Terms of Service

Welcome to Diabetic Outlet. We are glad you have chosen us. Please take the time familiarize your self with our Terms of Service.

1. Accepting These Terms 2. Your Privacy 3. Your Account 4. Your Content 5. Your Use of Our Services 6. Termination 7. Warranties and Limitation of Liability 8. Idemnification 9. Disputes with other users 10. Disputes with Diabetic Outlet 11. Seller Policy 12. Fees 13. Payments 14. Website Terms of Use 15. Changes to These Terms 16. Some Finer Legal Points 17. Contact Information

1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Service (the “Terms” for short). The Terms are a legally binding contract between you and Diabetic Outlet.

Please note that Section 10. Disputes with Diabetic Outlet, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use DiabeticOutlet.com, our mobile apps, and the other services provided by Diabetic Outlet (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both Diabetic Outlet and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Diabetic Outlet, will be responsible for that unauthorized disclosure.

If, however, Diabetic Outlet and sellers are found to be joint data controllers of buyers’ personal information, and if Diabetic Outlet is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Diabetic Outlet for the expenses it occurs in connection with your processing of buyer personal information.

3. Your Account

You’ll need to create an account with Diabetic Outlet to use some of our Services. Here are a few rules about accounts with Diabetic Outlet:

  • You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Diabetic Outlet or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online.
  • Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
  • Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  • You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  • Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  • Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Diabetic Outlet.

4. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

Permission to Use Your Content. By posting Your Content through our Services, you grant Diabetic Outlet a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Diabetic Outlet function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Diabetic Outlet may offer you or Diabetic Outlet buyers promotions on the Site, from time to time, that may relate to your listings

Rights You Grant Diabetic Outlet. By posting Your Content, you grant Diabetic Outlet a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Diabetic Outlet, your Diabetic Outlet store, or the Services in general, in any formats and through any channels, including across any Diabetic Outlet Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Diabetic Outlet going. Consider these examples: if you upload a photo or video of a listing on your Diabetic Outlet shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; and if you post a beautiful photo or video of your latest product, we can feature it– often along with your store name and shop picture– on our homepage, in our blogs or even on a billboard to help promote your business and Diabetic Outlet’s.

Reporting Unauthorized Content. Diabetic Outlet has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Diabetic Outlet’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, obscene, vulgar, or otherwise offensive or in violation of our Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

5. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Diabetic Outlet, another Diabetic Outlet user, or a third party.

Pay Your Bills. You are responsible for paying all fees that you owe to Diabetic Outlet. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Diabetic Outlet will help collect and remit the correct amount of value-added tax, and any local sales taxes. In addition, Diabetic Outlet will calculate, collect, and remit sales tax where applicable.

Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

Follow Our Trademark Policy. The name “Diabetic Outlet” and the other Diabetic Outlet marks, phrases, logos, and designs that we use in connection with our Services (the Diabetic Outlet Trademarks), are trademarks, service marks, or trade dress of Diabetic Outlet in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.

Share Your Ideas. Any unsolicited ideas or other materials you submit to Diabetic Outlet (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

G. Talk to Us Online. From time to time, Diabetic Outlet will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

6. Termination

Termination By You You may terminate your account with Diabetic Outlet at any time from your account settings. You’ll still have to pay any outstanding bills.

Termination By Diabetic Outlet We may terminate or suspend your account (and any accounts Diabetic Outlet determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Diabetic Outlet will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Diabetic Outlet terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services Diabetic Outlet reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Diabetic Outlet’s policies under these Terms of Service. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

7. Warranties and Limitations of Liability

Items You Purchase. You understand that Diabetic Outlet does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Diabetic Outlet cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Diabetic Outlet from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Diabetic Outlet is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and YouTube). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Diabetic Outlet is not a party to those agreements; they are solely between you and the third party.

Promotions. You acknowledge that Diabetic Outlet does not make any warranties with respect to your coupon codes and is not responsible for any unauthorized access to, or alteration, or theft of a coupon code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your coupon code if your Gift Card if it violates our Terms. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

WARRANTIES. DIABETIC OUTLET IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DIABETIC OUTLET, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL DIABETIC OUTLET’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID DIABETIC OUTLET IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

We hope this never happens, but if Diabetic Outlet gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Diabetic Outlet (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

9. Disputes with Other Users

If you find yourself in a dispute with another user of Diabetic Outlet’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system in this Help article. Diabetic Outlet will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Diabetic Outlet has no obligation to resolve any disputes.

Release of Diabetic Outlet. You release Diabetic Outlet from any claims, demands, and damages arising out of disputes with other users or parties.

10. Disputes with Diabetic Outlet

If you’re dissatisfied with us, inform us, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and Diabetic Outlet agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Diabetic Outlet are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, Diabetic Outlet will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.

