SECTION 3.2.2: MARKETPLACE INTERMEDIARY ROLE & WARRANTY DISCLAIMER

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Section 3.2.2: Marketplace Intermediary Role & Warranty Disclaimer
Intermediary immunity terms, Safe Harbor definitions, and complete disclaimer of merchandise warranties.
Category: Terms & Conditions Clause: CLAUSE-3.2.2 Ref Code: TC-322-INTERMEDIARY-ROLE Tier 4 (Critical Severity)
Compliance Safe & Safe Harbor Shielded

1. Section Scope & Legal Intent

Codifies the statutory role of ePaisay as a technology venue and independent intermediary, granting full Safe Harbor protections under Section 230 CDA, EU DSA, and E-Commerce Directive. Confirms zero platform merchant-of-record status.

2. Mandatory Standards & Operating Requirements

All participants subject to this policy must strictly adhere to the following mandatory standards:

  • ePaisay is strictly an intermediary technology platform. The contract of sale for all items is solely between Buyer and Seller.
  • ePaisay does not manufacture, inspect, store, endorse, or warrant any third-party physical or digital goods listed on the marketplace.
  • ePaisay disclaims all representations regarding seller solvencies, inventory truthfulness, or product fitness for a particular purpose.

3. Explicit Prohibitions & Violation Triggers

The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:

  1. Attempting to join ePaisay as a co-defendant in direct consumer commercial disputes regarding product defect or manufacturing liability.
  2. Asserting that ePaisay acts as an employer, agent, joint venturer, or partner of any seller or agency.
  3. Misleading consumers by claiming that third-party merchandise is directly stocked, owned, or guaranteed by ePaisay.

4. Warning & Violation System Enforcement Matrix

Each violation under this section is mapped directly to the automated warning and sanction ladder:

Violation Code Offense Description Detection Method Severity Tier Cure Window Mandatory Sanction
VIOL-322-01 Seller marketing merchandise as 'Officially Sold by ePaisay' or claiming platform endorsement. Automated Listing NLP Scanner Tier 3 (High) 12 Hours Listing takedown, 2 Strike Points, storefront banner disclaimer forced.
VIOL-322-02 Agency claiming to act as platform equity agent or authorized legal proxy. Marketing Compliance Review Tier 3 (High) 24 Hours Revocation of agency badge, compliance warning, mandatory public retraction.
VIOL-322-03 Failure to display independent merchant identifier on invoices. Invoice Template Audit Tier 1 (Advisory) 48 Hours Automated default invoice template applied.

5. Platform Safe Harbor & Limitation of Liability

Platform Intermediary Status: ePaisay provides the technological marketplace venue connecting independent counterparties. ePaisay is not a vendor, retailer, agent, or guarantor of any product, service, or transaction governed herein.

Total Disclaimer of Warranties: The platform disclaims all warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permissible by applicable law.

Limitation of Damages: In no event shall ePaisay, its officers, directors, or employees be liable for incidental, indirect, punitive, or consequential damages. Aggregate liability is strictly capped at the lesser of $100 USD or platform fees paid in the preceding three months.

Participant Indemnification: The participant agrees to defend, indemnify, and hold harmless ePaisay against any third-party claims, regulatory penalties, legal fees, or damages arising out of violations of this Section.

Last updated: Oct 01, 2025