MyAmall Vendor Service Agreement

 

AGREEMENT TO TERMS

Prompt Clause

You are welcome to sign this "MyAmall Vendor Service Agreement" (hereinafter referred to as the "Agreement") with the MyAmall Vendor service provider. See the definition terms for details.

Before you use the MyAmall Vendor service (hereinafter referred to as the "Service"), you should read and agree to abide by this agreement (hereinafter referred to as the "Agreement"). This agreement includes the main text and attachments of the agreement, the "Consumer Protection Service Agreement" and All MyAmall related rules (see definition clauses for details).

This agreement is a split and revised version of the "www.myamall.com Platform Service Agreement". From the date of publication of this agreement, www.myamall.com sellers-related content in the "MyAmall Platform Service Agreement" all over MyAmall refers to this agreement.

The index keywords listed before the terms of service are only to help you understand the subject matter expressed in the terms, and do not affect or limit the meaning or interpretation of the terms of this agreement. In order to protect your own rights and interests, it is recommended that you carefully read the specific statements of each clause.

[Read carefully] Before you click to agree to this agreement. In the process of creating a store, you should carefully read all the content of this agreement (especially the clauses for exemption or limitation of liability, termination of agreement, liability for breach of contract, dispute resolution, etc.) which are marked in bold and underlined. If you have any questions about the agreement, you can consult MyAmall's Customer Service, and MyAmall will be happy to explain the terms to you.

[Signature action] When you click to sign this agreement online, it means that you have fully read, understood, and accepted all the content of this agreement, and this agreement is legally binding between you and MyAmall. If you do not agree to any content of this agreement or cannot accurately understand the meaning and interpretation of the terms, please immediately stop the process of creating a store or stop store business activities.

1. Definition

  • MyAmall: refers to the e-commerce platform website provided by MyAmall Express Global ltd with Internet information services and related software and technical support (website www.myamall.com or MyAmall App which is modified from time to time according to business needs, including computer or mobile device Internet URLs, etc.) and clients (Such as mobile APP, etc.).
  • Seller: Refers to the legal entity operating goods or services on www.myamall.com, and may also be referred to as "you" in this agreement.
  • Consumer: refers to any individual or organization that makes purchases on MyAmall and uses the purchased goods or services. It can also be referred to as a "buyer".
  • MyAmall Vendor Service Providers: MYAMALL EXPRESS GLOBAL LTD which may be referred to individually or collectively as "MyAmall" in this agreement.
  • Vendor Service: refers to the Internet information service and related software services provided by MyAmall to sellers on www.myamall.com. The services under this agreement are provided at the same time and terminated at the same time, and the seller cannot order or use them separately.
  • Rules: Refers to all rules, implementation rules, interpretations, product process descriptions, announcements, etc. that have been published and subsequently published in all MyAmall rules channels, forums, help centers, and other sections.
  • Payout Service: refers to the "Payout" service system provided by SEERBIT (UNITED BANK FOR AFRICA). (Hereinafter referred to as "SEERBIT") to sellers and the accompanying collection and payment services for sellers.
  • The Same User: If the same identity authentication information is used or the actual controller of multiple accounts is determined by MyAmall to be the same person, they are regarded as the same user.

2. The scope and validity of the agreement

2.1 [Scope of Agreement] The content of this agreement includes the main body of the agreement and its annexes, the "MyAmall Terms and Conditions" and all relevant rules that MyAmall has published or subsequently published and notified you in accordance with the law. The relevant rules of MyAmall are an integral part of this agreement and have the same legal effect as the body of this agreement. If you use the MyAmall Vendor Service, you are deemed to agree to all the contents of this agreement. Unless otherwise stated or signed an agreement, any expansion of MyAmall's service scope or software function enhancements for the purpose of improving consumer and seller experience, platform service upgrades, etc. are subject to this agreement.

2.2 [Effect of the agreement] When you click to sign this agreement online, it means that you have fully read, understood, and accepted all the contents of this agreement. This agreement is legally binding between you and MyAmall. If you do not agree to this agreement or cannot accurately understand the meaning of the terms or MyAmall’s interpretation of the terms, you should immediately end the shop creation process or stop shop operations.

This agreement serves as a supplement to the "MyAmall Platform Service Agreement". For the content not agreed in this agreement, the "MyAmall Platform Service Agreement" shall prevail; if this agreement is inconsistent with the "MyAmall Platform Service Agreement", this agreement shall prevail.

