Official Shop Terms of Service

Official Shops are participating Sellers that have been carefully selected by Univercell (such Sellers, “Official Shops”) from whom Univercell-registered Buyers will be able to enjoy the rights and privileges described in these Official Shop Terms of Services (“Official Shop Terms of Service”) when purchasing Items from Official Shops (“Official Shop Items”). If you are a Buyer, you will be deemed to have consented to the terms and conditions described in these Official Shop Terms of Service when you make purchases on Univercell. Similarly, if you are an Official Shop, you will be deemed to have consented to the terms and conditions described in these Official Shop Terms of Service by your continued participation in Univercell as an Official Shop. These Official Shop Terms of Service supplement the Terms of Service and the other Univercell Policies, of which these Official Shop Official Shop Terms of Service forms a part – please read the Terms of Service and the other Univercell Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these Official Shop Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable Univercell Policy. All terms and conditions described in these Official Shop Terms of Service are subject to change at Univercell’s discretion pursuant to the Terms of Service.

1. Official Shop Cancellation, Return and Refund Policy

1.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Univercell Guarantee Account.

1.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Univercell Guarantee Period, if applicable, subject to and in accordance with Univercell’s Refunds and Return Policy. Please refer to Univercell’s Refunds and Return Policy for further information.

1.3 Univercell reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Univercell Guarantee Account.

1.4 If you have redeemed Univercell Coin for your transaction and you are successful in obtaining a refund based on Univercell’s Refunds and Return Policy, Univercell shall refund the monies you have actually paid for the item and credit back any redeemed Univercell Coin to your Account separately.

2. Official Shop Terms and Conditions

2.1 If you are an Official Shop, you should have received a separate written notification from Univercell informing you of your selection to participate as an Official Shop. If you decide not to participate as an Official Shop at any time, please inform Univercell in writing; otherwise, you will be deemed to have elected to continue your participation as an Official Shop and consented to the terms and conditions set out in these Official Shop Terms of Service.

2.2 Each Official Shop warrants that the Official Shop Item it offers on Univercell and actually delivered to Buyer (a) complies with (i) applicable law and (ii) the specifications listed (and made available to Buyer) on the Site, including any and all product warranties, specifications, drawings, samples, performance criteria and all applicable quality, safety and hygiene requirements, and (b) will be free from defects. Each Official Shop understands and agrees that it will be responsible for any non-conformity or defect in, or any public or private recall of, any of the Official Shop Items, and will hold Univercell harmless from any losses relating to the foregoing

2.3 If an Official Shop is found to have offered or sold any Official Shop Item on Univercell that is restricted under Univercell’s Prohibited and Restricted Items Policy, Univercell reserves the right to, at its sole discretion, remove the offending Official Shop Items from Univercell, and execute refunds (and any adjustments) to Buyers who have purchased such Official Shop Items (even if Buyers did not comply with any of the requirements described in Section 1 above), in which case Official Shop agrees to reimburse Univercell for all such refunds (including any related costs and charges) and authorizes Univercell to deduct such amounts from any amounts payable to Official Shop or take such other action as deemed appropriate by Univercell in its discretion

2.4 Univercell’s determination to approve a refund or return of an Official Shop Item pursuant to Section 1 above is binding on the relevant Official Shop. Official Shops agree to comply and do all such things as necessary to give effect to a Buyer’s request for a refund or return approved by Univercell.

2.5 Univercell will provide Return Air Waybills to Official Shops at no additional cost to Official Shops, and each Official Shop will be responsible for providing the relevant Return Air Waybill to Buyers when fulfilling the purchase order made by Buyers on Univercell. If an Official Shop has failed to provide the proper Return Air Waybill to a Buyer whose request for refund or return has been approved by Univercell, Univercell reserves the right to elect any method of logistics to facilitate the return of the relevant Official Shop Items from such Buyer. Official Shops understand and agree that in the case of the foregoing, Univercell has the right to recover from the relevant Official Shop any costs incurred in returning the Official Shop Item(s) without a Return Air Waybill, including by deducting such amounts from any amounts payable to such Official Shop.

2.6 For any refund or return request approved by Univercell, Univercell will organize the delivery of the relevant returned Official Shop Item to the address provided by the relevant Official Shop to Univercell in writing for the completion of the refund and return process, at no additional cost to such Official Shop so long as such address is in the country in which the relevant Official Shop Item was listed for sale on the Site (a “Local Address”). If Official Shop fails to provide a Local Address for return of the returned Official Shop Item or otherwise fails to accept delivery of the returned Official Shop Item within a reasonable period of time (as determined by Univercell), Univercell reserves the right to dispose of such Official Shop Item in any manner it sees fit and Official Shop shall be deemed to have forfeited all rights to such Official Shop Item.

2.7 For any refund or return rejected by Univercell where the relevant Official Shop Item was received by Univercell, Univercell will organize the delivery of such Official Shop Item to the relevant Buyer’s address pursuant to Section 1.6 above.

Terms of Service 1.INTRODUCTION

1.1 Welcome to the Univercell platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Univercell account ("Account") so that you are aware of your legal rights and obligations with respect to Univercell Southeast Asia Limited and its affiliates and subsidiaries (individually and collectively, "Univercell", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Univercell client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Univercell.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Univercell is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Univercell is not involved in the transaction between Users. Univercell may or may not pre-screen Users or the Content or information provided by Users. Univercell reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Univercell cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 Univercell reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Univercell may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Univercell may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 Univercell reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING UNIVERCELL SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

6. TERM OF USE

6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Univercell may affect such termination with or without notice to you.

6.2 You agree not to:

  • upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
  • upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
  • use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • remove any proprietary notices from the Site;
  • cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Univercell;
  • use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
  • use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
  • open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
  • access the Univercell platform, open a user account, or otherwise access your user account using any non-official Univercell hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;
  • manipulate the price of any item or interfere with other User's listings;
  • take any action that may undermine the feedback or ratings systems;
  • attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Univercell with respect to the Services and/or data transmitted, processed or stored by Univercell;
  • harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
  • upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • 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 unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
  • upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the
  • functionality or integrity of any computer software or hardware or data or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
  • interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
  • use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
  • use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
  • use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
  • infringe the rights of Univercell, including any intellectual property rights and any passing off of the same thereof;
  • use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
  • list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Univercell, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Univercell be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that Univercell and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Univercell and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Univercell or submitted to Univercell, including, without limitation, information in Univercell Forums and in all other parts of the Site.

6.5 You acknowledge, consent to and agree that Univercell may access, preserve and/or disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Univercell or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Univercell, its Users and/or the public.

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

  • Listing deletion
  • Limits placed on Account privileges
  • Account suspension and subsequent termination
  • Criminal charges
  • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief