Podmalls Terms of Service
In order to register a Podmalls account or use Podmalls services, you should read and abide by the Podmalls Terms of Service (the “Terms”). The terms “Podmalls” and “we” in these Terms refer to the applicable Podmalls Parties (as defined in Section 4 below).
Podmalls offers a variety of products and services pursuant to these Terms that will assist you to go online (the “Online Services”) in order to sell products and services to Buyers. The aforesaid products and services are collectively referred to in these Terms as “Podmalls Services”. Any new features or tools added to the Podmalls service shall be governed by these terms. We may update the contents of these Terms from time to time and Podmalls reserves the right to modify and update these Terms by Posting updates and changes on the Podmalls website. It is recommended that you review these Terms of Service from time to time for any updates or changes that may affect you. If you refuse to accept updates or modifications to the terms, please immediately discontinue using Podmalls Services.
- To access and use Podmalls services, you must provide a legal full name, current address, phone number, valid email address, and any other information required when registering for a Podmalls account. Podmalls may refuse your account application or cancel your existing account for any reason.
- You must be 18 years of age or at least of legal age of majority in the place where you live or use the Services (the “Place of Business”).
- You confirm that you are using Podmalls services for business purposes and not for personal or family reasons.
- In the event of any breach or breach of any of the terms of Service (including the Use Agreement) (such breach shall be at Podmalls’ sole discretion), your services may immediately terminate and accept your statement, and the email address provided or subsequently updated when you register your account is Podmalls’ primary means of communication with you. You should take care to check this mailbox and make sure it can send and receive messages. Your email communications with Podmalls are deemed to have come from you only if they are from your primary account email address.
- It is your responsibility to ensure that your account password is secure. Podmalls shall not be liable for any loss or damage caused by your failure to ensure the security of your account password.
- You acknowledge that you are responsible for the creation and operation of your own store.
- Podmalls is not an online retail platform (Marketplace). The transactions generated by the stores you generate through Podmalls technology are direct transactions between you and a third party, and have nothing to do with Podmalls.
- You are responsible for all activities of your account and materials uploaded, collected, generated, stored, displayed, distributed, transmitted or displayed (including photos, images, videos, graphics, written content, audio files, code, information or data).
- In the event of any breach or breach of any of the terms of Service (including the Use Agreement) (such breach shall be at Podmalls sole discretion), your Services may be terminated immediately.
- Podmalls account
- 1.1 Store owner
- 1.1.1 Subject to Section 1.1.2, for the purposes of this Clause, the person who registers for the Services will be a Contracting Party (the “Store Owner”) and will be authorized to use the related Services we provide to the Store Owner. You are responsible for ensuring that the name of the store owner (including the legal name of the company to which the store belongs, if applicable) is clearly displayed on the Store’s website.
- 1.1.2 If you register for the service on behalf of your employer, your employer should be the store owner. If you register for services on behalf of your employer, you must use the email address provided by your employer, and you represent and warrant that you have obtained authorization to bind your employer to these Terms of Service.
- 1.1.3 Your Podmalls store can only be associated with one store owner. One store owner can have multiple Podmalls stores. “Store” means the online store or physical retail location associated with the account.
- 1.2 Employees account
- 1.2.1 Depending on the Podmalls package you subscribe to, you can create one or more employee accounts (” Employee accounts “) to allow others to access the account. The store owner can set permissions and determine the level of access employee accounts can have to specific business information (for example, you can set employee accounts to restrict access to sales information on the Reports page, or to prohibit employee accounts from changing general store Settings).
- 1.2.2 All consequences arising from the use of employee accounts in fulfillment of obligations under these Terms of Service shall be the responsibility of the Store Owner and shall be deemed to be the store Owner’s own.
- 1.2.3 Store owners and users under “Employee accounts” are called “Podmalls users.”
- 1.1 Store owner
- Checkout account
- 2.1 After signing up for the service, Podmalls will offer a number of payment service providers for merchants to choose from. You can choose from these channels to collect customer payments.
