Policy
E-TmaLL seller settlement agreement
You are welcome to sign the "E-TmaLL Seller Settlement Agreement" (hereinafter referred to as "this Agreement") with the E-TmaLL seller service provider (see definition terms) and use E-TMall seller services!
Before you use E-TmaLL's seller services (hereinafter referred to as the "Service"), you should read and agree to abide by this Agreement, including the main text and attachments of this Agreement, the Consumer Rights Protection Law, and all relevant rules of Miaomai (see definitions the term).
This Agreement is a split revised version of the E-TmaLL Platform Service Agreement. From the date of signing this agreement, the seller content related to E-TmaLL in the "Platform Service Agreement" mentioned by E-TmaLL refers to this agreement.
The keywords listed in front of these Terms of Service are only used to help you understand the subject matter of these Terms and do not affect or limit the meaning or interpretation of these Terms. In order to protect your own rights and interests, it is recommended that you carefully read the specific expressions of each clause.
[Read carefully] During the process of creating a store, before clicking to agree to this agreement, you should carefully read the entire content of this agreement (especially the disclaimer or limitation of liability, termination of agreement, liability for breach of contract, etc.), dispute resolution, etc. are marked with thick underlines Terms). If you have any questions about the agreement, you can consult E-TMall customer service and E-TMall will explain the terms to you.
[Signing Behavior] When you click to sign this agreement online, it means that you have fully read, understood and accepted all the contents of this agreement. This agreement is legally binding between you and E-TMall. If you do not agree with any content of this Agreement or cannot accurately understand the meaning and interpretation of the terms, please stop the store creation process or stop store operating activities.
1. Definition
E-TmaLL: refers to the e-commerce platform website (the website is www.etmall.club or the computer or mobile device Internet address modified from time to time according to business needs, etc.) and client (such as mobile APP)) provided by Miao Group to provide Internet information services and related Software and technical support.
Seller: refers to the legal entity that operates goods or services in E-TmaLL group buying, and may also be referred to as "you" in this article.
Consumer: refers to any natural person or organization who purchases goods or services for consumption in E-TmaLL group buying, also known as "buyer".
E-TmaLL's seller service providers: including E-TmaLL Buying Network Co., Ltd. and E-TmaLL (Singapore) Software Co., Ltd., individually or collectively referred to as "E-TmaLL" in this article.
Seller services: refers to the Internet information services and related software services provided by E-TmaLL group buying to sellers in E-TmaLL group buying. Among them, Internet information services are provided by Miaomai Network Co., Ltd., and related software services are provided by E-TmaLL (Singapore) Software Co., Ltd. The services under this Agreement are provided and terminated at the same time. Time, seller cannot order or use separately.
Rules: refers to all rules, implementation details, explanations, product process descriptions, announcements, etc. that have been released and will be released later in the E-TmaLL rules channel, forum, help center and other sections.
Same user: If the same identity authentication information is used or E-TmaLL investigation finds that multiple accounts are actually controlled by one person, they will be deemed to be the same user.
2. Scope and effectiveness of the agreement
2.1 [Scope of Agreement] Contents of this Agreement: The main text and attachments of this Agreement, the Consumer Rights Protection Law and various cross-border malls have been promulgated or subsequently promulgated and notified to you in accordance with the law. E-TmaLL Related Rules The text of this agreement has the same legal effect. By using E-TmaLL seller services, you are deemed to have agreed to the entire content of this agreement. Unless otherwise stated or signed, any service scope or software function enhancement based on the purpose of improving consumer and seller experience, platform service upgrade, etc. shall be applicable to this Agreement.
2.2 [Effectiveness of the Agreement] When you click and sign this agreement online, it means that you have fully read, understood and accepted all the contents of this agreement. Legal binding between E-TmaLL. If you do not agree with any content of this agreement, or cannot accurately understand the meaning of the terms or E-TmaLL's interpretation of the terms, you should immediately end the process of creating a store or stop the operation of the store.
This agreement is a supplement to the E-TmaLL platform service agreement. For content not agreed upon in this Agreement, the E-TmaLL Platform Service Agreement shall prevail; if this Agreement is inconsistent with the E-TmaLL Platform Service Agreement, this Agreement shall prevail.
three. Seller services and specifications
3.1 Account use and information submission
3.1.1 [Account Usage] When using the seller, you must use the E-TmaLL platform account to log in to E-TmaLL, and you should keep your account and password information properly. Since your account is associated with your personal information and cross-border business information, your account is only for your own use. E-TmaLL agrees that any authorization you directly or indirectly authorize a third party to use your E-TmaLL account or access the information under your account is invalid. Except for the fault of E-TmaLL, you shall be responsible for the results of all actions under your account (such as signing agreements online, publishing, disclosing information, etc.). Actions completed through your account are deemed to be your own actions or have been fully authorized by you. If Miaomai determines that the use of your account may endanger the security of your account and/or the security of E-TmaLL platform information, E-TmaLL may refuse. Provide corresponding services or terminate this agreement.
3.1.2 [Information Submission] If you want to use this website, you must submit relevant information and certificates in accordance with relevant laws and regulations, relevant cross-border mall rules, page prompts and other requirements. You understand and agree that you are obliged to ensure that the information and materials you provide are true, legal, accurate and valid. If there are any changes, they must be updated promptly. Based on relevant laws, regulations, platform management and other requirements, you agree that E-TmaLL can conduct random checks on the information and supporting documents you submitted, and require you to submit more information or supporting documents for the above purposes. You understand and accept that E-TmaLL will only review applications for seller information, supporting documents, store creation, category publishing permissions, etc. at the level of general public awareness. Unless otherwise provided by law, Miaomai is not responsible for losses caused by the results of the seller's trust review.
3.2 Store management
3.2.1 Create a store By creating a store on E-TmaLL, you can publish new products and conclude transactions with other users. Based on the needs of Miaomai management, you understand and accept that the same user can only open one store in E-TMall, and E-TMall can close other stores you opened in E-TmaLL at the same time, unless there are other regulations, see E-TMall for details. TmaLL purchase related rules.
3.2.2 [Change of store operating entity] Since the store and the account are inseparable, the change of the store operating entity is essentially the transfer of the store operator. Relevant requirements and restrictions on changes in store operating entities apply to the transfer clause in Article 3.2 of the "Miaomai Platform Service Agreement", because the store is related to your and E-TmaLL's business information, which may involve consumer interests, and can only be provided by law. Under the circumstances, the operating entity of the store can be changed only after a judicial ruling or when the conditions and procedures for changing the operating entity are met. E-TmaLL rules stipulated by our store. Once your store business entity is successfully changed, the rights and obligations under your account will be transferred together. In addition, your store/account may not be transferred in any way, otherwise E-TmaLL may terminate the service for the account and has the right to pursue your liability for breach of contract. The resulting responsibilities and consequences shall be borne by you.
3.2.3 [Shop Closing] If you temporarily close the store because all products are removed from the shelves, you shall continue to bear the transaction guarantee responsibilities such as product delivery, returns and exchanges, warranty repairs, and rights protection and complaint handling. Deals made before your store closes.
If your store has no products for sale within a certain period of time, E-TmaLL can also close your store according to E-TmaLL's rules. Closing your store in accordance with the above agreement will not affect your accumulated credit.
3.3 Sales and promotion of goods and/or services3.3.1 [Publish product and/or service information] In the services provided by E-TmaLL, you have the right to publish product and/or service information, solicit and find trading partners, and conclude transactions in the following forms: text, pictures, videos , audio and other forms are all in E-TmaLL. You declare and guarantee that you have corresponding legal rights to the information you publish, that the information you publish and the actions you perform comply with relevant laws and regulations, national mandatory standards and these regulations, and you assume responsibility for the management of the store. Information in your store that violates relevant national laws and regulations and the provisions of this Agreement should be deleted immediately. Otherwise, Miaomai may delete or block the information you posted in accordance with the law or the provisions of this Agreement.
