Last Updated: March 28, 2026
Version 1.0
This Seller Agreement (“Agreement”) is a legally binding contract between you (“Seller,” “you,” or “your”) and WishGiven, a California corporation (Entity No. B20260034371, registered January 20, 2026) (“WishGiven,” “we,” “us,” or “our”). By registering as a seller, listing any product or service, or accepting payment through the WishGiven platform, you acknowledge that you have read, understood, and agree to be bound by every provision of this Agreement. If you do not agree, you must immediately cease all seller activity.
For purposes of this Agreement, the following terms have the meanings set forth below:
This Agreement is incorporated by reference into WishGiven's general Terms of Service and Privacy Policy, both of which you also agree to by accepting this Agreement. In the event of a conflict between this Agreement and the general Terms of Service on matters specifically relating to seller activity, this Agreement controls.
WishGiven operates as a marketplace facilitator. WishGiven provides the technology infrastructure, payment rails, and user audience that enable Sellers to offer Products and Services to Buyers. WishGiven does not manufacture, warehouse, ship, or take title to any Products, and does not perform any Services on behalf of Sellers. All contractual obligations related to the sale of Products and Services — including but not limited to delivery, quality, fitness for purpose, and customer satisfaction — rest solely and entirely with the Seller.
Nothing in this Agreement shall be construed to create an employment relationship, agency, partnership, franchise, joint venture, or fiduciary relationship between WishGiven and the Seller. The Seller is and shall remain an independent contractor for all purposes. The Seller has no authority to bind WishGiven contractually, to make representations on WishGiven's behalf, or to incur liabilities in WishGiven's name.
As an independent contractor, you are solely responsible for all decisions relating to your business, including pricing, inventory management, staffing, equipment, supplies, methods of operation, and tax obligations. WishGiven does not direct or control the manner in which you perform your work, and you are free to sell through other channels and platforms simultaneously, subject to any restrictions set forth in this Agreement.
WishGiven may, from time to time, make available educational resources, recommendations, or guidelines regarding best practices for selling on the Platform. Such resources are informational only and do not constitute direction or control over your business operations.
In consideration for access to the Platform and its user base, WishGiven charges a platform fee of ten percent (10%) of the gross sale price of each Transaction. This fee is automatically deducted from the Transaction proceeds before the remaining balance is transferred to your connected Stripe account.
Illustrative example:If you sell a product for $100.00, WishGiven retains $10.00 as the platform fee, and $90.00 is transferred to your connected Stripe account, subject to Stripe's own processing fees and payout schedule. If you sell a product for $35.00, WishGiven retains $3.50, and $31.50 is transferred to your Stripe account (before Stripe fees).
The platform fee applies to the full gross transaction amount as presented to the Buyer at checkout, including any seller-added handling fees, but excluding Buyer-paid shipping charges collected separately and passed through in full to the Seller. WishGiven does not charge separate listing fees, monthly subscription fees, or setup fees under the current fee structure; however, WishGiven reserves the right to introduce, modify, or eliminate fees upon thirty (30) days written notice in accordance with Section 13 of this Agreement.
In the event of a refund, chargeback, or disputed Transaction, the platform fee associated with that Transaction will be returned to the Seller's Stripe balance proportionally, net of any chargeback fees or dispute fees assessed by Stripe or the applicable card networks, for which the Seller remains solely responsible. WishGiven does not absorb chargeback costs on behalf of Sellers.
All fees stated in this Agreement are exclusive of any applicable taxes, levies, or duties. You are responsible for determining and remitting any sales tax, VAT, GST, or other transactional taxes applicable to your sales in accordance with the laws of each jurisdiction where your Buyers are located.
All payment processing on the Platform is conducted through Stripe Connect, a payment infrastructure service provided by Stripe, Inc. In order to receive payouts as a Seller, you must complete Stripe's onboarding process, provide all required identity verification documents, and maintain a valid Stripe Connected Account in good standing. WishGiven will facilitate the connection between your Stripe account and the Platform; however, your Stripe Connected Account is governed by Stripe's own terms of service, connected account agreement, and privacy policy, which you must independently accept with Stripe.
Payouts to Sellers are made according to Stripe's standard payout schedule, which may vary depending on your account type, country of residence, verification status, and transaction history. Typical payout timing is two (2) to seven (7) business days following a completed Transaction, but WishGiven makes no representation or guarantee regarding payout timing. Stripe may impose additional holds, reserve requirements, or delays based on its own risk assessment policies, and WishGiven has no ability to override or expedite Stripe's processes.
