buyers to pay for services, goods, or products, they offer for sale on the Site, outside the Site. If such situations occur, Comfort Stevens will consider and treat it as a case of fraud and will block the Seller and terminate the account in question. Many online payments may be administered using a third-party application, which may include, but are not limited to, Amazon's Payment Services, Authorize.Net, Paypal, and Paypal Payflow Link. Unless otherwise specified in this document, online payments administered through third party applications are subject to any Terms and Conditions, which may include any of the third-party application provider's dispute resolution policies, associated with the corresponding third party application. For all online payments received by the seller on the Site, any fees owed by the seller to Comfort Stevens must be paid by the due date specified on any statement/invoice sent by Comfort Stevens
7. Seller Payment
Comfort Stevens will make online payment, wire transfers or bank transfers to Sellers who receive royalty through the bank account(s) they provided Comfort Stevens at the time they registered their account. For every product or service sold, shipped, or fulfilled by the seller or service provider within 48 hours the order was placed, Comfort Stevens will credit the Sellers’ account after appropriate fee deductions within 14 days or less. Comfort Stevens will not store Seller's or Buyers' credit card information (or other financial information that Comfort Stevens deems sensitive) on the Site when the information is entered into a third-party application.
8. Cash-On-Delivery Transactions.
Sellers have the option to display, list, and advertise their products, goods, and or services on the Site and sell these products locally, payable upon receipt of the Products by the Buyer, also referred to on the Site as Cash-On-Delivery or a COD transaction. To sell Products on the Site via Cash-On-Delivery transactions, depending on the type of products or services the Seller sells, or the membership option, a flat or percentage Participation Fee will apply, when the Seller account is approved and verified.
9. Organizations, Community & Groups Accounts (Wholesale)
Organizations, community, and groups providing wholesale may create an account for their community that includes their products, goods, and services. Administration of Comfort Stevens Community and associated memberships is done by Comfort Stevens, through collaboration with one or more representatives from the community, group, or organization. These organizations, Community, and Groups will pay a corporate membership fee to be registered in Comfort Stevens Community. To become a member of a Comfort Stevens Community, the seller must be validated as a member by the representative of that community. In some cases, seller membership to Comfort Stevens Community may be denied by the representative. Accordingly, Comfort Stevens makes no warranties or guarantees as to the accuracy of information relating to Comfort Stevens Communities, and shall not be held liable for any inaccuracy or error of such information provided on the Site. A Seller's membership in a community, group, or organization does not guarantee that the Seller is or will be included in the associated Comfort Stevens Community. Further, Comfort Stevens shall not be held liable for harm resulting from Comfort Stevens Community member registries differing from those of associated communities, groups, or organizations. If Seller represents a Comfort Stevens Community, Seller must regularly communicate the membership registry of that Comfort Stevens’ Community according to terms set forth by Comfort Stevens. Comfort Stevens has sole discretion in revoking privileges to Seller or other Comfort Stevens’ Community representatives for failure to comply with these terms.
10. Seller's Mailing Address, Picture ID, & Other.
Seller guarantees that any provided address, picture identification, and any other information that Comfort Stevens may seek for the purpose of validating and verifying user identity and account is valid, accurate, complete, and their own. Seller consents to the Site displaying or depicting any address they provide, including their "Ship to" address. This consent extends to, but is not limited to, textual depictions and graphical depictions on a third-party map application, such as Google Maps. Seller further consents to communicating any provided address to third party applications used on the Site.
11. Monthly Statements.
Monthly statements may either be emailed or made available to sellers from within their seller account on the Site. Monthly statements will list fees deducted or owed by the Seller to Comfort Stevens; such fees may include Membership, Service, and Participation Fees owed or paid to Comfort Stevens, and will not include any transaction charges imposed by third party payment provider like Amazon and Paypal. The statement will also include volume of sales made. Any payment due to Comfort Stevens from the Seller must be received by the due date listed on the statement, to avoid the seller account being suspended.
