1 Introduction
1.1 Welcome to
the DropShip Sphere platform (hereinafter referred to as "this
platform"). Please read these Terms of Service carefully before using
the DropShip Sphere platform or opening a DropShip Sphere account
("Account") or opening a DropShip Sphere store
("Store") to understand your relationship to DropShip Sphere (individually
and collectively, "DropShip Sphere", "we" or "our")
legal rights and obligations. The services we provide (hereinafter referred to
as "the service") include
(1) the platform (including mobile applications),
(2) the services provided by the platform and the DropShip Sphere client
software,
(3) through the platform or its related All information, linked web pages,
functions, data, text, images, photos, graphics, music, sounds, videos,
information, labels, content, programming, software, application services
(including but not limited to any mobile Application Services) (hereinafter
referred to as "Content"). Any new or upgraded features of the
Service shall also be governed by these Terms of Service. These Terms of
Service govern your use of the services provided by DropShip Sphere.
1.2 DropShip Sphere
Export Policy: Various terms or conditions applicable to sellers published
on the DropShip Sphere platform and updated from time to time,
including but not limited to cross-border seller service terms, privacy policy,
prohibited and restricted goods policy, DropShip Sphere logistics
service terms, seller center The policies and terms stated above, as well as
new policies and terms that will be released in the future. Unless otherwise agreed
in these Terms of Service, the definitions and interpretations of terms in
the DropShip Sphere Policy shall apply to these Terms of Service.
1.3 DropShip Sphere
Export platform, refers to the website and mobile shopping application
provided and operated by DropShip Sphere, including but not limited to the
global DropShip Sphere shopping website and mobile shopping client;
1.4 If you use this
service or open an account and store on this platform, you irrevocably accept
and agree to these terms of service, including the additional terms and
policies mentioned in these terms of service and/or provided by links to these
terms of service. At the same time, you should still abide by the terms of
service of the site platform where the store you have opened in each
country/region is located, and accepting and agreeing to the terms of service
will not exempt you from the obligation to read and abide by the terms of
service of the site platform where the store is located. If there is a conflict
between these terms of service and the terms of service of the platform where
you open your store, the terms of service of the platform where you open your
store shall prevail.
If you have entered
into other written agreements with us for specific services, in the event of a
conflict between the terms of the other written agreement and these Terms of
Service, the terms of the other written agreement shall control.
1.5 This service
includes the provision of an online platform service that provides venues and
opportunities for sellers (hereinafter referred to as "you",
"users" and "sellers") to trade goods. The actual sales
contract exists between the buyer (hereinafter referred to as the
"buyer") and the seller, DropShip Sphere is not the subject
of this sales contract or other contracts between the buyer and the seller,
and DropShip Sphere is not responsible for such contracts. Buyers and
sellers will assume full responsibility for sales contracts, product listings,
purchase guarantees and similar matters during the use of DropShip Sphere services. DropShip Sphere
Export does not participate in transactions between users. DropShip Sphere reserves
the right to pre-screen users or user-provided content or information. DropShip Sphere
Export reserves the right to remove any content or information you provide
through the Platform in accordance with clause 6.5. DropShip Sphere does
not guarantee that the user will actually complete the transaction.
1.6 Before becoming a
user of this service, you must read and accept all terms contained in and
linked to these Terms of Service, and you must agree to the Privacy Policy
regarding the processing of sellers and buyers' personal data (such as have)
provisions.
1.7 Since you become
a user of the Service, if you violate these Terms of Service and any other
rules and policies that you should abide by (including but not limited to the
additional terms mentioned in these Terms of Service/or the additional terms
provided by links to these Terms of Service and DropShip Sphere Policy), DropShip Sphere
Export has the right to deal with you and the accounts and stores you open
on this platform in accordance with these terms of service and relevant rules
and policies (including but not limited to a series of sanctions described in
Article 7.1 of these terms of service). action), you undertake and agree to
accept DropShip Sphere's processing and assume corresponding
responsibilities.
2 Privacy
2.1 DropShip Sphere
Export attaches great importance to privacy protection, and we
specifically describe our privacy protection related operations in the privacy
policy. Please read this Privacy Policy carefully to understand how DropShip Sphere
Export collects and uses personal information about your account and/or
when you use the Services. If you use this service or provide information on
this platform, you agree to allow DropShip Sphere to collect, use,
disclose and/or process your content and personal information (if any) in the
use of this service in accordance with the methods described in the Privacy
Policy ).
2.2 Users who use
this service and hold third-party personal data (hereinafter referred to as
"recipients") agree to
(1) comply with all personal information-related laws and regulations on
personal information protection;
(2) allow the recipients to collect personal information ("Disclosing
Party") may remove his/her information from the Receiving Party's repository;
(3) allow the Disclosing Party to view what information its Receiving Party has
collected. In the cases of (2) and (3) above, comply with or act in accordance
with applicable laws and regulations.
3 Limited license
3.1 DropShip Sphere
Export grants you a limited and revocable right to log in and use the
Service in accordance with the terms and conditions of these Terms of Service.
All proprietary content, trademarks, service marks, brand names, logos and
other intellectual property rights ("Intellectual Property Rights")
displayed on the Platform are the property of DropShip Sphere and
third-party owners (if applicable) identified on the Platform . We have not
granted, directly or indirectly, any right or authorization to use or reset any
property to any party logged on to the Platform, and neither party logged on to
the Platform shall claim any right, title or interest in relation to it. By
using the Service, you agree to abide by the copyrights, trademarks, service
marks and all other applicable laws protecting the Service, the Platform and
its content. You agree not to copy, distribute, redistribute, transmit,
publicly display, publicly perform, modify, adapt, lease or sell, or create
derivative works from, the Service, the Platform, or any portion of its Content.
You also may not mirror or frame any part or the entire content of this
Platform on any other server or display it as part of any other
website/platform without our prior written consent. In addition, without our
prior written approval, you agree that you will not use any bots, spiders, or
any other automatic device or manual process to monitor or copy our content
(where search sites use standard search engine techniques to guide web users
except to this platform).
3.2 We welcome you to
link to the Platform from your website, provided that your website/platform
does not imply any endorsement by or any association with DropShip Sphere.
You understand that DropShip Sphere may suspend the provision of part
or all of this service at any time in accordance with the requirements of laws
and regulations or in accordance with the principle of good faith.
4 Software
Any software we
provide to you as part of the Services is governed by these Terms of
Service. DropShip Sphere reserves all rights not expressly granted
by DropShip Sphere herein. Any third-party script or program code
linked or referenced in the Service is licensed to you by the third party
(not DropShip Sphere) who owns the script or program code.
5 Accounts and
Security
5.1 Some functions of
this service can only be used by registering an account and store. When
registering an account and store, you need to select a set of unique user
identifiers (hereinafter referred to as "user IDs") and passwords,
and provide some personal information. If the user ID you choose is unilaterally
determined by DropShip Sphere to be illegal, non-compliant or
inappropriate, DropShip Sphere reserves the right to suspend or
terminate your account or freeze or close your store. You may use your user ID
and password to log in to other products, websites or services for which we
have enabled access or with which we have an affiliation or partnership. DropShip Sphere
Export has not reviewed any third-party content, features, security,
services, privacy policies or other specifications for these products, websites
or services. If you do so, the terms of service for those products, sites or
services, including their respective privacy policies (if different from our
terms of service and/or privacy policies), also apply to your use of those
products, sites or services or use of the Services.
5.2 You agree to
(1) keep your password confidential and use your user ID and password only when
logging in,
(2) ensure that you log out of your account at the end of each session of the
website,
(3) log in to your account, Immediately notify DropShip Sphere of
unauthorized use of user IDs and/or passwords, and
(4) ensure that your account information is correct and up-to-date. You are
obliged to properly keep the access rights of the account, and all operations
and business activities under the account (including but not limited to the
sub-accounts you open under the main account) are regarded as your actions. You
are solely responsible for all activities that occur under your user ID, store
and account, even if you may not be the executor of that activity or use. DropShip Sphere
Export is not responsible for any loss or damage arising from the
unauthorized use of your password or your failure to comply with this section.