- 2.2 You are responsible for registering, activating and maintaining your account. If you no longer need these accounts to remain active, you must close them yourself. For the avoidance of ambiguity, payment service providers are third-party services as defined in Article 15 of this Article.
- 2.3 By using a payout account in your Store, you agree to be bound by the terms and conditions of the appropriate payment service provider, which may be amended from time to time. Such amendments shall take effect from the date of promulgation. If you continue to use your payment account in your store after the revised terms have been published, you agree to and accept the revised terms. If you do not agree to any changes made by the payment service provider to the terms, please close your account and do not continue to use the payment service in your store.
- Technical support related to the Podmalls service is only provided to Podmalls users.
- The Terms of Service shall be governed by and construed in accordance with the laws of The Province of Ontario and applicable Canadian laws and exclude conflict of laws rules. The United Nations Convention on contracts for the International Sale of Goods shall not apply to these Terms of Service and are expressly excluded.
- You acknowledge and agree that Podmalls may modify these Terms by Posting relevant amendments or restatements of the Terms of Service on (website). The revised version of these terms shall take effect from the date of publication. If you continue to use our services after the effective date, it means that you agree and accept the revised Terms of Service. If you do not agree to any changes to the Terms of Service, please do not continue to use our services.
- You may not use the Podmalls Service for any illegal or unauthorized purpose, nor may you use the Service in violation of any laws (including but not limited to copyright laws) in the place where you operate, the laws and regulations applicable in the place where your customers operate, or any laws and regulations in China. You will comply with all applicable laws, regulations and rules and these Terms of Service when using the Service.
- Your access to and use of the Podmalls API (as defined in the API Terms) is governed by the API License and Use Terms (url). You are responsible for the use of your API certificates (as defined in the API terms) and for ensuring the security of your API certificates.
- Without the written permission of Podmalls, you may not reproduce, copy, sell, resell or profit from any part of the Services, use of the Services or access to the Services.
- You may not purchase domain names and search engines or other pay-per-click keywords (such as Google ads) that use Podmalls, the Podmalls trademark, variations or misspellings.
- If you have any questions about these terms, please email us at cs@Podmalls.com.
- You understand that your data (excluding credit card information) may be transferred without encryption and involve (a) transmission over various networks; (b) Changes made to conform to and adapt to the technical requirements of the connected network or equipment. Credit card information is always encrypted as it travels over the network.
- These terms may be translated in languages other than Chinese. In the event of any contradiction or conflict between the terms of Service in different languages, the latest English version of the Terms of Service shall prevail. Unless otherwise determined by Podmalls (at Podmalls’ sole discretion) or required by applicable law, all disputes arising from this Clause will be resolved in Chinese.
- All terms and provisions of the Terms of Service shall be binding on and in favor of the Parties to the Terms of Service and their respective successors, successors, permitted assigns and legal representatives. Podmalls reserves the right to transfer these Terms of Service without notice to you or your consent. You have no right to assign or otherwise assign these Terms of Service or any of your rights or obligations under this Agreement to a third party without the prior written consent of Podmalls.
- If for any reason any term or part of any term in these Terms of Service is invalid or unenforceable, then such term or part is invalid or unenforceable but will not affect any other term. These Terms of Service shall be deemed not to cover such invalid or unenforceable terms.
- If your store’s billing address is in the United States, Canada, or the European Union (a member of the European Union), this Section 4.1 applies to you:
- a.”Podmalls Contracting Party” means Xiamen MIDI Technology Co., LTD., a Chinese company.
- b.The parties shall irrevocably and unconditionally submit to the exclusive jurisdiction of the Ontario Courts for any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on contracts for the International Sale of Goods does not apply to these Terms of Service and are expressly excluded.
