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Seller Agreement

This Seller Agreement (“Agreement”) governs how individuals and businesses (“Seller”, “you”) list and fulfill prizes on the Zishes platform (“Zishes”, “we”, “our”, “Platform”). By listing any item, you accept this Agreement and all linked policies, including Terms & Conditions, Prohibited & Restricted Items Policy, Prize Competition Guidelines, Failed Delivery Policy, International Shipping & Customs Policy, Fair Play Policy, and Privacy Policy.

1) Eligibility & Onboarding (KYC/KYB)

  • You must be 18+ (or local age of majority) and pass identity and business verification (KYC/KYB). We may request company formation docs, trade license, tax IDs (e.g., TRN/GSTIN/VAT), UBO details, and proof of address.
  • We may refuse, suspend, or terminate Seller access at our discretion where compliance or risk thresholds are not met.

2) Seller Representations & Warranties

  • Listed prizes are authentic, lawful, accurately described, and owned by you with full rights to transfer.
  • Listings do not infringe any third-party IP, brand, or privacy rights; you are authorized to use brand names, logos, and images where shown.
  • You will comply with sanctions/export controls and applicable consumer, customs, tax, and e-commerce laws in origin and destination countries.

3) Listing Standards & Prohibited Items

  • Provide complete details: product name, condition, accurate description, retail value, images, serial/model numbers (if applicable), documentation included (invoice, warranty, COA).
  • Strictly comply with Prohibited & Restricted Items Policy (weapons, drugs, counterfeits, endangered species, hacking tools, etc. are prohibited).
  • High-value or regulated items may require pre-approval and extra documentation (see High-Value Prizes Clause).

4) Pricing, Entries & Competition Parameters

  • You set the prize value and required entries; once a competition is live, entry cost and prize value cannot be increased.
  • Closing dates are fixed unless the listing transparently discloses conditional extension/early close permissible by law and Platform rules.

5) Fees, Taxes, Invoicing & Payouts

  • Zishes charges a 15% service fee on the Seller payout. Applicable VAT/GST is charged on this fee where required, and we issue a tax invoice for our fee.
  • India: where applicable, Zishes will deduct 1% TCS on consideration for goods under Indian rules. GST-registered Sellers must issue GST invoices to the Winner (or to Zishes if we buy on Winner’s behalf); non-registered Sellers acknowledge TCS may be non-creditable to them.
  • UAE/UK/EU/SG/other: Sellers are responsible for VAT/GST on their goods where registered/liable. Provide your TRN/ VAT number where applicable.
  • Payout timing: Unless otherwise stated, payouts are released after (i) winner verification (KYC), (ii) valid proof of shipment (tracked), and (iii) no material dispute. We may hold payouts until delivery confirmation for high-value items.
  • Reserves & withholdings: We may impose a rolling reserve, delay, or withhold payouts to cover risk of chargebacks, fraud, counterfeits, legal claims, or fines.
  • We may offset any amounts you owe us (fees, penalties, refunds) against your current or future payouts.

6) Shipping, Delivery & Documentation

  • Ship within the timeframe stated in your listing using reputable carriers with tracking; signature on delivery is required for high-value prizes.
  • Provide documentation: commercial/export invoice, packing list, HS codes, authenticity certificates, warranty cards, and serial numbers (where applicable).
  • International: comply with International Shipping & Customs Policy. Unless otherwise stated, shipments are DAP/DDU; Winners pay import duties, VAT/GST, brokerage.
  • Insurance is strongly recommended and may be mandated by Zishes for high-value shipments. You remain responsible to re-ship or replace items lost/damaged in transit where carrier liability or insurance is available.

7) High-Value Prizes, DOA & Warranty

  • Follow the High-Value Prizes Clause: include invoice in Winner’s name where possible; transfer warranties/guarantees; no cash alternatives.
  • DOA/defects: If reported within 48 hours of delivery with evidence, you must collect and replace/repair per manufacturer warranty or your return policy; the Winner must not be left without a functioning prize.

8) No Cash to Winners / No Off-Platform Deals

  • You must not pay cash or cash equivalents to Winners. Remedies are managed under Zishes policies (e.g., Zish Credits, replacement).
  • You must not solicit or complete prize fulfillment, payments, or refunds off-platform to avoid fees or controls. Non-circumvention applies during and 12 months after your last listing.

9) Counterfeits, Misrepresentation & Penalties

  • Counterfeit, fake, or misdescribed items are strictly prohibited.
  • If you falsely represent authenticity, brand, or condition, we may immediately cancel the competition, withhold all payouts, charge penalties up to the full prize value plus costs, permanently terminate your account, and report you to brand protection and law enforcement.
  • We may require lab/brand verification or chain-of-custody for luxury goods and collectibles.

10) Cancellations, Failed Delivery & Ties

  • If a competition cannot complete, entrant ZC are re-credited per Refunds & Cancellation Policy. No cash refunds.
  • If you fail to deliver or deliver prohibited/counterfeit goods, Zishes will re-credit Winners in ZC and may remove or ban you. We may claw back payouts or apply reserves.
  • In a tie, Zishes may award ZC of prize value to tied Winners; the physical product may be retained by Zishes and you still receive the agreed payout.

11) Chargebacks, Clawbacks & Reserves

  • If we incur chargebacks, fraud losses, penalties, or refunds related to your listings, we may deduct from current/future payouts, hold a reserve, or invoice you for the shortfall.
  • You must cooperate in disputes (timely documents, tracking, proof of authenticity).

12) Data, Privacy & Communications

  • You may use Winner data solely to fulfill the prize; no marketing or reuse without explicit consent and compliance with privacy laws.
  • You must implement reasonable security to protect any personal data you process.

13) Anti-Bribery, AML & Sanctions

  • You must comply with anti-bribery/anti-corruption, AML/CTF, and sanctions laws. We may request information (including source of goods) and restrict activity based on risk.

14) Intellectual Property & Content License

  • You grant Zishes a worldwide, royalty-free, sub-licensable license to host, display, and promote your listing content for Platform operations and marketing.
  • You warrant your content is lawful and non-infringing; you will respond promptly to rights-holder notices.

15) Indemnity & Liability

  • You will indemnify, defend, and hold harmless Zishes and its affiliates against claims, damages, costs (including legal fees) arising from your listings, goods, counterfeits, IP infringement, product liability, tax failures, or legal breaches.
  • To the maximum extent permitted by law, Zishes’ total liability to you is limited to the fees paid by you to Zishes in the 12 months preceding the claim or USD 100, whichever is higher.

16) Audit, Records & Compliance Checks

  • Maintain accurate records (invoices, proof of purchase, shipping docs) for at least 5 years and provide copies upon request.
  • We may conduct compliance reviews and request additional evidence for authenticity or lawful sourcing.

17) Suspension, Termination & Survival

  • We may suspend or terminate your access immediately for policy breaches, legal risk, fraud, or repeated poor performance.
  • Sections relating to fees, taxes, indemnity, IP, data, records, penalties, and dispute resolution survive termination.

18) Dispute Resolution & Governing Law

Disputes should first be raised with Zishes Support. If unresolved, governing law and venue follow our Terms & Conditions. Mandatory consumer protection laws remain unaffected.

19) Changes & Notices

We may update this Agreement to reflect legal, risk, or product changes. Updates take effect when posted in-app/on site. Continued listing constitutes acceptance. Notices may be delivered in-app or via email to your registered address.

Effective date: [Insert Date]. This Agreement forms part of the Zishes Legal Pack and must be read with linked policies.

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