Seataoo Terms of Service
1. INTRODUCTION
1.1 Welcome to the Seataoo platform (the "Site").
Please read the following Terms of Service carefully before using this Site or
opening a Seataoo account ("Account") so that you are aware
of your legal rights and obligations with respect to Seataoo Southeast
Asia Limited and its affiliates and subsidiaries (individually and
collectively, "Seataoo", "we", "us" or
"our"). The "Services" we provide or make available include
(a) the Site, (b) the services provided by the Site and by Seataoo client
software made available through the Site, and (c) all information, linked
pages, features, data, text, images, photographs, graphics, music, sounds,
video (including live streams), messages, tags, content, programming, software,
application services (including, without limitation, any mobile application
services) or other materials made available through the Site or its related
services ("Content"). Any new features added to or augmenting the
Services are also subject to these Terms of Service. These Terms of Service
govern your use of Services provided by Seataoo.
1.2 The Services include an online platform service that provides a place
and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is
directly between Buyer and Seller and Seataoo is not a party to that
or any other contract between Buyer and Seller and accepts no obligations in
connection with any such contract. Parties to such transaction will be entirely
responsible for the sales contract between them, the listing of goods, warranty
of purchase and the like. Seataoo is not involved in the transaction
between Users. Seataoo may or may not pre-screen Users or the Content
or information provided by Users. Seataoo reserves the right to
remove any Content or information posted by you on the Site in accordance to
Section 6.4 herein. Seataoo cannot ensure that Users will actually
complete a transaction.
1.3 Before becoming a User of the Site, you must read and accept all of
the terms and conditions in, and linked to, these Terms of Service and you must
consent to the processing of your personal data as described in the Privacy
Policy linked hereto.
1.4 Seataoo reserves the right to change, modify, suspend or
discontinue all or any part of this Site or the Services at any time or upon
notice as required by local laws. Seataoo may release certain
Services or their features in a beta version, which may not work correctly or
in the same way the final version may work, and we shall not be held liable in
such instances. Seataoo may also impose limits on certain features or
restrict your access to parts of, or the entire, Site or Services in its sole
discretion and without notice or liability.
1.5 Seataoo reserves the right to refuse to provide you access to the
Site or Services or to allow you to open an Account for any reason.
BY USING Seataoo SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR
IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING
THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR
LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS
THE SITE. IF YOU ARE UNDER THE AGE OF 15 OR THE LEGAL AGE FOR GIVING
CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A
PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN
MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE
REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE
AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU
ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU
MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE
RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT,
WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at Seataoo. To better
protect your rights we have provided the Seataoo Privacy Policy to
explain our privacy practices in detail. Please review the Privacy Policy to
understand how Seataoo collects and uses the information associated
with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(i) consent to Seataoo's collection, use, disclosure and/or
processing of your Content, personal data and User Information as described in
the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User
Information are jointly owned by you and Seataoo; and
(iii) shall not, whether directly or indirectly, disclose your User
Information to any third party, or otherwise allow any third party to access or
use your User Information, without Seataoo’s prior
written consent.
2.2 Users in possession of another User’s personal
data through the use of the Services (the “Receiving
Party”) hereby agree that, they will (i) comply with
all applicable personal data protection laws with respect to any such data;
(ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data
so collected from the Receiving Party’s database; and
(iii) allow the Disclosing Party to review what information have been collected
about them by the Receiving Party, in each case of (ii) and (iii) above, in
compliance with and where required by applicable laws.
3. LIMITED
LICENSE
3.1 Seataoo grants you a limited and revocable license to access and use
the Services subject to the terms and conditions of these Terms of Service. All
proprietary Content, trademarks, service marks, brand names, logos and other
intellectual property (“Intellectual Property”)
displayed in the Site are the property of Seataoo and where applicable, third
party proprietors identified in the Site. No right or licence is granted
directly or indirectly to any party accessing the Site to use or reproduce any
Intellectual Property, and no party accessing the Site shall claim any right,
title or interest therein. By using or accessing the Services you agree to
comply with the copyright, trademark, service mark, and all other applicable
laws that protect the Services, the Site and its Content. You agree not to
copy, distribute, republish, transmit, publicly display, publicly perform,
modify, adapt, rent, sell, or create derivative works of any portion of the
Services, the Site or its Content. You also may not, without our prior written
consent, mirror or frame any part or whole of the contents of this Site on any
other server or as part of any other website. In addition, you agree that you
will not use any robot, spider or any other automatic device or manual process
to monitor or copy our Content, without our prior written consent (such consent
is deemed given for standard search engine technology employed by Internet
search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided
that your website does not imply any endorsement by or association with Seataoo.
You acknowledge that Seataoo may, in its sole discretion and at any
time, discontinue providing the Services, either in part or as a whole, without
notice.
4. SOFTWARE
Any software provided by us to you as part of the Services is subject to
the provisions of these Terms of Service. Seataoo reserves all rights
to the software not expressly granted by Seataoo hereunder. Any
third-party scripts or code, linked to or referenced from the Services, are
licensed to you by the third parties that own such scripts or code, not
by Seataoo.
