1 Introduction
1.1 Welcome to My Shop (the “Platform”). Please read these terms of service carefully before using the My Shop Platform or opening a My Shop account (the “Account”) or opening a My Shop (the “Store”) to understand your legal rights and obligations with respect to My Shop (individually and collectively, “My Shop”, “we” or “our”). The services we provide (the “Services”) include (1) the Platform (including the mobile application), (2) the services provided by the Platform and the My Shop client software, and (3) all information, linked pages, features, data, text, images, photos, graphics, music, sound, videos, messages, tags, content, programming, software, and application services (including but not limited to any mobile application services) provided through the Platform or its related services (the “Content”). Any new or upgraded features of the Service shall also be subject to these Terms of Service. These Terms of Service govern your use of the services provided by My Store.
1.2 My Store Policies: the various terms or conditions applicable to sellers published and updated from time to time on the My Store Platform, including but not limited to the Cross-Border Seller Terms of Service, Privacy Policy, Prohibited and Restricted Goods Policy, My Store Logistics Terms of Service, policies and terms set out in the Seller Center and any new policies and terms subsequently released. Unless otherwise provided in these Terms of Service, the definitions and explanations of terms in the My Store Policies shall apply to these Terms of Service.
1.3 My Shop Platform refers to the websites and mobile shopping applications provided and operated by My Shop, including but not limited to the My Shop shopping websites and mobile shopping clients worldwide.
1.4 If you use the Services or open an account and store on the Platform, you irrevocably accept and agree to these Terms of Service, including the additional terms and policies mentioned/or linked to in these Terms of Service. At the same time, you should also comply with the terms of service rules of the platform where your store is located in each country/region, accept and agree to these Terms of Service, and cannot be exempted from the obligation to read and comply with the terms of service of the platform where your store is located. If there is a conflict between these Terms of Service and the terms of service of the platform on which you have opened your store, the terms of service of the platform on which you have opened your store shall prevail.
If you have signed a written agreement with us for a specific service, the terms of the written agreement shall prevail in the event of a conflict between the terms of the written agreement and these Terms of Service.
1.5 The Services comprise the provision of an online platform service that provides a venue and opportunity for sellers (hereinafter referred to as “you”, “user”, “seller”) to trade goods. The actual sales contract exists between the buyer (hereinafter referred to as “buyer”) and the seller, and My Shop is not a party to such sales contract or other contracts between the buyer and the seller, and My Shop does not assume any obligations with respect to such contracts. The buyer and seller will bear full responsibility for sales contracts, product listings, purchase guarantees and similar matters during the use of my shop's services. My shop is not involved in transactions between users. My shop reserves the right to pre-screen users or content or information provided by users. My shop reserves the right to remove any content or information you provide through this platform in accordance with Article 6.5. My shop does not guarantee that users will actually complete a transaction.
1.6 Before becoming a user of the Service, you must read and accept all the terms contained in and linked to these Terms of Service, and you must agree to the provisions of the Privacy Policy regarding the handling of personal data of sellers and buyers (if any).
1.7 From the time you become a user of the Service, if you violate these Terms of Service and any other rules and policies that you are required to comply with (including but not limited to the additional terms mentioned/or provided in the links to these Terms of Service and the My Store Policy), My Store has the right to these Terms of Service and the relevant rules and policies (including but not limited to the series of disciplinary actions described in Article 7.1 of these Terms of Service) to take appropriate measures against you and the account and store you opened on the Platform (including but not limited to the series of disciplinary actions described in Article 7.1 of these Terms of Service). You promise and agree to accept My Store's handling and bear the corresponding responsibility.
2 Privacy
2.1 My Store takes the protection of privacy very seriously. We have set out in detail our privacy practices in the Privacy Policy. Please read the Privacy Policy carefully to understand how My Store collects and uses the personal information involved in your account and/or your use of the Services. By using the Services or providing information on the Platform, you agree to allow My Store to collect, use, disclose and/or process the content and personal information (if any) involved in your use of the Services in the manner described in the Privacy Policy.
2.2 Users who hold personal data of third parties while using the Service (hereinafter referred to as the “Recipient”) agree to (1) comply with all laws and regulations related to personal data protection; (2) allow the User whose personal data is collected by the Recipient (hereinafter referred to as the “Disclosing Party”) to remove his/her information from the Recipient's database; and (3) allow the Disclosing Party to view what data the Recipient has collected about him/her. In the case of (2) and (3) above, comply with or act in accordance with applicable laws and regulations.
3 Limited License
3.1 My Store grants you a limited and revocable right to log in and use the Service in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property rights (hereinafter referred to as “Intellectual Property Rights”) displayed on the Platform are the property of My Store and, where applicable, the owners of the third parties indicated on the Platform. No right or license to use or reproduce any property is granted, either directly or indirectly, to any party accessing the Platform, and no party accessing the Platform may claim any rights, title or interest in or to any property. By using the Service, you agree to comply with all applicable laws that protect the copyright, trademarks, service marks and all other applicable laws of the Service, the Platform and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent or sell any part of the Service, the Platform or its content, or create derivative works based on them. You may also not mirror or frame any part or the entire content of the Platform on any other server or display it as part of any other website/platform without our prior written consent. Furthermore, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content (except for the use of standard search engine technology to direct web users to the Platform in the case of search websites) without our prior written approval.
3.2 We welcome links from your website to this platform, provided that your website/platform does not imply any endorsement by or affiliation with My Store. You understand that My Store may discontinue providing some or all of the Services at any time in accordance with legal and regulatory requirements or in good faith.
4 Software
Any software that we provide to you as part of the Service is subject to these Terms of Service. My Store reserves all rights not expressly granted herein. Any third-party scripts or code that are linked to or referenced by the Service are licensed to you by the third parties that own such scripts or code (not by My Store).
5 Accounts and security
5.1 Some features of the Service require the creation of an account and a store. To create an account and a store, you will need to choose a unique user identifier (your “User ID”) and password, and provide some personal information. If your chosen user ID is determined by My Store to be illegal, improper or inappropriate, My Store reserves the right to suspend or terminate your account or to freeze or close your store. You may use your user ID and password to log in to other products, websites or services that we have enabled access to or have an alliance or cooperative relationship with. My Store has not reviewed any third-party content, functions, security, services, privacy policies or other specifications of these products, websites or services. If you do, the terms of service for those products, websites or services, including their respective privacy policies (if different from our terms of service and/or privacy policy), will also apply to your use of those products, websites or services.
5.2 You agree to (1) keep your password confidential and use only your user ID and password to log in, (2) ensure that you log out of your account at the end of each session, (3) notify My Store immediately of any unauthorized use of your account, user ID and/or password, and (4) ensure that your account information is correct and updated in real time. You are responsible for maintaining the confidentiality of your account access credentials, and all activities or transactions under your account (including without limitation those under sub-accounts you may have established under your main account) are deemed to be your activities. You are fully responsible for all activities that occur under your user ID, store and account, even if you may not have actually performed the activities or uses. My Store shall not be responsible for any loss or damage arising from any unauthorized use of your password or your failure to comply with this section.
