This version is updated on Apr 10, 2024 (PST) and effective from Apr 17, 2024 (PST).
Previous Version:https://www.doba.com/supply/terms/?guideId=VebjvCDebYqq
The Doba Marketplace Supplier Agreement, User Agreement, User Membership & Privacy Policy Agreement as well as any and all other policies listed on Doba’s site set out the terms in which Doba offers the supplier access and use of our sites, services, applications and tools. All policies have been incorporated into this agreement. The supplier agrees to comply with all of the above when accessing and using our site. The Doba Marketplace Supplier Agreement governs supplier use of the Doba Marketplace as a supplier meaning the agreeing party supply and/or post available product for sale within the Doba marketplace. Any reference to the “supplier” is equal to a “user”, “seller”, “distributor”, “artisan”, “creator”, “owner” or “manufacturer” of the product(s) being listed for sale in the Marketplace. As Doba’s marketplace is a business-to-business, “membership only” website; any reference to a “retailer” is equal to a “retailer”, “customer”, “buyer”, and/or “Doba member” which is further described as the ordering, paying customer of the said products/goods the supplier may be listing within the Doba marketplace.
Doba reserves the right to change any of the terms and conditions contained in this Marketplace Supplier Agreement or any policies or rules governing the marketplace at any time and at its sole discretion. Doba will post an notification of any revisions to The Marketplace Supplier Agreement and other policies or rules on the Doba site. Any such changes will be effective upon the posting of the revised Marketplace Supplier Agreement or such policies and rules on the Doba site,Suppliers can refer the terms foresaid at https://www.doba.com/supply/terms/. The supplier is solely responsible for reviewing any such notice and the corresponding changes to the Marketplace Supplier Agreement. If a supplier refuses to accept the new policy, he must give up the service provided by the platform; continued use of the marketplace following any such revisions to the marketplace supplier agreement or such policies and rules will constitute official supplier acceptance of changes.
1. Agreement to Doba's Terms of Use and Privacy Policy
The terms of this Marketplace Supplier Agreement are in addition to and supplement Doba's Terms of Use and Privacy Policy. By signing and entering into this Marketplace Supplier Agreement, the supplier also agrees to abide by Doba's Terms of Use: https://www.doba.com/site/terms/ and Privacy Policy: https://www.doba.com/site/privacy/.
2. Agreement to Doba's Return & Refund Policy
The Return and Refund Policy applies to all members who have registered on Doba. You can find out more details by clicking on this link: https://www.doba.com/site/refund-policy/.
3. Purpose and Use of the Marketplace
Doba provides the marketplace solely as an online catalog for retailers to locate and purchase refurbished and new products from suppliers. Doba is a facilitator of the transactions between the supplier and the retailer. Doba will assist in resolving any order/payment issues as needed and will communicate questions or concerns with the retailer if necessary to complete a transaction. The supplier agrees that any use of the marketplace will comply with applicable laws, ordinances, and regulations. At any time, Doba may terminate this Marketplace Supplier Agreement and may remove the supplier’s product listings if the supplier is in violation of this agreement or any of Doba’s terms of use or privacy policy.
4. Supplier Eligibility
The signing party and/or supplier must be 18 years or older to use the marketplace and must be able to lawfully enter into and form contracts under applicable law. Prior to creating listings in the marketplace, the supplier must be reviewed and approved by Doba’s Supplier Team and set up a supplier account with Doba. In setting up this account, they must provide the full and legal name, current address, phone number, and email address. Supplier(s) must authorize Doba to verify the accuracy of supplier information and to perform credit or background checks, as it desires. Doba also reserves the right to review individual products, for acceptable content, pricing, etc. Doba may deny or terminate a supplier account at Doba’s discretion should the supplier fail to comply with the policies and guidelines mentioned in this agreement.