3. Seller Services and Specifications

3.1 Account Use and Information Submission

3.1.1 [Account Use] You must use your MyAmall platform account to log in to www.myamall.com when using the Vendor Service, and you should properly keep your account and password information to yourself at all times. Since your account is associated with your personal information and MyAmall commercial information, your account is limited to you. Without MyAmall's consent, your direct or indirect authorization of a third party to use your MyAmall account or obtain information under your account is invalid. Except for MyAmall's fault, you should be responsible for all the results of your account (such as signing an agreement online, publishing and disclosing information, etc.). The sign-up completed through your account is deemed executed by you or has been fully authorized by you. If MyAmall judges that the use of your account may endanger the security of your account and/or the information security of MyAmall platform in accordance with the procedures and standards for determination of breach of contract stipulated in the MyAmall rules, MyAmall may refuse to provide corresponding services or terminate this agreement.

3.1.2 [Information submission] If you want to use the services under this agreement, you must submit relevant information and supporting documents in accordance with relevant laws and regulations, relevant MyAmall rules, page prompts, and other requirements. You understand and agree that you are obliged to ensure that the information and materials you provide are true, legal, accurate, and effective, and that they must be updated in time if there are changes. Based on relevant laws and regulations, platform management and other requirements, you agree that MyAmall may conduct random checks on the information and supporting documents you submit from time to time and require you to submit more information or supporting documents for the aforementioned purposes. You understand and agree that MyAmall will only review applications for seller information, supporting documents, store creation, category release authority, etc. at the general level of public awareness. Unless otherwise provided by law, MyAmall will not be liable for losses caused by sellers’ trust review results.

3.2 Store Management

3.2.1 [Store Creation] By creating a store on MyAmall, you can publish information about new goods and/or services and enter into transactions with other users. Based on MyAmall's management needs, you understand and recognize that the same user can only open one store on MyAmall. MyAmall can close other stores that you open on MyAmall. Except as otherwise provided in MyAmall's relevant rules.

3.2.2 [Change of Store Operating Entity] Due to the inseparability of the store and the account, the change of the store operating entity is essentially the transfer of the store operator’s account. Relevant requirements and restrictions on the change of the store operating entity shall apply to the account in Article 3.2 of this " Service Agreement" The terms of the transfer, that is, because the store is associated with the commercial information of you and MyAmall and may involve consumer interests, only if there is an express provision of law, a judicial ruling, or the consent of MyAmall, and it complies with the change conditions and procedures of the store operator as stipulated in the rules of MyAmall. In this case, you can change the business entity of the store. Once the business entity of your store is successfully changed, the rights and obligations under your account will be transferred together. Except, in addition, your store/account must not be transferred in any way, otherwise MyAmall may terminate the service provided to the account and have the right to hold you accountable for a breach of contract, and the resulting responsibilities and consequences shall be borne by you.

 

3.2.3 [Shop Closure] If you temporarily close your shop by removing all products from the shelves, you shall continue to undertake the delivery, returns and exchanges, warranty repairs, and rights protection complaints about the transactions concluded before the closure of your shop.

If your shop has no products on sale for a certain period of time, MyAmall can also close your shop according to MyAmall rules. Closing the store according to the above agreement will not affect your accumulated credit.

 

3.3 Sales and Promotion of Goods and/or Services

 

3.3.1 [Release of product and/or service information] With the services provided by MyAmall, you have the right to publish product and/or service information on MyAmall through text, pictures, video, audio, etc., solicit and identify transaction partners, and achieve transaction. You declare and warrant that you have corresponding and legal rights to the information you publish, that the information you publish and the behaviours you implement are in compliance with relevant laws and regulations, national mandatory standards, and this agreement, and you are responsible for the management of the store Obligation, the information that appears in your store that violates the relevant laws and regulations of the country and the provisions of this agreement should be deleted immediately, otherwise, MyAmall may delete or block the information you publish in accordance with the law or in accordance with this agreement.