3.3.2 [Prohibited Information] You should ensure that the information you publish does not contain the following content:
(1) Violating prohibitive provisions of national laws and regulations;
(2) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or instigation of crime;
(III) Fraudulent, false, inaccurate or misleading;
(4) Infringe on the intellectual property rights of others or involve third-party trade secrets and other proprietary rights;
(5) Insulting, slandering, intimidating, involving other people’s privacy, and infringing on other people’s legitimate rights and interests;
(6) There are viruses, Trojans, crawlers and other malware and program codes that may destroy, distort, delete, affect the normal operation of any system of the Cross-Border Mall or obtain the data and personal information of the Cross-Border Mall. The border store pings the mall and other users without authorization;
(7) Other issues that violate social public interests, public morals, or are inappropriate to be posted on E-TMall according to relevant Miaomai agreements and rules.
3.3.3 [Prohibited Sales Scope] You should ensure that you have the corresponding rights to the goods and/or services you publish on E-TmaLL. You must not on E-TmaLL:
(1) Prohibited or restricted by the state;
(2) Infringe on others’ intellectual property rights or other legitimate rights and interests;
(3) According to the clear instructions in E-TmaLL rules, announcements, notices or the agreements signed between each platform and you, it is not suitable for sale and/or provision on Miaomai.
Based on the characteristics of the Internet, you understand and know that the products you publish on E-TmaLL may be viewed and purchased by consumers in different countries and regions around the world. E-TmaLL will not be involved in possible cross-border sales without clear instructions to only sell to mainland China. In this case, you should carefully pay attention to the relevant laws and tax regulations of the relevant countries and regions, and ensure that you have the legal rights and qualifications to sell and will not infringe the intellectual property rights or other legal rights of others. rights and interests.
3.3.4 [Display, Marketing and Promotion] E-TmaLL sells goods and/or services and provides users with information classification, keyword retrieval, filtering and collection functions to better match user needs. The corresponding display results can include comprehensive determination of price, sales volume, inventory, credit evaluation, brand, service level, compliance management, user demand preferences and retrieval habits, competitiveness and other factors.
You have the right to decide how your goods and/or services are marketed and promoted. E-TmaLL also provides you with a variety of marketing promotion tools, and will launch marketing activities from time to time based on market demand and sellers' operating conditions. Before you sign up to participate in the above activities, you have fully understood that the qualifications and effects of the activities may be affected by factors such as the positioning of the activities, the competitiveness of the products/stores, comprehensive rankings, and the degree of cooperation with the activities. Once you choose to register, you promise to always abide by the relevant rules and requirements of the corresponding event. Without the consent of E-TMall, you promise not to withdraw from the activity, and jointly ensure a good user experience and the stable and orderly development of the activity.
3.3.5 [Transaction Order Guarantee] You should abide by the principle of good faith and ensure that the product and/or service information you publish is true and consistent with the goods and/or services you actually sell and/or sell. Provide and fulfill your trading commitments during the transaction process.
You shall maintain the healthy order of competition in the E-TmaLL market, shall not disparage or slander competitors, shall not interfere with any transactions and activities on E-TmaLL, shall not improve or attempt to improve your credit in any improper manner, shall not interfere or attempt to Interfere with the normal operation of E-TmaLL in any way.
3.3.6 [Pay taxes in accordance with the law] It is the obligation of every citizen and enterprise to pay taxes in accordance with the law. You should promptly and completely declare to the tax authorities the excess of your sales/turnover over the statutory tax exemption amount.
3.4 Consumer protection
[Responsible Subject] You understand and agree that, as the responsible subject for the protection of consumer rights and interests, you should perform your obligations to protect consumer rights and interests in accordance with relevant laws and regulations, the Consumer Rights Protection Law and the relevant rules of cross-border malls. , including basic consumer protection services such as true product descriptions, refund policies, fulfillment of special transaction agreements, and deposit payments. The specific regulations are subject to the Consumer Rights Protection Law and the relevant rules and regulations of the E-TMall network.
3.5 Transaction dispute resolution
[Transaction Dispute Resolution] If you have a dispute with other users during the E-TmaLL transaction, you or any other user has the right to choose the following methods to resolve:
(1) Negotiate independently with the other party to the dispute;
(2) Use the dispute mediation service provided by E-TmaLL;
(3) Request a legally established consumer association or other mediation organization for mediation;
(4) Complain to relevant administrative departments;
(5) Submit it to an arbitration institution for arbitration according to the arbitration agreement (if any) reached with the other party to the dispute;
(6) B files a lawsuit in the People's Court.
[Platform Mediation Service] If you use the Miaomai Dispute Mediation Service in accordance with the rules of E-TmaLL, it means that you accept and are willing to implement the mediation decision made by the customer service or public reviewer ("Mediation") as an independent third party of E-TmaLL. The three parties, based on the facts of the dispute that they have learned, are one or both parties to the transaction in accordance with the rules of E-TmaLL (including adjusting the transaction status of relevant orders, deciding to pay all or part of the disputed amount, etc.). Before E-TmaLL's mediation decision is made, you can choose the above (3), (4), (5), (6) methods (hereinafter referred to as "other dispute resolution methods") to resolve the dispute in order to suspend the E-TmaLL group purchase Dispute resolution services.
If you are not satisfied with the mediation decision, you still have the right to use other dispute resolution methods to resolve the dispute, but you should still honor the mediation decision until you get a final decision through other dispute resolution methods.
3.6 Data use and information authorization, etc.
3.6.1 [General Requirements] Regarding the data generated during the use of services, E-TmaLL respects and protects the data rights of you and other relevant subjects in accordance with the law. The relevant rights of E-TmaLL Group Purchase in the use of this service and the data collected and recorded by other Meow Group Purchase belong to E-TmaLL Group Purchase and are E-TMall Group Purchase. With the prior written consent of E-TmaLL Group Purchase, you shall not use the above data for purposes other than those stipulated in this agreement, or provide the above data to others in any form.
3.6.2 [Business Secrets] E-TmaLL respects and protects the seller’s business secrets such as the seller’s store turnover, the turnover of a certain category or single product, etc. In order to promote the seller’s store or product, E-TmaLL’s total transaction volume of store activities, ginsengAdd the transaction volume of a certain category or individual product during official market activities. E-TmaLL group purchase (including "Double 12"). The above information may also be used for promotional purposes.
3.6.3 [Authorized Use] To the extent permitted by law, for the purpose of promoting related products and/or brands, you agree to grant E-TmaLL free copying (such as simultaneous display on multiple clients), modification (such as for mobile terminals) Fine-tuning the visual experience), adaptation (such as adding design elements to the overall platform activities), translation (such as translation to meet the browsing needs of overseas users) and subdivision rights to license to third parties according to the above purposes and methods.
3.6.4 [Data Usage] All official products, technologies, software, programs, data and other information (including text, icons, pictures, photos, audio, videos, charts, color combinations, layout designs, etc. launched by E-TmaLL) are Belongs to E-TmaLL and its affiliated companies. Except for data that you have the right to use for commercial purposes according to relevant laws, you agree not to use E-TMall for commercial purposes, including but not limited to copying, disseminating or disclosing to others with the prior written consent of other users on E-TmaLL group purchasing. behavior in the form of.
