1. INTRODUCTION
1.1
Welcome to the Online Shopping Mall platform (the "Site"). Please read the
following Terms of Service carefully before using this Site or opening
a account ("Account") so that you are aware of your legal
rights and obligations with respect to Online Shopping Mall Southeast Asia Limited and its affiliates and
subsidiaries (individually and collectively, " Online Shopping Mall", "we", "us" or "our").
The "Services" we provide or make available include (a) the Site, (b)
the services provided by the Site and by Online Shopping Mall client software made available through the Site, and
(c) all information, linked pages, features, data, text, images, photographs,
graphics, music, sounds, video (including live streams), messages, tags,
content, programming, software, application services (including, without
limitation, any mobile application services) or other materials made available
through the Site or its related services ("Content"). Any new
features added to or augmenting the Services are also subject to these Terms of
Service. These Terms of Service govern your use of Services provided by Online Shopping Mall.
1.2
The Services include an online platform service that
provides a place and opportunity for the sale of goods between the buyer
(“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”).
The actual contract for sale is directly between Buyer and Seller and Online Shopping Mall is not a party to that or any other contract between
Buyer and Seller and accepts no obligations in connection with any such
contract. Parties to such transaction will be entirely responsible for the sales
contract between them, the listing of goods, warranty of purchase and the
like. Online Shopping Mall is not
involved in the transaction between Users. Online Shopping Mall may or may not pre-screen Users or the Content or
information provided by Users.
Online Shopping Mall reserves the right to remove
any Content or information posted by you on the Site in accordance to Section
6.4 herein. Online
Shopping Mall cannot ensure that Users will actually complete a
transaction.
1.3
Before becoming a User of the Site, you must read and
accept all of the terms 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 linked hereto.
1.4
Online Shopping Mall reserves the right to change, modify, suspend or
discontinue all or any part of this Site or the Services at any time or upon
notice as required by local laws. Online Shopping Mall may release certain Services or their features in a
beta version, which may not work correctly or in the same way the final version
may work, and we shall not be held liable in such instances. Online Shopping Mall may also impose limits on certain features or restrict
your access to parts of, or the entire, Site or Services in its sole discretion
and without notice or liability.
1.5
Online Shopping Mall reserves the right
to refuse to provide you access to the Site or Services or to allow you to open
an Account for any reason.
BY USING Online Shopping Mall SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR
IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING
THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR
LINKED HERETO.
IF YOU DO NOT
AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU
ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT
TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET
PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT
OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW
WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION,
PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL
GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS
CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S
BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY
SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED
LATER.
2. PRIVACY
2.1
Your privacy is very important to us at Online Shopping Mall. To better protect your rights we have provided the Online Shopping Mall.com Privacy Policy to explain our privacy practices in
detail. Please review the Privacy Policy to understand how Online Shopping Mall collects and uses the information associated with your
Account and/or your use of the Services (the “User Information”). By using the
Services or providing information on the Site, you:
(i)
consent to Online Shopping Mall's collection, use, disclosure and/or processing of your
Content, personal data and User Information as described in the Privacy Policy;
(ii)
agree and acknowledge that the proprietary rights of
your User Information are jointly owned by you and Online Shopping Mall; and
(iii) shall not, whether directly
or indirectly, disclose your User Information to any third party, or otherwise
allow any third party to access or use your User Information, without Online Shopping Mall’s prior
written consent.
2.2
Users in possession of another User’s personal data
through the use of the Services (the “Receiving Party”) hereby agree that, they
will (i) comply with all applicable personal data protection laws with respect
to any such data; (ii) allow the User whose personal data the Receiving Party
has collected (the “Disclosing Party”) to remove his or her data so collected
from the Receiving Party’s database; and (iii) allow the Disclosing Party to
review what information have been collected about them by the Receiving Party,
in each case of (ii) and (iii) above, in compliance with and where required by
applicable laws.
3. LIMITED LICENSE
3.1 Online Shopping Mall grants
you a limited and revocable license to access and use the Services subject to
the terms and conditions of these Terms of Service. All proprietary Content,
trademarks, service marks, brand names, logos and other intellectual property
(“Intellectual Property”) displayed in the Site are the property of Online Shopping Mall and where applicable, third party proprietors
identified in the Site. No right or licence is granted directly or indirectly
to any party accessing the Site to use or reproduce any Intellectual Property,
and no party accessing the Site shall claim any right, title or interest
therein. By using or accessing the Services you agree to comply with the
copyright, trademark, service mark, and all other applicable laws that protect
the Services, the Site and its Content. You agree not to copy, distribute,
republish, transmit, publicly display, publicly perform, modify, adapt, rent,
sell, or create derivative works of any portion of the Services, the Site or its
Content. You also may not, without our prior written consent, mirror or frame
any part or whole of the contents of this Site on any other server or as part
of any other website. In addition, you agree that you will not use any robot,
spider or any other automatic device or manual process to monitor or copy our
Content, without our prior written consent (such consent is deemed given for
standard search engine technology employed by Internet search websites to
direct Internet users to this website).
3.2
You are welcome to link to the Site from your website,
provided that your website does not imply any endorsement by or association
with Online Shopping Mall. You acknowledge that Online Shopping Mall may, in its sole discretion and at any time,
discontinue providing the Services, either in part or as a whole, without
notice.
4. SOFTWARE
Any software
provided by us to you as part of the Services is subject to the provisions of
these Terms of Service. Online Shopping Mall reserves all
rights to the software not expressly granted by Online Shopping Mall hereunder. Any third-party scripts or code, linked to
or referenced from the Services, are licensed to you by the third parties that
own such scripts or code, not by Online Shopping Mall.
5. ACCOUNTS AND SECURITY
5.1
Some functions of our Services require registration for an
Account by selecting a unique user identification ("User ID") and
password, and by providing certain personal information. If you select a User
ID that Online
Shopping Mall, in its sole discretion, finds offensive or
inappropriate, Online Shopping Mall has the right to
suspend or terminate your Account. You may be able to use your Account to gain
access to other products, websites or services to which we have enabled access
or with which we have tied up or collaborated. Online Shopping Mall has not reviewed, and assumes no responsibility for any
third party content, functionality, security, services, privacy policies, or
other practices of those products, websites or services. If you do so, the
terms of service for those products, websites or services, including their
respective privacy policies, if different from these Terms of Service and/or
our Privacy Policy, may also apply to your use of those products, websites or
services.
5.2
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
from your account at the end of each session on the Site, (c) immediately
notify Online
Shopping Mall of any unauthorised use of your Account, User ID and/or
password, and (d) ensure that your Account information is accurate and
up-to-date. You are fully responsible for all activities that occur under your
User ID and Account even if such activities or uses were not committed by
you. Online
Shopping Mall will not be liable for any loss or damage arising from
unauthorised use of your password or your failure to comply with this Section.
5.3
You agree that Online Shopping Mall may for any reason, in its sole discretion and with or
without notice or liability to you or any third party, immediately terminate
your Account and your User ID, remove or discard from the Site any Content
associated with your Account and User ID, withdraw any subsidies offered to
you, cancel any transactions associated with your Account and User ID,
temporarily or in more serious cases permanently withhold any sale proceeds or
refunds, and/or take any other actions that Online Shopping Mall deems necessary. Grounds for such actions may include,
but are not limited to, actual or suspected (a) extended periods of inactivity,
(b) violation of the letter or spirit of these Terms of Service, (c) illegal,
fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having
multiple user accounts, (e) buying products on the Site for the purpose of
commercial re-sale, (f) abnormal or excessive purchasing of products from the
same Seller or related group of Sellers, (g) voucher abuse (including, but not
limited to, selling of vouchers to third parties, selling of vouchers or other
credits at a significant markup above face value, and/or abnormal or excessive
use of vouchers on the Site), (h) creation, exploitation, or use of any
unauthorized third-party software or products in conjunction with or operate
the functions available on Online Shopping Mall or (h) behaviour
that is harmful to other Users, third parties, or the business interests
of Online
Shopping Mall. Use of an Account for illegal, fraudulent, harassing,
defamatory, threatening or abusive purposes may be referred to law enforcement
authorities without notice to you. If a legal dispute arises or law enforcement
action is commenced relating to your Account or your use of the Services for
any reason, Online Shopping Mall may terminate your
Account immediately with or without notice.
