Master Terms of Service

 

  1. Introduction

1.1          Welcome to the Platform (“Site”). Please read the following Terms of Service carefully before using this Site (“Account”) so that you understand your legal rights and obligations in relation to Alphie Platform Pte. Ltd. (Singapore UEN 202602403N) and its affiliates (collectively and separately referred to as “Platform”, “we”, or “our” (“Services” that we provide or make available include (a) the Site, (b) the services provided by the Site and by the Platform client software made available through the Site, and (c) all information, associated functions, features, data, short messages, images, photographs, graphics, music, audio, video (including live streaming), text, tags, products (including names, brands and images), content, programs, software. The Application Services (including, but not limited to, any mobile Application Services) or other materials made available through the Site or Site-related services (“Content”), including Content from affiliated companies, and any new features added to or supplementing the Services, are also subject to these Terms of Service. These Terms of Service govern your use of the Services provided by the Platform.

1.2          Services that include an online platform providing a place and opportunity for the sale of goods between buyers (“Buyers”) and sellers (“Sellers”) (collectively referred to as “You,” “User,” or “Licensed”). The actual sales contract is a direct contract between the Buyer and Seller, and the Platform is not a party to that contract or any other contract between the Buyer and Seller, and will not accept any obligations relating to such contract.

The parties to such transactions are responsible for all sales contracts between the parties, product listings, purchase warranties, and similar matters. The Platform is not involved in transactions between users. The Platform does not pre-screen users or the content or information provided by users. The Platform cannot guarantee that users will actually complete transactions.

1.3          Before becoming a member of the site, you must read and accept all terms, policies, and conditions in and linked to these Terms of Service, and you must consent to the processing of your personal data as described in the Privacy Policy (https://aimearn.com/privacy-policy).

1.4          The Platform reserves the right to change, modify, suspend, or discontinue this Site or all or part of the Services at any time. The Platform may release certain Services or features of the Services which may not function correctly or in the same way as the final version might, and we will not be liable in such circumstances. The Platform may also set limits for certain features or restrict access to some or all of the Site or Services at its sole discretion and without liability.

1.5          Platform reserves the right to refuse you access to the Site or services, or to refuse you permission to open an account, for any reason whatsoever.

1.6          By using the Services or opening a Platform account, you give your irrevocable acceptance and consent to this Agreement, including any additional terms, conditions, and policies referenced herein and/or linked herein. If you do not agree with these Terms of Service, please refrain from using the Services or accessing our Site. And if you are under 13 years of age or have not yet reached the legal maturity to consent to these terms under applicable laws in your country (“Maturity”), you must obtain permission from your parents or legal guardian to open an account, and such parents or legal guardians must agree to the terms of this Agreement. If you are unsure whether you are of legal age or do not understand the meaning of this clause, please do not create an account until you have obtained assistance from your parents or legal guardian. If you are the parent or legal guardian of a minor creating an account, you must accept the terms of this agreement on behalf of the minor, and you will be responsible for all use of the account or the Company’s services resulting from the use of that account, whether the account is currently open or created later.

  1. Privacy

2.1          Your privacy is very important to the Platform. To better protect your rights, we have created a Platform Privacy Policy to describe our privacy practices in detail. Please read this Privacy Policy to understand how the Platform collects and uses information related to your account and/or your use of the Services (“User Data”). By using the Services or providing information on the Site, you:

(a) I consent to the Platform collecting, using, disclosing, and/or processing your content, personal information, and user data as described in this Privacy Policy.

(b) I agree and acknowledge that the ownership rights to user data belong jointly to the Platform and to me.

(c) I will not disclose user data to any third party, in whole or in part, or allow any third party to access or use your user data without the Platform’s prior written consent.

2.2          A user who possesses personal data of another user through the use of the Service (“Recipient”) agrees to

(a) comply with all applicable data protection laws relating to such data,

(b) allow the user whose personal data the Recipient has collected (“Disclosure”) to delete the collected data from the Recipient’s database; and

(c) allow the disclosure party to examine what information the recipient party has collected about him/her in each of the cases of clauses (2) and (3) above, in accordance with and when applicable law requires.

  1. Limited License

3.1          The Platform grants a limited and revocable license to access and use the Services in accordance with the terms and conditions of these Terms of Service. All Content, Trademarks, Service Marks, Brand Names, Logos and other proprietary Intellectual Property (“Intellectual Property”) displayed on the Site are the property of the Platform and, where appropriate, are the property of third parties who hold the proprietary rights as specified on the Site. No right or license is granted, directly or indirectly, to any person who accesses the Site to use or reproduce any of the Intellectual Property. No person accessing the Site shall be able to claim any rights, title, or interest in this Site by using or accessing the Services. You agree to comply with all copyright, trademark, service mark, and other applicable laws protecting the Services, the Site, and its content. You agree not to copy, distribute, redistribute, transmit, publicly display, perform publicly, modify, adapt, rent, sell, or create derivative works from any part of the Services, the Site, or its content. You also agree not to mirror or reproduce any part or all of the content on this site on any other server or as part of any other website without our prior written consent. Furthermore, you agree not to use robots, spiders, or any other automated device or manual process to monitor or copy our content without our prior written consent. (Such consent shall be deemed given for the standard search engine technologies used by internet search engines to bring internet users to this website.)

3.2          You may link to the site from your website, provided that your website does not imply endorsement by or association with the Platform. You acknowledge that the Platform may discontinue the service, in whole or in part, at any time, at its sole discretion.

 

  1. Software

The software we provide to you as part of this service is subject to the terms of these Terms of Service. The Platform reserves all rights to software not expressly permitted by the Platform herein.

Third-party scripts or code that link to or are referenced from the service are licensed to you by the third party who owns such scripts or code, not by the Platform.

 

  1. Account and Security

5.1          Account registration can be done by choosing a unique user ID (“User ID”) and a password, and by providing certain personal information. If you choose a User ID that, in the Platform’s sole discretion, is offensive or inappropriate, the Platform reserves the right to suspend or terminate your account. You may use your account to access other products, websites, or services that we permit access to, or that are linked to or work collaboratively with (including, but not limited to, out-of-platform applications). However, the Platform does not review and is not responsible for the content, functionality, security, services, privacy policies, or other practices of third-party products and websites. Or those services. If you do so, the Terms of Service of those products, websites, or services, including the associated Privacy Policy, may differ from our Terms of Service and/or Privacy Policy and apply to your use of those products, websites, or services.

5.2          When you sign up for an account, you agree and understand that:

5.2.1 You can use any products and/or services available on the site or applications provided by and/or operated by the Platform.

5.2.2 The Platform may provide any related services as a means of making certain products and/or services available to users of or provided by the Platform’s affiliates, subsidiaries, or partners, including other products offered by those companies on the Site.

(a) You agree and consent that any purchase or transaction relating to each of the products and/or services referred to in Section 5.2.2 will be subject to the Terms of Service for that product or service, which you have separately agreed and consented to when using or accessing the product. (

(b) You may contact the Platform directly if you have any questions or encounter any problems related to the purchase or transaction of any of the products or services mentioned above in Section 5.2.2.

5.2.3     You may connect directly to and use the products and/or services available in applications outside the Platform that are provided by the Platform’s affiliates and subsidiaries.

(a) Your account may be used to sign in, log in, or access the Platform’s products, applications, websites, and services, as well as the products, websites, and services of the Platform’s affiliates or partners, where such products, websites, and services are subject to the terms and conditions and privacy policies of their respective affiliates or partners, which you agree to and consent to when accessing such products, applications, websites, or services. You may use or access your account, including associated payment methods, transaction records, and other activities, through various interfaces, including but not limited to the Platform’s applications or websites, or through other products, applications, websites, or services.