5.3 The email address, contact information, etc. you use for registration must belong to you and/or your authorized representative. My Store reserves the right to verify the information you submit. You agree that My Store may disclose, transfer or grant access to the above information to third-party service providers and verify the information. Otherwise, My Store reserves the right to refuse to provide this service.
5.4 Your My Store account is owned by My Store, which has the right to manage your account in accordance with legal and regulatory requirements or in good faith. You agree that My Store may terminate your account and your user ID immediately upon separate notice to you in accordance with legal and regulatory requirements or in good faith, remove any content related to your account and user ID from the Platform, withdraw any subsidies provided to you and cancel any transactions related to your account and user ID. My store will also explain to you the reasons for such termination, including but not limited to: (1) failure to log in and operate your account or operate the store you opened for a long time (more than 30 days and above); and/or if you have not placed an order for more than one year (whether the account is used or not); (2) violation of the terms of service; (3) there is sufficient evidence to confirm that the user has engaged in fraud, harassment, defamation, threats, insults, or other illegal or illegal behavior that violates the rules of each site; (4) may have multiple user accounts and duplicate store openings based on improper or illegal intentions; (5) payment is seized by judicial or administrative authorities; (6) the user submits false or forged identity verification information, which is verified to be true; or (7) harmful to other users, third parties or my store business interests (such as infringement of third party intellectual property rights, fictitious transactions, abuse of free shipping or discounts, etc.). If you use your account for fraudulent, harassing, defamatory, threatening, insulting or other illegal purposes, we may report this to the relevant law enforcement authorities without notifying you.
5.5 If your account with My Store is closed due to serious violations, you may not re-register an account. If you are found to have re-registered an account, My Store reserves the right to immediately stop providing the Services and close your seller account.
5.6 You have the right to terminate these Terms of Service between My Store and you at any time in the manner agreed upon by the parties. If a user wishes to terminate his/her account and store, he/she may notify My Store in writing (email to [email protected] or contact your account manager). Even after the account and store have been terminated, you are still responsible for any unfinished transactions (whether initiated before or after termination), product delivery, payment for products and other transaction-related matters, and you must notify My Store after promptly and effectively performing and completing all unfinished transactions in accordance with these Terms of Service. My Store is not responsible for any damages arising from actions taken pursuant to these terms.
5.7 You may only use the Services and/or open an account/or open a store in countries that we may update from time to time.
6 Your undertakings and warranties
6.1 You warrant that you have full right and/or authority to sell the goods that you list on the Shopee My Store Platform and that such goods, whether manufactured, assembled, produced or otherwise provided by you, are
(1) are of proper and legal origin and, unless otherwise stated in the product details, are new and authentic;
(2) strictly comply with all product warranties provided by you to the My Shop platform, as well as specifications, drawings, samples, performance standards or other descriptions of the goods provided by the seller to the My Shop platform;
(3) have the performance that the goods should have, and any defects in the performance of the goods have been described;
(4) comply with current laws and regulations, not violate any current laws and regulations of China and the region where the store is located, meet the requirements for safeguarding personal and property safety and environmental protection, meet the quality standards stipulated by relevant departments, and not infringe the rights (including intellectual property rights) of any third party; and
(5) there are no claims of infringement of any goods by a third party, or any claims, demands or legal actions regarding the manufacture, sale, distribution or use of the goods. And My Store will not receive any third-party allegations of infringement as a result of your selling products on My Store's platform.
6.2 Promises and Guarantees:
(1) You agree and guarantee that My Store will not directly or indirectly infringe the rights (including intellectual property rights) of any third party by advertising, marketing or promoting your goods through any means (whether on the My Store platform or other media) or by using the information you provide to advertise, market or promote your goods.
(2) You promise and guarantee that the information you provide can be used by My Store to advertise, market or promote your goods (whether on the My Store platform or other media), and does not contain any content that is defamatory or otherwise violates the laws and regulations in effect in the region where the store is located, and is complete, accurate and reliable. You undertake to notify My Store immediately and correct any errors or updates to the materials you provide. You shall be solely responsible for any content you publish or otherwise make available using the My Store platform and services, including but not limited to the accuracy, reliability, appropriate authorization and non-infringement of any content provided, as well as compliance with laws and legal restrictions.
(3) You promise and guarantee that you own or are authorized to use all rights related to the goods you sell, and that you have obtained any official consent, waiver, approval, authorization, registration, license or declaration required to ensure that My Shop has the right to advertise, market or promote the seller's goods, and hereby authorize My Shop to use the above rights within the scope agreed in these Terms of Service for the purpose of advertising, marketing or promoting the seller's goods (whether on the My Shop platform or in other media). This authorization is irrevocable, non-exclusive, royalty-free and sublicensable;
(4) You undertake that you will only collect, disclose, use and process Buyer Information within the scope of the purposes agreed in these Terms of Service. You may not transfer any Buyer Information without the prior written consent of My Shop and the Buyer. If you obtain the prior written consent of My Shop, you shall comply with the laws and regulations in force, the relevant My Shop policies and My Shop's reasonable instructions, and the Seller shall take appropriate protective measures for such Buyer Information at its own expense. You shall be responsible for the collection, disclosure, use, processing or loss of Buyer Information by your subcontractors or service providers. You undertake to indemnify My Store for losses, including loss of goodwill, arising from your breach of this obligation or from its performance of the obligation due to your intentional or negligent breach of this obligation. You shall bear the costs or expenses incurred by you or your subcontractors or service providers in complying with this obligation.
(5) You promise that you have full rights and legal authority to enter into these Terms of Service and the actual sales contract with the buyer, that the content of the terms is binding and enforceable on you, that you have legally registered as a market entity and fulfilled your tax obligations according to law, and that you have obtained the relevant administrative licenses and qualifications according to law if required.
(6) You promise that the information you provide to my store or you provide to buyers through my store platform is accurate, valid and up-to-date; you promise that you will protect consumers' right to know and fulfill your obligation to disclose information. You shall truthfully describe the goods you post for sale, including but not limited to providing buyers with a true and complete description of the goods and services you provide on all channels provided by My Shop, including but not limited to the product description page, store page, internal messaging system, etc., including but not limited to the methods and prices of services such as logistics, after-sales, and insurance, as well as the basic attributes, functions, packaging, condition, defects, price, etc., of the goods. You shall not make false or misleading statements.
(7) You promise that the copies of qualification and authorization documents and other information you provide to my store are true, legal and valid, and that the contact information you provide to my store (such as email address and telephone number) is valid and unobstructed, and my store can use the above contact information to establish contact with you. If there are any changes to the relevant qualification information and materials, you shall promptly provide the latest information to My Store. If you provide false or invalid documents or fail to provide documents in a timely manner, resulting in disputes or penalties imposed by the relevant state authorities, you shall bear the legal liability arising therefrom. If you cause losses to My Store (including its partners, agents, employees, etc.), you agree to compensate My Store for all losses, and My Store has the right to stop paying for your goods until these Terms of Service are terminated.
