PhyTu Marketplace

Marketplace User Agreement, Risk Disclosures & Role-Specific Waivers

Last Updated: July 14, 2026  ·  Version 1.0

Applies to buyers, recipients, sellers, service providers, event organizers, adopters, rehomers, gifters, campaign organizers, and contributors.

1. Agreement and Scope

This Marketplace User Agreement, Risk Disclosures & Role-Specific Waivers (the "Agreement") supplements and is incorporated into the PhyTu Terms of Service. It also works together with the applicable listing, seller or provider terms, Live Goods and Dead-on-Arrival Claim Policy, event waiver, campaign disclosure, and other transaction-specific policies shown before you complete an action.

If a transaction-specific term conflicts with this Agreement, the more specific term controls only for that subject. No term eliminates a right or remedy that cannot lawfully be waived.

2. Electronic Acceptance, Age, and Authority

You accept this Agreement when you check the applicable acceptance box, submit an order, create or publish a listing, book or provide a service, register for an activity, arrange an adoption or rehoming, offer or accept a gift, create or contribute to a campaign, or otherwise take an action that clearly references this Agreement.

• You must be at least 18 years old and legally able to enter into a contract, or act through a parent or legal guardian where PhyTu expressly permits minors to participate.
• If you act for a business, rescue, charity, organization, or another person, you represent that you have authority to bind that party.
• PhyTu may retain electronic acceptance records, timestamps, listing versions, communications, transaction logs, and related records.

3. PhyTu's Marketplace Role

Unless the listing expressly states otherwise, PhyTu does not own, manufacture, grow, breed, raise, possess, inspect, diagnose, certify, store, pack, transport, ship, deliver, install, treat, supervise, or provide the goods, animals, services, events, gifts, or campaigns offered by users.

• The transaction is directly between the buyer or recipient and the seller, provider, organizer, rehomer, gifter, or campaign beneficiary identified in the listing.
• PhyTu may provide listing, communication, payment, identity-verification, recordkeeping, moderation, and customer-support tools without becoming the seller, provider, carrier, veterinarian, horticultural adviser, adoption agency, charity, trustee, fiduciary, or event operator.
• PhyTu may remove listings, suspend accounts, hold or reverse payouts where authorized, preserve evidence, or cooperate with payment processors, regulators, law enforcement, or courts.

4. Sellers, Providers, Organizers, Rehomers, and Campaign Creators

By listing or offering anything through PhyTu, you represent and agree that:

• You are an independent third party and are solely responsible for your listing, statements, photographs, pricing, taxes, licenses, permits, insurance, safety practices, legal compliance, fulfillment, communications, records, and required remedies.
• All information you provide is accurate, current, and not misleading — including identity, business, contact, tax, banking or payout information, product source, fulfillment partner, and material listing details.
• You own the item or animal, or have full legal authority to offer it; your offer does not infringe another person's rights; and the item, animal, service, activity, or campaign is lawful in every applicable jurisdiction.
• You will disclose known material defects, risks, restrictions, health or behavior information, care requirements, allergens, toxicity, permits, shipping or pickup conditions, seasonal timing, and any other fact a reasonable user would consider important.
• You will honor the listing and all promises made to the user, respond within a reasonable time, keep transaction records, and provide legally required cancellations, delay notices, refunds, replacements, or other remedies.
• You will promptly provide information or certifications PhyTu reasonably requests for verification, consumer disclosures, safety, tax, payment, fraud prevention, or legal compliance. PhyTu may suspend selling activity until required information is provided and verified.

5. Buyers, Recipients, Participants, Adopters, and Contributors

Before completing a transaction, you are responsible for reviewing the entire listing, seller or provider identity, item-specific terms, fulfillment date, pickup or shipping method, care instructions, eligibility requirements, risks, fees, and linked policies.

• You must provide accurate contact, delivery, pickup, eligibility, and payment information and remain reasonably available for delivery, pickup, scheduling, or follow-up questions.
• You are responsible for determining whether an item, organism, animal, service, activity, or contribution is suitable and lawful for your location, household, property, intended use, health circumstances, and level of experience.
• You must follow lawful care, handling, quarantine, safety, permitting, and professional guidance after receipt or participation.
• Normal variation, changed preferences, buyer's remorse, or dissatisfaction with a result that was not guaranteed does not by itself create a right to a refund.