5. Supplier Storefronts
Each supplier creates a storefront that is visible to the Doba retailer base. These storefronts can be named at the supplier's discretion following the listed rules:
- The name of the store must be concise and popular, in line with the retailer’s cognitive habits;
- Do not contain any information that may mislead the retailer;
- Do not use any words involving politics, pornography, violence, etc. that violate national laws and regulations or infringe the rights of others;
- Do not include contact information such as telephone, e-mail, instant messaging, .com, .cn, or any similar URL suffixes;
- Country names are not allowed, such as USA flag;
- If a registered trademark or words such as "Official XXX Store" are used as part of the store name, the supplier must provide relevant certification or authorization documents to the Doba review department that the brand name can be used in the store name;
- Do not contain other information that violates the rules and policies of Doba.
6. Dropshipping Price
Doba will add a markup for each order. Each supplier’s markup rate is initially determined to be 5% (the markup is no less than $0.5). The Doba markup is paid by the retailer. Meanwhile, Doba reserves the right to adjust the markup.
7. Payment & Fees
7.1 Payment Schedule
Doba will release payment to the supplier’s account for an order 21 days after said order is shipped. An order is considered shipped when valid tracking has been added to the order.
Doba reserves the right to adjust the aforementioned payment schedule according to a supplier’s transaction performance on Doba. Decisive factors include but are not limited to order processing time, delivery time, refund rate, etc. Doba will notify the supplier before any adjustment takes place.
7.2 Payment Method
Suppliers are paid via connecting their banking information to the Doba Seller Center. Doba will only release the eligible funds to the supplier’s company banking account, not a personal banking account. The company information must match the supplier application and tax forms. It is the supplier’s sole responsibility to maintain their company's valid account on file with Doba to receive the funds. Doba won't be responsible for the delay of, or an inability to receive funds, if a supplier fails to provide a valid company's banking account.
7.3 Payment Additional Details
Suppliers agree to sell their item(s) and Doba agrees to pay for them for no less or more than the agreed “product price", "drop-ship fees", "handling fees", and/or “shipping costs" the supplier assigns to each item when they list an item within the marketplace. Each of these applicable costs will be listed separately to the "retailers". When a supplier sells an item to a retailer through a listing on the marketplace, the retailer authorizes payment to the supplier via the retailer's Doba account for the entire "supplier product price" and/or "product price" plus shipping costs.
7.4 Refund Fee
If an order is refunded due to the supplier’s fault, Doba will deduct 2% of the refund amount from the supplier’s future payments. The maximum refund management fee is $40.
7.5 Chargeback Fee
The supplier is subject to a $15 chargeback processing fee for any lost or open chargeback cases. If the chargeback is not the fault of the supplier, the fee will be dropped, and the funds will be unfrozen. See Chargeback/Payment Dispute Processing for more information.
8. Chargeback/Payment Dispute Processing
A chargeback, also called a payment dispute, is a reversal of funds after a retailer has issued a dispute on a credit or debit card transaction with his/her bank. After the retailer has filed a dispute with his/her bank, the bank initiates the chargeback process, holding the disputed transaction funds until it determines what to do with them. If the bank rules in favor of the retailer, the funds are returned to him/her from the supplier's merchant account or business bank account. If the bank rules in favor of the business, the disputed funds are returned to the supplier’s account.
Upon receiving a chargeback, Doba will help to appeal, for instance, Doba will compile internal information and combine that with information the supplier provides to dispute a chargeback, per credit/debit card guidelines. If necessary during the process of appeal, the supplier will need to prepare compelling evidence and illustration to try to fight against it within a limited time frame. After submitting the evidence, the chargeback case could take 75 or more days to be resolved. Because the debit/credit card issuer determines this process, allowable time frames are determined by the credit card industry. During this review process, a temporary hold may automatically be placed on the transaction funds, plus a $15 chargeback processing fee. This hold will stay in place until the chargeback is resolved with the debit/credit card issuer and will be released back to the supplier if the chargeback is settled in the supplier’s favor, otherwise, the frozen amount will be deducted from the supplier’s funds account.The debit/credit card issuer determines the outcome of the appeal. Should the supplier disagree with the resolution, the supplier can start an arbitration with Doba directly within their supplier portal.