5.3 Your registered
email address, contact information, etc. must belong to you and/or your
authorized representative. DropShip Sphere has the right to verify the
information you submit. You agree that DropShip Sphere may disclose,
transfer or give the above information to third-party service providers access
rights and verify the information, otherwise DropShip Sphere has the
right to refuse to provide this service.
5.4 The ownership of
your DropShip Sphere account belongs to DropShip Sphere, and DropShip Sphere
Export has the right to manage your account in accordance with the
requirements of laws and regulations or in accordance with the principle of
good faith. You agree that DropShip Sphere may immediately terminate
your account and your user ID, remove any content related to your account and
user ID from this platform, and withdraw from the platform by notifying you separately
in accordance with the requirements of laws and regulations or in compliance
with the principle of good faith. any allowances offered and cancel any
transactions associated with your account and user ID. DropShip Sphere will
also explain to you the reasons for such termination, including but not limited
to:
(1) not logging in and operating your account or not operating your store for a
long time (more than 30 days or more); and/or your presence on the platform
Suspension of business for more than one year, including unpaid bills for one
year (regardless of whether the account is used or not);
(2) Violation of the terms of this service;
(3) There is considerable evidence to confirm that the user has committed
fraud, harassment, defamation, threats, insults or other acts that are illegal
or violate the rules of each site;
(4) may have multiple user accounts and duplicate stores based on improper or
illegal intentions;
(5) payments are seized by judicial or administrative authorities;
(6) users submit false or forged identification information, which is verified
to be true;
(7) Acts that are harmful to other users, third parties or DropShip Sphere's
commercial interests (such as infringement of third-party intellectual property
rights, fictitious transactions, abuse of free shipping or discounts, etc.). If
you use your account for fraudulent, harassing, defamatory, threatening,
insulting or other unlawful purposes, we may report it to the competent law
enforcement authorities without notifying you.
5.5 If your account
in DropShip Sphere is closed due to serious violations, you are not
allowed to re-register the account; if it is found that the account has been
re-registered, DropShip Sphere has the right to immediately stop the
service and close the seller's account.
5.6 You have the
right to terminate these Terms of Service between DropShip Sphere and
you at any time in the manner agreed by both parties. If users want to
terminate their account and store, they can notify DropShip Sphere in
writing (email to: service@Asiashop.com or contact your account
manager). Even if the account and store are terminated, you are still
responsible for any outstanding transactions (whether initiated before or after
termination), product shipments, payment for products, etc. related to transactions,
and you must promptly and in accordance with these Terms of Service
Notify DropShip Sphere upon effective performance and completion of all
outstanding transactions. DropShip Sphere shall not be liable for any
damages arising from actions taken under these Terms.
5.7 You may only use
the Services and/or open an account/or open a store in permitted countries as
updated by us from time to time.
6 Your commitments
and guarantees
6.1 You warrant that
you have full rights and/or authority to sell its products published on the
Shopee DropShip Sphere platform, and that such products, whether
manufactured, assembled, produced or otherwise provided by you, are:
(1) The source is
legitimate and legal, and unless otherwise stated in the product details, they
are all brand new and authentic;
(2) Strictly comply
with all product guarantees you provide to the DropShip Sphere platform,
as well as specifications, drawings, samples, performance standards or other
descriptions of the goods provided by the seller to the DropShip Sphere platform;
(3) It has the usable
performance that the commodity should have, and has explained the defects in
the usable performance of the commodity;
(4) Comply with the
current laws and regulations, do not violate any existing laws and regulations
in China and the region where the store is located, meet the requirements of
protecting personal and property safety and environmental protection requirements,
meet the quality standards stipulated by relevant departments, and do not
infringe the rights of any third party (including intellectual property
rights);
(5) There are no
third-party claims of infringement of any goods, or any claims, demands or
legal actions concerning the manufacture, sale, distribution or use of the
goods. And DropShip Sphere will not receive any third-party allegation
of infringement because you sell products on the DropShip Sphere platform.
6.2 Commitment and
Warranty:
(1) You agree and warrant
that: DropShip Sphere will not advertise, market or promote your
products through any means (whether on the DropShip Sphere platform or
other media) or use the information you provide to advertise, market or promote
your products, and directly or indirectly infringe the rights (including
intellectual property rights) of any third party;
(2) You undertake and
warrant that the information you provide can be used by DropShip Sphere in
advertising, marketing or promoting your products (whether on the DropShip Sphere
Export platform or other media), and does not contain any defamation or
other content that violates the current laws and regulations in the region
where the store is located , and has completeness, accuracy and reliability.
You undertake to notify DropShip Sphere immediately and correct the
error or update if there is any error or update in the materials you provide.
You are solely responsible for any content you publish or provide in any other
way using the DropShip Sphere platform and services, including but not
limited to the correctness, reliability, authorized and non-infringing content
of any provided content, and legal and statutory limitations compliance;
(3) You undertake and
warrant that you own or are authorized to have all rights in relation to the
Selling Goods, have obtained any formal consents, exemptions, approvals,
authorizations, registrations, licenses or declarations necessary to ensure
that DropShip Sphere has the right to advertise, market or promote the
Seller’s Goods, And hereby authorizes DropShip Sphere to use the above
rights for the purpose of advertising, marketing or promoting the seller's
products (whether on the DropShip Sphere platform or other media)
within the scope of these Terms of Service. This license is irrevocable,
non-exclusive, royalty-free and sublicensable;
(4) You promise that
you will only collect, disclose, use and process buyer information within the
scope of the purpose agreed in these terms of service. You are not allowed to
transfer any buyer information without the prior written consent of DropShip Sphere
Export and the buyer; if you obtain the prior written consent of DropShip Sphere
Export, you should follow the currently valid laws and regulations,
relevant DropShip Sphere policies and DropShip Sphere's reasonable
instructions, and the seller should take measures at their own expense.
Appropriate safeguards for that buyer's information. You are responsible for
the collection, disclosure, use, processing or loss of buyer information by its
subcontractors or service providers. You undertake to indemnify DropShip Sphere
Export for any damages, including loss of goodwill, caused by your breach
of the obligations of this article or due to intentional or negligence in the
performance of your obligations. You shall be solely responsible for the costs
or expenses incurred by you or your subcontractors and service providers in
complying with the obligations of this clause;
(5) You promise that
you have the full rights and legal authority to sign this Terms of Service
Agreement and the actual sales contract with the buyer. The content of the
terms is binding and enforceable on you; you have completed the registration of
market entities and fulfilled tax obligations in accordance with the law. If
you need to obtain relevant administrative licenses and relevant qualifications
according to law, you have obtained administrative licenses and relevant
qualifications according to law;
(6) You promise that
the information you provide to DropShip Sphere or to buyers through
the DropShip Sphere platform is accurate, valid and up-to-date; you
promise that you will protect consumers' right to know and fulfill the
obligation of information disclosure. You should describe the products
truthfully, including but not limited to providing a true and complete
description of the products and services provided to buyers in all channels
provided by DropShip Sphere, including but not limited to product
description pages, store pages, and website messaging systems, including but
not limited to No false or misleading statement shall be made regarding the
methods and prices of logistics, after-sales, insurance and other services, as
well as the basic attributes, functions, packaging, fineness, defects, prices,
etc. of commodities.
(7) You promise that
the copies of qualifications and authorization documents you provide to DropShip Sphere
Export are true, legal, and valid, and that your contact information (such
as email and telephone) provided to DropShip Sphere is valid and
unobstructed. DropShip Sphere can use the above contact information.