(8) You promise that the signing and performance of these Terms of Service and all related actions in the actual sales contract with the buyer will not violate any applicable laws, regulations, rules, orders, judgments, injunctions, or other requirements of courts or administrative authorities in the location of your account and the location where your store is opened.
(9) You promise to use this platform and sellers in the cross-border e-commerce business activities, will consciously abide by the import and export and foreign exchange supervision and management of the laws, administrative regulations and relevant state regulations involved in each site; including the content of the laws and regulations to be observed.
6.3 The user license for this service shall remain valid until the termination of these terms of service. Such license shall terminate in the event of termination of these terms of service or in the event that you fail to comply with any of the terms or conditions of these terms of service. In such cases, My Shop may unilaterally terminate the license, and you shall bear the corresponding liability for compensation for actual losses caused to My Shop.
6.4 You agree not to:
(1) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, distressing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(2) violate any law or regulation, including but not limited to regulations regarding import and export restrictions or violate our “Prohibited and Restricted Goods” policy and other related policies;
(3) upload, post, transmit or otherwise make available any content regarding minors without the written consent of the minor's parent or guardian, or use the Service in any way to harm minors;
(4) use the Service to impersonate any third party or misrepresent your relationship with any third party;
(5) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(6) delete any proprietary rights notices from the Platform;
(7) cause, permit or authorize the modification, creation of derivative works or translation of the Service without the express permission of my store;
(8) use the Service for the benefit of any third party or in any way not permitted by these Terms, including but not limited to, without the written consent of my store, to transfer accounts of the Service in part or in whole, or to sell, or transfer, or authorize a third party to use, etc.;
(9) use the Service or publish product information or sell products in a fraudulent, unreasonable, false, misleading or deceptive manner (including but not limited to false shipping, serious mismatch of goods, failure to sell after a transaction, malicious cancellation of a large number of orders, etc.);
(10) register or operate multiple user accounts at the same time in any way that violates these Terms of Service;
(11) Use emulators, simulators, robots or other similar hardware or software to access the My Shop platform, open an account or access a user account.
(12) Manipulate the price of any goods or interfere with other users' publication behavior;
(13) Perform any action that will disrupt the feedback or ranking system;
(14) attempt to decompile, reverse engineer, disassemble or hack the Service (or any part thereof), or attempt to circumvent any encryption or security technology used by My Store to protect the Service and/or the information transmitted, processed or stored by My Store;
(15) harvest or collect and/or use any information about any person obtained in the use of the Service, including without limitation any personal data or information;
(16) 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);
(17) 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;
(18) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
(19) upload, email, post, transmit or otherwise make available any data containing computer viruses, worms, Trojan horses or any other computer code, routines, files or programs designed to interrupt, manipulate, disrupt, destroy or limit, directly or indirectly, the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(20) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a way which affects the real-time communication of other users;
(21) interfere with, manipulate or disrupt the Service or the servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(22) take any action or engage in any conduct that could, directly or indirectly, damage, disable, overburden or impair the Service or the servers or networks connected to the Service;
(23) use the Service to intentionally or unintentionally violate any applicable local, state, provincial, national or international law, regulation, code, directive, guideline, policy or regulation, including but not limited to any laws and regulations related to anti-money laundering or anti-terrorism (whether or not having the force of law);
(24) use the Service to invade the privacy of others, “stalk” or otherwise harass others;
(25) infringe the rights of My Shop, including any intellectual property rights and related counterfeiting;
(26) use the Service to collect or store personal data about any third party for any of the prohibited acts and activities set out above; and/or
(27) publish/sell content that infringes the copyright, trademark or other intellectual property rights of a third party, or use the Service in a way that infringes the intellectual property rights of others.
6.5 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 My Store, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Platform (including without limitation any mistakes or omissions in any content). You understand that by using the Platform, you may be exposed to content that is offensive, indecent or objectionable. To the maximum extent permitted by applicable law, My Store shall not be liable in any way for any Content, including without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of reliance on any Content posted, emailed, transmitted or otherwise made available via the Platform by you.
6.6 You understand that My Store and its trustees have the right (but not the obligation) to pre-screen, refuse, delete, remove or move any content provided through the Platform (including but not limited to content or information provided by you through the Platform) as required by laws and regulations or in line with the principle of good faith. For example My Store and its trustees have the right to remove any content that (1) violates these Terms of Service; (2) is subject to a complaint by another user; (3) we receive notice of a violation of intellectual property rights or other legal claim requiring removal; or (4) is otherwise objectionable. In addition, we may also prevent you from using the communication features of the Service (including but not limited to status updates, postings, messages and/or chat rooms) in order to protect the Service or other users, or to enforce the terms and conditions. You agree, understand and have assessed all the risks associated with the use of any content, including but not limited to reliance on the accuracy, completeness or usefulness of such content. Similarly, you acknowledge that you have not relied and will not rely on any Content created by or submitted to My Store, including without limitation information in My Store forums and all other parts of the Website.
6.7 You acknowledge, permit and agree that My Store may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (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 safety of My Store, its and in compliance with the following requirements: (1) complying with legal procedures; (2) enforcing these Terms of Service; (3) responding to any claims of content infringing the rights of third parties; (4) responding to your customer service requests; or (5) protecting the rights, property or personal safety of my store, its users and the public.
6.8 If you fail to comply with the provisions of this chapter, you have seriously violated the seller's obligations to make commitments and guarantees, and my store reserves the right to manage the market in accordance with these rules. For the purpose of maintaining a good and sustainable marketplace and protecting the rights and interests of buyers, My Store reserves the right to conduct random inspections of product quality and authentications (including but not limited to purchasing or obtaining from consumers, authentications by independent third-party quality inspection agencies or brand rights holders, instructing cooperative logistics companies to assist in random inspections, etc.). When My Store checks from time to time whether the goods sold by sellers have a legal source and are genuine, you are obliged to retain and produce evidence of the legal source of the goods. If My Store has reason to believe that the inspection results are unsatisfactory, or the seller is unable to provide relevant proof, My Store has the right to take restrictive measures against the seller or store.
6.9 If the following situations occur when the brand you operate is operated on the platform, My Store will have the right to remove the brand's goods from the platform in accordance with these Terms of Service, and you may not continue to operate:
(1) Branded goods are proven by my store or a third-party professional organization to have been produced by a manufacturer without the required production qualifications and do not meet national, local, industry, or enterprise mandatory standards;
(2) The brand is judged by my store or a third-party professional organization to constitute counterfeiting of another person's trademarks, trade names, packaging and decoration, business names, product quality marks, etc., or to be likely to cause consumer confusion or misidentification;
(3) The brand has been proven to have a high dispute rate, high complaint rate, and low market recognition during the period of operation in my store. The average score of the brand's product description is seriously lower than the industry average, which seriously affects the consumer experience. There is no significant improvement within one (1) month after being notified by my store.