12. Cancellation of Orders.
Seller may cancel orders for any reason in accordance to the Seller’s own independent Returns Policy and Terms and Conditions. Comfort Stevens retains the right to cancel orders in cases where it deems appropriate to do so due to service disruptions or other circumstances out of Comfort Stevens control. Any cancellation of order through Comfort Stevens only cancels the status on Comfort Stevens; Seller is responsible for any other steps required to cancel orders on any third-party applications.
13. Disruptions in Service.
Comfort Stevens is not responsible for any damage or loss resulting from a disruption in service, including any disruption that results from a disruption in an Internet Service Provider's service or from the Site being hacked or compromised in any way. Comfort Stevens shall not provide any compensation as a result of any disruption, and has sole discretion in reimbursing resulting damages. Comfort Stevens is not responsible for lost sales that may have occurred during any disruption in service. Comfort Stevens is not responsible for any disruption in service to any third-party applications. Comfort Stevens may at its discretion put forth its best efforts to restore the service upon notification.
14. Applicable Policies and Guidelines.
You are required to abide by Comfort Steven’s Procedures for Conducting Sales on the Site (the “Procedures”), which are incorporated by reference into, and made part of, this Agreement. The Procedures dictate required transactions processes and set out acceptable conduct and prohibited practices. Comfort Stevens reserves the right to change these procedures and guidelines at any time, and such changes will be effective immediately upon posting the amended Procedures with or without notice to you. It is your responsibility to regularly refer to, understand, and abide by the Procedures. As a requirement for acceptance by Comfort Stevens and for ongoing use of the Site, Sellers must maintain all licenses required by law to sell a given Product, goods or service, and make available such licenses for inspection by Buyers and by Comfort Stevens, when requested. Further, Sellers must maintain a return policy for their prospective buyers as applicable, for use on the Site and the Services offered to Buyers. It is fully understood and agreed by Sellers that they are entirely responsible for all their actions while using the Site and performing any activity on the Site. If Sellers make any mistakes on the Site that cause any monetary or other kinds of losses to the Sellers, Comfort Stevens shall not be held liable for such losses and only the Sellers shall be liable for such losses. Seller agrees that Comfort Stevens may place limits to Seller's use of the Site prior to the Seller's participation in a Seller Training program or Seller Academy selected by Comfort Stevens. Seller may receive training from third party organizations certified by Comfort Stevens’ approval, or by online courses hosted by Comfort Stevens. Comfort Stevens has sole discretion in approving alternate forms of training. Such limitations may include a failure to display seller in the Site's default search results. Comfort Stevens may terminate service to Seller at any time for non-payment of fees, Seller's communication of inaccurate or invalid information, or inactivity, without any prior notification, unless this document explicitly directs otherwise. Comfort Stevens may disable Seller accounts that are registered under free membership on the Site upon 90 days of inactivity, even if Seller's information is accurate and valid, the product information is accurate and valid, and both the Seller and posting comply with the requirements of this and any other agreement between Seller and Comfort Stevens. If Seller is a paid member on the Site, Comfort Stevens will only terminate access for Seller or remove Seller's postings upon violating the terms of this or any other agreement between Seller and Comfort Stevens. Comfort Stevens is not responsible and makes no representations as to the validity of any information provided by Buyers or Sellers. Comfort Stevens does not necessarily agree with any information posted by Buyers and Sellers. The Site may, at time, be unavailable to buyers. Comfort Stevens shall not be liable for any harm to Seller occurring in connection with such unavailability, including lost sales. Unavailability may occur, for example, as a result of maintenance, hardware and/or software upgrades, security measures, or other reasons at the discretion of Comfort Stevens. The duration of such unavailability may be any length, but may, in many cases, last a few minutes to two hours. Comfort Stevens is not required to give any notice of unavailability, but Comfort Stevens may, at their discretion, give advance notice of unavailability when they are able. Comfort Stevens will attempt to schedule any planned downtime during off peak hours between 12:00 am and 4 am Pacific Time.