Connect with you. And if the relevant qualification information and information
are changed, you should provide the latest information to DropShip Sphere in
a timely manner; if you provide false or invalid documents or do not provide
documents in a timely manner, resulting in disputes or penalties by the
relevant national competent authorities, you shall be responsible for the
resulting disputes. Legal liability, if losses are caused to DropShip Sphere (including
its partners, agents, employees, etc.), you agree to compensate for all losses,
and DropShip Sphere has the right to stop paying your payment until the
terms of service are lifted;
(8) You undertake to
sign and perform these terms of service and all relevant acts of the actual
sales contract with the buyer without violating the current applicable laws,
regulations, rules, orders, judgments, and injunctions in the location of any
account and the location where the store is opened. or other court or
administrative agency request.
(9) You promise to
use this platform and sellers to consciously abide by the laws, administrative
regulations and relevant national regulations on the import and export and
foreign exchange supervision and management of each site involved in
cross-border e-commerce business activities; .
(10)You agree and
promise: your Store's orders are processed within 48 hours. Orders from
your store that are not processed within 48 hours will be subject to
disciplinary action by AsiaShop as detailed in TOS 7.1.
(11)You agree and
promise: to actively cooperate with AsiaShop in dealing with buyers' complaints
about your store. We will value every suggestion from our buyers and constantly
optimize our service. Once your store has received a complaint from a buyer,
AsiaShop will penalize your store as appropriate, please refer to TOS 7.1 for
penalty details .
6.3 User licenses for
this service are valid until the termination of these terms of service. Such
licenses will terminate upon termination as set forth in these TOS or if you
fail to comply with any term or condition of these TOS. In these cases, DropShip Sphere
Export may unilaterally terminate the authorization, and you shall be
responsible for the actual loss caused to DropShip Sphere.
6.4 You agree not to:
(1) Upload, post,
transmit or make available in any other form any unlawful, harmful,
threatening, abusive, harassing, alarmist, distressing, distorting, defamatory,
vulgar, obscene, defamatory, invasive, hateful, racial, ethnic discriminatory
or otherwise objectionable content;
(2) Violation of any
laws and regulations, including but not limited to regulations related to
import and export restrictions or violation of our "Prohibited and
Restricted Commodities" policy and other related policies;
(3) Upload, post,
transmit or provide any content about minors in any other way without the
written consent of the minors' parents or guardians, or use this service to
harm minors in any way;
(4) Use this service
to impersonate any third party, or misrepresent your relationship with any third
party;
(5) forge headers or
otherwise manipulate identifiers to obscure the origin of any content
transmitted through the Services;
(6) Delete any
proprietary rights statement from this platform;
(7) cause, permit or
authorize modification, creation of derivative works or translation of the
Service without the express permission of DropShip Sphere;
(8) Use the Service
for the benefit of any third party or in any manner not permitted by these
Terms, including but not limited to, without the written consent of DropShip Sphere
Export, without the prior written consent of DropShip Sphere, the account of
this Service is sold, or transferred, in part or in whole. , or authorize a
third party to use it;
(9) Use the service
or publish product information or sell products in a fraudulent, unreasonable,
false, misleading or deceptive manner (including but not limited to false
shipments, serious misconduct, unsold transactions, and malicious mass
cancellation of orders) Wait);
(10) Register or
operate multiple user accounts at the same time in any violation of the Terms
of Service;
(11) Use emulators,
simulators, robots or other similar hardware or software to access the DropShip Sphere
Export platform, open accounts or access user accounts.
(12) Manipulate the
price of any commodity or interfere with the publication of other users;
(13) Carry out any
conduct that would undermine the feedback or ranking system;
(14) Attempt to
decompile, reverse engineer, disassemble or hack the Service (or any part
thereof), or attempt to decipher any encryption that DropShip Sphere employs
for the Service and/or information transmitted, processed or stored by DropShip Sphere
Export technical or security measures;
(15) Collect or
collect and/or use any information about all persons obtained through the use
of the Service, including but not limited to any personal data or information;
(16) Upload, email,
post, transmit or otherwise make available any inside information and
proprietary and confidential information that you learn or disclose under any
law or contract or fiduciary relationship (such as as a result of an employment
relationship and pursuant to a nondisclosure agreement) ) is not authorized to
provide content;
(17) Upload, email,
post, transmit or make available in any other form any content that infringes
any patent, trademark, trade secret, copyright or other proprietary right of
either party;
(18) Upload, email,
post, transmit or otherwise provide any advertisement, promotional material,
spam, advertising letter, pyramid scheme or any other unauthorized form of
marketing content that is not requested or permitted by the recipient;
(19) Upload, email,
post, transmit or otherwise provide any computer virus that is intended to
directly or indirectly interfere with, manipulate, interrupt, destroy or limit
the functionality or integrity of any computer software, hardware, data or
communication equipment , worms, Trojan horses or any other computer code,
routines, files or programs;
(20) Disrupting the
normal dialogue flow, causing the screen to scroll faster than the typing speed
of other service users, or otherwise affecting other users' real-time
communication;
(21) Interfere with,
manipulate or destroy the service or the server or network connected to the
service or any other user's use of the service, or fail to comply with any
regulations, procedures, policies or regulations where the platform is
connected to the network;
(22) Take or participate
in any action or behavior that may directly or indirectly cause the service or
the server or network connected to the service to damage, paralyze, overload or
reduce performance;
(23) Use the Service
to knowingly or unintentionally violate any applicable local, state,
provincial, national or international law, rule, code, directive, guideline,
policy or regulation, including but not limited to anything related to
anti-money laundering or anti-terrorism relevant laws and regulations (whether
or not legally binding);
(24) Use the Service
to violate the privacy of others, "stalk" or otherwise harass others;
(25) Infringement
of DropShip Sphere's rights, including infringement of any intellectual
property rights and related counterfeiting;
(26) Use the Service
to collect or store any third party's personal data through the aforementioned
prohibited acts and activities;
(27) Publish/sell
content that infringes the copyrights, trademarks or other intellectual
property rights of third parties, or use the service in a way that infringes
the intellectual property rights of others.
6.5 You understand
that all content, whether publicly posted or privately distributed, is the
responsibility of the content publisher. This means that you (and not DropShip Sphere
Export) are solely responsible for all content (including, without limitation,
any errors or omissions in any content) that you upload, post, email, transmit
or otherwise make available through the Platform. You understand that while
using this platform, you may be exposed to offensive, indecent or objectionable
content. To the fullest extent permitted by applicable law, DropShip Sphere shall
in no event be liable for any content, including, without limitation, any
errors or omissions in any content, or , transmission or otherwise making
available any content for any loss or damage.
6.6 You understand
that DropShip Sphere and its trustees have the right (but not the
obligation) to pre-screen, reject, delete, remove or move any content provided
through this platform (including but not limited to your content or information
provided by the platform), such as DropShip Sphere and its trustees
have the right to remove any (1) content that violates these Terms of Service;
(2) content that has been complained about by other users; (3) we receive
information from you for infringement of intellectual property rights notices
or other legal instructions for removal; or (4) that would be objectionable to
others. In addition, we may prevent your use of communications from the Service
(including but not limited to status updates, posts, messages and/or chat
rooms) in order to protect the Service or other users, or to enforce the
provisions of these Terms and Conditions. . You agree, understand and have
assessed all risks associated with using any Content, including but not limited
to reliance on the accuracy, completeness or usefulness of such Content.
Likewise, you acknowledge that you have not and will not rely on DropShip Sphere
Export to create or submit any content to DropShip Sphere, including
but not limited to information on the DropShip Sphere Forum and all
other parts of this website.
6.7 You acknowledge,
permit and agree that if required by law, or pursuant to a court order or order
of any governmental or supervisory authority having jurisdiction over DropShip Sphere
Export, or when reasonably necessary in good faith and good faith, DropShip Sphere
Export may access , save and disclose your account information and
content, and comply with the following requirements: (1) to comply with legal
process; (2) to enforce these Terms of Service; (3) to respond to any claims of
content that violates the rights of third parties; (4) to respond to your or
(5) protect the rights, property or personal safety of DropShip Sphere, its
users and the public.