5.4
Users may terminate their Account if they notify Online Shopping Mall in writing (including via email at Online Shopping Mallmall@gmail.com) of their desire to do
so. You understand and agree that your account will, at the earliest, be
terminated twenty-four (24) hours after the request for termination.
Notwithstanding any such termination, Users remain responsible and liable for
any incomplete transaction (whether commenced prior to or after such
termination), shipment of the product, payment for the product, or the like,
and Users must contact Online Shopping Mall after he or she
has promptly and effectively carried out and completed all incomplete
transactions according to the Terms of Service. Online Shopping Mall shall have no liability, and shall not be liable for
any damages incurred due to the actions taken in accordance with this Section.
Users waive any and all claims based on any such action taken by Online Shopping Mall.
5.5
You may only use the Services and/or open an Account if
you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1
The license for use of this Site and the Services is
effective until terminated. This license will terminate as set forth under
these Terms of Service or if you fail to comply with any term or condition of
these Terms of Service. In any such event, Online Shopping Mall may effect such termination with or without notice to
you.
6.2
You agree not to:
(a)
upload, post, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing, alarming,
distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b)
violate any laws, including without limitation any laws
and regulation in relation to export and import restrictions, third party
rights or our Prohibited and Restricted Items policy;
(c)
upload, post, transmit or otherwise make available
any Content featuring an unsupervised minor or use the Services to harm minors
in any way;
(d)
use the Services or upload Content to impersonate any
person or entity, or otherwise misrepresent your affiliation with a person or
entity;
(e)
forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Services;
(f)
remove any proprietary notices from the Site;
(g)
cause, permit or authorize the modification, creation of
derivative works, or translation of the Services without the express permission
of Online
Shopping Mall;
(h)
use the Services for the benefit of any third party or any
manner not permitted by the licenses granted herein;
(i)
use the Services or upload Content in a manner that
is fraudulent, unconscionable, false, misleading or deceptive;
(j)
open and/or operate multiple user accounts in
connection with any conduct that violates either the letter or spirit of these
Terms of Service;
(k)
access the Online Shopping Mall platform, open a user account, or otherwise access your
user account using any non-official Online Shopping Mall hardware or software, including but not limited to an
emulator, simulator, bot or other similar hardware or software;
(l)
manipulate the price of any item or interfere with
other User's listings;
(m)
take any action that may undermine the feedback or ratings
systems;
(n)
attempt to decompile, reverse engineer, disassemble or
hack the Services (or any portion thereof), or to defeat or overcome any
encryption technology or security measures implemented by Online Shopping Mall with respect to the Services and/or data transmitted,
processed or stored by Online Shopping Mall;
(o)
harvest or collect any information about or regarding
other Account holders, including, without limitation, any personal data or
information;
(p)
upload, email, post, transmit or otherwise make available
any Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
(q)
upload, email, post, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
(r)
upload, email, post, transmit or otherwise make
available any unsolicited or unauthorised advertising, promotional materials,
"junk mail", "spam", "chain letters",
"pyramid schemes", or any other unauthorised form of solicitation;
(s)
upload, email, post, transmit or otherwise make
available any material that contains software viruses, worms, Trojan-horses or
any other computer code, routines, files or programs designed to directly or
indirectly interfere with, manipulate, interrupt, destroy or limit the
functionality or integrity of any computer software or hardware or data or
telecommunications equipment;
(t)
disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other Users of the Services are able to type,
or otherwise act in a manner that negatively affects other Users' ability to
engage in real time exchanges;
(u)
interfere with, manipulate or disrupt the Services or
servers or networks connected to the Services or any other User's use and
enjoyment of the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site;
(v)
take any action or engage in any conduct that could
directly or indirectly damage, disable, overburden, or impair the Services or
the servers or networks connected to the Services;
(w)
use the Services to intentionally or unintentionally
violate any applicable local, state, national or international law, rule, code,
directive, guideline, policy or regulation including, without limitation, laws
and requirements (whether or not having the force of law) relating to
anti-money laundering or counter-terrorism;
(x)
use the Services in violation of or to circumvent
any sanctions or embargo administered or enforced by the U.S. Department of
Treasury’s Office of Foreign Assets Control, the United Nations Security
Council, the European Union or Her Majesty’s Treasury;
(y)
use the Services to violate the privacy of others or
to "stalk" or otherwise harass another;
(z)
infringe the rights of Online Shopping Mall, including any intellectual property rights and any passing
off of the same thereof;
(aa)
use the Services to collect or store personal data about other
Users in connection with the prohibited conduct and activities set forth above;
and/or
(bb)
list items which infringe upon the copyright, trademark or other
intellectual property rights of third parties or use the Services in a manner
which will infringe the intellectual property rights of others.
6.3
You understand that all Content, whether publicly posted
or privately transmitted, is the sole responsibility of the person from whom
such Content originated. This means that you, and not Online Shopping Mall, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available through the Site. You
understand that by using the Site, you may be exposed to Content that you may
consider to be offensive, indecent or objectionable. To the maximum extent
permitted by applicable law, under no circumstances will Online Shopping Mall be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of the use of, or reliance on, any Content
posted, emailed, transmitted or otherwise made available on the Site.
6.4
You acknowledge that Online Shopping Mall and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, delete, stop,
suspend, remove or move any Content, including without limitation any Content
or information posted by you, that is available on the Site without any
liability to you. Without limiting the foregoing, Online Shopping Mall and its designees shall have the right to remove any
Content (i) that violates these Terms of Service or our Prohibited and
Restricted Items Policy; (ii) if we receive a complaint from another User;
(iii) if we receive a notice or allegation of intellectual property
infringement or other legal instruction or request for removal; or (iv) if such
Content is otherwise objectionable. We may also block delivery of a
communication (including, without limitation, status updates, postings,
messages and/or chats) to or from the Services as part of our effort to protect
the Services or our Users, or otherwise enforce the provisions of these Terms
and Conditions. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including, without limitation, any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you have not and, to the maximum extent permitted by
applicable law, may not rely on any Content created by Online Shopping Mall or submitted to Online Shopping Mall, including, without limitation, information in Online Shopping Mall Forums and in all other parts of the Site.
6.5
You acknowledge, consent to and agree that Online Shopping Mall may access, preserve and/or disclose your Account
information and Content to any legal, regulatory, or governmental authority,
the relevant rights owner, or other third parties if required to do so by law,
pursuant to an order of a court or lawful request by any governmental or
regulatory authority having jurisdiction over Online Shopping Mall or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms of Service or our Prohibited and Restricted Items Policy;
(c) respond to claims that any Content violates the rights of third parties,
including intellectual property rights; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal safety
of Online
Shopping Mall, its Users and/or the public.
7. VIOLATION OF OUR TERMS
OF SERVICE
7.1
Violations of this policy may result in a range of
actions, including, without limitation, any or all of the following:
1.
Listing deletion
2.
Limits placed on Account privileges
3.
Account suspension and subsequent termination
4.
Criminal charges
5.
Civil actions, including without limitation a claim for damages
and/or interim or injunctive relief
7.2
If you believe a User on our Site is violating these Terms
of Service, please contact Online
Shopping Mallmall@gmail.com.
8. REPORTING INTELLECTUAL
PROPERTY RIGHTS INFRINGEMENT
8.1
As stated above, Online Shopping Mall does not allow
listings that violate the intellectual property rights of brands or other
intellectual property rights owners (“IPR Owner”).
8.2
Except where expressly stated otherwise, the Users are independent
individuals or businesses and they are not associated with Online Shopping Mall in any way and Online Shopping Mall is neither the agent nor representative of the Users
and does not hold and/or own any of the merchandises listed on the Site.
8.3
If you are an IPR Owner or an agent duly authorised by an IPR
Owner (“IPR Agent”) and you believe that your right or your principal’s right
has been infringed, please notify us by submitting the online form at https://Online Shopping Mall-support.formstack.com/forms/ipr_ph and provide us the
documents requested below to support your claim. Do allow us time to process
the information provided. Online Shopping Mall will respond to
your complaint as soon as practicable.
