Terms and Conditions

Last Update: July 22, 2021

1. INTRODUCTION

The Terms and Conditions, also referred to as “Agreement” or “User Agreement” and all policies including additional terms posted on this site, applications, services, and emails, set out the terms on which Envora offers you access to and use of our Services. You agree to comply with all terms and conditions when accessing or using our Services.

The entity you are contracting with is:
Envora Inc. 6767 N. Wickham Rd. Suite 400LL Melbourne, FL 32940

In this User Agreement, these entities are individually and collectively referred to as "Envora," "we," or "us."

The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Envora. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE. This Agreement applies to you and your use of the Service regardless of whether you are a Seller, also referred to as Vendor, Buyer, also referred to as Customer, or other user of the Service.

 

2. MODIFICATIONS TO TERMS AND CONDITIONS

Envora reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time, without prior notice. It is your responsibility as a buyer or seller to periodically check this agreement for changes. Your continued use of the Service following the posting of any changes to this Agreement, constitutes acceptance of those changes. If any of the changes to this Agreement are not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.

 

3. MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE

Envora at any time may modify, suspend or discontinue, temporarily or permanently, the Service or any portion thereof, in its sole discretion, without prior notice. Envora will not be responsible to you for a refund, in whole or part. We will however make an effort to refund you when needed. You agree that Envora shall not be liable to you, or to any third party for any modification, suspension or discontinuance of the Service.

 

4. ABOUT ENVORA

Envora is an online marketplace that allows users to offer, sell, and buy products in a variety of pricing formats and locations. Envora may also offer products directly as a seller. The actual contract for sale is directly between the seller and buyer. When Envora is not the seller, Envora is not a party to the transaction.

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and your choice to follow the information is solely at your discretion. Envora may help facilitate the resolution of disputes between the buyer and the seller through various programs, Envora has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

 

5. USING ENVORA

You shall use the Service provided by Envora only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic).

Whether you use the Service as a Seller or Buyer, or both,  you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Envora has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Envora has the right to suspend or terminate your account and refuse any and all of your current or future use of the Service (or any portion thereof). Envora is concerned about the safety and privacy of all its users. You must be at least 18 years of age, (21 where applicable) or the legal age of majority where you reside if that jurisdiction has an older age of majority to register for an account.

If it is determined or suspected by Envora, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Service, or are using or attempting to use the Service for any inappropriate, infringing, illegal or fraudulent purpose, Envora reserves the right, in its sole discretion, to immediately terminate your access to the Service without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to expenses, lost revenue, repairs, legal fees, and to seek injunctions or other equitable remedies.

In addition, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Envora, you will be liable to pay a final value fee applicable to that item, even if the item does not sell.

We may cancel unconfirmed or unverified accounts or accounts that have been inactive for a period of time we deem to be unused. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

In connection with using or accessing our Services you agree to comply with this Agreement, policies, terms, and all applicable laws, rules, and regulations, and you will not:

  • Post products meant to advertise a third party website, to leu a buyer to complete a transaction outside of Envora;
  • post, list or upload content or items in categories that do not pertain to the item, or areas on our sites;
  • distribute viruses or any other technologies that may harm Envora, or the interests or property of users, including cookie injectors, and malware;
  • use any robot, spider, cookie injector, iframe, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load picture, or file, on our servers;
  • export or re-export any Envora application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • infringe the trademark, patents, copyrights, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Envora.
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you; (including the use of pictures and description from other sellers)
  • commercialize any Envora application or any information or software associated with such application, except with the prior express written permission of Envora;
  • circumvent any technical measures used to provide our Services.
  • circumvent or breach any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts, or are suspended from using our Services either temporarily or indefinitely, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for items you have purchased from sellers on Envora, unless you have a valid reason as set out in an Envora policy;
  • fail to deliver items you have sold on Envora, unless you have a valid reason as set out in the Envora policy;
  • manipulate or attempt to manipulate the price of any item or interfere with any other user's listings, this includes price gouging when not allowed in your governing state, county, city, or district;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • manipulate feedback or ratings systems, such as opening accounts to leave fake reviews for your products;
  • sell or transfer your account, username, reviews, or listings to another party without written consent from Envora;
  • post or distribute spam, bulk or unsolicited electronic communications, chain letters, or pyramid schemes (including multi-level markets);

6. TAXES AND FEES

If you are using the Service as a Seller, you are responsible for (and will indemnify Envora against) all taxes associated with your sale of goods through the Service.