 

3.3.2 [Prohibited Information] You should ensure that the information you publish does not contain the following:

(1) Violating the prohibitive provisions of national laws and regulations;

(2) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror, or abetting crime;

(3) Fraud, false, inaccurate or misleading;

(4) Infringing on the intellectual property rights of others or involving third party trade secrets and other proprietary rights;

(5) Insulting, slandering, intimidating, involving the privacy of others, and infringing upon the lawful rights and interests of others;

(6) Viruses, Trojan horses, crawlers and other malicious software or program codes that may damage, tamper with, delete, affect the normal operation of any system of MyAmall or secretly obtain data, personal data of MyAmall and other users without authorization;

(7) Other violations of public interests or public morals, or in accordance with relevant MyAmall agreements and rules, which are not suitable for publication on Www.www.myamall.com.

 

3.3.3 [Prohibited Sales Range] You should ensure that you have the corresponding rights to the goods and/or services you publish on www.myamall.com. You are not allowed to sell the following goods and/or provide the following services on www.myamall.com:

(1) Prohibited or restricted by the state;

(2) Infringing on the intellectual property rights or other legal rights of others;

(3) www.myamall.com rules, announcements, notices or agreements signed separately by each platform and you have clearly stated that it is not suitable for sale and/or provision on www.myamall.com;

(4) Arms and Ammunitions, military or paramilitary wears etc.

 

Based on Internet-related features, you understand and know that the products you publish on MyAmall may be viewed and purchased by consumers in different countries and regions around the world. You must carefully pay attention to the relevant laws, taxation and other regulations of the relevant countries and regions, and ensure that you have the legal rights and qualifications to sell, and will not infringe the intellectual property rights or other legal rights of others.

 

3.3.4 [Display, Marketing and Promotion] MyAmall will display the goods and/or services you sell through MyAmall, and provide users with information classification, keyword search, filtering and collection functions to better match user needs. The corresponding display results may be comprehensively determined by various factors such as price, sales volume, inventory, credit evaluation, brand, service level, compliance operation, user demand preferences, retrieval habits, and competitiveness.

You have the right to decide on your own marketing and promotion methods of goods and/or services. MyAmall also provides you with a variety of marketing and promotion tools and will launch marketing activities from time to time according to market demand and sellers' operating conditions. Before you sign up for the above activities, you have fully understood that the eligibility and effects of the activities may be affected by such factors as activity positioning, product/store competitiveness, comprehensive rankings, activity coordination, etc. Once you choose to sign up, it means you promise to always Comply with relevant rules and requirements of corresponding activities. Without the consent of MyAmall, you promise not to withdraw in the middle of the event, and jointly ensure good user experience and the stable and orderly development of the event.

 

3.3.5 [Transaction Order Guarantee] You should abide by the principle of good faith, and ensure that the goods and/or service information you publish is true, consistent with the goods and/or services you actually sell and perform effectively in the transaction process your transaction promises.

You should maintain the order of healthy competition in the MyAmall market, and must not demean or slander competitors, or interfere with any transactions and activities on MyAmall, or enhance or attempt to increase your own credit in any improper way, or interfere or attempt in any way Interfere with the normal operation of MyAmall.

 

3.3.6 [Tax payment in accordance with the law] Tax payment in accordance with the law is the obligation of every citizen and enterprise. You should declare tax payment to the tax authorities in time and in full for the portion of sales/travel exceeding the legal exemption.

 

3.4 Consumer protection

 

You understand and agree that, as the responsible subject of consumer protection, you shall perform various consumer protection obligations in accordance with relevant laws and regulations, the "MyAmall Service Agreement" and relevant MyAmall rules, including basic consumer protection services Such as the truthful description of the goods, 7 days no reason to return, the performance of the special transaction agreement, the payment of security deposits, etc., specifically in the And relevant rules and regulations of www.myamall.com shall prevail.

 

3.5 Transaction Dispute Handling

 

[Transaction dispute settlement channels] If you have disputes with other users during MyAmall transactions, either you or the other users have the right to choose the following ways to resolve:

(1) Independent negotiation with the opposite party to the dispute;

(2) Use the dispute mediation service provided by MyAmall;

(3) Requesting consumer associations or other legally-established mediation organizations for mediation;

(4) Complain to the relevant administrative department;

(5) Refer to an arbitration institution for arbitration in accordance with the arbitration agreement (if any) reached with the opposite party to the dispute;

(6) File a lawsuit in court.