7 Violation of our Terms of Service
7.1 Violation of these Terms of Service may result in a series of disciplinary actions, including but not limited to some or all of the following:
- A warning, which refers to My Store's verbal or written reminder and admonition of the seller's misconduct;
- Deletion/removal of posted goods and/or restriction of goods being posted to the store;
- Withholding of prohibited goods or goods not allowed to be sold on the platform contained in the order;
- Cancellation of subsidies already enjoyed, such as transportation subsidies;
- Restriction of account permissions;
- Freezing of account funds;
- Criminal proceedings;
- civil claims, including but not limited to claims for damages and/or applications for injunctive relief.
7.2 If you become aware of any violation of these Terms of Service by any user of the Platform, please notify 请联络[email protected].
8 Reporting of intellectual property infringement
8.1 The User is an independent individual or business and is not affiliated with My Store in any way. My Store is not the User's agent or authorized representative, nor does it hold or have ownership of any of the goods listed on the Platform.
8.2 You agree to bear full responsibility for any failure to notify or update your intellectual property rights documents in a timely manner. You warrant that all documents provided by you to My Store are true, accurate and not time-barred (i.e. all intellectual property rights documents are valid for the entire period of performance of the Terms of Service). If a dispute arises due to the above reasons or you are punished by the competent authorities of the relevant country, you shall bear all the responsibilities independently, and if you cause losses to My Store (including its partners, agents, employees, etc.), you agree to compensate My Store for all losses.
8.3 If you are an intellectual property rights holder (hereinafter referred to as “IP rights holder”) or an agent legally authorized by an intellectual property rights holder (hereinafter referred to as “IP agent”), and you believe that your or your client's intellectual property rights have been infringed, you have the right to send a written notice of the relevant infringement facts and prima facie evidence of infringement to [email protected], and have the right to require My Store to take the necessary measures in accordance with the law. For details of the requirements for written notices, please see Article 8.7 below. Please allow my store the time necessary to process the information you provide. My store will respond to your request as soon as practicable.
You acknowledge that if your notice of infringement is not in proper form, is incomplete, or otherwise does not comply with Section 8.7 below, my store will notify you that you have a reasonable period of time to supplement it, and that if you do not do so, my store may treat the notice as withdrawn.
8.4 After receiving the infringement notice, My Store will promptly take the necessary measures and forward the notice from the IP rights holder or IP agent (hereinafter collectively referred to as the “notifier”) to the operator of My Store's platform (hereinafter referred to as the “notified party”) who, in the notifier's opinion/designation, infringes intellectual property rights. You, as the notifier, understand that if the notified party suffers damage due to your erroneous notification, you shall bear civil liability according to law and My Shop may face any claims due to your erroneous notification; if you maliciously send an erroneous notification, causing losses to the notified party and claims against My Shop, you will bear double compensation.
8.5 If you are the notified party, my store has the right to take necessary measures against you, such as deleting goods, blocking, removing goods from the shelves, terminating transactions and services, freezing accounts and funds, and withholding funds. After you, as the notified party, receive a notice of infringement of intellectual property rights, you may submit a statement (hereinafter referred to as the “statement”) to my store platform that there is no infringement of intellectual property rights. The statement shall include prima facie evidence that there is no infringement of intellectual property rights.
8.6 If you are the notifier, after My Shop receives the statement of the notified party in accordance with Article 8.5, it will promptly forward the statement to you and inform you that you may file a complaint with the relevant competent authorities or file a lawsuit with the people's court. If My Shop does not receive notice that you have filed a complaint or lawsuit within the time limit prescribed by law, My Shop shall have the right to promptly terminate the measures taken in accordance with the preceding provisions in accordance with the law.
8.7 Infringement notifications made in accordance with 8.3 should be provided in the format specified by my store (which my store has the right to update at any time), and should include all of the following information: (1) the physical or electronic signature of the notifier; (2) prima facie evidence of infringement: a description of the type of intellectual property right that is claimed to have been infringed and the nature of the infringement, as well as proof of ownership of that right (including but not limited to proof of ownership of intellectual property rights in the sales market local intellectual property ownership proof); (3) specific details of the goods published in the reported infringement; (4) information sufficient to allow my store to contact the notifier, such as the notifier's address, telephone number and email address; (5) a written statement from the notifier stating that the report is made in good faith and that the infringer's use is not authorized by the intellectual property owner or by law; indicating that the information contained in their report is true and correct, and if there is an error, the notifier is willing to bear civil liability for false notification. If false notification is made maliciously, the notifier shall be liable for double compensation according to law. If damage is caused to the notified party, the notifier shall be liable for double compensation according to law. If damage is caused to my store, the notifier shall be liable for double compensation according to law. is true and correct, and if there is an error, the notifier is willing to bear the civil liability caused by the false notification. If the false notification is made in bad faith and causes damage to the notified party, the notifier shall be liable for double compensation according to law. If it causes damage to my store, the notifier is willing to bear the full liability for damages caused by the false notification. (7) Other materials that the notifier considers necessary to provide for the claim.
8.8 My store will promptly publicize notices, statements, and results of handling related to intellectual property infringement reports.
9 My store performance guarantee
9.1 My store performance guarantee is a shopping protection service provided by my store or its authorized agents to buyers (applicable to some my store platforms, please refer to the platform announcement of each site for applicable regions and rules). To provide protection against liability risks, the purchase payments made to you through the use of this service will be held by My Store or its authorized agents (hereinafter referred to as the “My Store Performance Guarantee Account”), and My Store will not use these payments for operating expenses or any other company purposes. My Store will not pay interest or other income to sellers for the payments made by buyers to the My Store Performance Guarantee Account.
9.2 If My Shop Guarantee is applicable to the site where you have set up your store, after a buyer pays the payment for his/her order (the “Order Amount”), the Order Amount will be retained in My Shop Guarantee Account until the buyer gives My Shop the appropriate payment instructions or in other circumstances where My Shop reasonably determines that the Order Amount is appropriately disposed of, My Shop will pay the Order Amount held in My Shop Guarantee Account to you.
(1) If the Buyer sends my store a confirmation that it has received the goods, my store will pay you the order amount in my store's performance guarantee account (minus the seller's share of shipping costs (if applicable), transaction fees and taxes (if applicable), and cross-border fees (if applicable, as defined below));
(2) if the period of my store's performance guarantee expires, my store will pay you the order amount in my store's performance guarantee account (minus the seller's portion of shipping costs (if applicable), transaction fees and taxes (as defined below), and cross-border fees (if applicable, as defined below));
(3) If my store confirms that the buyer's return and/or refund application is successful, my store will refund the buyer in accordance with the applicable refund and return policies of the site where the store is opened. Other circumstances include, but are not limited to, situations where my store reasonably determines that the buyer's order amount (minus the seller's portion of shipping costs (if applicable), transaction fees and tax amounts (as defined below) and cross-border fees (as defined below, if applicable)) has been properly disposed of, including but not limited to situations where it reasonably believes that applicable laws or court orders should be followed or these Terms of Service should be enforced.