WishGiven is not a bank, money transmitter, or payment service provider. WishGiven does not hold, custody, or transfer Seller funds directly. WishGiven's role is limited to instructing Stripe to disburse funds in accordance with completed Transactions after deduction of the platform fee. WishGiven is not responsible and shall have no liability for any fees, charges, deductions, holds, delays, errors, or service interruptions caused by Stripe or any other third-party financial institution involved in the payment flow.
If your Stripe Connected Account is suspended, restricted, or terminated by Stripe for any reason, WishGiven may suspend your seller account on the Platform until the Stripe issue is resolved. WishGiven may, but is not obligated to, assist you in communicating with Stripe regarding account issues. Funds held in reserve or disputed through Stripe are subject exclusively to Stripe's policies and any applicable laws, not WishGiven's policies.
You authorize WishGiven to instruct Stripe to split Transaction proceeds in accordance with this Agreement, including the deduction of the platform fee described in Section 3. This authorization remains in effect for the duration of this Agreement and for any period required to process pending or disputed Transactions following termination.
As a condition of your continued access to the Platform and your right to sell, you represent, warrant, and covenant that you will at all times:
Maintain accurate Listings. All product and service descriptions, photographs, pricing, inventory quantities, shipping timeframes, and other Listing details must be accurate, complete, and not misleading. You must update your Listings promptly to reflect changes in availability, price, or product specifications. Failure to maintain accurate Listings that results in Buyer disputes or chargebacks may result in account suspension.
Fulfill orders in a timely manner. You must fulfill all accepted orders within the timeframe stated in your Listing or, if no timeframe is stated, within a commercially reasonable time not to exceed five (5) business days for physical goods or two (2) business days for digital goods and services. For custom or made-to-order items, you must clearly disclose production lead times in the Listing prior to purchase. You must provide Buyers with tracking information for shipped physical goods within twenty-four (24) hours of shipment.
Provide responsive customer service. You must respond to Buyer inquiries, complaints, and support requests within two (2) business days. You are responsible for handling all customer service issues related to your Products and Services, including returns, replacements, and order status updates. Consistently poor customer service performance, as measured by Buyer feedback and dispute rates, may result in suspension or removal from the Platform.
Comply with all applicable laws. You are solely responsible for ensuring that your Products, Services, Listings, and business practices comply with all federal, state, and local laws and regulations applicable to you and to each jurisdiction into which you ship or deliver. This includes but is not limited to consumer protection laws, product safety regulations, food and drug regulations, import and export controls, labeling requirements, and any industry-specific regulations governing your Products or Services.
Meet your tax obligations. You are entirely responsible for reporting and remitting all income taxes, self-employment taxes, sales taxes, and any other taxes arising from your sales on the Platform. WishGiven will issue IRS Form 1099-K to Sellers who meet the applicable reporting thresholds set by the Internal Revenue Service. You acknowledge that receipt of a 1099-K does not limit your reporting obligations — you must report all income from Platform sales regardless of whether you receive a 1099-K. WishGiven makes no representation regarding the tax treatment of your sales, and you are strongly encouraged to consult a qualified tax professional.
Maintain sufficient inventory and capacity. You must not accept orders for Products you do not have in stock or Services you do not have capacity to fulfill. Repeated order cancellations due to inventory issues will be treated as a violation of this Agreement and may result in account restrictions.
The following categories of Products, Services, and conduct are strictly prohibited on the Platform. This list is illustrative and not exhaustive. WishGiven reserves the right to determine in its sole discretion whether a Listing or activity violates this Section.
Illegal goods and substances. You may not list, sell, or facilitate the sale of any goods or substances whose sale, possession, or distribution is prohibited by applicable federal, state, or local law, including but not limited to controlled substances, prescription medications without proper licensure, illegal firearms or firearm components, or goods subject to trade sanctions.
Counterfeit and infringing items. You may not list or sell counterfeit goods, replica items that misrepresent their origin or authenticity, or any items that infringe the trademark, copyright, patent, trade secret, or other intellectual property rights of any third party. If WishGiven receives a credible notice of intellectual property infringement relating to your Listing, WishGiven will remove the Listing and may suspend your account pending investigation.
