Wholistic Hive acts as a marketplace, it provides a sales platform and does not become a contracting party in the agreements concluded between the purchasing and the selling parties. Wholistic Hive provides sellers with a platform to sell their items and become small business owners. Wholistic Hive buyers are transacting with a unique shop not Wholistic Hive itself.
Wholistic Hive is not directly involved in transactions between buyers and sellers. It is the obligation of Vendors to communicate directly with buyers who contact you about questions regarding your product, shipping and return policy. Vendors on Wholistic Hive must be familiar with documentation on Guidelines to Selling on Wholistic Hive.
Maintenance performed on the Wholistic Hive platform can have an adverse effect on its availability. Maintenance work will be, as far as possible, performed with the minimum of inconvenience to members. Routine or planned maintenance work will be performed at times of least possible use and if such work is to be of considerable duration, members will be given sufficient notice. In addition, however, it may be necessary to perform maintenance work without notice, for instance in cases of unforeseeable disruption (e.g. attacks, viruses). A particular level of availability of the Wholistic Hive platform cannot be guaranteed.
Users are able to view product pages, shops or profiles on Wholistic Hive without registration. Registration as a member is required, however, for all other features (e.g. selling, purchasing, using the favorite function, using the communication system on the Wholistic Hive platform, using the comment and rate functions, forums, communities).
The registration of a legal person may only be undertaken by a natural person authorised to represent the legal person. The natural person must be named. In cases where an association of persons can only be effectively represented by more than one person, the natural person who acts on behalf of the legal person on Wholistic Hive must be respectively authorised to do so. Members are obligated to keep their registration information up-to-date at all times and when relevant changes occur (e.g. move, marriage etc.) to update the information accordingly.
Members must comply with applicable statutory requirements at all times when using our services; in particular, but not limited to content from members may not violate:
- criminal law,
- regulations for the protection of minors,
- data protection law,
- third party copyrights, trade mark rights, sign rights, patent rights or rights to a name
- moral rights or other third party rights
Goods or services which may not be offered and content which may not be published include but are not limited to:
- stolen goods/fenced goods (for example, goods acquired through fraudulent means)
- media harmful to young people
- premium telephone numbers
- incitements to commit crimes, racist content
- propaganda articles of banned parties, associations and groups
- items from anti-constitutional organisations
- slanderous, defamatory or libellous statements
- counterfeit goods, imitations of branded goods
- content which offends common decency (contra bonos mores)
- images or other files which are protected by copyright if the user has not obtained the respective right of use
- items produced using child labour
- images or other files which infringe trade mark rights, company name rights or other proprietary rights
Furthermore, one should note that there are many items whose trade is subject to special – sometimes very strict – statutory regulations or restrictions. This includes, but is not limited to:
- trade in toys
- trade in foodstuffs
- trade in textiles
- products from protected plant and animal species
Please note that content on the Wholistic Hive platform is fundamentally accessible worldwide. Therefore, depending on the case it is possible that laws of other countries must be observed. This applies in particular to offers of goods and services aimed at customers in other countries; in particular, members who offer a good or service outside of Canada or country of origin Wholistic Hive websites must usually also observe the regulations applicable in the country where they are offering said good or service.
Consequences of violations of law or of these Terms and Conditions
The online marketplace of Wholistic Hive can only work smoothly if all members adhere to the rules. Therefore, Wholistic Hive reserves the right to take measures against members where specific evidence suggests that the member, through his or her use of the platform, violates or has violated applicable law and/or these Terms and Conditions. When deciding upon these measures, Wholistic Hive shall take into consideration the operational requirements of the Wholistic Hive platform, own liability risks as well as the legitimate interests of any party asserting a claim and those of the member (e.g. debts, seriousness of the breach of duty, risks, statement of the user).
If Wholistic Hive should learn of evidence for breaches of duty on the part of the member, e.g. through complaints from third parties, Wholistic Hive will inform the member thereof. When doing so, Wholistic Hive is entitled to set a time limit for the member to submit a statement on a case by case basis; in the case of extreme urgency, this time limit can be just a few hours.