This Section 4.2 applies to you if your store’s billing address is in the Asia Pacific region (including Australia, New Zealand, China, Japan, Singapore), the Middle East and Africa region or any region outside the region specified in Section 4.1, including Russia, South America, the Caribbean or Mexico:
- a.”Podmalls Contracting Party” means Xiamen MIDI Technology Co., LTD., a Chinese company.
- b.Both parties shall irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Hong Kong for any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on contracts for the International Sale of Goods does not apply to these Terms of Service and are expressly excluded.
- We reserve the right to modify or terminate the Service at any time for any reason without prior notice. Not all services and features are available in various jurisdictions and we are under no obligation to provide any services or features in any jurisdiction.
- We reserve the right to refuse service to any person at any time.
- If we determine that the Goods or services provided by the Store or the materials posted to the Store violate Podmalls’ Agreement of Use or these Terms of Service, we shall have the right, but not the obligation, to remove the materials and suspend or terminate the account.
- Any form of verbal or written abuse (including verbal abuse or threats of retaliation) directed at Podmalls customers, Podmalls employees, members or employees will result in immediate termination of the account.
- Podmalls does not pre-screen material and we may refuse or remove any material from the service at our sole discretion.
- We reserve the right to provide services to your competitors and do not promise exclusivity in any particular market segment. You further acknowledge and agree that Podmalls partners or employees may also be Podmalls customers or merchants who may compete with you, but they may not be able to use your Confidential Information.
- We reserve the right to request documentation of account ownership if there is a dispute. Documents may include, but are not limited to, a scanned copy of your business license, government-issued identification, the last four digits of your credit card, proof of employment, etc.
- We have the right to determine ownership of the legitimate account and to assign the Account to the legitimate account owner at our sole discretion. If we are unable to determine the rightful owner of the account, Podmalls reserves the right to temporarily disable the account, without prejudice to Podmalls’ possible other rights and remedies, until the parties to the dispute determine a resolution.
- “Confidential Information” shall include, without limitation, any and all information relevant to the Business of the Party and not publicly available, Includes specific business information, technological process and formula, software, customer lists, potential client list, name, address and other information about customers and potential customers, product design, sales, costs (including any relevant handling), price list and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, Whether marked confidential or proprietary. Podmalls confidential Information includes all information you receive relating to us or our services that is not publicly known, including information relating to our security programs or practices.
- The parties agree to use the other party’s confidential Information only to the extent of performing their obligations set forth in the Service Terms and in accordance with other obligations agreed herein. The parties agree that the measures should be taken all reasonable steps, is equivalent to at least one party to protect its own confidential information of measures to prevent copying, disclose or use any such confidential information, and (I) the must access the information of its employees, agents and subcontractors and their employees, shall abide by the confidentiality obligations; (ii) To the extent permitted by law and pursuant to applicable laws or court orders, the Receiving Party shall promptly give written notice to the Disclosing Party and use commercially reasonable efforts to ensure that such disclosures are treated in confidence. Confidential information shall not include such information as the receiving party can demonstrate :(A) it was already in the public domain or was already known or possessed by the receiving party at the time of disclosure of such information; (B) Independently developed by the Receiving Party without using or referring to the Confidential Information of the other party or violating any provision of these Terms of Service; Or (C) subsequently properly obtained by the Receiving Party from a source other than the Disclosing Party that does not violate any of these Terms of Service.
7、Limitation of liability
- You clearly understands and agrees that, within the scope of the law, because Podmalls does not undertake any use or not use Podmalls service caused by the direct, indirect, incidental, special, or punitive losses on property, including but not limited to, because of the use or not use the service benefits, goodwill, data or other intangible loss.
- To the extent permitted by law, in no event shall Podmalls and its suppliers be liable for any loss of profit or any special, incidental or incidental loss arising out of or in connection with our Site, Services or these Terms of Service (including negligence). You shall indemnify Podmalls And its affiliates, Podmalls’ partners, Podmalls’ officers, directors, agents, employees and suppliers against any breach by you of these Terms of Service or other ancillary documents (including the Use Agreement), Or any claim for damages arising from your violation of any law or rights of third parties, and agree to reimburse us for any costs and damages we have paid, including reasonable attorney’s fees.
