Seller Policy Pages

1 Introduction


 


1.1 Welcome to the Gomallo platform (hereinafter referred to as the “Platform”). Before using the Gomallo platform or opening a Gomallo account ("Account") or opening a Gomallo store ("Store"), please read these Terms of Service carefully to understand your relationship with Gomallo (individually and collectively, "Gomallo", "we", "us") or "our") legal rights and obligations. The services we provide (hereinafter referred to as "services") include (1) the platform (including mobile applications), (2) services provided by the platform and Gomallo client software, and (3) all information and links through the platform or related thereto web pages, functions, data, text, images, photos, graphics, music, sound, video, information, tags, content, programs, software, application services (including but not limited to any mobile application services) (hereinafter referred to as "Content") . Any new or upgraded features of the Service shall also be subject to these Terms of Service. These Terms of Service govern your use of the services provided by Gomallo.


 


1.2 Gomallo policy: various terms or conditions applicable to sellers published on the Gomallo platform and updated from time to time, including but not limited to cross-border seller terms of service, privacy policy, prohibited and restricted goods policy, Gomallo logistics service terms, seller center and the above Policies and Terms, as well as new policies and terms that will be published in the future. Unless otherwise agreed in these Terms of Service, the definitions and explanations of terms in Gomallo policies shall apply to these Terms of Service.


 


1.3 The Gomallo platform refers to the website and mobile shopping applications provided and operated by Gomallo, including but not limited to the global Gomallo shopping website and mobile shopping client;


 


1.4 If you use this service or open an account and store on this platform, you irrevocably accept and agree to these Terms of Service, including the additional terms and policies mentioned in these Terms of Service and/or provided through links to this Terms of Service. At the same time, you should still abide by the terms of service of the website platform where your store is located in each country/region. Accepting and agreeing to the terms of service does not exempt you from the obligation to read and abide by the terms of service of the website platform where the store is located. If there is a conflict between these Terms of Service and the terms of service of your store platform, the terms of service of your store platform shall prevail.


 


If you have other written agreements with us regarding specific services, if the terms of the other written agreement conflict with these Terms of Service, the terms of the other written agreement shall control.


 


1.5 This service includes an online platform service that provides venues and opportunities for sellers (hereinafter referred to as "you", "users" and "sellers") to conduct commodity transactions. The actual sales contract exists between the buyer (hereinafter referred to as the "buyer") and the seller. Gomallo is not the subject of this sales contract or other contracts between the buyer and the seller, and Gomallo does not assume any responsibility for such contracts. Buyers and sellers will bear full responsibility for the sales contract, product list, purchase guarantee and similar matters during the use of Gomallo services. Gomallo does not participate in transactions between users. Gomallo reserves the right to pre-screen users or user-provided content or information. Gomallo reserves the right to delete any content or information you provide through the Platform in accordance with Section 6.5. Gomallo does not guarantee that users will actually complete the transaction.


 


1.6 Before becoming a user of the Service, you must read and accept all terms contained in and linked to these Terms of Service, and you must agree to the terms (if any) of the Privacy Policy regarding the processing of sellers' and buyers' personal data.


 


1.7 Since you become a user of this service, if you violate these Terms of Service and other rules and policies that you should abide by (including but not limited to the additional terms mentioned in these Terms of Service/or the additional terms provided by this Service), these Terms of Service and Gomallo policy link), Gomallo has the right to follow these Terms of Service and related rules and policies (including but not limited to a series of sanctions described in Article 7.1 of these Terms of Service). Action), you promise and agree to accept Gomallo's processing and bear corresponding responsibilities.


 


2 Privacy


 


2.1 Gomallo attaches great importance to privacy protection, and we specifically describe our privacy protection-related operations in the privacy policy. Please read this Privacy Policy carefully to understand how Gomallo collects and uses personal information about your account and/or your use of the Services. If you use this service or provide information on this platform, you agree to allow Gomallo to collect, use, disclose and/or process your content and personal information (if any) when using this service in the manner described in this agreement. Privacy Policy ).


 


2.2 Users who use the Service and hold third-party personal data (hereinafter referred to as the "Recipient") agree to (1) comply with all personal information protection laws and regulations related to personal information; (2) allow the Recipient to collect personal information ("Disclosure") "Party") may delete its information from the receiving party's repositories; and (3) allow the disclosing party to view what information its receiving party has collected. If the above situations (2) and (3) occur, you should abide by or act in accordance with applicable laws and regulations.


 


3 Limited License


 


3.1 Gomallo grants you a limited and revocable right to log in and use the Service in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property rights ("Intellectual Property Rights") displayed on the Platform are the property of Gomallo and the third party owners identified on the Platform (if applicable). We do not grant, directly or indirectly, any right or authorization to any party to the Platform to use or replace any property, and no party to the Platform shall assert any right, title or interest thereto. By using the Service, you agree to abide by copyright, trademark, service mark, and all other applicable laws that protect the Service, the Platform, and its content. You agree not to reproduce, distribute, redistribute, transmit, publicly display, publicly perform, modify, adapt, rent or sell any portion of the Service, Platform or its Content, or create derivative works based thereon. You also may not mirror or frame any part or all of the Platform on any other server or display it as part of any other website/platform without our prior written consent. Additionally, you agree not to use any robot, spider, or any other automatic device or manual process to monitor or copy our Content (which searches the Site using standard search engine technology to direct web users, except as such) without our prior written approval. platform).


 


3.2 We welcome you to link to this platform from your website, provided that your website/platform does not imply any endorsement of Gomallo or any association with Gomallo. You understand that Gomallo may suspend the provision of part or all of this service at any time in accordance with the requirements of laws and regulations or in accordance with the principle of good faith.


 


4 software


 


Any software we make available to you as part of the Service is subject to these Terms of Service. Gomallo reserves all rights not expressly granted by Gomallo hereunder. Any third-party scripts or program codes linked or referenced in the Service are owned by the third party that owns the script or program code (not authorized by Gomallo to you.


 


5 Accounts and Security


 


5.1 Some functions of this service require registered accounts and stores before they can be used. When registering for an account and store, you are required to select a unique user identifier ("User ID") and password and provide certain personal information. Gomallo reserves the right to suspend or terminate your account or freeze or close your store if the user ID you choose is determined by Gomallo in its sole discretion to be illegal, non-compliant or inappropriate. You may use your user ID and password to log in to other products, websites or services that we have granted access to or have an affiliation or partnership with us. Gomallo has not reviewed any third-party content, functionality, security, services, privacy policies or other specifications of these 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 our terms of service and/or privacy policy), also apply to your use of those products, websites or services, or Use the Services.


 


5.2 You agree to (1) keep your password confidential and only use your user ID and password to log in, (2) ensure that you log out of your account each time you visit the Site, (3) log in to your account if the user Please notify Gomallo immediately of any unauthorized use of your ID and/or password, and (4) ensure that your account information is correct and up-to-date. You are obliged to properly keep the access rights to this account. All operations and business activities under this account (including but not limited to sub-accounts you open under your main account) are deemed to be your actions. You are solely responsible for all activities that occur under your User ID, Store, and Account, even though you may not be the performer of that activity or use. Gomallo will not be responsible for any loss or damage caused by the unauthorized use of your password or your failure to comply with this section.