(b) You can register to create a Platform account by registering this account.

5.2.4 In the event that you use an Out of Platform Application as referred to in paragraph 5.2.3 above, your use of such products and/or services will be subject to the Terms of Service of the Platform’s affiliated or subsidiary companies.

5.3          You agree to:

(a) keep your password confidential and use only your User ID and password when logging in;

(b) ensure that you log out of your account at the end of each session on the site;

(c) immediately notify the Platform if your User ID and/or password are used without authorization; and

(d) ensure that your account information is always accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and account, even if you did not perform such activities or uses. The Platform will not be liable for any loss or damage resulting from the unauthorized use of your password or your failure to comply with this section.

5.4          You agree that, in its sole discretion, the Platform may, for any reason, immediately terminate or suspend your account and user ID, modify, restrict, suspend, or terminate your use or access to the Site or any part thereof, remove or revoke any content associated with your account or user ID from the Site, terminate or revoke any support provided to you, and/or terminate or suspend any transactions associated with your account or user ID, temporarily, or, in a more serious case, permanently suspend any sales or refunds, and/or take any other measure that the Platform deems appropriate, by giving due notice within a reasonable period as required by applicable law, except in cases of serious misconduct or repeated misconduct in which no notice is required. The grounds for such action may include, but are not limited to, where there is a case or suspicion that the following has occurred:

(a) prolonged inactivity as defined by the Platform from time to time;

(b) breach of any express intent or contract as set forth in any of the Platform’s policy articles appearing on the Site (including, but not limited to, Penalty Scores (Penalty points)

(c) Illegal, fraudulent, abusive, defamatory, threatening, or intimidating behavior;

(d) Having multiple user accounts for unlawful purposes;

(e) Purchasing goods from the site with the intention of reselling;

(f) Purchasing goods from the same seller or group of sellers in an unusual manner or in excessive quantities;

(g) Misuse of any discount voucher or promotion (including, but not limited to, reselling discount vouchers);

(h) Failure to pay any outstanding payments or fulfill any obligations required to the Platform or its affiliated companies in a timely manner (as per applicable law);

(i) Creating, using, or using unauthorized third-party software or products in conjunction with or in conjunction with any functions available on the Platform;

(j) Failure to pay any applicable taxes, including withholding taxes (if any), or failure to submit true and accurate documents as required by applicable law or regulation, including supporting documents (as defined below);

(k) Behavior that is detrimental to other users, third parties, or the Platform’s business interests;

(l) Violating the spirit or express agreement as set forth in other Platform policy articles available on the Site (including, but not limited to, the Conduct Score Policy). Furthermore, the use of the account for illegal, fraudulent, abusive, defamatory, threatening, or threatening purposes may result in notification to law enforcement agencies without notice to you. In the event of a legal dispute or litigation concerning your account or use of the Services, For whatever reason, the Platform may terminate your account immediately by notifying you through the site, and the Platform shall not be liable to you or any third party.

5.5          Users may cancel their accounts if they notify the Platform in writing (via a channel accessible through Customer Service) of their intention to do so. Regardless of such cancellation, the User remains responsible and liable for any unfinished transactions (whether initiated before or after such cancellation), product deliveries, product payments, or similar matters, and the User must contact the Platform after having completed all unfinished transactions promptly and efficiently in accordance with these Terms of Service. The Platform shall not be liable and will not be liable for any damages arising out of actions taken under this section. The User waives all rights and claims on the basis of such actions by the Platform.

5.6          You may use the Services and/or open an account only if you reside in a country permitted by us, which will be updated from time to time.

5.7          If you are a seller, you may create sub-accounts (“Sub-Accounts”) on the Platform for sub-accounts provided by the Platform (“Sub-Account Platform”) connected to your account. You acknowledge and agree that:

(a) the Sub-Account service is provided to enable you, as a seller, to better manage your account, and you shall not use the Sub-Accounts for any other purpose (including, but not limited to);

(b) Sub-accounts are not considered “Accounts” within the meaning of these Terms of Service. However, this Agreement in Section 5 shall apply mutatis mutandis to sub-accounts by referring to “Accounts” to include “Sub-accounts”.

(c) You may set up sub-accounts to have access to your account and assign them the same rights as your account (as part of the account), and you expressly acknowledge and agree that:

(i) You are solely responsible for creating and setting up sub-accounts;

(ii) Any third party to whom you grant access to your sub-account will be able to access and manage your account;

(iii) Any actions performed through a sub-account are deemed to be performed through your account;

(iv) You are responsible for any actions performed by your sub-account.

(d) In its sole discretion, the Platform reserves the right to modify or terminate the Sub-Account Platform service, including closing any sub-accounts, at any time.

 

  1. Terms of Use

6.1          This site and service license is effective until termination. This license will be terminated as provided in these Terms of Service or when you fail to comply with any of the terms or conditions of these Terms of Service. In such event, no notification is required to the Platform for such termination to take effect.

6.2          You agree not to:

6.2.1     Upload, post, forward, or display content that is illegal, harmful, threatening, harassing, offensive, alarming, distressing, deceptive, defamatory, obscene, libelous, politically sensitive, intrusive, offensive, racist or ethnically discriminatory, or any other inappropriate in any way, including content that violates the terms of the Platform Community Guidelines or any other guidelines issued from time to time.

6.2.2 Violate any law, including but not limited to any laws and regulations relating to export and import restrictions, third-party rights, or our Prohibited and Restricted Items Policy.

6.2.3 Upload, post, forward, or engage in any content that involves the use of unsupervised minors or use the Service to harm minors in any way.

6.2.4 Use the Service or upload content to impersonate another person or entity. or displaying false information regarding any connection to any individual or entity.

6.2.5 Forging headers or altering identifiers to conceal the source of content transmitted through the Service.

6.2.6 Removing proprietary notices from the Site.

6.2.7 Causing, allowing, or authorizing the modification, creation of derivative works, or translation of the Service without the express permission of the Platform.

6.2.8 Using the Service for the benefit of third parties or in a manner not permitted under the License granted herein.

6.2.9 Using the service or uploading content in an inappropriate, fraudulent, unethical, untrue, misleading, or deceptive manner.

6.2.10 Opening or having multiple user accounts to perform any actions that violate the terms or purposes of these Terms of Service.

6.2.11 Accessing the Platform, opening a user account, or accessing your user account using unofficial Platform hardware, software, or programs, including but not limited to emulators, simulators, bots, or any other similar software or hardware.

6.2.12 Modifying the price of products or interfering with other users’ product listings.

6.2.13 Performing any actions that may undermine the review or rating system.

6.2.14 Attempting to disassemble, reverse engineer, deconstruct, or hack the Service (or any part thereof) or overcome or destroy the encryption technologies or security measures implemented by the Platform for the Service. and/or information transmitted, processed, or stored by the Platform.

6.2.15 Harvest or collect information about other account holders, including, but not limited to, any personal information.

6.2.16 Upload, email, post, forward, or make available content that you are not authorized to make available under the law or under a contractual relationship or authorization (e.g., inside information, proprietary information, and confidential information obtained or disclosed in the course of an employment relationship or under a non-disclosure agreement).

6.2.17 Upload, email, post, forward, or make available content that infringes on another person’s patents, trademarks, trade secrets, copyrights, or other proprietary information.

6.2.18 Upload, email, post, forward, or make available unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unauthorized form of solicitation.