[Platform Mediation Service] If you use MyAmall’s dispute mediation service in accordance with MyAmall’s rules, it means that you agree and are willing to perform MyAmall’s customer service or public reviewers ("prescription") as an independent third party based on what they have learned Disputed facts and mediation decisions made in accordance with MyAmall rules (including adjusting the transaction status of related orders, determining that all or part of the disputed amount will be paid to one or both parties of the transaction, etc.). Before the MyAmall mediation decision is made, you can choose the above (3), (4), (5), (6) channels (hereinafter referred to as "other dispute resolution channels") to resolve the dispute to suspend MyAmall's dispute mediation service.

If you are not satisfied with the mediation decision, you still have the right to resolve the dispute through other dispute resolution channels, but you should still implement the mediation decision before obtaining a final decision through other dispute resolution channels.

 

3.6 Data Usage and Information Authorization.

3.6.1 [General Requirements] MyAmall respects and protects the data rights of you and other relevant subjects in accordance with the law for the data generated during your use of this service. Under this premise, the rights related to the data collected and recorded by MyAmall during your use of this service and other MyAmall operations belong to MyAmall and are MyAmall’s trade secrets. You are not allowed to do so without MyAmall’s prior written consent, use the aforementioned data for purposes other than those stipulated in this agreement or provide the aforementioned data to others in any form.

 

3.6.2 [Trade Secrets] MyAmall respects and protects the seller’s trade secret information such as the transaction volume of the seller’s store, the transaction volume of a certain category or a single product. In order to promote the seller’s store or its products, MyAmall may publicize the total transaction volume of your store, the transaction volume of a certain category or a single product during your participation in the official market activities organized by Www.www.myamall.com (including "Double Twelve", etc.), The above information can also be used for promotion.

3.6.3 [Authorized use] Within the scope permitted by law, for the purpose of promoting related products and/or related brands, you agree to grant MyAmall free of charge to you on www.myamall.com related display and promotion pages to show you all kinds of information in your shop ( Including product trademarks, logos, text, pictures, etc.) for copying (such as simultaneous display on multiple clients), modification (such as fine-tuning to adapt to the mobile visual experience), adaptation (such as adding platform overall activity design elements), translation (such as Translate to meet the browsing needs of overseas users) and may sublicense the right to use by third parties based on the above-mentioned purposes and methods.

 

3.6.4 [Data usage] All rights to all official products, technologies, software, programs, data and other information (including text, icons, pictures, photos, audio, video, charts, colour combinations, layout design, etc.) launched by MyAmall (Including copyright, trademark rights, patent rights, trade secrets and other related rights) are owned by MyAmall and its affiliates. Except for the data that you have the right to use commercially in accordance with relevant laws, you agree not to use any other data on MyAmall for commercial purposes, including but not limited to copying, disseminating or sharing data without MyAmall’s prior written approval. Any information displayed by other users on the MyAmall website is used in other ways such as disclosure.

 

3.6.5 [Personal Information Protection] You must strictly abide by the requirements of relevant laws on network security and data protection. Among them, the information you collect, use, and share in the course of store operations involves the personal information of MyAmall platform users. The principle of justification and necessity shall not violate the provisions of relevant laws and the agreement between you and the user, including without the other user’s authorization, you shall use the user’s order information and other necessary information related to the transaction only for "MyAmall as stipulated in the "MyAmall Privacy Policy" to satisfy the user's purpose of purchasing goods or services and completing after-sales service; it is prohibited to use their information without the user's explicit consent or beyond the scope of the user's authorization or illegally provide user personal information to others.

If the information you submit to the platform involves sensitive personal information such as a copy of the company’s legal representative’s ID card or its ID number, you guarantee that you have obtained the explicit consent of the relevant personal information subject and that the relevant purpose and behaviour are in line with your wishes and relevant Legal requirements.

 

3.6.6 [Personal Information Security] You shall take necessary technical measures to ensure data security. When information security risks occur or may occur, you shall immediately take remedial measures, promptly notify users in accordance with regulations and report to relevant competent authorities.

 

3.6.7 [Trade Restrictions] Please pay attention to and strictly abide by the relevant laws and regulations of import and export control, trade restrictions and economic sanctions that may affect your trading behaviour, so as to avoid losses to you or buyers, and to ensure compliance with relevant laws applicable to this platform, All import and export-related laws and regulations of technology and services. Based on the need to maintain transaction order and transaction security on the MyAmall platform, if you violate the aforementioned commitments, MyAmall may take the initiative to perform operations such as removing products and closing related transaction orders when the above-mentioned situation is discovered.