Envora reserves the right to withhold the payment or refund of any amounts owed to you hereunder, if Envora suspects or determines that such amounts have been generated in

a fraudulent manner, in violation of this Agreement, or in violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent as determined by Envora.

Envora reserves the right to change our seller fees (including monthly vendor fees if applicable) from time to time without prior notice by posting the changes on Envora. We will however make ever effort to notify sellers and buyers in a timely manner.

Sellers are liable for transaction fees arising out of all sales made using some or all of our Services, even if payment is made outside of Envora. If you offer or reference your contact information or ask a buyer for their contact information, in the context of buying or selling outside of Envora, you will be liable to pay a transaction fee applicable to that item, even if the item does not sell on Envora, given your usage of our Services for the introduction or relationship to a buyer that was accessed through our services. Your seller account will also be terminated.

You must have a payment method on file when selling through our Services and you are not utilizing our payment services, and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods we may have on file, or by withholding funds from your future payout when you are utilizing the Envora payment service. We also reserve the right to retain collection agencies and legal counsel, suspend or limit Services, and for accounts over 60 days past due, deduct the amount owed from your payout balance, if you are using the Envora payment services. In addition, you may be subject to late fees. Envora, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Envora reported to a credit bureau, please contact us at Envora Inc., C/O Credit & Collections, 6767 N. Wickham Rd. Suite 400LL Melbourne, FL 32940. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Envora account, you must contact that collection agency directly.

In any jurisdiction where Envora has an obligation to collect sales taxes on sales you make using our Services, we may collect such sales taxes from you via the payment method on file under the terms, from your payout balance if using Envora payment services, or by any payment method we have on file for you.

The Envora seller fees are not a purchase of exclusive rights to item exposure on our Services. We reserve the right to display third-party advertisements (including links and references thereto) or other content in any part of our Services, in sole discretion by Envora and without payment from, consent from, fee reduction, or other credit to, sellers.

 

7. LISTING OBLIGATIONS AND GUIDELINES

You must have legal right to sell any item that you list on Envora. You must provide an accurate and complete description of your item. All listed items must be listed in the appropriate category. If you are selling more than one of a particular item, all items in that listing must be identical. Each unique item must have its own listing. Listings may not contain outbound links that direct users off of Envora. The product listings main image must accurately represent the actual product that is for sale and must not infringe upon any third party's intellectual property rights, and must not contain any water marks over the image.
All sales are legally binding. The seller of the item on Envora, is obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as a failed payment from the buyer, or the buyer did not provided an adequate shipping address. The price stated on the product listing must be accurate and must be honored to the buyer. You as a seller may not change the price after the item has been purchased.

As a seller you are fully responsible for the items you offer, and the accuracy of the content that you provide in the listing as well as the accuracy of the media you provide for the item. Envora reserves the right the modify, delete, obfuscate, revise, supplement, remove, or correct any listing that does not comply with Envora’s policies. Envora does not guarantee, and is not obligated to provided a certain placement, or order of listings in search results. We reserve the right to have a listings not appear in search results. Some advanced listing upgrades and listing promotions may only be visible to certain buyers in certain areas.

We do not allow duplicate listings for an identical item offered for sale at the same time from the same seller. This includes a seller using two different accounts to list the same item at the same time but from a different account and username. Envora reserve the right and is the sole authority on the determination of a duplicate listing.

Any listing including media or html must pull the media from an https tag (ie. httpS://www.website.com/picture.jpg). Any listing pulling media from a non secure server (ie. http://www.website.com/picture.jpg) will be terminated until the seller makes the changes.

We may provide you the seller with recommendations to consider when create your listing.

As a seller you agree that you will promptly remove any and all listings for products that have been recalled by the manufactuer or a government agency, or if the product has become prohibited by law or regulation, or a government agency has advertised that the product could post a health or safety hazard. You must not list and remove any product that contains any ingredient that is listed in the FDA’s prohibited dietary supplement ingredient list. You the seller are solely responsible for any defect or non-conformity, or compliance with any private or public recall.

 

8. PURCHASE OBLIGATIONS AS A BUYER

When you as a buyer purchase an item on Envora, you agree to our rules and policies.