 


5.3 Your registered email address, contact information, etc. must belong to you and/or your authorized representative. Gomallo has the right to verify the information you submit. You agree that Gomallo can disclose, transfer or grant access rights to the above information to third-party service providers and verify the information, otherwise Gomallo has the right to refuse to provide this service.


 


5.4 The ownership of your Gomallo account belongs to Gomallo, and Gomallo has the right to manage your account in accordance with the requirements of laws and regulations or in accordance with the principle of good faith. You agree that Gomallo may immediately terminate your account and your user ID, delete any content related to your account and user ID from this platform, and exit the platform in accordance with the requirements of laws and regulations or by further notifying you in accordance with the requirements of laws and regulations. Principle of good faith. Any allowances provided and cancel any transactions associated with your account and user ID. Gomallo will also explain to you the reasons for termination, including but not limited to: (1) not logging in and operating your account or operating your store for a long time (more than 30 days or more); and/or your business on the platform is suspended for more than one month years, including one year of unpaid bills (regardless of whether the account is in use); (2) Violation of these Terms of Service; (3) Substantial evidence confirming that the user has committed fraud, harassment, defamation, threats, insults or other violations of the law or the rules of each website (4) May have multiple user accounts and duplicate stores for improper or illegal purposes; (5) Money is seized by judicial and administrative agencies; (6) Users submit false or forged identity information, and upon verification True; (7) Behavior that harms the commercial interests of other users, third parties or Gomallo (such as infringement of third-party intellectual property rights, fictitious transactions, abuse of free shipping or discounts, etc.). If you use your account for fraudulent, harassing, defamatory, threatening, insulting or other unlawful purposes, we may report it to the competent law enforcement agency without notice to you.


 


5.5 If your Gomallo account is closed due to serious violations, you are not allowed to re-register the account; if it is found that the account has been re-registered, Gomallo has the right to immediately stop the service and close the seller's account.


 


5.6 You have the right to terminate the terms of service between Gomallo and you at any time in a mutually agreed manner. If a user wishes to terminate their account and store, they may stop driving traffic to their full credit score by notifying Gomallo in writing (via email to service@Gomallo.top or contacting your account manager). Even if your account and store are terminated, you will remain responsible for any outstanding transactions (whether initiated before or after termination), product deliveries, product payments, store credits, and other transaction-related matters, and you must Promptly notify Gomallo to effectively execute and complete all outstanding transactions in accordance with these Terms of Service. Gomallo is not responsible for any damages resulting from actions taken under these terms.


Rating dimensions


Irregularities


Deduction


 


Order non-fulfillment rates (NFR) Late shipment rates (LSR)


The number of orders canceled by the seller or returned for refund is 20% of the total number of orders


Maximum 10 points


Orders that have not been processed by the seller for more than 24 hours


Maximum 10 points


Customer service


Rude or abusive chat or comments


Maximum 20 points


Ask buyers to cancel orders more than 3 times this month


Maximum 10 points


Break one's word


Buyer response rate is as low as 80%


Maximum 10 points


The seller fails to provide services to the buyer as promised, harming the buyer's rights and interests.


Maximum 10 points


 


 


5.7 You may only use the Services and/or open an account/or open a store in the permitted countries/regions that we may update from time to time.


6 Your Commitments and Guarantees


 


6.1 You warrant that you have the full rights and/or authorization to sell the products you publish on the Gomallo platform, and that such products, whether manufactured, assembled, produced or otherwise provided by you, are:


 


(1) The source is legal and legal, and unless otherwise stated in the product details, they are all brand new and authentic;


 


(2) Strictly comply with all product warranties you provide to the Gomallo platform, as well as the specifications, drawings, samples, performance standards or other descriptions of the goods provided by the seller to the Gomallo platform;


 


(3) It has the performance that the product should have, and explains the defects in the performance of the product;


 


(4) Comply with current laws and regulations, do not violate any current laws and regulations in the United States and the region where the store is located, comply with the requirements for the protection of personal and property safety and environmental protection, comply with the prescribed quality standards and be approved by relevant departments, and do not infringe the rights of any third party ( including intellectual property rights); and


 


(5) There is no claim of infringement by any third party with respect to any Goods, or any claim, demand or legal proceeding relating to the manufacture, sale, distribution or use of such Goods. And Gomallo will not receive any third-party infringement accusations because you sell products on the Gomallo platform.


 


6.2 Commitments and Guarantees:


 


(1) You agree and warrant that: Gomallo will not advertise, market or promote your products in any way (whether on the Gomallo platform or other media) or use the information you provide to advertise, market or promote your products, and infringe, directly or indirectly, the rights (including intellectual property rights) of any third party;


 


(2) You promise and guarantee that the information you provide can be used by Gomallo for advertising, marketing or promoting your products (whether on the Gomallo platform or other media) and does not contain any defamatory or other content that violates current laws and stores. regulations in the region in which it is located, and with completeness, accuracy and reliability. If there are any errors or updates in the materials you provide, you promise to notify Gomallo immediately and correct the errors or updates. You are solely responsible for any content you post or make available in any other way using the Gomallo platform and services, including but not limited to the accuracy, reliability, authorization and non-infringement of any content provided, as well as compliance with legal and regulatory restrictions. regularity;


 


(3) You promise and warrant that you own or are authorized to own all rights related to the goods sold, and have obtained any necessary formal consent, exemption, approval, authorization, registration, license or statement to ensure that Gomallo has the right to advertise, market or Promote the Seller's products, and hereby authorize Gomallo to use the above rights within the scope of these Terms of Service for advertising, marketing or promoting the Seller's products (whether on the Gomallo platform or other media). This license is irrevocable, non-exclusive, royalty-free and sublicensable;


 


(4) You promise that you will only collect, disclose, use and process buyer information within the scope of the purposes agreed in these Terms of Service. You shall not transfer any buyer information without the prior written consent of Gomallo and the buyer; if you obtain the prior written consent of Gomallo, you shall abide by the currently effective laws and regulations, Gomallo's relevant policies and Gomallo's reasonable instructions, and the seller shall bear its own responsibility The cost of taking action. Take appropriate steps to protect this buyer's information. You are responsible for the collection, disclosure, use, processing or loss of Buyer Information by its subcontractors or service providers. You undertake to compensate Gomallo for any damages, including loss of goodwill, caused by your breach of obligations in this article or intentional or negligent performance of your obligations. You shall be solely responsible for any fees or expenses incurred by you or your subcontractors and service providers in connection with the performance of your obligations under these Terms;


 


(5) You promise that you have the full rights and legal authority to sign this Terms of Service Agreement and the actual sales contract with the buyer. The content of the terms is binding and enforceable on you; you have completed market entity registration and fulfilled tax obligations in accordance with the law. If you need to obtain relevant administrative licenses and relevant qualifications in accordance with the law, you have already obtained the administrative license and relevant qualifications in accordance with the law;


 


(6) You promise that the information you provide to Gomallo or to buyers through the Gomallo platform is accurate, valid and up-to-date; you promise to protect consumers' right to know and fulfill information disclosure obligations. You shall truthfully describe your products, including but not limited to providing true and complete product and service descriptions to buyers through all channels provided by Gomallo (including but not limited to product description pages, store pages, and website messaging systems), including but not limited to No false or misleading statements may be made regarding the methods and prices of logistics, after-sales, insurance and other services, as well as the basic attributes, functions, packaging, quality, defects, prices, etc. of the goods. commodity.