6.8 If you do not
abide by the provisions of this chapter and seriously violate the seller's
commitment and guarantee obligations, DropShip Sphere reserves the
right to conduct market management in accordance with these rules. For the
purpose of maintaining the good continuity of the market and protecting the
rights and interests of buyers, DropShip Sphere has the right to
conduct random inspections of product quality and authenticity identification
(including but not limited to purchases from consumers or from consumers,
through independent third-party quality inspection agencies or brand rights
holders). When DropShip Sphere checks from time to time whether the
goods sold by the seller have legal origin and are genuine, you are obliged to
keep and present the certificate of the legal source of the relevant
goods. DropShip Sphere has the right to take restrictive measures
against the seller or the store if DropShip Sphere has reason to
believe that the inspection result is poor, or the seller cannot provide
relevant certificates.
6.9 DropShip Sphere
Export will have the right to remove the brand’s products in accordance
with the terms of service in the following situations when the brand you
operate is operating on the platform, and you may not continue to operate:
(1) Brand products
are certified by DropShip Sphere or a third-party professional
organization to be produced by manufacturers without production qualifications,
and do not meet national, local, industry, and enterprise mandatory standards;
(2) The brand has
been judged by DropShip Sphere or a third-party professional
organization to constitute counterfeiting of others’ trademarks, commodity
names, packaging and decoration, company names, product quality marks, etc. or
easily cause consumer confusion and misunderstanding;
(3) During the
operation of DropShip Sphere, the brand was proved to have high dispute
rate, high complaint rate and low market recognition. The average score of
brand product description was seriously lower than the industry average, which
seriously affected the consumer experience. After being informed by DropShip Sphere
Export, one (1) ) did not improve significantly within a month. .
7 Violation of our
Terms of Service
7.1 Violation of
these Terms of Service may result in a series of disciplinary actions,
including but not limited to some or all of the following items:
-Warning, which means
that DropShip Sphere reminds and warns the seller of misconduct
verbally or in writing;
-Delete/remove listed
products and/or restrict store listings;
- Withholding of
prohibited items included in the order or items that are not allowed to be sold
on the platform;
- Cancel various
subsidies that have been enjoyed, such as freight subsidies, etc.;
- Restrict account
permissions;
- Freeze account
funds;
- criminal
proceedings;
-Civil claims,
including but not limited to claims for damages and/or applications for
preservation measures.
7.2 If you find any
violation of these Terms of Service by any user of this platform, please
contact service@asiashop.com.
8 Report of
intellectual property infringement
8.1 Users, as
independent individuals or enterprises, have no connection with DropShip Sphere
Export. DropShip Sphere is not an agent or authorized representative of
the user, nor does it hold or own any title to any merchandise posted on this
platform.
8.2 You agree to take
full responsibility for the failure to notify or update its intellectual
property certification documents in a timely manner, and you guarantee that all
the certification documents you provide to DropShip Sphere are true,
accurate and have no problems beyond the time limit (that is, ensure that all
intellectual property certification documents are included in the entire terms
of service). The performance period is within the validity period). If a
dispute arises due to the above reasons or is punished by the relevant national
competent authority, you shall bear all the responsibilities independently. If
you cause losses to DropShip Sphere (including its partners, agents,
staff, etc.), you agree to compensate for all losses.
8.3 If you are the
owner of intellectual property rights (hereinafter referred to as "IP
owner") or an agent legally authorized by the owner of intellectual
property rights ("IP agent"), when you believe that your or your
client's intellectual property rights are subject to In case of infringement,
you have the right to send the relevant infringement facts and preliminary
evidence of infringement in the form of a written notice
to: service@asiashop.com, and have the right to require DropShip Sphere to
take necessary measures in accordance with the law. The written notification
requirements are detailed in Section 8.7 below. Please allow time for DropShip Sphere
Export to process the information you provide. DropShip Sphere will
respond to your request as soon as practicable.
You know that if the
infringement notice you send is inconsistent with qualifications, incomplete
materials, or otherwise does not meet the provisions of Article 8.7
below, DropShip Sphere will notify you to supplement it within a
reasonable period of time.
8.4 After receiving
the infringement notice, DropShip Sphere will take necessary measures
in a timely manner, and forward the notice from the IP owner or IP agent
(hereinafter collectively referred to as the "notifier") to the DropShip Sphere
Export platform that the notifier believes/designates infringing intellectual
property rights. (hereinafter referred to as the "Notified Person").
As the notifier, you understand that if your notification error causes damage
to the notified person, you shall bear civil liability according to law and any
claims that DropShip Sphere may face due to your false notification;
maliciously send the false notification and cause losses to the notified person
and DropShip Sphere suffers a claim, it will double its liability for
compensation.
8.5 If you are the
notified person, DropShip Sphere has the right to take necessary
measures against you, such as deleting goods, blocking, removing goods,
terminating transactions and services, freezing accounts and funds, and
deducting funds; After the notification of intellectual property rights, you
can submit a statement of non-infringement (hereinafter referred to as
"statement") to the DropShip Sphere platform, which shall
include prima facie evidence of non-infringement.
8.6 If you are the
notifier, after DropShip Sphere receives the statement of the notified person
in accordance with Article 8.5, it will promptly forward the statement to you,
and will inform you that you can file a complaint with the relevant competent
authority or file a lawsuit with the people's court. If DropShip Sphere does
not receive the notice of your complaint or lawsuit within the time limit
prescribed by law, DropShip Sphere has the right to terminate the
measures taken in accordance with the foregoing clauses in a timely manner.
8.7 Please provide
notice of infringement pursuant to 8.3 in the format specified by DropShip Sphere
Export (DropShip Sphere reserves the right to update it at any time),
and attach all the following information: (1) the physical or electronic
signature of the notifier; (2) prima facie evidence of infringement: assertion
A description of the type and nature of the infringed intellectual property
rights, as well as the proof of the ownership of the right (including but not
limited to the proof of local intellectual property ownership in the sales
market); (3) Detailed information on the specific published products of the
reported infringing content ; (4) information sufficient to allow DropShip Sphere
Export to contact the notifier, such as the notifier’s address, telephone
number, and email address; (5) a written statement from the notifier that the
report was made in good faith and that the infringer The use behavior is not
authorized by the intellectual property owner or the law; it indicates that the
information contained in the report is true and correct. If there is any error,
the informant is willing to bear the civil liability caused by the erroneous
notification. In case of damages, the notifier shall bear double the liability
for compensation in accordance with the law. If DropShip Sphere is
damaged, the notifier is willing to bear all the liability for damages caused
by the wrong notification; (7) The other notifiers deem it necessary to provide
the claim materials, etc.
8.8 DropShip Sphere
Export will promptly publicize the relevant notices, statements and
processing results of intellectual property infringement reports.
9 DropShip Sphere Performance
Guarantee
9.1 DropShip Sphere
Export performance guarantee is a shopping guarantee service provided
by DropShip Sphere or its authorized agents to buyers (applicable to
some DropShip Sphere platforms, please refer to the platform
announcement of each site for applicable regions and rules). In order to
provide protection against liability risks, the purchase money paid to you
through the use of this service will be kept by DropShip Sphere or its
authorized agents (hereinafter referred to as "DropShip Sphere Performance
Guarantee Account"), and DropShip Sphere will not use these funds
for the company's operations. expenses or any other corporate purpose. DropShip Sphere
Export will not pay sellers interest or other benefits on payments made by
buyers into the DropShip Sphere Performance Guarantee Account.
9.2 If the site where
your store is located is applicable to the DropShip Sphere Performance
Guarantee, after the buyer pays the order amount (hereinafter referred to as
the "Order Amount"), the order amount will remain in the DropShip Sphere
Export Performance Guarantee account until the buyer makes the appropriate
payment to DropShip Sphere DropShip Sphere will pay you the order
amount held in the DropShip Sphere Performance Guarantee Account upon
instruction or in other circumstances that DropShip Sphere reasonably
deems appropriate to dispose of the order amount.