3.6.5 [Information Disclosure] Within the scope permitted by law, for example, consumers and rights holders may reasonably need to file a complaint with the relevant authorities or file a lawsuit in court with the name, ID number, address, and contact information of the E-TmaLL store operator. You agree that E-TmaLL may disclose the above information to it.
3.6.6 [Personal Information Protection] You must strictly abide by the requirements of laws related to network security and data protection. Among them, when you share E-TmaLL during the operation of the store, you must follow the principles of legality, fairness, and necessity, and must not violate the provisions of relevant laws and the agreement between you and the user, including: without other authorization from the user, you should only The user's order information and other necessary information related to the transaction are used for the purpose of purchasing goods or services and completing after-sales. Services stipulated in the cross-border mall's privacy policy; it is prohibited to use user information without the user's explicit consent or beyond the scope of the user's authorization or to illegally provide the user's personal information to others.
If the information you submit to the platform involves sensitive personal information such as a copy of the company's legal representative's ID card or ID number, you guarantee that you have obtained the explicit consent of the relevant personal information subject, and that the relevant purposes and actions comply with your wishes and the requirements of relevant laws. .
3.6.7 [Personal Information Security] You should take necessary technical measures to ensure data security. When information security risks exist or may exist, you should immediately take remedial measures, inform users and report to the relevant authorities in accordance with regulations.
3.6.8 [Trade Restrictions] Please pay attention to and strictly abide by laws and regulations such as import and export controls, trade restrictions, and economic sanctions that may affect your trading behavior to avoid causing losses to you or buyers, and ensure that you abide by the laws and regulations applicable to the relevant software of this platform. All laws and regulations related to the import and export of technology and services. In order to meet the needs of transaction order and security on the Miaomai platform, if you violate the above commitments, E-TmaLL can actively carry out operations such as dropping goods and closing relevant trading orders after discovering your behavior. The above situation.
3.6.9 [Main Information] Under this agreement, E-TmaLL’s seller service provider may purchase according to Miaomai. E-TmaLL's seller service provider will work with you to perform this agreement and provide you with services. Changes to the E-TmaLL seller service provider will not affect your rights and interests under this agreement. If you use the new seller service provided by the new seller Miaomai, you will be deemed to agree that Miaomai will perform this agreement with you. When a dispute occurs, you can determine your performance subject and the other party to the dispute based on the services you use and the specific objects of behavior that affect your rights and interests.
Four. cost
4.1E-TmaLL has paid a substantial fee for the services E-TmaLL provides to you. Except for E-TmaLL's express delivery charging business, the services provided by E-TmaLL are currently free of charge. If E-TmaLL charges you reasonable fees in the future, E-TmaLL will take reasonable measures to go through legal procedures within a sufficiently reasonable period in advance and notify you in accordance with the method stipulated in Article 8 of this Agreement to ensure that you have sufficient choose.
5. Limitation of Liability
5.1 [Force majeure and third-party reasons] E-TmaLL shall perform its basic guarantee obligations in accordance with legal provisions. However, if there are obstacles, defects in performance, delays in performance or changes in the performance of the contract due to the following reasons, E-TmaLL shall not Bear liability for breach of contract:
(1) Caused by force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;
(2) Caused by power supply failure, communication network failure and other public service factors or third-party factors;
(3) When E-TmaLL has been operating with integrity, due to factors such as routine or emergency equipment and system maintenance, equipment and system failures, network information and data security, etc.
5.2 [Massive information] In view of the existence of massive information in E-TmaLL group buying in the information network environment and the characteristics of separation of information and physical objects, E-TmaLL group buying does not need to review the transaction behavior of all sellers and buyers and other matters related to the transaction. in advance, but if consumers, regulatory authorities, rights holders and other three parties find that the seller, goods or information have product quality problems, infringement of intellectual property rights, transaction fraud and other illegal/improper behaviors based on the product E-TmaLL or E-TmaLL’s transactions or stores It may violate relevant laws and regulations and this agreement. You agree that E-TmaLL reasonably judges that the relevant content is based on the relevant processes of the platform and in accordance with public awareness standards. E-TmaLL may issue notices to sellers or require corrections, or directly delete relevant information, according to different circumstances. Take restrictive measures against sellers. Store or stop service. Except for Miaomai, E-TmaLL is not subject to the above judgment.
5.3 [Mediation Decision] You understand and agree that in the dispute mediation service, E-TmaLL customer service and public reviewers are not professionals and can only judge the certificates submitted by users and/or sellers based on general public knowledge. Therefore, except for intentional or gross negligence, the statute of limitations does not bear the responsibility for dispute mediation decisions.
six. User’s breach of contract and handling
6.1 Determination of breach of contract
If any of the following circumstances occurs, you will be deemed to have breached the contract:
(1) Violating relevant laws and regulations when using cross-border mall seller services;
(2) Violation of this Agreement;
In order to adapt to the development of e-commerce and meet the needs of a large number of users for efficient and high-quality services, you understand and agree that E-TmaLL may stipulate breach procedures and standards in the relevant rules of E-TmaLL. purchase. For example, E-TmaLL can determine whether you have committed a breach of contract based on the relationship between your user data and massive user data; you are obliged to provide sufficient proof and reasonable explanations for your abnormal data, otherwise it will be regarded as a breach of contract.
6.2 Breach of contract handling
[Information Processing] If the information you publish on E-TmaLL constitutes a breach of contract, E-TmaLL can immediately delete, block the corresponding information or remove your products according to the corresponding rules and conduct supervision.
[Conduct Restrictions] If your behavior on E-TmaLL or behavior not implemented on E-TmaLL but affecting Miaomai and its users constitutes a breach of contract, E-TmaLL can deduct points from your points. account, restrict your participation in marketing activities, suspend some or all services, and deduct liquidated damages in accordance with corresponding rules. If your behavior constitutes a fundamental breach of contract, Miaomai may ban your account and terminate services to you.[Illegal account processing] When you violate the contract, there are specific situations such as fraud, counterfeit products, misappropriation of other people's accounts, or there are risks that endanger other people's transaction security or account security, E-TMall will order E-TmaLL Network Co., Ltd. to act according to the risk of your behavior To some extent, we may take compulsory measures such as canceling collections and stopping payment of funds on your E-TmaLL account.
[Disclosure of processing results] E-TmaLL can publish on E-TmaLL the information on the handling measures against your above-mentioned breach of contract and other illegal information confirmed by the effective legal documents of the national administrative or judicial authorities.
6.3 Liability
If your behavior causes losses to E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd., you shall be liable for compensation in accordance with this agreement. You shall compensate E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd. for losses (if any) including:
(1) Reasonable attorney fees, litigation costs and expenses required to eliminate the impact;
(2) Fines, liquidated damages or external expenditure compensation arising from administrative penalties, judicial judgments, and mediation within the scope of legal standards;
(3) Loss of goodwill and loss of reasonably expected benefits (such as loss of consumers, reduction in spending, reduction in consumption frequency, reduction in store operator income, etc.). The specific amount can be calculated based on the relevant estimation standards derived from independent third-party reasonable analysis, Miaomai's reasonable profit and loss calculation methods such as big data reasonable analysis;
(4) Other losses suffered as a result.
If your actions cause E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd. to suffer rights claimed by a third party, E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd. may be responsible for paying the third party. After the obligation, recover all losses from you.
If a third party suffers losses due to your actions or you are too lazy to fulfill the mediation decision, E-TmaLL and/or its affiliates may instruct E-TmaLL Network Co., Ltd. for the purpose of protecting social public interests or consumer rights. , Co., Ltd. deducts the corresponding funds from your E-TmaLL Network Co., Ltd. account for payment. If the balance or deposit of your E-TmaLL Network Co., Ltd. is insufficient to pay the corresponding amount, you agree to entrust E-TmaLL to use its own funds to pay the above amount on your behalf. You should return this part and compensate E-TmaLL for all losses caused by it.