 

3.6.8 [Subject Information] Under this agreement, MyAmall Vendor service providers may change according to MyAmall’s business adjustments. After the change, MyAmall Vendor service providers will perform this agreement with you and provide services to you. The change of MyAmall Vendor service provider will not affect your rights and interests under this agreementMyAmall Vendor service providers may also be added because they provide new vendor services. If you use the new vendor services, you are deemed to agree that the new MyAmall Vendor Service Providers will perform this agreement with you. In the event of a dispute, you can determine the subject of your performance and the party to the dispute based on the specific service you use and the specific behavioural object that affects your rights and interests.

 

  1. The Cost

 

4.1 MyAmall has paid a lot of costs for the services www.myamall.com provides to you. Except for MyAmall's expressly charged services, the services MyAmall provides to you are currently free. If MyAmall charges you a reasonable fee in the future, MyAmall will take reasonable measures and pass legal procedures in advance within a reasonable time limit and notify you in the manner stipulated in Article 8 of this agreement to ensure that you have the full right to choose.

 

  1. Limitation of Liability

 

5.1 [Force Majeure and Third-Party Reasons] MyAmall fulfills its basic guarantee obligations in accordance with the law, but MyAmall does not bear the corresponding liability for breach of contract due to obstacles to contract performance, performance defects, performance delays or changes in performance content caused by the following reasons:

(1) Due to force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;

(2) Due to public service factors such as power supply failures, communication network failures, or third-party factors;

(3) In the case that MyAmall has done its best to manage, due to factors such as routine or emergency equipment and system maintenance, equipment and system failures, network information and data security.

 

5.2 [Massive Information] In view of the fact that MyAmall has the characteristics of massive information and the separation of information and physical objects in an information network environment , MyAmall does not need to deal with all sellers and buyers' transaction behaviors and other transactions related to transactions , except for clear regulations in law Carry out pre-review, but if a third party such as consumers, regulatory authorities, right holders, etc. notify MyAmall based on comprehensive analysis of products, transactions or stores and other multi-dimensional big data, it is found that a certain seller, product or information has product quality problems, Intellectual property infringement, transaction fraud and other illegal/improper behaviors that may violate relevant laws and regulations, this agreement, you agree that MyAmall uses the general cognition standard to make reasonable judgments on the relevant content based on the relevant procedures of the platform, and MyAmall can issue to the seller according to different situations Inquire or request correction notice, or directly delete relevant information, take restrictive measures on the store, or stop services. MyAmall is exempt from the above judgments.

 

5.3 [Mediation decision] You understand and agree that in the dispute mediation service, MyAmall's customer service and public reviewers are not professionals, and can only judge the vouchers submitted by users and/or sellers based on the general public perception. Therefore, MyAmall is exempt from the dispute resolution decision.

 

  1. User's Breach of Contract and Handling

 

6.1 Determination of breach of contract

If one of the following situations occurs, it shall be deemed as your breach of contract:

(1) Violating relevant laws and regulations when using MyAmall Vendor services;

(2) Violating the provisions of this agreement;

In order to adapt to the development of e-commerce and meet the needs of a large number of users for efficient and high-quality services, you understand and agree that MyAmall may agree on the procedures and standards for breach determination in the relevant rules of www.myamall.com. For example, MyAmall can determine whether you constitute a breach of contract based on the relationship between your user data and massive user data; you are obliged to provide sufficient evidence and reasonable explanations for your data anomalies, otherwise, it will be deemed a breach of contract.

 

6.2 Measures to deal with Breach of Contract 

 

[Information Processing] If the information you publish on MyAmall constitutes a breach of contract, MyAmall may immediately delete or block the corresponding information according to the corresponding rules, or remove your products from shelves and supervise them.

 

[Behavior Restriction] If your behaviour on www.myamall.com, or any behaviour that affects www.myamall.com and its users although not on MyAmall, constitutes a breach of contract, MyAmall may deduct points from your account and restrict participation in accordance with corresponding rules Dealing measures such as marketing activities, suspension of part or all of the services provided to you, deduction of liquidated damages, etc. If your behaviour constitutes a fundamental breach of contract, MyAmall may seal your account and terminate the provision of services to you.

