Introduction
- Welcome to the Betamall Platform (including website and mobile application) (here in after referred to as "Betamall Platform").
- These Terms of Service are an agreement between you and Betamall. When you access or use Betamall Platform, including the functions and information on this platform, it means that you have read, understood and agreed to these Terms of Use. If you do not agree to the Terms of Service, please do not continue to use the Betamall Platform.
- Betamall has the right to amend these Terms of Service without prior notice. By continuing to use the Betamall Platform after the changes, you agree to those changes. Any notice of changes to the Terms of Service will be posted publicly on the Betamall Platform, and Betamall will not send separate notices to you.
- Betamall provides an e-commerce platform connecting sellers and customers. All transactions between sellers and customers are conducted on a voluntary basis and respect the legitimate rights of the parties, without violating the law. The sales contract is between the seller and you, with Betamall acting as an intermediary in processing transactions and transporting goods.
Acceptance of Terms
- By using the Site and/or placing an order for products or services, you affirm that you are of legal age in your jurisdiction and are authorized to enter into this Agreement. You agree to comply with all applicable laws and regulations while using the Services and refrain from using the Site for any unlawful or prohibited activities. If you are using our platform on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these terms.
- You further agree to provide accurate, truthful, and complete information as required during the registration, ordering, and payment processes.
Account and Responsibilities
- When participating in our platform, you must ensure that you are 18 years of age or older, or participate under the supervision of a legal guardian. You must have full civil capacity to conduct transactions on Betamall according to the provisions of law.
- To access certain features of the Site and Services, you may need to create an account. You agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account details, including your password, and for all activities that occur under your account. If you suspect any unauthorized access or use of your account, you must immediately notify us. You are fully responsible for your account including any liability, whether direct or indirect, for damages, or losses caused by your failure to comply with the provisions of these terms of service.
Use of Services and site
The Services provided by us are designed for legitimate, lawful purposes only. You agree to use the Services exclusively for personal, business, or commercial purposes that are consistent with this Agreement and do not violate any local, state, national, or international law.
You agree not to:
- Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, offensive, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Violates any law, the rights of a third party or Betamall's Product Restrictions/Prohibitions Policy;
- Post, transmit, or otherwise display any Content that features minors or uses the Services to harm minors in any way;
- Use the Services or post Content to impersonate any person or entity, or otherwise misrepresent a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Remove any proprietary notices from our site;
- Cause, permit or authorize the modification, creation of derivative works, or translation of the Service without our express permission;
- Use the Service for the benefit of any third party or in any manner that is not acceptable under these Terms of Service;
- Use the Service or post Content for any purpose that is fraudulent, unreasonable, false, misleading or deceptive;
- Open and/or operate multiple user accounts in connection with any conduct that violates the letter or spirit of these Terms of Service or our regulations, Policies from time to time;
- Access the our site, open an account or otherwise access your user account through any software or hardware not approved or provided by us, including emulators, simulators, bots, device profilers, or any other software, device or hardware for the purpose of committing fraud, abusing policies or having similar functions;
- Modify the price of any product or interfere with the listings of other Users;
- Take any action that distorts Betamall’s review or feedback systems;
- Attempt to decompile, reverse engineer, disassemble or hack the Services (or any component thereof); or defeat or overcome any encryption technology or security measures implemented by Betamall platform with respect to the Services and/or data transmitted, processed, or stored by Betamall platform;
- Harvest or collect any information regarding another User's Account, including any activity information or personal data;
- Upload, email, post, transmit or otherwise make available any Content that you do not have a right to do so under any law or under contractual or fiduciary relationships (such as inside information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 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;
- Upload, email, post, transmit or otherwise make available any unauthorized or unlawful advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of unauthorized solicitation;
- Upload, email, post, transmit or otherwise make available any material that contains viruses, worms, Trojan horses or any other computer code, files or programs designed to directly or indirectly interrupt, manipulate, disrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
- Interfere with, manipulate or disrupt the Service or servers or systems connected to the Service or other Users’ use and enjoyment of the Service, or disobey any requirements, procedures, policies and regulations of systems connected to the Betamall platform;
- Take any action or conduct that could directly or indirectly damage, disable, overburden, or impair the Service or servers or systems connected to the Service;
- Use the Services to intentionally or unintentionally violate any applicable local, federal, national or international laws, regulations, rules, directives, guidelines, policies (whether or not in force) relating to anti-money laundering or counter-terrorism;
- Use the Services to violate or circumvent any sanctions or embargoes administered or enforced by relevant authorities.
- Use the Services to invade the privacy of others or to “stalk” or otherwise harass others;
- Infringe Betamall’s rights, including any intellectual property rights and make any false representations thereof;
- Use the Services to collect or store personal data of other Users in connection with the prohibited conduct and activities as set forth above; and/or
- List or post goods or content that infringes the copyrights, trademarks or other intellectual property rights of third parties or use the Services in a manner that may infringe the intellectual property rights of others
Products and Services
- While we strive to provide accurate product descriptions, we cannot guarantee that the products or services will meet your expectations or be free from defects.