(1) If the buyer
sends DropShip Sphere a confirmation that it has received the
goods, DropShip Sphere will credit the order amount in the DropShip Sphere
Export Performance Guarantee account (minus the seller's portion of
shipping (if applicable), transaction fees and taxes (if applicable)) and
cross-border fees (as applicable, as defined below)) paid to you;
(2) If the DropShip Sphere
Export Performance Guarantee period expires, DropShip Sphere will
credit the order amount in the DropShip Sphere Performance Guarantee
account (minus the seller's portion of shipping (if applicable), transaction
fees and taxes (defined below), and cross-border fees ( as applicable, as
defined below)) to you;
(3) If DropShip Sphere
Export confirms that the buyer's return and/or refund application is
successful, DropShip Sphere will refund the buyer according to the
refund and return policy applicable to the site where the store is opened; in
other cases, if DropShip Sphere reasonably determines that the buyer's
order amount (minus Shipping (as applicable), transaction fees and taxes (as
defined below) and cross-border charges (as defined below, as applicable) to
the seller's portion of the transaction are disposed of as appropriate,
including but not limited to its reasonable belief that it should comply with
applicable law or court order or the enforcement of these Terms of Service.
9.3 The DropShip Sphere
Export Performance Guarantee is only applicable to buyers who make payment
to the DropShip Sphere Performance Guarantee account through the
methods provided by DropShip Sphere. Offline or offline transactions between
buyers and sellers are not covered by the DropShip Sphere Performance
Guarantee.
9.4 Currently, DropShip Sphere
Export can only pay you through third-party payment channels. Therefore,
you are required to provide DropShip Sphere with your detailed payment
information for collection purposes (eg, payments due to merchandise sales
or DropShip Sphere refunds).
9.5 If for any reason
funds cannot be deposited into your designated receiving account and/or you
cannot be contacted, DropShip Sphere will use reasonable endeavours to
contact you using the contact details you have provided. If you cannot be
reached and the buyer's purchase monies remain unclaimed for more than twelve
(12) months after being payable to the seller, DropShip Sphere will
process such unclaimed buyer's purchase monies in accordance with any
applicable law . The seller must be the equity owner of the account, and can
only trade on this platform on his or her own behalf. DropShip Sphere reserves
the right to ask you to provide personal information of relevant companies and
responsible persons, such as recent ID photos, bank account details and/or any
other such necessary documents (including but not limited to those required for
third-party payment verification processes or logistics and delivery services)
request) for inspection purposes. You hereby agree that DropShip Sphere process
or provide your data to third parties within the scope of facilitating the
seller's use of this platform and authorize DropShip Sphere to use your
data to conduct user authentication to the appropriate subject (such as the
seller/buyer's bank) as DropShip Sphere deems necessary program. For
more information on how DropShip Sphere handles your personal data in
relation to your data, please visit our Privacy Policy page.
9.6 The DropShip Sphere
Export Performance Warranty is additional and does not limit your
performance of legal obligations under applicable law that may exceed the DropShip Sphere
Export Performance Warranty. The DropShip Sphere Performance
Guarantee is neither intended nor designed to assist users in complying with
their legal obligations, users remain solely responsible for their legal
obligations under applicable law, and DropShip Sphere assumes no
responsibility in relation to such legal obligations. Other than that,
the DropShip Sphere Performance Guarantee does not constitute a
guarantee/guarantee of DropShip Sphere for any product on the DropShip Sphere
Export platform.
9.7 For the avoidance
of doubt, any transactions not conducted on this platform are not covered by
the DropShip Sphere performance guarantee.
10 Shipping
10.1 DropShip Sphere
Export will notify you to arrange delivery when the order is received on
the DropShip Sphere platform. Unless otherwise agreed by DropShip Sphere
Export, you should make necessary arrangements after receiving this notice to
ship the purchased goods to the buyer and provide the buyer with details such
as the name of the shipping company and the waybill number through this
platform.
10.2 If the site
where your store is located is applicable to the DropShip Sphere Performance
Guarantee, the period from the date when the buyer delivers the payment to
the DropShip Sphere Performance Guarantee account until the period
when DropShip Sphere keeps the payment in the DropShip Sphere Performance
Guarantee account to you (hereinafter referred to as "DropShip Sphere Performance
Guarantee") Guarantee Period"), you must do your best to ensure that
buyers receive the purchased items within the DropShip Sphere Performance
Guarantee Period.
10.3 You understand
that you will be responsible for the risks related to the delivery of the sold
goods, and you can take out full insurance for the delivery of the sold goods
according to DropShip Sphere's advice (if any). If you arrange the delivery
of goods by yourself, and the goods are damaged, lost or undeliverable during
the delivery, you acknowledge and agree that DropShip Sphere will not
be responsible for any losses, expenses or expenses arising therefrom, and you
should contact the logistics service provider yourself to resolve related
disputes.
10.4 You should
understand that all cross-border transactions should be regulated by the import
and export laws and regulations of the place of origin. You should familiarize
yourself with the relevant import and export restrictions in the country into which
you sell the goods. You understand that DropShip Sphere does not
provide legal advice on import and export and agree that you will undertake all
risks and responsibilities related to the import and export of cross-border
transactions.
10.5 If you arrange
the delivery of goods by yourself, you can choose the paid overseas warehousing
and logistics service provided by DropShip Sphere (hereinafter referred
to as "overseas warehouse service"). If you use the overseas
warehouse service, DropShip Sphere will follow (1) your written
authorization (if applicable) (2) the overseas warehouse agreement signed
by DropShip Sphere and you (3) the overseas warehouse service terms,
operating procedures and instructions published on the DropShip Sphere platform
( If applicable), etc. (hereinafter collectively referred to as "Overseas
Warehouse Service Rules"), to provide you with warehouse operation
services in the region/country where the buyer is located. If you apply to use
the overseas warehouse service, it means that you have fully read, understood
and agreed to all the rules of the overseas warehouse service. If you do not
agree with all or part of the overseas warehouse service rules, please do not
use the paid overseas warehouse logistics service.
11 Seller
Responsibilities
11.1 You shall
properly manage and ensure that the information of the products you post is
updated, such as product prices and details, stock quantities, terms and
conditions of sale, etc., and shall not post inaccurate or misleading
information.
11.2 The price of the
sale item is at your own discretion. Unless otherwise agreed with the buyer,
the total amount charged to the buyer shall include the product price and
shipping and all other charges, including VAT, customs duties (if applicable),
etc., and you shall not additionally and additionally charge the buyer for such
cost.
11.3 You agree
that DropShip Sphere may, at its own discretion, conduct promotional
activities for you or on your behalf through some marketing methods in
accordance with the principle of good faith to facilitate transactions between
buyers and sellers. The final price actually paid by the buyer will be the
price after such adjustments have been applied.
11.4 In order to
promote the products you post, DropShip Sphere may advertise these
products (at adjusted prices) on third party websites (such as portals and
price comparison sites) and other (domestic or foreign) websites operated
by DropShip Sphere.
11.5 At the buyer's
request, you must provide the buyer with a receipt, credit card slip or tax
invoice.
11.6 You acknowledge
and agree to assume all tax liabilities/duties, etc. related to the sale of
goods. DropShip Sphere does not provide legal or tax advice. And
because tax-related laws and regulations may be updated at any time, if you
have any questions, you should seek professional advice in real time.
11.7 You acknowledge
and agree that if you violate any DropShip Sphere policy, you are
willing to accept a series of disciplinary actions as described in Section 7.1
of these Terms.
12 Fees
12.1 You should
pay DropShip Sphere the transaction fee for each order in accordance
with the transaction rules of each DropShip Sphere site platform. The
transaction fee is the fee paid to the third-party transaction clearing service
provider/bank. The charging standard is updated from time to time due to the
adjustment of the financial policy of each region or the cross-border
transaction fee of the third-party transaction clearing service provider/bank.
You need to pay special attention And keep an eye out to receive update
notifications from DropShip Sphere.
12.2 For orders
placed on the DropShip Sphere platform, the seller shall pay the
corresponding commission on DropShip Sphere. Relevant information such as
commission collection and calculation methods are published on the bulletin
board designated by DropShip Sphere or in the seller center. DropShip Sphere
Export will update it from time to time. You need to pay special attention
and pay attention to receiving update notices from DropShip Sphere.
12.3 Service Tax/VAT
and other applicable taxes will be included in the fees payable if applicable.
Unless otherwise agreed by both parties, you shall be responsible for the
aforementioned taxes. You acknowledge and agree that DropShip Sphere may
deduct its fees and any applicable taxes from the order amount paid by the
buyer. Upon Seller's request, DropShip Sphere shall provide receipts or
tax invoices (if applicable) for fees and taxes paid by Seller. If your store
at the applicable site does not have sufficient balance to deduct its fees and
any applicable taxes, you hereby agree that DropShip Sphere may deduct
its fees and any applicable taxes from the balance of your stores at other
sites.
12.4 You understand
and agree that the payment method, currency and exchange rate standards
applicable to the fee settlement between you and DropShip Sphere shall
be determined and adjusted in accordance with the policies or rules announced
by DropShip Sphere at that time; if you do not agree with these terms,
you should promptly contact your account manager Communication, the seller can
choose to suspend, suspend or terminate the service, or reach a mutually agreed
fee settlement agreement with DropShip Sphere in writing. You guarantee
that you will pay DropShip Sphere in accordance with DropShip Sphere's
policies, rules and requirements (including but not limited to advertising
fees, storage fees, shipping fees, transaction fees, return refunds, etc.
arising from your use/purchase of DropShip Sphere services). You
acknowledge that DropShip Sphere will have the right to send you a
letter (including but not limited to a written official letter or email) to
require you to pay/make up any fees you owe within a time limit. You know that
if you fail to pay within the time limit required by relevant policies and
rules and within the time limit required by DropShip Sphere's letter (if any), DropShip Sphere
Export has the right to deal with you accordingly in accordance with
relevant policies and rules and these Terms of Service.
13 Marketing Services
13.1 DropShip Sphere
Export will successively launch keyword advertisements and/or other
marketing services (hereinafter referred to as "marketing services")
on the DropShip Sphere platform, including but not limited to traffic
packages, JBP for each site, influencer marketing, coins back, and off-site
traffic (such as Facebook advertisements, etc.) and any marketing plans
launched later by DropShip Sphere, etc.). Sellers are welcome to purchase
marketing services as part of their merchandise marketing strategy. DropShip Sphere
Export provides paid marketing services in accordance with this
specification and the service content, purchase process and instructions for
use published on the DropShip Sphere platform at that time (hereinafter
referred to as "marketing service rules"). If you apply for the
purchase of marketing services, it means that you have fully read, understood
and agreed to all marketing service rules. If you do not agree with the content
of any marketing service rules, please do not buy.
13.2 You must be a
seller who complies with the rules for using marketing services and a product
advertiser in order to purchase marketing services. Your account and store must
be non-deactivated when you purchase and pay for marketing services.
13.3 After you
purchase marketing services, you should pay marketing fees in accordance with
the methods and standards specified by DropShip Sphere. Except as otherwise
provided by applicable laws or marketing service rules and other marketing
service rules, once you apply for the purchase of marketing services and
complete payment, you may not cancel the order and/or request a refund.
For advertising services:
(1) You can check the income and expenditure of advertising fees in your
advertising account; (2) DropShip Sphere accepts recharge methods from
various channels, subject to the account recharge method that can be selected
at that time; (3) If When you activate the automatic recharge function of your
account, you can choose the minimum account amount and the automatic recharge
amount, and agree to deduct money from the order amount (if any) that should be
settled by DropShip Sphere in accordance with the DropShip Sphere policy;
and (4) other DropShip Sphere related to advertising services Relevant
marketing service rules, policies and requirements.
13.4 You can choose
to purchase advertising and marketing services at the same time when you start
to publish products, or choose to purchase advertising and marketing services
during the period in which the products are published. You can set different
budgets, keywords, marketing periods, etc. for different products according to
the marketing service rules. The marketing service for this product will be
activated according to your settings until it expires or the advertising fee
balance in the advertising account is cleared. until. If the product is sold or
taken off the shelf during the marketing period you set, the marketing expenses
incurred will not be refunded, and you may not request to transfer the
remaining marketing period to other products.
13.5 The products you
publish should abide by relevant laws, marketing service rules, DropShip Sphere
Export terms of service and prohibited and restricted product policies.
You understand and agree that if DropShip Sphere discovers or receives
reports that your products violate or may violate the above provisions. In this
case, DropShip Sphere reserves the right to immediately remove your
violating products and advertisements, and will not refund the marketing fees
you have paid. In addition, DropShip Sphere will directly remove the
goods or advertisements from DropShip Sphere through legal and formal
procedures by competent authorities or judicial units without refunding any
fees. DropShip Sphere shall not be liable for any compensation or
indemnity based on the products or advertisements removed on the grounds of
this article.
13.6 You understand
and agree that DropShip Sphere does not warrant or guarantee that your
merchandise will increase in views or sales as a result of the purchase of
marketing services.
13.7 It is
recommended that you purchase and use marketing services on the basis of fully
considering the current budget and the marketing effect to be achieved by
individual products. Except as otherwise provided in these Terms of Service or
the Marketing Services Rules, DropShip Sphere assumes no compensation,
indemnity or other liability for the intended objectives or actual results of
marketing activities.
13.8 If DropShip Sphere
Export shall be liable for any damages due to the marketing services you
have purchased according to applicable laws and regulations, you understand and
agree that the total liability of DropShip Sphere shall be limited to
the fees you paid for the purchase of marketing services.
14 Controversy
14.1 DropShip Sphere
Export encourages friendly negotiation between users when there is a
problem with the transaction. Since DropShip Sphere is only a platform
for users to conduct transactions, sellers should contact the sellers directly
if they have any questions related to the purchase of goods by buyers.
Alternatively, you may seek the assistance of its local dispute resolution
authority with jurisdiction to resolve any disputes arising from the
transaction.
14.2 You agree not to
sue or otherwise assert any claim against DropShip Sphere or DropShip Sphere
Export's affiliates in relation to disputes arising out of any transactions
with buyers on the Site.
15 Feedback
DropShip Sphere welcomes
any suggestions and comments to assist DropShip Sphere to improve the
service quality. Please refer to the feedback procedure below for details:
(1) For feedback,
please email it in writing or send it to us using the comment form in the app.
(2) Anonymous
feedback will not be accepted.
(3) Users who have
been given feedback should be fully informed of all facts and given
opportunities to express their opinions.
(4) Ambiguous and
disparaging feedback will not be accepted.
16 Service Statement
16.1 This service is
provided on an as-is basis, and DropShip Sphere makes no express,
implied or statutory guarantee, claim or statement for this service, including
but not limited to guarantees of quality, efficacy, non-infringement,
merchantability or fitness for a particular purpose , or warranties derived
from the course of dealing, custom or industry practice. Without limiting the
foregoing, and to the fullest extent permitted by law, DropShip Sphere does
not warrant that the Service, the Platform, or the functionality contained
therein, or that the Service, website, or functionality will be accessible,
uninterrupted, or timely. Provided, safe, reliable, correct, complete or
error-free; and defects (if any) will be corrected; do not warrant that the
Platform and/or the Platform's servers are completely free of viruses, clocks,
timers, counters, worms, software locks , lethal devices, Trojan horses,
routers, trapdoors, time bomb viruses or any other harmful program code,
instructions, programs or components.
16.2 You acknowledge
that to the fullest extent permitted by law, you shall bear all risks
associated with the use of the Platform and/or the Services.