You agree that E-TmaLL instructs E-TMall Network Co., Ltd. to deduct the corresponding amount from your E-TmaLL Network Co., Ltd. account to pay the above compensation. If the funds in your E-TmaLL Network Co., Ltd. account are insufficient to pay the above compensation, E-TmaLL and/or its affiliates can directly offset your rights and interests under Miaomai and/or its other agreements. its affiliates and can continue to recover.
6.4 Special Agreement
[Commercial Bribery] If you provide benefits in kind, cash, cash equivalents, labor services, travel and other benefits to employees or consultants of a cross-border mall and/or its affiliated companies that are clearly beyond the scope of normal business negotiations, you can be deemed to have committed commercial bribery. If the above situation occurs, E-TmaLL can immediately terminate all cooperation with you and charge you liquidated damages and/or compensation. The amount is determined based on the economic losses and loss of goodwill suffered by E-TMall due to your bribery behavior.
[Related processing] If you cause E-TmaLL Group Purchase to terminate this agreement due to serious breach of contract, in order to maintain the order of the platform and protect consumer rights, E-TmaLL Group Purchase and/or its affiliates may take suspension measures or even terminate other agreements with you. cooperation under the Agreement, and notify you in accordance with Article 8 of this Agreement. If other agreements signed by E-TmaLL and you and the agreement signed by E-TMall and/or its affiliates and E-TmaLL Network Co., Ltd. expressly agree to your cooperation under this agreement, E-TmaLL will maintain the Platform ranking, protection of consumer rights and interests, may suspend or even terminate this Agreement when receiving an order, and notify you in accordance with Article 8 of this Agreement.
seven. Agreement changes
E-TmaLL may modify this agreement from time to time based on changes in national laws and regulations and the need to maintain transaction order and protect consumer rights. The changed agreement (hereinafter referred to as the "changed matters") will be notified to you through legal procedures and in accordance with the methods stipulated in Article 8 of this Agreement. Once the modifications to this Agreement take effect, they will supplement your rights and obligations and become part of this Agreement.
If you do not agree with the changes, you have the right to contact E-TmaLL for feedback before the effective date of the changes. If the feedback is adopted, E-TmaLL will adjust and modify the content as appropriate.
If you still do not agree with the change taking effect, you should stop using the E-TmaLL seller service from the date the change takes effect. The change will have no impact on you; after the change takes effect, if you continue to use the E-TmaLL seller service, it will be deemed that you agree to the change. Take effect.
seven. notify
8.1 Valid contact information
When you register as an E-TmaLL seller and receive E-TmaLL seller services, you should provide E-TmaLL with true and valid contact information (including your email address, contact number, contact address, etc.). If your contact information changes, you are obliged to update the relevant information in a timely manner and remain contactable.
The member account (including sub-account) generated when you register as an E-TmaLL platform user and log in to the E-TmaLL platform to receive site messages, system messages and Telegram instant messages is also your valid contact information.
E-TmaLL will send you various notices through one or more of the above contact methods, and the content of such notices may have a significant positive or negative impact on your rights and obligations. Please pay attention in time.
8.2 Notification service
E-TmaLL sends notices to you through the above contact methods, including written notices sent electronically, including but not limited to announcements in E-TMall, text messages to the contact number you provided, emails to the email address you provided, Wangwang information, system messages and site messages are sent to your account. Successful delivery shall be deemed as delivery; written notice issued by a paper carrier shall be deemed as delivery on the fifth natural day after delivery to the contact address.
For any disputes arising from E-TmaLL trading activities, you agree that judicial authorities (including but not limited to the People's Court) can send you legal documents (including but not limited to litigation documents) through mobile phone text messages, e-mails, etc. Mail or telegraph and other modern means of communication or postage. The contact information such as the mobile phone number, email address or Telegram account you designate to receive legal documents is the mobile phone number and email contact information you provided when registering and updating E-TmaLL, as well as the Telegram account E-TMall user generated when you registered. Legal documents sent by judicial authorities to the above contact information are deemed to have been served. The mailing address you specify is your legal contact address or a valid contact address you provide.
You agree that judicial authorities can serve legal documents to you through one or more of the above methods. Judicial authorities can serve legal documents to you through multiple methods. The delivery time shall be based on the first method of delivery above.
You agree that the above service methods are applicable to all stages of judicial proceedings. Enter litigation procedures, including but not limited to first instance, second instance, retrial, execution, and reminder procedures.You should ensure that the contact information provided is accurate, valid and updated in real time. If the legal documents cannot be delivered or are not delivered in time due to inaccurate contact information provided or failure to notify the changed contact information in a timely manner, you shall bear the legal consequences that may arise therefrom.
Nine. Agreement terminated
9.1 Circumstances of termination
[Termination initiated by the seller] You have the right to terminate this agreement in one of the following ways:
(1) When you meet the account cancellation conditions announced by E-TmaLL, you can cancel your account by yourself through the website;
(2) Before the change takes effect, you stop using it and express your unwillingness to accept the change;
(3) You clearly do not want to continue using the seller’s services and meet E-TmaLL’s termination conditions.
[Termination initiated by E-TmaLL] When the following circumstances occur, Miaomai may notify you to terminate this Agreement in accordance with the methods listed in Article 8 of this Agreement:
(1) If you violate this agreement, E-TMall has terminated this agreement in accordance with the default terms;
(2) If you have misappropriated other people's accounts, published prohibited information, defrauded others of property, sold counterfeit goods, disrupted market order, sought benefits by improper means, etc., E-TmaLL will seal your account and keep accounts in accordance with E-TmaLL rules;
(3) In addition to the above circumstances, because you have repeatedly violated the relevant provisions of the E-TmaLL rules and the circumstances are serious, E-TmaLL has sealed your account in accordance with the E-TmaLL rules;
(4) You have deceived, issued, sold counterfeit/infringing goods, infringed upon the legitimate rights and interests of others, or had other serious violations of laws and regulations on E-TMall Network Co., Ltd. or the Alibaba platform;
(5) Other circumstances that warrant termination of services.
9.2 What to do after the termination of the agreement
[User Information Disclosure] After the termination of this agreement, E-TmaLL has no obligation to disclose any information in your account to you or a third party designated by you, except as required by law.
[Rights of E-TmaLL] After the termination of this agreement, E-TmaLL still enjoys the following rights:
(1) Continue to retain the various types of information listed in Article 3.6 of this Agreement that you retain in E-TmaLL;
(2) Regarding your past breach of contract, E-TMall can still investigate your breach of contract in accordance with this agreement.
[Transaction Processing] After the termination of this agreement, E-TmaLL can notify the counterparty of the transaction order for the transaction orders you generated during the duration of this agreement and decide whether to close the transaction order counterparty based on the transaction intention; if the transaction counterparty requires continued performance, you should continue Fulfill the terms of this agreement and the transaction order, and bear any resulting losses or increased expenses.
10. Application of law, jurisdiction and others
[Applicable Law] The signing, entry into force, interpretation, modification, supplement, termination, execution and dispute resolution of this Agreement shall be governed by Malaysian law; if there are no relevant provisions of the law, refer to business practices and/or industry practices.
[Jurisdiction] Any disputes related to this service arising from your use of this service shall be resolved by E-TmaLL through negotiation with you. If negotiation fails, either party may file a lawsuit with the people's court with jurisdiction over the defendant's location.