5. ACCOUNTS
AND SECURITY
5.1 Some functions of our Services require registration for an Account by
selecting a unique user identification ("User ID") and password, and
by providing certain personal information. If you select a User ID that Seataoo,
in its sole discretion, finds offensive or inappropriate, Seataoo has
the right to suspend or terminate your Account. You may be able to use your
Account to gain access to other products, websites or services to which we have
enabled access or with which we have tied up or collaborated. Seataoo has
not reviewed, and assumes no responsibility for any third party content,
functionality, security, services, privacy policies, or other practices of
those products, websites or services. If you do so, the terms of service for
those products, websites or services, including their respective privacy policies,
if different from these Terms of Service and/or our Privacy Policy, may also
apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your
User ID and password when logging in, (b) ensure that you log out from your
account at the end of each session on the Site, (c) immediately notify Seataoo of
any unauthorised use of your Account, User ID and/or password, and (d) ensure
that your Account information is accurate and up-to-date. You are fully
responsible for all activities that occur under your User ID and Account even
if such activities or uses were not committed by you. Seataoo will
not be liable for any loss or damage arising from unauthorised use of your
password or your failure to comply with this Section.
5.3 You agree that Seataoo may for any reason, in its sole
discretion and with or without notice or liability to you or any third party,
immediately terminate your Account and your User ID, remove or discard from the
Site any Content associated with your Account and User ID, withdraw any
subsidies offered to you, cancel any transactions associated with your Account
and User ID, temporarily or in more serious cases permanently withhold any sale
proceeds or refunds, and/or take any other actions that Seataoo deems
necessary. Grounds for such actions may include, but are not limited to, actual
or suspected (a) extended periods of inactivity, (b) violation of the letter or
spirit of these Terms of Service, (c) illegal, fraudulent, harassing,
defamatory, threatening or abusive behaviour (d) having multiple user accounts,
(e) buying products on the Site for the purpose of commercial re-sale, (f)
abnormal or excessive purchasing of products from the same Seller or related
group of Sellers, (g) voucher abuse (including, but not limited to, selling of
vouchers to third parties, selling of vouchers or other credits at a
significant markup above face value, and/or abnormal or excessive use of
vouchers on the Site), or (h) behaviour that is harmful to other Users, third
parties, or the business interests of Seataoo. Use of an Account for
illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may
be referred to law enforcement authorities without notice to you. If a legal
dispute arises or law enforcement action is commenced relating to your Account
or your use of the Services for any reason, Seataoo may terminate
your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Seataoo in
writing (including via email at admin@Seataoo.com) of their desire to do
so. Notwithstanding any such termination, Users remain responsible and liable
for any incomplete transaction (whether commenced prior to or after such
termination), shipment of the product, payment for the product, or the like,
and Users must contact Seataoo after he or she has promptly and
effectively carried out and completed all incomplete transactions according to
the Terms of Service. Seataoo shall have no liability, and shall not
be liable for any damages incurred due to the actions taken in accordance with
this Section. Users waive any and all claims based on any such action taken
by Seataoo.
5.5 You may only use the Services and/or open an Account if you are
located in one of our approved countries, as updated from time to time.
6. TERM
OF USE
6.1 The license for use of this Site and the Services is effective until
terminated. This license will terminate as set forth under these Terms of
Service or if you fail to comply with any term or condition of these Terms of
Service. In any such event, Seataoo may effect such termination with or without
notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, alarming, distressing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation
in relation to export and import restrictions, third party rights or our
Prohibited and Restricted Items policy;
(c) upload, post, transmit or otherwise make available any Content
featuring an unsupervised minor or use the Services to harm minors in any
way;
(d) use the Services or upload Content to impersonate any person or
entity, or otherwise misrepresent your affiliation with a person or
entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative
works, or translation of the Services without the express permission of Seataoo;
(h) use the Services for the benefit of any third party or any manner not
permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent,
unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any
conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Seataoo platform, open a user account, or otherwise access
your user account using any non-official Seataoo hardware or software,
including but not limited to an emulator, simulator, bot or other similar
hardware or software;
(l) manipulate the price of any item or interfere with other User's
listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the
Services (or any portion thereof), or to defeat or overcome any encryption
technology or security measures implemented by Seataoo with respect to the
Services and/or data transmitted, processed or stored by Seataoo;
(o) harvest or collect any information about or regarding other Account
holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any
unsolicited or unauthorised advertising, promotional materials, "junk
mail", "spam", "chain letters", "pyramid schemes",
or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material
that contains software viruses, worms, Trojan-horses or any other computer
code, routines, files or programs designed to directly or indirectly interfere
with, manipulate, interrupt, destroy or limit the functionality or integrity of
any computer software or hardware or data or telecommunications
equipment;
(t) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other Users of the Services are able to type, or
otherwise act in a manner that negatively affects other Users' ability to
engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or
networks connected to the Services or any other User's use and enjoyment of the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site;
(v) take any action or engage in any conduct that could directly or
indirectly damage, disable, overburden, or impair the Services or the servers
or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any
applicable local, state, national or international law, rule, code, directive,
guideline, policy or regulation including, without limitation, laws and
requirements (whether or not having the force of law) relating to anti-money
laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or
embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign
Assets Control, the United Nations Security Council, the European Union or Her
Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to
"stalk" or otherwise harass another;
(z) infringe the rights of Seataoo, including any intellectual property
rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users
in connection with the prohibited conduct and activities set forth above;
(bb) list items which infringe upon the copyright, trademark or other
intellectual property rights of third parties or use the Services in a manner
which will infringe the intellectual property rights of others; and/or
(cc) direct or encourage another user to conduct a transaction other
than on the Site.
6.3 You understand that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from whom such Content
originated. This means that you, and not Seataoo, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make available
through the Site. You understand that by using the Site, you may be exposed to
Content that you may consider to be offensive, indecent or objectionable. To
the maximum extent permitted by applicable law, under no circumstances will Seataoo
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred as a
result of the use of, or reliance on, any Content posted, emailed, transmitted
or otherwise made available on the Site.