D. Forum. We’re based in California, so any legal action against Diabetic Outlet related to our Services must be filed and take place in San Luis Obispo County, California. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in California, California, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Diabetic Outlet agree to submit to the personal jurisdiction of a state or federal court located in San Luis Obispo County, California.

E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.

F. Modifications. If we make any changes to this “Disputes with Diabetic Outlet” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Diabetic Outlet prior to the date the changes became effective. Diabetic Outlet will notify you of substantive changes to the “Disputes with Diabetic Outlet” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Diabetic Outlet a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Diabetic Outlet in accordance with the provisions of this “Disputes with Diabetic Outlet” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

11. Seller Policy

Diabetic Outlet is a marketplace where qualified sellers sell diabetic products and related medical supplies. We have put forth the following policy to ensure both the seller and buyer on Diabetic Outlet have a positive and safe experience. Please read on to find out more about your rights, as well as what is expected of you, as a seller.

By opening an Diabetic Outlet store, you’re agreeing to this policy and our Terms and Conditions.

I. Selling Basics

a. What can be sold on Diabetic Outlet

Diabetic Outlet is a marketplace. Buyers come here to purchase diabetic products and related medical supplies. Everything listed for sale on Diabetic Outlet must be in new condition. Sale of pre-owned products is prohibited on DiabeticOutlet.com

If you sell items on Diabetic Outlet, you agree that:

  1. All products sold by are in new condition. Sale of pre-owned products is prohibited on DiabeticOutlet.com.
  2. All products sold are over-counter items. Sale of prescription medical products is prohibited on DiabeticOutlet.com.
  3. You’re an authorized seller of the products you sell on Diabetic Outlet.
  4. You accurately describe every product you sell.
  5. All listings are available for purchase at a set price.

Diabetic Outlet may remove any listings that violate our policies. Diabetic Outlet may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Diabetic Outlet statement.

b. Managing your Diabetic Outlet Store

Your store represents you and your business to the Diabetic Outlet community. It’s important that you, your items and your store are honestly and accurately represented.

By selling on Diabetic Outlet, you agree that you will:

  1. Provide honest, accurate information in your About section.
  2. Honor your Store Policies.
  3. Ensure your shop content, such as any text, photos or videos used to represent yourself, your shop or your listings, abide by Diabetic Outlet’s policies.
  4. Accurately represent your items in listings and listing photos.
  5. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Diabetic Outlet.
  6. Not engage in fee avoidance.
  7. Not create duplicate stores or take any other action (such as manipulating clicks, carts or sales) for the purpose of shilling, manipulating search or circumventing Diabetic Outlet’s policies.
  8. Not coordinate pricing with other sellers.

c. Seller Standards

By listing a product for sale on Diabetic Outlet you understand and agree that you are responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warnings. Diabetic Outlet assumes no responsibility for the accuracy, labeling, or content of your listings.

Meeting Service Level Standards

As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards. Diabetic Outlet may reach out to you if your store fails to meet Diabetic Outlet’s Seller Service Level Standards.

By selling on Diabetic Outlet, you agree to:

  1. Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance.
  2. Respond to Messages in a timely manner.
  3. Honor the commitments you make in your store policies.
  4. Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, Diabetic Outlet can help through our case system.
  5. If you are unable to complete an order, you must notify the buyer and cancel the order.

d. Selling Fees

Sellers may be charged for using some of Diabetic Outlet’s services. There are fees associated with selling and certain other Diabetic Outlet products and features.

II. Being a Member of Diabetic Outlet Marketplace

As a seller on Diabetic Outlet, you have a responsibility to safeguard personal information and communicate promptly with buyers in order to provide a great customer experience.

a. Creating and Uploading Content

As a member of Diabetic Outlet, you have the opportunity to create and upload a variety of content, like listings, Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:

  1. Graphic, obscene, or vulgar;
  2. In violation of someone else’s privacy or intellectual property rights; or
  3. False, deceptive, or misleading.

b. Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Diabetic Outlet user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Diabetic Outlet users with whom you interact. Your privacy policy must be compatible with this policy and Diabetic Outlet’s Terms of Conditions.

In particular, when you sell using our Services (subject to this Policy), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, you are an independent controller of data relating to other users that you may have obtained through the Services.

As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Diabetic Outlet-related communications or for Diabetic Outlet-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Diabetic Outlet policies and laws, you may not add any Diabetic Outlet member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance. If Diabetic Outlet and you are found to be joint data controllers of personal information, and if Diabetic Outlet is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Diabetic Outlet for the expenses it occurs in connection with your processing of buyer personal information.

For more information, please see our Privacy Policy.

c. Communication Standards

i. Messages

With Diabetic Outlet Messages, you have the ability to communicate directly with your buyers or other Diabetic Outlet members. Messages are a great way for buyers to ask you questions about an item or an order.