 


(7) You promise that the copies of qualifications and authorization documents you provide to Gomallo are true, legal, and valid, and the contact information (such as email, phone number) you provide to Gomallo is valid and smooth. Gomallo may use the contact information above. contact you. And if the relevant qualification information and information changes, you should provide Gomallo with the latest information in a timely manner; if you provide false or invalid documents or fail to provide documents in a timely manner, causing a dispute or being punished by the relevant national competent authorities, you shall be responsible for the resulting disputes. Take responsibility. Legal liability, if losses are caused to Gomallo (including its partners, agents, employees, etc.), you agree to compensate for all losses, and Gomallo has the right to stop paying you until the terms of service are terminated;


 


(8) You promise to sign and perform these Terms of Service and all related actions with the actual sales contract with the buyer, without violating any applicable laws, regulations, rules, orders, judgments and injunctions where your account is located and where this website is located. The location where the store opens. or as otherwise required by a court or administrative agency.


 


(9) You promise to use this platform and sellers to consciously abide by the laws, administrative regulations and relevant national regulations on the import and export, foreign exchange supervision and management of various websites involving cross-border e-commerce business activities;.


 


6.3 The user license for the Service is valid until the termination of these Terms of Service. Such license will terminate upon termination as set forth in these TOS, or if you fail to comply with any term or condition of these TOS. In this case, Gomallo may unilaterally terminate the authorization, and you shall be responsible for any actual losses caused to Gomallo.


 


6.4 You agree not to:


 


(1) Upload, post, transmit or otherwise make available in any form any information that is unlawful, harmful, threatening, abusive, harassing, alarmist, distressing, tortuous, defamatory, vulgar, obscene, libelous, infringing, hateful, racially, ethnically discriminatory or Other content that is objectionable;


 


(2) Violate any laws and regulations, including but not limited to import and export restrictions or violate our "Prohibited and Restricted Goods" policy and other related policies;


 


(3) Upload, publish, transmit or otherwise provide any content related to minors without the written consent of the minor’s parents or guardians, or use this service to harm minors in any way;


 


(4) Use the Service to impersonate any third party or misrepresent your relationship with any third party;


 


(5) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;


 


(6) Delete any proprietary rights statements on this platform;


 


(7) Cause, allow or authorize the modification, creation of derivative works or translation of this service without the express permission of Gomallo;


 


(8) Use the Service for the benefit of any third party or in any manner not permitted by these Terms, including but not limited to the sale or transfer of part or all of the account in the Service without the prior written consent of Gomallo. , or authorize third parties to use;


 


(9) Use services or publish product information or sell products in a fraudulent, unreasonable, false, misleading or deceptive manner (including but not limited to false shipments, serious misconduct, unsold transactions, malicious batch cancellation of orders, etc.);


 


(10) Violate the provisions of these Terms of Service and register or operate multiple user accounts at the same time;


 


(11) Use emulators, emulators, robots or other similar hardware or software to access the Gomallo platform, open accounts or access user accounts.


 


(12) Manipulate the price of any product or interfere with other users’ postings;


 


(13) Engage in any behavior that undermines the feedback or ranking system;


 


(14) Attempt to decompile, reverse engineer, disassemble or crack the Service (or any part thereof), or attempt to decipher any encryption used by Gomallo for the Service and/or information transmitted, processed or stored through Gomallo technology or security measures ;


 


(15) collect or collect and/or use any information about any person obtained through the use of the Service, including without limitation any personal data or information;


 


(16) Upload, email, post, transmit or otherwise make available any inside information and proprietary and confidential information that you learn or disclose under any legal, contractual or fiduciary relationship (such as due to employment relationships and under confidentiality agreements) Information Agreement)) has no right to provide content;


 


(17) upload, email, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;


 


(18) Upload, email, post, transmit or otherwise make available any advertising, promotional materials, spam, spam, pyramid schemes, or any other unauthorized form of marketing without the request or permission of the recipient;


 


(19) Upload, email, post, transmit or otherwise make available any computer virus designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software, hardware, data or communications equipment , worms, Trojan horses or any other computer code, routines, files or programs;


 


(20) Disrupting the normal flow of dialogue, causing the screen to scroll faster than the typing speed of other service users, or otherwise affecting real-time communication with other users;


 


(21) Interfere with, manipulate or disrupt the Service or servers or networks connected to the Service or any other user's use of the Service, or disobey any regulations, procedures, policies or regulations connecting the platform to networks;


 


(22) Take or participate in any action or behavior that may directly or indirectly cause damage, paralysis, overload or reduced performance of the Service or servers or networks connected to the Service;


 


(23) Use the Service to intentionally or unintentionally violate any applicable local, state, provincial, national or international law, rule, code, directive, guideline, policy or regulation, including without limitation anything related to anti-money laundering or anti-money laundering - Terrorism-related laws and regulations (whether legally binding or not);


 


(24) Use the Service to invade the privacy of others, "stalk" or otherwise harass others;


 


(25) Infringement of Gomallo’s rights, including infringement of any intellectual property rights and related counterfeiting;


 


(26) Use the Service to collect or store the personal data of any third party through the aforementioned prohibited behaviors and activities; and/or


 


(27) Publish/sell content that infringes upon the copyright, trademark or other intellectual property rights of third parties, or use the Service in a manner that infringes upon the intellectual property rights of others.


 


6.5 You understand that all Content, whether publicly posted or privately distributed, is the responsibility of the person from whom the Content originated. This means that you, and not Gomallo, are solely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Platform (including, without limitation, any errors or omissions in any Content). You understand While using this Platform, you may be exposed to content that is offensive, indecent or objectionable. To the fullest extent permitted by applicable law, Gomallo will not under any circumstances be responsible for any content, including, but not limited to, any content in any errors or omissions, or any loss or damage to any content transmitted or otherwise made available.


 


6.6 You understand that Gomallo and its trustees have the right (but not the obligation) to pre-screen, reject, delete, remove or move any content provided through this platform (including but not limited to your content or information provided by the platform). , for example, Gomallo and its trustees have the right to delete any content that (1) violates these Terms of Service; (2) is complained by other users; (3) we receive your notification of intellectual property infringement or other legal requirements for deletion Instructions; (4) Will cause resentment to others. In addition, we may block your use of communications on the Service (including, without limitation, status updates, posts, messages and/or chat rooms) to protect the Service or other users, or to enforce the provisions of these Terms and Conditions. situation. . You agree, understand and have evaluated all risks associated with the use of any Content, including without limitation, reliance on the accuracy, completeness or usefulness of such Content. Likewise, you acknowledge that you have not and will not rely on Gomallo to create or submit any content to Gomallo, including without limitation information in the Gomallo forums and all other parts of the Site.


 


6.7 You acknowledge, allow and agree that Gomallo may access, preserve and disclose your account if required by law, or pursuant to a court order or an order of any government or regulatory agency having jurisdiction over Gomallo, or when reasonably necessary in good faith and good faith. information and content, and comply with the following requirements: (1) comply with legal process; (2) enforce these Terms of Service; (3) respond to any content claims that infringe the rights of third parties; (4) respond to you or (5) protect Gomallo and its users and the rights, property or personal safety of the public.