6.2.19 Uploading, emailing, posting, forwarding, or making available any other material containing software viruses, worms, Trojan horses, or computer code, routines, files, or programs designed to directly or indirectly interfere with, modify, disrupt, destroy, or limit the functionality of any computer software or hardware, or data or telecommunications equipment.

6.2.20 Disrupting the normal flow of conversation, causing the screen to “scroll” faster than other users can type, or acting in a manner that negatively affects the ability of other users to participate in real-time exchanges.

6.2.21 Interfering with, modifying, or disrupting the Service or servers or networks connected to the Service or the use of the Service by other users and their enjoyment of the Service, or violating the terms, processes, policies, or regulations of the network connected to the Site.

6.2.22 Performing or participating in any action that may directly or indirectly damage, disable, burden, or render the Service or servers or networks connected to the Service defective.

6.2.23 Using the Service for intentional or unintentional violation of any applicable local, state, national, or international law, regulation, code, order, guideline, policy, or regulation, including but not limited to: (Regardless of whether or not there is legal authority) relating to anti-money laundering or counter-terrorism.

6.2.24 Use the service to violate or circumvent sanctions or trade prohibitions imposed or enforced by the U.S. Department of Treasury’s Bureau of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, or the UK Treasury or other sanctions-related agencies (collectively referred to as “Sanctions”).

6.2.25 Use the service to violate the privacy of others, or to “stalk” or harass others.

6.2.26 Infringe upon the rights of the Platform, including intellectual property rights and misrepresentations in that regard.

6.2.27 Use the service to collect or store personal information about other users in relation to the prohibited acts and activities listed above.

6.2.28 List items that infringe on the copyright, trademark, or intellectual property rights of third parties, or use the service in a manner that would infringe on the intellectual property rights of others, and/or

6.2.29 Instruct or encourage users to conduct transactions outside the Site.

6.3          You understand that all content, whether publicly posted or privately forwarded, is the sole responsibility of the originator of such content. This means that you (not the Platform) are solely responsible for all content you upload, post, email, forward, or make available on the Site. The Platform has no control over the content posted on the Site, and therefore the Platform does not guarantee the accuracy, completeness, or quality of such content. You understand that in using the Site you may encounter content that may be considered offensive, obscene, or offensive to the maximum extent permitted by applicable law. In no event shall the Platform be liable in any way for any content, including but not limited to errors or omissions in the content, or for any loss or damage of any kind resulting from the use of or reliance on any content posted, emailed, forwarded, or made available on the Site.

6.4          You acknowledge that the Platform may or may not pre-screen content, but the Platform and its appointees have the right (but not the obligation) in their sole discretion to pre-screen, reject, remove, or move any content available on the Site without any liability to you. Without limiting the foregoing, the Platform and its appointees have the right to remove (1) content that violates the Terms of Service. or the Platform’s prohibited and restricted items policy, including any of the Platform’s terms, conditions and policies; (2) if we receive a complaint from another user; (3) if we are notified or accused of intellectual property infringement or a legal order or removal request; or (4) if such content is inappropriate or offensive. We may also block the transmission of communications (including but not limited to status updates, posts, messages and/or conversations) to or from the Service as part of our efforts to protect the Service or our users or to enforce the provisions of these Terms and Conditions. You agree that you must assess and bear all risks associated with the use of content, including but not limited to reliance on the accuracy, completeness or usefulness of such content. In this regard, you acknowledge that you do not, and to the maximum extent permitted by applicable law, rely on content created by the Platform or submitted to the Platform, including but not limited to information on the Platform’s discussion boards and in all other parts of the Site.

6.5          You acknowledge, agree and consent that the Platform may collect, use and/or process data relating to product performance for the purpose of limiting product listings and improving the Platform’s Service and user experience (including combining vendor performance data with product performance data). (To the extent applicable)

6.6          You acknowledge, consent, and agree that the Platform may access, retain, and disclose your account information and your content to state law enforcement agencies or relevant rights holders or other third parties where required by law, or pursuant to a court order or by a state or law enforcement agency with jurisdiction over the Platform, or in good faith belief that such disclosure is necessary.

Access to maintain or disclose such information is reasonably necessary to:

(a) comply with legal procedure;

(b) enforce these Terms of Service or the Platform’s Prohibited and Restricted Items Policy, including any other terms, conditions, and policies of the Platform;

(c) respond to claims that any content infringes on the rights of third parties, including intellectual property rights;

(d) respond to your customer service requests; and

(e) protect the rights, property, or personal safety of the Platform, its users, and/or the general public.

 

  1. Breach of Our Terms of Service

7.1          A breach of these Terms of Service, including any other terms, conditions, and policies of the Platform, may result in several actions, including but not limited to, one or all of the following:

7.1.1 Account deletion;

7.1.2 Limitation of account privileges;

7.1.3 Account suspension and subsequent termination;

7.1.4 Criminal prosecution;

7.1.5 Civil prosecution, including but not limited to claims for damages and/or interim measures. Prior to a court judgment or injunction.

7.2          If you believe that a user on our site has violated these Terms of Service, please contact Customer Service.

  1. Reporting Intellectual Property Infringement

8.1          As stated above, the Platform does not permit the listing of products that infringe upon the intellectual property rights of any Brand or other Intellectual Property Owner (“IPR Owner”).

8.2          Except where expressly otherwise stated, Users are independent individuals or businesses and are not affiliated with the Platform in any way. The Platform is not an agent or representative of the User and does not possess and/or own any of the products listed on the Site.

8.3          If you are an IPR Owner or a duly authorized representative of an IPR Owner (“IPR Agent”) and you believe that your rights or your principal’s rights have been infringed, please notify us by submitting a claim through Customer Service and providing us with the documents to support your claim. Please allow us time to process the information submitted to us, and the Platform will respond to your complaint as quickly as possible.

8.4          Claims under Section 8 must be submitted in accordance with the form prescribed by the Platform, which may be updated from time to time. At a minimum, the following must be included: (1) The actual signature or electronic signature of the IPR owner or IPR representative (collectively referred to as the “Information Provider”), (2) A description of the type and nature of the alleged infringed intellectual property rights and evidence of those rights, (3) A description of the alleged infringement with sufficient detail to enable the Platform to assess the complaint, (4) The URL of the alleged infringing listing, (5) Sufficient information to enable the Platform to contact the Information Provider, such as a postal address, telephone number, and email address, (6) A statement from the Information Provider that this complaint is filed in good faith and that the use of the intellectual property identified by the Information Provider is not permitted by the IPR owner or as required by law, and (7) A statement from the Information Provider that the information in this notice is accurate. The Information Provider shall be liable for any damages that we may suffer as a result of the information provided by the Information Provider. Furthermore, the Information Provider warrants that it has the appropriate rights or is authorized to act on behalf of the IPR owner in all matters relating to such complaint.

8.5          The Platform acknowledges that, under applicable law, a brand or product manufacturer may have the right to enter into exclusive distribution contracts or contracts that set minimum selling prices for its products or those of third parties. However, breaches of such contracts do not constitute infringement of intellectual property rights.

8.6          Without limiting the indemnification under Clause 25, each and every seller agrees to indemnify and hold the Platform, as well as its affiliates and group companies, liable for any claims, actions, damages, and decisions arising from or related to (1) any intellectual property claims, complaints, or infringement related to the Content or Product Listings, and/or (2) the removal of any Content or Product Listings arising from any intellectual property claim, complaint, or infringement.