9. Fraudulent Activities
In any case, Doba may unilaterally judge whether the supplier attempted or committed fraudulent activity with respect to the Marketplace. Once determined, Doba may immediately take any measures to retrieve a loss or damage, including but not limited to suspending or terminating the supplier account, withholding funds in the supplier’s account, charging the supplier’s payment method on file, and/or collecting such funds in any other lawful manners to recover any damages and costs incurred by Doba in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law.
10. Refunds and Claims
If any problem is raised concerning an order, the retailer may request a refund (Hereinafter referred to as a “Dispute”) for it via his/her Doba account. Doba will notify the supplier to handle the Dispute via email and seller center. Please see the Return and Refund policy here for details: https://www.doba.com/site/refund-policy. The Return and Refund Policy applies to all members who have registered on Doba. All the Disputes should be handled in a reasonable time and appropriate manner. Handling the Disputes in time will give the supplier an opportunity to resolve issues before the retailer escalates the issue to a claim. It’s in a supplier’s best interest to work with the retailer to resolve the Dispute, also a chance to use great customer service to solve an issue and help prevent it from growing into something larger. If the supplier doesn’t reply to the Dispute in a timely manner after the Dispute is filed, Doba may close the Dispute in the retailer’s favor, and a full refund will be issued. If/when this action takes place, Doba may deduct from the supplier payment account for such refunds and/or associated fees. If the Dispute can’t be resolved with mutual consent, it may be escalated to a Claim. At this point, Doba becomes directly involved and will make a decision using the information that’s provided. During the resolution process, Doba may ask either or both parties for more information. Doba will work to evaluate the information provided and determine the outcome of the Claim. This process usually takes up to 10 business days, but more complex cases could take longer than that.
11. Information and Content Provided by Suppliers
The supplier agrees and warrants that any product description that is provided in the Marketplace and any other information and/or content that is provided to retailers via Doba’s Marketplace at any time (“Supplier Content”): (a) will be truthful, accurate and not misleading or otherwise deceptive; (b) will not violate the intellectual property rights of any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation; (d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and, (e) will not create liability for Doba (f) all items must be accompanied by a minimum of one high resolution image no less than 500 DPI (preferably on white background), (g) will contain accurate and verified UPC, model and/or MPN data when applicable (h) if refurbished/used; applicable products must be described as such within the product title description and the “condition” field of the data file (i) warranty/return policy content must be clear and concise within the applicable fields (j) any warranty/warranty instructions being offered with a product must be shipped with the product when the order is fulfilled. Doba may publicly display all submitted content by a supplier as Doba sees fit, at no charge to Doba. The supplier automatically grants, as well as represents and warrants that suppliers have the right to grant to Doba (which includes, without limitation, all of Doba’s affiliated companies), an irrevocable, perpetual, sub-licensable, transferable, non-exclusive, royalty-free, and fully paid-up, worldwide right and license to use, copy, transmit, perform, display, modify and create derivative works, incorporate and imbed into other works, and distribute such supplier content throughout the site and all of the Doba properties and web sites (including, without limitation, those properties and web sites of Doba’s affiliated companies) in any medium or form now existing or later created. It is the supplier’s responsibility to maintain the accuracy and validity of all submitted content. This includes accurate prices and price changes or revisions. If/when a supplier receives an order for an item that is not accurately priced; the supplier should fulfill all orders under the stated price at the time the order was created. If the error is the result of a Doba error, Doba will cover this error and expect the supplier to fulfill the order at the earliest possible processing time after the error is resolved. Doba finds it unacceptable for an order cancellation due to inaccurate pricing and/or content error issues. Errors like these could result in the removal of the supplier’s product listings, and/or suspension or deactivation of the supplier account as the supplier is solely responsible for updating this content. If/when inaccurate data or content creates an order inquiry from any retailer; Doba will attempt to resolve the inquiry request by communicating directly with the supplier's stated contact via email, telephone, or in-person. Please see https://www.doba.com/site/refund-policy for additional details.
