Equiphunter, Inc. B2B Marketplace
Effective Date: February 18, 2025
By using the Equiphunter.com B2B marketplace (“Marketplace”), you agree to the following Terms of Service. Please read them carefully.
1 Definitions
- Agreement:This shall refer to the entirety of the Terms of Service.
- Buyer:The entity or individual purchasing Equipment through the Marketplace.
- Completed Listing:The completion of an Equipment listing by a registered User that includes all required information, as described below.
- Equiphunter:The company, Equiphunter.com, a Delaware registered C Corporation and owner of the Marketplace.
- Equipment:Any item listed for sale on the Marketplace.
- Financing Partner:A vendor approved for the Platform and accredited to provide financing based on the transaction’s activities and jurisdiction.
- Marketplace:The online Platform provided by EquipHunter.com designed for buying and selling used construction Equipment.
- Seller:The entity or individual offering Equipment for sale on the Marketplace.
- Shipping Partner:A vendor approved for the Platform by Equiphunter along with any entities contracted by Shipping Partner.
- Total Purchase Amount:The amount of an Equipment purchase inclusive of Equipment price, taxes, and shipping fees.
- User or Users:Any persons or corporations that access and register for the Platform with the intent of buying or selling Equipment.
2 User Accounts and Responsibilities
2.1 Account Creation
Users must provide accurate and complete information when creating an account.
2.2 KYB and KYC
To fully access the Marketplace, Users must pass a KYB and KYC review and connect one or more financial payment methods such as Credit Card or Bank Account (ACH).
2.3 Account Maintenance
Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.Equiphunter may retain account, transaction, and communication records for audit, compliance, and regulatory purposes for a period of at least five (5) years from the date of the relevant activity.
2.4 Prohibited Activities
Users are prohibited from:
- Violating any applicable laws or regulations.
- Infringing on intellectual property rights.
- Engaging in fraudulent or deceptive practices.
- Attempting to circumvent the Marketplace’s systems or security measures.
- Reselling or offering for sale in any way the Equipment listed on the Marketplace unless previously agreed to in writing by Equiphunter.
2.5 Account Access to Marketplace
2.5.1 Unregistered Users
Unregistered Users can search for Equipment but cannot list, buy, or view detailed information on the Marketplace.
2.5.2 Registered Users
Registered Users can access all Marketplace content and list, sell, or buy Equipment.
2.6 Marketplace Platform Disclaimer
Equiphunter is a neutral marketplace platform that facilitates the connection between Buyers and Sellers of equipment. Equiphunter does not own, inspect, store, manufacture, or take possession of any items listed on the Platform.
Equiphunter does not guarantee the legality, safety, functionality, or quality of any Equipment listed by Sellers. The contract for sale is formed directly between the Buyer and the Seller. Equiphunter is not a party to that contract and is not responsible for enforcing, mediating, or interpreting the terms of any such agreement.
Users acknowledge that any claims, legal disputes, or issues arising from a transaction—whether related to payment, Equipment condition, or delivery—must be resolved directly between the transacting parties.
3 Listing Equipment
3.1 Consignment
Sellers will provide Equipment to the Platform on a consignment basis for a term of 30 days from the date of a Completed Listing. During this period, Equiphunter will be the exclusive Seller of such Equipment. Any unsold Equipment at the end of the consignment period will be returned to the Seller at their expense, unless both parties agree in writing to extend the consignment period for one or more consecutive 30 (thirty) day period.
3.2 Listing Requirements
When listing Equipment, Sellers must provide accurate and complete details, including:
- Equipment category, brand, model, and year
- Equipment ID/Serial number
- Hours of Use
- Included Attachments
- Size and Weight
- Maintenance and Service Records
- A documented B-Service (250 hour) completed within 30 days of listing the Equipment on the Platform
- Pictures and Videos of the Equipment
- Additional inspections as required by the Platform
3.3 Equipment Pricing
The Seller is responsible for pricing the Equipment based on current market and Equipment conditions. If needed, Sellers are encouraged to set the price based on the recommendations provided by the Platform.
3.4 Accuracy of Information
Sellers warrant that all the information provided is true and accurate. Misrepresentation may result in removal from the Platform.
3.5 Listing Updates and Changes
While a listing is active on the Platform, the Seller can update the price, upload additional documentation, and edit the description. However, once a listing is active, it must remain active until the end of the Consignment Period as described in Section 3.1.