You are solely responsible for accurately reading the product listings full description, return policy, shipping policy, cost, and any other products details before committing to purchasing the item. When you make a purchase, you are entering into a legally binding contract between you and the seller of the item. You agree that Envora, any 3rd party working in conjunction with Envora, and the payment processor that handles the payment for the item purchased, is not responsible for the safety or condition of the product purchased. You agree that Envora is not transferring the legal ownership of the item from the seller to you the buyer. You as a buyer must abide by the by the seller's own individual policies when dealing with issues unless Envora’s policy’s are more restrictive. If Envora has a more restrictive policy then the more restrictive policy would apply, unless in Envora’s sole discretion determine that the sellers policy would more accurately fit the situation. Buyers may only request a refund for valid and honest reasons, and must be within the terms of the seller and Envora’s policy’s.

It is illegal to claim that you did not receive an item that was actually delivered to you. When you the buyer, receive an item and claim it was not delivered, it is considered theft. In the event that there is a dispute between the buyer and the seller, and the buyer is claiming the item was not delivered and the tracking clearly states that it was delivered, the geo tracking from the delivery personnel’s scanner will be obtained when available, to determine where a package was actually delivered. The geo tracking, which provides the coordinates of the delivery personnel’s scanner when the package was last scanned as delivered, will be used in the final determination of whether the package was delivered to the correct address. If the geo tracking information is not available or the delivery company fails to furnish the geo tracking report to the seller or Envora in a timely manner, the delivery status of the tracking will be used in the final determination of whether the package was delivered to the correct address. Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

 

9. INTERNATIONAL BUYING AND SELLING

Currently Envora.com service is only intended for use in the United States and territories. Any transaction made to an international address will be at the sole risk of the seller and the buyer. Envora will not aid in the dispute resolution and will not be held reliable for any actions between the buyer and the seller of an international transaction.

 

10. CONTENT

You agree that all material, including without limitation, information, coding (ie. PHP Scripts), data, software, text, design elements, graphics, images and other content contained in or delivered via the Service, email, mobile app, or otherwise made available by Envora, is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. Envora may own the website content, or through arrangements with third parties, content made be made available for use by Envora.  You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web site or in a networked computer environment, billboard, print document, or any other means for any purpose without the written consent from Envora.

 

11. DIGITAL COPYRIGHT ACT (DMCA) POLICY

Envora will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe in good faith that your intellectual property rights have been infringed, please notify our team and we will investigate the matter. The notification may be made by you, or an agent acting on your behalf. Notices and counter-notices must meet the then-current statutory requirements that are imposed by the Digital Copyright Act. (see “http://www.loc.gov/copyright” for more details). Notices and counter notices with respect to the Service should be sent to Envora by either email or traditional mail.

Email: policy@envora.com

Mail: Envora ATTN:
6767 N. Wickham Rd. Suite 400LL Melbourne, FL 32940

 

12. SELLERS URL & SUB-DOMAINS

As a Seller on Envora, you may be provide with the right to use a sub-domain within the Website or a store URL such as www.Envora.com/”StoreName”. All such sub-domains and store URL’s are the sole property of Envora. Your right to use a sub-domain or store URL may be terminated by Envora at any time (with or without notice) for any reason. Any sub-domain or store URL provided by Envora must be used in good faith and only in conjunction with Envora.

 

13. HOLDS AND RESTRICTED FUNDS

When a seller is utilizing Envora’s payment service to take payment for a product sold, Envora may at its discretion chose to temporarily hold or restrict access to all or part of a sellers account funds, if Envora feels that the terms and conditions, rules, or agreements of Envora have been violated, and temporarily holding or restricting access to the funds would be in the best interest, to allow time for an investigation by Envora, legal authorities, the payment processing bank, payment processing merchant provider, or payment processing gateway used by Envora.

 

14. CONTACT AUTHORAZATION

You agree that Envora may contact you through email, phone, text messages, or mail at any telephone number, email, or address that you have provided us, to:

  • Notify you of any issues with your account, or with questions to help our team trouble shoot your account;
  • Resolve a dispute;
  • Collect a debt;
  • When necessary to service your account or to enforce or make aware of issues in this User Agreement, policies, applicable law, or any other arrangement or agreements we have with you as the buyer or the seller.

Standard telephone minute, text charges, and data may apply and may include overage fees if you have exceeded your telephone or data plan limits. Please do not provide any contact information to Envora that you do not wish to use for contact, or that by us contacting you may cause your phone or data plan to go over its limits.

Our collection, use, disclosure, retention, and protection of your personal information is governed by our Privacy Policy.

Envora may, without further notice or warning and at its discretion, monitor or record telephone conversations you or anyone acting on your behalf have with Envora or its agents for quality control and training purposes, or for its own protection.