Promotion authorization
The supplier agrees that Doba promotes the company, products, and other information provided by the supplier on all platforms or social media (including existing or future platforms or social media) operated by Doba and agrees that Doba will not change the supplier's information. In the case of the substance of the information provided, it is exempted from any legal responsibility arising from the information.
12. Contact Information
It is the supplier’s responsibility to keep their contact information updated with Doba. The supplier contact information within the Doba supplier account settings will be used for this communication. Any inability for Doba to reach the supplier may result in the supplier’s account being suspended. If/when the supplier's account contact is out of the office, it is the supplier’s responsibility to provide Doba with a temporary contact while the regular account manager is not available.
13. Products Sold Through the Marketplace
The supplier hereby represents and warrants that they will list, offer or sell products that (a) include high-quality goods and sufficient packaging; (b) branded items must be authentic, genuine, and/or original; (c) all products with listed expiration dates on the packaging must include a non-expired data; (d) products/packaging must match the images/descriptions as described within the listing. By posting a product in the Marketplace, the supplier must agree to complete the transaction as contemplated by this Marketplace Supplier Agreement. The supplier hereby represents and warrants that they will not list, offer or sell products that: (a) are stolen or counterfeit; (b) violate the intellectual property rights of others such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) the supplier does not have full right and authority to sell; (d) contains any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) violate any law, statute, ordinance or regulation (such as those governing export control or consumer protection); (f) contain any material that is obscene, pornographic or that contain child pornography; (g)If suppliers want to publish Personal Protective Equipment, they need to ensure that the relevant products meet the quality or certification requirements of the country to sell, and must truthfully describe the product information. Any false propaganda information that deceives or misleads retailers is prohibited, including but not limited to propaganda for the prevention, treatment, or cure of the new pneumonia virus, misuse of "N95", "Corona Virus", " COVID-19" and other keywords. Prohibit from listing information on products that fail in labeling, filtration efficiency, microbiological testing, etc. Prohibit from listing information on products that exceed the shelf-life. Prohibit from listing information on the used protection products. or (h) creates liability for Doba. Doba reserves the right to debit product costs and/or any associated fees for returns due to non-compliance with the above-mentioned product expectations from the supplier's payment.The supplier also agrees to adhere to the guidelines set forth in the Prohibited Item list found here: https://www.doba.com/site/prohibited-items?lang=en_US
14. Product Price
All products offered through the Doba Marketplace must be listed at an equal or lower price than the original supplier's wholesale price (irrespective of any shipping cost) for the same product on the supplier's website and/or physical store. Without limiting any of its rights or remedies available at law or equity, Doba reserves the right to suspend or terminate the marketplace supplier account if any supplier-set “product price” exceeds the MSRP. If the supplier wants to increase the price, orders within 24 hours after the price adjustment will still be shipped at the original price. A two-week advanced notification must be submitted to the Doba Marketplace team for all pricing increases greater than or equal to 5%.
15. Order Fulfillment
The supplier agrees to update inventory as frequently as necessary to maintain a fair fulfillment rate (no less than 95%). Otherwise, Doba may, at its own discretion, suspend or terminate the supplier account with a disqualified fulfillment rate. For every paid order, the supplier will receive a fulfillment notification.Doba will notify the supplier of order placement via account binding email and/or through Seller Center and/or through the supplier's integrated interface. The supplier should provide an immediate order cancellation notice to Doba if the supplier is unable to ship the product upon receiving the order. The supplier is required to ship the item using the stated shipping method as agreed on the Product Details page. The supplier agrees to ship the items within the processing times as stated in the shipping policies and listed in the product description. The processing “start time” is as of the date/time stamp of the order notification from Doba. The supplier shall provide notice of shipment to Doba through the Doba supplier account, or supplier’s integrated interface. The supplier hereby represents and warrants that the shipment confirmation and/or tracking will only be provided following the “actual” shipment of the product. The supplier agrees to pay the shipping charges in full for any product that ships in connection with an order made by a retailer. And If Doba does not receive such shipment notification within the stated processing time, Doba may cancel such order and issue a full refund as per the retailer’s request. Meanwhile, Doba and retailers on Doba shall bear no liability with respect to such cancellation and refund under this circumstance.