- Prices for our products and services are subject to change without notice. We reserve the right to modify, discontinue, or suspend any part of the Services at any time without prior notice. We are not liable for any changes, price fluctuations, or disruptions to the Services.
- Some products may be available exclusively online and in limited quantities. We reserve the right to limit the sales of products or services and may restrict sales based on customer location, order volume, or other factors.
Accuracy of Billing and Account information
- You agree to pay for all products, services, and other charges associated with your use of the Site. You will be required to provide accurate billing information, including a valid credit card or payment method, to complete transactions.
- We take full responsibility for processing payments, including managing refunds, chargebacks, cancellations, and dispute resolution. If a dispute arises, we will make a reasonable effort to resolve the issue and may issue refunds if deemed appropriate.
- You agree to promptly update your account information, including payment details, to ensure successful transactions.
Third- Party services and links
The Site may contain links to third-party websites, services, or tools that we do not control or endorse. We are not responsible for the content or accuracy of third-party websites, and you access them at your own risk. We are not liable for any damages resulting from your use of third-party services or websites.
Modifications to the Service
We reserve the right to modify, suspend, or discontinue any part of the Site or Services at our sole discretion. This includes, but is not limited to, changes in product offerings, pricing, shipping policies, and other features. We are not liable for any changes, interruptions, or discontinuations of the Services.
Disclaimers and Limitations of Liability
- The Services and products are provided "as is" and without warranty of any kind, either express or implied. We do not guarantee that the Services will be error-free, uninterrupted, or meet your expectations. You agree to use the Site at your own risk.
- In no event shall we be held liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages, arising from your use of the Services, the products, or the Site, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold us, our affiliates, employees, officers, directors, and agents harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your breach of this Agreement or any other activity related to your use of the Site or Services.
Termination
You agree that Betamall may terminate your account if Betamall has reason to believe that you have violated or failed to comply with the Terms of Service. Upon such termination, Betamall may delete and remove any of your User Content from the Service.
- Betamall has the absolute right to modify or temporarily or permanently suspend the Service (or any part of the Service) at any time. You agree that Betamall shall not be liable to you or to any third party for any modification or discontinuance of the Service (except to the extent provided above in Section IV for paid Services), unless otherwise agreed between Betamall and such third party.
- If you do not agree to the updated Terms and no longer want to participate in the Betamall social network community, you may delete your account at any time. If you change your mind, you may not be able to restore your account. Please note: You will lose all data and content in the deleted account.
Governing law
This Agreement will be governed by and construed in accordance with the laws of [Canada], without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in [Location] for any legal action arising from or related to this Agreement.
Severability
If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision will be deemed severed from this Agreement, and the remaining provisions will continue in full force and effect.
Entire Agreement
This Agreement, together with any other policies or operating rules posted by us on the Site, constitutes the entire understanding between you and us regarding the use of the Services. This Agreement supersedes any previous agreements or communications between you and us.
Intellectual Property Rights
1. Ownership of Platform Content
All content provided or made available by Betamall, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, design elements, and user interfaces (collectively, the "Platform Content"), is the exclusive property of Betamall or its licensors. Such content is protected by applicable copyright, trademark, and other intellectual property laws.
2. Trademarks
The trademarks, service marks, logos, trade names, and branding used on the platform (collectively, the "Marks") are the property of Betamall or third parties. You are prohibited from using these Marks without prior written permission from Betamall or the respective trademark owner.
3. User-Generated Content:
- Ownership of Listings and Submissions: By listing products or submitting content on the platform (e.g., product descriptions, images, reviews, or comments), you affirm that you own or have the necessary rights to such content.
- License to Use: You grant Betamall a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensee license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works of your content for the purpose of operating, promoting, and improving the platform.
- Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of any content you submit or post.
4. Prohibited Actions
You may not:
- Copy, reproduce, or redistribute the Platform Content, Marks, or any other proprietary materials without written consent.
- Use another merchant’s or seller’s content without authorization.
- Post or submit content that infringes the intellectual property rights of others.
- Reverse-engineer, decompile, or disassemble any software, tools, or features provided by the platform.
5. Platform Enhancements and Features
All modifications, enhancements, and features developed for the platform are the exclusive property of Betamall. Users do not acquire any rights in the platform or its features beyond the limited license granted herein.
6. Reporting Intellectual Property Infringement
If you believe your intellectual property rights have been infringed by content or listings on the platform, you must notify Betamall at [contact information]. Your notice must include:
- A detailed description of the allegedly infringing content or material.
- Evidence of ownership or rights to the intellectual property in question.
- Your contact details for follow-up.
- Upon receipt of a valid claim, Betamall will take appropriate action, including removing or disabling access to the infringing material.
7. Termination for Violations
Repeated violations of intellectual property rights by users, merchants, or sellers may result in the suspension or termination of their accounts.
Contact information
If you have any questions or concerns regarding these Terms of Service, please contact us at:
Email:
By continuing to use the Site, you acknowledge that you have read, understood, and agreed to these Terms of Service.