- You use the Service at your own risk. The Services are provided to you on an “as is” and “as is” basis without warranties or conditions of any kind, express, implied or statutory.
- Podmalls does not guarantee that the service is timely, safe, error-free and uninterrupted.
- Podmalls does not warrant that results obtained through use of the Service are accurate or reliable.
- Podmalls shall not be liable for any tax and fee payment obligations arising from your use of Podmalls services.
- Podmalls does not guarantee that any products, services, information or other materials you purchase or obtain through the Services will be of the quality you expect or that any errors in the Services will be corrected.
8、Waiver, severability and entire Agreement
Podmalls’ failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If there are one or more of the provisions of this clause (including all terms and other files to include the reference form) is with legal jurisdiction of the court as invalid, illegal or not enforced, Podmalls will change and explain such rules to the fullest extent permitted by law to replace such invalid, illegal, or not to enforce the provisions of the The economic effect of such valid provision shall, to the extent possible, be similar to the economic effect of such invalid, illegal or unenforceable provision, and the validity, legality or enforceability of the remaining provisions of this Provision shall not be affected or impaired in any way.These Terms of Service (including other documents incorporated therein by reference) constitute the entire agreement between you and Podmalls, govern your use of the Services and accounts and supersede any prior agreement between you and Podmalls (including but not limited to any previous version of the Terms of Service).
9、Intellectual property and customer content
- We do not claim any intellectual property rights in the materials you provide to Podmalls Services and you retain intellectual property rights in all materials you provide to Podmalls Services. All the information you upload belongs to you. You can delete your account at any time to delete your Podmalls store.
- In uploading the materials, you agree to :(a) allow other Internet users to view the materials you publicly post to your store; (b) Allow Podmalls to store, display and use your materials (for materials you publish publicly); (c) Podmalls may, at any time, review and delete any material you submit to its Services, but Podmalls has no obligation to do so.
- You retain the ownership of all materials you upload to the Podmalls store; However, in order to make your store public, you agree to and allow others to view the information you publicly post to the Store. It is your responsibility to ensure that such information complies with any applicable laws or regulations.
- Podmalls reserves the non-exclusive right and license to use the name, registered trademark, service mark and brand logo (LOGO) associated with your store to market the Podmalls Services.
10、The deliveryFor items sold at your Podmalls store, you may purchase shipping labels from Podmalls third party service providers at the time of shipment.
11、Theme of the shop
- You can use the design template in the Podmalls Theme Store (” Theme Template “) to design the look of the Podmalls store. If you download a theme template, you can only use it for a single store. If you close one store, you can transfer the template to your second store. To transfer the template to another of your stores, contact Podmalls Support. You may not transfer or sell templates to any other person’s store on Podmalls or other platforms. Multiple stores require multiple downloads, and each download requires a fee. Podmalls does not guarantee that a particular template can be downloaded more than once. You can choose to modify the theme template to suit your shop. Podmalls can add or modify footers used to reference Podmalls as appropriate. Podmalls may also, in its sole discretion, modify content that violates Podmalls’ Use Agreement or Terms of Service, even if you have received such templates. Podmalls can modify theme templates as needed to reflect technical changes and updates.
- The intellectual property of theme templates remains with the designer. If you exceed the rights permitted by the purchase theme, the Designer may take legal action against you and Podmalls may take administrative measures such as modifying your store or closing your store without affecting other rights and remedies.
- Technical support for theme templates is the responsibility of the designer. Podmalls does not assume responsibility for providing such support, but Podmalls can help you contact the designer.
- It is the user’s responsibility to ensure that new templates installed do not overwrite or destroy the user’s current or pre-existing themes or user interface, and Podmalls accepts no liability for any loss or damage.