6.4 You acknowledge that Seataoo and its designees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse,
delete, stop, suspend, remove or move any Content, including without limitation
any Content or information posted by you, that is available on the Site without
any liability to you. Without limiting the foregoing, Seataoo and its designees
shall have the right to remove any Content (i) that violates these Terms of
Service or our Prohibited and Restricted Items Policy; (ii) if we receive a
complaint from another User; (iii) if we receive a notice or allegation of intellectual
property infringement or other legal instruction or request for removal; or
(iv) if such Content is otherwise objectionable. We may also block delivery of
a communication (including, without limitation, status updates, postings,
messages and/or chats) to or from the Services as part of our effort to protect
the Services or our Users, or otherwise enforce the provisions of these Terms
and Conditions. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including, without limitation, any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you have not and, to the maximum extent permitted by
applicable law, may not rely on any Content created by Seataoo or submitted to Seataoo,
including, without limitation, information in Seataoo Forums and in all other
parts of the Site.
6.5 You acknowledge, consent to and agree that Seataoo may access,
preserve, and/or disclose your Account information and Content to any legal,
regulatory, or governmental authority, the relevant rights owner, or other
third parties if required to do so by law, pursuant to an order of a court or
lawful request by any governmental or regulatory authority having jurisdiction
over Seataoo, or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms of Service or our Prohibited and Restricted Items Policy;
(c) respond to claims that any Content violates the rights of third parties,
including intellectual property rights; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal safety of Seataoo,
its Users and/or the public.
7. VIOLATION
OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including,
without limitation, any or all of the following:
⦁ Listing deletion
⦁ Limits placed on Account privileges
⦁ Account suspension and subsequent termination
⦁ Criminal charges
⦁ Civil actions, including without limitation a claim for damages
and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service,
please contact admin@Seataoo.com.
8. REPORTING
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, Seataoo does not allow listings that
violate the intellectual property rights of brands or other intellectual
property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are
independent individuals or businesses and they are not associated with Seataoo in
any way and Seataoo is neither the agent nor representative of the
Users and does not hold and/or own any of the merchandises listed on the Site.
8.3 If you are an IPR Owner or an agent duly authorised by an IPR
Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the
online form at admin@Seataoo.com and provide us the documents
requested below to support your claim. Do allow us time to process the
information provided. Seataoo will respond to your complaint as soon
as practicable.
8.4 Complaints under this Section 8 must be provided in the form
prescribed by Seataoo, which may be updated from time to time, and must
include at least the following: (a) a physical or electronic signature of an
IPR Owner or IPR Agent (collectively, “Informant”); (b) a description
of the type and nature of intellectual property right that is allegedly
infringed and proof of rights; (c) a description of the nature of alleged
infringement with sufficient details to enable Seataoo to assess the
complaint; (d) URL(s) of the listing(s) which contain the alleged
infringement; (e) sufficient information to allow Seataoo to contact
the Informant, such as Informant’s physical address,
telephone number and e-mail address; (f) a statement by Informant that the
complaint is filed on good faith belief and that the use of the intellectual
property as identified by the Informant is not authorised by the IPR Owner or
the law; (g) a statement by the Informant that the information in the
notification is accurate, that the Informant will indemnify us for any damages
we may suffer as a result of the information provided by the
Informant, and that the Informant has the appropriate right or is
authorised to act on the IPR Owner’s behalf in all
matters relating to the complaint.
8.5 Seataoo acknowledges a manufacturer’s right to enter into
certain exclusive distribution agreements or minimum advertised price
agreements for its products. However, violations of such agreements do not
constitute intellectual property rights infringement. As the enforcement of
these agreements is a matter between the manufacturer and the sellers, Seataoo does
not assist in this type of enforcement activity and does not enforce exclusive
distribution rights or price-control matters except within the countries that
have laws specifically governing selective or exclusive distribution.
8.6 Each and every Seller agrees to hold Seataoo and its Affiliates
harmless from all claims, causes of action, damages and judgments arising out
of any removal of any Content or product listings pursuant to or in relation to
any intellectual property infringement claim.
9. PURCHASE
AND PAYMENT
9.1 Seataoo supports one or more of the following payment methods in each
country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type
of credit cards accepted by these payment channels may vary depending on the
jurisdiction you are in.
9.2 Buyer may only change their preferred mode of payment for their
purchase prior to making payment.
9.3 Seataoo takes no responsibility and assume no liability for any loss
or damages to Buyer arising from shipping information and/or payment
information entered by Buyer or wrong remittance by Buyer in connection with
the payment for the items purchased. We reserve the right to check whether
Buyer is duly authorised to use certain payment method, and may suspend the
transaction until such authorisation is confirmed or cancel the relevant
transaction where such confirmation is not available.
10. SELLER WALLET
10.1 Your Account allows the storage of money you receive from your
sales proceeds made on the Platform (“Seller Wallet”). The sum of this
money, minus any withdrawals, will be reflected as your Seller Wallet’s balance.
10.2 You may transfer funds from your Seller Wallet (up to the amount
of your Seller Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal
Request”) a maximum of once per day. Seataoo may
also automatically transfer funds from your Seller Wallet to your Linked
Account on a regular basis, as determined by Seataoo. Seataoo shall
only process such transfers on business days and such transfers may take up to
two business days to be credited to your Linked Account. Seataoo is
only able to make payment to Sellers via bank transfer. Hence, Sellers are
required to provide Seataoo with their bank account details in order
to receive payments from their Seller Wallet.