6. Fulfillment, Pickup, Shipping, Seasonal Orders, and Split Shipments

PhyTu does not pack, ship, transport, or deliver user-listed goods. The identified seller is responsible for fulfillment and for compliance with applicable delivery and delay-notice requirements.

• An order may contain items from different sellers or items with different seasonal, preorder, made-to-order, pickup, or shipping dates. Those items may be fulfilled separately.
• A delivered or picked-up portion of an order is not evidence that a later-scheduled item is missing or overdue when its disclosed fulfillment window has not passed.
• The seller must provide accurate fulfillment estimates and, when a material delay occurs, give any notice, cancellation choice, consent request, or refund required by the listing, policy, or law.
• Carrier scans, signatures, geolocation, delivery photographs, pickup confirmations, and other records may be used as evidence of fulfillment. Such records do not eliminate nonwaivable rights concerning actual nondelivery or billing errors.
• Buyers must promptly report delivery or pickup problems through the method and within the claim period shown in the applicable policy, and must provide truthful information and reasonably cooperate with the investigation.

7. Live Plants, Fungi, Seeds, and Other Biological Materials

Living and biological goods are naturally variable and may respond differently to weather, transit, handling, planting, water, soil, light, temperature, pests, disease, dormancy, local conditions, and the recipient's care.

• Size, color, leaf count, bloom stage, rooting, dormancy, appearance, and timing may vary from photographs or descriptions unless the listing expressly guarantees a specific characteristic.
• The seller — not PhyTu — is responsible for lawful labeling, condition at fulfillment, packaging, phytosanitary or agricultural compliance, and any seller warranty or claim remedy.
• The recipient must inspect promptly, follow care and acclimation instructions, preserve packaging and labels when a claim is possible, and submit required evidence within the Live Goods and Dead-on-Arrival Claim Policy deadline.
• No one guarantees indefinite survival, growth, bloom, fruiting, yield, germination, biological purity, or freedom from future pests or disease unless the listing expressly states a written guarantee.
• Live-goods remedies are limited to those stated in the applicable listing or policy, except where a different remedy is required by law.

8. Animals, Adoption, Rehoming, Animal Care, and Wildlife

Unless a listing expressly states that PhyTu is the provider, PhyTu does not own, evaluate, handle, transport, foster, board, train, medically assess, vaccinate, diagnose, or provide veterinary care for any animal.

• The owner, rescue, shelter, breeder, rehomer, or provider must have legal authority to act and must disclose known material information, including health history, medications, vaccination status, bite or aggression history, behavior concerns, special care, ownership restrictions, fees, and available records.
• The adopter or recipient accepts responsibility for independent evaluation, lawful transport and possession, veterinary examination, quarantine where appropriate, ongoing care, costs, training, containment, supervision, and compatibility with people, animals, housing, and local law.
• Animal behavior and health can change. No temperament, health, age, breed, species, fertility, working ability, or future outcome is guaranteed unless expressly stated in a written agreement by the responsible third party.
• Wildlife may not be captured, possessed, transferred, transported, displayed, treated, released, or interacted with through PhyTu unless the activity is lawful and conducted by appropriately authorized persons. Users are responsible for all permits and agency requirements.
• Urgent animal-health concerns must be directed to a licensed veterinarian or appropriate emergency or wildlife authority, not to PhyTu.

9. Services, Classes, Visits, and Events

The identified provider or organizer is responsible for the activity, location, personnel, equipment, animals, instructions, screening, emergency planning, permits, licenses, insurance, and participant safety.

