Effective Date: December 3, 2024

At Hivoox, we are committed to providing a transparent, fair, and secure marketplace experience, specifically designed to meet the needs of businesses and entrepreneurs. Acknowledging that disagreements or disputes may occasionally arise during transactions, this policy has been created to clarify the rules and procedures for resolving such matters effectively, fairly, and promptly. Our goal is to ensure a trusted relationship between all parties engaged on our platform.

1. Scope of the Policy

This Dispute Resolution Policy applies to all disputes arising from activities conducted on the Hivoox Marketplace, including but not limited to:

Sale or Purchase of Products and Services: Covers disagreements related to the quality, delivery, compliance, or any other aspect of the products and services exchanged on the platform.

Buyer and Seller Interactions: Encompasses disputes related to communication, adherence to deadlines, or fulfillment of contractual commitments between parties.
Fund Transfers Between Users: Governs disputes involving the transfer of Hivoox credits between user accounts, including issues related to amounts, execution, or receipt of transfers.Use of Transactional Services: Includes disputes over transaction fees, payment methods, or execution of payments via the platform.
Non-Compliance with Marketplace Rules: Addresses disputes concerning violations of Hivoox’s policies or terms of use.

In the event of a disagreement, this policy provides a structured and fair framework for dispute resolution.

2. Attempt at Amicable Resolution

Before initiating any formal action, the involved parties (Buyer and Seller) are required to attempt to resolve their dispute directly using the communication tools provided on the platform.

2.1. Initial Contact Process

Initiating Dialogue: The Buyer or Seller may start a discussion using the integrated messaging system on the Hivoox Marketplace.
Resolution Timeframe: The parties have 7 business days from the opening of the discussion to reach a satisfactory solution.
Documenting Exchanges: Messages exchanged through the platform will serve as evidence in case the dispute is escalated to Hivoox for arbitration.

2.2. Obligations of the Parties

Good Faith: Parties must strive to resolve the dispute fairly, transparently, and professionally. Any attempt to manipulate, misinform, or abuse the amicable resolution process is strictly prohibited.
Active Collaboration: Parties are encouraged to provide all necessary information (evidence, documents, screenshots, etc.) to facilitate a prompt resolution of the dispute.
Respecting Deadlines: If no solution is reached within the allotted time, either party may request Hivoox’s intervention for arbitration (see Section 3).

2.3. Promoting Dialogue

Hivoox strongly encourages open dialogue and mutual understanding to maintain a harmonious business environment on the platform.

3. Request for Hivoox Intervention

If the parties cannot resolve the dispute amicably, they may request Hivoox’s intervention by following the steps below:

3.1. Filing a Claim

Procedure: The concerned party must submit a claim via the “Support” section or any other designated channel available on the Hivoox platform.

Required Information:
The claim must include the following:

Order or Transaction Number: Clearly identify the transaction in question.
Detailed Description: Provide a clear and concise summary of the dispute, including facts, actions taken, and expected outcomes.
Supporting Evidence: Attach any relevant documentation, such as:

Emails or correspondence between the parties.
Invoices or purchase orders.
Photos, screenshots, or videos (if applicable).
Contractual documents or other supporting materials.

Submission Deadline: Claims must be filed within 15 days following the end of the amicable resolution period.

3.2. Hivoox Review

Initial Assessment: Hivoox will review the claim based on the evidence provided and the information available on the platform.
Request for Additional Information: If needed, Hivoox may contact the parties to clarify specific points or request further documentation.
Processing Time: A decision will be issued within 14 business days from the receipt of a complete claim. This timeframe may be extended in exceptional or complex circumstances.

3.3. Hivoox’s Decision

Basis of the Decision:
The decision will be based on:

The evidence provided by the parties.
The applicable terms and conditions of the platform.
Hivoox’s Transaction Policy.

Nature of the Decision:

Binding: Hivoox’s decision will be final and binding for both parties within the scope of activities conducted on the platform.
Notification: Both parties will receive an official notification detailing the decision and any required actions.
Implementation: Hivoox may, as applicable, cancel a transaction, issue a refund, or redistribute funds in accordance with the decision.