Messages may not be used for the following activities:

  1. Sending unsolicited advertising or promotions, requests for donations, or spam;
  2. Contacting someone after they have explicitly asked you not to; or
  3. Interfering with a transaction or the business of another member.
  4. Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Diabetic Outlet, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.

Interference occurs when a member intentionally interferes with another member’s store in order to drive away their business. Interference is strictly prohibited on Diabetic Outlet. Examples of interference include:

  1. Contacting another member via Diabetic Outlet Messages to warn them away from a particular member, store, or item;
  2. Posting in public areas to demonstrate or discuss a dispute with another member;
  3. Purchasing from a seller for the sole purpose of leaving a negative review;
  4. Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as “click fraud.”
  5. Creating or using an independent buyer account to maliciously upvote another shop’s negative reviews in order to position those reviews more prominently.

ii. Communicating Cancellations

If you are unable to complete a transaction, you must notify the buyer via Diabetic Outlet Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.

III. Feedback, Disputes and Your Success

a. Reviews

Reviews are a great way for you to build a reputation on Diabetic Outlet. Buyers can leave a review, including a one to five star rating and a photograph of their purchase, within 100 days after their item’s estimated delivery date. If an estimated delivery date is not available, the review window opens after the order’s processing time and shipping time have elapsed. Buyers can edit their review, including the photograph, any number of times during that 100 day period.

On the rare occasion you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.

Reviews and your response to reviews may not:

  1. Contain private information;
  2. Contain graphic, mature, or obscene language or imagery;
  3. Contain prohibited medical drug claims;
  4. Contain advertising or spam;
  5. Be about things outside the seller’s control, such as a shipping carrier, Diabetic Outlet or a third party;
  6. Contain threats, harassment, or extortion;
  7. Include shilling or otherwise falsely inflate a shop’s review score; or
  8. Undermine the integrity of the Reviews system.

b. Your Seller Account and Diabetic Outlet’s Terms

In order to improve our Services, we may take actions that limit the visibility of your store, listings or ads, or that impact your payment account. In the event a shop sees unusual order activity, or we otherwise believe that your actions or shop may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, Diabetic Outlet may take actions such as limiting visibility of your account, or placing restrictions or reserves on your payments account, in accordance with our Terms of Service, including this Policy and our Diabetic Outlet Payments Policy. When appropriate and permitted by law, Diabetic Outlet will communicate information to the affected seller about the issue.

In the event a store sees an unusual spike in orders, particularly in a high demand category, a shop may see an increase or decrease in its search ranking. Often, if a shop sees an increase in fulfilled orders and good reviews, this may result in higher visibility and search rank. However, sometimes a rapid increase in orders can reduce visibility.

In addition, we may limit the visibility of listings or ads in the interest of improving our Services. For example, listings or ads may have decreased visibility because they include terms that represent a prohibited item or based on third party policies. These listings or ads may also be restricted from appearing in one or more features of the Diabetic Outlet Services. While these listings or ads may have limited visibility, they are still discoverable in search.

If Diabetic Outlet has reason to believe you, Your Content, or your use of the Services violate our Terms, including this Seller Policy, we may deactivate Your Content or suspend or terminate your account (and any accounts Diabetic Outlet determines is related to your account) and your access to the Services. Generally, Diabetic Outlet will notify you that Your Content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

IV. Listing policy

  • Listings are subject to approval by Diabetic Outlet content quality team.
  • Unique listings can be created from scratch by sellers who offer products that do not already exist on DiabeticOutlet.com. For existing listings, sellers can easily assign them to their store.
  • Listings with no interaction will be deleted after 1 year.
  • There are no fees for listing a product for sale on DiabeticOutlet.com or Diabetic Outlet’s mobile apps.
  • For items already listed on your Diabetic Outlet shop, there is no fee for editing a listing.

12. Fees

Sellers may be charged for using Diabetic Outlet’s Services. This Fees Policy explains sellers fees and taxes and how to pay them.

I. Transaction Fees

When you make a sale through DiabeticOutlet.com, you will be charged a transaction fee of 12% of the price you display for each listing plus the amount you charge for shipping. The transaction fee will not apply to sales tax, unless you have included those charges in your listing price. The transaction fee will apply to the listing price (which should include any applicable taxes) and shipping price. Transaction fees are deducted from your current balance as each sale occurs, and are reflected in your payment account.

II. Payment Processing Fees

Online Sales. Diabetic Outlet does not charge a payment processing fee for each transaction through DiabeticOutlet.com.

Deposit Fees. Diabetic Outlet does not charge a deposit fee for processing seller’s payout for each transaction through DiabeticOutlet.com.

III. Fee Avoidance

Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Diabetic Outlet. This includes, for example, encouraging buyers to purchase an item in your shop through another venue. A transaction initiated on Diabetic Outlet may not be completed off of Diabetic Outlet. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale for the purpose of avoiding Diabetic Outlet transaction fees, misrepresent the item’s location, or use another user’s account without permission.