15. Comfort Stevens’s Role.
Comfort Stevens provides an online marketplace platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions for the sale of goods, products, and services that are not prohibited by the Procedures. Comfort Stevens is not involved in the actual transaction between Sellers and Buyers. Further, Comfort Stevens is not the agent of either Sellers or Buyers. Moreover, Comfort Stevens has no authority with regards to either Buyers or Sellers for any purpose. Sellers may only offer to sell Products on the Site that are lawful and not prohibited to be offered for sale by the Procedures. Under no circumstances may you offer to sell Products or make use on the Site of material that (a) Infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) Constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is the Seller’s responsibility to accurately describe the Products it is offering to sell. As a Seller, you agree to use the Site and the Services at your own risk. Seller understands that the accuracy of listings on the Site may be dependent on third party utilities whose functionality may be out of Comfort Stevens’ control. Unless explicitly expressed elsewhere in this agreement or another agreement between Seller and Comfort Stevens, Seller agrees that Comfort Stevens makes no representation as to the validity and operation of any third-party utilities used on which the Site depends, and Comfort Stevens shall not be held liable for any harm resulting from their operation, malfunction, or non-availability. Comfort Stevens will make every attempt to keep all functionality with third party applications to be up to date. However irrespective of the reasons for the non-functionality, Comfort Stevens will not be held responsible. Stipulations relating to specific examples of third party utilities are provided below: a. Google Maps; b. Comfort Stevens Apps, c. Amazon Payments; d. Authorize.Net; e. Paypal; and f. Paypal Payflow Link etc. These examples provided above are illustrative; the provisions of this document apply to any third-party utility, and do not expand Comfort Stevens’ potential liability for third party utilities in any way. All map functionality is at least partially dependent on Google Maps, individual Buyers, or individual Sellers. Comfort Stevens makes no representations or warranties as to the veracity or availability of the map functionality of the Site. Accordingly, Comfort Stevens makes no representations about the accuracy of driving distance, location, driving time, range calculations, or other data provided on the site dependent on Google Maps, and Comfort Stevens shall not be held liable for any harm resulting from inaccuracy or non-availability of this data.
16. Comfort Stevens Payment Gateway & Service.
IN ORDER TO RECEIVE ONLINE PAYMENTS AND SELL ITEMS ON THE SITE, YOU MUST REGISTER WITH COMFORT STEVENS AS A SELLER AND USE THE COMFORT STEVENS PAYMENT SERVICE (the "Payment Service"), ADMINISTERED BY A THIRD-PARTY PAYMENT APPLICATION, WHICH MAY INCLUDE AMAZON PAYMENTS OR PAYPAL AND ANY OTHER PAYMENT GATEWAY. AVAILABLE PAYMENT OPTIONS MAY INCLUDE ANY PAYMENT OPTION AVAILABLE FROM THE THIRD-PARTY PAYMENT APPLICATION. The Payment gateway/service facilitates the online purchase and products checkout offered for sale by Seller on the Site. The Payment Service helps facilitate transactions on the Site and is not the purchaser of the Seller's Products. Seller agrees to resolve any dispute directly with Buyer in accordance with any terms and conditions of the Payment Application. For example, disputes regarding Amazon Payment Transaction should be resolved in accordance with Amazon’s A-to-z Guarantee. Seller must register online with Comfort Stevens to use the Payment Service and must provide Comfort Stevens with true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes Comfort Stevens to verify his or her information (including any updated information), to obtain credit reports or background information about Seller in order to approve Seller for use of the Site and also from time to time while Seller is registered. The Payment Service is available only to individuals and others who meet eligibility conditions specified by Comfort Stevens and whose applications are acceptable to Comfort Stevens. Sellers waive any rights with respect to the Payment Service when shipping to an address other than that supported by the Payment Service. Seller may provide refunds or adjustments to Buyers for their Site purchases through any functionality Comfort Stevens enables for your account, or by alternate means not supported by Comfort Stevens. Comfort Stevens may modify or discontinue this functionality at any time without notice. The functionality is subject to the limitations in terms of this Agreement. As a security measure, Comfort Stevens may, but is not required to, impose limits on some or all Buyers and Sellers relating to the total number of items in an order, value of any transaction, disbursement, or adjustment; the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time.