4 Anti-Circumvention Policy
To maintain the integrity of the Equiphunter marketplace and ensure fair transactions for all Users, buyers and Sellers are strictly prohibited from circumventing the Platform by directly contacting each other to complete a transaction outside of Equiphunter. Any attempt to bypass the Platform’s payment system, avoid commissions, or solicit direct deals outside of Equiphunter will be considered a violation of these Terms of Service.
4.1 Prohibited Actions
Prohibited circumvention actions include but are not limited to:
- Exchanging contact information (phone numbers, emails, social media, or other communication channels) with the intent of finalizing a transaction off-Platform.
- Negotiating, finalizing, or completing sales outside of Equiphunter to avoid applicable fees.
- Encouraging or responding to off-Platform transactions in any manner.
- Buyers persistently contacting or pressuring Sellers to conduct transactions outside of Equiphunter.
- Using a third party not approved by the Platform to finance equipment purchases.
- Using a third party not approved by the Platform to ship Equipment.
- Promoting or selling equipment listed on the Platform through other channels without obtaining explicit written consent from Equiphunter is prohibited.
4.2 Enforcement and Penalties
Users who violate the Anti-Circumvention Policy may face legal penalties for breach of contract. Equiphunter reserves the right to impose financial penalties equal to the lost commission and pursue legal action if necessary. Violators may face account suspension or permanent banning from the Platform. Buyers or Sellers found engaging in circumvention may be permanently blacklisted and prohibited from using Equiphunter.
4.3 Participation Agreement
By using the Platform, Users agree to conduct all transactions through the Platform and acknowledge that violations of this policy may result in immediate penalties and account termination.
5 Buyer Tax-Exempt Status
5.1 Tax-Exempt Certificate
Users qualifying for tax-exempt status must provide and maintain an up-to-date Tax-Exempt Certificate with the Marketplace.
5.2 User Responsibility
It is the Users’ sole responsibility to ensure their Tax-Exempt Certificate is current and valid. Use of an expired or invalid certificate may result in the imposition of applicable taxes and penalties.
6 Purchase Process
6.1 Shipping Estimate
When a Buyer initially selects a piece of Equipment for Purchase, the Platform will provide an estimated shipping fee. This is a non-binding estimate. When a final shipping fee is provided by the Shipping Partner, the Buyer will have up to 48 hours to accept or decline. The Platform and Shipping Partner will use best efforts to provide a final shipping proposal within 48 hours.
6.2 Buyer Payment Options
Buyers on the Platform have three choices for paying for Equipment, Shipping, and Taxes:
- Credit Card
- ACH (from connected bank accounts)
- Financing by Marketplace approved vendors
6.2.1 Credit Cards
Buyers using credit cards will be charged an additional 3%.
6.2.2 ACH
There are no additional charges for using ACH.
6.2.3 Financing
Users seeking pre-approval for a specific amount or financing for Equipment must follow the Marketplace’s vendor process. Approved Financing Proposals will result in an agreement between the Buyer and Financing Partner.
6.2.4 Financing Terms
Users financing Equipment will deal directly with an approved vendor. Except as stated in this Agreement, the relationship is solely between the Buyer and Financing Partner. Equiphunter is not responsible for User non-compliance with financing terms agreed upon with the Financing Partner.
6.2.4.1 Separate Payment for Taxes and Shipping
When a Buyer finances Equipment, they can elect to pay taxes and shipping separately using Marketplace-approved methods, as defined in Section 5.
6.2.5 Binding Agreement Formation.
A legally binding agreement between Buyer and Seller is formed once the Buyer has accepted a final shipping or financing proposal and submitted payment via the Platform. Equiphunter is not a party to this agreement and assumes no responsibility for enforcement beyond the Buyer Protection Program described in Section 16.
6.3 Shipping, Taxes, and Seller Payment
6.3.1 Shipping
Except for international purchases defined in Section 8 and Equipment Financing as defined in Section 6, the Platform shall be responsible for paying Shipper Partners based on the funds collected from the Buyer.
6.3.2 Taxes
Except for international purchases defined in Section 8 and Equipment Financing as defined in Section 6, the Platform will be responsible for paying sales tax and filing appropriate documentation based on state and local jurisdiction requirements.
6.3.3 Seller Payment
Except for Equipment Financing as defined in Section 6, the Platform will be responsible for paying Sellers based on the listed equipment price minus Platform Commission and Transaction Fees as described in Section 6.3.