16.3 DropShip Sphere
Export has no control over the following matters, and does not guarantee
or assume any responsibility for the following matters to the maximum extent
permitted by law: (1) The fitness for a particular purpose, authenticity,
quality, safety or legality; or (2) the ability of the seller to offer the
goods or the ability of the buyer to pay. In the event of a dispute involving
one or more users, you agree to resolve the dispute directly between you and,
to the fullest extent permitted by law, release DropShip Sphere and its
affiliates from any and all claims arising out of or in connection with the
dispute , claims and damages.
17 Disclaimer and
Limitation of Liability
17.1 To the fullest
extent permitted by applicable law, in any event, whether in contract, warranty,
tort (including, without limitation, negligence (whether active, passive or in
tort), product liability, strict liability or other theories) or otherwise
acted by law, regulation, decree or otherwise, DropShip Sphere shall
not be liable for:
17.1.1 (1) loss of
use; (2) loss of profits; (3) loss of revenue; (4) loss of data; (5) loss of
goodwill; or (6) inability to realize expected benefits under any
circumstances, whether direct or indirectly; or
17.1.2 Any indirect,
incidental, special or consequential damages, including but not limited to any
damages arising therefrom, arising out of or in connection with the use or
inability to use the Platform or Services, even if DropShip Sphere has
been advised the possibility of such damage.
17.2 You acknowledge
and agree that you have and only have the right to request termination of your
account and/or stop using the service for any question or dissatisfaction with
the service.
17.3 Nothing in these
Terms of Service shall limit or exclude any liability for death or personal
injury caused by DropShip Sphere's negligence, or any other liability which
cannot be limited or excluded by law.
18 Content you post
and submit on the Service
18.1 By posting and
submitting any content on the Service, you represent and warrant that you have
all necessary rights and/or licenses and grant DropShip Sphere the
following authorization. You also acknowledge and agree that you are solely
responsible for any content you post or otherwise provide through the Service,
including but not limited to the correctness, reliability, nature, freedom of
encumbrance, and legal compliance of any provided content and compliance with
regulatory requirements. You hereby grant DropShip Sphere and its
successors a perpetual, revocable, worldwide, non-exclusive, royalty/royalty/licensing
fee-free, sublicensable and transferable license for use by DropShip Sphere in,
through the Service or in connection with the Service. Use, reproduce,
distribute, redistribute, transmit, modify, adapt, create derivative works
from, publicly display and publicly perform the Content in any media format
related to the Service and through any media means, including but not limited
to promoting and redistributing the Service part of (and its derivative works).
You understand that the content you submit may be transmitted over various
networks and may be changed to comply with and cooperate with technical
requirements.
18.2 DropShip Sphere
Export will not treat any material, information or ideas you post or
otherwise transmit to DropShip Sphere on or through the Service (each a
"Submission") as confidential and may be made available by DropShip Sphere
Export Disseminate or use for any purpose, including but not limited to
developing, manufacturing and marketing products, without payment. . When you
submit to DropShip Sphere, you acknowledge and agree that DropShip Sphere and/or
other third parties may independently develop software, applications,
interfaces, products and other features that have the same or similar
functions, program codes or other characteristics as those you submit. Revised
and enhanced version. Accordingly, you hereby grant DropShip Sphere and
its successors a perpetual, revocable, worldwide, non-exclusive,
royalty/royalty/licensing fee-free, sublicensable and transferable license for
use in their Any media format related to the Service, and the development of
the above through any media channel, and the use, reproduction, distribution,
redistribution, transmission, modification, adaptation, creation of derivative
works, public display and public performance of any Submission, including but
not limited to To promote and redistribute portions of the Service (and its
derivative works). These Terms do not apply to personal information protected
by privacy laws, unless you publicly provide such personal information on or
through the Service.
19 Content and
external links submitted to the Service by third parties
19.1 Submission of
data, text, images, sounds, videos, software and other content to each provider
of this service shall be responsible for the correctness, reliability, nature,
freedom of encumbrance and compliance with legal and statutory restrictions of
the submitted content take full responsibility.
19.2 In addition, the
Service may contain links to third-party products, websites, services and
programs. These third-party links will take you away from this platform. These
links are for informational purposes only and the linked websites are not under
the control of DropShip Sphere, so you should visit these websites at your
own risk. Accordingly, DropShip Sphere is not responsible for the
content of any such linked site or any link contained in a linked site
(including any changes or updates to such sites). DropShip Sphere provides
these links solely for your convenience and the provision of any link does not
imply or express any association, warranty or sponsorship between DropShip Sphere
Export and any linked site and/or any of its content.
19.3 You understand
that third party links, products, websites and services are not owned or
controlled by DropShip Sphere, but are operated and owned by the third
parties themselves and may be protected by applicable copyright or other
intellectual property laws and treaties. None of these third-party content,
features, security, services, privacy policies or other specifications have
been reviewed by DropShip Sphere. We recommend that you read carefully the
terms and other policies provided by these third parties on their websites or
otherwise. You also acknowledge and agree that DropShip Sphere reserves
the right to remove any third-party links or applications on the Service that
violate applicable regulations or these Terms of Service without prior notice
to you or your consent.
20 Fraud or
suspicious activity
20.1 If DropShip Sphere
Export believes that you may be involved in any potentially fraudulent or
suspicious activities and/or transactions based on user reports or due
consideration, we may take various measures to protect DropShip Sphere,
users, third parties or hold you from revocation, refunds, claims , fees, fines
and other liabilities. Actions we may take include but are not limited to the
following:
(1) We may close,
suspend or restrict access to your account, and/or suspend the processing of
any transaction;
(2) We may suspend
your eligibility for DropShip Sphere Performance Guarantee;
(3) We may freeze the
funds in your account in accordance with the effective judgment, ruling or
order requirements applicable to you or your account (including instructions
and judgments issued to DropShip Sphere by the court where the account
is located and where the store is located), use or transfer;
(4) We may
temporarily or permanently refuse to provide you with services;
(5) In case you will
be liable to DropShip Sphere or DropShip Sphere users or third
parties, or we believe that you may be engaged in potentially fraudulent or
suspicious activities and/or transactions, we may freeze your account and funds
for a reasonable period of time.
20.2 For the purposes
of this section (i.e. clause 20) above:
(1)
"Refund" means a request made by a buyer directly to their debit or
credit card company or debit or credit card issuing bank to void a payment.
(2) "Claim"
means a challenge to a payment submitted by a buyer or seller directly to DropShip Sphere
Export.
(3) "Reversal"
means that DropShip Sphere's payment request is withdrawn because (a) the
sender's bank is invalid; (b) DropShip Sphere was sent to you in error;
(c) the sender of the payment is not authorized to send a payment request (for
example: sender using a stolen credit card); (d) you receive payment for
activity that violates the DropShip Sphere Terms of Service or any
other DropShip Sphere policy, or (e) DropShip Sphere decides to
file a claim against you.
21 Damages
You agree that
if DropShip Sphere, its shareholders, subsidiaries, affiliates, directors,
officers, agents, co-branders or other partners and employees (collectively,
"Indemnified Parties") suffer from or in connection with any or all
claims, allegations, actions and all related liabilities, damages, settlements,
penalties, fines, costs and expenses (including without limitation any other
dispute resolution fees), you will indemnify the indemnified party for It
defends and holds harmless from: (1) any transaction between you and a buyer on
the website, or any dispute in connection with such transaction (unless DropShip Sphere
Export or an affiliate of DropShip Sphere is the seller in the
transaction in relation to the dispute) , (2) DropShip Sphere Performance
Guarantee, (3) hosting, operating, managing and/or administering services
performed by or on behalf of DropShip Sphere, (4) your breach or breach of
any term in these Terms of Service or any policy referenced herein or
guidelines, (5) your use or misuse of the Service, (6) your violation of the
law or any rights of third parties, or (7) any content you upload.
