Vendor Terms of Service
Effective Date: 6/11/2025
These Terms of Service govern the use of the MelaMatch platform by vendors (service providers). By joining as a vendor, you agree to obligations such as providing accurate business information, complying with applicable laws (TCPA, CAN-SPAM, ADA, etc.), and using lead data appropriately. The terms also include important provisions like no guarantee of business, content license grants, indemnification, and an arbitration clause for resolving disputes.
Thank you for joining MelaMatch as a Vendor. These Vendor Terms of Service ("Terms") govern your use of the MelaMatch platform as an event service provider offering services for South Asian weddings and events. By registering an account or using the platform as a Vendor, you (the "Vendor" or "you") agree to these Terms. You represent that you have the authority to enter into these Terms on behalf of your business, and that you will comply with all applicable laws and regulations while using MelaMatch. If you do not agree to these Terms, you must not create a Vendor account or use the platform as a service provider.
Platform Role and No Guarantee of Business
MelaMatch provides a venue for Vendors to showcase their services and for Users to find and connect with Vendors. MelaMatch itself is not an event planner or contracting agent. Our role is limited to facilitating connections and communications between you and potential clients. No guarantee of business or revenue is provided – listing on MelaMatch does not ensure that you will receive any specific number of leads or bookings. We do not guarantee that Users will choose your services or that inquiries will result in successful business transactions. You are solely responsible for negotiating and entering into any agreements with Users, and those agreements are solely between you and the User. MelaMatch is not a party to your service contracts with clients and will not mediate or arbitrate disputes between you and any User (except as related to the platform usage itself).
Any guidance, recommendations, or resources that MelaMatch provides (for example, articles on how to improve your profile, suggested contract clauses, or pricing tips) are offered solely for general informational purposes. Such guidance does not constitute legal, financial, or business advice. You should consult your own professional advisors for any advice tailored to your situation, especially regarding legal or financial matters. You understand and agree that you are solely responsible for complying with all laws and regulations applicable to your business and services.
Vendor Obligations and Code of Conduct
As a Vendor on MelaMatch, you agree to uphold the following obligations and standards:
- Accurate Profile Information: You will provide truthful, up-to-date, and complete information about your business and services. This includes your business name, contact information, service descriptions, pricing, and any credentials or licenses you claim to hold. If any information changes (e.g., you obtain a new certification or change your phone number), you will promptly update your MelaMatch profile.
- Licenses and Legal Compliance: You represent that you have and will maintain all necessary licenses, permits, insurance, and certifications required to offer your services (for example, if you are a caterer, any health department permits; if you provide music/DJ services, any necessary performance licenses, etc.). You will comply with all applicable laws, regulations, and industry standards in the conduct of your business, including safety regulations and local ordinances for events.
- Quality of Service: You will use your best efforts to deliver high-quality service to Users who hire you. You will honor your commitments to Users (including pricing, services, and availability as agreed). If unexpected issues arise that affect your ability to fulfill a booking, you agree to inform the client promptly and work towards a fair resolution (which may include refunds, finding a replacement, etc., consistent with your agreement with the client).
- Appropriate Communication & Use of User Data: You agree to use any personal information about Users (such as names, contact details, and event details) that you obtain through MelaMatch solely for the purpose of providing services to that User. You will protect User information and not share or sell it to third parties. When contacting Users, you will do so courteously and only regarding legitimate event business they have inquired about. You must comply with communication laws such as the TCPA when making calls or sending texts (e.g., obtain any required consents, honor any opt-out requests) and the CAN-SPAM Act when sending emails (e.g., include your identity and an unsubscribe option for marketing emails). If a User informs you that they do not wish to be contacted further, you will promptly honor that request.
- No "Lead Farming" or Misuse of the Platform: You will not transfer or refer leads obtained through MelaMatch to third parties who are not on our platform, and you will not use the platform to generate leads for another business. The inquiries you receive via MelaMatch are intended for you only. Additionally, you will not encourage Users to circumvent the platform or transact off-platform in a manner intended to evade any fees or rules (if applicable). Healthy competition is fine, but sabotaging or discouraging clients from considering other Vendors on the platform is not permitted.
- Content Standards: Any content you post on MelaMatch (including profile information, descriptions, images, and messages) must be appropriate, professional, and lawful. You will not post content that is defamatory, obscene, harassing, discriminatory, or infringing. You warrant that you have the rights to all content you upload (for example, you have permission to use photographs you post). We may remove or moderate content that violates these standards or the rights of others.
- Nondiscrimination and Accessibility: You agree to serve clients in a nondiscriminatory manner. You will not refuse to provide services to a client or otherwise discriminate against any person based on protected characteristics such as race, color, religion, sex, national origin, or disability. You also agree to make reasonable efforts to accommodate individuals with disabilities in compliance with applicable laws (including the Americans with Disabilities Act, if applicable to your services). MelaMatch has a zero-tolerance policy for unlawful discrimination or harassment by Vendors.
- Interaction with Reviews and Ratings: If our platform allows Users to leave reviews or ratings for your services, you agree to accept and respond to feedback professionally. You will not post fake reviews about yourself or others, nor attempt to unduly influence Users to leave positive reviews (beyond asking for honest feedback). If you believe a review violates our policies (e.g., is fraudulent or abusive), you can contact us to request a review for removal, but the final decision lies with us.
Failure to adhere to these obligations may result in consequences such as removal of content, suspension or termination of your account, and/or other legal action as appropriate. MelaMatch reserves the right to edit, reclassify, or remove any of your listings or content that violate these Terms or our policies, and to suspend or terminate Vendor accounts for any behavior that we deem harmful to Users, other Vendors, or the integrity of the platform.