 

  1. Ordering and Payment

9.1          You can add and manage payment methods in your account. You may have more than one payment method, including the following:

9.1.1 Card payments, such as credit cards, debit cards, and prepaid cards.

9.1.2 Cash on Delivery (COD). The Platform may provide cash on delivery service for services in certain circumstances. Buyers may pay cash directly to the shipping agent at the time of receiving the ordered goods.

9.1.3 QR Alternative Payment Method Transfer: Buyers can pay by transferring money via QR Alternative Payment Method Transfer. The system will display a QR code image that the buyer can save and scan to pay in the buyer’s banking application.

9.1.4 Electronic Fund Transfer: Buyers can make payments by conducting electronic fund transfer transactions through a supported banking application. Buyers must register to use the financial services.

9.1.5     Electronic Wallet (E-Wallet) Purchasers can make payments via electronic wallets (E-Wallets) from E-wallet providers collaborating with the Platform. This is subject to the terms, conditions, and service policies set by the relevant E-wallet provider. By registering or activating an E-wallet account and using the Platform’s services, you are deemed to have accepted the terms, conditions, and service policies set by the relevant E-wallet provider, and you consent to the Platform transferring your personal data held by the Platform to the relevant E-wallet provider for the purpose of activating or registering an E-wallet account, managing, operating, administering, and providing other E-wallet services to you, as well as for any other purposes related to and connected with such services.

9.2          Card payments will be processed through third-party payment channels, and the types of credit cards supported by the aforementioned payment channels may vary depending on your location.

9.3          The availability of the payment methods listed above, or the compatibility of each payment method with the Platform, may depend on your payment method and other factors, which may change at any time.

9.4          You can add payment methods to your account through the Platform’s application or website, or the application or website of the relevant payment method provider.

9.5          When you add a payment method to your account, the Platform may store information related to that payment method, such as your name, username, phone number, and billing or shipping address. The Platform reserves the right to modify, suspend, cancel, and/or impose any terms and conditions, including but not limited to setting a minimum spending amount, for each payment method.

9.6          If your account is linked to a saved payment method, you may use all saved payment methods.

9.7          You authorize us to verify with the payment method provider that your associated payment method is in good standing, including but not limited to submitting payment authorization requests and/or requesting low-value credit/debit transactions, subject to network rules or other terms and conditions related to that payment method.

9.8          You agree that the Platform is intended for your personal use and your own payment method.

9.9          Except where the Platform or its affiliates are payment issuers, neither the Platform nor its affiliates are parties to the Cardholder Agreement, Privacy Policy, or other Terms of Use of your payment method. Nothing in these Terms of Service amends the Terms of Service of the Payment Service Provider in the event of any inconsistency between these Terms of Service and the Terms or Privacy Policy of the Payment Service Provider. These Terms of Service will cover the relationship between you and the Platform, while the Payment Service Provider’s terms will cover the relationship between you and those Payment Service Providers. Furthermore, the Platform does not warrant or guarantee that any of your payment methods are in normal operation, or that the Payment Service Provider for the payment method you choose will allow or approve any transactions with merchants arising from the use of the Platform’s services.

9.10       Except where the Platform or its affiliates are the payment issuer, neither the Platform nor its affiliates are involved in the granting of credit or the determination of credit eligibility, and do not control the availability or accuracy of payment methods or credit limits, the provision (or additional services) of various payment methods to the Platform, or the addition of funds to the balance of related payment methods. If you have any problems related to the above, please contact your payment service provider.

9.11       Buyers can only change their preferred payment method before making a payment.

9.12       The Platform is not liable and will not accept any liability for any loss or damage to the Buyer arising from the shipping and/or payment information entered by the Buyer. Or if the buyer transfers incorrect payment for purchased goods, we reserve the right to verify that the buyer is properly authorized to use certain payment methods and may suspend the transaction until such authorization is confirmed or cancel the related transaction if such confirmation is not received.

9.13       In cases where the Platform can only make payments to users via bank transfer, the user must provide the Platform with their bank account information to receive payments, i.e., from the sale of goods or refunds from the Platform.

  1. Commission Fees

10.1       Commission Fees calculation is part of the Platform’s service to display the direct  and indirect commission that a Distributor or an Affiliate is entitled to receive from payment for goods under the terms and conditions set forth in these Terms of Service and any Platform policies, which may include refunds from Shipping costs or any refunds (if any).

10.2       To protect buyers and mitigate liability risk, the Platform will hold the payment made by the buyer in a separate account from the Company’s funds or the funds of its authorized Partners. The Distributor or an Affiliate will not be entitled to any other benefits or returns from the amount paid by the Buyer into such account. The funds held in such account will be shown as a balance in the Commission Fees within 1 (one) day after the expiration of the following periods (“Payment Receipt Period”):

10.2.1 When the Buyer confirms to the Platform that they have received the ordered goods, or 3 (three) days from the date the goods were delivered to the buyer, whichever occurs first, unless the Platform, in its sole discretion, extends such period for appropriateness or necessity under the conditions set by the Platform, by giving the seller reasonable prior notice; or

10.2.2 When the Platform has completed its review of the buyer’s request for a return and/or refund and has rejected such request; or

10.2.3 Any other time that the Platform reasonably considers that the transfer of the payment is appropriate. Including, but not limited to, cases where the Platform deems it necessary to comply with applicable laws or court orders, or to enforce these Terms of Service.

10.3 The remaining balance shown in the Commission Fees will be the remaining balance after deducting any service fees and/or other charges, or after refunding any discounts and/or other refunds related to the use of the Platform’s services by the Platform or its authorized Partners, as specified in the Terms of Service and any policies of the Platform, or as agreed upon or acknowledged by the seller through this Platform.

10.4       To avoid any doubt, in some cases, the remaining balance in the Commission Fees may be displayed as negative.

10.5       Commission Fees is not an electronic wallet (E-Wallet) service for sellers. Sellers cannot use Commission Fees as a payment method for goods and/or services, or perform any other actions regarding the remaining balance displayed in Commission Fees other than withdrawals under the terms and conditions set forth in Clause 11 of these Terms of Service.

10.6       In the event that your account is canceled, revoked, or suspended in accordance with these Terms of Service, or in the event that your account is inactive (for a period that the Platform may determine from time to time), we have the right to charge a fee. The amount and timing of such fees will be determined by the Platform from time to time.

 

  1. Balance Adjustment

11.1       If any transaction error occurs, you authorize us to correct the error by debiting (debiting) or crediting (crediting) your designated bank account. This correction must be in accordance with applicable laws and regulations. If we are unable to debit your bank account for any reason, you authorize us to debit, including any fees, from your bank account or other payment instrument you have notified us of, or to debit, including any fees, from your Commision Fees in the future.

11.2       You consent to us debiting funds from Commission Fees in the following cases:

11.4.1 To correct any errors in any transaction.

11.4.2 When the Platform deems that you have committed fraudulent or suspicious acts or transactions.

11.4.3 When the Platform considers it necessary to revoke any support and/or benefits you received, in accordance with these Terms of Service.

11.4.4 Cases related to loss, damage, or any errors to the goods.

11.4.5 Cases related to the cost of the goods, shipping costs, taxes, or any other expenses.

11.4.6 Cases related to refunding the cost of goods to a buyer who has requested a return and/or refund after the cost of the goods has been shown as the remaining balance in the Commission Fee, as per Clause 10.1.

11.4.7 Cases related to awarding rewards or rebates.

11.4.8 Cases related to fees that were not charged. Or you have outstanding fees or other charges to us, or in cases where we have been unable to collect such fees or charges through other channels.