IV. Paying Your Diabetic Outlet Fees

Diabetic Outlet will automatically deduct all fees owed from your payment account. Provided you have sufficient funds in your payment account no further payment action is required. If your payment account does not contain sufficient funds you are responsible for paying any fees owed in full within 15 days of the date of your monthly statement, or the account will be considered past due, and Diabetic Outlet may charge your card on file or take other actions to collect funds as laid out in the Recoupment section of Diabetic Outlet’s Payments Policy. If you make a sale while you have an outstanding balance the net sale amount will be applied to your outstanding balance. You may pay your outstanding balance manually by credit card, debit card, or PayPal.

Your statement is available in your payment account at the beginning of each month, and will detail all sales and fees activity from the preceding month.

Diabetic Outlet may suspend your selling privileges at any time pending payment of your outstanding balance.

V. Diabetic Outlet Payments

Diabetic Outlet Payments enables sellers to accept various forms of payment in their local currencies while using Diabetic Outlet’s services. Sellers can accept payment by credit card, debit card, health savings card payment cards, PayPal, Venmo, Apple Pay, and Google Pay.

VI. Taxes

Aside from the limited circumstances set out below, you are responsible for collecting and paying any taxes associated with using and making sales through Diabetic Outlet’s services. Diabetic Outlet will issue 1099-K forms to certain sellers to comply with IRS and state requirements.

You may qualify to receive a 1099-K form if you meet certain sales and transactions thresholds. Depending on which state you’re located in, your requirements may vary. If you receive a 1099-K form, Diabetic Outlet is required to send a copy of the same form to the IRS and/or the tax authority of your state.

Federal IRS Requirements

Diabetic Outlet is required to issue a 1099-K form to you and the IRS if you meet both of these requirements:

  • You had $20,000 USD in sales through Diabetic Outlet Payments during the calendar year.
  • You received 200 or more transactions through Diabetic Outlet Payments over that same period.

If you meet both these thresholds, Diabetic Outlet will contact you towards the end of the calendar year to ensure that your taxpayer information and mailing address are correct.

Some states have their own 1099-K requirements. You’ll receive a 1099-K form if your total 2021 Diabetic Outlet Payments sales meet the threshold for your state.

State Reporting Thresholds

  • Alabama $1500
  • Arkansas $2500
  • District of Columbia $600
  • Illinois $1,000 and 4 transactions
  • Maryland $600
  • Massachusetts $600
  • New Jersey $1000
  • Vermont $600
  • Virginia $600

13. Payments

Diabetic Outlet Payments allows buyers and sellers to use various forms of payments on DiabeticOutlet.com, and Diabetic Outlet’s mobile apps and other services. Diabetic Outlet Payments users can pay with and accept payment by credit card, debit card, Diabetic Outlet Gift Card, Diabetic Outlet Rewards, Diabetic Outlet Coupon, some bank transfer services, PayPal, Apple Pay, Google Pay and Health Savings cards. This policy explains all of your rights and obligations when using Diabetic Outlet Payments.

Accepting The Payment Terms

The Diabetic Outlet Payments Policy (or the “Policy”) sets out your rights and responsibilities when you use Diabetic Outlet Payments on Diabetic Outlet’s services (we’ll refer to DiabeticOutlet.com, Diabetic Outlet’s mobile apps, and other services as our “Services”)y. By using Diabetic Outlet Payments, you’re agreeing to the Policy. The Policy is a legally binding contract between you and Diabetic Outlet.

I. Diabetic Outlet Payments

Diabetic Outlet Payments allows sellers to (a) accept payment by authorized credit and debit card transactions, some bank transfers services, PayPal, transactions using Apple Pay, and transactions using Google Pay, and Health Savings cards (b) have those funds credited to a seller’s payment account with Diabetic Outlet, and (c) have those funds deposited into a seller’s designated bank account.

Diabetic Outlet reserves the right to add or remove payment methods accepted by Diabetic Outlet Payments in its sole discretion, with notice where required by applicable law.

Diabetic Outlet Payments is only available to sellers who are at least 18 years old who register and are approved for a payment account with Diabetic Outlet. Diabetic Outlet Payments is currently available to sellers in the United States and and its territories.

Sellers may only use Diabetic Outlet Payments for the sale of items listed on DiabeticOutlet.com, and agree to ship sold items once a payment transaction is complete and reflected in their payment account. Diabetic Outlet reserves the right to terminate a seller’s access to Diabetic Outlet Payments if the seller uses Diabetic Outlet Payments in any other manner.

Buyers may authorize a payment with any major credit or debit card accepted by Diabetic Outlet. Buyers and Sellers benefit from Diabetic Outlet having visibility into payments made on Diabetic Outlet via Diabetic Outlet Payments, because it can make the Services easy to use and enables Diabetic Outlet to more effectively provide support to sellers or buyers where relevant. It also can help reduce fraud and other types of misuse of the DiabeticOutlet.com.