9.3 My Store Performance Guarantee only applies to buyers who pay to My Store Performance Guarantee account via the means offered through My Store. Offline or offline transactions between buyers and sellers are not covered by My Store Performance Guarantee.
9.4 Currently, My Store can only pay you through a third-party payment channel. Therefore, you must provide My Store with your detailed payment information for receiving payments (e.g., payments from the sale of goods or My Store refunds).
9.5 If for any reason the funds cannot be deposited into your designated receiving account and/or you cannot be contacted, My Store will use reasonable efforts to contact you using the contact information you provided. If you cannot be contacted and the buyer's purchase price remains unclaimed for more than twelve (12) months after it was due to be paid to the seller, My Store will dispose of such unclaimed buyer's purchase price in accordance with any applicable laws. The Seller must be the beneficial owner of the account and may only trade on the Platform on his/her own behalf. My Store reserves the right to request your relevant business and personal details, such as recent ID photos, bank account details and/or any other such necessary documentation (including but not limited to those required for third-party payment verification processes or logistics delivery services), for verification purposes. You hereby agree that My Store may process or provide to third parties your information for the purpose of facilitating the Seller's use of the Platform and authorize My Store to use your information to conduct user identity verification procedures with the appropriate entities (such as the Seller's/Buyer's bank) as My Store deems necessary. For more information on how My Store processes your information involving personal data, please visit our privacy policy page.
9.6 My Store's performance guarantee is in addition to, and does not limit, your legal obligations under applicable law which may exceed My Store's performance guarantee. My Store's performance guarantee is not intended to, nor is it designed to, assist users in complying with their legal obligations, and users remain solely responsible for their legal obligations under applicable law, and My Store assumes no liability in connection with such legal obligations. In addition, My Store's performance guarantee does not constitute a warranty/guarantee by My Store for any product on the My Store Platform.
9.7 For the avoidance of doubt, any transaction not conducted on the Platform is not covered by the My Shop Performance Guarantee.
10 Shipping
10.1 My Shop will notify you when an order is received on the My Shop Platform to arrange for shipment. Unless otherwise agreed by My Shop, you shall, after receiving such notification, make the necessary arrangements to ship the purchased goods to the Buyer and provide the Buyer with details such as the name of the shipping company and the tracking number via the Platform.
10.2 If the site where you have set up your store applies the My Store Performance Guarantee, from the date the buyer pays the money into the My Store Performance Guarantee account to the date My Store pays the money kept in the My Store Performance Guarantee account to you (hereinafter referred to as the “My Store Performance Guarantee Period”), you must do your best to ensure that the buyer can receive the purchased goods within the My Store Performance Guarantee Period.
10.3 You understand that you will bear the risks associated with the delivery of the goods sold at your own risk, and you may, at your own discretion, insure the delivery of the goods sold for adequate coverage based on My Store's suggestions (if any). If you arrange for the delivery of the goods yourself, you understand and agree that My Store shall not be liable for any losses, expenses or fees incurred as a result of damage to or loss of the goods or failure to deliver the goods during the delivery process. You shall contact the logistics service provider to resolve related disputes.
10.4 You should understand that all cross-border transactions shall be subject to the import and export laws and regulations of the place of shipment. You should be familiar with the relevant import and export restrictions of the country where the goods are sold. You understand that My Store does not provide legal advice on import and export-related matters and agree that you will bear all risks and responsibilities related to the import and export of goods in cross-border transactions.
10.5 If you arrange for the delivery of goods yourself, you may choose to use the paid overseas warehousing and logistics services provided by My Store (hereinafter referred to as the “overseas warehouse service”). If you use the overseas warehouse service, My Store will provide you with warehouse proxy operation services in the buyer's region/country in accordance with (1) your written authorization (if applicable), (2) the overseas warehouse agreement signed between My Store and you, (3) the overseas warehouse service terms, operating procedures and usage instructions published on the My Store platform (if applicable), etc. (collectively referred to as the “overseas warehouse service rules” hereinafter). If you apply to use the overseas warehouse service, it means that you have fully read, understood and agreed to all the contents of the overseas warehouse service rules. If you do not agree with all or part of the overseas warehouse service rules, please do not use the paid overseas warehouse logistics service.
11 Seller responsibilities
11.1 You shall properly manage and ensure that the information of the goods you post, such as the price and details of the goods, the quantity in stock, the terms and conditions of sale, etc., is updated, and shall not post inaccurate or misleading information.
11.2 You determine the price for the goods you sell. Unless otherwise agreed with the buyer, the total amount charged to the buyer shall include the price of the goods and shipping and handling charges, as well as all other fees, including VAT, customs duties (if applicable), etc. You shall not charge the buyer for such fees separately and additionally.
11.3 You agree that My Store may, acting in good faith and at its discretion, carry out promotional activities for you or on your behalf through marketing methods to promote transactions between buyers and sellers. The final price actually paid by the buyer will be the price after such adjustments have been applied.
11.4 In order to promote the goods you have published, My Store may list these goods (at the adjusted price) on third-party websites (such as portals and price comparison websites) and other websites (domestic or foreign) operated by My Store.
11.5 At the buyer's request, you must provide the buyer with a receipt, credit card statement or tax invoice.
11.6 You acknowledge and agree to bear all tax liabilities/customs duties, etc. in relation to the sale of goods. My Store does not provide any legal or tax advice. As tax laws and regulations may change at any time, you should seek professional advice if you have any questions.
11.7 You acknowledge and agree that if you violate any of My Store's policies, you agree to accept the series of disciplinary actions as described in Article 7.1 of these Terms.
12 Fees
12.1 You shall pay My Shop a transaction fee for each order in accordance with the transaction rules of the respective My Shop platform. The transaction fee is the fee paid to the third-party transaction clearing service provider/bank. The charging standard is updated from time to time due to the financial policies of various regions or the adjustment of cross-border transaction fees by third-party transaction clearing service providers/banks. You need to pay special attention and pay attention to the update notices issued by My Shop.
12.2 For orders concluded on the My Store platform, the seller shall pay the corresponding commission to My Store. Information on the collection and calculation of the commission and other related information is published in the designated bulletin board or seller center of My Store, which will be updated from time to time. You must pay special attention and pay attention to receiving the update notifications sent by My Store.
12.3 If there are any fees payable, they will include service tax/value-added tax and other applicable taxes. Unless otherwise agreed by the parties, you shall bear the aforementioned taxes. You acknowledge and agree that My Store may deduct its fees and any applicable taxes from the payment made by the Buyer. If requested by the Seller, My Store shall provide the Seller with a receipt or tax invoice (if applicable) for the fees and taxes paid. If you do not have sufficient balance in your store on the applicable Site to deduct its fees and any applicable taxes, you hereby agree that My Store may deduct its fees and any applicable taxes from the balance in your store on other Sites.