• Participation may involve inherent risks such as slips, falls, cuts, lifting, tools, weather, traffic, plants, soil, insects, allergens, animals, bites, scratches, zoonotic disease, property damage, emotional distress, illness, serious injury, disability, or death.
• Participants must follow safety rules, use appropriate judgment, stop if conditions appear unsafe, and disclose material participation limitations directly to the provider when necessary for safety.
• A provider-specific waiver, informed consent, health form, or guardian signature may be required. This Agreement does not replace a separate activity-specific waiver when one is appropriate.
• A parent or legal guardian must complete any required consent for a permitted minor participant.

10. Free Items, Gifts, and Promotional Extras

A free item, sample, bonus, promotional extra, or user-to-user gift is provided by the identified gifter or seller without a purchase price for that item.

• The recipient must still review all disclosures, determine suitability and legality, and safely handle, use, plant, store, or care for the item.
• Unless expressly promised in writing, a free item has no cash value and is not independently replaceable or refundable. A problem with a free extra does not create a refund right for otherwise conforming paid items.
• Nothing in this section excuses fraud, concealment of a known material danger, unlawful products, or a remedy that cannot lawfully be waived.

11. Contributions, Fundraisers, and Campaigns

A campaign page must identify the organizer or beneficiary, the stated purpose, material fees or deductions, and whether the contribution is represented as tax-deductible.

• Unless the campaign expressly identifies a qualified charitable recipient and explains receipt arrangements, contributors should assume that the payment is not tax-deductible.
• Any tax acknowledgment or receipt is the responsibility of the qualified recipient identified on the campaign, not PhyTu, unless PhyTu expressly states otherwise in writing.
• The campaign organizer is responsible for truthful disclosures, lawful solicitation, required registration, records, updates, and use of funds consistently with the campaign description and applicable law.
• PhyTu may process or facilitate payment and may deduct disclosed fees, reverse failed or disputed payments, delay release for fraud or legal review, remove misleading campaigns, and provide records to payment processors or authorities.
• PhyTu does not independently audit a campaign or guarantee tax treatment, outcome, or use of funds beyond the specific representations PhyTu expressly makes. Contributors should evaluate the identified organizer or beneficiary before contributing.

12. Cancellations, Returns, Refunds, and Claims

Except as stated in the listing, applicable policy, or law, transactions are final once the seller or provider begins fulfillment, reserves inventory or time, performs the service, transfers the item or animal, or incurs nonrecoverable transaction costs.

"Final sale" does not eliminate a remedy that applies because an item or service was not provided as agreed, a seller canceled, a material listing representation was false, a legally required delay or cancellation remedy applies, or the law otherwise requires a refund or other relief.

• Transaction-specific claim windows and evidence requirements apply to the extent permitted by law. Users must submit complete, truthful, timely evidence and preserve the item, packaging, labels, communications, or other relevant records while a claim is reviewed.
• The responsible seller, provider, organizer, or beneficiary ordinarily makes the first decision on a transaction-specific claim, subject to PhyTu's policies, payment-processor rules, and applicable law.
• PhyTu may facilitate communication or issue a platform remedy without assuming responsibility for the underlying item, animal, service, activity, or campaign.

13. Payment Disputes, Billing Errors, and Chargebacks

Nothing in this Agreement prevents a user from exercising a lawful right concerning an unauthorized charge, billing error, nondelivery, or other protected payment dispute.

Users must make only truthful, complete, and good-faith statements. A user may not knowingly characterize a delivered or picked-up item as "not received," treat a disclosed later-scheduled item as overdue before its fulfillment window, deny authorizing a transaction that the user authorized, conceal a partial delivery, or omit a refund, replacement, credit, or resolution already provided.

• When practical, users are encouraged to contact the responsible seller or provider and PhyTu support promptly so the issue can be documented and addressed. This request does not waive any legal deadline or nonwaivable payment right.
• PhyTu, the seller, or the provider may submit acceptance records, listing versions, checkout acknowledgments, messages, tracking, delivery or pickup evidence, photographs, service records, refund records, device or transaction data, and other relevant evidence to a payment processor, card issuer, bank, court, or regulator.
• Fraudulent, materially false, duplicative, or abusive disputes may result in account restriction or termination and recovery of amounts, fees, or losses to the extent permitted by law. Good-faith disputes do not by themselves constitute abuse.