 


6.8 If you fail to comply with the provisions of this chapter and seriously violate the seller's commitment and warranty obligations, Gomallo reserves the right to conduct market management in accordance with these rules. In order to maintain good market continuity and protect the rights and interests of buyers, Gomallo has the right to conduct spot checks on product quality and authenticity (including but not limited to purchasing products from consumers or purchasing products from consumers through independent third parties) - the party's quality inspection agency or brand rights holder). When Gomallo checks from time to time whether the goods sold by the seller have legal sources and are authentic, you are obliged to retain and present the legal source certificates of the relevant goods. If Gomallo has reason to believe that the inspection results are not good, or the seller cannot provide relevant proof, Gomallo has the right to take restrictive measures against the seller or store.


 


6.9 When the brand you operate operates on the platform, if the following circumstances occur, Gomallo will have the right to remove the brand's products in accordance with the terms of service, and you shall not continue to operate:


 


(1) Branded products are certified by Gomallo or a third-party professional organization as being produced by manufacturers without production qualifications and do not comply with national, local, industry, or enterprise mandatory standards;


 


(2) The brand is judged by Gomallo or a third-party professional organization to be counterfeiting other people’s trademarks, product names, packaging and decoration, company names, product quality marks, etc. or is likely to cause confusion and misunderstanding among consumers;


 


(3) During the operation of Gomallo, it has been proven that the dispute rate is high, the complaint rate is high, and the market recognition is low. The average score of brand product descriptions is seriously lower than the industry average, seriously affecting consumer experience. After being informed by Gomallo, one (1)) had no significant improvement within a month. .


 


7 Violation of our Terms of Service


 


7.1 Violations of these Terms of Service may result in a range of disciplinary actions, including but not limited to some or all of the following:


 


-Warning refers to Gomallo’s verbal or written reminder and warning of improper behavior of the seller;


 


- Remove/remove listed products and/or restrict store listings;


 


- Withhold prohibited items contained in the order or items not allowed for sale on the platform;


 


——Cancel all kinds of subsidies already enjoyed, such as freight subsidies, etc.;


 


- Restrict account permissions;


 


- Freeze account funds;


 


- criminal proceedings;


 


-Civil claims, including but not limited to damages and/or applications for preservation measures.


  


7.2 If you find any behavior by users of this platform that violates these Terms of Service, please contact service@Gomallo.top .


 


8 Reporting intellectual property infringement


 


8.1 As an independent individual or enterprise, the user has no relationship with Gomallo. Gomallo is not the user's agent or authorized representative and does not own or have any ownership rights in any merchandise posted on the Platform.


 


8.2 You agree to take full responsibility for your failure to notify or update your intellectual property certification documents in a timely manner, and guarantee that all certification documents you provide to Gomallo are true, accurate and do not have expired issues (i.e., ensure that all intellectual property certification documents are included throughout the Terms of Service). The performance period is within the validity period). If any dispute arises or is punished by the relevant national competent authorities due to the above reasons, you shall bear all responsibilities independently. If you cause losses to Gomallo (including its partners, agents, staff, etc.), you agree to compensate for all losses.


 


8.3 If you are an intellectual property right owner (hereinafter referred to as the "intellectual property right owner") or the intellectual property right owner's legally authorized agent ("intellectual property agent"), when you believe that your or your client's intellectual property rights have been infringed, , you have the right to send relevant infringement facts and preliminary evidence of infringement in the form of written notification to: service@Gomallo.top , and you have the right to require Gomallo to take necessary measures in accordance with the law. The written notification requirements are detailed in Section 8.7 below. Please allow time for Gomallo to process the information you provide. Gomallo will respond to your request as soon as possible.


 


You are aware that if the infringement notice you send contains incompatible qualifications, incomplete materials, or other circumstances that do not comply with the provisions of Article 8.7 below, Gomallo will notify you to supplement it within a reasonable period.


 


8.4 After Gomallo receives an infringement notice, it will take necessary measures in a timely manner and forward the notification of the intellectual property owner or intellectual property agent (hereinafter collectively referred to as the "notifier") that the notifier believes/specifies infringement to Gomallo platform intellectual property. (hereinafter referred to as the “notified party”). As the notifier, you understand that if your notification error causes damage to the notified party, you shall bear civil liability in accordance with the law and any claims Gomallo may face due to your false notification; maliciously sending false notifications and causing losses to the notified party, Gomallo will be liable for double compensation if it suffers a claim.


 


8.5 If you are the person to be notified, Gomallo has the right to take necessary measures against you, such as deleting products, blocking, removing products from shelves, terminating transactions and services, freezing accounts and funds, deducting funds, etc.; after intellectual property notification, you can submit it to the Gomallo platform Statement of non-infringement (hereinafter referred to as "Statement"), which statement shall contain prima facie evidence of non-infringement.


 


8.6 If you are the notifier, after Gomallo receives the statement from the notified person in accordance with Article 8.5, it will forward the statement to you in a timely manner and inform you that you can complain to the relevant competent authorities or file a lawsuit with the People's Court. If Gomallo does not receive your complaint or lawsuit notice within the time limit specified by law, Gomallo has the right to promptly terminate the measures taken according to the aforementioned terms.


 


8.7 Please provide an infringement notice in accordance with the provisions of 8.3 in the format specified by Gomallo (Gomallo reserves the right to update it at any time), and attach all the following information: (1) Physical or electronic signature of the notifier; (2) Preliminary evidence of infringement: the person claiming to be the victim Description of the type and nature of the infringing intellectual property rights, as well as proof of ownership of the rights (including but not limited to proof of ownership of the local intellectual property rights (sales market)); (3) Detailed information on the specific published product with the reported infringing content; (4) Sufficient Information that allows Gomallo to contact the notifier, such as the notifier's address, phone number, and email address; (5) A written statement from the notifier indicating that the report is in good faith and that the infringer's use has not been authorized by the intellectual property right owner or the law. Authorization; indicating that the information contained in the report is true and correct. If there is an error, the reporter is willing to bear the civil liability caused by the error in the report. If damage is caused, the notifier shall bear double liability for compensation in accordance with the law. If Gomallo is damaged, the notifier is willing to bear all liability for losses caused by incorrect notification; (7) Other declarers deem it necessary to provide claim materials, etc.


 


8.8 Gomallo will promptly publish relevant notices, statements and processing results of intellectual property infringement reports.


 


9 Gomallo performance guarantee


 


9.1 Gomallo performance guarantee is a shopping guarantee service provided by Gomallo or its authorized agents to buyers (applicable to some Gomallo platforms, please refer to the announcements of each website platform for applicable regions and rules). In order to provide liability risk protection, the purchase money paid to you through the use of this service will be held by Gomallo or its authorized agent (hereinafter referred to as the "Gomallo Performance Guarantee Account"), and Gomallo will not use these funds for the company's operations. fees or any other corporate purposes. Gomallo will not pay interest or other benefits to the seller on the buyer's payment to the Gomallo performance guarantee account.


 


9.2 If the Gomallo performance guarantee is applicable to the site where your store is located, after the buyer pays the order amount (hereinafter referred to as the "order amount"), the order amount will be retained in the Gomallo performance guarantee account until the buyer pays. Proper payment to Gomallo Gomallo will pay you the order amount held in the Gomallo Performance Guarantee Account in accordance with instructions or in other circumstances where Gomallo reasonably deems it appropriate to dispose of the order amount.