8.4
Complaints under this Section 8 must be provided in the form
prescribed by Online Shopping Mall, which may be updated
from time to time, and must include at least the following: (a) a physical or
electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”);
(b) a description of the type and nature of intellectual property right that is
allegedly infringed and proof of rights; (c) a description of the nature of
alleged infringement with sufficient details to enable Online Shopping Mall to assess the complaint; (d) URL(s) of the listing(s)
which contains the alleged infringement; (e) sufficient information to
allow Online
Shopping Mall to contact the Informant, such as Informant’s physical
address, telephone number and e-mail address; (f) a statement by Informant that
the complaint is filed on good faith belief and that the use of the
intellectual property as identified by the Informant is not authorised by the
IPR Owner or the law; (g) a statement by the Informant that the information in
the notification is accurate, that the Informant will indemnify us for any
damages we may suffer as a result of the information provided by the Informant,
and that the Informant has the appropriate right or is authorised to act on the
IPR Owner’s behalf in all matters relating to the complaint.
8.5
Online
Shopping Mall acknowledges a manufacturer’s right to enter into
certain exclusive distribution agreements or minimum advertised price
agreements for its products. However, violations of such agreements do not
constitute intellectual property rights infringement. As the enforcement of
these agreements is a matter between the manufacturer and the sellers, Online Shopping Mall does not assist in this type of enforcement activity
and does not enforce exclusive distribution rights or price-control matters
except within the countries that have laws specifically governing selective or
exclusive distribution.
8.6
Each and every Seller agrees to hold Online Shopping Mall and its Affiliates harmless from all claims, causes of
action, damages and judgments arising out of any removal of any Content or
product listings pursuant to or in relation to any intellectual property
infringement claim.
9. PURCHASE AND PAYMENT
9.1
Online Shopping Mall supports one or
more of the following payment methods in each country it operates in:
(i)
Credit Card
Card payments
are processed through third-party payment channels and the type of credit cards
accepted by these payment channels may vary depending on the jurisdiction you
are in.
(ii)
Cash on Delivery (COD)
Online Shopping Mall provides COD services in selected countries. Buyers may
pay cash directly to the deliver agent upon their receipt of the purchased
item.
(iii)
Bank Transfer
Buyer may make
payments through an Automated Teller Machine or internet bank transfer (“Bank
Transfer”) to our designated Online Shopping Mall Guarantee Account
(as defined in Section 11). Buyer must provide Online Shopping Mall with the transfer receipt or payment transaction
reference for verification purposes through the ‘Upload Receipt’ function found
in Online
Shopping Mall’s app as payment confirmation. If payment confirmation is
not received by Online Shopping Mall within three (3)
days, Buyer’s order will be cancelled.
9.2
Buyer may only change their preferred mode of payment for
their purchase prior to making payment.
9.3
Online Shopping Mall takes no
responsibility and assume no liability for any loss or damages to Buyer arising
from shipping information and/or payment information entered by Buyer or wrong
remittance by Buyer in connection with the payment for the items purchased. We
reserve the right to check whether Buyer is duly authorised to use certain
payment method, and may suspend the transaction until such authorisation is
confirmed or cancel the relevant transaction where such confirmation is not
available.
9.4
At the moment, Online Shopping Mall is only able to make payment to Users via bank
transfer. Hence, Users are required to provide Online Shopping Mall with his/her banking details in order to receive
payments i.e. from the sale of item or refund from Online Shopping Mall.
10. Online Shopping Mall WALLET
10.1
Online
Shopping Mall Wallet is a service provided by Online Shopping Mall or its authorised agent to facilitate the storage of
money you receive from your sales proceeds and refunds for purchases made via
bank transfer, cash payment or your Online Shopping Mall Wallet. The sum of this money, minus any withdrawals,
will be reflected as your Online Shopping Mall Wallet balance.
10.2
You may transfer funds from your Online Shopping Mall Wallet (up to the amount of your Online Shopping Mall Wallet balance) to your linked bank account (“Linked
Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of
once per day. Online Shopping Mall may also
automatically transfer funds from your Online Shopping Mall Wallet to your Linked Account on a regular basis, as
determined by Online Shopping Mall. Online Shopping Mall shall only process such transfers on business days and
such transfers may take up to two business days to be credited to your Linked
Account.
10.3
Each User is entitled to a maximum number of one (1) free
Withdrawal Request per week. Online Shopping Mall may impose a fee
of $15 ($500 for BPI Family Savings) for each additional Withdrawal Request
made in excess of such maximum number in a given week (“Withdrawal Fee”). The
maximum number of free Withdrawal Requests each User is entitled to and the amount
of Withdrawal Fees charged are subject to change at Online Shopping Mall’s discretion.
10.4
Money from your sale of items on Online Shopping Mall shall be credited to your Online Shopping Mall Wallet within three (3) days after the item is
delivered to Buyer or immediately after Buyer has acknowledged that they have
received the item. Money from refunds of items on Online Shopping Mall shall be credited to your Online Shopping Mall Wallet within one (1) day of the return or refund
request being approved.
10.5
Once submitted, you may not modify or cancel a Withdrawal Request.
10.6
If there is an error in the processing of any transaction, you
authorize us to initiate debit or credit entries to your designated bank
account, to correct such error, provided that any such correction is made in
accordance with applicable laws and regulations. If we are unable to debit your
designated bank account for any reason, you authorize us to resubmit the debit,
plus any applicable fees, to any other bank account or payment instrument that
you have on file with us or to deduct the debit and applicable fees from
your Online
Shopping Mall Wallet balance in the future.
10.7
You authorize us to initiate debit or credit entries to your Online Shopping Mall Wallet:
(i)
to correct any errors in the processing of any
transaction;
(ii)
where Online Shopping Mall has determined
that you have engaged in fraudulent or suspicious activity and/or transactions;
(iii)
in connection with any lost, damaged or incorrect items;
(iv)
in connection with any rewards or rebates;
(v)
in connection with any uncharged fees;
(vi)
in connection with the settlement of any transaction
dispute, including any compensation due to, or from, you;
(vii)
in connection with any liability or payment that Online Shopping Mall has determined is attributable to breach of your
obligation/s to Online Shopping Mall, other Users or third
parties, including any behaviour that is harmful to other Users, third parties,
or the business interests of Online Shopping Mall;
(viii)
in connection with any banned items or items that are detained by
customs; and
(ix)
in connection with any change of mind agreed to by both Buyer and
Seller; and
(x)
to purchase Advertising Credits where you have activated
the Advertising Credits Top Up Feature and your Advertising Credits have fallen
below your Advertising Credits Minimum Amount.
11. Online Shopping Mall GUARANTEE
11.1
Online
Shopping Mall Guarantee is a service provided by Online Shopping Mall or its authorised agent to protect purchases. To
protect against the risk of liability, payment for purchases made to Seller
using the Services will be held by Online Shopping Mall or its authorised agent (“Online Shopping Mall Guarantee Account”). Seller will not receive interest
or other earnings from the sum you have paid into Online Shopping Mall Guarantee Account.
11.2
After Buyer makes payment for his/her order (“Buyer’s Purchase
Monies”), Buyer’s Purchase Monies will be held in Online Shopping Mall Guarantee Account until:
(a)
Buyer sends confirmation to Online Shopping Mall that Buyer has received his/her goods, in which case,
unless 11.2(d) applies, Online Shopping Mall will release
Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if
applicable), Transaction Fee (defined below), Commission Fee (defined below)
and (if applicable) the Cross Border Fee (defined below)) in Online Shopping Mall Guarantee Account to Seller;
(b)
Online Shopping Mall Guarantee Period
(or any approved extension under 11.3) expires, in which case, unless 11.2(c)
or 11.2(d) applies, Online Shopping Mall will release
Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if
applicable), the Transaction Fee (defined below), Commission Fee (defined
below) and (if applicable) the Cross Border Fee (defined below)) in Online Shopping Mall Guarantee Account to Seller;
(c)
Online Shopping Mall determines that
Buyer’s application for a return of goods and/or refund is successful, in which
case, unless 11.2(d) applies, Online Shopping Mall will provide a
refund to Buyer, subject to and in accordance with the Refunds and Return
Policy;
(d)
such other time as Online Shopping Mall reasonably determines that a distribution of Buyer’s
Purchase Monies (less the Transaction Fee (defined below), Commission Fee
(defined below) and (if applicable) the Cross Border Fee (defined below)) is
appropriate, including, without limitation, where it deems reasonably necessary
to comply with applicable law or a court order or to enforce these Terms of
Service.
Online Shopping Mall Guarantee is only offered to Buyers who have made
payment through the channels provided by Online Shopping Mall into Online Shopping Mall Guarantee Account.
Offline arrangements between Buyer and Seller will not be covered under Online Shopping Mall Guarantee.