16. Shipment
The supplier agrees that legal ownership and all risk of loss of items remains with the supplier until the order physically leaves the shipping location, however, the supplier will be responsible for submitting all damage and/or loss claims to the shipping carrier if a problem arises with the delivery between the shipping location and when the item is physically received. The supplier agrees that they will ship only the product purchased by the retailer, and will not include additional marketing materials or information not purchased by the retailer. All packing slips and labels must be ‘blind’ and may not include the supplier or Doba’s name (unless the shipper is the manufacturer). The label should include a generic name such as “Product Warehouse” or “Fulfillment Center” and include the supplier’s warehouse address. It should not include any contact information or pricing. Delivery and shipment disputes are governed by the supplier shipping and return policy.
For any product listings that require special shipping and handling information such as LTL/freight shipments, the supplier is responsible for identifying these products as such.
18. Taxes
The supplier is solely responsible for determining the number of sales, use, or other taxes that the supplier may owe as a result of the sale, and are solely responsible to collect, report, and remit any such sales, use, or other taxes required under applicable law. The supplier must hereby represent and warrant that the supplier will (a) identify all states in which the supplier has an obligation to collect and remit sales and/or use tax during registration, (b) keep such information updated at all times, and (c) will remit all such taxes collected and provided to the supplier by Doba. The supplier must acknowledge and agree that Doba has no responsibility to collect, report, or remit sales, use, or any other applicable taxes in connection with the sale. Suppliers must agree to fully indemnify, defend and hold Doba (and its affiliated entities) harmless from any and all claims, demands, damages, awards, fines, costs, expenses, and liability in any way associated with the foregoing obligations or otherwise with respect to any claim, demand or allegation of sales or use tax in any way associated with any sale made by the supplier through the Marketplace, the supplier’s nexus contacts within any state, and/or any claim alleging that Doba or any of its affiliated entities.
19. Marketplace Customer Service
Doba provides Order Fulfillment Services for all orders placed on the Doba Marketplace. Retailers can also contact [email protected] directly regarding issues with their orders. A Doba Order Fulfillment Associate will then act as the liaison between the supplier and retailer to resolve inquiries or issues with orders, returns, product questions, etc. Although Doba provides Order Fulfillment Services to retailer customers, it is only acting as a representative to the supplier(s) product, shipping, and returns policies, and the supplier agrees that Doba is not responsible for guaranteeing those said policies.
20. Privacy and Limitations
The supplier acknowledges, consents, and agrees that Doba may post feedback about the supplier through the marketplace, including without limitation, supplier scorecard details, ratings, retailer feedback, and reviews. Supplier agrees that Doba shall have no responsibility, obligation, or liability with respect to the disclosure of such information to, or any collection, use, or disclosure of such information by, any retailer. Suppliers may receive access to certain information concerning other Marketplace retailers when accessing the marketplace. Suppliers must represent, warrant, and agree (a) not to use any information regarding other marketplace users which is accessible from the marketplace or that may be disclosed by Doba, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct Doba deems unacceptable or objectionable.
21. Supplier Removal Process
Doba reserves the right to adjust rating criteria at any time. Doba will rate the suppliers' stores every three months. If the rate of the store is unqualified, Doba will contact the supplier to improve the core rate, such as fulfillment rate, after-sales processing time, etc. If the core rate of the store is still unqualified after 3 months, Doba has the right to remove the store.
The supplier agrees to indemnify, defend and hold harmless Doba and its parents, sister companies, subsidiaries, affiliates, service providers, suppliers, distributors, licensors, officers, directors, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any claim, demand or action, which if true, would constitute a breach or violation of any provision of this Marketplace Supplier Agreement or Doba's Terms of Use, or of any law, regulation or third-party right. Doba may immediately set off any and all of its costs and/or expenses that are incurred in connection with the foregoing against any amounts owing to Supplier (including, without limitation, any Supplier Payments).