 


(1) If the buyer sends Gomallo confirmation of receipt of the goods, Gomallo will credit the order amount to the Gomallo performance guarantee account (less the shipping fee (if applicable), transaction fees and taxes (if applicable) borne by the seller) and Cross-border fees paid to you (if applicable, as defined below);


 


(2) If the Gomallo performance guarantee period expires, Gomallo will deposit the order amount into the Gomallo performance guarantee account (minus the seller's portion of shipping costs (if applicable), transaction fees and taxes (as defined below) and cross-border fees (if applicable, as defined below)) to you;


 


(3) If Gomallo confirms that the buyer's return and/or refund application is successful, Gomallo will refund the buyer according to the refund and return policy applicable to the store website; in other cases, if Gomallo reasonably determines that the buyer's order amount ( Less Shipping Fees (if applicable), Transaction Fees and Taxes (as defined below), and Cross-Border Fees (as defined below, as applicable) are credited to Seller’s Transaction Section for its discretion, including without limitation as it reasonably deems necessary to comply with applicable law or Court order or enforcement of these Terms of Service.


 


9.3 Gomallo performance guarantee is only applicable to buyers who pay to Gomallo performance guarantee account through the methods provided by Gomallo. Offline or off-line transactions between buyers and sellers are not covered by Gomallo performance guarantee.


 


9.4 Currently, Gomallo can only pay you through third-party payment channels. Therefore, you will need to provide Gomallo with your payment details for collection purposes (for example, payment for the sale of goods or Gomallo refund).


 


9.5 Payment is issued within 1 day after the buyer receives the order.


 


9.6 If for any reason the funds cannot be deposited into your designated receiving account and/or you cannot be contacted, Gomallo will make reasonable efforts to contact you using the contact information you provided. If you cannot be contacted and a Buyer's purchase money remains unclaimed for more than twelve (12) months after payment to the Seller, Gomallo will process such unclaimed Buyer purchase money in accordance with any applicable law. The seller must be the equity owner of the account and can only trade on this platform on his or her own behalf. Gomallo reserves the right to request that you provide personal information of the relevant companies and persons responsible, such as recent ID photos, bank account details and/or any other such necessary documents (including but not limited to documents required for third-party payment verification processes) or logistics and delivery services) requirements) for inspection purposes. You agree that Gomallo will process or provide your data to third parties within the scope of facilitating sellers to use this platform, and authorize Gomallo to use your data to perform user authentication procedures deemed necessary by Gomallo's appropriate entities (such as sellers/buyers banks). For more information on how Gomallo processes personal data in relation to your data, please visit our Privacy Policy page.


 


9.7 The Gomallo Performance Guarantee is additional and does not limit your performance of legal obligations under applicable law that may exceed the Gomallo Performance Guarantee. The Gomallo performance guarantee is not intended or intended to help users comply with their legal obligations. Users are still solely responsible for their legal obligations under applicable laws, and Gomallo does not assume any liability related to such legal obligations. Apart from this, the Gomallo Performance Guarantee does not constitute a guarantee/guarantee by Gomallo for any product on the Gomallo platform.


 


9.8 For the avoidance of doubt, any transactions not conducted on this platform are not covered by Gomallo performance guarantee.


 


10 Transportation


 


10.1 When Gomallo platform receives an order, Gomallo will notify you to arrange delivery. Unless Gomallo agrees otherwise, you should make the necessary arrangements to ship the purchased goods to the buyer after receiving this notice. If there are outstanding orders, your withdrawal amount will be affected.


 


10.2 If the Gomallo performance guarantee is applicable to the site where your store is located, it will be the period from the date when the buyer delivers the payment to the Gomallo performance guarantee account to when Gomallo deposits the payment into the Gomallo performance guarantee account. (hereinafter referred to as the "Gomallo Performance Guarantee Period"), you must try your best to ensure that the buyer receives the purchased goods within the Gomallo Performance Guarantee Period.


 


10.3 You understand that you will bear the risks associated with the delivery of the goods sold at your own risk, and you can purchase full insurance for the delivery of the goods sold according to Gomallo's recommendations (if any). If you arrange the delivery of goods by yourself and the goods are damaged, lost or undeliverable during delivery, you acknowledge and agree that Gomallo will not be responsible for any resulting losses, costs or expenses, and you should contact the logistics service provider to resolve the relevant issues yourself. dispute.


 


10.4 You should understand that all cross-border transactions are subject to the import and export laws and regulations of the country of origin. You should familiarize yourself with the relevant import and export restrictions in the country where you sell your goods. You understand that Gomallo does not provide import and export legal advice, and agree that you will bear all risks and responsibilities related to cross-border import and export transactions.


 


10.5 If you arrange delivery by yourself, you can choose the paid overseas warehousing and logistics services provided by Gomallo (hereinafter referred to as "overseas warehouse services"). If you use overseas warehouse services, Gomallo will comply with (1) your written authorization (if applicable) (2) the overseas warehouse agreement signed by Gomallo and you (3) the overseas warehouse service terms, operating procedures and instructions published on Gomallo platform ( If applicable), etc. (hereinafter collectively referred to as the "Overseas Warehouse Service Rules"), we will provide you with warehouse operation services in the region/country where the buyer is located. If you apply to use the overseas warehouse service, it means that you have fully read, understood and agreed to all the rules of the overseas warehouse service. If you do not agree with all or part of the overseas warehouse service rules, please do not use paid overseas warehouse logistics services.


 


11 Seller’s Responsibilities


 


11.1 You should properly manage and ensure that the product information you publish is up-to-date, such as product prices and details, inventory quantities, sales terms and conditions, etc., and you shall not publish inaccurate or misleading information.


 


11.2 The price at which the goods are sold is determined by you. Unless otherwise agreed with the buyer, the total amount charged to the buyer shall include the product price and shipping costs and all other charges, including value-added tax, customs duties (if applicable), etc., and you shall not additionally charge the buyer the following: such cost.


 


11.3 You agree that Gomallo may, at its sole discretion and in accordance with the principle of good faith, conduct promotional activities for you or on your behalf through some marketing methods to promote transactions between buyers and sellers. The final price actually paid by the buyer is the adjusted price.


 


11.4 In order to promote the products you publish, Gomallo may advertise these products (at adjusted prices) on third-party websites (such as portals and price comparison websites) and other (domestic or foreign) websites operated by Gomallo.


 


11.5 At the Buyer's request, you must provide the Buyer with a receipt, credit card slip or tax invoice.


 


11.6 You acknowledge and agree to bear all tax responsibilities/obligations, etc. related to the sale of goods. Gomallo does not provide legal or tax advice. And since tax-related laws and regulations may be updated at any time, if you have any questions, you should seek professional advice in real time.


 


11.7 You ensure that the Products are reasonably priced, subject to mark-ups of up to 15%.


 


11.8 You guarantee that there will be a minimum number of 20 products on the shelf.


 


11.9 You ensure that you operate on the Gomallo platform for at least 1 month and are prohibited from stopping business for any reason within 1 month.


 


11.10 You promise to provide the highest quality service to buyers on this platform and must process orders within 72 hours. Otherwise the store will be frozen by the system


 


11.11 You agree and guarantee to handle the return order service. Buyers have the right to return goods within 7 days after receiving the order to protect the interests of buyers on this platform.


 


11.12 You acknowledge and agree that if you breach any Gomallo policy, you are willing to submit to a range of disciplinary measures as set out in clause 7.1 of these Terms.