  

[Publication of processing results] MyAmall may publish the information on the processing measures for your violations mentioned above and other illegal information confirmed by the effective legal documents of the national administrative or judicial organs on www.myamall.com.

 

6.3 Liability

 

If your actions have caused losses to MyAmall and/or its affiliates, you shall perform the compensation liability in accordance with this agreement. The losses (if any) suffered by MyAmall and/or its affiliates shall be compensated by you. :

(1)   Reasonable attorney fees, litigation fees, and necessary expenses for eliminating the impact;

(2)   Fines, liquidated damages or compensation for external expenditures due to administrative penalties, judicial decisions, mediation within the scope of legal standards, etc;

(3)   Loss of goodwill, loss of reasonably expected benefits (such as loss of consumers, reduced expenditures, reduced consumption frequency and reduced income of store operators, etc.), the specific amount can be independently and reasonably analyzed by a third party, MyAmall reasonably analyzed based on big data, and other Relevant estimation standards derived from reasonable methods for calculating gains and losses shall be used as the calculation basis;

(4)   Other losses suffered as a result.

If a third party suffers losses due to your actions or you are slack in fulfilling the mediation decision, MyAmall and/or its affiliates may deduct the corresponding amount for payment from the funds to that is to be remitted to you from items bought from your store. 

 

6.4 Special Agreement

 

[Commercial bribery] If you provide employees or consultants of MyAmall and/or its affiliates with benefits in kind, cash, cash equivalents, labour services, tourism, etc., which are obviously beyond the scope of normal business negotiations, you can be deemed to have committed commercial bribery. In the event of the above situation, MyAmall may immediately terminate all cooperation with you and collect liquidated damages and/or compensation from you. These amounts are calculated based on the economic loss and loss of goodwill suffered by MyAmall due to your bribery.

 

[Association processing] If you terminate this agreement by MyAmall due to a serious breach of contract, MyAmall and/or its affiliates may suspend or even suspend cooperation with you under other agreements for the purpose of maintaining the order of the platform and protecting consumer rights and interests Measures to terminate the agreement and notify you in the manner agreed in Article 8 of this agreement. If other agreements signed by MyAmall and you and the agreements signed by MyAmall and/or its affiliates company with you clearly stipulate that you will cooperate with you under this agreement, MyAmall will maintain the order and order of the platform. For the purpose of protecting the rights and interests of consumers, the agreement can be suspended or even terminated when the instruction is received, and you will be notified in the manner stipulated in Article 8 of this agreement.

 

  1. Changes to the Agreement

 

MyAmall may modify this Agreement from time to time in accordance with the changes in national laws and regulations and the need to maintain transaction order and protect consumer rights and interests. The modified agreement (hereinafter referred to as "changes") will go through legal procedures and be notified in the manner stipulated in Article 8 of this agreement you. Once the amendment to this agreement becomes effective, it will constitute a supplement to the rights and obligations of you and MyAmall and become a part of this agreement.

If you do not agree to the changes, you have the right to contact MyAmall for feedback before the effective date of the changes. If the feedback is adopted, MyAmall will adjust the changes as appropriate.

If you still disagree with the changes that have taken effect, you should stop using the MyAmall Vendor service from the date when the changes take effect, and the changes will not be effective for you; if you continue to use the MyAmall Vendor service after the changes take effect, It is deemed that you agree to the changes that have taken effect.

 

  1. Notice

 

8.1 Effective Contact Information

When you register as a MyAmall Vendor and accept MyAmall Vendor services, you should provide MyAmall with real and effective contact information (including your email address, contact phone number, contact address, etc.). You are obligated to change the contact information, update relevant information in a timely manner and maintain the status of being contactable.

The member account (including sub-account) that you generated when you registered as a MyAmall platform user and used to log in to the MyAmall platform to receive station messages, system messages, and instant messages etc. is also your effective contact method.

MyAmall will send you various notifications to one or several of your above contact methods, and the content of such notifications may have a significant beneficial or adverse impact on your rights and obligations. Please pay attention to it in time.