In the event of a dispute or claim regarding any order or purchase made through the marketplace, or between the supplier and a retailer or other third party related to any order or purchase made through the marketplace, the supplier hereby releases Doba and its parents, sister companies, subsidiaries, affiliates, service providers, suppliers, distributors, licensors, officers, directors, and employees from all claims, damages or demands of any kind, whether known or unknown, arising out of or in any way connected with such dispute or claim.
The supplier acknowledges that the supplier may discover facts different from or in addition to those, which the supplier knows or believes to be true, and that this release shall be and remain effective in all respects even if the supplier discovers new or additional facts after this agreement is executed. The supplier expressly waives all rights and benefits conferred upon the supplier by the provisions of section 1542 of the California civil code, which states: "A general release does not extend to claims which [you, signing party and/or user] do not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor [releases]".
24. Warrantly Disclaimer
The supplier agrees that the use of the Doba marketplace is at the supplier’s own risk. The Doba marketplace and any related products, services, content, software, artwork, data, and information are provided "as is." Doba expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the Doba marketplace, including, but not limited to, the implied warranties and/or conditions of merchantability or quality of data and fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to the description.
25. Limitation of Liability
The entire risk arising out of the use of the Doba marketplace, the use of any services offered in connection with the marketplace, and/or the use of any content remains with the supplier. In no event shall Doba or its licensors or any of their officers, directors, employees, agents, or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this marketplace supplier agreement, use of the Doba marketplace or its services, any information obtained through the marketplace, any delay or inability to use the Doba marketplace or related services, the provision of or failure to provide services to the supplier in connection with the marketplace, or otherwise arising out of the use of the Doba marketplace or the Doba site whether based on contract, tort, negligence, strict liability or otherwise even if Doba has been advised of the possibility of such damages. Notwithstanding anything else in this marketplace supplier agreement, the maximum liability that Doba shall have is limited to the actual value of any commissions actually received by Doba in connection with any sales made by the supplier through the marketplace. The supplier acknowledges and agrees that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this marketplace supplier agreement) that is an essential basis of the bargain between the parties.
26. General
No delay or failure by Doba to take action under this Marketplace Supplier Agreement shall constitute any waiver by Doba of any provision of this Marketplace Supplier Agreement. If any provision of this Marketplace Supplier Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Marketplace Supplier Agreement will continue in full force and effect. This Marketplace Supplier Agreement will bind and inure to the benefit of Doba's permitted successors and assigns. Any claim under this Marketplace Supplier Agreement must be brought within one (1) year after the cause of action arises.
If you are a supplier(s) based in US: These Terms and any dispute or claim arising out of or related to these Terms, its subject matter or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in Lehi, Utah, and you further agree that such courts shall have personal jurisdiction and venue with respect to you, and you hereby submit to the jurisdiction and venue of such courts and waive any objection. YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO THE SUBJECT MATTER HEREOF. ADDITIONALLY, BOTH YOU AND DOBA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
If you are a supplier(s) based in China: Any disputes arising from the performance of this Agreement shall be resolved by the parties through friendly negotiation. If such negotiation fails, the disputes should be submitted to China International Economic and Trade Arbitration Commission, Jiangsu Arbitration Center for arbitration and shall be governed by the laws of the People's Republic of China. BOTH YOU AND DOBA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
This Marketplace Supplier Agreement is personal to the signing party and/or supplier and may not be transferred, assigned, or delegated to anyone. Any attempt by the signing party to assign, transfer or delegate this Marketplace Supplier Agreement shall be null and void. Doba may freely assign this Marketplace Supplier Agreement without consent or notice. This Marketplace Supplier Agreement constitutes the complete and exclusive agreement between Doba and the supplier/signing party with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein.
IN WITNESS WHEREOF: the parties hereto have executed this Agreement as of the date the Supplier first logs into their Doba Supplier (Supplier) Account, to be considered as the Effective Date of this Agreement.
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IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective Date.