Comfort Stevens shall not be liable to Seller for: (i) not proceeding with a transaction, disbursement, or adjustment that would exceed any limit established by Comfort Stevens for a security reason, or (ii) Permitting a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction. If Comfort Stevens concludes based on information available that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, charge backs or other claims, then Comfort Stevens may, in its sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Agreement. Comfort Stevens shall not be liable to Seller if it acts consistent with the provisions of this Section. All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by Comfort Stevens. Comfort Stevens will send notices to Seller at the e-mail address maintained in Comfort Stevens’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by Comfort Stevens. Seller will send notices to us using the functionality for contacting Comfort Stevens provided in the Procedures. Comfort Stevens reserves the right to refuse service to anyone for any reason. Comfort Stevens may earn interest or other compensation from the balances that might result from money owed to Seller by Comfort Stevens. Seller will bear all risk of fraud or loss. Comfort Stevens will not bear the risk of credit card fraud in connection with any of Seller’s products. Comfort Stevens may obtain reimbursement of any amounts owed by Seller to Comfort Stevens by seeking such reimbursement from Seller by any lawful means. You authorize Comfort Stevens to use any lawful method to obtain reimbursement. Seller may terminate his or her participation in the Payment Service at any time by informing Comfort Stevens using an approved method and Comfort Stevens may terminate Seller's participation in the Payment Service at any time without notice to Seller. Upon termination, Seller must pay Comfort Stevens all fees incurred prior to the effective date of the termination, and any pending transactions will be canceled.
18. Rights Reserved by Comfort Stevens.
Comfort Stevens retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to redesign, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to delist, or to require Seller not to list, any or all products, goods, and services in its sole discretion. Comfort Stevens may in its sole discretion withhold to investigate, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. Seller's account may be suspended at any time for posting any inaccurate, illegal, abusive, hate, false advertisement, or negative content on the Site, including reviews, private communications, or comments. You agree to immediately stop and/or cancel orders of your Products, goods, and services when instructed to do so by Comfort Stevens. If you have already transferred your Products to a carrier or shipper before receiving instructions to stop the transaction, you must use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper. You are required to refund any customer (in accordance with this Agreement) that has been charged for an order that Comfort Stevens stops or cancels.
19. Comfort Stevens Participation.
Employees of Comfort Stevens and its affiliates are permitted to participate in their personal capacity (i.e., not as Comfort Stevens employees, representatives, or agents of Comfort Stevens or its affiliates) in the transactions conducted through this Site (unless they have confidential information about a particular item). Employees of Comfort Stevens and its affiliates, when participating in any transaction in their personal capacity, are subject to this Agreement and the Procedures as any Buyer or Seller on this Site.
20. Seller &Taxes.
Except where (Counties, Regions, States, or Countries) Comfort Stevens decides to directly collect taxes or determines otherwise, Seller is expressly responsible for collecting taxes applicable to the transactions and to report, and remit the correct Seller Taxes to the appropriate tax authority. Every Seller on Comfort Stevens is regarded as an independent contractor. Comfort Stevens is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption 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 by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your representatives or their respective employees, agents, contractors or representatives.
21. Returns and Refunds.
As a Seller on the Site, it is your responsibility to provide your customer return and refund policies and accept and process returns, refunds and adjustments relating to your products in accordance with this Agreement and the policies at the time of the applicable order. In any event, at a minimum, your return and refund policies will be at least as favorable as any then current refund policies published on the Site, and applicable to products sold via the Site.
22. Account Security.
Your login account may be used to access the various functions provided by the Site. You are solely responsible for maintaining the security of your password. You may not disclose your password to any unauthorized third party and are solely responsible for any use of or action taken under your account on this Site. If your password is compromised, you must change your password immediately and notify Comfort Stevens of the incident.
23. Illegal Activity
As a Seller on the Site, you must be in compliance with applicable local, state, and federal laws and avoid any form of fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or provide any other false data, like picture identification, social security number and bank account etc. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Comfort Stevens will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Comfort Stevens has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as it deems appropriate. Comfort Stevens also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings. Comfort Stevens reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
25. Disclosure of Information.
Comfort Stevens also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Comfort Stevens’s systems and customers, or to ensure the integrity and operation of Comfort Steven’s business and systems, Comfort Stevens may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
26. Privacy & Use of Comfort Stevens Transaction Information.
A Seller is responsible for reading and accepting the terms of Comfort Stevens’s Privacy Notice published on the Site, which is subject to change without notice. You should check the Privacy Notice frequently for changes. Comfort Stevens and its affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means. When you use the Services, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers. You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from Comfort Stevens or its affiliates (or otherwise) as a result of this Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "Comfort Stevens Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.