6.4 Platform Commission and Transaction Fees
Unless otherwise agreed in writing between the Seller and Equiphunter, Sellers will be paid the listed price on the Platform minus an eight (8) percent commission fee and a $499 transaction fee.
6.5 Buyer Cancellation
The Buyer has the option to cancel a proposed purchase at no cost based on:
- Non-acceptance of shipping proposal
- Non-acceptance of financing proposal
6.6 Cancellation Behavior
Users who consistently cancel transactions before completion may be subject to suspension or removal from the Platform.
6.7 Fraud Prevention and Compliance
We take fraud prevention, financial security, and regulatory compliance seriously. To facilitate secure transactions and verify the identity of our users, we utilize Stripe as our payment processor and compliance partner. Stripe implements Know Your Customer (KYC) and Know Your Business (KYB) protocols in accordance with applicable laws and financial regulations.
By using our services, you acknowledge and agree that:
- Identity Verification: Stripe may require you to provide information and documentation to verify your identity and/or business before processing transactions.
- Fraud Detection: We employ advanced monitoring tools and algorithms to detect, prevent, and mitigate fraudulent activity. Suspicious transactions may be flagged, delayed, or denied at our discretion or at Stripe’s discretion.
- Regulatory Compliance: We comply with all applicable anti-money laundering (AML) and financial crime prevention laws. Stripe’s compliance processes ensure that transactions are conducted in a secure and legally compliant manner.
- Account Security: You are responsible for maintaining the security of your account credentials and notifying us immediately of any unauthorized activity.
We reserve the right to suspend or terminate accounts that engage in fraudulent or suspicious activities, as determined by our risk assessment procedures and Stripe’s compliance policies.
6.8 Fee Adjustment Policy
- Transparency of Fees: All fees, including listing, transaction, and service fees, are clearly outlined in Equiphunter’s Terms of Service and Pricing Schedule. Fees are charged in accordance with the published rates at the time of the transaction.
- Circumstances for Fee Adjustments: Fees may be adjusted under the following circumstances:
- Market Conditions: Changes due to inflation, cost of operations, or competitive pricing.
- Regulatory Compliance: Modifications to comply with changes in local laws or tax regulations.
- Service Enhancements: Introduction of new features, tools, or services that impact operational costs.
- Promotional or Volume-based Discounts: are at Equiphunter’s sole discretion.
- Notification of Changes: Equiphunter is committed to providing users with at least 30 days’ notice before any fee adjustments take effect. Notifications will be sent via email and prominently displayed on the marketplace.
- User Acknowledgment: Continued use of the platform after the effective date of the fee adjustment constitutes acceptance of the new fee structure. Users who disagree with the changes may close their accounts without penalty before the adjustment takes effect.
- Review and Feedback: Equiphunter values user feedback and encourages users to share their thoughts on fee adjustments. Feedback can be submitted through the marketplace’s support channels.
7 Funds Distribution
Except for International Purchases, defined in Section 8 and Equipment that is fully financed, inclusive of shipping and taxes, the distribution of funds will be as follows:
- Upon acceptance of Equipment and Shipping prices, inclusive of applicable taxes (Total Purchase Amount), the Platform shall capture all required funds based in a temporary account.
- The funds in the temporary account will be used to pay for shipping.
- Upon acceptance of the Equipment as described in Section 10, the Platform shall use the temporary account to pay taxes and the Sellers minus the Platform Commission and Transaction Fees.
7.1 Financing
Financing Partners are responsible for the distribution of funds allocated for financed equipment.
8 International Purchases
Buyers in countries outside of the US are responsible for any and all taxes or import duties associated with the purchase of Equipment on the Platform. Furthermore, Sellers agreeing to the sale of Equipment to Buyers outside of the US will be paid in full before the shipping of Equipment.
8.1 User Responsibility
The Seller and Buyer participating in an international transaction shall be responsible and liable for ensuring adherence to all applications laws.
9 Shipping and Delivery
9.1 Shipping Responsibility
Unless otherwise specified and agreed in writing by Equiphunter, the Platform will arrange for the shipping of Equipment through vetted and approved Shipping Partners.
9.2 Buyer Responsibilities
The Buyer will be responsible for paying all applicable shipping fees.