Any violation of Hivoox’s guidelines following the decision may result in penalties, including account suspension or termination.

3.4. Limitation of Liability

Hivoox acts as a neutral intermediary and facilitator. Its responsibility is limited to reviewing the dispute in accordance with the established terms. The parties remain responsible for implementing any corrective actions determined.

4. Types of Disputes and Resolutions

This section outlines common dispute categories that may arise on Hivoox Marketplace, along with specific resolution procedures for each.

4.1. Non-Compliant or Undelivered Products

Covered Cases:

Product received differs from the description (size, color, technical specifications, etc.).
Product is damaged or defective.
Product not delivered after the expected delivery timeframe.

Procedure:

Evidence from the Seller: Hivoox may require documentation such as photos, shipment tracking, or invoices to verify product shipment or compliance.
Review and Decision: If the Seller’s evidence does not adequately demonstrate compliance or shipment, Hivoox may rule in favor of the Buyer.

Possible Resolutions:

A replacement may be requested if feasible.
A full or partial refund may be issued if replacement is not possible or the product is undelivered.

4.2. Unsatisfactory or Undelivered Services

Covered Cases:

Service not delivered within the agreed timeframe.
Service provided does not meet the agreed terms (quality, content, or specifications are insufficient).

Procedure:

Claim Submission by Buyer: The Buyer must submit a detailed claim with evidence of non-compliance (contracts, communications, deliverables, etc.).
Request for Explanation from Seller: The Seller may be asked to justify the service provided or submit supporting evidence.
Hivoox Analysis: Hivoox will review the evidence to determine the validity of the claim.

Possible Resolutions:

A full or partial refund may be issued.
An alternative resolution, such as service revision or completion, may be proposed if both parties agree.

4.3. Payment Issues

Covered Cases:

Duplicate charges.
Incorrect amount charged.
Funds not credited to the user’s or Seller’s account after a valid transaction.

Procedure:

Report by Concerned Party: Users must submit a claim with payment evidence (receipts, bank statements, screenshots).
Hivoox Verification: Hivoox will review transaction records and user account histories.

Possible Resolutions:

Immediate correction of incorrect charges or credits.
Refund of overcharged amounts in cases of duplicate billing.

Covered Cases:

Transfer not received by the recipient despite a valid transaction.
Incorrect transfer amount or error in recipient identification.

Procedure:

Report: Parties must submit a claim with transaction details (date, amount, recipient identifier).
Hivoox Review: Hivoox will analyze transaction history and validate the operation.

Possible Resolutions:

Reallocation of funds to the legitimate recipient.
Refund to the claimant if the issue cannot be rectified.

4.5. General Resolution Principles

For all disputes:

Decisions will be made in accordance with Hivoox’s policies and terms.
Sanctions for non-compliance or misuse may include account suspension, closure, or restricted access to platform features.

5. Responsibilities of the Parties

To ensure smooth marketplace operations and facilitate dispute resolution, each party has specific responsibilities:

5.1. Responsibilities of Buyers

Due diligence before purchase:

Carefully review product and service descriptions, including specifications, conditions, and associated timelines.
Use the integrated messaging system to ask the Seller any questions to clarify doubts before finalizing a purchase.

Compliance with platform terms: Act in good faith in all interactions with Sellers and Hivoox.
Providing evidence in case of disputes: Submit clear and relevant evidence, such as screenshots, communications, photos, videos, or other supporting documents, to substantiate claims.
Adherence to timelines: Initiate and respond to claims within the stipulated timeframes to avoid delays in processing.

5.2. Responsibilities of Sellers

Fulfillment of commitments: Deliver products and services that align with the descriptions and quality standards specified in the product/service listings.
Honor agreed-upon delivery or execution timelines.

Responsiveness:

Respond promptly to claims or information requests from Buyers or Hivoox within the specified timeframes.
Provide documented evidence in case of disputes (e.g., invoices, proof of shipment, contracts).

Transparent communication:

Maintain professional and transparent communication with Buyers.
Notify promptly in case of unexpected problems or delays and propose alternative solutions when feasible.