 

8.2 Service of Notice

MyAmall sends you notices through the above contact methods, among which written notices sent electronically, including but not limited to announcements on www.myamall.com, sending SMS to the contact number you provided, and sending email to the email address you provided, Sending information, system messages, and station letter information to your account will be deemed to be delivered after successful delivery; written notices sent on paper will be deemed to be delivered after the mail delivery service acknowledges successful delivery

For any disputes arising from trading activities on www.myamall.com, you agree that the judicial organs (including but not limited to courts) can serve your legal documents (including but not limited to litigation documents). The contact information of the mobile phone number, email address account you specify to receive legal documents is the mobile phone number and email contact information you provided when registering and updating MyAmall. The legal documents issued by the above contact methods shall be deemed to have been served. The mailing address you specify is your legal contact address or the valid contact address you provided.

You agree that the judicial authority may use one or more of the above service methods to serve you legal documents, and the judicial authority may use multiple methods to serve you legal documents. The service time shall be the first of the above service methods.

You agree that the above method of service is applicable to all stages of judicial proceedings. Such as entering the litigation procedures, including but not limited to the first instance, second instance, retrial, and execution and supervision procedures.

You should ensure that the contact information provided is accurate, effective, and updated in real-time. If the provided contact information is inaccurate, or the changed contact information is not notified in time, and the legal documents cannot be delivered or are not delivered in time, you shall bear the legal consequences that may arise.

 

  1. Termination of the agreement

 

9.1 Circumstances of Termination

 

[Seller Initiated Termination] You have the right to terminate this agreement by any of the following methods:

(1) You cancel your account when you meet the account cancellation conditions announced by www.myamall.com ;

(2) Before the change takes effect, you stop using it if you expressly do not want to accept the change;

(3) You expressly do not wish to continue using the seller’s services and meet the conditions for termination of www.myamall.com.

 

[Termination initiated by MyAmall] In the following circumstances, MyAmall may notify you to terminate this agreement in the manner listed in Article 8 of this agreement:

(1) You violated this agreement and MyAmall terminated this agreement in accordance with the terms of the breach;

(2) You embezzle other people's accounts, publish prohibited information, defraud other people's property, sell counterfeit goods, disrupt market order, take improper means for profit, etc., MyAmall seizes your account in accordance with MyAmall's rules;

(3) In addition to the above circumstances, because you have repeatedly violated the relevant provisions of MyAmall rules and the circumstances are serious, MyAmall seizes your account according to MyAmall rules;

(4) You have committed fraud, published or sold counterfeit or infringing goods on MyAmall platform, infringed on the legal rights of others, or other serious violations of the law;

(5) Other circumstances where the service should be terminated.

 

9.2 Handling after the termination of the agreement

 

[User Information Disclosure] After the termination of this agreement, MyAmall has no obligation to disclose any information in your account to you or a third party designated by you, except as clearly provided by law.

 

[MyAmall rights] After the termination of this agreement, MyAmall still enjoys the following rights:

(1) Continue to save all kinds of information listed in Article 3.6 of this Agreement that you have kept on MyAmall;

(2) For your past breaches of contract, MyAmall can still pursue you for breach of contract in accordance with this agreement.

 

[Transaction processing] After the termination of this agreement, MyAmall may notify the counterparty of the transaction and decide whether to close the transaction order according to the willingness of the counterparty; if the counterparty of the transaction requires continued performance, Then you should continue to perform the agreement and the agreement of the transaction order for such transaction orders, and bear any losses or any additional costs arising therefrom.

 

  1. Application of Law, Jurisdiction and Others

 

[Applicable law] The conclusion, entry into force, interpretation, revision, supplementation, termination, execution and dispute resolution of this agreement shall be governed by the laws of the Federal Republic of Nigeria; if there are no relevant provisions in the law, refer to business practices and/or industry practices.

 

[Jurisdiction] Disputes arising from your use of this service and related to this service will be settled by MyAmall through negotiation with you. If the negotiation fails, either party may bring a lawsuit to the court with jurisdiction where the defendant is located.

 

[Severability] Any clause of this agreement is deemed to be annulled, invalid or unenforceable, and the clause shall be deemed to be separable and does not affect the validity and enforceability of the remaining clauses of this agreement.

 

  1. Liability clause:

You agree that MyAmall shall be exempted from all liabilities that may arise as a result of your own actions. (Provided however, that all due diligence as prescribed has been satisfied by MyAmall) Liability in this instance is exclusive to the shop owner.