11.4.9 Cases relating to the compromise of any transactional disputes, including compensation.

11.4.10 Cases relating to damages and/or settlement agreements, whether in or out of court, criminal fines, administrative fines, penalties, costs and/or expenses incurred by the Platform as a result of the seller’s fault and/or the seller’s breach, including breaches of any agreements under these Terms of Service (including any policies or guidelines referred to in these Terms of Service) and/or any laws and regulations.

11.4.11 Cases relating to suspended listings or goods detained by customs.

11.4.12 Cases relating to changes to agreements already reached between the buyer and seller.

11.4.13 Cases relating to offsetting outstanding payments or any duties that must be performed towards the Platform or its affiliated companies. Under applicable law:

11.4.14 Cases relating to the purchase of advertising credits under automatic advertising credit top-up; and

11.4.15 Any other cases as we deem appropriate.

 

  1. Platform Guarantee

12.1       Platform Guarantee is a service provided by the Platform to protect buyers who purchase goods on the Platform and have paid only through the channels provided by the Platform. Direct offline payment transactions between buyers and sellers are not covered under the Platform Guarantee.

12.2       Buyers who have paid through the channels provided by the Platform have the right to request a return of purchased goods and/or a refund within the period specified by the Platform (“Platform Guarantee Period”). For more information about the Platform Guarantee Period.

12.3       Sellers/buyers must be the beneficiaries of the account and conduct transactions on the Site in their own name only. The Platform may request personal information from sellers or buyers, such as copies of identification cards, bank account details, and/or any other necessary documents for verification purposes, including verification required by payment processing providers and other delivery service providers. The seller/buyer agrees to allow the Platform to use or provide to third parties the seller/buyer’s personal information to facilitate the seller/buyer’s use of the site. In addition, the seller/buyer authorizes the Platform to use the seller/buyer’s personal information to conduct inquiries that we deem necessary to verify the accuracy of the seller/buyer’s identity with the appropriate authorities, such as the seller/buyer’s bank. For more details on how the Platform processes your personal information, please see the Privacy Policy page.

12.4       Platform Guarantee is an additional service separate from the obligations between the buyer and seller under applicable law. In those obligations, the buyer and seller may have rights and obligations between them beyond those set out in the Platform Guarantee, and the Platform Guarantee is not intended or designed to assist the buyer or seller in complying with their own legal obligations. Each party to the contract remains solely responsible, and the Platform will not be liable for such cases without limitation. The Platform Guarantee is not considered a product guarantee.

12.5       The buyer and seller acknowledge and agree that the Platform’s decision (including appeals) regarding or relating to any issue related to the Platform Guarantee is final.

12.6       In the event of a pre-sale or pre-order event conducted by the seller, the platform is indemnified of all liabilities and risk associated with such an event.

(a) A seller must deliver with a proof of delivery of any pre-sale or pre-order goods and services to the buyer within 365 days from the date of order based on a successful payment transaction.

(i) A seller is fully responsible in ensuring full disclosure and representation is made to a buyer prior to a pre-sale or pre-order event.

(ii) If a seller is unable to fulfill an order after 365 days, the Platform reserves the right to cancel the Order and recover all monies from the seller to refund back to the buyer.

(b) A distributor or affiliate is also subject to full disclosure and representation to a buyer prior to a pre-sale or pre-order event, or as required by the Applicable Law in Clause 28. The Platform reserves all rights to recover Commission Fees and make Balance Adjustments to paid out as described in Clause 10 and 11 respectively.

(c) A buyer is fully aware of the risks associated with a pre-sale and pre-order event and by making a payment, a buyer is subject to all Terms of Service.

(e) From time to time, a complementary physical item (“Free Gift”), may be added together with a pre-sale item and collectively constitute a pre-order transaction. The Free Gift must be returned in its original packaging when a refund is initiated by the buyer. Otherwise, a seller may reject a return and decline a full refund as described in Clause 14.

(d) In the event of a dispute, the Platform reserves the rights to make the final decision in the eventual refund amount in good faith, net of any third-party fees, or a fraudulent conduct is confirmed upon investigation as described in Clause 25.

12.6       To avoid any doubt, any transaction not conducted through the site is not covered by the Platform Guarantee.

 

  1. Delivery

13.1       In cases where the seller informs the Platform that they will handle the delivery of the goods, the seller is responsible for delivering the goods according to the information received from the buyer. The Platform will notify the seller once it has received payment from the buyer so that the seller can proceed with the delivery. The seller must make every effort to ensure that the buyer receives the purchased goods within the Platform Guarantee period or the period specified by the seller (for offline payments) in the seller’s product listing. The seller is responsible for the shipping costs to the carrier (which the seller may subsequently charge the buyer), and bears all risks associated with the delivery of the purchased goods.

13.2       The Platform provides a separate online platform service that allows users to contract with third parties who provide parcel delivery services. (“Driver Partner”) for the provision of parcel delivery services for goods ordered from sellers through the site and other related services, under the following conditions:

13.2.1 The hiring of such Driver Partner (a) is subject to a separate contract between the User and the relevant Driver Partner (and the Platform has no liability whatsoever in relation to such hiring), (b) the User shall be responsible for all related costs and fees, and (c) is subject to the Terms of Service, as well as any other conditions (including conditions regarding parcels that cannot be delivered by the Driver Partner), which the Platform may notify from time to time.

13.2.2 The Seller acknowledges and agrees that, in the event that the Buyer chooses to hire a Driver Partner to deliver the goods ordered from the Seller, the Seller must ensure that such goods are available for pickup by the Driver Partner within the specified timeframe and under the measures specified, and any other measures that the Platform may notify from time to time. In the event that the Seller fails to comply with such requirements, the Platform may take action, or take any measures, at its sole discretion.

This includes, but is not limited to, charging additional shipping fees from the seller, canceling related orders, issuing warning letters, and/or suspending and/or terminating the seller’s account.

13.3       The Platform is not involved and is not liable to the buyer, seller, and/or any other person for any fault, damage, or loss arising from or related to the seller’s handling of goods delivery, including goods delivered by the seller themselves or delivered through any other channel not connected through the site.

13.4       For international transactions, users understand and agree that if a listed product is identified as being shipped from abroad, such product is sold by a seller located outside Thailand, and the import and export of such product will be subject to the local laws and regulations of that country. Users should understand all import and export restrictions applicable to the specified destination country. Users acknowledge that the Platform cannot provide any legal advice or guidance on this matter and agree that the Platform is not liable for any risks or damages. All matters relating to the import and export of the aforementioned goods to Singapore.

 

  1. Cancellation, Return and Refund

14.1 Buyers can only cancel orders before the seller delivers the package to the carrier.

14.2 Buyers may request a return of purchased goods and a refund before the Platform Guarantee expiration date, if appropriate, in accordance with the Platform’s refund and return policy. Please see the Platform’s refund and return policy for more details.

14.3 The Platform reserves the right to cancel transactions on the site, and the buyer agrees that the only remedy to the buyer is a refund of the cost of the goods paid.

14.4 In the event of cancellation, return and refund, you agree to allow the Platform or its authorized agent to refund the buyer the cost of the goods or any other fees through the original payment method.

 

  1. Seller’s Responsibilities

15.1       Sellers should properly manage and verify that relevant information, such as price, product details, inventory levels, terms and conditions of sale, is updated in the seller’s product listing account and not post inaccurate or misleading information.

15.2       The price of goods to be sold is determined by the seller at the seller’s own discretion. The total amount to be charged to the buyer will include the price of the goods and shipping costs. And other expenses such as sales tax, value-added tax, customs duties, etc., and the seller will not charge the buyer additionally and separately such fees.