10.3 Withdrawals by the Seller are subject to a ("Withdrawal Fee"). The fee is calculated as 1% of the transaction amount, with a minimum fee of 25 PHP and a maximum fee of 300 PHP. The corresponding fee will be automatically deducted from each withdrawal.
10.4 Money from your sale of items on Seataoo shall be credited
to your Seller Wallet within fifteen (13) days after the item is delivered to
Buyer or immediately after Buyer has acknowledged that they have received the
item.
10.5 Once submitted, you may not modify or cancel a Withdrawal
Request.
10.6 If there is an error in the processing of any transaction, you
authorize us to initiate debit or credit entries to your designated bank
account, to correct such error, provided that any such correction is made in
accordance with applicable laws and regulations. If we are unable to debit your
designated bank account for any reason, you authorize us to resubmit the debit,
plus any applicable fees, to any other bank account or payment instrument that
you have on file with us or to deduct the debit and applicable fees from your
Seller Wallet in the future.
10.7 You authorize us to initiate debit or credit entries to your
Seller Wallet:
(i) to correct any errors in the processing of any transaction;
(ii) where Seataoo has determined that you have engaged in
fraudulent or suspicious activity and/or transactions;
(iii) in connection with any lost, damaged or incorrect items;
(iv) in connection with any rewards or rebates;
(v) in connection with any uncharged fees;
(vi) in connection with the settlement of any transaction dispute,
including any compensation due to, or from, you;
(vii) in connection with any banned items or items that are detained by
customs;
(viii) in connection with any change of mind agreed to by both Buyer and
Seller; and
11. Seataoo GUARANTEE
11.1 Seataoo Guarantee is a service provided by Seataoo or its authorised
agent to protect purchases. To protect against the risk of liability, payment
for purchases made to Seller using the Services will be held by Seataoo or its
authorised agent (“Seataoo Guarantee Account”). Seller will not
receive interest or other earnings from the sum you have paid into Seataoo
Guarantee Account.
11.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Seataoo
Guarantee Account until:
(a) Buyer sends confirmation to Seataoo that Buyer has received his/her
goods, in which case, unless 12.2(d) applies, Seataoo will release Buyer’s Purchase Monies (less the Seller’s
proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax
Amount (defined below), and (if applicable) the Cross Border Fee (defined
below)) in Seataoo Guarantee Account to Seller;
(b) Seataoo Guarantee Period (or any approved extension under 12.3)
expires, in which case, unless 12.2(c) or 12.2(d) applies, Seataoo will release
Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction
Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee
(defined below)) in Seataoo Guarantee Account to Seller;
(c) Seataoo determines that Buyer’s application
for a return of goods and/or refund is successful, in which case, unless
12.2(d) applies, Seataoo will provide a refund to Buyer, subject to and in
accordance with the Refunds and Return Policy;
(d) such other time as Seataoo reasonably determines that a distribution
of Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction
Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee
(defined below)) is appropriate, including, without limitation, where it deems
reasonably necessary to comply with applicable law or a court order or to
enforce these Terms of Service.
Seataoo Guarantee is only offered to Buyers who have made payment through the
channels provided by Seataoo into Seataoo Guarantee Account. Offline
arrangements between Buyer and Seller will not be covered under Seataoo
Guarantee.
11.3 Payments made through Seataoo channels will be held in the Seataoo
Guarantee Account for a specified period of time (the “Seataoo
Guarantee Period”). To find out more about the Seataoo
Guarantee Period, please click this link. Buyer may apply for a one-time
extension of Seataoo Guarantee Period prior to the expiry of the applicable Seataoo
Guarantee Period, subject to and in accordance with the Refunds and Return
Policy. Upon Buyer’s application, Seataoo Guarantee Period may be extended for a
maximum period of three (3) days unless Seataoo in its sole discretion
determines that a longer extension is appropriate or required.
11.4 If, for any reason, the Seller's bank account cannot be credited
and/or the Seller cannot be contacted, Seataoo will use reasonable endeavours
to contact the Seller using the contact details provided by him/her. In
the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than twelve (12) months
after they become due to the Seller, Seataoo will deal with such unclaimed
Buyer's Purchase Monies in accordance with any applicable laws.
11.5 Seller/Buyer must be the beneficial owner of the Account and conduct
transaction on the Site only on behalf of him or herself. Seataoo may require
Seller or Buyer to provide his or her personal data such as recent identity
photograph, bank account details and/or any other such documentation necessary,
for verification purposes, including verification required by third party
payment processing and logistic service providers. Seller/Buyer hereby grants Seataoo
his/her consent to use or provide to third party his/her personal data to
facilitate his/her use of the Site. Further, Seller/Buyer authorises Seataoo to
use his/her personal data to make any inquires we consider necessary to
validate his/her identity with the appropriate entity such as his/her bank. For
more information in relation to how Seataoo handles your personal information,
please visit our Privacy Policy page.
11.6 The Seataoo Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond
what is provided for by the Seataoo Guarantee. The Seataoo Guarantee is neither
intended nor designed to assist Buyer or Seller in complying with its own legal
obligations, for which each party will remain solely responsible, and Seataoo
accepts no liability in connection with the same. Without limitation, the Seataoo
Guarantee does not constitute a product warranty.
11.7 Buyer and Seller acknowledge and agree that Seataoo’s decision (including any appeals) in respect of and relating to any
issues concerning the Seataoo Guarantee is final.
11.8 For the avoidance of doubt, any transactions not conducted on the
Site will not qualify for the protection offered by Seataoo Guarantee.