  1. Mode of payment:

For ease of doing business, MyAmall has subscribed to the SEERBIT (UNITED BANK FOR AFRICA) payment system. All products purchased from MyAmall website (whether from vendor's shop or MyAmall store) shall be paid into MyAall SEERBIT Account.

Upon confirmation of satisfactory delivery of the product to the client, MyAmall shall proceed to pay the purchase sum to the Vendors accounts as supplied. Payment is subject to deductions (explain deduction in the next clause) 

 

  1. Deduction:

You agree that for services enjoyed on our platform, every transaction successfully executed by you shall be subject to a deductible ration of 5%

 

  1. Accessories



Attachment 1: Letter of Commitment to Integrity Management



Attachment 2: Dangerous Goods Compliance Commitment

 

 

 

Annex I:

 

Integrity Management Commitment



In order to jointly build an honest and transparent online consumption environment, jointly maintain a fair and standardized online business order, and jointly promote the healthy and sustainable development of the e-commerce ecosystem, our store (myself) hereby promises the following to the majority of netizens and MyAmall:
1. No participation, Do not join or form any transaction credit speculation organization (the transaction credit includes product sales, evaluation, DSR scores, etc.);
2. Do not conduct any transaction credit speculation and ensure that each transaction content and transaction credit are true and reliable Letter, there is no fiction or hype.
3. Do not publish, disseminate, or promote any illegal information related to transaction credit hype, and actively report such illegal information;
4. Actively accept the supervision of the majority of netizens and MyAmall, strictly abide by and actively maintain the MyAmall transaction credit system Various rules;
5. If this shop violates the rules of MyAmall's transaction credit system, this shop is willing to accept MyAmall's corresponding handling measures, and bear the related responsibilities arising therefrom.

This shop solemnly promises: This shop will always abide by the above commitments, will not engage in any form of transaction credit speculation, strictly abide by national laws and regulations and relevant regulations of MyAmall, and carry out business activities in an honest, fair and standardized manner. 


 

Annexe II:

Dangerous Goods Compliance Commitment



This shop has clearly known the following content: According to the "Internet Dangerous Goods Information Release Management Regulations", dangerous goods refer to guns and ammunition, explosives, highly toxic chemicals, explosives and other dangerous chemicals, radioactive materials, nuclear materials, controlled equipment and other items that can endanger personal safety and property safety. The MyAmall platform has formulated corresponding prohibition rules, prohibiting members from publishing the above-mentioned dangerous goods information and trading the above-mentioned dangerous goods on the MyAmall platform.

This shop solemnly promises as follows: Strictly abide by the "Anti-Terrorism Law", "Network Security Law", "Advertising Law", "Internet Information Service Management Measures", "Computer Information Network International Network Security Protection Management Measures", "Firearms Management Law" "Regulations on the Safety Management of Explosives for Civil Use", "Regulations on the Safety Management of Hazardous Chemicals" and "Regulations on the Management of Information Release of Hazardous Materials on the Internet" and other laws, regulations and policy documents, and guarantee the fulfilment of the following safety responsibilities:

  1. Consciously abide by the current national laws, regulations and policy documents on safety management and hazardous materials management, and actively cooperate with the safety supervision and law enforcement inspection activities carried out by the relevant regulatory authorities.
  2. Consciously abide by MyAmall platform's relevant prohibition rules on dangerous goods, actively carry out self-inspection and self-inspection of product information, do not publish, disseminate, or trade the above-mentioned dangerous goods, or engage MyAmall platform to develop product information for dangerous goods in accordance with regulations Work with transaction management.
  3. In the process of product information release and transaction fulfilment, do not resort to fraud to evade the management of dangerous goods by the relevant regulatory authorities and MyAmall platform.
  4. If the goods sold are not dangerous goods, but they can be used to manufacture dangerous goods or can be used for illegal purposes, never introduce the manufacturing and use methods and illegal uses of related dangerous goods. If the buyer is found to be suspected of violating the law or criminal in the transaction, immediately stop the transaction with the buyer, and report relevant clues to the relevant regulatory authority or platform management department. 

This shop has been aware of the above obligations and has made a commitment to safety responsibility. If I fail to perform the above statutory obligations and commitments, resulting in illegal and criminal activities or other damages, I will bear the corresponding legal liabilities in accordance with the law.

 

Effective date October 1, 2020