II. Third-Party Services

Diabetic Outlet has engaged third-party service providers to perform many of the services related to payment processing, including card processing, disbursements, identity verification, fraud analysis, and regulatory compliance.

Diabetic Outlet partners with Authorize.net, PayPal, Stripe, and other licensed payment providers to facilitate card payments and other payments and the disbursement of funds to sellers. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Diabetic Outlet reserves the right to contact you directly and to seek payment.

Diabetic Outlet may share your personal or transactional information with those third-party service providers for purposes related to payments processing.

By using a third-party service, you may also be subject to an agreement with the third party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. Apple Pay is a third-party service provided by Apple Inc. and is subject to the Apple Pay Terms and Conditions. Google Pay is a third-party service provided by Google Payment Corp. and is subject to the Google Pay Terms of Service. Payment methods made available by Authorize.net are subject to the Authorize.net’s Terms and use.

If Diabetic Outlet receives notice that your shop’s content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending or terminating your selling privileges, or removing certain payment methods.

III. Diabetic Outlet’s Rights and Responsibilities

Diabetic Outlet Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Diabetic Outlet’s Terms of Website Use.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

Diabetic Outlet may refuse service of Diabetic Outlet Payments to anyone, for any reason, at any time.

Diabetic Outlet reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, or otherwise in violation of Diabetic Outlet’s Terms of Use.

In the event that a buyer does not make payment for the purchase of a legitimate item sold using Diabetic Outlet Payments (e.g., where the buyer used a stolen or unauthorized credit card), Diabetic Outlet may provide limited payment protection to the seller, in the interest of fairness.

Diabetic Outlet maintains records associated with transactions on Diabetic Outlet Payments and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order. Diabetic Outlet’s Privacy Policy further explains how Diabetic Outlet handles user information.

IV. Seller Rights and Responsibilities

A. Use of Diabetic Outlet Payments. Using Diabetic Outlet Payments will result in your store accepting payment through authorized credit and debit card transactions, health savings cards, some bank transfer services, PayPal, Apple Pay, and Google Pay. Sellers must provide all required information and complete all required steps, including verifying your bank account, for compliance purposes.

B. Payment Accounts. Payment accounts are only available to individuals who are eligible to be sellers on DiabeticOutlet.com. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions and seller services. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use any name they are not legally authorized to use. Sellers authorize us, and authorized agents, to verify their information (at registration and on occasion when using the Services) by accessing public records and obtaining credit reports about the sellers. Diabetic Outlet verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

C. Disputes. Sellers agree to resolve any disputes directly with a buyer, and in accordance with our Sellers Policy and Terms of Use. In the event that a dispute is escalated to Diabetic Outlet’s Support Team, Diabetic Outlet reserves the right to issue a refund to a buyer and recoup such funds from the seller if a transaction is found to be in violation of Diabetic Outlet’s policies.

In the event that a buyer submits a chargeback, Diabetic Outlet will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Diabetic Outlet reserves the right to recoup funds associated with buyer chargebacks from the seller.

D. Communications. We will inform sellers of each transaction, or of other information pertaining to Diabetic Outlet Payments, using standard communication procedures, including by email.

E. Refunds. Refunds or adjustments paid by Diabetic Outlet to buyers for payments made through Diabetic Outlet Payments may be initiated using the refund functionality in the seller’s payment account for a period of 90 days after the purchase was made. The Diabetic Outlet Payments Platform does not have refund functionality after 90 days from the original purchase date. Any such funds paid by Diabetic Outlet to cover refunds will be deducted from the seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the seller’s card on file or added to the seller’s payment account. Refunds issued by Diabetic Outlet will be in the original form of payment, and if such payment is not available, an Diabetic Outlet credit will be issued.

For full refunds to buyers who used an Diabetic Outlet Coupon towards their underlying purchase, the buyer will be refunded the amount they paid as part of the purchase, and Diabetic Outlet will be refunded the amount contributed by Diabetic Outlet via the Diabetic Outlet Coupon. For partial refunds to buyers who used an Diabetic Outlet Coupon towards their underlying purchase, refunds will be made to the buyer and Diabetic Outlet proportionate to the amount contributed to the underlying purchase (in Diabetic Outlet’s case via an Diabetic Outlet Coupon).

Diabetic Outlet reserves the right to refund buyers and recoup such refunded amounts from the seller where the seller has been refused service by Diabetic Outlet in accordance with Diabetic Outlet’s Terms of Use; and/or in circumstances where a seller is under Reserve as detailed in Section 7 (Deposit); and/or in circumstances where the seller has unfulfilled or overdue orders.

Fully refunded transactions may be eligible for cancellation in accordance with our Cancellation Policy.

F. International Trade Laws. You agree that your use of Diabetic Outlet Payments will not involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations, or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.