12. Seataoo COINS MARKETING SERVICES
12.1 Sellers may purchase Seataoo Coins for gratuitous distribution to
Buyers for marketing purposes under the “Marketing Centre” section of the
Seller Centre (“Marketing Centre”). If you are a Seller that purchases Seataoo Coins, you will
be deemed to have consented to the terms and conditions described in this
Section, and any explanatory materials published on this Site, the Seller
Centre or otherwise communicated to Sellers in writing (“Seller Coins Rules”).
12.2 In order to purchase Seataoo Coins, you must be an eligible Seller
under the Seller Coins Rules. At the time you purchase and pay for the Seataoo
Coins, your Account must not be suspended.
12.3 You may purchase Seataoo Coins via the payment methods set out in the
Marketing Centre. After payment is completed, the Seataoo Coins will be
issued to your Account for giveaway to Buyers within 19 hours, and shall expire
six (6) months after purchase or such other time as determined by Seataoo.
Except as otherwise provided in the applicable Seller Coins Rules, you may not
cancel the order and/or request for a refund after you have purchased Seataoo
Coins and completed the payment process.
12.4 Seataoo Coins purchased by Sellers may only be given away,
free-of-charge, to Buyers via promotional channels made available in the
Marketing Centre. You may not sell, redeem, or otherwise deal in, Seataoo
Coins under any circumstances. You agree that failure to comply with this
section or any of the Seller Coins Rules may, without limitation, result in the
forfeiture of Seataoo Coins purchased by you, in addition to any other actions
or remedies that Seataoo may take or enforce.
12.5 You understand and agree that Seataoo does not warrant or guarantee
any increase in viewership or sales of your items as a result of the purchase
and gratuitous distribution of Seataoo Coins.
12.6 You are advised to only purchase Seataoo Coins after fully
considering your budget and intended advertising objectives. Except as
otherwise provided in these Terms of Service or the Seller Coins Advertising
Rules, Seataoo shall not be liable for any compensation or be subject to any
liability (including but not limited to actual expenses and lost profits) for
the results or intended results of purchasing Seataoo Coins.
12.7 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, Seataoo IS
FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS
NEGLIGENCE) IN RELATION TO THE PURCHASE BY YOU OF Seataoo COINS, THEN, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY
THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE Seataoo COINS IN
QUESTION ONLY.
13. DELIVERY
13.1 Seataoo will inform Seller when Seataoo receives Buyer’s Purchase Monies. Unless
otherwise agreed with Seataoo, Seller should then make the necessary
arrangements to have the purchased item delivered to Buyer and provide details
such as the name of the delivery company, the tracking number, etc. to Buyer
through the Site.
13.2 Seller must use his/her best effort to ensure that Buyer receives the
purchased items within, whichever applicable, the Seataoo Guarantee Period or
the time period specified (for offline payment) by Seller on Seller’s listing.
13.3 Users understand that Seller bears all risk attached to the delivery
of the purchased item(s) and warrants that he/she has or will obtain adequate
insurance coverage for the delivery of the purchased item(s). In the event
where the purchased item(s) is damaged,lost or failure of delivery during the
course of delivery, Users acknowledge and agree that Seataoo will not be liable
for any damage, expense, cost or fees resulted therefrom and Seller and/or
Buyer will reach out to the logistic service provider to resolve such dispute.
13.4 For Cross-Border Transaction. Users understand and acknowledge that,
where a product listing states that the product will ship from overseas, such
product is being sold from a Seller based outside of Singapore, and the
importation and exportation of such product is subject to local laws and
regulations. Users should familiarise themselves with all import and export
restrictions that apply to the designating country. Users acknowledge that Seataoo
cannot provide any legal advice in this regard and agrees that Seataoo shall
not bear any risks or liabilities associated with the import and export of such
products to Singapore.
13.5 Where the Buyer elects to have a purchased item delivered by SingPost
Normal Mail, all costs for delivering the purchased item shall be borne solely
by the Seller.
13.6 Where the Buyer elects to have a purchased item delivered by any
other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and Seataoo in such
proportions as may be determined by Seataoo and published on the Site
from time to time. Seataoo shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the
Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 12.2, and (iii) pay the
total Shipping Fee to the delivery company.
13.7 For the avoidance of doubt, any Seataoo-supported logistics
services provided to Buyers and Sellers for overseas freight of goods from
outside of Singapore to destinations within Singapore, as well as onshore
logistics services for local freight, are provided or managed by Seataoo Express
Private Limited.
14. CANCELLATION, RETURN AND REFUND
14.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Seataoo
Guarantee Account.
14.2 Buyer may apply for the return of the purchased item and refund prior
to the expiry of Seataoo Guarantee Period, if applicable, subject to and in
accordance with Seataoo’s Refunds and Return Policy.
Please refer to Seataoo’s Refunds and Return Policy for
further information.
14.3 Seataoo reserves the right to cancel any transaction on the Site and
Buyer agrees that Buyer’s sole remedy will be to
receive a refund of the Buyer’s Purchase Monies paid
into Seataoo Guarantee Account.
14.4 If you have redeemed Seataoo Coin for your transaction and you are
successful in obtaining a refund based on Seataoo’s
Refunds and Return Policy, Seataoo shall refund the monies you have actually
paid for the item and credit back any redeemed Seataoo Coin to your Account separately.
14.5 Seataoo does not monitor the cancellation, return and refund process
for offline payment.
14.6 Refunds to Buyers shall be made to their SeataooPay wallet within
five (5) days of the return or refund request being approved.