 


12 Payment methods/fees/commissions


 


12.1 You shall pay Gomallo the transaction fee for each order in accordance with the transaction rules of each Gomallo website platform. Transaction fees are fees paid to third-party transaction clearing service providers/banks. Charging standards are updated from time to time due to adjustments to regional financial policies or third-party transaction clearing service providers/banks' cross-border transaction fees. You need to pay special attention and pay attention to receive update notifications from Gomallo.


 


12.2 For orders placed on the Gomallo platform, the seller shall pay the corresponding commission on Gomallo. Commission collection, calculation methods and other relevant information are announced on the bulletin board or seller center designated by Gomallo. Gomallo will be updated from time to time. You need to pay special attention to receive update notifications from Gomallo.


 


12.3 Service tax/VAT and other applicable taxes will be included in the fees payable (if applicable). Unless otherwise agreed by both parties, the above taxes shall be borne by you. You acknowledge and agree that Gomallo may deduct its fees and any applicable taxes from the order amount paid by the buyer. Upon Seller's request, Gomallo shall provide receipts or tax invoices (if applicable) for fees and taxes paid by Seller. If you do not have sufficient balance in the store on the applicable site to deduct its fees and any applicable taxes, you hereby agree that Gomallo may deduct its fees and any applicable taxes from your balance in the store on other sites.


 


12.4 You understand and agree that the payment method (payment gateway and USDT-ETH/TRX), currency and exchange rate standard applicable to the fee settlement between you and Gomallo shall be determined and adjusted in accordance with the policies or rules published by Gomallo on Gomallo. At that time; if you do not agree to these terms, you should communicate with your account manager in a timely manner. The seller may choose to suspend, suspend or terminate the service, or reach a mutually agreed fee settlement agreement with Gomallo in writing. You guarantee to pay fees to Gomallo in accordance with Gomallo's policies, rules and requirements (including but not limited to advertising fees, warehousing fees, shipping fees, transaction fees, returns and refunds, etc. incurred by you due to your use/purchase of Gomallo services). You acknowledge that Gomallo has the right to send you letters (including but not limited to written formal letters or emails) requiring you to pay/make up for any fees you owe within the time limit. You understand that if you fail to pay within the time limit required by relevant policies and rules and within the time limit required by Gomallo's letter (if any), Gomallo has the right to deal with you accordingly in accordance with relevant policies, rules and these regulations. Terms of Service.


 


12.5 You acknowledge and agree that the minimum withdrawal amount is $50.


 


12.6 You acknowledge and agree that Gomallo reserves the right to change the details of any offer without prior notice.


 


13 Marketing services


 


13.1 Gomallo will successively launch keyword advertising and/or other marketing services (hereinafter referred to as "marketing services") on the Gomallo platform, including but not limited to traffic packages, JBP of each station, influencer marketing, off-site traffic (such as Facebook ads, etc.) ) and any marketing plans launched by Gomallo later, etc.). Sellers are welcome to purchase marketing services as part of their product marketing strategy. Gomallo provides paid marketing services in accordance with these specifications and the service content, purchase process and usage instructions published on the Gomallo platform at that time (hereinafter referred to as the "Marketing Service Rules"). If you apply to purchase marketing services, it means that you have fully read, understood and agreed to all marketing service rules. If you do not agree with the content of any marketing service rules, please do not purchase.


 


13.2 You must be a seller and product advertiser who abides by the rules for using marketing services to purchase marketing services. Your account and store must be inactive when you purchase and pay for marketing services.


 


13.3 After you purchase marketing services, you shall pay marketing fees in accordance with the methods and standards prescribed by Gomallo. Unless otherwise provided by applicable laws or marketing service rules and other marketing service rules, you may not cancel your order and/or request a refund after you apply to purchase marketing services and complete payment.


 


For advertising services: (1) You can check the income and expenditure of advertising fees in your advertising account; (2) Gomallo accepts recharge methods from various channels, subject to the account recharge method that can be selected at that time; (3) If When you activate the automatic recharge function of your account, you can select the minimum account amount and the automatic recharge amount, and agree to deduct the amount (if any) from the order amount (if any) that Gomallo should settle in accordance with the following provisions: Gomallo policies; (4) Other matters related to Gomallo advertising Marketing Services rules, policies and requirements related to the Services.


 


13.4 You can choose to purchase advertising and marketing services when you start launching your products, or you can choose to purchase advertising and marketing services during the product launch period. You can set different budgets, keywords, marketing cycles, etc. for different products according to marketing service rules. The marketing service of this product will be activated according to your settings until it expires or the advertising fee balance in the advertising account is cleared. until. If the product is sold or removed from the shelves within the marketing period you set, the marketing fees incurred will not be refunded, and you may not request that the remaining marketing period be transferred to other products.


 


13.5 The products you publish should comply with relevant laws, marketing service rules, Gomallo terms of service and prohibited and restricted product policies. You understand and agree that if Gomallo discovers or receives a report that your product violates or may violate the above regulations. In this case, Gomallo reserves the right to immediately delete your offending products and advertisements, and will not refund the marketing fees you have paid. In addition, Gomallo will directly remove products or advertisements from Gomallo through legal and formal procedures through competent authorities or judicial units without refunding any fees. Gomallo is not responsible for any compensation or liability for products or advertisements removed as a result of this article.


 


13.6 You understand and agree that Gomallo does not guarantee that your products will increase views or sales as a result of purchasing marketing services.


 


13.7 It is recommended that you purchase and use marketing services based on full consideration of the current budget and the marketing effects to be achieved for individual products. Except as otherwise provided in these Terms of Service or Marketing Service Rules, Gomallo does not assume any compensation, compensation or other liability for the expected goals or actual results of marketing activities.


 


13.8 If Gomallo is liable for any damages caused by the marketing services you purchase in accordance with applicable laws and regulations, you understand and agree that Gomallo’s full liability is limited to the fees you paid for the marketing services.


 


14 Controversies


 


14.1 When there are problems with transactions, Gomallo encourages friendly negotiations between users. Since Gomallo is only a platform for users to conduct transactions, sellers should contact the seller directly if they have any questions about the buyer's purchase of goods. Alternatively, you may seek the assistance of a local dispute resolution agency with jurisdiction to resolve any disputes arising from the transaction.


 


14.2 You agree not to litigate or otherwise assert any claim against Gomallo or Gomallo's affiliates arising out of any disputes arising out of any transactions with buyers on this website.


 


15 feedback


 


Gomallo welcomes any suggestions and opinions to assist Gomallo in improving service quality. Please refer to the following feedback process for details:


 


(1) For feedback, please send it to us in writing via email or using the comment form in the app.


 


(2) Anonymous feedback is not accepted.


 


(3) Users who receive feedback should be fully informed of all facts and given an opportunity to express their opinions.


 


(4) Do not accept ambiguous and derogatory feedback.


 


16 Service Statement


 


16.1 The Service is provided as is and Gomallo makes no express, implied or statutory warranties, claims or representations with respect to the Service, including but not limited to warranties of quality, efficacy, non-infringement, merchantability or fitness for purpose. WARRANTIES OF A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING, CUSTOM OR USAGE OF THE TRADE. Without limiting the foregoing, and to the fullest extent permitted by law, Gomallo does not guarantee that the Services, Platform, or features contained therein will be accessible, uninterrupted, or timely. provided, safe, reliable, correct, complete or error-free; defects (if any) will be corrected; there is no guarantee that the Platform and/or Platform servers are completely free of viruses, clocks, timers, counters, worms, software locks, lethal devices, Trojan horses, routers, trap doors, time bomb viruses or any other harmful programming code, instructions, programs or components.