12.4 You acknowledge and agree that the applicable payment method, currency and exchange rate standard for fee settlement between you and My Store shall be determined and adjusted in accordance with the policies or rules published by My Store at the time. If you do not agree to this clause, you should communicate with the account manager in time. The seller may choose to suspend, suspend or terminate the service, or reach a mutually agreed fee settlement agreement with My Store in writing. You warrant that you will pay My Store the fees (including but not limited to advertising fees, storage fees, shipping fees, transaction fees, and return refunds incurred by your use/purchase of My Store's services) in accordance with My Store's policies and rules. If you fail to pay the corresponding fees in full and on time, you acknowledge that My Store will have the right to send you a letter (including but not limited to written official correspondence or email) to request that you pay/make up any fees you owe within the time limit. You acknowledge that if you fail to pay within the time limit as required by the relevant policy rules and the deadline as required by My Store's letter (if any), My Store has the right to deal with you accordingly in accordance with the relevant policy rules and these Terms of Service.
12.5 You acknowledge and agree that the minimum withdrawal amount is 100 USD.
12.6 You acknowledge and agree that My Store reserves the right to change the details of any offer without prior notice.
13 Marketing Services
13.1 My Store will successively launch keyword advertising and/or other marketing services (hereinafter referred to as “Marketing Services”) on the My Store platform, including but not limited to traffic packages, JBP on various sites, Internet celebrity marketing, coins back, off-site traffic (such as Facebook ads, etc.) and any marketing plans launched by My Store in the future. Sellers are welcome to purchase marketing services as part of their product marketing strategies. My Shop provides paid marketing services in accordance with these Terms and the service content, purchase process and usage instructions etc. (hereinafter referred to as the “Marketing Service Rules”) published on the My Shop platform from time to time. By applying to purchase marketing services, you represent that you have fully read, understood and agreed to all the contents of the Marketing Service Rules. If you do not agree to any of the contents of the Marketing Service Rules, please do not purchase.
13.2 You may only purchase Marketing Services if you are a Seller who complies with the Marketing Services Rules and the publisher of the goods. Your account and store must not be suspended at the time you purchase and pay for the Marketing Services.
13.3 After you purchase a Marketing Service, you shall pay the marketing fees in the manner and standard specified in My Store. Unless otherwise provided by applicable laws or the Marketing Service Rules and other marketing service rules, etc., once you apply to purchase a Marketing Service and complete the payment, you may not cancel the order and/or request a refund.
For Advertising Services: (1) You can check the status of your advertising fees in your advertising account; (2) My Store accepts multiple methods of recharge, subject to the then-current methods available for account recharge; (3) If you activate the auto-recharge function for your account, you can select the minimum account balance and auto-recharge amount, and agree to have the amount charged to the order amount (if any) that is due from My Store in accordance with My Store policies; and (4) other My Store marketing service rules, policies and requirements related to Advertising Services.
13.4 You may choose to purchase advertising marketing services when you start to publish your goods, or you may choose to purchase advertising marketing services during the period of publication of your goods. You may set different budgets, keywords, marketing periods, etc. for different goods in accordance with the marketing service rules. The marketing services for the goods will be enabled according to your settings until they expire or the advertising account balance is zero. If the product is sold or removed from the shelves during the marketing period you set, the marketing expenses incurred will not be refunded, and you may not request to transfer the remaining marketing period to other products.
13.5 Your posted products shall comply with relevant laws, marketing service rules, My Shop terms of service and prohibited and restricted product policies. You understand and agree that if My Shop discovers or receives a report that your product violates or may violate the above provisions, My Shop has the right to immediately remove your non-compliant products and advertisements, and the marketing fees you have paid will not be refunded. In addition, if the competent authorities or judicial units request my store to remove the goods or advertisements through legal and formal procedures, my store will directly remove them without refunding any fees. My store is not liable for any compensation or liability for goods or advertisements removed for reasons based on this article.
13.6 You understand and agree that My Store does not guarantee or warrant that your products will increase views or sales as a result of purchasing marketing services.
13.7 You are advised to purchase and use marketing services based on full consideration of the current budget and the marketing effect you want to achieve for individual products. Unless otherwise provided in these Terms of Service or the rules for marketing services, My Store does not assume any compensation, indemnification or other liability for the expected goals or actual results of marketing activities.
13.8 If My Store is liable for any damages under applicable law in connection with the Marketing Services you purchased, you understand and agree that the total liability of My Store shall be limited to the fees you paid for the Marketing Services purchased on that occasion.
14 Disputes
14.1 In the event of a problem with a transaction, My Store encourages users to negotiate amicably between themselves. Since My Store is only a platform for users to conduct transactions, sellers should directly contact the buyer if they have any problems related to the buyer's purchase of goods. Alternatively, you may seek the assistance of its local competent dispute processing authority to resolve any disputes arising from the transaction.
14.2 You agree not to sue or otherwise make any claim against my shop or my shop's affiliates in respect of any dispute arising from any transaction with a buyer on the website.
15 Feedback
My Store welcomes any suggestions and comments to help My Store improve the quality of its services. Please refer to the following feedback procedure:
(1) To provide feedback, please send an email or use the feedback form in the app to send it to us.
(2) Anonymous feedback will not be accepted.
(3) The user whose feedback is being provided should be fully informed of all facts and given the opportunity to express their opinion.
(4) Vague and defamatory feedback will not be accepted.
16 Service Statement
16.1 This service is provided on an “as is” basis. My Store makes no express, implied or statutory warranties, claims or representations about this service, including, but not limited to, the warranties of quality, effectiveness, non-infringement, merchantability or fitness for a particular purpose, or any warranties that may arise from course of dealing, usage or trade practice. Without limiting the foregoing, and to the maximum extent permitted by law, My Store does not warrant that the Service, the Platform or the functions contained therein will be provided, or that such Service, the Site or the functions contained therein will be accessible, uninterrupted, timely, secure, or error-free; that defects, if any, will be corrected; or that the Platform and/or the Platform server(s) are free of all viruses, clocks, timers, counters, worms, software locks, kill devices, Trojan horses, routes, trap doors, time bombs or if any) will be corrected; and does not guarantee that the Platform and/or the Platform server are completely free of viruses, clocks, timers, counters, worms, software locks, lethal devices, Trojans, routes, trap doors, time bombs viruses or any other harmful program code, instructions, procedures or components.
16.2 You acknowledge that, to the fullest extent permitted by law, you assume all risks associated with the use of the Platform and/or the Services.
16.3 My Store has no control over, and provides no warranty or assumption of liability for, any of the following to the fullest extent permitted by law: (1) the merchantability, authenticity, quality, safety or legality of goods offered for sale through the Services; or (2) the ability of sellers to supply goods or the ability of buyers to pay for them. If a dispute involves one or more users, you agree to resolve the dispute directly between you and to release My Store and its affiliates from any and all claims, demands and damages arising out of or in connection with such disputes to the fullest extent permitted by law.