11.3
Payments made through Online Shopping Mall channels will be held in the Online Shopping Mall Guarantee Account for a specified period of time (the “Online Shopping Mall Guarantee Period”). To find out more about the Online Shopping Mall Guarantee Period, please click this link. Buyer may
apply for a one-time extension of Online Shopping Mall Guarantee Period prior to the expiry of the
applicable Online Shopping Mall Guarantee Period,
subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s
application, Online Shopping Mall Guarantee Period
may be extended for a maximum period of three (3) days unless Online Shopping Mall in its sole discretion determines that a longer
extension is appropriate or required.
11.4
If, for any reason, the Seller's bank account cannot be credited
and/or the Seller cannot be contacted, Online Shopping Mall will use reasonable endeavours to contact the Seller
using the contact details provided by him/her. In the event that the Seller
cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more
than six (6) months after they become due to the Seller, Online Shopping Mall will deal with such unclaimed Buyer's Purchase Monies
in accordance with any applicable laws.
11.5
Seller/Buyer must be the beneficial owner of the Account and
conduct transaction on the Site only on behalf of him or herself. Online Shopping Mall may require Seller or Buyer to provide his or her
personal data such as recent identity photograph, bank account details and/or
any other such documentation necessary, for verification purposes, including
verification required by third party payment processing and logistic service
providers. Seller/Buyer hereby grants Online Shopping Mall his/her consent to use or provide to third party
his/her personal data to facilitate his/her use of the Site. Further,
Seller/Buyer authorises Online Shopping Mall to use his/her
personal data to make any inquires we consider necessary to validate his/her
identity with the appropriate entity such as his/her bank. For more information
in relation to how Online Shopping Mall handles your
personal information, please visit our Privacy Policy page.
11.6
The Online Shopping Mall Guarantee is in
addition and without limitation to Buyer’s and Seller’s obligations under
applicable law, which may go above and beyond what is provided for by the Online Shopping Mall Guarantee. The Online Shopping Mall Guarantee is neither intended nor designed to assist
Buyer or Seller in complying with its own legal obligations, for which each
party will remain solely responsible, and Online Shopping Mall accepts no liability in connection with the same.
Without limitation, the Online Shopping Mall Guarantee does not
constitute a product warranty.
11.7
Buyer and Seller acknowledge and agree that Online Shopping Mall’s decision (including any appeals) in respect of and
relating to any issues concerning the Online Shopping Mall Guarantee is final.
11.8
For the avoidance of doubt, any transactions not conducted on the
Site will not qualify for the protection offered by Online Shopping Mall Guarantee.
12. Online Shopping Mall COIN REWARD SYSTEM
12.1
Users may earn loyalty points (“Online Shopping Mall Coin”) by buying merchandises on the Site using
the Online
Shopping Mall Guarantee system or through participation in
other Online
Shopping Mall activities as Online Shopping Mall may from time to time determine (“Eligible Activities”)
based on the conversion rate determined by Online Shopping Mall in its sole discretion. Generally, Online Shopping Mall Coin will be credited to a User’s Account upon the
completion of a successful transaction or activity approved by Online Shopping Mall. You are eligible to participate in the Online Shopping Mall Coin reward system if you are a User and your Account
does not expressly exclude you from participation.
12.2
Transaction not completed on the Site using Online Shopping Mall Guarantee do not qualify for the Online Shopping Mall Coin reward system. Online Shopping Mall may at its sole discretion exclude categories of items
from the Online
Shopping Mall Coin reward system.
12.3
Online
Shopping Mall Coins credited to Buyers have no monetary value, do not
constitute Buyers’ property and cannot be purchased, sold, transferred or
redeemed for cash by Buyer.
12.4
Subject to Online Shopping Mall rules and
regulation as determined, varied or modified by Online Shopping Mall from time to time, subject to any cap imposed by Online Shopping Mall at its sole discretion, User may redeem Online Shopping Mall Coin by sending a request to Online Shopping Mall and use Online Shopping Mall Coin to offset the
purchase price of selected items when making purchases on the Site as advised
by Online
Shopping Mall from time to time. All refunds will be subject to Online Shopping Mall’s Refunds and Return Policy under Section 15.4.
12.5
The Online Shopping Mall Coin you redeem
will be deducted from your Online Shopping Mall Coin balance.
Each Online
Shopping Mall Coin comes with an expiry date. Do check your account
details on the Site for Online Shopping Mall Coin balances and
expiry date.
12.6
From time to time, we may tell you that bonus Online Shopping Mall Coin will be awarded for particular Eligible
Activities. This may include but is not limited to purchases you make at
participating Sellers or pursuant to specific promotional offers. We will
notify you of the terms of such bonus awards if any from time to time.
12.7
If you have a dispute in relation to the number of Online Shopping Mall Coin which you have been awarded in respect of an
Eligible Activity, such a dispute must be made within one (1) month from the
date of the Eligible Activity. We may require you to provide evidence to
support your claim.
12.8
Online
Shopping Mall gives no warranty and accepts no responsibility as to
the ultimate tax treatment of Online Shopping Mall Coin. You will
need to check with your tax advisor whether receiving Online Shopping Mall Coin affects your tax situation.
12.9
Online
Shopping Mall reserves the right to (i) discontinue the Online Shopping Mall Coin Reward System at any time at its sole discretion
and (ii) cancel or suspend a User’s right to participate in Online Shopping Mall Coin Reward System, including the ability to earn and
redeem Online
Shopping Mall Coin at its sole discretion.
13 Online Shopping Mall COINS MARKETING
SERVICES
13.1
Sellers may purchase Online Shopping Mall Coins for
gratuitous distribution to Buyers for marketing purposes under the “Marketing
Centre” section of the Seller Centre (“Marketing Centre”). If you are a
Seller that purchases Online Shopping Mall Coins, you will be
deemed to have consented to the terms and conditions described in this Section,
and any explanatory materials published on this Site, the Seller Centre or
otherwise communicated to Sellers in writing (“Seller Coins Rules”).
13.2
In order to purchase Online Shopping Mall Coins, you must be an eligible Seller under the Seller
Coins Rules. At the time you purchase and pay for the Online Shopping Mall Coins, your Account must not be suspended.
13.3
You may purchase Online Shopping Mall Coins via the
payment methods set out in the Marketing Centre. After payment is
completed, the Online Shopping Mall Coins will be
issued to your Account for giveaway to Buyers within 24 hours, and shall expire
six (6) months after purchase or such other time as determined by Online Shopping Mall. Except as otherwise provided in the applicable Seller Coins
Rules, you may not cancel the order and/or request for a refund after you have
purchased Online
Shopping Mall Coins and completed the payment process.
13.4
Online
Shopping Mall Coins purchased by Sellers may only be given away,
free-of-charge, to Buyers via promotional channels made available in the
Marketing Centre. You may not sell, redeem, or otherwise deal in, Online Shopping Mall Coins under any circumstances. You agree that
failure to comply with this section or any of the Seller Coins Rules may,
without limitation, result in the forfeiture of Online Shopping Mall Coins purchased by you, in addition to any other
actions or remedies that Online Shopping Mall may take or
enforce.
13.5
You understand and agree that Online Shopping Mall does not warrant or guarantee any increase in
viewership or sales of your items as a result of the purchase and gratuitous
distribution of Online Shopping Mall Coins.
13.6
You are advised to only purchase Online Shopping Mall Coins after fully considering your budget and intended
advertising objectives. Except as otherwise provided in these Terms of Service
or the Seller Coins Advertising Rules, Online Shopping Mall shall not be liable for any compensation or be subject
to any liability (including but not limited to actual expenses and lost
profits) for the results or intended results of purchasing Online Shopping Mall Coins.
13.7
IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, Online Shopping Mall IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE
LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO THE PURCHASE BY YOU
OF Online
Shopping Mall COINS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE
AMOUNT PAID BY YOU FOR THE Online Shopping Mall COINS IN
QUESTION ONLY
14 Online Shopping Mall COIN CASHBACK
VOUCHER
14.1
Users may receive a voucher entitling them to additional Online Shopping Mall Coins (the “Online Shopping Mall Coin Cashback
Voucher”) on eligible purchases on the Site. Upon the completion of a
successful transaction where the Online Shopping Mall Coin Cashback
Voucher has been applied, additional Online Shopping Mall Coins will be credited to a User’s Account based on the
conversion rate as indicated in the terms and conditions of such Online Shopping Mall Coin Cashback Voucher (“Additional Online Shopping Mall Coins Rate”) or as determined by Online Shopping Mall in its sole discretion. Online Shopping Mall Coins credited to a User following the redemption of
a Online
Shopping Mall Coin Cashback Voucher shall have the same terms and
conditions (including in relation to expiry) as regular Online Shopping Mall Coins.