G. Information on Cardholder Charges. Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make on Diabetic Outlet. These fees are not charged by Diabetic Outlet and are at the discretion of your bank. Please contact your bank for further details.

V. Appointment of Diabetic Outlet as Limited Collection Agent for Sellers

Each seller appoints Diabetic Outlet as its agent for the limited purpose of receiving, holding, and settling payments to seller. Diabetic Outlet will settle payments that are actually received by Diabetic Outlet to each seller, less any amounts owed to Diabetic Outlet and subject to these Terms. Each seller agrees that a buyer payment received by Diabetic Outlet, on behalf of seller, satisfies the buyer’s obligations to make payment to seller, regardless of whether Diabetic Outlet actually settles such payment to seller. If Diabetic Outlet does not settle any such payments as described in these Terms to a seller, such seller will have recourse only against Diabetic Outlet and not the buyer.

VI. Deposits

A. Payment Account.

All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Transactions are considered complete at the later of once the payment is approved by Diabetic Outlet or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.

Funds displayed in a seller’s payment account balance are eligible for deposit (the “Available Funds”) into a seller’s bank account, subject to any applicable reserve(s) and corresponding reserve limit, hold, or deposit delay, as described in Section B. Reserves; Holds and Delays below, and as otherwise determined by the seller’s bank.

A deposit minimum also applies to deposits. Funds will only be available for deposit if they exceed the applicable deposit minimum.

B. Reserves; Holds and Delays

To protect the security and integrity of our marketplace, the users of the Diabetic Outlet, Diabetic Outlet may take account-level or transaction-level actions based on risk-based criteria, like the criteria listed below. Some of our decisions about reserves, holds and delays may be based on criteria that demonstrates a seller’s ability to fulfill orders in a manner consistent with Diabetic Outlet’s policies. These criteria are essential to our management of risk and the protection of Diabetic Outlet and our users. Diabetic Outlet reserves the right to use a combination of reserves, deposit delays, and holds on your account.

Reserves.

A Reserve is an amount of money pending settlement as indicated in your payment account. A Reserve will be placed on your account if we believe there may be a high level of financial risk associated with you, your account, your business model, or your transactions.

When a Reserve is applied on your payment account, it means that a percentage of the funds in your payment account balance is held on an ongoing basis, and will not be made available for disbursement as Available Funds for a specified period of time. The Reserve percentage applies to amounts from your sales that would otherwise be available for disbursement. The percentage Reserve applied to your account is determined by your risk level and is used to create a threshold amount (explained in detail below) that applies to your payment account balance while you are in Reserve. You’ll be notified by email if a Reserve is applied to your Payment Account. The email you receive notifying you that you are in Reserve will include details of the Reserve, including the period of Reserve and the percentage applied to your Payment Account.

  • Threshold Reserve Amount applicable to your Account
  • The threshold reserve amount is the amount of funds you must have in your Payment Account while you’re in Reserve before you’ll have money available to disburse to your bank account (the “Threshold Reserve Amount”). The Threshold Reserve Amount will maintain the percentage Reserve that has been applied to your account. As a result, it may increase and decrease as appropriate to reflect new activity in your payment account, like sales you’ve received, refunds and chargebacks, charges to your payment account where applicable, as well as and Reserve amounts released to you. The Threshold Reserve will also determine the amount of funds available to be disbursed to your bank account as Available Funds and the amount of funds that are pending, because they are still in Reserve. Funds in excess of the Threshold Reserve Amount are available to you for disbursement as described in Section 7A above. Funds below the Threshold Reserve Amount are your Reserved funds and are not available for disbursement until the end of the applicable Reserve period. If your Reserve funds are used to cover any charges and your Reserve funds fall below the Threshold Reserve Amount, funds from subsequent sales will be applied to your Reserve funds to help you meet and maintain your Threshold Reserve Amount. You can view your Threshold Reserve Amount, as well as any Reserved funds and funds available to you for disbursement (Available Funds), in your Payment Account.

Reserve funds will be used to address potential financial risk such as refunds, chargebacks, claims, or seller fees and charges, where your Available Funds do not sufficiently cover such charges. Reserve funds that are not used to address refunds, chargebacks, claims or seller fees, where applicable, will be released to you in full at the end of the corresponding Reserve period on a rolling basis. However, Reserve funds will not be released if, during the Reserve period relating to a particular sale, a buyer raises a case against you, or files a chargeback, and you do not have sufficient funds in your Available Funds to cover a potential refund. Diabetic Outlet relies on different risk factors (and whether and how these factors have changed over time) to determine whether and how much of a Reserve should be applied to your payment account, including:

  • How long you’ve been in business on Diabetic Outlet (including how long since you’ve made your first sale)
  • Details of your sales (including volume and average sales earnings)
  • The extent of any backlog of orders from your shop
  • Availability of shipping tracking information
  • Types of goods you sell (whether they’re ready to ship or made to order)
  • Ratio of cases (disputes) opened by buyers in respect of your sales
  • Suspensions or warnings already received
  • Estimated delivery times; and
  • Shipping status of active orders