22 Severability
If any agreement in
these Terms of Service shall be deemed to be illegal, invalid or unenforceable
for any reason under the jurisdictional law, such agreement shall be deemed to
be separate from the other terms and conditions and shall not affect any
remaining agreement in that jurisdiction The validity and enforcement in any
jurisdiction shall not affect the validity and enforcement of the doubtful
provision in any other jurisdiction.
23 General provisions
23.1 DropShip Sphere
Export reserves all rights not expressly granted in this Agreement.
23.2 DropShip Sphere
Export reserves the right to change, modify, suspend or suspend this
platform or service in whole or in part at any time in accordance with the
requirements of laws and regulations or in accordance with the principle of
good faith. DropShip Sphere may release certain services or their
features on a trial basis, and these services or features may not function
correctly or as in the final release. DropShip Sphere may also set
restrictions on certain functions or restrict your authority to use some or all
of the platform or services due to regulatory requirements or compliance with
the principle of good faith.
23.3 DropShip Sphere
Export may revise the content of these Terms of Service (including the
additional terms and policies mentioned in this Terms of Service/or provided by
links to these Terms of Service) by publishing the revised Terms of Service on
this platform at any time, and the revised Terms of Service 7 days before the
effective date, you will be notified by means of announcement or email, or SMS
or App push, etc. If you have any comments on the revised version of the terms
of service, you should send it in writing to: service@asiashop.com. If you
do not provide written comments to DropShip Sphere within 7 days after
receiving the aforementioned notice and continue to use the service, it is
deemed that you agree and accept this revised version of the terms of service
(including the terms of service mentioned/or the link to the terms of service)
additional terms and policies provided).
24.4 You may not
assign, sublicense or assign any rights granted to you by the Service, or
subcontract any of your obligations, without the written consent of DropShip Sphere
Export.
24.5 Nothing in these
Terms of Service shall be construed as a partnership, joint venture or agency
relationship between you and DropShip Sphere, nor does it authorize you to
bear any costs or liabilities on behalf of DropShip Sphere.
24.6 If DropShip Sphere
Export fails to demand the performance of any agreement of this clause at
any time, unless the right is waived in writing, it will not affect its right
to demand the implementation of this agreement in the future.
24.7 With the
exception of DropShip Sphere's affiliates (including successors and assigns
of DropShip Sphere and its affiliates and subsidiaries), these Terms of
Service are for the benefit of you and us only and not for the benefit of any
other individual or legal entity and concluded.
24.8 The terms
contained in these Terms of Service, as well as any agreements and policies
contained or referenced in these Terms of Service, constitute the entire
agreement and consensus between the two parties regarding this service and this
platform. Unless otherwise expressly agreed in writing by both parties, the
Supersedes any prior agreement and consensus between the parties on the same
matter. When the two parties enter into the terms stipulated in these terms of
service, there is no representation, warranty, guarantee, consensus, promise or
confirmation provided by anyone other than those expressly agreed in these
terms of service. The parties hereby exclude all implied terms.
24.9 You agree to
abide by all anti-corruption-related laws, provisions, regulations and
guidelines, including but not limited to China's Anti-Unfair Competition Law,
the UK Bribery Act, the US Foreign Corrupt Practices Regulations (US Foreign
Corrupt Practices Regulations) Corrupt Practices Act) and Singapore Prevention
of Corruption Act (Singapore Prevention of Corruption Act), and confirm that
you have adopted and should adopt all necessary policies and procedures to ensure
compliance with the foregoing.
24.10 You should
strictly abide by the laws and regulations on the prohibition of commercial
bribery, and resolutely reject commercial bribery, bribery and other gifts of
unfair commercial behavior.
24.11 The commercial
bribery referred to in this agreement refers to all spiritual and material
direct or indirect gifts, such as cash, rebates, entertainment, travel, etc.
24.12 No employee or
department of DropShip Sphere shall solicit or accept money, items and
gifts of any kind from you. If you find that DropShip Sphere employees
have the above behavior, you should report to DropShip Sphere in time.
24.13 You are not
allowed to directly or indirectly give gifts, items, securities, shares or take
other disguised means to provide illegitimate benefits to any DropShip Sphere
Export employee, their relatives or related parties in the name of the
seller or any individual, otherwise, it will be deemed to infringe the
interests of DropShip Sphere the behavior of. Improper benefits
include, but are not limited to, cash, checks, credit gift cards, samples, or
other merchandise, entertainment coupons, membership cards, rebates in the form
of currency or goods, rebates, employment or property purchases, seller-paid
travel, meals, and personal services Wait.
24.14 If DropShip Sphere
Export employees ask you to give them any form of improper benefits, you
should promptly file a complaint and provide relevant evidence to DropShip Sphere
Export. After verification by relevant personnel of DropShip Sphere, we will
deal with it and keep it confidential for you. DropShip Sphere accepts
your complaints by email: service@DropShip Sphere.com.
24.15 If you bribe
any employee of DropShip Sphere in order to obtain any improper
business interests or special business treatment or do not cooperate with DropShip Sphere
Export in investigating and punishing the bribery of its employees, DropShip Sphere
Export will permanently stop all cooperation with you and take measures
against you in accordance with the law. Measures to suspend the payment of all
accounts payable, and you shall pay DropShip Sphere RMB 50,000 as
liquidated damages. If the circumstances are serious and cause major economic
losses, DropShip Sphere will transfer it to the local judicial
authority according to law.
24.16 DropShip Sphere
Export and users can use electronic documents as a means of
representation. The electronic documents exchanged in accordance with these
terms of service, if the content can be fully presented and can be retrieved
for inspection in the future, the effect is the same as the physical written
documents. However, the application is excluded by law or by the announcement
of the administrative agency. Unless otherwise specifically agreed, the written
form referred to in these Terms of Service includes both written and electronic
forms.
24.17 In order to
ensure user data security and provide a secure trading platform, DropShip Sphere
Export cooperates with financial institutions that have passed the
international PCI DSS information security certification to process payment
operations, and continues to conduct independent management of internal
information security protection. If there is any dispute that a third party has
cracked DropShip Sphere's information system protection measures or
exploited information system loopholes, DropShip Sphere will bear the
burden of proof that there is no such fact.
24.18 Users should
notify DropShip Sphere immediately after learning that their account
password has been used fraudulently. When DropShip Sphere knows that
the user's account password has been used fraudulently, it shall immediately
notify the user and suspend the payment behavior indicated by the account, and
suspend the acceptance of subsequent payment instructions by the account. DropShip Sphere
Export shall be responsible for the losses incurred after the user has
gone through the procedures for reporting the fraudulent use of the account and
password; all losses incurred before the user has gone through the formalities
for the fraudulent use of the account and password shall be borne by the user,
except in the following cases:
(1) The user does not
properly keep the user ID and/or password;
(2) The user provides
the user ID and/or password to others by himself;
(3) The user does not
use the account security mechanism provided by DropShip Sphere; or
(4) Other reasons
caused by the user's intentional or gross negligence.
DropShip Sphere shall
bear the cost of investigating the fraudulent use of user account passwords.
24.19 If you and the
buyer have any consumption disputes on the DropShip Sphere platform
other than return refunds, you can request assistance from DropShip Sphere through
the customer service mailbox, telephone or online platform in Article 24.24
below, and provide orders and logistics within the specified period as required
by DropShip Sphere Corresponding supporting documents such as shipping,
product delivery or chat records between buyers and sellers, DropShip Sphere will
complete the investigation and decide to suspend the transaction or take other
necessary measures to help users resolve disputes according to the principle of
good faith.
24.20 The term “trade
secrets” referred to in this clause includes but is not limited to the contents
described in this agreement, any supplementary agreement and other secret
information involved in the cooperation process. Neither party shall disclose,
disseminate, edit or display this information to any third party without the
consent of the trade secret provider. The disclosing party shall not be held
responsible for the disclosure of business secrets due to the written consent
of the other party and the compulsory acts of the state administration and
justice; the disclosing party shall not be liable if the business secrets have
been known to the public.