Vendor Agreement – Terms and Conditions

This Vendor Agreement (“Agreement”) sets out the shared expectations, responsibilities, and values that shape The Divergent Hive Marketplace (“Marketplace”), a community created by and for neurodivergent people. By registering as a Vendor (“you”, “your”), you agree to honour these terms, uphold our neuroaffirming values, and help us maintain a safe, ethical and inclusive marketplace.
Our goal is to create a space where neurodivergent creators, practitioners, and service providers can thrive — with clarity, fairness, and support.

1 Eligibility, Identity & Representation

To join The Divergent Hive Marketplace, you must:

1.1 Neurodivergent Identity

You affirm that you identify as neurodivergent (self-identification is valid and respected).

1.2 Neuroaffirming Practice

You agree to:
• Use neuroaffirming language in all listings and communications (e.g., avoiding “disorder”, “deficit”, “deficiency”, “ASD”, or pathology-based terms).
• Uphold practices aligned with the social model of disability.
• Be inclusive of diverse neurotypes and gender identities.

1.3 Age & Residency

• You must be 18 or older.
• You must be an Australian resident or citizen.

1.4 Independent Contractor Status

You acknowledge that you are not an employee of the Marketplace Operator.
You are responsible for your own:
• Tax
• Superannuation
• Income reporting
• Insurance
• Professional/legal obligations

2 Vendor Account, Conduct & Community Standards

2.1 Ethical Conduct

By joining, you agree to:
• Treat all customers and community members with respect
• Avoid discriminatory, sexualised, or harmful content
• Communicate in a professional, trauma-informed, and inclusive manner
• Honour your commitments to customers

2.2 Username & Branding

• You must not use your official business name as your username.
• You may include your website link in the “About Us” section.
• You must not redirect customers away from the Marketplace to private websites for sales.

2.3 Marketplace Rights

We may pause or remove accounts if you:
• Repeatedly fail to fulfil orders
• Breach neuroaffirming or ethical standards
• List unsafe, misleading, or inappropriate products
• Provide fraudulent or incomplete documentation

3 Product & Service Standards

3.1 Originality

All listings must be your own authentic work. There will be no tolerance for:
• Reselling
• Dropshipping
• Copied, plagiarised, or infringing works
You agree your listings do not violate copyright, trademarks, or IP laws.

3.2 Listing Requirements

Each listing must clearly include:
• Accurate description
• Dimensions, weight, relevant measurements
• Materials/components used
• Whether item is ready-to-ship, digital, made-to-order, or a service
• Price and applicable taxes
• Fulfilment timeframes
• Photos or previews
• Detailed return/refund policy

3.3 Fulfilment Standards

You agree to:
• Dispatch or deliver services within your stated timeline
• Communicate delays promptly
• Provide tracking where possible
• Respond to messages in a timely way
• Resolve concerns in good faith

Failure to meet your fulfilment commitments may result in account suspension.

4 No-Harm, No-Animal-Use Clause

The Vendor warrants and agrees that all Products offered for sale on the Marketplace are produced without the use of farming, hunting, fishing, trapping, or any other practice involving harm, exploitation, or capture of animals. This restriction applies to both direct and indirect involvement with animals.

The Vendor further agrees that:
1. No animal-derived ingredients, materials, or by-products may be used in the creation, manufacture, packaging, or presentation of any Product.
2. Prohibited materials include, but are not limited to: meat; dairy; eggs; honey; leather; wool; silk; feathers; bone; horn; shell; fur; and any food or material containing non-plant-based gelatine or other animal-derived additives.
3. All Products must be 100% plant-based, synthetic, mineral, or otherwise non-animal in origin.
4. The Vendor must ensure that no third-party supplier, contractor, or manufacturer involved in the Product’s supply chain engages in any practice that violates this clause.

Failure to comply with this clause constitutes a material breach of the Vendor Agreement and may result in immediate suspension or termination of the Vendor’s marketplace access.

5 Food Safety Compliance Requirements

All Vendors supplying food or edible products to the Marketplace must comply with all relevant Australian food safety laws, including the Australia New Zealand Food Standards Code and Food Standard 3.2.2A. At a minimum, every individual involved in the preparation, handling, packaging, or storage of food must hold a current nationally recognised Food Handler Certificate (e.g., SITXFSA005 or equivalent). If the Vendor produces, prepares, repackages, or handles potentially hazardous or ready-to-eat foods, the Vendor must also appoint a Food Safety Supervisor whose certification is valid and issued within the last five years.

Before listing any food products on the Marketplace, Vendors must provide:
1. A copy of each relevant Food Handler Certificate;
2. Evidence of a valid Food Safety Supervisor certificate (if required for the Vendor’s business type); and
3. Proof of local council food business registration or notification, including the business classification and any conditions imposed by the council.