Types of Account Reserves:

A fixed reserve is a fixed percentage of your payment account balance at the time a Reserve is placed on your account, which will be held for a specified period of time. After that, the same percentage of each of your subsequent sales will be held in Reserve, each for a specified period of time. Reserve funds will be held for such period and where applicable, will be used to address chargebacks, refunds, and pay seller fees. Reserve funds will be released on a rolling basis after the corresponding Reserve period expires, unless a case is raised against you by a buyer. Any funds above the Threshold Amount of your Reserve will be available to be disbursed as described in Section 7A.

A variable reserve is a percentage, determined as appropriate by Diabetic Outlet, of a seller’s payment account balance (i) delayed prior to being included as part of a seller’s Available Funds for a period of up to 180 days or (ii) deducted from a seller’s payment account as a reserve for a period of up to 90 days. A variable reserve may be placed on a seller’s payment account balance in addition to any applicable Fixed Reserve in Diabetic Outlet’s sole discretion. Account Reserves are placed on an account on a case by case basis, in reference to the factors listed above and other risk-based criteria, and are reviewed from time to time. Diabetic Outlet may deem a seller eligible for reduction in the percentage or removal of a Reserve due to a change in our risk-assessment of a seller based on the factors listed above, or as a result of a seller’s positive performance, such as a reduction in cases or an improvement in the seller’s fulfillment of orders. Diabetic Outlet may increase the Reserve percentage held and/or the period for which the Reserve applies based on our re-review of a seller account against the factors listed above, and other risk-based criteria. If we change the terms of a Reserve due to a change in our risk assessment, we’ll notify you of the new terms.

Holds and Delays. In some cases, deposits to a seller’s bank accounts could be temporarily delayed by an issue at Diabetic Outlet, Diabetic Outlet’s third-party service providers, or a seller’s bank. We’ll do our best to communicate with any affected seller as soon as we can.

Separately, if we believe that a seller’s actions may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, then we may, in addition to any applicable Reserve and in our sole discretion, put a hold or deposit delay on the seller’s payment account balance.

  • A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date, or (b) completion of any investigation regarding the seller’s actions.
  • Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a seller and the number of days is reflected in each seller’s payment account.

If Diabetic Outlet places a hold or deposit delay on a seller’s account, we’ll do our best to communicate with the affected seller as appropriate as soon as we can.

We always work hard to avoid and minimize any delays. However, please note that Diabetic Outlet is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.

C. Scheduled Deposits. Diabetic Outlet will instruct our payments partners to initiate a deposit of a seller’s Available Funds into the seller’s bank account on a daily, weekly, biweekly, or monthly basis. Sellers can select the frequency of disbursements from their payment account in their account settings. When a seller selects daily disbursements, disbursements will be made on each day that the seller’s payment account has a balance equal to or greater than the minimum daily disbursement thresholds listed below. When a seller selects weekly, biweekly, or monthly disbursements, disbursements will be made on every applicable Monday. In this policy we’ll refer to the date of disbursement as the “Payment Date.” Deposits into a seller’s bank account will generally be credited within three (3) to five (5) business days from the date Diabetic Outlet initiates the deposit request. The actual timing of the deposit may depend on how quickly a seller’s bank processes the request.

The Payment Date will fall on the next business day (Monday through Friday, excluding bank holidays) if the scheduled Payment Date falls on a non-business day. If a seller elects to change the frequency of disbursements, the following deposit will be initiated on the next business day if the seller selects daily disbursements, or on the next applicable Monday if the seller selects weekly, biweekly, or monthly disbursements. When a seller either initially provides or later changes their bank account information, the seller must wait at least five (5) calendar days to request a deposit into a bank account as a security precaution. The next scheduled deposit after a change to bank account information will occur on the next applicable Payment Date after a period of five (5) calendar days from the date of the requested change.

E. Escheatment. If Diabetic Outlet cannot settle funds into a seller’s bank account, or the seller is refused service by Diabetic Outlet under Diabetic Outlet’s Terms of Use, the funds will remain with Diabetic Outlet and the balance remains available in the seller’s payment account. It is the seller’s sole responsibility to update their bank account information to receive the funds, if applicable. If a seller fails to update the information to claim the funds within a certain period of time, or Diabetic Outlet cannot release funds to the seller for compliance reasons, Diabetic Outlet will escheat the funds to the relevant government authority as required in order to comply with applicable escheatment laws.

VII. Recoupment

A. We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods or we otherwise determine, consistent with Section 5 (Seller Rights and Responsibilities], that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller, or (d) a seller does not act in accordance with Diabetic Outlet’s policies.