[Validity] Any provision of this Agreement shall be deemed invalid, void or unenforceable. This clause shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this clause. E-TmaLL seller settlement agreement
You are welcome to sign the "E-TmaLL Seller Settlement Agreement" (hereinafter referred to as "this Agreement") with the E-TmaLL seller service provider (see definition terms) and use E-TMall seller services!
Before you use E-TmaLL's seller services (hereinafter referred to as the "Service"), you should read and agree to abide by this Agreement, including the main text and attachments of this Agreement, the Consumer Rights Protection Law, and all relevant rules of Miaomai (see definitions the term).
This Agreement is a split revised version of the E-TmaLL Platform Service Agreement. From the date of signing this agreement, the seller content related to E-TmaLL in the "Platform Service Agreement" mentioned by E-TmaLL refers to this agreement.
The keywords listed in front of these Terms of Service are only used to help you understand the subject matter of these Terms and do not affect or limit the meaning or interpretation of these Terms. In order to protect your own rights and interests, it is recommended that you carefully read the specific expressions of each clause.
[Read carefully] During the process of creating a store, before clicking to agree to this agreement, you should carefully read the entire content of this agreement (especially the disclaimer or limitation of liability, termination of agreement, liability for breach of contract, etc.), dispute resolution, etc. are marked with thick underlines Terms). If you have any questions about the agreement, you can consult Miaomai customer service, and Miaomai will explain the terms to you.
[Signing Behavior] When you click to sign this agreement online, it means that you have fully read, understood and accepted all the contents of this agreement. This agreement is legally binding between you and Miaomai. If you do not agree with any content of this Agreement or cannot accurately understand the meaning and interpretation of the terms, please stop the store creation process or stop store operating activities.
1. Definition
E-TmaLL: refers to the e-commerce platform website (the website is www.etmall.clu or the computer or mobile device Internet address modified from time to time according to business needs) and client (such as mobile APP)) provided by Miao Group to provide Internet information services and related Software and technical support.
Seller: refers to the legal entity that operates goods or services in E-TmaLL group buying, and may also be referred to as "you" in this article.
Consumer: refers to any natural person or organization who purchases goods or services for consumption in E-TmaLL group buying, also known as "buyer".
E-TmaLL's seller service providers: including E-TmaLL Buying Network Co., Ltd. and E-TmaLL (Singapore) Software Co., Ltd., individually or collectively referred to as "E-TmaLL" in this article.
Seller services: refers to the Internet information services and related software services provided by E-TmaLL group buying to sellers in E-TmaLL group buying. Among them, Internet information services are provided by Miaomai Network Co., Ltd., and related software services are provided by E-TmaLL (Singapore) Software Co., Ltd. The services under this Agreement are provided and terminated at the same time. Time, seller cannot order or use separately.
Rules: refers to all rules, implementation details, explanations, product process descriptions, announcements, etc. that have been released and will be released later in the E-TmaLL rules channel, forum, help center and other sections.
Same user: If the same identity authentication information is used or E-TmaLL investigation finds that multiple accounts are actually controlled by one person, they will be deemed to be the same user.
2. Scope and effectiveness of the agreement
2.1 [Scope of Agreement] Contents of this Agreement: The main text and attachments of this Agreement, the Consumer Rights Protection Law and various cross-border malls have been promulgated or subsequently promulgated and notified to you in accordance with the law. E-TmaLL Related Rules The text of this agreement has the same legal effect. By using E-TmaLL seller services, you are deemed to have agreed to the entire content of this agreement. Unless otherwise stated or signed, any service scope or software function enhancement based on the purpose of improving consumer and seller experience, platform service upgrade, etc. shall be applicable to this Agreement.
2.2 [Effectiveness of the Agreement] When you click and sign this agreement online, it means that you have fully read, understood and accepted all the contents of this agreement. Legal binding between E-TmaLL. If you do not agree with any content of this agreement, or cannot accurately understand the meaning of the terms or E-TmaLL's interpretation of the terms, you should immediately end the process of creating a store or stop the operation of the store.
This agreement is a supplement to the E-TmaLL platform service agreement. For content not agreed upon in this Agreement, the E-TmaLL Platform Service Agreement shall prevail; if this Agreement is inconsistent with the E-TmaLL Platform Service Agreement, this Agreement shall prevail.
three. Seller services and specifications
3.1 Account use and information submission
3.1.1 [Account Usage] When using the seller, you must use the E-TmaLL platform account to log in to E-TmaLL, and you should keep your account and password information properly. Since your account is associated with your personal information and cross-border business information, your account is only for your own use. E-TmaLL agrees that any authorization you directly or indirectly authorize a third party to use your E-TmaLL account or access the information under your account is invalid. Except for the fault of E-TmaLL, you shall be responsible for the results of all actions under your account (such as signing agreements online, publishing, disclosing information, etc.). Actions completed through your account are deemed to be your own actions or have been fully authorized by you. If Miaomai determines that the use of your account may endanger the security of your account and/or the security of E-TmaLL platform information, E-TmaLL may refuse. Provide corresponding services or terminate this agreement.
3.1.2 [Information Submission] If you want to use this website, you must submit relevant information and supporting documents in accordance with relevant laws and regulations, relevant cross-border mall rules, page prompts and other requirements. You understand and agree that you are obliged to ensure that the information and materials you provide are true, legal, accurate and valid. If there are any changes, they must be updated promptly. Based on relevant laws, regulations, platform management and other requirements, you agree that E-TmaLL can conduct random checks on the information and supporting documents you submitted, and require you to submit more information or supporting documents for the above purposes. You understand and accept that E-TmaLL only reviews applications for seller information, supporting documents, store creation, category publishing permissions, etc. at the level of general public awareness. Unless otherwise provided by law, E-TMall is not responsible for losses caused by the results of seller trust audits.
3.2 Store management
3.2.1 [Create a store] By creating a store on E-TmaLL, you can publish new products and conclude transactions with other users. Based on the needs of E-TMall management, you understand and accept that the same user can only open one store in Miaomai, and Miaomai can close other stores you opened in E-TmaLL at the same time, unless there are other regulations, please see E-TmaLL for details Purchase related rules.
3.2.2 [Change of store operating entity] Since the store and the account are inseparable, the change of the store operating entity is essentially the transfer of the store operator. Relevant requirements and restrictions on changes in store operating entities are applicable to the transfer clause in Article 3.2 of the "E-TMall Platform Service Agreement", because the store is related to your and E-TmaLL's business information, which may involve consumer interests. Only when legally required Under stipulated circumstances, the operating entity of a store can be changed only after a judicial ruling or when the conditions and procedures for changing the operating entity are met. E-TmaLL rules stipulated by our store. Once your store business entity is successfully changed, the rights and obligations under your account will be transferred together. In addition, your store/account may not be transferred in any way, otherwise E-TmaLL may terminate the service for the account and has the right to pursue your liability for breach of contract. The resulting responsibilities and consequences shall be borne by you.
3.2.3 [Shop Closing] If you temporarily close the store because all products are removed from the shelves, you shall continue to bear the transaction guarantee responsibilities such as product delivery, returns and exchanges, warranty repairs, and rights protection and complaint handling. Deals made before your store closes.If your store has no products for sale within a certain period of time, E-TmaLL can also close your store according to E-TmaLL's rules. Closing your store in accordance with the above agreement will not affect your accumulated credit.
3.3 Sales and promotion of goods and/or services
3.3.1 [Publish product and/or service information] In the services provided by E-TmaLL, you have the right to publish product and/or service information, solicit and find trading partners, and conclude transactions in the following forms: text, pictures, videos , audio and other forms are all in E-TmaLL. You declare and guarantee that you have corresponding legal rights to the information you publish, that the information you publish and the actions you perform comply with relevant laws and regulations, national mandatory standards and these regulations, and you assume responsibility for the management of the store. Information in your store that violates relevant national laws and regulations and the provisions of this Agreement should be deleted immediately. Otherwise, E-TMall may delete or block the information you posted in accordance with the law or the provisions of this Agreement.