Compliance with platform policies:
Act in accordance with Hivoox policies and conditions, including refraining from fraudulent or deceptive practices.

5.3. Shared Responsibilities

Both parties must:

Conduct themselves professionally and respectfully in all interactions.
Cooperate fully with Hivoox during dispute investigations and resolutions.
Avoid abusive, intimidating, or unethical behavior.

5.4. Non-Compliance with Responsibilities

Failure to fulfill the responsibilities outlined above may result in: Loss of dispute protection for the defaulting party.

Sanctions imposed by Hivoox, such as:
Suspension or closure of the account.
Restricted access to platform features.

6. Dispute Resolution Fees

Hivoox is committed to providing a fair and transparent marketplace environment for all parties. By default, dispute resolution services are free of charge. However, in exceptional cases, fees may be applied to cover resources necessary for dispute resolution.

7. Limitation of Hivoox’s Liability

Hivoox operates strictly as an intermediary, facilitating transactions between businesses and entrepreneurs within its marketplace.

7.1. Role as an Intermediary

Hivoox provides marketplace services by offering a platform where Buyers and Sellers can conduct transactions.
Hivoox is neither the Buyer nor the Seller in transactions made on the platform.

7.2. No Guarantees on Products or Services

Hivoox:

Does not guarantee the quality, compliance, accuracy, or suitability of exchanged products and services.
Cannot be held liable for errors or omissions in descriptions provided by Sellers.
Encourages parties to conduct their own due diligence before transactions.

7.3. Decisions in Dispute Cases

Decisions made by Hivoox in dispute resolution:

Are based solely on the information, documents, and evidence submitted by the involved parties.
Are rendered impartially and fairly but may not guarantee a resolution that fully satisfies all parties.

Hivoox disclaims liability for:

Indirect losses (e.g., loss of profit, reputation damage).
Collateral or unforeseen damages resulting from resolutions deemed unfavorable by one of the parties.

7.4. Limitation of Obligations

Hivoox cannot be held responsible for:

Delays or non-delivery of products or services unless caused directly by technical failures attributable to Hivoox.
Disputes arising from misuse or inappropriate use of the platform by users.

7.5. User Responsibilities

Buyers and Sellers should take reasonable measures to protect their interests, including:

Reading and understanding product and service terms before finalizing a transaction.
Providing accurate and complete information to prevent misunderstandings.

7.6. General Limitation of Liability

Under no circumstances shall Hivoox’s liability exceed:

The transaction fees paid by the Buyer or Seller for the concerned order.
A sum determined by applicable laws in cases where this limitation is not enforceable.

7.7. Exceptions to Liability Limitation

This limitation does not apply in cases of:

Gross negligence or intentional misconduct by Hivoox.
Obligations mandated by the platform’s operating country’s binding laws.
Hivoox remains dedicated to maintaining a reliable and transparent environment while limiting its liabilities to promote direct and proactive collaboration between users of the platform.

8. Appeals and Final Resolutions

Hivoox is committed to handling disputes fairly and transparently, relying on the evidence provided and the rules outlined in this policy. To maintain the efficiency of dispute resolutions, specific strict rules apply to appeals and external recourse.

8.1. Final Decisions

Decisions made by Hivoox under this policy:

Are final and cannot be challenged or contested on the platform.
Aim to balance the interests of all parties while adhering to the marketplace’s terms of use.

8.2. No Formal Appeal Process on the Platform

Hivoox does not offer a formal internal appeal process after a decision has been made.
Parties must ensure that all relevant evidence is submitted during the initial claim to allow for a thorough and fair resolution.

8.3. External Recourse Options

If a party believes the decision was unfair or inconsistent with applicable laws:
They may pursue legal action outside the platform, in compliance with the applicable laws and jurisdiction clauses specified in Hivoox’s General Terms and Conditions.

8.4. Applicable Jurisdiction

Any legal action arising from a dispute or decision rendered by Hivoox:

Must be conducted in the jurisdiction specified in the platform’s General Terms and Conditions.
Will be subject to the laws and regulations of Hivoox’s primary operating country.