Hazardous materials. You may not list or ship items that are classified as hazardous materials under applicable law or carrier regulations without proper certification, labeling, and compliance with all regulatory requirements. This includes but is not limited to flammable liquids, explosives, biological materials, and radioactive substances.
Fraudulent and deceptive practices. You may not engage in any form of fraud, misrepresentation, or deceptive trade practices in connection with your Listings or Transactions. This includes artificially inflating list prices to misrepresent discount amounts, making false claims about product origin or composition, using images that materially misrepresent the actual product, or any other conduct intended to deceive Buyers.
Review manipulation. You may not solicit, incentivize, purchase, or otherwise manipulate Buyer reviews or ratings for your Listings. You may not post fake reviews, threaten Buyers to alter their reviews, or engage in any conduct designed to artificially inflate your seller reputation.
Off-platform transactions.You may not use the Platform to solicit Buyers to complete transactions outside of the Platform in order to avoid platform fees or circumvent WishGiven's policies. Any attempt to direct Buyers to external payment systems or storefronts is a material breach of this Agreement.
Adult content. You may not list or sell sexually explicit material, adult content, or items intended for adult use unless WishGiven has explicitly granted written approval for such a category, which WishGiven may grant or withhold in its sole discretion.
Violation of any provision of this Section constitutes a material breach of this Agreement and may result in immediate account suspension without prior notice, permanent removal from the Platform, forfeiture of pending payouts to the extent permitted by law, and referral to law enforcement authorities where applicable.
Seller content ownership.You retain full ownership of all intellectual property rights in the content you submit to the Platform, including product descriptions, photographs, videos, graphics, branding, and any other original works of authorship (“Seller Content”). This Agreement does not transfer any ownership interest in your intellectual property to WishGiven.
License grant to WishGiven. By submitting Seller Content to the Platform, you hereby grant WishGiven a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, display, reproduce, distribute, modify, adapt, publicly perform, and otherwise exploit your Seller Content for the purposes of operating, promoting, and improving the Platform, including without limitation displaying your Listings to Buyers, featuring your Products in marketing materials, promotional emails, social media posts, and advertising campaigns related to the Platform. This license persists for a reasonable period following removal of a Listing for the purposes of archiving, legal compliance, and winding down active promotions.
Representations regarding content.You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to submit Seller Content to the Platform and to grant the license described above; (b) your Seller Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or publicity rights; and (c) WishGiven's use of your Seller Content as permitted under this Agreement will not require WishGiven to obtain any additional licenses or permissions from any third party or to pay any royalties.
WishGiven intellectual property.All intellectual property in the Platform itself — including the WishGiven name, logo, trademarks, service marks, software, databases, design elements, and content created by WishGiven — is and remains the exclusive property of WishGiven or its licensors. Nothing in this Agreement grants you any right, title, or interest in WishGiven's intellectual property. You may not use WishGiven's name, logo, or trademarks in any manner without WishGiven's prior written consent, except as expressly permitted for the purpose of identifying yourself as a seller on the Platform.
Seller refund policy. You are responsible for establishing and clearly disclosing your refund, return, and exchange policy in each of your Listings before a Buyer completes a purchase. Your policy must comply with all applicable consumer protection laws. If no refund policy is stated, the default Platform policy applies: Buyers may request a full refund within fourteen (14) days of receiving a physical product or within forty-eight (48) hours of receipt of a digital product or service, provided the item is not as described.
Dispute mediation.WishGiven may, at its sole discretion, mediate disputes between Buyers and Sellers. WishGiven's mediation is a courtesy service and does not constitute an obligation to resolve any dispute in any particular way. WishGiven's decision in any mediated dispute is final with respect to the Platform, but does not prevent either party from pursuing claims through other legal channels.
Chargebacks. You are solely responsible for all chargebacks initiated by Buyers through their card issuer or payment provider. WishGiven may provide evidence on your behalf to Stripe or the applicable card networks in connection with a chargeback dispute, but WishGiven makes no guarantee regarding the outcome. All chargeback fees assessed by Stripe or card networks, which typically range from $15 to $25 per incident, are your sole responsibility. If a chargeback is upheld, WishGiven will deduct the applicable amounts from your Stripe Connected Account balance or future payouts.