15 Online Shopping MallPAY CREDITS MARKETING
SERVICES
15.1
Sellers may purchase Online Shopping MallPay Credits for gratuitous distribution to Buyers for
marketing purposes by issuing purchase orders through Online Shopping Mall. If you are a Seller that purchases Online Shopping MallPay Credits, you will be deemed to have consented to the
terms and conditions described in this Section, and any explanatory materials
published on this Site, any purchase order form or invoice, the Seller Centre
or otherwise communicated to Sellers in writing (“Online Shopping MallPay Credits Rules”).
15.2
In order to purchase Online Shopping MallPay Credits, you must be an eligible Seller under the Online Shopping MallPay Credits Rules. At the time you purchase and pay for
the Online
Shopping MallPay Credits, your Account must not be suspended.
15.3
Online
Shopping Mall will issue an invoice to you after you have
purchased Online
Shopping MallPay Credits, and you may pay for the Online Shopping MallPay Credits via the payment methods specified in such
invoice. After payment is completed, the Online Shopping MallPay Credits will be credited to you for giveaway to Buyers
within 24 hours. Except as otherwise provided in the applicable Online Shopping MallPay Credits Rules, you may not cancel the order and/or
request for a refund after you have purchased Online Shopping MallPay Credits and completed the payment process.
15.4
Online
Shopping MallPay Credits purchased by Sellers may only be given away,
free-of-charge, to Buyers via promotional channels made available through, and
administered by, Online Shopping Mall. You may not
sell, redeem, or otherwise deal in, Online Shopping MallPay Credits under any circumstances. You agree that
failure to comply with this section or any of the Online Shopping MallPay Credits Rules may, without limitation, result in the
forfeiture of Online Shopping MallPay Credits purchased by
you, in addition to any other actions or remedies that Online Shopping Mall may take or enforce.
15.5
You understand and agree that Online Shopping Mall does not warrant or guarantee any increase in
viewership or sales of your items as a result of the purchase and gratuitous
distribution of Online Shopping MallPay Credits.
15.6
You are advised to only purchase Online Shopping MallPay Credits after fully considering your budget and intended
advertising objectives. Except as otherwise provided in these Terms of Service
or the Online
Shopping MallPay Credits Advertising Rules, Online Shopping Mall shall not be liable for any compensation or be subject
to any liability (including but not limited to actual expenses and lost
profits) for the results or intended results of purchasing Online Shopping MallPay Credits.
15.7
IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, Online Shopping Mall IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE
LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO THE PURCHASE BY YOU
OF Online
Shopping MallPAY CREDITS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE
AMOUNT PAID BY YOU FOR THE Online Shopping MallPAY CREDITS IN QUESTION
ONLY.
16 DELIVERY
16.1
Online
Shopping Mall will inform Seller when Online Shopping Mall receives Buyer’s Purchase Monies. Unless otherwise
agreed with Online Shopping Mall, Seller should then
make the necessary arrangements to have the purchased item delivered to Buyer
and provide details such as the name of the delivery company, the tracking
number, etc. to Buyer through the Site.
16.2
Seller must use his/her best effort to ensure that Buyer receives
the purchased items within, whichever applicable, the Online Shopping Mall Guarantee Period or the time period specified (for
offline payment) by Seller on Seller’s listing.
For the
delivery of products by the Seller to the Buyer, the Seller and the Buyer
may choose the delivery service provided by the logistics service company
in cooperation with Online Shopping Mall. Online Shopping Mall acts as an intermediary that brings together the Seller
and the Buyer with the logistics service company chosen by the Seller and/or
Buyer. Seller and Buyer are the parties who appoint and use the services of the
logistics service company in delivering products from the Seller to the Buyer.
Payment of shipping costs for each service delivery of products is the
responsibility of the Buyer and Seller.
Subject to the
provisions in Section 16.1 above, delivery will be made by the respective
Seller's designated courier/delivery service provider, and not by Online Shopping Mall. Online Shopping Mall is responsible for
facilitating reports/complaints from Buyers if the Buyer has not received the
product within the estimated timeframe. In the event that the Buyer has not
received the product within the estimated timeframe that the Product should
have been received in accordance with the Online Shopping Mall Policies and the terms of the Online Shopping Mall Guarantee, the Buyer must notify Online Shopping Mall customer service through the Platform. Online Shopping Mall will then forward the notification of the Buyer to the
Seller and/or the courier/delivery service provider company concerned to find
the best solution for the Seller and the Buyer.
16.3
Users understand that Seller bears all risk attached to the
delivery of the purchased item(s) and warrants that he/she has or will obtain
adequate insurance coverage for the delivery of the purchased item(s). In the
event where the purchased item(s) is damaged, lost or failure of delivery
during the course of delivery, Users acknowledge and agree that Online Shopping Mall will not be liable for any damage, expense, cost or
fees resulted therefrom and Seller and/or Buyer will reach out to the logistic
service provider to resolve such dispute.
16.4
For Cross-Border Transaction. Users understand and acknowledge
that, where a product listing states that the product will ship from overseas,
such product is being sold from a Seller based outside of the Philippines, and
the importation and exportation of such product is subject to local laws and
regulations. Users should familiarise themselves with all import and export
restrictions that apply to the designating country. Users acknowledge
that Online
Shopping Mall cannot provide any legal advice in this regard and
agrees that Online Shopping Mall shall not bear any
risks or liabilities associated with the import and export of such products to
the Philippines.
For the
avoidance of doubt, for all delivery services, Online Shopping Mall's responsibility is limited to facilitating Buyer's
reports/complaints to the Seller and/or the courier/delivery service provider
company concerned. If the Buyer does not give notice within a reasonable period
of time as specified in the Online Shopping Mall Policies and Online Shopping Mall Guarantee, the Buyer shall be deemed to have received
the Product in accordance with the Online Shopping Mall Policies. Each Buyer and Seller understands and agrees
that Online
Shopping Mall will not be responsible for, and holds Online Shopping Mall harmless from, any damages, expenses, costs or fees
arising from shipping the products. The Seller and/or Buyer will discuss any
complaints with the logistics service provider, through Online Shopping Mall, to resolve the issue.
17 CANCELLATION, RETURN AND REFUND
17.1
Buyer may only cancel his/her order prior to the payment of
Buyer’s Purchase Monies into Online Shopping Mall Guarantee Account.
17.2
Buyer may apply for the return of the purchased item and refund
prior to the expiry of Online Shopping Mall Guarantee Period,
if applicable, subject to and in accordance with Online Shopping Mall’s Refunds and Return Policy. Please refer to Online Shopping Mall’s Refunds and Return Policy for further information.
17.3
Online
Shopping Mall reserves the right to cancel any transaction on the
Site for valid/legal grounds, such as in certain cases where Seller and Buyer
cannot or do not fulfil their obligations under the contract for sale between
Seller and Buyer. Buyer agrees that Buyer’s sole remedy will be to receive a
refund of the Buyer’s Purchase Monies paid into Online Shopping Mall Guarantee Account.
17.4
If you have redeemed Online Shopping Mall Coin for your
transaction and you are successful in obtaining a refund based on Online Shopping Mall’s Refunds and Return Policy, Online Shopping Mall shall refund the monies you have actually paid for the
item and credit back any redeemed Online Shopping Mall Coin to your Account separately.
17.5
Online
Shopping Mall does not monitor the cancellation, return and refund
process for offline payment.
18 SELLER’S RESPONSIBILITIES
18.1
Seller shall properly manage and ensure that relevant information
such as the price and the details of items, inventory amount and terms and
conditions for sales is updated on Seller’s listing and shall not post
inaccurate or misleading information.
18.2
The price of items for sale will be determined by the Seller at
his/her own discretion. The price of an item and shipping charges shall include
the entire amount to be charged to Buyer such as sales tax, value-added tax,
tariffs, etc. and Seller shall not charge Buyer such amount additionally and
separately.
18.3
Seller agrees that Online Shopping Mall may at its
discretion engage in promotional activities to induce transactions between
Buyer and Seller by reducing, discounting or refunding fees, or in other ways.
The final price that Buyer will pay actually will be the price that such
adjustment is applied to.