15. SELLER’S RESPONSIBILITIES
15.1 Seller shall properly manage and ensure that relevant information of
the item (such as the price, item specifications and inventory amount) and
any terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate, misleading or incomplete
information.
15.2 The price of items for sale will be determined by the Seller at
his/her own discretion. The price of an item and shipping charges shall include
the entire amount to be charged to Buyer such as sales tax, value-added tax,
tariffs, etc. and Seller shall not charge Buyer such amount additionally and
separately.
15.3 Seller agrees that Seataoo may at its discretion engage in
promotional activities to induce transactions between Buyer and Seller by
reducing, discounting or refunding fees, or in other ways. The final price that
Buyer will pay actually will be the price that such adjustment is applied to.
15.4 For the purpose of promoting the sales of the items listed by Seller,
Seataoo may post such items (at adjusted price) on third-party websites (such
as portal sites and price comparison sites) and other websites (domestic or
foreign) operated by Seataoo.
15.5 Seller shall issue receipts, credit card slips or tax invoices to
Buyer on request.
15.6 Seller acknowledges and agrees that Seller will be responsible for
paying all taxes, customs and duties for the item sold and Seataoo cannot
provide any legal or tax advice in this regard. As tax laws and regulations may
change from time to time, Sellers are advised to seek professional advice if in
doubt.
15.7 Seller acknowledge and agrees that Seller’s
violation of any of Seataoo’s polices will result in a
range of actions as stated in Section 7.1.
16. PURCHASE AND SALE OF ALCOHOL
16.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is permitted by Seataoo subject to the terms and
conditions of this Section 19. If you are a buyer of Alcohol (“Alcohol Buyer”), you will be deemed to have
consented to the terms and conditions in this Section 15 when you purchase
Alcohol on the Site. Similarly, if you are an approved seller of Alcohol (“Alcohol Seller”), you will be deemed to have
consented to the terms and conditions in this Section 15 when you sell Alcohol
on the Site.
16.2 If you are an Alcohol Buyer:
(i) you represent and warrant that you and (if applicable) the person
receiving the Alcohol (“Recipient”) are aged 15 or above;
(ii) you shall not request delivery of Alcohol to any public place (as
that term is defined in the Liquor Control (Supply and Consumption) Act 1613 as
amended from time to time); and
(iii) if requested by an Alcohol Seller or Seataoo (or its agents), you
and/or the Recipient shall provide photo identification for age verification
purposes.
16.3 If you are an Alcohol Seller, you represent and warrant that:
(i) you hold all necessary licences and/or permits to sell Alcohol through
the Site, and shall provide a copy of such licences and/or permits and
supporting documents to Seataoo immediately upon request for verification
purposes; and
(ii) all information and documents provided to Seataoo are true and
accurate.
16.4 When delivering Alcohol to an Alcohol Buyer:
(i) the delivery agent reserves the right to request for valid photo
identification for age verification purposes; and
(ii) Seataoo (via the delivery agent) reserves the right to refuse the
delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears
intoxicated or is unable to provide valid photo identification for age
verification purposes.
16.5 Each Alcohol Buyer and Alcohol Seller severally agrees to indemnify,
defend and hold harmless Seataoo, and its shareholders, subsidiaries,
affiliates, directors, officers, agents, co-branders or other partners, and
employees (collectively, the "Indemnified Parties") from and against
any and all claims, actions, proceedings, and suits and all related
liabilities, damages, settlements, penalties, fines, costs and expenses
(including, without limitation, any other dispute resolution expenses) incurred
by any Indemnified Party arising out of or relating to: (a) any inaccuracy or
breach of its representations in Section 19.2 and/or Section 19.3 (as
applicable); and (b) its breach of any law or any rights of a third party.
17. TRANSACTION FEES
17.1 Seataoo charges a fee for all successful transactions completed on
the Site (“Transaction Fee”).
The Transaction Fee is borne by the Seller, and is calculated as two percent
(2%) of the Buyer’s Purchase Monies, rounded up to the
nearest cent. The Transaction Fee is subject to GST (“Tax
Amount”), and the Seller is responsible for such Tax
Amount.
17.2 For Sellers located outside of Singapore, Seataoo charges a fee for
all successful transactions completed on the Site (“Cross
Border Fee”). The Cross Border fee is borne by the
Seller, and is calculated according to the rates as notified to such Sellers
from time to time on the Site.
17.3 For Sellers that sell Products on the Platform through the
Shopify API, Seataoo charges a fee for all successful transactions
completed on the Site (“Shopify Transaction Fee”).
The Shopify Transaction Fee is borne by the Seller, and is calculated as one
and a half percent (1.5%) of the Buyer’s Purchase
Monies, rounded up to the nearest cent. The Shopify Transaction Fee is subject
to GST (“Shopify Tax Amount”),
and the Seller is responsible for such Shopify Tax Amount. For the
avoidance of doubt, the Shopify Transaction Fee and Shopify Tax Amount applies
in addition to the Transaction Fee and Tax Amount.
17.4 Following the successful completion of a transaction, Seataoo shall
deduct the Transaction Fee, Tax Amount, Cross Border Fee, Shopify Transaction
Fee, and Shopify Tax Amount (as applicable) from the Buyer’s Purchase Monies, and
remit the balance to the Seller in accordance with Section 12.2. Seataoo shall
issue receipts or tax invoices for the Transaction Fee, Tax Amount, Shopify
Transaction Fee, and Shopify Tax Amount paid by Seller on request. For
Sellers located in Singapore, these tax invoices can be retrieved from the
Seller Center.