Vendors must follow strict food safety practices, maintain all records required under Food Standard 3.2.2A (including temperature, cleaning, and allergen controls), and notify the Marketplace immediately if any certification expires, changes, or is suspended. The Marketplace reserves the right to request updated documentation at any time and to suspend or remove any Vendor who fails to maintain full compliance.

6 Returns, Refunds & Exchanges

The Divergent Hive Marketplace supports transparent, fair, and neuro-friendly customer experiences.

6.1 Vendor Responsibilities

You must:
• Clearly display your return/refund/exchange policy on each listing
• State conditions, timeframes, and who pays return postage
• Honour any agreements made with customers

6.2 Required for All Physical Items

Every physical product MUST have a stated return/exchange policy, including if you do not accept returns.

6.3 When You Agree to a Resolution

If you promise a customer a refund, replacement, or exchange, you are required to:
• Issue the refund
• Send the replacement and provide proof of postage
• Follow through on the agreed resolution

6.4 Collaborative Resolution

Before opening a dispute, customers are encouraged to message vendors directly. Vendors are expected to respond with empathy, clarity, and problem-solving.

7 Payments, Fees, Subscription & Payout Schedule

7.1 Subscription

Vendors must maintain an active subscription currently at $9.99 AUD per month but is subject to change. This covers:
• Administration
• Listing management
• Technical support
• Secure payment systems
• Platform maintenance

Listings are paused if the subscription lapses.

7.2 Platform Commission

The Marketplace charges a 6% commission (excluding GST) on all sales. Of this:
• 1% is donated to a charity of your choice
• 5% supports platform operation

Vendors should factor this into their pricing.

7.3 First Payout Delay for New Vendors

To protect our community and prevent scams:
• First-time vendors will have their first payout held for 30–40 days
• This allows verification of legitimate sales, fulfilment, and customer safety
• This is temporary and industry standard

After this period:
• Vendors may receive payouts immediately or according to their chosen schedule

7.4 Taxes

Vendors must:
• Determine whether they are GST-registered
• Select GST-registered or not in their vendor settings
• Understand GST will be automatically applied at checkout if applicable

8 Documentation, Registration & Insurance Requirements

8.1 Required Documentation

Vendors must provide:
• ABN (active or in process)
• Proof of identity
• Proof of Australian residency/citizenship
• Registration documents (if offering professional services)
• Copies of professional qualifications (for service providers)

8.2 Insurance

You must have
• Product/Public Liability Insurance (for product vendors)
• Professional Indemnity Insurance (for service providers)

8.3 Renewal Responsibility

Vendors must:
• Track their own expiry dates
• Submit updated documents at least 14 days before expiry

If documents expire, Vendor pages and listings are automatically disabled, even if subscriptions are active.

9 Privacy, Data & Security

We follow Australian Privacy Principles. Vendors must:
• Keep customer information confidential
• Use data only for fulfilling orders
• Store information safely
• Comply with any payment-handling rules

The Marketplace will never sell or misuse vendor or customer data.

10 Intellectual Property & Creative Rights

Vendors retain full ownership of their creative work. By listing items, you grant The Divergent Hive Marketplace permission to:
• Use product photos and descriptions for promotional purposes
• With clear attribution
• Unless you choose to opt out

11 Accessibility & Community Accommodations

We recognise diverse access needs. Vendors may request:
• Extra time for messages
• Simplified instructions
• Different formats
• Admin assistance

We are committed to honouring accessibility requests with respect and flexibility.

12 Disputes, Concerns & Grievances

If for any reason, you are unsatisfied with your experience:

12.1 Vendor Grievance Process

Email: admin@thedivergenthive.com
You will receive:
• Acknowledgement within 5 business days
• A respectful, confidential review
• A collaborative conversation (written or video)
• Aiming for resolution within 21 days

12.2 Non-Retaliation

You will never be penalised for raising concerns in good faith.

12.3 Mediation

When appropriate, neuroaffirming and trauma-informed mediation will be offered.

13 Marketplace Operator Responsibilities

We commit to:
• Treat vendors with respect and fairness
• Disclose any conflicts of interest
• Avoid preferential treatment unless clearly justified
• Provide clear communication
• Support accessibility needs
• Maintain a safe, welcoming neuroaffirming space

14 Suspension, Termination & Account Closure

Your account may be paused or terminated for:
• Repeated fulfilment failures
• Unresponsiveness
• Policy violations
• Fraudulent or unsafe conduct
• Breaches of neuroaffirming or ethical standards

Upon termination:
• Listings are removed
• Obligations for existing orders remain
• Subscription fees are not refunded

You may close your account at any time, provided all outstanding customer obligations are met.

15 Governing Law

This Agreement is governed by the laws of Victoria, Australia.

16 Entire Agreement

This Agreement, together with:
• Platform policies
• Listing guidelines
• Privacy policy
• Vendor onboarding documents

forms the full agreement between Vendor and Marketplace Operator.

Plain-Language Summary (For Easy Reference)