 


16.2 You acknowledge that, to the fullest extent permitted by law, you bear all risks associated with your use of the Platform and/or Services.


 


16.3 Gomallo has no control over the following matters and does not guarantee or assume any responsibility for the following matters to the maximum extent permitted by law: (1) suitability for a particular purpose, authenticity, quality, safety or legality; (2) Seller The ability to provide goods or the buyer's ability to pay. If a dispute arises involving one or more users, you agree to resolve the dispute directly between you and to release Gomallo and its affiliates from any and all claims arising out of or related to the dispute to the fullest extent permitted by law. CLAIMS AND DAMAGES.


 


17 Disclaimer and Limitation of Liability


 


17.1 To the fullest extent permitted by applicable law, in no event shall any action arising out of contract, warranty, tort (including without limitation negligence (whether active, passive or tortious), products liability, strict liability or other theory) or otherwise In accordance with laws, regulations, decrees or other provisions, Gomallo does not assume the following liability:


 


17.1.1 (1) Inability to use; (2) Loss of profits; (3) Loss of revenue; (4) Loss of data; (5) Loss of goodwill; (6) Inability to realize the expected benefits directly or indirectly under any circumstances; or


 


17.1.2 Any indirect, incidental, special or consequential damages, including without limitation any damages arising out of or in connection with the use of or inability to use the Platform or Services, even if Gomallo has been advised of the possibility of such damages.


 


17.2 You acknowledge and agree that you have and only the right to request termination of your account and/or discontinue use of the Services due to any questions or dissatisfaction with the Services.


 


17.3 Nothing in these Terms of Service limits or excludes any liability for death or personal injury caused by Gomallo's negligence, or any other liability that cannot be limited or excluded by law.


 


18 Content you post and submit on the Service


 


18.1 By posting and submitting any Content on the Service, you represent and warrant that you have all necessary rights and/or licenses and grant Gomallo the following authorization. You also acknowledge and agree that you are solely responsible for any Content you post or otherwise make available through the Service, including without limitation the accuracy, reliability, nature, freedom, legal compliance, and regulatory requirements. You hereby grant to Gomallo and its successors a perpetual, revocable, worldwide, non-exclusive, royalty-free/royalty-free, sublicensable and transferable license to use Gomallo on, through or in connection with the Service. used in relevant ways. Use, reproduce, distribute, redistribute, transmit, modify, adapt, create derivative works from, publicly display and publicly perform the Content in any media formats and by any media means in connection with the Services, including without limitation promoting and redistributing the Services (and derivative works thereof). You understand that your Submissions may be transmitted over various networks and may be altered to conform and cooperate with technical requirements.


 


18.2 Gomallo will not treat any materials, information or ideas that you post on or through the Service or otherwise transmit to Gomallo (each a "Submission") as confidential and may be disseminated or disseminated by Gomallo for any purpose. No payment is required for use, including but not limited to developing, manufacturing and marketing products. . When you submit content to Gomallo, you acknowledge and agree that Gomallo and/or other third parties may independently develop software, applications, interfaces, products and other features that are identical or similar to the functionality, program code or other features you submit. Revised and enhanced version. Accordingly, you hereby grant Gomallo and its successors a perpetual, revocable, worldwide, non-exclusive, royalty/royalty/license fee-free, sublicensable and transferable license to use in connection with the Service. Use in any media format and develop this service. Use, copy, distribute, redistribute, transmit, modify, adapt, create derivative works from, publicly display and publicly perform any Submission through any media channels, including without limitation promoting and redistributing portions of the Service (and derivative works thereof) . These Terms do not apply to personal information protected by privacy laws unless you make such personal information publicly available on or through the Services.


 


19 Content and external links submitted by third parties to the Service


 


19.1 Each provider of this service who submits data, text, images, sounds, videos, software and other content shall be responsible for the accuracy, reliability, nature, freedom and compliance with laws and regulations of the content submitted. responsibility.


 


19.2 In addition, the Services may contain links to third-party products, websites, services and programs. These third-party links will take you away from the Platform. These links are for reference only and the linked sites are not under the control of Gomallo so you access these sites at your own risk. Therefore, Gomallo is not responsible for the contents of any such linked site or any link contained in a linked site (including any changes or updates to such sites). Gomallo provides these links to you only as a convenience, and the provision of any link does not imply or express any association, warranty or sponsorship between Gomallo and any linked website and/or any content thereon.


 


19.3 You understand that third-party links, products, websites and services are not owned or controlled by Gomallo, but are operated and owned by the third party themselves and may be protected by applicable copyright or other intellectual property laws and treaties. Gomallo has not reviewed these third party content, functionality, security, services, privacy policies or other practices. We recommend that you carefully read the terms and other policies provided by these third parties on their websites or elsewhere. You also acknowledge and agree that Gomallo reserves the right to remove any third-party links or applications on the Service that violate applicable regulations or these Terms of Service, without prior notice to you or your consent.


 


20 Fraudulent or suspicious activity


 


20.1 If Gomallo believes that you may be involved in any potential fraudulent or suspicious activities and/or transactions based on user reports or due consideration, we may take various measures to protect Gomallo, users, third parties or prevent you from canceling, refunding, claiming, Fees, Fines and Other Liabilities. Actions we may take include but are not limited to the following:


 


(1) We may close, suspend or restrict access to your account, and/or suspend the processing of any transactions;


 


(2) We may suspend your Gomallo performance guarantee qualification;


 


(3) We may freeze, use or transfer the funds in your account based on effective judgments, rulings or orders applicable to you or your account (including instructions and judgments issued to Gomallo by the court where the account is located and where the store is located));


 


(4) We may temporarily or permanently refuse to provide services to you;


 


(5) If you will be responsible for Gomallo or Gomallo users or third parties, or we believe that you may engage in potentially fraudulent or suspicious activities and/or transactions, we may freeze your account and funds within a reasonable period of time.


 


20.2 For the purposes of this section (i.e. clause 20 above):


 


(1) "Chargeback" means a buyer's request to cancel a payment directly to its debit or credit card company or debit or credit card issuing bank.


 


(2) "Claim" means a challenge to a payment submitted directly to Gomallo by a Buyer or Seller.


 


(3) "Reversal" means Gomallo's payment request is withdrawn because (a) the sender's bank is invalid; (b) Gomallo was sent to you in error; (c) the payment sender does not have the authority to send the payment request (for example: using sender of a stolen credit card); (d) you receive payment for activity that violates Gomallo Terms of Service or any other Gomallo policy, or (e) Gomallo decides to file a claim against you.


 


21 damage


 


You agree that Gomallo, its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees (collectively, the "Indemnified Parties") shall not be liable for or in connection with any or all claims, allegations, litigation and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including but not limited to any other dispute resolution expenses), you will indemnify and hold the Indemnified Parties harmless from: (1) any transaction between you and any content on the website, or any dispute related to such transaction (unless Gomallo or an affiliate of Gomallo is the seller in the transaction to which the dispute relates), (2) Gomallo performance guarantee, (3) escrow, operate, administer and/or manage the Services performed by or on behalf of Gomallo, (4) your breach or violation of any term of these Terms of Service or any policy or guideline referenced herein, (5) your use or misuse of the Services, ( 6) your violation of any law or any rights of a third party, or (7) any content you upload.