9.3 Shipping Claims
It is the Buyer’s responsibility to notify the Shipping Partner within 24 hours of delivery of any issues they believe are the responsibility of the Shipping Partner. Resolution of shipping claims will be managed directly by the Buyer and the Shipping Partner.
9.4 Shipping Timeframes
The Platform will work with Shipping Partners to deliver the Equipment promptly but assumes no liability for delays nor is a delay in delivery an acceptable reason for non-acceptance as described in Section 10.
10 Equipment Acceptance
10.1 Timeframe
The Buyer will have forty-eight (48) hours to accept Equipment after delivery. If the Buyer does not respond within this time period, the Equipment will be deemed accepted.
10.2 Shipping Claims
Even if the Buyer files a claim with the Shipping Partner in accordance with Section 9.3, they must still make an equipment acceptance decision within the timeframe specified in Section 10.1.
10.3 Non-Acceptance of Equipment
If the Buyer does not accept the Equipment, they must provide a written explanation, including pictures and videos explaining their reason for NonAcceptance. Reasons for non-acceptance includes:
- Equipment has mechanical issues not disclosed by the Seller.
- Equipment, as delivered is a Gross Misrepresentation based on the information provided by the Seller in the listing and purchase process.
10.4 Non-Acceptance Adjudication
The Buyer must identify in accordance with Section 10.3 why the Seller information provided in the listing and purchase process is a Gross Misrepresentation. Based on the information provided, Equiphunter will work with the Buyer and Seller to resolve the non-acceptance in one or more of the following ways:
- Work with Seller to reduce the price of the Equipment and gain Buyers acceptance of the updated price.
- Work with Seller to pay for repairs necessary using a certified mechanic for the Equipment to match the listing details
- Have the Seller pay the Buyer the original cost of shipping along with the cost of returning the equipment to Seller.
11 Dispute Resolution and Liability
11.1 Dispute Process
Any disputes between Buyers and Sellers shall first be attempted to be resolved through the Marketplace’s dispute resolution process.
11.2 Arbitration
If a resolution cannot be reached, disputes will be submitted to binding arbitration in accordance with the applicable rules.
11.2.1 Class Action Waiver.
Users agree that any disputes shall be resolved only in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Users waive any right to a jury trial or to participate in a class action, consolidated, or representative arbitration.
11.3 Limitation of Liability
Except as expressly provided herein, EquipHunter, Inc. shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Marketplace.
12 Intellectual Property
12.1 Marketplace Content
All content on the Marketplace, including but not limited to text, graphics, logos, and software, is the property of EquipHunter, Inc. or its content suppliers and is protected by copyright laws.
Users may not manipulate, suppress, or fabricate feedback, ratings, or reviews in connection with Platform transactions. Equiphunter reserves the right to remove or moderate any ratings that appear fraudulent, retaliatory, or abusive, and may take action including account suspension.
12.2 User Content
By submitting content to the Marketplace, Users grant EquipHunter, Inc. a nonexclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with the Marketplace.
12.3 Ownership of Equipment Images and Descriptions
The intellectual property rights to images and descriptions of equipment listed on the Marketplace remain with the Seller. However, by listing the equipment, the Seller grants Equiphunter a license to use these materials for the purpose of promoting the equipment and the Marketplace.
12.4 Use of Equiphunter Branding and Logos
Sellers may use Equiphunter’s branding and logos solely for the purpose of indicating their participation in the Marketplace. Any other use requires explicit written consent from Equiphunter.
12.5 Takedown Procedure for IP Violations
Prepare the Complaint:
- Gather evidence of the infringement, such as URLs, screenshots, or product listings.
- Ensure you have documentation proving your ownership of the intellectual property (e.g., copyright registration or trademark certificates).
Locate the Takedown Form:
- Visit the platform’s website (e.g., Equiphunter) and look for a “DMCA Takedown” or “Report Infringement” section.
- If no specific form is available, check their terms of service or help center for guidance.
Submit the Takedown Notice:
- Include the following details in your notice:
- Your contact information.
- A description of the copyrighted or trademarked work.
- The location of the infringing content (e.g., URLs).
- A statement asserting your good faith belief that the use is unauthorized.
- A declaration that the information provided is accurate and that you are authorized to act on behalf of the rights holder.
- Sign the notice electronically or physically.
Follow Up:
- Keep a record of your submission, including any confirmation emails or case numbers.
- If the platform doesn’t respond within a reasonable timeframe, consider reaching out again.
Counter-Notice (if applicable):
- If the alleged infringer disputes the claim, they may file a counter-notice. Be prepared to provide additional evidence or escalate the matter legally if necessary.
Escalate if Needed:
- If the platform fails to act, consult a legal professional or report the issue to relevant authorities.
Disclaimer:
- Repeat offenders may be permanently suspended
13 Data Protection and Privacy
13.1 Data Collection and Storage
Equiphunter collects and stores user data in accordance with its Privacy Policy. This data includes personal information provided during account creation, transaction history, and usage data.
13.2 Compliance with Data Protection Regulations
Equiphunter is committed to complying with all applicable data protection regulations, including GDPR and CCPA.
Equiphunter may store and process personal data in jurisdictions outside the user’s country of residence. For users located in the EU or UK, data transfers are governed by standard contractual clauses or other safeguards in accordance with GDPR. By using the Platform, users consent to such international transfers.
User Rights Regarding Personal Data
Users have the right to access, correct, and delete their personal data. They also have the right to object to the processing of their data and to data portability, as outlined in the Privacy Policy.
14 Platform Security
14.1 Security Measures
Equiphunter employs industry-standard security measures to protect the Platform and user data from unauthorized access, use, or disclosure.
14.2 User Responsibilities
Users are responsible for maintaining the security of their accounts, including choosing strong passwords and protecting their login credentials.
14.3 Reporting Security Breaches
Users must immediately report any suspected security breaches or suspicious activities to Equiphunter.
14.4 Service Downtime and Liability
Equiphunter does not guarantee uninterrupted platform access and is not liable for disruptions due to maintenance, cybersecurity attacks, or external factors. Equiphunter provides basic support for technical issues affecting platform access and use. However, Equiphunter does not warrant uninterrupted access and is not liable for support delays, third-party outages, or user-side device or connectivity issues.
15 Seller Performance Metrics
15.1 Performance Measurement
Seller performance is measured based on factors such as listing accuracy, transaction completion rate, customer feedback, and compliance with these Terms of Service.
15.2 Consequences of Poor Performance
Sellers with consistently poor performance may face consequences such as lower visibility in search results, account suspension, or termination.
15.3 Opportunities for Improvement
Equiphunter provides resources and support to help sellers improve their performance and maintain a positive standing on the Marketplace.
16 Buyer Protection Program
16.1 Program Details
Equiphunter offers a Buyer Protection Program to protect buyers from fraud and misrepresentation.
16.2 Eligibility Criteria
To be eligible for protection, buyers must meet certain criteria, such as completing transactions through the Marketplace and reporting issues within a specified timeframe.
16.3 Claim Process
Buyers can file a claim under the Buyer Protection Program by providing evidence of the issue, such as photos, videos, and written descriptions. Equiphunter will investigate the claim and determine whether to issue a refund or take other appropriate action.
17 Platform Updates and Changes
17.1Notification of Changes
Users will be notified of significant platform changes or updates via email or through announcements on the Marketplace.
17.2 Acceptance of New Terms
Continued use of the Marketplace after the implementation of new terms constitutes acceptance of those terms.
17.3 Grace Periods
Equiphunter may provide grace periods for users to adapt to new platform features or policies.
18 Termination and Account Suspension
18.1 Conditions for Termination or Suspension
Equiphunter may terminate or suspend user accounts for violations of these Terms of Service, including but not limited to:
- Providing false or misleading information
- Engaging in fraudulent or deceptive practices
- Violating the Anti-Circumvention Policy
- Repeatedly failing to meet seller performance standards
18.2 Appeals Process
Users whose accounts have been suspended may appeal the decision by contacting Equiphunter’s support team.
18.3 Termination & Post-Account Data Handling
Fraud Prevention and Compliance
We take fraud prevention, financial security, and regulatory compliance seriously. To facilitate secure transactions and verify the identity of our users, we utilize Stripe as our payment processor and compliance partner. Stripe implements Know Your Customer (KYC) and Know Your Business (KYB) protocols in accordance with applicable laws and financial regulations.
By using our services, you acknowledge and agree that:
- Identity Verification: Stripe may require you to provide information and documentation to verify your identity and/or business before processing transactions.
- Fraud Detection: We employ advanced monitoring tools and algorithms to detect, prevent, and mitigate fraudulent activity. Suspicious transactions may be flagged, delayed, or denied at our discretion or at Stripe’s discretion.
- Regulatory Compliance: We comply with all applicable anti-money laundering (AML) and financial crime prevention laws. Stripe’s compliance processes ensure that transactions are conducted in a secure and legally compliant manner.
- Account Security: You are responsible for maintaining the security of your account credentials and notifying us immediately of any unauthorized activity.
We reserve the right to suspend or terminate accounts that engage in fraudulent or suspicious activities, as determined by our risk assessment procedures and Stripe’s compliance policies.
Termination & Post-Account Data Handling Appeals Process
Account Termination:
- Equiphunter reserves the right to terminate user accounts for violations of its terms of service, fraudulent activities, or other reasons specified in its policies.
- Users will receive an official notice of account termination, including the reason for the termination, via their registered email address.
Post-Termination Data Handling:
- After account termination, Equiphunter will retain user data in accordance with its Privacy Policy and applicable laws.
- User data may be kept for a specified period for compliance, legal, or administrative purposes. Personal data not required for these purposes will be permanently deleted or anonymized.
Access to Data Upon Termination:
● Users may request a copy of their account data (e.g., transaction history, invoices) within a specified timeframe following account termination. Requests must be submitted through Equiphunter’s support portal.
Appeals Process:
Filing an Appeal: Users who believe their account was terminated in error can submit a formal appeal within 30 days of receiving the termination notice. Appeals must include:
● The user’s full name and account details.
● A detailed explanation of why they believe the termination was incorrect.
● Any supporting evidence or documentation.
Review Process:
Equiphunter’s compliance team will review the appeal and respond within 14 business days. Additional information may be requested during this period.
Final Review:
After review, the team will provide a final decision. If the appeal is approved, the account may be reinstated, and any applicable data restored.
Dispute Resolution:
If a user disagrees with the final decision, they may seek resolution through mediation or arbitration, as outlined in Equiphunter’s terms of service.
19 Data Retention Policies
Upon account termination, Equiphunter may retain user data for a period of time to comply with legal and regulatory requirements.
20 Modifications to Terms
EquipHunter, Inc. reserves the right to modify these Terms of Service at any time. Users will be notified of any changes, and continued use of the Marketplace after such modifications will constitute acceptance of the new terms.
21 Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where EquipHunter, Inc. operates, without regard to its conflict of law provisions.
By using the EquipHunter, Inc. Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
For users located outside the United States, you agree that the laws of the State of Delaware, USA, shall govern this agreement and any disputes related to the Platform, regardless of conflict-of-law principles in your jurisdiction.
22 Force Majeure Clause
- Definition of Force Majeure: Equiphunter and its users shall not be held liable for any failure or delay in fulfilling their contractual obligations due to unforeseen circumstances beyond their reasonable control. These events include, but are not limited to, acts of God, natural disasters (e.g., earthquakes, floods, hurricanes), pandemics, government-imposed lockdowns, wars, riots, strikes, cyberattacks, or any other extraordinary events that render performance impossible.
- Notification Requirement: The affected party must notify the other party in writing as soon as reasonably possible, providing details of the force majeure event, its impact on performance, and the expected duration of the disruption.
- Suspension of Obligations: During the force majeure event, the affected party’s obligations under the agreement shall be suspended. Both parties agree to make reasonable efforts to mitigate the impact of the event and resume performance as soon as feasible.
- Termination Option: If the force majeure event continues for an extended period (e.g., 60 days or more), either party may terminate the agreement without penalty, provided written notice is given.
- Exclusions: Force majeure shall not apply to obligations that can reasonably be performed despite the event or to delays caused by negligence or lack of reasonable foresight.
- Dispute Resolution: Any disputes arising from the invocation of this clause shall be resolved through negotiation, mediation, or arbitration, as outlined in Equiphunter’s terms of service.
23 Digital Acceptance and Electronic Signatures.
By using the Platform, you consent to conduct transactions electronically and acknowledge that your electronic acceptance of these Terms of Service constitutes a binding agreement. This includes any click-to-accept actions or digital acknowledgments provided during account registration, listing creation, or purchase processes.
24 API Use & Third Party Integrations.
Any use of Equiphunter’s APIs or third-party integrations must be authorized in writing and comply with Equiphunter’s data security and technical standards. Unauthorized use, scraping, or reverse-engineering of the Platform is strictly prohibited and may result in legal action.