The sanctions which Wholistic Hive can place on a member are:
- issue a written warning to the member, demanding the violation is immediately ceased;
- suspend, block or terminate individual offers (e.g. shop, profile, item) or content (e.g. ratings, forum posts, individual information) of the member on the Wholistic Hive platform;
- limit or restrict the member’s use of the Wholistic Hive platform (e.g. block access to forum, limit number of offers);
- preliminary blocking of the member;
- exclusion of the member
In the case of the termination of offers or the blocking of a member account (preliminary blocking or exclusion) due to the existence of a violation of the law or a violation of these Terms and Conditions, the member shall owe all fees due in relation to the respective offer up to the point of termination by way of compensation. The fixing of the compensation does not affect the right to provide evidence that no loss, considerably lower losses or considerably higher losses have been incurred.
A member whose membership has been terminated is not allowed to reregister at Wholistic Hive or to use other member accounts.
Wholistic Hive is entitled to remove offers of members at its own discretion if these offers are not in line with the overall image of the Wholistic Hive platform. Provided the member is not responsible for any breach of duty, Wholistic Hive will, on request, cancel or reimburse any fees due on the removed offer.
Reporting violations of these Terms and Conditions
Violations of these Terms and Conditions as well as of the Wholistic Hive Guidelines may be reported by members using the /contact-us page.
If a report is submitted by the legal representative of an authorised person (e.g. in the case of copyright infringements), we request that the legal representative sends us the notification of the rights infringement together with proof of his or her authorisation to represent the respective person (power of attorney) by fax, by email with a scan or by letter. Wholistic Hive reserves the right to demand to see the original of the power of attorney document.
The member releases Wholistic Hive from any claims which third parties might assert against Wholistic Hive due to a rights infringement or breach of duty of the member, unless the member is not responsible for the breach of duty. This covers, in particular, the listing of items, ratings or forum contributions which is unlawful or contrary to contract. Reasonable costs of a legal defence (in particular, attorney fees) which Wholistic Hive has demonstrably incurred through the misconduct of the member, must also be reimbursed.
The user agreement shall run for an indefinite period of time and may be duly terminated by the member or Wholistic Hive at any time providing a notice period of seven days. Notification of termination by the member may be in the form of a written communication to Wholistic Hive or an email to support@WholisticHive.com or through de-registration in the section “My profile” via the menu point “Edit Profile”.
Rights of Use
1. The member grants Wholistic Hive all rights in the content uploaded by him or her to the online platform necessary for the fulfilment of the agreement. This covers, in particular, the right to reproduce, distribute, make available to the public or adapt, for the purpose of providing the services, the content uploaded by the member. Wholistic Hive is, in particular, entitled to reproduce, distribute and make available to the public all content uploaded by the user also beyond the end of his or her membership.
- Furthermore, the member grants Wholistic Hive the right to use the content listed by him or her in the advertising for the online platform or individual offers, in particular for advertising on the internet (in particular affiliate advertising, eCards etc.), in print advertising and/or TV advertising. To this end, Wholistic Hive is especially entitled to reproduce, distribute, make available to the public, adapt or broadcast content of the member or to communicate the broadcasts or make them available to the public.
- The rights granted under points 1 and 2 above are granted to Wholistic Hive as non-exclusive exploitation rights in perpetuity and throughout the universe. The rights granted under points 1 and 2 above may be assigned and sub-licensed by Wholistic Hive to third parties. Wholistic Hive shall not be liable to pay any additional remuneration in such cases.
Limitation of liability
Liability for non-availability of the online platform is excluded. In particular, no claims against Wholistic Hive can exist where non-availability affected purchase agreements, for example because an item cannot be listed or a purchase agreement is not concluded.
Wholistic Hive is not liable for the performance of agreements between members.
Responsibility for content and links
Wholistic Hive is not obligated to monitor the information transmitted or stored or to search for possibly illegal content.