18.4
For the purpose of promoting the sales of the items listed by
Seller, Online
Shopping Mall may post such items (at adjusted price) on third-party
websites (such as portal sites and price comparison sites) and other websites
(domestic or foreign) operated by Online Shopping Mall.
18.5
Seller shall issue receipts, credit card slips or tax invoices to
Buyer on request.
18.6
Seller acknowledges and agrees that Seller will be responsible for
paying all taxes, customs and duties for the item sold and Online Shopping Mall cannot provide any legal or tax advice in this regard.
As tax laws and regulations may change from time to time, Sellers are advised
to seek professional advice if in doubt.
18.7
Seller acknowledge and agrees that Seller’s violation of any
of Online
Shopping Mall’s polices will result in a range of actions as stated in
Section 7.1.
19 PAID ADVERTISING
19.1
Online
Shopping Mall offers keyword advertising and/or other advertising
services including participating in product search ads (“Product Search Ads”),
shop search ads (“Shop Search Ads”), discovery ads (“Discovery Ads”), boost ads
(“Boost Ads”), and display Ads ("Display Ads") (hereinafter referred
to as "Paid Advertising") on its Paid Advertising Site on an ongoing
basis. Sellers may purchase the Paid Advertising services. Online Shopping Mall provides the Paid Advertising services in accordance with
these Terms of Service and any explanatory materials published on this Site,
the Paid Advertising Site or otherwise communicated to Sellers in writing
(hereinafter referred to as the "Paid Advertising Rules"). Sellers
who purchase Paid Advertising services agree to be bound by the Paid
Advertising Rules. If you are not agreeable to being bound by the Paid
Advertising Rules, do not buy any Paid Advertising Services.
19.2
In order to purchase Paid Advertising services, you must be
an eligible Seller under the Paid Advertising Rules. At the time when you
purchase and pay for the Paid Advertising Services, your Account must not be
suspended.
19.3
You may order Display Ads services through the Seller Centre by setting
your preferred advertising dates and budget. Online Shopping Mall shall use commercially reasonable efforts to fulfill
your Display Ads order, but does not guarantee that the (i) dates requested by
the Seller, and/or (ii) the number of impressions associated with the budget
set by the Seller, will be fulfilled. All Display Ads must comply with
any style guides set by Online Shopping Mall from time to time,
including font types and sizes. Online Shopping Mall may provide access to Online Shopping Mall fonts to Sellers, and Sellers agree not to use such
fonts for any purpose other than use in the Display Ads. For the
avoidance of doubt, Online Shopping Mall reserves the right
to reject any Display Ads order (whether partially or in full) at its sole and
absolute discretion, and with or without notification to the Seller. In
addition, Online
Shopping Mall reserves the right to charge a fee in the event the
Seller requests to edit or cancel its Display Ads order. After the
Display Ads services have been delivered, Online Shopping Mall shall invoice the Seller based on the number of actual
impressions received, and Seller shall pay such invoice in accordance with the
terms set out in the invoice. The billing information that the Seller
provides will be used for invoice and tax invoice generation for Display Ads.
The Seller is responsible for ensuring that the billing information is correct
prior to submitting a Display Ads order. Any error in the billing information
submitted which may result in wrong information in the invoice and tax invoice
are the Seller's responsibility. Online Shopping Mall has the right to
reject invoice revision requests due to wrong information being submitted by
the Seller.
19. 4
You may purchase Search Ads, Boost Ads, Discovery Ads, and Display Ads
by purchasing advertising credits on the Paid Advertising Site (“Advertising
Credits”), and fees payable for the Paid Advertising services will be deducted
from the Advertising Credits on a pay-per-click basis, as determined by Online Shopping Mall. All Advertising Credits will be subject to value-added
services tax. Online Shopping Mall may also issue
Advertising Credits to you free of charge as part of its promotional programs
from time to time, in which case such free Advertising Credits shall expire six
(6) months after issuance, or such other period as determined by Online Shopping Mall in its sole discretion. Except as otherwise
provided in the applicable Paid Advertising Rules, you may not cancel the order
and/or request for a refund after you have purchased Advertising Credits and
completed the payment process.
19.5
You have the option to purchase Search Ads, Boost Ads, and
Discovery Adsat the time you list an item for sale or subsequently. When you
purchase Paid Advertising service, you can set different budgets, keywords,
marketing periods, etc. for each item in accordance with the Paid Advertising
Rules. You may also choose to have your Advertising Credits automatically
topped up via your Online Shopping Mall Wallet
(“Advertising Credits Top Up Feature”) if your Advertising Credits balance
falls below an amount set by you (“Advertising Credits Minimum Amount”).
When activating the Advertising Credits Top Up Feature, you may choose the
Advertising Credits Minimum Amount and the amount of top up, and you consent to
the debit of your Online Shopping Mall Wallet in
accordance with Section 10 of these Terms of Service. The Keyword Advertising
service for each item will be activated and will expire on the respective dates
set by you (the “Keyword Advertising Period”). You will not be entitled to
transfer the remaining Paid Advertising Period or Advertising Credits to other
items if an item is sold or unlisted during the Paid Advertising Period you set
for that item. The Advertising Credits will also not be refunded.
19.6
The goods you list on the Site must comply with all relevant laws
and regulations, the Paid Advertising Rules, these Terms of Service and the
Prohibited and Restricted Items Policy. You understand and agree that Online Shopping Mall has the right to immediately remove any listing which
violates any of the foregoing and any Paid Advertising fees that you have paid
or Advertising Credits you have used in relation to any listing removed
pursuant to this Section 17.5 will not be refunded. Online Shopping Mall will also not be liable to compensate you for any loss
whatsoever in relation to listings removed pursuant to this Section 17.5.
19.7
You understand and agree that Online Shopping Mall does not warrant or guarantee any increase in
viewership or sales of your items as a result of the Paid Advertising services.
19.8
You are advised to only purchase Paid Advertising services after fully
considering your budget and intended advertising objectives. Except as
otherwise provided in these Terms of Service or the Paid Advertising
Rules, Online
Shopping Mall shall not be liable for any compensation or be subject
to any liability (including but not limited to actual expenses and lost
profits) for the results or intended results of any Paid Advertising service.
19.9
IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, Online Shopping Mall IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE
LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING
SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY
TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID
ADVERTISING SERVICE IN QUESTION ONLY.
20 PURCHASE AND SALE OF ALCOHOL AND
TOBACCO OR TOBACCO-RELATED PRODUCTS
20.1
The purchase and sale of alcoholic products (“Alcohol”) and
tobacco or tobacco-related products, including without limitation electric
cigarettes (“Tobacco Proucts”) on the Site is permitted by Online Shopping Mall subject to the terms and conditions of this Section
18. If you are a buyer of Alcohol (“Alcohol Buyer”) or Tobacco Products
(“Tobacco Products Buyer”), you will be deemed to have consented to the terms
and conditions in this Section 17 when you purchase Alcohol or Tobacco Products
on the Site. Similarly, if you are an approved seller of Alcohol (“Alcohol
Seller”) or Tobacco Products (“Tobacco Products Seller”), you will be deemed to
have consented to the terms and conditions in this Section 18 when you sell
Alcohol or Tobacco Products on the Site.
20.2
If you are an Alcohol Buyer or Tobacco Products Buyer:
(a)
you represent and warrant that you and (if applicable) the person
receiving the Alcohol or Tobacco Products (“Recipient”) are aged 18 or above;
and
(b) if
requested by an Alcohol Seller, Tobacco Products Seller or Online Shopping Mall (or its agents), you and/or the Recipient shall provide
photo identification for age verification purposes.
20.3
If you are an Alcohol Seller or Tobacco Products Seller, you
represent and warrant that:
(a)
you hold all necessary licences and/or permits to sell Alcohol or Tobacco
Products through the Site, and shall provide a copy of such licences and/or
permits and supporting documents to Online Shopping Mall immediately upon request for verification purposes; and
(b) all
information and documents provided to Online Shopping Mall are true and accurate.
20.4
When delivering Alcohol to an Alcohol Buyer:
(a) the
delivery agent reserves the right to request for valid photo identification for
age verification purposes; and
(b) Online Shopping Mall (via the delivery agent) reserves the right to refuse
the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears
intoxicated or is unable to provide valid photo identification for age
verification purposes.
20.5
When delivering Tobacco Products to Tobacco Products Buyer:
(a)
the delivery agent reserves the right to request for valid photo
identification for age verification purposes; and
(b) Online Shopping Mall (via the delivery agent) reserves the right to refuse
the delivery of Tobacco Products if the Tobacco Products Buyer and/or the
Recipient is unable to provide valid photo identification for age verification
purposes.