Furthermore, the seller agrees that the Platform has the right (but no obligation) to conduct promotional activities to stimulate transactions between buyers and sellers and other transactions on the site, including but not limited to discounts, discounts, or refunds of fees, or by other methods from time to time at the Platform’s discretion. The Platform may charge all or part of the costs of conducting promotional activities or participation fees from the seller. The Platform will inform the seller of the rules and conditions for such promotional activities. If the seller does not wish to participate in such activities, the seller is required to notify the Platform in writing of the cancellation of participation in the promotional activity within the trial period of participation in the promotional activity or within the period specified by the Platform (whichever is applicable). Otherwise, it will be deemed that the seller agrees to comply with the rules, conditions, and methods for the related promotional activity, including payment of costs or fees for participation in the promotional activity (if any).

15.3       For the purpose of promoting the products listed by the seller, the Platform may post such listings (at adjusted prices) on third-party websites (such as portal sites and price comparison sites), as well as other websites. (Domestic or international) conducted by the Platform.

15.4       The seller must issue a receipt, credit card slip, or tax invoice to the buyer upon request.

15.5       The seller acknowledges and agrees that the buyer will be responsible for all taxes, customs duties, and duties on the goods sold, and the Platform cannot provide legal or tax advice on this matter, as tax laws and regulations may change from time to time. Therefore, it is recommended that if in doubt, the seller should seek professional advice.

15.6       The seller acknowledges and agrees that if the seller violates any policy of the Platform, it will result in the actions specified in Section 7.1.

 

  1. Supplementary Services Provided by the Platform

16.1       The Platform provides search ads (Search Ads) and/or other advertising services, including display ads (“Display Ads”) and boost ads (“Boost Ads”) (hereinafter referred to as “Paid Advertising Services”) via the Platform on an ongoing basis, and the Platform may offer Paid Advertising Services as packages with other marketing tools (e.g., product discount coupons, store discount coupons). and advertising credits, etc.) for any marketing campaign organized by the Platform from time to time (“Campaign Package”), vendors can purchase and track the status of orders for Paid Advertising services and/or Campaign Packages.

16.2       The Platform will provide Paid Advertising and Campaign Packages under these Terms of Service and any other descriptive materials displayed on this site, the Paid Advertising Site, and the Marketing Tools Site.

(Marketing Tools Site) or any other written notice to the seller (hereinafter collectively referred to as the “Terms of Service”). Sellers who have purchased Paid Advertising Services and/or Campaign Packages agree to be bound by the Terms of Service. If you do not agree to be bound by these Terms of Service, please do not purchase Paid Advertising Services or Campaign Packages.

16.3       To purchase Paid Advertising Services and/or Campaign Packages, you must be a seller who is legally permitted to purchase such services under the Terms of Service, and at the time you purchase and pay for Paid Advertising Services and/or Campaign Packages, your account must not be suspended.

16.4       You can order Display Ads services through the Seller Centre by setting your desired ad dates and budget, and the Platform will make every commercially viable effort to fulfill your Display Ads order, but we do not guarantee that the seller-set dates and/or  the viewership targets set by the seller will be fully met. Without a doubt, the Platform reserves the right to refuse to provide your ordered Display Ads services (in whole or in part) at our sole discretion. The Platform reserves the right to change service fees with or without prior notice to the seller. Furthermore, the Platform reserves the right to modify or cancel your Display Ads order. After we have provided the Display Ads service, the Platform will charge the seller based on the actual number of views received, and the seller must pay the amount charged according to the terms and conditions specified in the invoice. The billing information provided by the seller will be used for invoices and tax invoices issued for the Display Ads service. The seller is responsible for providing accurate information before submitting any Display Ads service order. If there are errors in the billing information you provide that may result in incorrect information being entered into the invoice and tax invoice, it will be the seller’s responsibility. The Platform reserves the right to refuse requests for invoice modifications due to incorrect information provided by the seller.

16.5       You can purchase Search Ads, Boost Ads, and Discovery Ads services by purchasing advertising credits from the Paid Advertising service website or any other site (“Advertising Credits”), and the fees for Search Ads and Discovery Ads services will be deducted from your Advertising Credits based on the number of ad clicks as determined by the Platform. All Advertising Credits are subject to Goods and Services Tax or Value Added Tax (GST/VAT).

16.6       If you purchase advertising services by buying Ads Credit Packages, the total amount of advertising credits purchased will have a validity period specified for each package and as displayed on the Checkout page. If you purchase advertising services using an Ads Credit Voucher discount, the amount of advertising credits purchased using the Ads Credit Voucher discount will have a validity period specified as displayed on the Checkout page.

16.7       You can purchase Campaign Packages on the website when Campaign Packages are offered periodically as determined solely by the Platform. You can choose the payment method provided by the Platform on the website.

16.8       Unless otherwise provided in the applicable Terms of Service, you cannot cancel an order and/or request a refund for advertising services or Campaign Package services after you have completed the payment. The Platform will issue an electronic invoice for the purchased advertising services and/or Campaign Package services on a monthly basis. The invoice will specify the name and address you provided, the amount of advertising credits and/or Campaign Package purchased, and the remaining balance of advertising credits as of the invoice date (if any). The Platform may also provide you with advertising credits as a promotional offer free of charge.

16.9       In addition to the guidelines in Clause 6, products listed on the site must be appropriate and comply with all applicable laws, terms of service, these Terms of Service, the prohibited and restricted items policy, and all related rules, regulations, conditions, and policies. You understand and agree that the Platform has the right to take any action under Clause 7.1 (including removing product listings) immediately if the content is inappropriate and violates such terms and conditions, and that any advertising service fees or Campaign Package fees you have paid, or any advertising credits you have used on products removed under Clause 16.10, are non-refundable under any circumstances.

16.10   You understand and agree that the Platform does not warrant or guarantee that the number of visitors or sales of your products will increase in any way as a result of such advertising services or Campaign Package services.

16.11   You should only purchase advertising services and/or Campaign Packages after you have considered your advertising budget and objectives. Unless otherwise stated in these Terms of Service or the terms of service, the Platform will not be liable for any compensation or liability. (including, but not limited to, actual costs and lost profits) for the results or intended results of the advertising service or campaign package.

16.12   Regardless of what these Terms of Service state, if the Platform is found by a competent court to be liable (including for gross negligence) in relation to any advertising service and/or campaign package, in this regard, to the extent permitted by law, the Platform’s liability to you or any third party will be limited only to the amount of the advertising service and/or campaign package fees that you have paid.

16.13   The Platform may provide other supplementary services on the Platform. You agree and acknowledge that in using such supplementary services, you must strictly comply with the terms and conditions relating to those supplementary services.

 

  1. Fees

17.1       The Platform charges service fees from sellers according to the type of service fee, which is in accordance with the terms and conditions set forth in the Fee Policy under the Platform’s policy.

17.1.1  Sales Fee The Platform charges a sales transaction fee from sellers when a buyer successfully completes any purchase transaction. The seller agrees to allow the Platform to deduct such fee from the payment for the goods from the buyer that the Platform will transfer to the seller (“Sales Fee”). Details regarding the collection of the sales fee, the sales fee rate, the calculation method and related conditions will be in accordance with the terms and conditions set forth in the Fee Policy. Fee policy, which may be changed from time to time as deemed appropriate by the Platform and will be notified to sellers/users through the Platform.