WishGiven's right to issue refunds. Notwithstanding your stated refund policy, WishGiven reserves the right to issue full or partial refunds to Buyers on your behalf in the following circumstances: (a) your Listing materially misrepresented the Product or Service; (b) you failed to fulfill an order within the timeframe stated in your Listing or required under this Agreement; (c) the Product arrived damaged and you failed to resolve the issue within a reasonable time; (d) WishGiven determines that a refund is required to comply with applicable law or consumer protection regulations. In such cases, WishGiven will deduct the refund amount, plus any associated fees, from your pending payouts or Stripe balance.
High dispute rate. If your Transactions generate a dispute or chargeback rate exceeding two percent (2%) of your total monthly Transaction volume, WishGiven may place a hold on your payouts, require you to maintain a reserve with Stripe, or suspend your seller account pending investigation.
Termination by either party. Either you or WishGiven may terminate this Agreement and your seller account with thirty (30) days' written notice to the other party. You may provide notice by emailing legal@wishgiven.com. WishGiven will provide notice to the email address associated with your seller account.
Immediate suspension for violations. Notwithstanding the foregoing, WishGiven may suspend or terminate your seller account immediately, without prior notice or opportunity to cure, in the following circumstances: (a) you have committed a material breach of this Agreement, including but not limited to violations of Section 6 (Prohibited Items and Conduct); (b) WishGiven has reason to believe your account is being used for fraudulent activity or money laundering; (c) your Stripe Connected Account has been suspended or terminated by Stripe; (d) you have engaged in conduct that, in WishGiven's sole judgment, poses a risk to the safety, integrity, or reputation of the Platform; or (e) WishGiven is required to do so by applicable law or court order.
Effect of termination on listings. Upon termination of this Agreement for any reason, all of your active Listings will be immediately delisted from the Platform and will no longer be accessible to Buyers. WishGiven will retain archived copies of your Listings for a period required by applicable law and its record-keeping obligations.
Outstanding payouts.Termination of this Agreement does not forfeit your right to receive payouts for Transactions that were completed and fully fulfilled prior to the effective termination date, subject to: (a) any outstanding disputes, chargebacks, or refund obligations; (b) any amounts owed to WishGiven; and (c) Stripe's standard payout schedule and policies. WishGiven may withhold payouts for a period not to exceed ninety (90) days following termination to allow for the resolution of any pending disputes or chargebacks. Payouts for unfulfilled orders at the time of termination may be returned to Buyers.
Survival. Sections 3 (Fee Structure), 7 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law and Dispute Resolution), and 14 (Severability, Entire Agreement, Waiver) shall survive the termination or expiration of this Agreement for any reason.
Disclaimer of warranties.THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WISHGIVEN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WISHGIVEN DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR BUSINESS REQUIREMENTS, THAT RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WISHGIVEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF WISHGIVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate liability cap.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISHGIVEN'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM, REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE TOTAL PLATFORM FEES ACTUALLY PAID TO WISHGIVEN BY YOU IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES IN THE PRECEDING TWELVE MONTHS, WISHGIVEN'S LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Essential basis.The limitations of liability in this Section 10 reflect a reasonable and fair allocation of risk between WishGiven and the Seller and form an essential basis of the bargain between the parties. These limitations apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain types of damages, so some of the foregoing limitations may not apply to you; in such cases, WishGiven's liability will be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless WishGiven and its parent companies, subsidiaries, affiliates, officers, directors, employees, attorneys, agents, representatives, successors, and assigns (collectively, the “WishGiven Parties”) from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
WishGiven reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with WishGiven in asserting any available defenses. You may not settle any such matter without WishGiven's prior written consent, which shall not be unreasonably withheld. Your indemnification obligations under this Section 11 survive the termination or expiration of this Agreement.
Governing law. This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement or its subject matter or formation (including non-contractual disputes), shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Mandatory arbitration.PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except as set forth below, any dispute, claim, or controversy between you and WishGiven arising out of or relating to this Agreement, your use of the Platform, or any Transaction shall be resolved exclusively by final and binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration shall be conducted in California. The arbitrator's decision shall be final, binding, and non-appealable, and judgment may be entered on the award in any court of competent jurisdiction. The arbitrator is empowered to grant any remedy available at law or equity, subject to the limitations set forth in Section 10.
Small claims exception.Either party may elect to bring an individual action in a small claims court of competent jurisdiction in lieu of arbitration, provided the dispute qualifies under that court's jurisdictional limits and procedural requirements.