12、Cancellation and termination
- You can cancel your account and terminate the Terms of Service at any time by sending an email to cs@Podmalls.com, and then follow Podmalls’ instructions in the reply email.
Termination of the Services by either Party for any reason:
- Podmalls will stop providing services to you and you will no longer be able to access your account;
- Unless otherwise stated in the Terms of Service, you are not entitled to a pro rata or otherwise refund of any fees;
- Prior to the effective date of termination, any outstanding payment due to Podmalls due from your use of Podmalls Services will be immediately due and payable in full; And your Podmalls store will be closed offline.
- After the termination of the service, you will need to deal with the domain name provider for all matters related to the domain name.
- If you have any outstanding charges on the date of termination, you will receive a final bill via email. You will not be charged until the bill is paid in full.
- We reserve the right to modify or terminate Podmalls Services, Terms of Service and/or your account at any time without notice (unless otherwise required by applicable law). Termination of the Terms of Service shall not affect any rights or obligations arising prior to the date of termination.
- Fraud: Podmalls may suspend or terminate your account if we suspect you of any fraud (by judgment, settlement, insurance, escrow investigation or otherwise) without affecting Podmalls’ access to any other remedy.
13、Third Party services
- Podmalls may from time to time recommend and provide you with access to or enable access to third-party software, applications (the “Applications”), interfaces to products, services or links to websites (collectively, “Third Party Services”) for your consideration or use (including services provided through the Podmalls App Store or expert Marketplace). Such Third Party Services are provided for convenience only, and your purchase, access to or use of any such Third Party Services will be your relationship with the corresponding Third Party Service Provider (the “Third Party Provider”). In addition to these Terms of Service, you agree to be bound by the specific additional terms of service that apply to services you purchase from or provided by a Third Party Provider.
- We do not make any warranties or representations regarding third party services. You acknowledge that Podmalls has no control over the Third Party Services and therefore assumes no liability to any person using such third party Services. The provision, integration or enablement of such third party services on the Podmalls Website (including the Podmalls App Store or Expert Marketplace) shall not constitute or imply an endorsement, authorization, recommendation or affiliation by Podmalls to such services. Podmalls does not guarantee the availability of third Party Services and you acknowledge that Podmalls may at any time, in its sole discretion, deny access to any third Party Services without notice to you. Podmalls shall not be liable to any person for suspending access to or disabling a third Party service. Podmalls strongly recommends that you seek expert advice before using third party services to ensure that they meet your needs. In particular, tax calculators should be used only as a guide and not as a substitute for independent tax advice when assessing the correct rate you should charge your clients.
- You acknowledge and agree that :(I) by submitting requests for assistance or other information through Podmalls Support, you agree that one or more third party providers may contact you through the registered email address of the store owner (or such other email address provided by you) and the applicable user email address; (ii) Podmalls will receive all e-mails exchanged between you and the Experts through the Expert Market or in any reply E-mail sent from the Expert Market (directly or indirectly) (each “reply”). In addition, you agree that Podmalls has the right to provide and share with third party service providers the contact information and background information that you submit through Podmalls Support. Third parties may need to access certain backend pages of your Podmalls store. You can select the pages that third parties are allowed to access.
- The relationship between you and any third Party service provider is strictly between you and the third party service provider and Podmalls is not obligated to intervene in any dispute between you and the third party service provider.
- In no event shall Podmalls be liable for any direct, indirect, incidental, special, punitive, or other damages arising out of any third Party Services or your partnership with third Party providers. These limits of liability apply even if Podmalls has been informed of the possibility of such damages. The above restrictions shall apply to the maximum extent permitted by applicable law.
- You indemnify Podmalls And its affiliates, Partners of Podmalls, officers, directors, agents, employees and suppliers of Podmalls against any prosecution and claim for damages brought by any third party in the event of any dispute of interest arising from your use of the Third Party Services with a third Party provider, And agree to reimburse us for any costs and damages we have paid, including reasonable attorney’s fees.