Terms of Service
1.1 Welcome to the Mytindahan.net Marketplace platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Mytindahan.net account ("Account") so that you are aware of your legal rights and obligations with respect to Sapong Enterprises (the “Company”) and its affiliates and subsidiaries (individually and collectively, "Sapong Enterprises", “Mytindahan.net” "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, 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 the company.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between Site users - the buyer (“Buyer”) and the online seller (“Vendor” or “Seller”). The actual contract for sale is directly between Buyer and Vendor; and Mytindahan.net 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. The Company is not involved in the transaction between Users. The Company may or may not pre-screen Users or the Content or information provided by Users. The Company reserves the right to remove any Content or information posted by you on the Site in accordance to policies stated herein. The COmpany cannot ensure that Users will actually complete a transaction.
1.4 The Company 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. The Company 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. The Company 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 The Company 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 THE COMPANY 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.
(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and The Company; and
(c) 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 The Company’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.
- LIMITED LICENSE
3.1 The Company 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 The Company 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 The Company. You acknowledge that The Company may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. The Company reserves all rights to the software not expressly granted by The Company 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 The Company.
- ACCOUNTS AND SECURITY
5.2 You agree to (a) keep your password confidential and use only your Username 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 The Company of any unauthorized use of your Account, Username 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 Username and Account even if such activities or uses were not committed by you. The Company 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 The Company 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 Username, remove or discard from the Site any Content associated with your Account and Username, withdraw any subsidies offered to you, cancel any transactions associated with your Account and Username, temporarily withhold any sale proceeds or refunds, and/or take any other actions that The Company deems necessary. Grounds for such actions may include, but are not limited to, (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 behavior (d) having multiple user accounts for illegitimate reasons, or (e) behaviour that is harmful to other Users, third parties, or the business interests of The Company. 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, The Company may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify The Company in writing (including via email at firstname.lastname@example.org) of their desire to do so. 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 The Company after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. The Company 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 The Company.
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.
- 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, The Company may take 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) use the Services to harm minors in any way;
(d) use the Services 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 expressed permission of The Company;
(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 for fraudulent purposes;
(j) manipulate the price of any item or interfere with other User's listings;
(k) take any action that may undermine the feedback or ratings systems;
(l) 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 The Company with respect to the Services and/or data transmitted, processed or stored by The Company;
(m) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(n) 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);
(o) 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;
(p) 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 unauthorized form of solicitation;
(q) 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;
(r) 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;
(s) 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;
(t) 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;
(u) 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;
(v) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the Philippine Government, U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(w) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(x) infringe the rights of The Company, including any intellectual property rights and any passing off of the same thereof;
(y) 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
(z) 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 The Company, 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 The Company 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 The Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, The Company and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction 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 The Company or submitted to The Company, including, without limitation, information in The Company Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that The Company may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over The Company 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; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Company, its Users and/or the public.
- 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:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- 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 email@example.com.
- REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 The Users are independent individuals or businesses and they are not associated with The Company in any way. The Company is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorized by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to firstname.lastname@example.org and provide us the documents requested below to support your claim. Do allow us time to process the information provided. The Company will respond to your complaint as soon as practicable.
8.3 Complaints under this Section 8 must be provided in the form prescribed by The Company, 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) details of the listing which contains the alleged infringement; (d) sufficient information to allow The Company to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) 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; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
- PURCHASE AND PAYMENT
9.1 The Company 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) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated The Company Bank Account (as defined in Section 11). Buyer must provide The Company with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in The Company’s app as payment confirmation. If payment confirmation is not received by The Company 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 The Company takes no responsibility and assumes 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 authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
9.4 At the moment, The Company is only able to make payment to Users via bank transfer (BPI) and fund transfer using Globe GCash. Hence, Users are required to provide The Company with his/her banking and Globe GCash details in order to receive payments i.e. from the sale of item or refund from The Company.
- THE MYTINDAHAN.NET WALLET
10.1 The Mytindahan.net Wallet is a service provided by The Company or its authorized 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 Mytindahan.net Wallet. The sum of this money, minus any withdrawals, will be reflected as your Mytindahan.net Wallet balance.
10.2 You may transfer funds from your Mytindahan.net Wallet (up to the amount of your Mytindahan.net Wallet balance) to your linked bank account (“Linked Acount”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. The Company may also automatically transfer funds from your Mytindahan.net Wallet to your Linked Account on a regular basis, as determined by The Company. The Company 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 Requests per week. The Company may impose a fee of ₱20 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 The Company’s discretion.
10.4 Money from your sale of items on The Site shall be credited to your Mytindahan.net Wallet within one (1) day after the item is delivered to the Buyer or immediately after Buyer has acknowledged that they have received the item. Money from refunds of items on The Company shall be credited to your Mytindahan.net 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 Mytindahan.net Wallet balance in the future.
- THE COMPANY GUARANTEE (WITHDRAWAL THRESHOLD)
11.1 The Company Guarantee is a service provided by The Company or its authorized agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by The Company or its authorized agent (“The Company Guarantee Account”) and The Company will not use your funds for its operating expenses or any other corporate purposes. Seller will not receive interest or other earnings from the sum you have paid into The Company Guarantee Account.
11.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in The Company Guarantee Account until:
(a) Buyer sends confirmation to The Company that Buyer has received his/her goods, in which case, unless 11.2(d) applies, The Company will release Buyer’s Purchase Monies in The Company Guarantee Account to Seller;
(b) The Company Guarantee Period (or any approved extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, The Company will release Buyer’s Purchase Monies in The Company Guarantee Account to Seller;
(c) The Company determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 11.2(d) applies, The Company will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as The Company reasonably determines that a distribution of Buyer’s Purchase Monies 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.