 


22 Severability


 


If any agreement in these Terms of Service is deemed unlawful, void or unenforceable for any reason under the governing law, then that agreement shall be deemed to be severed from the other terms and conditions and shall not affect any remaining agreements within that jurisdiction The validity and enforcement in any jurisdiction shall not affect the validity and enforcement of the questionable provisions in any other jurisdiction.


 


23 General provisions


 


23.1 Gomallo reserves all rights not expressly granted in this Agreement.


 


23.2 Gomallo reserves the right to change, modify, interrupt or suspend this platform or services in whole or in part at any time in accordance with the requirements of laws and regulations or in accordance with the principle of good faith. Gomallo may release certain services or features thereof on a trial basis which may not function properly or function as well as the final version. Gomallo may also set limits on certain functions or restrict your ability to use part or all of the platform or services due to regulatory requirements or compliance with the principle of good faith.


 


23.3 Gomallo may modify the content of these Terms of Service (including additional terms and policies mentioned in these Terms of Service/or provided through links to this Terms of Service) at any time by publishing the revised Terms of Service on this platform, and the revised 7 days before the terms of service come into effect, we will notify you via announcement or email, SMS or App push. If you have any comments about the revised Terms of Service, you should write to: service@Gomallo.top . If you do not provide written comments to Gomallo within 7 days after receiving the foregoing notice and continue to use the service, you will be deemed to have agreed and accepted the revised terms of service (including the terms of service mentioned/or linked to the terms of service). Additional Terms and Policies).


 


24.4 You may not assign, sublicense or transfer any rights granted to you by the Service, or subcontract any of your obligations without the written consent of Gomallo.


 


24.5 Nothing in these Terms of Service shall be construed as a partnership, joint venture or agency relationship between you and Gomallo, nor shall it authorize you to bear any costs or liabilities on behalf of Gomallo.


 


24.6 If Gomallo fails to require the performance of any agreement under these Terms at any time, it will not affect its right to require the performance of this agreement in the future unless it waives this right in writing.


 


24.7 Except for Gomallo’s affiliates (including the successors and assigns of Gomallo and its affiliates and subsidiaries), these Terms of Service are made solely for the benefit of you and us, and not for the benefit of any other individual or legal entity.


 


24.8 The terms contained in these Terms of Service, as well as any agreements and policies contained or referenced in these Terms of Service, constitute the entire agreement and understanding between the parties regarding this Service and this Platform. Unless otherwise expressly agreed in writing by both parties, this Agreement supersedes any previous agreements and understandings between the parties on the same matter. When the parties enter into the terms stipulated in these Terms of Service, there are no representations, guarantees, guarantees, understandings, commitments or confirmations provided by anyone except as expressly agreed in these Terms of Service. The parties hereby exclude all implied terms.


 


24.9 You agree to comply with all laws, rules, regulations and guidelines related to anti-corruption, including but not limited to the German Unfair Competition Act, the UK Bribery Act, the US Foreign Corrupt Practices Act (U.S. Foreign Corrupt Practices Act) Act) Corrupt Practices Act) and the Singapore Prevention of Corruption Act (Singapore Prevention of Corruption Act) and confirm that you have adopted and shall adopt all necessary policies and procedures to ensure compliance with the foregoing.


 


24.10 You should strictly abide by laws and regulations prohibiting commercial bribery and resolutely reject commercial bribery, bribery and other unfair business practices.


 


24.11 Commercial bribery as mentioned in this Agreement refers to all spiritual and material direct or indirect gifts, such as cash, kickbacks, entertainment, travel, etc.


 


24.12 No employee or department of Gomallo may solicit or accept any form of money, items or gifts from you. If you find that a Gomallo employee has the above behavior, you should report it to Gomallo in time.


 


24.13 You may not, in the name of the seller or any individual, directly or indirectly give gifts, items, securities, stocks, or provide illegitimate benefits in other disguised ways to Gomallo employees, their relatives or affiliates, otherwise, it will be considered as infringement of Gomallo behavior of interest. Improper benefits include, but are not limited to, cash, checks, credit gift cards, samples or other merchandise, entertainment coupons, membership cards, kickbacks in the form of currency or merchandise, rebates, employment or property purchases, seller-paid travel, meals, personal services, etc. wait.


 


24.14 If a Gomallo employee requires you to provide them with any form of improper advantage, you should promptly file a complaint with Gomallo and provide relevant evidence to Gomallo. After verification by Gomallo relevant personnel, we will handle it for you and keep it confidential. Gomallo accepts your complaints via email: service@Gomallo.top .


 


24.15 If you bribe any employee of Gomallo in order to obtain improper business interests or special business treatment, or fail to cooperate with Gomallo in investigating and punishing its employees' bribery behavior, Gomallo will permanently stop all cooperation with you and take the following measures against you: in accordance with the law . Take measures to suspend the payment of all accounts payable and pay Gomallo $50,000 in liquidated damages. If the circumstances are serious and cause significant economic losses, Gomallo will transfer the case to the local judicial authority in accordance with the law.


 


24.16 Gomallo and users may use electronic documents as a means of expression. Electronic documents exchanged under these Terms of Service have the same effect as paper written documents if the content is fully presented and can be retrieved and consulted at a later time. Except as stipulated by law or announced by administrative agencies. Unless otherwise expressly agreed, the term “written form” in these Terms of Service includes written form and electronic form.


 


24.17 In order to ensure the security of user data and provide a secure trading platform, Gomallo cooperates with financial institutions that have passed the international PCI DSS information security certification to process payment operations, and continues to conduct independent management of internal information security protection. If there is a dispute that a third party cracked Gomallo information system protection measures or exploited information system vulnerabilities, Gomallo will bear the burden of proof that this fact does not exist.


 


24.18 After users learn that their account password has been stolen, they should notify Gomallo immediately. When Gomallo learns that the user's account password has been used fraudulently, it shall immediately notify the user and suspend the payment instructions from the account, and suspend the acceptance of subsequent payment instructions from the account. Gomallo shall be responsible for the losses caused after the user handles the reporting procedures for account and password fraud; all losses caused by the user's account and password being stolen before the user handles the procedures shall be borne by the user, except for the following circumstances:


 


(1) The user fails to keep the username and/or password properly;


 


(2) Users provide user names and/or passwords to others on their own;


 


(3) The user does not use the account security mechanism provided by Gomallo; or


 


(4) Other reasons caused by the user’s intention or gross negligence.


 


Gomallo shall bear the cost of investigating the theft of user account passwords.


 


24.19 If you and a buyer have any consumer disputes on the Gomallo platform other than returns and refunds, you can seek help from Gomallo through customer service email, phone or online platform, and provide order and logistics responses within the specified period as required by Gomallo. If there are supporting documents such as transportation, product delivery or chat records between service buyers and sellers, Gomallo will complete the investigation based on the principle of good faith and decide to suspend the transaction or take other necessary measures to help users resolve disputes.


 


24.20 The term “trade secrets” as mentioned in these Terms includes but is not limited to this Agreement, the Supplementary Agreement and other confidential information involved in the cooperation process. No party may disclose, disseminate, edit or display this information to any third party without the consent of the trade secret provider. The disclosing party shall not be liable if the trade secrets are disclosed due to written consent of the other party or state administrative or judicial compulsory acts; the disclosing party shall not be liable if the trade secrets have become known to the public.