14. No Professional Advice or Guaranteed Outcome

Content available through PhyTu is general marketplace information. Unless a properly licensed third party expressly agrees otherwise, it is not veterinary, medical, legal, tax, financial, horticultural, agricultural, wildlife-rehabilitation, engineering, or other professional advice.

PhyTu does not guarantee the identity, qualifications, licensing, insurance, safety, quality, legality, accuracy, availability, performance, result, health, behavior, survival, growth, yield, adoption outcome, fundraising outcome, or conduct of any user or third party.

15. Disclaimers and Limitation of PhyTu Liability

To the maximum extent permitted by law and subject to the PhyTu Terms of Service, PhyTu is not responsible for losses caused by or arising from:

• A user's listing, product, organism, animal, service, activity, campaign, statement, omission, negligence, misconduct, or violation of law;
• Packaging, fulfillment, shipping, carrier handling, pickup, delay, loss, theft, temperature, weather, quarantine, customs, inspection, or delivery conditions not controlled by PhyTu;
• Animal behavior, illness, injury, escape, bite, scratch, zoonotic disease, veterinary cost, incompatibility, or property damage;
• Plant, fungi, seed, or biological variation, dormancy, contamination, toxicity, allergy, pest, disease, germination, survival, growth, bloom, harvest, or yield;
• An in-person service, class, visit, event, venue, tool, vehicle, participant, provider, organizer, or unsafe condition created or controlled by a third party; or
• A campaign organizer's statements, eligibility, tax status, use of funds, failure to complete a project, or inability to provide an expected benefit.

Any limitation or release in this Agreement is intended to be conspicuous and narrowly applied. It does not protect PhyTu from liability for PhyTu's gross negligence, willful misconduct, fraud, violation of law, or any responsibility that cannot lawfully be disclaimed or limited.

16. User Indemnification

To the maximum extent permitted by law, a seller, provider, organizer, rehomer, gifter, campaign creator, or other user responsible for an offer will defend, indemnify, and hold harmless PhyTu and its affiliates, personnel, and service providers from third-party claims, losses, penalties, chargebacks, recalls, taxes, costs, and reasonable legal fees arising from that user's listing, goods, animals, services, activity, campaign, fulfillment, statements, omissions, negligence, misconduct, infringement, or violation of law or this Agreement.

This duty does not require a user to indemnify PhyTu for the portion of a claim caused by PhyTu's gross negligence, willful misconduct, fraud, or violation of law, and it is subject to any limits that applicable law imposes.

17. Enforcement, Suspension, and Cooperation

PhyTu may investigate suspected policy violations, require records or corrective action, cancel or restrict listings, delay or reverse payouts where authorized, warn users, suspend or terminate accounts, preserve evidence, and report conduct to payment processors, insurers, regulators, animal-control or wildlife authorities, law enforcement, or other appropriate entities.

Users must reasonably cooperate with safety, fraud, delivery, claim, recall, legal, tax, or regulatory inquiries and must not alter, destroy, fabricate, or conceal relevant evidence.

18. Nonwaivable Rights, Severability, and Controlling Terms

Nothing in this Agreement waives statutory consumer rights, lawful billing-error rights, required refund rights, or any other right that applicable law does not permit a user to waive.

If a court or other authority finds a provision invalid or unenforceable, that provision will be enforced to the maximum lawful extent or severed, and the remaining provisions will continue in effect.

The governing law, dispute-resolution process, venue, limitation period, and any general cap on PhyTu's liability are stated in the PhyTu Terms of Service and are not replaced by this supplemental Agreement.

19. Acknowledgment

By electronically accepting this Agreement, you confirm that you had an opportunity to read this Agreement, the Terms of Service, the listing, and the linked policies; understand PhyTu's limited marketplace role and the identity of the responsible third party; understand any disclosed final-sale, split-shipment, seasonal-fulfillment, live-goods, animal, service, event, gift, or contribution terms that apply; voluntarily accept the risks and responsibilities described for your role; and agree that your electronic acceptance and related platform records may be used to evidence your agreement.

Contact

info@phytu.com  ·  https://www.phytu.com