18. DISPUTES
18.1 In the event a problem arises in a transaction, such problem shall be
resolved according to Seataoo’s policies.
18.2 Each Buyer and Seller covenants and agrees that it will not bring
suit or otherwise assert any claim against Seataoo or its Affiliates (except
where Seataoo or its Affiliates is the Seller of the product that the claim
relates to) in relation to any transaction made on the Site or any dispute
related to such transaction.
18.3 Users covered under Seataoo Guarantee may send written request to Seataoo
to assist them in resolving issues which may arise from a transaction upon
request. Seataoo may, at its sole discretion and with absolutely no liability
to Seller and Buyer, take all necessary steps to assist Users resolving their
dispute. For more information, please refer to Seataoo’s
Refunds and Return Policy.
18.4 To be clear, the services provided under this Section 18 are only
available to Buyers covered under Seataoo Guarantee. Buyer using other payment
means for his/her purchase should contact Seller directly.
19. FEEDBACK
19.1 Seataoo welcomes information and feedback from our Users which will
enable Seataoo to improve the quality of service provided. Please refer to our
feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback
form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts
and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
20. DISCLAIMERS
20.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY
WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Seataoo OF ANY KIND EITHER
EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, Seataoo DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE
FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE
CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE
ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD
DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL
CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
20.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
20.3 Seataoo HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE
FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE
VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO
PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS
AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, RELEASE Seataoo AND ITS AFFILIATES FROM ANY
AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY
SUCH DISPUTE.
21. EXCLUSIONS AND LIMITATIONS OF LIABILITY
21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Seataoo
BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY
STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS
OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS,
IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN
IF Seataoo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF
YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
21.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, Seataoo IS FOUND BY A COURT
OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO
ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO
YOU PURSUANT TO THE Seataoo GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE
DOLLARS).
21.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY Seataoo’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF Seataoo
THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
22. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
22.1 Third party links provided throughout the Site will let you leave
this Site. These links are provided as a courtesy only, and the sites they link
to are not under the control of Seataoo in any manner whatsoever and
you therefore access them at your own risk. Seataoo is in no manner
responsible for the contents of any such linked site or any link contained
within a linked site, including any changes or updates to such sites. Seataoo is
providing these links merely as a convenience, and the inclusion of any link
does not in any way imply or express affiliation, endorsement or sponsorship
by Seataoo of any linked site and/or any of its content therein.
22.2 Seataoo allows you to share videos from YouTube on
the Seataoo Livestream feature ("YouTube Content").
By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms
of Service (https://www.youtube.com/t/terms).
23. YOUR CONTRIBUTIONS TO THE SERVICES
23.1 By submitting Content for inclusion on the Services, you represent
and warrant that you have all necessary rights and/or permissions to grant the
licenses below to Seataoo. You further acknowledge and agree that you are
solely responsible for anything you post or otherwise make available on or
through the Services, including, without limitation, the accuracy, reliability,
nature, rights clearance, compliance with law and legal restrictions associated
with any Content contribution. You hereby grant Seataoo and its successors a
perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable
and transferable license to use, copy, distribute, republish, transmit, modify,
adapt, create derivative works of, publicly display, and publicly perform such
Content contribution on, through or in connection with the Services in any
media formats and through any media channels, including, without limitation,
for promoting and redistributing part of the Services (and its derivative
works) without need of attribution and you agree to waive any moral rights (and
any similar rights in any part of the world) in that respect. You understand
that your contribution may be transmitted over various networks and changed to
conform and adapt to technical requirements.
23.2 Any Content, material, information or idea you post on or through the
Services, or otherwise transmit to Seataoo by any means (each, a
"Submission"), is not considered confidential by Seataoo and may be disseminated
or used by Seataoo without compensation or liability to you for any purpose
whatsoever, including, but not limited to, developing, manufacturing and
marketing products. By making a Submission to Seataoo, you acknowledge and
agree that Seataoo and/or other third parties may independently develop
software, applications, interfaces, products and modifications and enhancements
of the same which are identical or similar in function, code or other
characteristics to the ideas set out in your Submission. Accordingly, you
hereby grant Seataoo and its successors a perpetual, irrevocable, worldwide,
non-exclusive, royalty-free, sub-licensable and transferable license to develop
the items identified above, and to use, copy, distribute, republish, transmit,
modify, adapt, create derivative works of, publicly display, and publicly
perform any Submission on, through or in connection with the Services in any
media formats and through any media channels, including, without limitation,
for promoting and redistributing part of the Services (and its derivative
works). This provision does not apply to personal information that is subject
to our privacy policy except to the extent that you make such personal
information publicly available on or through the Services.
24. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
24.1 Each contributor to the Services of data, text, images, sounds,
video, software and other Content is solely responsible for the accuracy,
reliability, nature, rights clearance, compliance with law and legal
restrictions associated with their Content contribution. As such, Seataoo is
not responsible to, and shall not, regularly monitor or check for the accuracy,
reliability, nature, rights clearance, compliance with law and legal
restrictions associated with any contribution of Content. You will not hold Seataoo
responsible for any User's actions or inactions, including, without limitation,
things they post or otherwise make available via the Services.