20.6
Each Alcohol Buyer and Alcohol Seller, and each Tobacco Products
Buyer and Tobacco Products Seller, severally agrees to indemnify, defend and
hold harmless Online Shopping Mall, and its shareholders,
subsidiaries, affiliates, directors, officers, agents, co-branders or other
partners, and employees (collectively, the "Indemnified Parties")
from and against any and all claims, actions, proceedings, and suits and all related
liabilities, damages, settlements, penalties, fines, costs and expenses (including,
without limitation, any other dispute resolution expenses) incurred by any
Indemnified Party arising out of or relating to: (a) any inaccuracy or breach
of its representations in Section 19.2 and/or Section 19.3 (as applicable); and
(b) its breach of any law or any rights of a third party.
21 TRANSACTION FEES
21.1
Online
Shopping Mall charges a fee for all successful transactions completed
via bank transfer, credit card or Online Shopping Mall Wallet on the Site (“Transaction Fee”). The Transaction
Fee is borne by the Seller, and is calculated as two percent (2.0%) of the
Buyer’s Purchase Monies, rounded to the nearest dollar. The Transaction Fee is
exclusive of value-added tax. Online Shopping Mall shall issue
receipts or tax invoices for the Transaction Fee upon request.
21.2
Online
Shopping Mall will charge the Sellers a commission fee in addition to
the Transaction Fee for all successful transactions completed by Sellers
(“Commission Fee”) except for transactions that are completed by the following
categories of Sellers:
(a)
Mall Sellers as defined in the Online Shopping Mall Mall Terms of Service;
(b)
FSS Sellers as defined in the Free Shipping Special Terms of Service;
and/or
(c)
CCS Sellers as defined in the Coins Cashback Special Terms of
Service.
The Commission
Fee shall be waived for transactions completed within the first six (6) months
of the Seller’s first listing on the Site. The Commission Fee is borne by
the Seller, and is calculated as one percent (1.0%) of the Gross Settlement
Price. The Gross Settlement Price is the Seller’s original listing price of an
item, minus any Seller-sponsored discounts or vouchers, rounded to the nearest
peso. The Commission Fee is inclusive of value-added tax. Online Shopping Mall shall issue receipts or tax invoices for the Commission
Fee upon submission by the Seller of proof of registration with the Bureau of
Internal Revenue.
21.3
For Sellers located outside of the Philippines, Online Shopping Mall charges a fee for all successful transactions completed
via bank transfer, credit card or Online Shopping Mall Wallet on the Site (“Cross Border Fee”). The Cross
Border Fee is borne by the Seller, and is calculated according to the rates as
notified to such Sellers from time to time on the Site.
21.4
Following the successful completion of a transaction, Online Shopping Mall shall deduct the Transaction Fee, Commission Fee and
the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and
remit the balance to the Seller in accordance with Section 11.2. Online Shopping Mall shall issue receipts or tax invoices for the
Transaction Fee paid by Seller on request.
22 DISPUTES
22.1
In the event a problem arises in a transaction, the Buyer and Seller
agree to communicate with each other first to attempt to resolve such dispute
by mutual discussions, which Online Shopping Mall shall use
reasonable commercial efforts to facilitate. If the matter cannot be resolved
by mutual discussions, Users may approach the claims tribunal of their local
jurisdiction to resolve any dispute arising from a transaction.
22.2
Each Buyer and Seller covenants and agrees that it will not bring
suit or otherwise assert any claim against Online Shopping Mall or its Affiliates (except where Online Shopping Mall or its Affiliates is the Seller of the product that the
claim relates to) in relation to any transaction made on the Site or any
dispute related to such transaction.
22.3
Users covered under Online Shopping Mall Guarantee may send written request to Online Shopping Mall to assist them in resolving issues which may arise from
a transaction upon request. Online Shopping Mall may, at its sole
discretion and with absolutely no liability to Seller and Buyer, take all
necessary steps to assist Users resolving their dispute. For more information,
please refer to Online Shopping Mall’s Refunds and Return
Policy.
22.4
To be clear, the services provided under this Section 21 are only
available to Buyers covered under Online Shopping Mall Guarantee. Buyer using other payment means for his/her
purchase should contact Seller directly.
23 FEEDBACK
23.1Online Shopping Mall welcomes information and feedback from our Users which
will enable Online Shopping Mall to improve the
quality of service provided. Please refer to our feedback procedure below for
further information:
(a)
Feedback may be made in writing through email to or using the feedback
form found on the App.
(b)
Anonymous feedback will not be accepted.
(c)
Users affected by the feedback should be fully informed of all facts and
given the opportunity to put forward their case.
(d)
Vague and defamatory feedback will not be entertained.
24 DISCLAIMERS
24.1
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY
WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Online Shopping Mall OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH
RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY,
PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF
PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, Online Shopping Mall DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE
FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE
CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE
ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD
DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL
CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
24.2
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
24.3
Online
Shopping Mall HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY
FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF
ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS
OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE
USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY
AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE Online Shopping Mall AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND
DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
25 EXCLUSIONS AND LIMITATIONS OF LIABILITY
25.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Online
Shopping Mall BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE
OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(A) LOSS OF
USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF
GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER
DIRECT OR INDIRECT; OR
(B) ANY
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, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF Online Shopping Mall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25.2
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF
YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
25.3
IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, Online Shopping Mall IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE
LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE
LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE Online Shopping Mall GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE
DOLLARS).
25.4
NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY
FOR DEATH OR PERSONAL INJURY CAUSED BY Online Shopping Mall’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE
PART OF Online
Shopping Mall THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
26 LINKS TO THIRD PARTY SITES AND SHARING
VIDEOS FROM YOUTUBE
26.1
Third party links provided throughout the Site will let you leave
this Site. These links are provided as a courtesy only, and the sites they link
to are not under the control of Online Shopping Mall in any manner
whatsoever and you therefore access them at your own risk. Online Shopping Mall is in no manner responsible for the contents of any
such linked site or any link contained within a linked site, including any
changes or updates to such sites. Online Shopping Mall is providing these links merely as a convenience, and
the inclusion of any link does not in any way imply or express affiliation,
endorsement or sponsorship by Online Shopping Mall of any linked site
and/or any of its content therein.
26.2
Online
Shopping Mall allows you to share videos from YouTube on the Online Shopping Mall Livestream feature (“YouTube Content”). By
sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of
Service (https://www.youtube.com/t/terms).
27 YOUR CONTRIBUTIONS TO THE SERVICES
27.1
By submitting Content for inclusion on the Services, you represent
and warrant that you have all necessary rights and/or permissions to grant the
licenses below to Online Shopping Mall. You further
acknowledge and agree that you are solely responsible for anything you post or
otherwise make available on or through the Services, including, without
limitation, the accuracy, reliability, nature, rights clearance, compliance
with law and legal restrictions associated with any Content contribution. You hereby
grant Online
Shopping Mall and its successors a perpetual, irrevocable, worldwide,
non-exclusive, royalty-free, sub-licensable and transferable license to use,
copy, distribute, republish, transmit, modify, adapt, create derivative works
of, publicly display, and publicly perform such Content contribution on,
through or in connection with the Services in any media formats and through any
media channels, including, without limitation, for promoting and redistributing
part of the Services (and its derivative works) without need of attribution and
you agree to waive any moral rights (and any similar rights in any part of the
world) in that respect. You understand that your contribution may be
transmitted over various networks and changed to conform and adapt to technical
requirements.
27.2
Any Content, material, information or idea you post on or through the
Services, or otherwise transmit to Online Shopping Mall by any means (each, a "Submission"), is not
considered confidential by Online Shopping Mall and may be
disseminated or used by Online Shopping Mall without
compensation or liability to you for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products. By making a
Submission to Online Shopping Mall, you acknowledge and
agree that Online Shopping Mall and/or other third
parties may independently develop software, applications, interfaces, products
and modifications and enhancements of the same which are identical or similar
in function, code or other characteristics to the ideas set out in your Submission.
Accordingly, you hereby grant Online Shopping Mall and its successors
a perpetual, irrevocable, worldwide, non-exclusive, royalty-free,
sub-licensable and transferable license to develop the items identified above,
and to use, copy, distribute, republish, transmit, modify, adapt, create
derivative works of, publicly display, and publicly perform any Submission on,
through or in connection with the Services in any media formats and through any
media channels, including, without limitation, for promoting and redistributing
part of the Services (and its derivative works). This provision does not apply
to personal information that is subject to our privacy policy except to the
extent that you make such personal information publicly available on or through
the Services.