17.1.2 Transaction fees, including but not limited to:

(a) Credit or debit card transaction fees and credit card installment transaction fees.

(b) Credit or debit card transaction fees will be collected when the buyer pays for the goods via credit or debit card, whether in full or in installments. The Platform will collect the credit card fee by deducting it from the buyer’s payment that the Platform will transfer to the seller (hereinafter referred to as “credit or debit card transaction fee” or “credit card installment transaction fee,” as applicable). The seller will be solely responsible for this fee.

(c) Credit or debit card transaction fees and credit card installment transaction fees will be determined by the Platform. Details regarding the collection of credit or debit card transaction fees, fee rates, calculation methods and related conditions are subject to the terms and conditions set forth in the Fee Policy. These terms and conditions may be changed or modified from time to time as deemed appropriate by the Platform and will be notified to sellers/users through the Platform.

(d) Sellers may add credit or debit card transaction fees or installment credit card transaction fees to the price of the goods sold. In such cases, the seller agrees not to charge any other fees related to the use of credit or debit cards from the buyer. The Platform reserves the right to suspend or terminate the seller’s account service if the seller violates these terms and conditions.

17.1.3 Other types of transaction fees as defined in the Fee Policy under the Platform’s policy.

17.2       When fees are charged, such fees may include GST/VAT and other relevant taxes. The seller will be responsible for those taxes unless otherwise agreed. The seller acknowledges and agrees that the Platform may deduct relevant fees and taxes from the purchase price paid by the buyer. The Platform will issue a receipt or tax invoice for the fees and taxes paid by the seller upon request.

17.3       If any fee (including GST/VAT) has decimal places greater than or equal to 50 satang, the seller agrees to charge such fee in the amount after rounding up to the nearest whole number. And agree to charge a fee in the amount after rounding down to the nearest whole number if the fee (including GST/VAT) has fewer than 50 cents in decimal places, and the seller agrees to pay the fee in that amount to the Platform.

17.4       The Platform reserves the right to change the fees in the Fee Policy.

  1. Disputes

18.1       In the event of any problems arising from a transaction, the Platform’s policies shall govern the resolution of such disputes.

18.2       Each buyer and seller warrants and agrees that they will not sue or file any complaints against the Platform or its affiliates (except where the Platform or its affiliates are the sellers in the transaction under such claim) relating to any transaction conducted on the site or any disputes relating to such transactions.

18.3       Users protected under the Platform Guarantee may submit a written request to the Platform for assistance in resolving any problems that may arise from a transaction. Upon receiving such a request, the Platform, at its sole discretion and without liability to the buyer and seller, will take all necessary steps to help users resolve disputes between them. Please refer to the Platform’s refund and return policy for more details.

18.4       The services provided under Section 18 are only available to buyers protected under the Platform Guarantee. Buyers using alternative payment methods should contact the seller directly.

 

  1. Feedback

The Platform welcomes all user feedback, which helps the Platform improve the quality of the services provided. Please see the feedback submission process below for more details.

19.1       Feedback can be submitted in writing via Customer Service.

19.2       The Platform reserves the right to reject and not accept anonymous feedback.

19.3       Users affected by feedback should be fully informed of the facts and given the opportunity to clarify.

19.4       Ambiguous and defamatory feedback will not be accepted.

 

  1. Disclaimer

20.1       This service is provided “as is” without any warranties, claims, or representations of any kind, express, implied, or mandatory, relating to the Service, including but not limited to warranties of quality, operation, non-infringement, merchantability, or fitness for a particular purpose. No warranties of conduct, operation, or commercial use are also excluded, without limitation of the foregoing. And to the maximum extent permitted by applicable law, the Platform does not warrant that the Services, this Site, or the operation of the Site will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free; that any defects, if any, will be corrected; or that this Site and/or its servers will operate free from viruses, clocks, timers, counters, worms, software locks, spying devices, Trojan horses, routing, trap doors, time bombs, or any other malicious code, command, program, or component.

20.2       You acknowledge that all risks arising from the use of or operation of this Site and/or Services are yours to the maximum extent permitted by applicable law.

20.3       The Platform has no control and, to the maximum extent permitted by applicable law, makes no warranties or liabilities regarding:

(a) the suitability for purpose, existence, quality, safety, or legality of any Goods offered for sale through the Services; or

(b) the ability of the Seller to sell the Goods or of the Buyer to pay for the Goods. In the event of a dispute between one or more Users, such Users agree to settle the dispute directly with each other. And to the maximum extent permitted by applicable law, the Platform and its affiliates are released from any and all claims, assertions, and damages arising out of or in connection with such dispute.

 

  1. Exclusions and Limitations of Liability

21.1       To the maximum extent permitted by applicable law, under no circumstances shall the Platform be liable, whether under contract, warranty, tort (including, but not limited to, negligence (whether active, passive, or defamatory), product liability, total liability, or any other theory), or any other issue of statutory, fairness, statute, or otherwise, to:

21.1.1 Loss of use, loss of profits, loss of revenue, loss of data, loss of goodwill, or failure to realize anticipated savings, in each case, directly or indirectly; or

21.1.2 Indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use this Site or the Services, including, but not limited to, damages arising out of such, even if the Platform has been advised of the possibility of such damages.

21.2 You acknowledge and agree that the only right you have regarding any problem or dissatisfaction with the Services is to request the cancellation of your account. and/or discontinue use of the Service.

21.3 Notwithstanding the provisions of the preceding section, if the Platform is ordered by a court or competent jurisdiction to be liable (including for gross negligence) to the maximum extent permitted by applicable law, its liability to you or any third party will be limited to the amount payable to you under the Platform Guarantee.

 

  1. Your Contribution to the Service

22.1       By submitting content on or through the Service, you represent and warrant that you have all the necessary rights and/or permissions to grant the Platform the licenses below. You also acknowledge and agree that:

22.1.1 You are solely responsible for anything you post or make available on or through the Service, including but not limited to the accuracy, reliability, character, freedom from copyright, compliance with statutory rights and any statutory limitations relating to submitted content.

22.1.2 You will comply with the Terms of Service or any other guidelines issued from time to time. You grant the Platform and its successors a perpetual, irrevocable, universal, non-exclusive, royalty-free, delegable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform such submitted content on, through or in connection with the Service, in any form of media and through any media channels, including but not limited to, for the promotion and distribution of parts of the Service (and derivative works of the Service) without any assigned authority, and you agree to waive any moral rights (and similar rights in all respects worldwide) thereto. You understand that your submissions may be transmitted over different networks and modified to meet and adapt to technical requirements.

22.2       Any material, information or ideas that you post on or through the Service. Any submission to the Platform by any means (referred to as “the Submission”) shall not be considered confidential, and the Platform may publish or use it without compensation or liability to you for any purpose whatsoever, including but not limited to the development, production, and marketing of products, or for informational, reference, and commercial purposes. By submitting the Submission to the Platform, you acknowledge and agree that the Platform and/or other third parties may independently develop software, applications, interfaces, products, and improvements thereto that have functionality, code, or other features identical or similar to the concepts set out in your Submission. Therefore, you grant the Platform and its successors a perpetual, irrevocable, universal, non-exclusive, royalty-free, delegable, and transferable license to develop the aforementioned Submission and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display, and publicly perform the Submission on, through, or in connection with the Service, in any form of media and through any media channels, including but not limited to, for the promotion and distribution of parts of the Service (and derivative works of the Service) without any assigned authority, and you agree to waive any moral rights. (and derivative works from the Service) This provision does not apply to personal data that must be subject to our privacy policy, except to the extent that you make such personal data publicly available on or through the Service.