24.2 In addition, the Services may contain links to third party products,
websites, services and offers. These third party links, products, websites and
services are not owned or controlled by Seataoo. Rather, they are operated by,
and are the property of, the respective third parties, and may be protected by
applicable copyright or other intellectual property laws and treaties. Seataoo
has not reviewed, and assumes no responsibility for the content, functionality,
security, services, privacy policies, or other practices of these third
parties. You are encouraged to read the terms and other policies published by
such third parties on their websites or otherwise. By using the Services, you
agree that Seataoo shall not be liable in any manner due to your use of, or
inability to use, any website or widget. You further acknowledge and agree that
Seataoo may disable your use of, or remove, any third party links, or
applications on the Services to the extent they violate these Terms of Service.
25. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid
parent or legal guardian consent), right and ability to enter into these Terms
of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance
with these Terms of Service and all applicable laws, rules, codes, directives,
guidelines, policies and regulations.
26. FRAUDULENT OR SUSPICIOUS ACTIVITY
If Seataoo, in its sole discretion, believes that you may have engaged in any
potentially fraudulent or suspicious activity and/or transactions, we may take
various actions to protect Seataoo, other Buyers or Sellers, other third
parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and
any other liability. The actions we may take include but are not limited to the
following:
(a) We may close, suspend, or limit your access to your Account or the
Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Seataoo Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required
by judgments and orders which affect you or your Account, including judgments
and orders issued by courts in Singapore or elsewhere and directed to Seataoo;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to
protect against the risk of liability to Seataoo or a third party, or if we
believe that you may be engaging in potentially fraudulent or suspicious
activity and/or transactions.
For the purposes of this Section:
"Chargeback" means a request that a Buyer files directly with his or
her debit or credit card company or debit or credit card issuing bank to
invalidate a payment.
"Claim" means a challenge to a payment that a Buyer or Seller files directly
with Seataoo.
"Reversal" means the reversal of a payment by Seataoo because (a) it
is invalidated by the sender's bank, (b) it was sent to you in error by Seataoo,
(c) the sender of the payment did not have authorization to send the payment
(for example: the sender used a stolen credit card), (d) you received the
payment for activities that violated these Terms of Service or any other Seataoo
policy, or (e) Seataoo decided a Claim against you.
27. INDEMNITY
You agree to indemnify, defend and hold harmless Seataoo, and its shareholders,
subsidiaries, affiliates, directors, officers, agents, co-branders or other
partners, and employees (collectively, the "Indemnified Parties")
from and against any and all claims, actions, proceedings, and suits and all
related liabilities, damages, settlements, penalties, fines, costs and expenses
(including, without limitation, any other dispute resolution expenses) incurred
by any Indemnified Party arising out of or relating to: (a) any transaction
made on the Site, or any dispute in relation to such transaction (except where Seataoo
or its Affiliates is the Seller in the transaction that the dispute relates
to), (b) the Seataoo Guarantee, (c) the hosting, operation, management and/or
administration of the Services by or on behalf of Seataoo, (d) your violation
or breach of any term of these Terms of Service or any policy or guidelines
referenced herein, (e) your use or misuse of the Services, (f) your breach of
any law or any rights of a third party, or (g) any Content uploaded by you.
28. SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or
for any reason unenforceable under the law of any jurisdiction, then that
provision shall be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining provisions in such
jurisdiction nor the validity and enforceability of the provision in question
under the law of any other jurisdiction.
29. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with
the laws of the Republic of Singapore without regard to its conflict of law
rules. The United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act, to the extent
applicable, are expressly disclaimed. Unless otherwise required by applicable
laws, any dispute, controversy, claim or difference of any kind whatsoever
shall arising out of or relating to these Terms of Service against or relating
to Seataoo or any Indemnified Party under these Terms of Service shall be
referred to and finally resolved by arbitration in Singapore in accordance with
the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be
incorporated by reference in this Section. There will be one (1) arbitrator and
the language of the arbitration shall be English.
30. GENERAL PROVISIONS
30.1 Seataoo reserves all rights not expressly granted herein.
30.2 Seataoo may modify these Terms of Service at any time by posting the
revised Terms of Service on this Site. Your continued use of this Site after
such changes have been posted shall constitute your acceptance of such revised
Terms of Service.
30.3 You may not assign, sublicense or transfer any rights granted to you
hereunder or subcontract any of your obligations.
30.4 Nothing in these Terms of Service shall constitute a partnership,
joint venture or principal-agent relationship between you and Seataoo, nor does
it authorise you to incur any costs or liabilities on Seataoo’s behalf.
30.5 The failure of Seataoo at any time or times to require performance of
any provision hereof shall in no manner affect its right at a later time to
enforce the same unless the same is waived in writing.
30.6 These Terms of Service are solely for your and our benefit and are
not for the benefit of any other person or entity, except for Seataoo's
affiliates and subsidiaries (and each of Seataoo's and its affiliates' and
subsidiaries' respective successors and assigns).
30.7 The terms set forth in these Terms of Service and any agreements and
policies included or referred to in these Terms of Service constitute the
entire agreement and understanding of the parties with respect to the Services
and the Site and supersede any previous agreement or understanding between the
parties in relation to such subject matter. The parties also hereby exclude all
implied terms in fact. In entering into the agreement formed by these Terms of
Service, the parties have not relied on any statement, representation,
warranty, understanding, undertaking, promise or assurance of any person other
than as expressly set out in these Terms of Service. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this
Section it might otherwise have had in relation to any of the foregoing. These
Terms of Service may not be contradicted, explained or supplemented by evidence
of any prior agreement, any contemporaneous oral agreement or any consistent
additional terms.
30.8 You agree to comply with all applicable laws, statutes, regulations
and codes relating to anti-bribery and corruption including without limitation
the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore
Prevention of Corruption Act and confirm that you have and shall have in place
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