3.3.2 [Prohibited Information] You should ensure that the information you publish does not contain the following content:
(1) Violating prohibitive provisions of national laws and regulations;
(2) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or instigation of crime;
(III) Fraudulent, false, inaccurate or misleading;
(4) Infringe on the intellectual property rights of others or involve third-party trade secrets and other proprietary rights;
(5) Insulting, slandering, intimidating, involving other people’s privacy, and infringing on other people’s legitimate rights and interests;
(6) There are viruses, Trojans, crawlers and other malware and program codes that may destroy, distort, delete, affect the normal operation of any system of the Cross-Border Mall or obtain the data and personal information of the Cross-Border Mall. The border store pings the mall and other users without authorization;
(7) Other issues that violate social public interests and public morals or are inappropriate for publication on E-TMall according to relevant E-TMall agreements and rules.
3.3.3 [Prohibited Sales Scope] You should ensure that you have the corresponding rights to the goods and/or services you publish on E-TmaLL. You must not on E-TmaLL:
(1) Prohibited or restricted by the state;
(2) Infringe on others’ intellectual property rights or other legitimate rights and interests;
(3) According to the clear instructions in E-TmaLL rules, announcements, notices or the agreements signed between each platform and you, it is not suitable for sale and/or provision on E-TMall.
Based on the characteristics of the Internet, you understand and know that the products you publish on E-TmaLL may be viewed and purchased by consumers in different countries and regions around the world. E-TmaLL will not be involved in possible cross-border sales without clear instructions to only sell to mainland China. In this case, you should carefully pay attention to the relevant laws and tax regulations of the relevant countries and regions, and ensure that you have the legal rights and qualifications to sell and will not infringe the intellectual property rights or other legal rights of others. rights and interests.
3.3.4 [Display, Marketing and Promotion] E-TmaLL sells goods and/or services and provides users with information classification, keyword retrieval, filtering and collection functions to better match user needs. The corresponding display results can include comprehensive determination of price, sales volume, inventory, credit evaluation, brand, service level, compliance management, user demand preferences and retrieval habits, competitiveness and other factors.
You have the right to decide how your goods and/or services are marketed and promoted. E-TmaLL also provides you with a variety of marketing promotion tools, and will launch marketing activities from time to time based on market demand and sellers' operating conditions. Before you sign up to participate in the above activities, you have fully understood that the qualifications and effects of the activities may be affected by factors such as the positioning of the activities, the competitiveness of the products/stores, comprehensive rankings, and the degree of cooperation with the activities. Once you choose to register, you promise to always abide by the relevant rules and requirements of the corresponding event. Without the consent of E-TMall, you promise not to withdraw from the activity, and jointly ensure a good user experience and the stable and orderly development of the activity.
3.3.5 [Transaction Order Guarantee] You should abide by the principle of good faith and ensure that the product and/or service information you publish is true and consistent with the goods and/or services you actually sell and/or sell. Provide and fulfill your trading commitments during the transaction process.
You shall maintain the healthy order of competition in the E-TmaLL market, shall not disparage or slander competitors, shall not interfere with any transactions and activities on E-TmaLL, shall not improve or attempt to improve your credit in any improper manner, shall not interfere or attempt to Interfere with the normal operation of E-TmaLL in any way.
3.3.6 [Pay taxes in accordance with the law] It is the obligation of every citizen and enterprise to pay taxes in accordance with the law. You should promptly and completely declare to the tax authorities the excess of your sales/turnover over the statutory tax exemption amount.
3.4 Consumer protection
[Responsible Subject] You understand and agree that, as the responsible subject for the protection of consumer rights and interests, you should perform your obligations to protect consumer rights and interests in accordance with relevant laws and regulations, the Consumer Rights Protection Law and the relevant rules of cross-border malls. , including basic consumer protection services such as true product descriptions, refund policies, fulfillment of special transaction agreements, and deposit payments. The specific regulations are subject to the Consumer Rights Protection Law and the relevant rules and regulations of the E-TMall network.
3.5 Transaction dispute resolution
[Transaction Dispute Resolution] If you have a dispute with other users during the E-TmaLL transaction, you or any other user has the right to choose the following methods to resolve:
(1) Negotiate independently with the other party to the dispute;
(2) Use the dispute mediation service provided by E-TmaLL;
(3) Request a legally established consumer association or other mediation organization for mediation;
(4) Complain to relevant administrative departments;
(5) Submit it to an arbitration institution for arbitration according to the arbitration agreement (if any) reached with the other party to the dispute;
(6) B files a lawsuit in the People's Court.
[Platform Mediation Service] If you use the E-TMall dispute mediation service in accordance with the E-TmaLL rules, it means that you accept and are willing to implement the mediation decision made by the customer service or public reviewer ("Mediation") as an independent party of E-TmaLL The third party, based on the facts of the dispute that it learns, is one or both parties to the transaction in accordance with the rules of E-TmaLL (including adjusting the transaction status of relevant orders, deciding to pay all or part of the disputed amount, etc.). Before E-TmaLL's mediation decision is made, you can choose the above (3), (4), (5), (6) methods (hereinafter referred to as "other dispute resolution methods") to resolve the dispute in order to suspend the E-TmaLL group purchase Dispute resolution services.
If you are not satisfied with the mediation decision, you still have the right to use other dispute resolution methods to resolve the dispute, but you should still honor the mediation decision until you get a final decision through other dispute resolution methods.
3.6 Data use and information authorization, etc.
3.6.1 [General Requirements] Regarding the data generated during the use of services, E-TmaLL respects and protects the data rights of you and other relevant subjects in accordance with the law. The rights related to the data collected and recorded by E-TmaLL Group Purchase in using this service and other E-TMall Group Purchase belong to E-TmaLL Group Purchase, which is Meow Group Purchase. With the prior written consent of E-TmaLL Group Purchase, you shall not use the above data for purposes other than those stipulated in this agreement, or provide the above data to others in any form.
3.6.2 [Business Secrets] E-TmaLL respects and protects the seller’s business secrets such as the seller’s store turnover, the turnover of a certain category or single product, etc. In order to promote the seller’s store or product, E-TmaLL’s total transaction volume of store activities, The transaction volume of a certain category or single product during official market activities. E-TmaLL group purchase (including "Double 12"). The above information may also be used for promotional purposes.
3.6.3 [Authorized Use] To the extent permitted by law, for the purpose of promoting related products and/or brands, you agree to grant E-TmaLL free copying (such as simultaneous display on multiple clients), modification (such as for mobile terminals) Fine-tuning the visual experience), adaptation (such as adding design elements to the overall platform activities), translation (such as translation to meet the browsing needs of overseas users) and subdivision rights to license to third parties according to the above purposes and methods.
3.6.4 [Data Usage] All official products, technologies, software, programs, data and other information (including text, icons, pictures, photos, audio, videos, charts, color combinations, layout designs, etc. launched by E-TmaLL) are Belongs to E-TmaLL and its affiliated companies. Except for the data that you have the right to use for commercial purposes according to relevant laws, you agree not to use Miaomai for commercial purposes, including but not limited to copying, disseminating or disclosing to others with the prior written consent of other users on E-TmaLL Group Purchasing behavior in form.
3.6.5 [Information Disclosure] Within the scope permitted by law, for example, consumers and rights holders may reasonably need to file a complaint with the relevant authorities or file a lawsuit in court with the name, ID number, address, and contact information of the E-TmaLL store operator. You agree that E-TmaLL may disclose the above information to it.