The Company Guarantee is only offered to Buyers who have made payment through the channels provided by The Company into The Company Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under The Company Guarantee.
11.3 Payments made through The Company channels will be held in the The Company Guarantee Account for a specified period of time (the “The Company Guarantee Period”); currently it is set to seven (7) days.
11.4 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. The Company 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 The Company 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 authorizes The Company 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.
11.5 The Company 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 Company Guarantee. The The Company 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 The Company accepts no liability in connection with the same. Without limitation, the The Company Guarantee does not constitute a product warranty.
11.6 Buyer and Seller acknowledge and agree that The Company’s decision (including any appeals) in respect of and relating to any issues concerning The Company Guarantee is final.
11.7 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by The Company Guarantee.
12.1 The Company will inform Seller when The Company receives Buyer’s Purchase Monies. Unless otherwise agreed with The Company, 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.
12.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within The Company Guarantee Period.
12.3 Users understand that the 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 The Company will not be liable for any damage, expense, cost or fees resulted thereof and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
12.4 In any case of Cross-Border Transaction. Users understand that all cross-border import and export transaction are subject to local laws and regulations. Seller should familiarize himself/herself with all import and export restrictions that apply to the designating country. Seller acknowledges that The Company cannot provide any legal advice in this regard and agrees that Seller will bear all risks and liabilities associated with import and export of any Seller’s item to the designating country.
- CANCELLATION, RETURN AND REFUND
13.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into The Company Guarantee Account.
13.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of The Company Guarantee Period (7 Days), if applicable, subject to and in accordance with The Company’s Refunds and Return Policy.
13.3 The Company reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into The Company Guarantee Account.
13.4 If you have redeemed The Company Coin for your transaction and you are successful in obtaining a refund based on The Company’s Refunds and Return Policy, The Company shall refund the monies you have actually paid for the item and credit back any redeemed The Company Coin to your Account separately.
- SELLER’S RESPONSIBILITIES
14.1 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.
14.2 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.
14.3 Seller agrees that The Company may at its discretion engage in promotional activities for and on behalf of Seller 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.
14.4 For the purpose of promoting the sales of the items listed by Seller, The Company may post such items (at adjusted price) on third-party websites (such as portal sites, social media sites and price comparison sites) and other websites operated by The Company.
14.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
14.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and The Company 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.
14.7 Seller acknowledge and agrees that Seller’s violation of any of The Company’s polices will result in a range of actions as stated in Section 7.1.
- Paid Advertising
15.1 The Company will be launching keyword advertising and/or other advertising services (hereinafter referred to as "Paid Advertising") on its Paid Advertising Site on an ongoing basis. Sellers may purchase the Paid Advertising services. The Company 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.
15.2 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.
15.3 You understand and agree that The Company does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.
15.4 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, The Company 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.
15.5 IF, NOTWITHSTANDING ANYTING IN THESE TERMS OF SERVICE, THE COMPANY 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.
16.1 Unless otherwise stated, The Company does not charge Users for the use of the Site.
16.2 Where fees are payable, the same will be subject to GST/VAT and other applicable taxes. Unless otherwise agreed, Seller is responsible for such taxes. Seller acknowledges and agrees that The Company may deduct its fees and any applicable taxes from the purchase monies paid by Buyers.
17.1 The Company encourages Users to communicate with each other in the event where problem arises in a transaction. As The Company is a platform for Users to conduct trading, Buyer should contact Seller directly for any issue relating to the Item purchased. In the alternative, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
17.2 Users covered under The Company Guarantee may send written request to The Company to assist them in resolving issues which may arise from a transaction upon request. The Company may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute.
17.3 To be clear, the services provided under this section are only available to Buyers covered under The Company Guarantee. Buyer using other payment means for his/her purchase should contact Seller directly.
18.1 The Company welcomes information and feedback from our Users which will enable The Company to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the Site.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
19.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY 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, THE COMPANY 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.
19.2 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.
19.3 THE COMPANY 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 THE COMPANY AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
- EXCLUSIONS AND LIMITATIONS OF LIABILITY
20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY 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:
20.1.1 (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
20.1.2 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2 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.
20.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, THE COMPANY 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 THE COMPANY GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).
20.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF THE COMPANY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
- LINKS TO THIRD PARTY SITES
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 The Company in any manner whatsoever and you therefore access them at your own risk. The Company 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. The Company 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 The Company of any linked site and/or any of its content therein.
- YOUR CONTRIBUTIONS TO THE SERVICES
22.1 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 The Company. 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 The Company 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.
- THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
23.1 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, The Company 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 The Company responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
23.2 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 The Company. 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. The Company 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 The Company 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 The Company 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.
- YOUR REPRESENTATIONS AND WARRANTIES
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.
You agree to indemnify, defend and hold harmless The Company, 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) the The Company Guarantee, (b) the hosting, operation, management and/or administration of the Services by or on behalf of The Company, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, or (e) your breach of any law or any rights of a third party.
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.
- GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines 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.
- GENERAL PROVISIONS
29.1 The Company reserves all rights not expressly granted herein.
29.2 The Company 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.
29.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
29.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and The Company, nor does it authorize you to incur any costs or liabilities on The Company’s behalf.
29.5 The failure of The Company 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.
29.6 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 The Company's affiliates and subsidiaries (and each of The Company's and its affiliates' and subsidiaries' respective successors and assigns).
29.7 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.
29.8 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 the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
29.9 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 email@example.com
LEGAL NOTICES: Please send all legal notices to firstname.lastname@example.org.
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 BELOW, 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.