 

15. INDEMNITY

You agree to defend, indemnify and hold Envora, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: your Content; your use of, contribution to or connection with the Service (including the Referral Software); your violation of this Agreement; or your violation of any rights of another. Envora shall provide notice to you of any such Claim. Envora reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Envora in definding of such matter.

 

16. RETURNS CANCELLATIONS AND REFUNDS

Buyers are provided with an automated return request form in which a return request can be made for items that are eligible for a return. Sellers may remove or customize their return preferences in their account settings. As a seller or a buyer you agree to comply with our returns policy.

When an item is returned, and the seller used Envora’s payment service, you (as seller) authorize Envora to issue the buyer a refund in the currency used to pay for the order. If you (the seller) processed payment for the item with your own payment provider (such as PayPal) you agree to issue a refund to the buyer within 3 days of receiving the return.

 

17. DISCLAIMER OF WARRANTIES

Envora is provided on an “as available” and “as is” basis. Envora expressly disclaims all warranties of and and all kind, implied or expressesed, including, but not limited to, title, implied warranties of merchantability, non-infringement and fitness for a particular purpose.

In addition, to the extent permitted by applicable law, in no event will Envora or our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees be liable to you or any third party under any claim at law or in equity for any consequential damages, or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Envora was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our Services;
  • advertising, pricing, shipping, format, designs, or other guidance provided by Envora;
  • delays or disruptions in our Services;
  • cookie injectors, viruses, or other malicious software obtained by accessing or linking to our Services;
  • the content provided by you, buyer, or affiliate (directly or indirectly) using our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any our Service;
  • the content (including customer reviews), actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Envora terms and conditions;
  • the duration or manner in which your listings appear in search results
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Terms and Conditions or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you if you reside or operate in such jurisdictions.

 

18. RELEASE

If you as a buyer have a dispute with a seller, or you as a seller have a dispute with a buyer, or anyone using our service has a dispute with our parent companies, subsidiaries, affiliates, and or their officers, directors, agents and employees, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

19. LEGAL DISPUTES

Envora will work hard to make sure everyone is satisfied with the service they receive. At anytime you may contact Envora with concerns you may have with anything associated with our service. By acceptance of this agreement, You and Envora each agree that any and all disputes or claims that have arisen, or may arise, between you and Envora (or any related third parties) that relate in any way to or arise out of this or previous versions of the Terms and Condition or any and all Agreements, your use of or access to our Services, the actions of Envora or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively out of court and out of arbitration. You agree you forfeit any right to settle disputes in court (including small claims court), or arbitration. All disputes must be resolved between the two disputing parties.

If you are a resident of California, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

20. GENERAL

General Overview: Terms

  • You acknowledge that you must be 18 years or older to use this site, service, or establish an account.
  • You agree not to use Envora for any illegal or unauthorized purpose.
  • You agree to comply with all local and national laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
  • You agree not to modify, adapt or hack Envora.com or any parent company or website or modify another website so as to falsely imply that it is associated with Envora.
  • You agree not to solicit, slander, harass or impersonate Envora members.
  • You agree not to transmit any worms, cookie injectors, or viruses or any code of a destructive nature.
  • You agree not to insert and code or graphics that link any external website or business not associated with Envora
  • You acknowledge that you bear sole responsibility for keeping your password secure
  • You acknowledge that you bear sole responsibility for keeping your customers information secure.

You agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.

General Overview: Conditions 

  • Envora reserves the right to modify or terminate any service for any reason at any time, with or without prior notice.
  • Envora reserves the right to alter this Terms and Conditions Agreement at any time. If alterations constitute a material change to the Terms and Conditions, to be determined at the sole discretion of Envora, we will attempt to notify you via e-mail according to the preference expressed on your account, but are not held responsible for, and not obligated to make such notifications. Each user of our service should check the Terms and Conditions periodically.
  • Envora reserves the right to refuse service to anyone for any reason at any time.
  • Envora may edit or remove content of any kind that Envora determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, Envora Terms and Conditions, Envora Privacy Policy, or any other policy documents and community guidelines as posted on Envora. Envora however has no obligation to do so.
  • Envora will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, emojis, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
  • You can remove your profile at any time by deleting your account. We do not guarantee that all images associated with your account will be deleted. By uploading images and item description content to Envora, you agree to allow other Envora users to view them and you agree to allow Envora to display the images and content on Envora, or in emails from Envora, and store the images, item description, profile and other content.
  • All Envora graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Envoras trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, without written consent directly from Envora.

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