3.6.6 [Personal Information Protection] You must strictly abide by the requirements of laws related to network security and data protection. Among them, when you share E-TmaLL during the operation of the store, you must follow the principles of legality, fairness, and necessity, and must not violate the provisions of relevant laws and the agreement between you and the user, including: without other authorization from the user, you should only The user's order information and other necessary information related to the transaction are used for the purpose of purchasing goods or services and completing after-sales. Services stipulated in the cross-border mall's privacy policy; it is prohibited to use user information without the user's explicit consent or beyond the scope of the user's authorization or to illegally provide the user's personal information to others.
If the information you submit to the platform involves sensitive personal information such as a copy of the company's legal representative's ID card or ID number, you guarantee that you have obtained the explicit consent of the relevant personal information subject, and that the relevant purposes and actions comply with your wishes and the requirements of relevant laws. .
3.6.7 [Personal Information Security] You should take necessary technical measures to ensure data security. When information security risks exist or may exist, you should immediately take remedial measures, inform users and report to the relevant authorities in accordance with regulations.
3.6.8 [Trade Restrictions] Please pay attention to and strictly abide by laws and regulations such as import and export controls, trade restrictions, and economic sanctions that may affect your trading behavior to avoid causing losses to you or buyers, and ensure that you abide by the laws and regulations applicable to the relevant software of this platform. All laws and regulations related to the import and export of technology and services. In order to meet the needs of transaction order and security on the E-TmaL platform, if you violate the above commitments, E-TmaLL can actively carry out operations such as dropping goods and closing relevant trading orders after discovering your behavior. The above situation.
3.6.9 [Main Information] Under this agreement, E-TmaLL’s seller service provider may use E-TMall. E-TmaLL's seller service provider will work with you to perform this agreement and provide you with services. Changes to the E-TmaLL seller service provider will not affect your rights and interests under this agreement. If you use the new seller service provided by E-TMall's seller service provider, you will be deemed to agree that E-TmaL will perform this agreement with you. When a dispute occurs, you can determine your performance subject and the other party to the dispute based on the services you use and the specific objects of behavior that affect your rights and interests.
Four. cost
4.1E-TmaLL has paid a substantial fee for the services E-TmaLL provides to you. Except for E-TmaLL's express delivery charging business, the services provided by E-TmaLL are currently free of charge. If E-TmaLL charges you reasonable fees in the future, E-TmaLL will take reasonable measures to go through legal procedures within a sufficiently reasonable period in advance and notify you in accordance with the method stipulated in Article 8 of this Agreement to ensure that you have sufficient choose.
5. Limitation of Liability
5.1 [Force majeure and third-party reasons] E-TmaLL shall perform its basic guarantee obligations in accordance with legal provisions. However, if there are obstacles, defects in performance, delays in performance or changes in the performance of the contract due to the following reasons, E-TmaLL shall not Bear liability for breach of contract:
(1) Caused by force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;
(2) Caused by power supply failure, communication network failure and other public service factors or third-party factors;
(3) When E-TmaLL has been operating with integrity, due to factors such as routine or emergency equipment and system maintenance, equipment and system failures, network information and data security, etc.
5.2 [Massive information] In view of the existence of massive information in E-TmaLL group buying in the information network environment and the characteristics of separation of information and physical objects, E-TmaLL group buying does not need to review the transaction behavior of all sellers and buyers and other matters related to the transaction. in advance, but if consumers, regulatory authorities, rights holders and other three parties find that the seller, goods or information have product quality problems, infringement of intellectual property rights, transaction fraud and other illegal/improper behaviors based on the product E-TmaLL or E-TmaLL’s transactions or stores It may violate relevant laws and regulations and this agreement. You agree that E-TmaLL reasonably judges that the relevant content is based on the relevant processes of the platform and in accordance with public awareness standards. E-TmaLL may issue notices to sellers or require corrections, or directly delete relevant information, according to different circumstances. Take restrictive measures against sellers. Store or stop service. Except for E-TmaL, E-TmaLL is not subject to the above judgment.
5.3 [Mediation Decision] You understand and agree that in the dispute mediation service, E-TmaLL customer service and public reviewers are not professionals and can only judge the certificates submitted by users and/or sellers based on general public knowledge. Therefore, except for intentional or gross negligence, the statute of limitations does not bear the responsibility for dispute mediation decisions.
six. User’s breach of contract and handling
6.1 Determination of breach of contract
If any of the following circumstances occurs, you will be deemed to have breached the contract:
(1) Violating relevant laws and regulations when using cross-border mall seller services;
(2) Violation of this Agreement;
In order to adapt to the development of e-commerce and meet the needs of a large number of users for efficient and high-quality services, you understand and agree that E-TmaLL may stipulate breach procedures and standards in the relevant rules of E-TmaLL. purchase. For example, E-TmaLL can determine whether you have committed a breach of contract based on the relationship between your user data and massive user data; you are obliged to provide sufficient proof and reasonable explanations for your abnormal data, otherwise it will be regarded as a breach of contract.
6.2 Breach of contract handling
[Information Processing] If the information you publish on E-TmaLL constitutes a breach of contract, E-TmaLL can immediately delete, block the corresponding information or remove your products according to the corresponding rules and conduct supervision.
[Conduct Restrictions] If your behavior on E-TmaLL or behavior not implemented on E-TmaLL but affecting Miaomai and its users constitutes a breach of contract, E-TmaLL can deduct points from your points. Account, limit youParticipate in marketing activities, suspend some or all services, and deduct liquidated damages in accordance with corresponding rules. If your behavior constitutes a fundamental breach of contract, E-TMall may ban your account and terminate services to you.
[Illegal account processing] When you violate the contract, there are specific situations such as fraud, counterfeit products, misappropriation of other people's accounts, or there are risks that endanger other people's transaction security or account security, E-TMall will order E-TmaLL Network Co., Ltd. to act according to the risk of your behavior To some extent, we may take compulsory measures such as canceling collections and stopping payment of funds on your E-TmaLL account.
[Disclosure of processing results] E-TmaLL can publish on E-TmaLL the information on the handling measures against your above-mentioned breach of contract and other illegal information confirmed by the effective legal documents of the national administrative or judicial authorities.
6.3 Liability
If your behavior causes losses to E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd., you shall be liable for compensation in accordance with this agreement. You shall compensate E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd. for losses (if any) including:
(1) Reasonable attorney fees, litigation costs and expenses required to eliminate the impact;
(2) Fines, liquidated damages or external expenditure compensation arising from administrative penalties, judicial judgments, and mediation within the scope of legal standards;
(3) Loss of goodwill and loss of reasonably expected benefits (such as loss of consumers, reduction in spending, reduction in consumption frequency, reduction in store operator income, etc.). The specific amount can be calculated based on the relevant estimation standards derived from independent third-party reasonable analysis, Miaomai's reasonable profit and loss calculation methods such as big data reasonable analysis;
(4) Other losses suffered as a result.
If your actions cause E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd. to suffer rights claimed by a third party, E-TmaLL and/or its affiliates and E-TmaLL Network Co., Ltd. may be responsible for paying the third party. After the obligation, recover all losses from you.
If a third party suffers losses due to your actions or you are too lazy to fulfill the mediation decision, E-TmaLL and/or its affiliates may instruct E-TmaLL Network Co., Ltd. for the purpose of protecting social public interests or consumer rights. , Co., Ltd. deducts the corresponding funds from your E-TmaLL Network Co., Ltd. account for payment. If the balance or deposit of your E-TmaLL Network Co., Ltd. is insufficient to pay the corresponding amount, you agree to entrust E-TmaLL to use its own funds to pay the above amount on your behalf. You should return this part and compensate E-TmaLL for all losses caused by it.