B. We may obtain reimbursement of any amounts owed by a seller to Diabetic Outlet by deducting from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller’s card on file, charging the seller’s payment account, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement. Diabetic Outlet may suspend your selling privileges at any time pending payment of your outstanding balance.

VIII. Payment Processing Fees

A. Overview. Diabetic Outlet charges a fee (the “Payment Processing Fee”) for processing each transaction through Diabetic Outlet Payments. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Payment Processing Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. For deposits below designated thresholds, a deposit fee of 3% + 0.25 USD will apply. Deposit fees are deducted from your Available Funds and reflected in your payment account at the time of your scheduled deposit. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded to the seller’s payment account. Deposit fees will be refunded if the deposit is returned to a seller’s payment account.

B. Value-Added Tax (VAT). Depending on your business status and location, Diabetic Outlet may be required to charge VAT on seller fees accrued each month and remit it to the relevant tax authority. VAT is collected on Diabetic Outlet Payments processing fees for sellers.

C. Interest. Diabetic Outlet may earn interest (or other compensation) from the balances in our bank accounts because of the timing difference between our being paid by buyers and our paying sellers (when our bank account is being debited to pay Available Funds in payment accounts to sellers).

IX. Reporting Obligations

Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for sellers located in the United States or being paid in USD in certain circumstances.

To comply with these regulations, sellers who approach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required to provide taxpayer-identification information to Diabetic Outlet.

To comply with these reporting obligations, Diabetic Outlet requires your your taxpayer name and ID as you approach the VAT sales threshold or local reportable threshold. Your Diabetic Outlet selling privileges may be suspended until you provide this information.

X. Termination

Sellers may terminate this contract and their acceptance of Diabetic Outlet Payments at any time by adjusting the Settings in their account with Diabetic Outlet. Diabetic Outlet may also terminate or suspend a seller’s use of Diabetic Outlet Payments at any time.

Upon termination, any non-disputed Available Funds will be deposited into a seller’s bank account. Diabetic Outlet reserves the right, upon termination of access to Diabetic Outlet Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments, or other amounts that might be paid to buyers in connection with purchases from the seller’s payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorized in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

14. Website Terms of Use and Access

Diabetic Outlet provides website features, products, and services to you “the user of DiaebticOutlet.com” when you use or shop on DiabeticOutlet.com, all of which are subject to the following conditions.

By Using and Accessing DiabeticOutlet.com, you agree to these conditions

The following Terms of Use and Access apply to the DiabeticOutlet.com and its subdomains. By using or accessing DiabeticOutlet.com and/or its subdomains and directories, or by otherwise accepting these Terms of Use and Access, you “the user of DiabeticOutlet.com” agree to these Terms of Use and Access.

I. Electronic Communications

When you use, shop at, or purchase form DiabeticOutlet.com, send e-mails, or other communications from your desktop, tablet, or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, or notices and messages on DiabeticOutlet.com or its subdomains, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

II. Account Registration

To purchase products from DiabeticOutlet.com you must register for an account. You must be at least 18 years old to register for an account. Only one account is permitted per household. You agree that all of your registration information will be true and complete, and you will keep your account information current and up-to-date.

III. Your Account

If you use, shop at, or purchase form DiabeticOutlet.com, you are solely responsible for maintaining the confidentiality of your username and password, and restricting access to your computer. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use and Access. You will be responsible for all purchases made, and anything else that occurs, through your account.

Diabetic Outlet sells sharp medical products to adults. If you are under 18, you may buy Diabetic Outlet adult products only with involvement of a parent or guardian. Diabetic Outlet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

IV. Reviews, Comments, Questions, Communications and Other Content

DiabeticOutlet.com Visitors may post reviews, comments, questions, photos, videos, suggestions and other forms of content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Diabetic Outlet reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

V. Materials You Submit or Content You Post

You acknowledge that you are responsible for all materials you submit to DiabeticOutlet.com via the DiabeticOutlet.com or other electronic communications (including through any part of the DiabeticOutlet.com administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with the DiabeticOutlet.com through these social media platforms). You acknowledge that you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.

You agree not to post content or materials that:

  • infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
  • is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
  • is fraudulent, false, misleading, or deceptive;
  • is defamatory, obscene, pornographic, vulgar, or offensive;
  • promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • has a commercial purpose;
  • is intended to cause harm, damage, disable, or otherwise interfere with the Jet Sites or our partners; or
  • can be considered a third party’s private or confidential information.

If you do post content or submit material, and unless we indicate otherwise, you grant Diabetic Outlet a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Diabetic Outlet the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Diabetic Outlet for all claims resulting from content you supply. Amazon has the right but not the obligation to monitor and edit or remove any activity or content. Diabetic Outlet takes no responsibility and assumes no liability for any content posted by you or any third party.

15. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

16. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Diabetic Outlet regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

17. Contact Information

If you have any questions about the Terms, please contact us.