These Terms of Use (“Terms”) govern access to and use of the website, mobile applications, APIs, software, products, and services (collectively, the “Platform”) operated by Fynext Labs Pty Ltd (ABN 25 696 584 175) incorporated under the laws of Australia, providing its service via its product/platform called “Vendora Genie”, a B2B eCommerce platform (“Company,” “we,” “our,” or “us”).
By registering for an account, accessing, or using the Platform, you agree to be legally bound by these Terms. If you do not agree, do not use the Platform.
01 Eligibility
You may use the Platform only if:
- You are at least 18 years old
- You have legal capacity to enter contracts
- You are not barred from using such services under applicable law
- If acting for a business entity, you represent that you are authorized to bind that entity
02 Platform Services
The Platform enables merchants to:
- Create online storefronts
- List and sell products / services
- Manage orders
- Integrate payment gateways
- Manage logistics / shipping integrations
- Access analytics tools
- Use third-party plugins / apps
- Manage customer communications
The Company only provides technology infrastructure and does not act as:
- Seller of merchant goods
- Manufacturer
- Distributor
- Importer / exporter
- Payment institution (unless separately licensed)
- Logistics service provider
Merchants remain solely responsible for their stores and transactions.
03 Account Registration
Users must provide accurate registration details, valid business information, tax details where required, payment information, and updated account information.
You are responsible for maintaining account confidentiality, restricting unauthorized access, and all activity under your account.
04 Merchant Responsibilities
Merchants are solely responsible for:
- Product quality
- Product legality
- Product descriptions
- Inventory management
- Pricing accuracy
- Taxes
- Refund obligations
- Consumer law compliance
- Import / export restrictions
- Required licenses
Merchants must comply with consumer laws, advertising laws, product labeling laws, tax regulations, data privacy laws, and payment laws.
05 Prohibited Products & Activities
You may not use the Platform for:
- Counterfeit goods
- Illegal drugs
- Weapons
- Gambling services
- Adult illegal content
- Fraudulent schemes
- Money laundering
- Sanctioned goods / services
- IP infringement
- Restricted pharmaceuticals
- Child exploitation material
We reserve the right to suspend such accounts immediately.
06 Fees & Subscriptions
You agree to pay subscription fees, transaction fees, payment processing fees, app / plugin fees, and applicable taxes.
Fees are non-refundable unless required by law and subject to revision with prior notice. Failure to pay may result in suspension.
07 Payment Processing
Payments may be facilitated through third-party processors. We do not store full payment card information unless expressly stated.
Users agree to comply with PCI-DSS standards, payment processor terms, and anti-money laundering laws. For U.S. merchants, compliance may involve federal regulations under the Bank Secrecy Act (BSA) where applicable.
08 Taxes
Merchants are solely responsible for: GST (India / Australia / NZ); Sales Tax (US); VAT (if applicable); customs duties; and marketplace reporting obligations. The Company may collect taxes where legally required.
09 Third-Party Services
The Platform may integrate with payment gateways, shipping providers, marketing tools, ERP software, accounting systems, and social media channels. We are not liable for third-party failures.
10 User Content
You retain ownership of product images, store content, logos, descriptions, and marketing materials. You grant us a worldwide license to host, display, and process such content for operating the Platform. You warrant that content does not violate third-party rights.
11 Intellectual Property
All Platform software, branding, APIs, design systems, trademarks, and proprietary technology remain the exclusive property of the Company. Unauthorized copying is prohibited.
12 Data Privacy & Cross-Border Compliance
Your use of the Platform is also governed by our Privacy Policy. Depending on your location, the following laws may apply:
India
- Digital Personal Data Protection Act, 2023
- Information Technology Act, 2000
- SPDI Rules, 2011 (where applicable)
Users have rights regarding consent withdrawal, data correction, data deletion, and grievance redressal.
Australia
- Privacy Act 1988
- Australian Privacy Principles (APPs) under Section 14
New Zealand
- Privacy Act 2020
- Information Privacy Principles
Mandatory breach notification obligations may apply.
United States
Depending on state residency:
- California Consumer Privacy Act (CCPA)
- California Privacy Rights Act (CPRA)
- Virginia Consumer Data Protection Act
- Colorado Privacy Act
- Connecticut Data Privacy Act
- Utah Consumer Privacy Act
Cross-Border Transfers
By using the Platform, you consent to cross-border transfer of data where necessary for service delivery. We implement reasonable safeguards for international transfers.
13 Data Security
We maintain reasonable safeguards including encryption, access restrictions, monitoring, security audits, and incident response procedures. No platform can guarantee absolute security.
14 Marketplace Compliance
Merchants must comply with consumer protection laws, product safety laws, advertising disclosures, refund regulations, and shipping regulations — including the Australian Consumer Law; Consumer Guarantees Act 1993; Federal Trade Commission Act; and Consumer Protection Act, 2019.
15 DMCA / IP Takedown (U.S.)
For U.S. operations, copyright complaints may be submitted under the Digital Millennium Copyright Act. The Company may remove infringing content.
16 Termination & Suspension
We may suspend or terminate accounts for: fraud; chargeback abuse; illegal sales; policy violations; regulatory risks; non-payment. Users may terminate accounts subject to outstanding dues.
17 Disclaimers
The Platform is provided on an “AS IS” and “AS AVAILABLE” basis.
We do not guarantee: uninterrupted service; sales performance; platform uptime; compatibility with all integrations.
18 Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for: lost profits; indirect damages; data loss; business interruption; third-party failures. Liability may be capped to fees paid in the preceding 12 months.
19 Indemnification
You agree to indemnify the Company from claims arising from: your products; regulatory violations; customer disputes; tax failures; IP infringement; fraudulent conduct.
20 Export Controls & Sanctions
Users must comply with U.S. export control laws, OFAC sanctions, Australian sanctions laws, Indian export restrictions, and NZ sanctions laws.
21 Force Majeure
We are not liable for delays caused by natural disasters, cyberattacks, government restrictions, war, or telecom failures.
22 Governing Law & Dispute Resolution
These Terms shall be governed by the laws of Australia. Disputes shall be resolved via: good faith negotiations; arbitration; courts with exclusive jurisdiction where arbitration is not enforceable.
For India: arbitration under the Arbitration and Conciliation Act, 1996 may be referenced.
23 Class Action Waiver (U.S. Users)
To the fullest extent permitted under applicable law, any disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or the services provided by the Company shall be resolved on an individual basis only.
Users agree that they shall not bring or participate in any class action, collective action, representative action, private attorney general action, or other consolidated proceeding against the Company. Unless prohibited by applicable law, users further agree that claims may not be combined with claims of other users or third parties. This clause shall apply only to users located in the United States and only to the extent enforceable under applicable federal and state laws.
24 Modifications to Terms
We may revise, amend, or update these Terms from time to time. If we make material changes that significantly affect your rights or obligations, we will provide reasonable prior notice through email notification, notice on our website, or notification through your account dashboard or Platform interface.
Unless otherwise required by applicable law, revised Terms will become effective on the date specified in the updated Terms. Your continued access to or use of the Platform after the effective date of the revised Terms constitutes your acceptance of such updated Terms.