You agree that E-TmaLL instructs Miaomai Network Co., Ltd. to deduct the corresponding amount from your E-TmaLL Network Co., Ltd. account to pay the above compensation. If the funds in your E-TmaLL Network Co., Ltd. account are insufficient to pay the above compensation, E-TmaLL and/or its affiliates can directly offset your rights and interests under E-TmaL and/or its other agreements. its affiliates and can continue to recover.
6.4 Special Agreement
[Commercial Bribery] If you provide benefits in kind, cash, cash equivalents, labor services, travel and other benefits to employees or consultants of a cross-border mall and/or its affiliated companies that are clearly beyond the scope of normal business negotiations, you can be deemed to have committed commercial bribery. If the above situation occurs, E-TmaLL can immediately terminate all cooperation with you and charge you liquidated damages and/or compensation. This amount is determined based on the economic losses and loss of goodwill suffered by E-TmaL as a result of your bribery.
[Related processing] If you cause E-TmaLL Group Purchase to terminate this agreement due to serious breach of contract, in order to maintain the order of the platform and protect consumer rights, E-TmaLL Group Purchase and/or its affiliates may take suspension measures or even terminate other agreements with you. cooperation under the Agreement, and notify you in accordance with Article 8 of this Agreement. If other agreements signed by E-TmaLL and you and the agreement signed by E-TmaL and/or its affiliates and E-TmaLL Network Co., Ltd. expressly agree to your cooperation under this agreement, E-TmaLL will maintain the Platform ranking, protection of consumer rights and interests, may suspend or even terminate this Agreement when receiving an order, and notify you in accordance with Article 8 of this Agreement.
seven. Agreement changes
E-TmaLL may modify this agreement from time to time based on changes in national laws and regulations and the need to maintain transaction order and protect consumer rights. The changed agreement (hereinafter referred to as the "changed matters") will be notified to you through legal procedures and in accordance with the methods stipulated in Article 8 of this Agreement. Once the modifications to this Agreement take effect, they will constitute a supplement to your rights and obligations and become part of this Agreement.
If you do not agree with the changes, you have the right to contact E-TmaLL for feedback before the effective date of the changes. If the feedback is adopted, E-TmaLL will adjust and modify the content as appropriate.
If you still do not agree with the change taking effect, you should stop using the E-TmaLL seller service from the date the change takes effect. The change will have no impact on you; after the change takes effect, if you continue to use the E-TmaLL seller service, it will be deemed that you agree to the change. Take effect.
seven. notify
8.1 Valid contact information
When you register as an E-TmaLL seller and receive E-TmaLL seller services, you should provide E-TmaLL with true and valid contact information (including your email address, contact number, contact address, etc.). If your contact information changes, you are obliged to update the relevant information in a timely manner and remain contactable.
The member account (including sub-account) generated when you register as an E-TmaLL platform user and log in to the E-TmaLL platform to receive site messages, system messages and Telegram instant messages is also your valid contact information.
E-TmaLL will send you various notices through one or more of the above contact methods, and the content of such notices may have a significant positive or negative impact on your rights and obligations. Please pay attention in time.
8.2 Notification service
E-TmaLL sends notices to you through the above contact methods, including written notices sent electronically, including but not limited to announcements in E-TMall, text messages to the contact number you provided, emails to the email address you provided, Wangwang information, system messages and site messages are sent to your account. Successful delivery shall be deemed as delivery; written notice issued by a paper carrier shall be deemed as delivery on the fifth natural day after delivery to the contact address.
For any disputes arising from E-TmaLL trading activities, you agree that judicial authorities (including but not limited to the People's Court) can send you legal documents (including but not limited to litigation documents) through mobile phone text messages, e-mails, etc. Mail or telegraph and other modern means of communication or postage. The contact information such as the mobile phone number, email address or Telegram account you designate to receive legal documents is the mobile phone number and email contact information you provided when registering and updating E-TmaLL, as well as the Telegram account E-TMall user generated when you registered. Legal documents sent by judicial authorities to the above contact information are deemed to have been served. The mailing address you specify is your legal contact address or a valid contact address you provide.
You agree that judicial authorities can serve legal documents to you through one or more of the above methods. Judicial authorities can serve legal documents to you through multiple methods. The delivery time shall be based on the first method of delivery above.
You agree that the above service methods are applicable to all stages of judicial proceedings. Enter litigation procedures, including but not limited to first instance, second instance, retrial, execution, and reminder procedures.
You should ensure that the contact information provided is accurate, valid and updated in real time. If the legal documents cannot be delivered or are not delivered in time due to inaccurate contact information provided or failure to notify the changed contact information in a timely manner, you shall bear the legal consequences that may arise therefrom.
Nine. Agreement terminated
9.1 Circumstances of termination
[Termination initiated by the seller] You have the right to terminate this agreement in one of the following ways:
(1) When you meet the account cancellation conditions announced by E-TmaLL, you can cancel your account by yourself through the website;
(2) Before the change takes effect, you stop using it and express your unwillingness to accept the change;
(3) You clearly do not want to continue using the seller’s services and meet E-TmaLL’s termination conditions.
[Termination initiated by E-TmaLL] When the following circumstances occur, E-TMall may notify you to terminate this Agreement in accordance with the methods listed in Article 8 of this Agreement:
(1) If you violate this agreement, E-TmaL has terminated this agreement in accordance with the default terms;
(2) If you have misappropriated other people's accounts, published prohibited information, defrauded others of property, sold counterfeit goods, disrupted market order, sought benefits by improper means, etc., E-TmaLL will seal your account and keep accounts in accordance with E-TmaLL rules;
(3) In addition to the above circumstances, because you have repeatedly violated the relevant provisions of the E-TmaLL rules and the circumstances are serious, E-TmaLL has sealed your account in accordance with the E-TmaLL rules;
(4) You have deceived, issued, sold counterfeit/infringing goods, infringed upon the legitimate rights and interests of others, or had other serious violations of laws and regulations on E-TMall Network Co., Ltd. or the Alibaba platform;
(5) Other circumstances that warrant termination of services.
9.2 What to do after the termination of the agreement
[User Information Disclosure] After the termination of this agreement, E-TmaLL has no obligation to disclose any information in your account to you or a third party designated by you, except as required by law.
[Rights of E-TmaLL] After the termination of this agreement, E-TmaLL still enjoys the following rights:
(1) Continue to retain the various types of information listed in Article 3.6 of this Agreement that you retain in E-TmaLL;
(2) Regarding your past breach of contract, E-TMall can still investigate your breach of contract in accordance with this agreement.
[Transaction Processing] After the termination of this agreement, E-TmaLL can notify the counterparty of the transaction order for the transaction orders you generated during the duration of this agreement and decide whether to close the transaction order counterparty based on the transaction intention; if the transaction counterparty requires continued performance, you should continue Fulfill the terms of this agreement and the transaction order, and bear any resulting losses or increased expenses.
10. Application of law, jurisdiction and others
[Applicable Law] The signing, entry into force, interpretation, modification, supplement, termination, execution and dispute resolution of this Agreement shall be governed by Malaysian law; if there are no relevant provisions of the law, refer to business practices and/or industry practices.
[Jurisdiction] Any disputes related to this service arising from your use of this service shall be resolved by E-TmaLL through negotiation with you. If negotiation fails, either party may file a lawsuit with the people's court with jurisdiction over the defendant's location.
[Validity] Any provision of this Agreement shall be deemed invalid, void or unenforceable. This clause shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this clause.