27. No Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. COMFORT STEVENS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a.) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b.) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; (c.) THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED; (d.) ANY GUARANTEE OR WARRANTY AS TO THE VERACITY OF ANY USER GENERATED CONTENT, INCLUDING ANY USER INFORMATION ABOUT BUYERS OR SELLERS, AND ANY INFORMATION ENTERED BY BUYERS OR SELLERS. (e.) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (f.) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COMFORT STEVENS. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMFORT STEVENS DISCLAIMS ANY AND ALL SUCH WARRANTIES.
28. General Release.
BECAUSE COMFORT STEVENS IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES COMFORT STEVENS (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.
29. Indemnity/Limitation of Liability.
(a.) Indemnity and Defense. You will defend, indemnify and hold harmless Comfort Stevens LLC, Comfort Stevens Nigeria Limited; the Site: www.comfortstevens.com.ng" class="redactor-linkify-object">www.comfortstevens.com.ng or www.comfortstevens.com and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes, hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity. (b.) Limitation of Liability. COMFORT STEVENS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
30. Applicable Law.
The laws of the federal Republic of Nigeria govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Comfort Stevens or its affiliates relating in any way to these terms and conditions or your use of the Services shall be resolved solely and exclusively by binding and confidential arbitration by an arbiter in Nigeria. In the event the binding arbitration clause is not applicable, claims not appropriate for small claims court adjudication shall be adjudicated in a federal court in Nigeria and you consent to exclusive jurisdiction and venue in such courts. To the extent, you have in any manner violated or threatened to violate Comfort Stevens’s intellectual property rights, Comfort Stevens may seek injunctive or other appropriate relief in any state or federal court in Nigeria, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing Chartered Institute of Arbitration Nigeria. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Because Comfort Stevens is not the agent of either Seller or Buyer for any purpose, Comfort Stevens will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction, except where applicable by law. Comfort Stevens urges Sellers and Buyers to cooperate with each other to resolve such disputes.
By entering into this Agreement and listing an item for sale and as a Seller on the Site, you grant Comfort Stevens a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or noncommercially exploit in any manner, any and all of the content you submit to Comfort Stevens and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) 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 trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Services); provided further, however, that nothing in this Agreement will prevent or impair Comfort Stevens’s right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Comfort Stevens and its affiliates, and that the use of such materials by Comfort Stevens and its affiliates will not infringe upon or violate the rights of any third party.
Comfort Stevens, in its sole discretion, may terminate this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason. Comfort Stevens, in its sole discretion, also may prohibit any Seller from listing Products on the Site.
34. Agreement Not to Compete with Comfort Stevens
By utilizing the Site or the Services and the benefits they provide, you agree to not compete with Comfort Stevens’s business model, or reverse engineer the model and it business structure which includes, but is not limited to, the Site and the Services, or creating a look-alike Comfort Steven’s Site, using a look-alike logo, color themes and operating with similar business model. Competing with Comfort Stevens in violation of the non-competition agreement, such as by creating and implementing a look-alike website, providing services similar to the Site, shall subject you to an injunction and liability for lost profits, in addition to all other available legal remedies.
35. General Provisions
(a.) Entire Agreement: This Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notice and Procedures, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. (b.) No Agency: Third-Party Beneficiary. Comfort Stevens is not the agent, fiduciary, trustee, or other representative of you or your company. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Comfort Stevens, you, and relying Buyers or Sellers. (c.) Severability: If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. (d.) No Waiver: Comfort Stevens’s waiver of any of its rights or remedies described in this Agreement, if any, shall be effective only if the waiver is in a signed writing. No delay or omission by Comfort Stevens in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Comfort Stevens’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Comfort Stevens’s right to subsequently enforce such provision or any other provisions of this Agreement.