28 THIRD PARTY CONTRIBUTIONS TO THE
SERVICES AND EXTERNAL LINKS
28.1
Each contributor to the Services of data, text, images, sounds,
video, software and other Content is solely responsible for the accuracy,
reliability, nature, rights clearance, compliance with law and legal
restrictions associated with their Content contribution. As such, Online Shopping Mall is not responsible to, and shall not, regularly monitor
or check for the accuracy, reliability, nature, rights clearance, compliance
with law and legal restrictions associated with any contribution of Content.
You will not hold Online Shopping Mall responsible for
any User's actions or inactions, including, without limitation, things they
post or otherwise make available via the Services.
28.2
In addition, the Services may contain links to third party
products, websites, services and offers. These third party links, products,
websites and services are not owned or controlled by Online Shopping Mall. Rather, they are operated by, and are the property of, the
respective third parties, and may be protected by applicable copyright or other
intellectual property laws and treaties. Online Shopping Mall has not reviewed, and assumes no responsibility for the
content, functionality, security, services, privacy policies, or other
practices of these third parties. You are encouraged to read the terms and
other policies published by such third parties on their websites or otherwise.
By using the Services, you agree that Online Shopping Mall shall not be liable in any manner due to your use of,
or inability to use, any website or widget. You further acknowledge and agree
that Online
Shopping Mall may disable your use of, or remove, any third party
links, or applications on the Services to the extent they violate these Terms
of Service.
29 YOUR REPRESENTATIONS AND WARRANTIES
29.1
You represent and warrant that:
(a)
you possess the legal capacity (and in the case of a minor, valid parent
or legal guardian consent), right and ability to enter into these Terms of
Service and to comply with its terms; and
(b)
you will use the Services for lawful purposes only and in accordance with
these Terms of Service and all applicable laws, rules, codes, directives,
guidelines, policies and regulations.
30 FRAUDULENT OR SUSPICIOUS ACTIVITY
30.1
If Online Shopping Mall, in its sole
discretion, believes that you may have engaged in any potentially fraudulent or
suspicious activity and/or transactions, we may take various actions to
protect Online
Shopping Mall, other Buyers or Sellers, other third parties or you from
Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability.
The actions we may take include but are not limited to the following:
(a)
We may close, suspend, or limit your access to your
Account or the Services, and/or suspend the processing of any transaction;
(b)
We may suspend your eligibility for Online Shopping Mall Guarantee;
(c)
We may hold, apply or transfer the funds in your
Account as required by judgments and orders which affect you or your Account,
including judgments and orders issued by courts in Singapore or elsewhere and
directed to Online Shopping Mall;
(d)
We may refuse to provide the Services to you now and in
the future;
(e)
We may hold your funds for a period of time reasonably
needed to protect against the risk of liability to Online Shopping Mall or a third party, or if we believe that you may be
engaging in potentially fraudulent or suspicious activity and/or transactions;
(f) We may
direct AirPay to recover the amounts subject of the fraudulent or suspicious
activity from your Online Shopping MallPay account, if any
For the
purposes of this Section:
"Chargeback"
means a request that a Buyer files directly with his or her debit or credit
card company or debit or credit card issuing bank to invalidate a payment.
"Claim"
means a challenge to a payment that a Buyer or Seller files directly with Online Shopping Mall.
"Reversal"
means the reversal of a payment by Online Shopping Mall because (a) it is invalidated by the sender's bank, (b)
it was sent to you in error by Online Shopping Mall, (c) the sender of the
payment did not have authorization to send the payment (for example: the sender
used a stolen credit card), (d) you received the payment for activities that
violated these Terms of Service or any other Online Shopping Mall policy, or (e) Online Shopping Mall decided a Claim against you.
31 INDEMNITY
31.1
You agree to indemnify, defend and hold harmless Online Shopping Mall, and its shareholders, subsidiaries, affiliates, directors,
officers, agents, co-branders or other partners, and employees (collectively,
the "Indemnified Parties") from and against any and all claims,
actions, proceedings, and suits and all related liabilities, damages,
settlements, penalties, fines, costs and expenses (including, without
limitation, any other dispute resolution expenses) incurred by any Indemnified
Party arising out of or relating to: (a) any transaction made on the Site, or
any dispute in relation to such transaction (except where Online Shopping Mall or its Affiliates is the Seller in the transaction that
the dispute relates to), (b) the Online Shopping Mall Guarantee, (c) the
hosting, operation, management and/or administration of the Services by or on
behalf of Online
Shopping Mall, (d) your violation or breach of any term of these Terms of
Service or any policy or guidelines referenced herein, (e) your use or misuse
of the Services, or (f) your breach of any law or any rights of a third party,
or (g) any Content uploaded by you.
32 SEVERABILITY
32.1
If any provision of these Terms of Service shall be deemed unlawful,
void, or for any reason unenforceable under the law of any jurisdiction, then
that provision shall be deemed severable from these terms and conditions and
shall not affect the validity and enforceability of any remaining provisions in
such jurisdiction nor the validity and enforceability of the provision in
question under the law of any other jurisdiction.
33 GOVERNING LAW
33.1
These Terms of Service shall be governed by and construed in accordance
with the laws of Washington state without regard to its conflict of law rules. The United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act, to the extent applicable, are
expressly disclaimed. Unless otherwise required by applicable laws, any
dispute, controversy, claim or difference of any kind whatsoever shall arising
out of or relating to these Terms of Service against or relating to Online Shopping Mall or any Indemnified Party under these Terms of Service
shall be referred to and finally resolved by arbitration in Washington in
accordance with the Arbitration Rules of U.S. District Court for the Western District of Washington(W.D.
Wash.) for the time being in force, which rules are deemed to
be incorporated by reference in this Section. There will be one (1) arbitrator
and the language of the arbitration shall be English.
34 GENERAL PROVISIONS
34.1
Online
Shopping Mall reserves all rights not expressly granted herein.
34.2
Online
Shopping Mall may modify these Terms of Service at any time by
posting the revised Terms of Service on this Site. Your continued use of this
Site after such changes have been posted shall constitute your acceptance of
such revised Terms of Service.
34.3
You may not assign, sublicense or transfer any rights granted to you
hereunder or subcontract any of your obligations.
34.4
Nothing in these Terms of Service shall constitute a partnership, joint
venture or principal-agent relationship between you and Online Shopping Mall, nor does it authorise you to incur any costs or liabilities
on Online
Shopping Mall’s behalf.
34.5
The failure of Online Shopping Mall at any time or
times to require performance of any provision hereof shall in no manner affect
its right at a later time to enforce the same unless the same is waived in
writing.
34.6
These Terms of Service are solely for your and our benefit and are
not for the benefit of any other person or entity, except for Online Shopping Mall's affiliates and subsidiaries (and each of Online Shopping Mall's and its affiliates' and subsidiaries' respective
successors and assigns).
34.7
The terms set forth in these Terms of Service and any agreements
and policies included or referred to in these Terms of Service constitute the
entire agreement and understanding of the parties with respect to the Services
and the Site and supersede any previous agreement or understanding between the
parties in relation to such subject matter. The parties also hereby exclude all
implied terms in fact. In entering into the agreement formed by these Terms of
Service, the parties have not relied on any statement, representation,
warranty, understanding, undertaking, promise or assurance of any person other
than as expressly set out in these Terms of Service. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this
Section it might otherwise have had in relation to any of the foregoing. These
Terms of Service may not be contradicted, explained or supplemented by evidence
of any prior agreement, any contemporaneous oral agreement or any consistent
additional terms.
34.8
You agree to comply with all applicable laws, statutes,
regulations and codes relating to anti-bribery and corruption including without
limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and
confirm that you have and shall have in place all policies and procedures
needed to ensure compliance with such requirements.
34.9
If you have any questions or concerns about these Terms of
Service or any issues raised in these Terms of Service or on the Site, please
contacts us at: Online Shopping Mallmall@gmail.com.
LEGAL NOTICES:
Please send all legal notices to legal@Online Shopping Mall.com and Attention it to the “General Counsel”.
I HAVE READ
THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY
REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH
FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL
SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED
MY NAME MANUALLY.
Last updated:
10 August 2022