17 Exclusion and limitation of liability
17.1 To the fullest extent permitted by applicable law, in no event shall My Store be liable, whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or tort), product liability, strict liability or other theory) or otherwise, for any action brought by you under law, statute, ordinance or otherwise, for
17.1.1 (1) loss of use; (2) loss of profits; (3) loss of revenue; (4) loss of data; (5) loss of goodwill; or (6) in any case, failure to achieve expected gains, whether direct or indirect; or
17.1.2 any indirect, incidental, special or consequential damages arising from or in connection with the use of or inability to use the Platform or the Services, including but not limited to any damages resulting therefrom, even if My Store has been advised of the possibility of such damages.
17.2 You acknowledge and agree that your sole and exclusive right and remedy for any problems or dissatisfaction with the Services is to request termination of your account and/or cease using the Services.
17.3 Nothing in these Terms of Service limits or excludes My Store's liability for death or personal injury resulting from My Store's negligence, or any other liability that cannot be limited or excluded by law.
18 Your content posted and submitted on the Service
18.1 By posting and submitting any content to the Service, you represent and warrant that you have all necessary rights and/or licenses and grant My Store the following authorizations. You also acknowledge and agree that you shall be solely responsible for any content that you post or otherwise make available via the Service, including but not limited to the correctness, reliability, nature, non-encumbered character and compliance with legal and regulatory requirements of any content provided. You hereby grant My Store and its successors a perpetual, revocable, worldwide, non-exclusive, royalty-free/royalty-free/license-free, sublicensable and transferable license to use, reproduce, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform such content in, through and in connection with the Service related to the Service, in any media format, through any media channel, to use, copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform such Content, including without limitation for promoting and redistributing part of the Service (and derivative works thereof). You understand that your submitted Content may be transmitted over various networks and may be changed to conform and cooperate with technical requirements.
18.2 Any material, information or idea you transmit to my store or post or otherwise transmit to my store via the Service (each a “Submission”) will be considered non-confidential and may be disseminated or used by my store for any purpose, including, but not limited to, developing, manufacturing and marketing products, without any payment to you. By submitting to my store, you acknowledge and agree that my store and/or other third parties may independently develop software, applications, interfaces, products and revised and enhanced versions thereof with features, programming code or other characteristics that are the same as or similar to those in your submission. Accordingly, you hereby grant to My Store and its successors a perpetual, revocable, worldwide, non-exclusive, royalty-free/royalty-free/license-free, sublicensable and transferable license to develop the aforementioned items in any media format via or in connection with the Service and through any media channels, to develop the foregoing, and to use, reproduce, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display and publicly perform any Submissions, including without limitation for promoting and redistributing part of the Service (and derivative works thereof). This provision shall not apply to personal information protected by privacy laws, unless you publicly provide such personal information on or through the Service.
19 Third-party content submitted to the Service and external links
19.1Each provider of data, text, images, sound, video, software and other content submitted to the Service shall be solely responsible for the correctness, reliability, nature, non-encumbrance and compliance with legal and statutory restrictions of the content submitted by him.
19.2In addition, the Service may contain links to third-party products, websites, services and solutions. These third-party links will take you outside of the platform. These links are provided for your convenience only and the linked sites are not under the control of My Store, so you access them at your own risk. Therefore, My Store is not responsible for the content of any such linked site or any link contained in a linked site, including any changes or updates to such sites. My Store is providing these links to you only as a convenience, and the provision of any link is not an express or implied endorsement, guarantee or sponsorship by My Store of the linked site and/or any content therein.
19.3 You understand that third-party links, products, websites and services are not owned or controlled by My Store, but are each operated and owned by third parties and may be protected by applicable copyright or other intellectual property laws and treaties. These third-party content, features, security, services, privacy policies or other norms have not been reviewed by My Store. We recommend that you read these terms and other policies provided by these third parties on their websites or otherwise. You also acknowledge and agree that My Store has the right to directly remove any third-party links or applications on the Service that violate applicable regulations or these Terms of Service, without prior notice to you or obtaining your consent.
20 Fraudulent or suspicious activities
20.1 If My Store believes, based on a user report or its own due diligence, that you may be involved in any potential fraudulent or suspicious activity and/or transactions, we may take various actions to protect My Store, users, third parties or to protect you from chargebacks, refunds, claims, fees, fines or other liabilities. Actions we may take include, but are not limited to, the following:
(1) We may close, suspend or restrict your account access and/or suspend processing of any transactions;
(2) We may suspend your My Shop performance guarantee eligibility;
(3) We may freeze, use or transfer funds in your account in accordance with a valid judgment, ruling or order that applies to you or your account (including instructions and judgments issued by courts where your account is located and where the store is opened),
(4) We may temporarily or permanently refuse to provide services to you;
(5) We may freeze your account and funds for a reasonable period of time in case you may be liable to my Store or my Store users or third parties, or if we believe you may be engaged in potentially fraudulent or suspicious activities and/or transactions.
20.2 For the purpose of the above provisions of this section (i.e. Section 20):
(1) “Chargeback” means a request by a buyer to have a payment reversed directly with their debit or credit card company or the bank that issued the debit or credit card.
(2) “Claim” means contesting a payment made by a buyer or seller directly to my store.
(3) “Cancellation” means that My Store's request for payment is cancelled because (a) it was not authorized by the sender's bank; (b) it was sent to you in error by My Store; (c) the sender of the payment was not authorized to send the request, for example because the sender used a stolen credit card; (d) you have received payment in breach of My Store's Terms of Service or any other My Store policy, or (e) My Store decides to make a claim against you.
21 Damages
You agree to indemnify, defend and hold My Store and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, allegations, actions and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including but not limited to, any other dispute resolution costs), you will indemnify, defend and hold the Indemnified Parties harmless from and against any and all claims, allegations, actions and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including hosting, operation, administration and/or management services performed by or on behalf of My Store, (4) your breach or violation of any term of these Terms of Service or any policy or guideline referenced herein, (5) your use or misuse of the Services, (6) your violation of the law or the rights of a third party, or (7) any content uploaded by you.
22 Severability
If any provision of these Terms of Service is held to be illegal, invalid or unenforceable under governing law, such provision shall be deemed severable from the other terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction, as well as the validity and enforceability of such provision in any other jurisdiction.
23 General Provisions
23.1 My Shop reserves all rights not expressly granted in this Agreement.
23.2 My Store reserves the right to change, modify, suspend or discontinue, in whole or in part, the Platform or the Services at any time, in order to comply with legal requirements or upon good faith grounds. My Store may release certain Services or features on a trial basis, and these Services or features may not operate correctly or as in the final release. My Store may also impose limits on certain features or restrict your access to all or part of the Platform or the Services upon legal requirements or upon good faith grounds.