Fees and Payments
Creating a basic Vendor profile on MelaMatch may be free, but we might offer premium services or advertising options for a fee. If you choose to purchase any paid feature (for example, a sponsored listing or premium membership), you agree to pay all applicable fees as described at the time of purchase. All fees are in U.S. dollars and are non-refundable unless expressly stated otherwise. We will inform you of the terms of any paid service (such as the duration of an ad campaign or subscription period) before you complete the purchase. Any billing information you provide must be accurate, and you authorize us (or our payment processor) to charge your provided payment method for any paid services you opt into. Additional terms and conditions may apply to specific paid offerings, which will be provided to you at the time of purchase or enrollment and are hereby incorporated by reference into these Terms.
License to Use Content
You retain ownership of the content you post on MelaMatch (such as your business description, photos, logos, etc.). However, by uploading or posting content, you grant MelaMatch a worldwide, royalty-free, sublicensable, and transferable license to use, display, reproduce, and distribute your content on our platform and in marketing materials for the purpose of operating, promoting, and improving the Service. For example, we may display your photos to users searching for vendors, or include your business name in promotional newsletters. This license lasts for as long as your content is available on our platform and for a reasonable period of time after (to accommodate backups and residual copies). You represent and warrant that you have all rights necessary to grant this license and that our use of your content will not infringe or violate any third-party rights.
Indemnification
As a Vendor, you agree to indemnify, defend, and hold harmless MelaMatch and its affiliates, and their respective directors, officers, employees, and agents (the "Indemnified Parties"), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the MelaMatch platform or services, (b) any content you provide or actions you take on the platform, (c) your breach of these Terms or of any representation or warranty herein, or (d) your provision of services to any User (including any claims of injury, damage, or loss by Users or third parties resulting from your services, actions, or omissions). This includes, for example, claims related to personal injury or property damage at an event, or claims that you failed to fulfill services as promised. MelaMatch reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in defending such matter. Your indemnification obligations shall survive any termination of your account or these Terms.
Limitation of Liability
In no event will MelaMatch or its affiliates be liable to you for any indirect, special, incidental, consequential, or punitive damages, or any loss of profits, revenue, business opportunity, or data, arising out of or in connection with these Terms or your use of the platform, whether in contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. MelaMatch’s total aggregate liability for any and all claims arising from or related to these Terms or the Service shall not exceed the total amount of fees you paid to MelaMatch in the twelve (12) months preceding the claim (or $100, if no such fees have been paid). The limitations of liability in this section apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
Dispute Resolution & Arbitration
Any dispute or claim between you and MelaMatch arising out of or relating to these Terms or the Vendor’s use of the platform will be resolved through binding arbitration on an individual basis, as described in this section. You and MelaMatch agree not to sue in court for such disputes (except for matters that may be taken to small claims court or to seek injunctive relief as described below). Instead, any dispute shall be resolved by final and binding arbitration administered by a reputable arbitration organization (such as the American Arbitration Association) in accordance with its applicable rules. The arbitration will be conducted by a single neutral arbitrator and will take place in a mutually agreeable location or, if no agreement, in a location determined by the arbitration provider or via teleconference/videoconference when appropriate.
No Class Actions: You and MelaMatch agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate or join the claims of other persons or parties who may be similarly situated without the express consent of all parties.
Arbitration Finality: The arbitrator’s award shall be final and binding on all parties, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award any relief that a court of law could, including individual injunctive relief and attorneys’ fees if provided by law. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Exceptions: Notwithstanding the foregoing, either party may choose to bring an individual action in a court of small claims (if the claim qualifies). Also, either party may seek injunctive relief in a court of law for the limited purpose of addressing a claim of intellectual property infringement or unauthorized use or abuse of the platform, without first engaging in arbitration.
Opt-Out: If you are a new Vendor, you can opt out of this arbitration agreement by providing written notice of your decision within 30 days of accepting these Terms. Please send your opt-out notice to our contact address provided below. Your opt-out letter must include your name, your business name (if applicable), and a clear statement that you do not wish to resolve disputes with MelaMatch through arbitration. Opting out of this arbitration agreement will not affect any other provisions of these Terms.
Termination
You may terminate your Vendor account at any time by providing us notice or using any account deletion features we provide. However, terminating your account will not relieve you of the obligation to honor any outstanding commitments to Users or any agreements that you formed outside of the platform. Likewise, we may suspend or terminate your Vendor account (or access to certain features) at any time if we believe, in our sole discretion, that you have violated these Terms, violated any law or regulation, or acted in a way that could harm MelaMatch or its users. In some cases, we may provide you a warning or ask you to remedy an issue before termination, but we are not obligated to do so. Upon termination of your account, these Terms will no longer apply, except that any provisions that by their nature should survive termination (such as indemnification, limitation of liability, arbitration agreements, and content licenses granted to MelaMatch) shall survive.
General Provisions
Independent Contractors: No joint venture, partnership, employment, or agency relationship is created between you and MelaMatch as a result of these Terms or your use of the platform. You act solely on your own behalf and for your own benefit, and not as an agent or representative of MelaMatch.
Governing Law: These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws principles, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration clause. You agree to submit to the personal jurisdiction of Colorado courts for any actions not subject to arbitration.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed from the Terms and the remaining provisions will remain in full effect. No Waiver: MelaMatch’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Changes to Terms: We may amend or update these Vendor Terms of Service from time to time. We will provide notice of material changes (for example, by email or through a notification on your dashboard) and update the Effective Date at the top of the Terms. Your continued use of the platform after such changes indicates your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the platform as a Vendor.
Contact Us: If you have any questions about these Terms or wish to send any notices (including arbitration opt-out notices), please contact us here.