Class action waiver.YOU AND WISHGIVEN EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM. All claims must be brought in the parties' individual capacities only. If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial.
Opt-out right. You may opt out of the arbitration requirement by sending written notice to legal@wishgiven.com within thirty (30) days of the date you first register as a seller. Your opt-out notice must include your full name, email address, and seller account ID. If you opt out, disputes shall be resolved exclusively in the state or federal courts located in California, and each party submits to the personal jurisdiction of such courts.
Injunctive relief. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, infringement of intellectual property rights, or other emergency circumstances pending resolution of a dispute through arbitration.
WishGiven reserves the right to modify, amend, or update this Agreement at any time and for any reason, including to reflect changes in applicable law, Platform features, business practices, fee structures, or industry standards.
For all modifications, WishGiven will provide you with at least thirty (30) days' advance written notice of the change by sending an email to the address associated with your seller account. The notice will clearly describe what is being changed and the effective date of the change. You are responsible for maintaining a current, valid email address in your seller account settings. WishGiven is not responsible for failure to receive notice if your email address is outdated, incorrect, or if the notice is filtered as spam.
Acceptance by continued use. Your continued use of the Platform as a Seller after the thirty (30) day notice period has expired constitutes your acceptance of the modified Agreement in its entirety. If you do not agree to the modified terms, you must cease all seller activity and terminate your account before the effective date of the changes.
Material changes.For changes that WishGiven determines, in its reasonable judgment, are material — including significant fee increases, substantial changes to your legal rights, or modifications to the dispute resolution procedure — WishGiven may require your affirmative re-acceptance of the Agreement (e.g., by clicking an “I Agree” button when you next log in) before permitting continued seller activity. If you do not affirmatively accept a material change within the specified period, WishGiven may suspend your ability to create new Listings until you have accepted the updated Agreement.
WishGiven will maintain an archive of prior versions of this Agreement, accessible upon written request to legal@wishgiven.com.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this Agreement, and the remaining provisions shall continue in full force and effect as if the severed provision had never been included.
Entire agreement.This Agreement, together with WishGiven's general Terms of Service, Privacy Policy, and any additional policies expressly incorporated by reference herein, constitutes the entire and exclusive agreement between you and WishGiven with respect to your seller activities on the Platform. This Agreement supersedes all prior negotiations, representations, warranties, promises, understandings, and agreements, whether oral or written, between the parties with respect to the same subject matter. No employee, agent, or representative of WishGiven has authority to bind WishGiven to any representation or promise not set forth in this Agreement.
No waiver.WishGiven's failure to exercise or enforce any right or provision of this Agreement on any one or more occasions shall not constitute or be deemed a waiver of that right or provision, nor shall it be construed to prevent WishGiven from exercising that right or enforcing that provision on any future occasion. No waiver of any breach of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision. Any waiver of rights under this Agreement must be made in writing and signed by an authorized representative of WishGiven to be effective.
Assignment.WishGiven may freely assign, transfer, or delegate this Agreement and any of its rights or obligations hereunder without your consent, including in connection with a merger, acquisition, sale of assets, or other change of control. You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without WishGiven's prior written consent, which WishGiven may grant or withhold in its sole discretion. Any purported assignment by you without such consent is void. This Agreement is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
Headings. Section headings in this Agreement are for convenience and reference only and shall not affect the interpretation or construction of this Agreement.
Counterparts and electronic signatures. Your acceptance of this Agreement through the Platform's seller registration process or through any other electronic means (including clicking “I Agree”) shall constitute a valid, binding, and legally enforceable signature to the same extent as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state electronic signature laws.
Force majeure.Neither party shall be liable for any delay or failure in performance due to causes beyond that party's reasonable control, including acts of God, natural disasters, pandemic, government action, war, terrorism, labor disputes, or internet or telecommunications outages, provided that the affected party provides prompt notice and uses commercially reasonable efforts to mitigate the delay.
If you have questions about this Seller Agreement or need to provide notices under this Agreement, please contact WishGiven at:
WishGiven
A California Corporation (Entity No. B20260034371)
Email: legal@wishgiven.com
By registering as a seller on the WishGiven Platform, you acknowledge that you have read this Agreement in its entirety, that you understand its terms, and that you agree to be bound by all of its provisions.