23.3 My Store may amend the content of these Terms of Service (including the additional terms and policies referred to/or provided in the links in these Terms of Service) at any time by posting the revised Terms of Service on the Platform, and notify you by announcement or email, or SMS or App push notification, etc. 7 days before the revised Terms of Service take effect. If you have any comments on the revised Terms of Service have any comments, you should send them in writing to: [email protected]. If you do not submit written comments to My Store within 7 days of receipt of the aforementioned notice and continue to use the Service, you will be deemed to have agreed to and accepted this revised version of the Terms of Service (including the additional terms and policies mentioned in these Terms of Service/or provided in the links in these Terms of Service).
24.4 You may not assign, sublicense, transfer or sub-contract any of your rights granted under the Services or any of your obligations under the Services without My Store's prior written consent.
24.5 Nothing in these Terms of Service shall be construed as creating a partnership, joint venture or principal-agent relationship between you and My Store, nor authorize you to assume any costs or obligations on My Store's behalf.
24.6 The failure of My Store to require performance of any provision of these Terms at any time does not affect its right to require performance of that provision at a later time, unless such a right is waived in writing.
24.7 These Terms are entered into for the benefit of you and us only, except for My Store's affiliates (including successors and assigns of My Store and its affiliates and subsidiaries), and not for the benefit of any other person or legal entity.
24.8 The terms contained in these Terms of Service, as well as any agreements and policies contained or referenced in these Terms of Service, constitute the entire agreement and understanding between the parties with respect to the Services and the Platform and, except as otherwise expressly agreed in writing by the parties, supersede any prior agreements and understandings between the parties with respect to the same. No statement, promise, warranty, understanding, undertaking or confirmation provided by any person has been made in the course of the parties' negotiations of these Terms of Service which is not expressly provided for in these Terms of Service. The parties hereby exclude all implied terms.
24.9 You agree to comply with all anti-corruption laws, regulations, rules and guidelines, including but not limited to the Chinese Anti-Unfair Competition Law, the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act, and confirm that you have adopted and shall adopt all necessary policies and procedures to ensure compliance with the foregoing regulations.
24.10 You shall strictly abide by the laws and regulations prohibiting commercial bribery, and resolutely refuse commercial bribery, bribes and other gifts of improper commercial practices.
24.11 Commercial bribery referred to in this Agreement refers to all direct or indirect gifts, whether in kind or in cash, such as cash, rebates, entertainment, travel, etc., given by you or your staff to my store employees in order to obtain cooperation with my store and the benefits of such cooperation.
24.12 No employee or department of my store may solicit or accept money, goods or gifts of any kind from you. If you find any of my store's employees engaging in the above behavior, you should promptly report it to my store.
24.13 You may not, as a seller or in any other personal capacity, directly or indirectly offer any employee of my store, their relatives or associates any gift of money, goods, securities, shares or other means of providing improper benefits, as this is considered to be an infringement of my store's interests. Unjustifiable benefits include but are not limited to cash, checks, credit gift cards, samples, or other goods, entertainment tickets, membership cards, rebates, commissions, employment or home purchases, seller-paid travel, banquets, and personal services in the form of money or goods.
24.14 If any of my store employees asks you for any form of improper benefits, you should promptly report the incident and provide relevant evidence to my store. After investigation by the relevant personnel of my store, a decision will be made and the matter will be kept confidential. My store accepts your complaints via email: [email protected].
24.15 If you bribe any employee of my store in order to obtain any improper business benefits or more special business treatment, or if you do not cooperate with my store in investigating and punishing the bribery of its employees, my store will permanently cease all cooperation with you, and take measures against you according to the law, such as suspending the payment of all accounts payable. At the same time, you shall pay my store RMB 50,000 as liquidated damages. If the circumstances are serious and cause major economic losses, my store will transfer them to the local judicial authorities for handling according to law.
24.16 Electronic documents exchanged between my store and the user in accordance with these terms of service, which can be presented in their entirety and retrieved for inspection at a later date, shall have the same validity as physical written documents. However, this shall not apply where the law or an announcement by an administrative authority precludes this. Unless otherwise specifically agreed, references to written form in these terms of service shall include written and electronic form.
24.17 To ensure the security of user data and provide a secure trading platform, My Store cooperates with financial institutions that have passed the international PCI DSS information security certification to process payment operations, and continuously carries out independent management of internal information security protection. If there is any dispute about a third party breaking the protection measures of My Store's information system or exploiting vulnerabilities in the information system, My Store will bear the burden of proof that there is no such fact.
24.18 The user shall notify My Store immediately upon becoming aware of any unauthorized use of their account password. My store shall notify the user immediately upon becoming aware of the fraudulent use of the user's account password, and shall suspend the payment instructions indicated by the account and the acceptance of subsequent payment instructions for the account. My store shall bear the losses incurred after the user has completed the procedures for reporting the fraudulent use of the account password; the user shall bear all losses incurred before the user has completed the procedures for reporting the fraudulent use of the account password, except in the following circumstances:
(1) the User fails to keep the User ID and/or password properly;
(2) the User provides the User ID and/or password to others;
(3) the User fails to use the account security mechanism provided by My Store; or
(4) other causes due to the User's intentional or gross negligence.
The cost of investigating the fraudulent use of the User's account and password shall be borne by My Store.
24.19 If you and the buyer have any consumption disputes other than return and refund on My Store's platform, you can request assistance from My Store through the customer service mailbox, phone number or online platform, and provide corresponding supporting documents such as orders, logistics and shipping, product delivery or chat records between the buyer and seller within the specified period as required by My Store. After My Store completes the investigation, it will decide to suspend the transaction or take other necessary measures to assist the user in resolving the dispute in accordance with the principle of good faith.
24.20 The term “trade secrets” as used in these Terms includes, but is not limited to, the content of this Agreement, any supplementary agreements, and other confidential information involved in the course of cooperation. Neither party may disclose, disseminate, edit or display such information to any third party without the consent of the provider of the trade secret. The disclosing party shall not be liable for the disclosure of trade secrets with the written consent of the other party and the compulsory administrative or judicial acts of the state; nor shall the disclosing party be liable if the trade secret has become known to the public.
25.21 Merchants and sellers must comply with the 24-hour timely delivery to customers to avoid customer complaints and maintain the image of my store mall. If the seller policy regulations are violated, the system will detect and freeze the funds account. An activation fee of 1500$-3000$ deposit is required to activate the account. Normal operation review will resume normal withdrawal. In serious cases, the mall will revoke the store's operating rights!
26.22 If a merchant is unable to continue operating a store for personal reasons, they must contact customer service to apply for store closure. The application must be submitted 72 hours in advance. After all outstanding orders have been processed and the store has passed system review, store closure will be accepted. During the period of store review and closure, the system will not accept any withdrawals. Withdrawals must wait until all orders have been completed. Contact online customer service to process normal withdrawals!