8.5. Acceptance of Final Resolutions

By using the platform, users acknowledge and agree that:

Decisions rendered in dispute cases are based on the evidence provided and in line with the policy in force.
Hivoox cannot be held liable for outcomes perceived as unfair by any party unless there is a clear breach of terms or gross negligence.

8.6. Recommendations to Users

To prevent ongoing disagreements, Hivoox encourages:

Buyers and Sellers to thoroughly review the terms of their transactions and prioritize amicable resolutions before escalating disputes.
The use of the platform’s communication tools to clarify misunderstandings proactively.

9. Jurisdiction and Arbitration

To ensure fair resolutions in accordance with applicable legal frameworks, Hivoox has established specific rules regarding jurisdiction and arbitration for unresolved disputes. These rules provide a clear structure for platform users.

9.1. Competent Jurisdiction

The parties acknowledge that any dispute unresolved through Hivoox’s internal processes shall be subject to:

A competent jurisdiction in accordance with applicable laws and the clauses defined in the Transaction Service Agreement.
The jurisdiction of the country where Hivoox is registered or primarily operates unless otherwise specified in the General Terms and Conditions.

9.2. Choice of Dispute Resolution Method

Mandatory Arbitration:

Parties agree that any major dispute may be submitted to private arbitration before pursuing legal action in court.
Arbitration will be conducted under the rules of a recognized institution, such as the International Chamber of Commerce (ICC) or another designated arbitral organization.
Arbitration costs will be shared between the parties unless otherwise determined by the arbitrator.

Exclusion of Class Actions:

Platform users waive the right to initiate or participate in class actions against Hivoox for disputes related to platform use.

9.3. Venue and Language of Proceedings

Venue: All legal or arbitration proceedings will take place in the jurisdiction defined in Hivoox’s General Terms and Conditions unless mutually agreed otherwise.

Language: The proceedings will be conducted in the language specified in the Transaction Service Agreement or, by default, in English.

9.4. Recognition and Enforcement

Any arbitral or judicial decision arising from a dispute with Hivoox will be:

Considered final and binding for all parties involved.
Enforced in compliance with international conventions on the recognition of arbitral awards, such as the 1958 New York Convention, where applicable.

9.5. Alternative Remedies

Before engaging in legal or arbitration proceedings, parties are encouraged to explore alternatives such as:

Voluntary mediation under the guidance of a neutral third-party mediator.
Negotiations facilitated by legal advisors.

By using the Hivoox platform, Buyers and Sellers unconditionally accept the jurisdiction and arbitration provisions outlined in this policy and the platform’s General Terms and Conditions.

10. Policy Updates

To ensure this policy remains relevant and aligned with user needs and platform changes, Hivoox reserves the right to modify it at any time.

10.1. Right to Modify

Hivoox may revise, add, or remove sections of this policy to:

Comply with changes in applicable laws or regulations.
Introduce new features or procedures on the platform.
Address issues or enhance the user experience.

10.2. Notification of Changes

Users will be informed of significant updates through one or more of the following methods:

A visible notification on their dashboard or the platform’s homepage.
An email sent to the address associated with their account.
A banner or link to the updated policy in the “Support” or “Terms of Use” section.

10.3. Notice Period

Unless immediate changes are required, Hivoox will provide a 14-day notice period before the modifications take effect.

During this period, users will have the opportunity to:

Review and understand the changes
Contact customer support for questions or clarifications.

10.4. Acceptance of Changes

Continued use of the platform after the effective date of the changes will constitute implicit acceptance of the updated terms.

Users who do not accept the changes may:

Contact Hivoox to explore alternative solutions.
Close their account if the changes significantly impact their rights.

10.5. Transparency and Accessibility

The latest version of this policy will always be available in the “General Terms” or “Dispute Resolution Policy” section of the platform.
A history of updates may also be accessible for reference.

Contact for Disputes

For questions or to submit a dispute, please contact: 
Email: DiSpuTe.ResolUtion@hivoox.com