 

  1. Third-Party Participation in the Service and External Links

23.1       Each participant in the Service, in terms of information, text, images, audio, video, software and other content, is solely responsible for the accuracy, reliability, nature, freedom from entitlements, compliance with laws and legal limitations relating to the content submitted. The Platform will not be responsible for, and will not regularly monitor or verify, the accuracy, reliability, nature, freedom from entitlements, compliance with laws and legal limitations relating to the content submitted. You do not hold the Platform responsible for the actions or inactions of users, including but not limited to, what is posted or made available through the Service.

23.2       In addition, the Service may contain links to third-party products, websites, services and offerings. These third-party links, products, websites and services are not owned by or controlled by the Platform but are operated by and are the property of the respective third parties and may be protected by copyright law or other applicable intellectual property laws and treaties. The Platform does not review and is not responsible for the content, functionality, security, services, privacy policies or other practices of these third parties. It is recommended that you read other terms and policies published on the website or elsewhere by such third parties. By using the Service, you agree that the Platform will not be liable in any way as a result of your use or inability to use any website or widget. You acknowledge and further agree that the Platform may terminate your use or remove any third-party links or applications on the Service, to the extent that such use violates these Terms of Service.

 

  1. Your Representations and Warranties

You represent and warrant that:

24.1       You are of legal age (and in the case of minors, with the consent of your parents or legal guardian) and have the right and capacity to enter into and comply with these Terms of Service.

24.2       You will use the Service for lawful purposes and in accordance with these Terms of Service and all applicable laws, regulations, codes, orders, guidelines, policies and regulations; and

24.3       You are not located in or reside in any country or territorial subject to or targeted by sanctions (including Iran, Cuba, Syria, North Korea, Crimea, Donetsk, and Luhansk in Ukraine).

 

  1. Fraudulent or Suspicious Conduct

25.1       In the Platform’s sole discretion, if the Platform has reasonable grounds to believe that you have committed any fraudulent act or conducted any transaction, If something appears to be fraudulent or suspicious, we may take various measures.

To protect the Platform, other buyers or sellers, or third parties from reversals, chargebacks, claims, fees, fines, penalties, and other liabilities, measures we may take include:

25.1.1 We may close, suspend, or restrict access to your account or services and/or suspend any transactions.

25.1.2 We may suspend your rights to the Platform Guarantee.

25.1.3 We may hold, use, or transfer funds in your account pursuant to any judgments and orders relating to you or your account, including judgments and orders of Singapore courts or elsewhere relating to the Platform.

25.1.4 We may immediately or in the future refuse to provide you with services.

25.1.5 We may hold your funds for a period necessary to hedge against any risk that may give rise to liability to the Platform or third parties, or where we believe you have committed any fraudulent or suspicious acts or transactions.

25.2 For interpretive purposes of this Section:

25.2.1 “Chargebacks” 25.2.1 “Chargebacks” means a complaint filed by the buyer with their debit or credit card company or the issuing bank to invalidate a payment.

25.2.2 “Claims” means a claim for payment filed directly by the buyer or seller to the Platform.

25.2.3 “Reversals” means a refund for goods by the Platform because:

(a) The claimant’s bank has invalidated the payment;

(b) The Platform mistakenly delivered the goods to you;

(c) The delivery person was not authorized to deliver the goods (for example, the delivery person used a stolen credit card);

(d) You received the goods through an act that violates these Terms of Service; or

(e) The Platform wishes to dispute the payment with you.

 

  1. Indemnification

You agree to indemnify, defend, and hold the Platform, its shareholders, subsidiaries, affiliates, directors, officers, agents, brand partners, or other partners, and their employees (collectively referred to as “Indemnified Parties”) from any claims, actions, litigation, and lawsuits. This includes all liabilities, damages, settlements, penalties, fines, expenses and costs (including, but not limited to, other dispute settlement costs) incurred by the Indemnified Party arising from or relating to

(a) any transaction conducted on the Site or any dispute relating to such transaction, except where the Platform or its affiliates are the vendors in the transaction relating to such dispute),

(b) the Platform Guarantee,

(c) the hosting, operation, management and/or maintenance of the Services by or on behalf of the Platform,

(d) any breach or violation of any Terms of Service in these Terms of Service and any other policies or guidelines referred to herein,

(e) any misuse or use of the Services, or

(f) any violation of any law or rights of any third party.

 

  1. Inseparableness

If any provision of these Terms of Service is deemed illegal, void, or unenforceable for any reason under the laws of any jurisdiction, that provision shall be deemed inseparable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provision or the validity and enforceability of the provision in question under the laws of any other jurisdiction.

 

  1. Applicable Law

These Terms of Service are governed by and construed in accordance with the laws of Singapore, without regard to conflict of laws principles. The provisions of the United Nations Convention on the International Sale of Goods (CISG) and the Computer Information Transactions Standard Act (UCITA) shall not apply to these Terms of Service unless otherwise required by applicable law. Any dispute, conflict, claim or difference of any kind that may arise in or in relation to these Terms of Service against or relating to the Platform or any party indemnified under these Terms of Service shall be finalized by arbitration in Singapore in force at the time the dispute is submitted for arbitration, under the administration of an arbitration institution deemed to be included by reference in this section.

 

  1. General Provisions

29.1       The Platform reserves all rights not expressly provided herein.

29.2       The Platform may amend these Terms of Service at any time by posting the amended Terms of Service on this site and notifying you within a reasonable period as required by applicable law. Your continued use of this site and/or your access to services (to dispel any doubts, including the provision or maintenance of your account by the Platform) after such changes shall be deemed your acceptance of the amended Terms of Service.

29.3       The Platform may take any action which may disrupt the operation of the site or any part thereof as necessary for routine or occasional maintenance. 29.4 You shall not, under any circumstances, modify, or change any bugs or improvements herein, and we shall not be liable to you for any such suspension or termination. The Platform will make every effort to notify you if the Site or any part thereof is suspended or terminated.

29.5       Nothing in these Terms of Service shall constitute a partnership, joint venture, or principal-agent relationship between you and the Platform, and nothing shall permit you to create any expenses or liabilities on behalf of the Platform.

29.6       The Platform’s failure at any time to enforce any provision of these Terms shall in no way affect its subsequent right to enforce such provision, unless such right is waived in writing.

29.7       These Terms of Service are provided for your and our benefit only, and not for the benefit of any other person or entity, except for the Platform’s subsidiaries and affiliates (and their respective subsidiaries and assignees).

29.8       The terms and conditions set forth in these Terms of Service and any agreements, including any policies incorporated into or referred to in these Terms of Service, constitute the complete agreement and understanding of the parties relating to the Services and Site, and supersede any prior agreement or understanding between the parties relating to such matters. Therefore, the parties waive all implied terms and conditions. In entering into the agreement arising out of these Terms of Service, the parties do not rely on any statements, representations, warranties, understandings, obligations, promises, or commitments from any person other than those expressly set forth in these Terms of Service. Each party waives all irrevocable and unconditional claims, rights, and remedies which, for this part, they may have in relation to anything previously mentioned. These Terms of Service cannot contradict, explain, or supplement any prior agreement. 29.9 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, including but not limited to the UK Anti-Bribery Act, the US Foreign Anti-Corruption Act and the Singapore Anti-Corruption Act, and confirm that you have and will establish all necessary policies and procedures to ensure compliance with such requirements.

29.10   For any questions or concerns regarding these Terms of Service, or for any issues arising from these Terms of Service or on the Site, please contact us at Customer Service.