1. INTRODUCTION
1.1. Welcome to ApexmallStore
Welcome to the ApexmallStore platform (the "Site"). Before accessing this Site or creating an ApexmallStore account ("Account"), please carefully review the following Terms of Service to understand your legal rights and obligations concerning ApexmallStore Philippines Inc. and its affiliates and subsidiaries (collectively or individually referred to as "ApexmallStore," "we," "us," or "our").
The "Services" we provide include:
(a) The Site,
(b) Services offered through the Site and any associated ApexmallStore client software, and
(c) All related content, such as information, linked pages, features, data, text, images, photographs, graphics, music, sounds, videos (including live streams), messages, tags, programming, software, application services (including mobile applications), and any other materials made available through the Site ("Content").
Any new features or enhancements added to the Services will also be governed by these Terms of Service, which apply to your use of all ApexmallStore Services.
1.2. Platform Overview
The Services function as an online marketplace facilitating transactions between buyers ("Buyers") and sellers ("Sellers") (collectively referred to as "Users" or "Parties").
The actual sales contract is formed directly between the Buyer and Seller. ApexmallStore is not a party to this agreement and assumes no liability or obligations related to such transactions.
Users are solely responsible for their transactions, including product listings, purchase warranties, and other contractual terms.
ApexmallStore does not mediate transactions between Users and may, at its discretion, pre-screen Users or Content.
We reserve the right to remove any Content or information posted on the Site in accordance with Section 6.4.
ApexmallStore does not guarantee that Users will complete any transaction.
1.3. User Agreement
By registering as a user, you must:
Read and accept all terms and conditions outlined in these Terms of Service (including linked policies)
Consent to the processing of your personal data as described in our Privacy Policy.
1.4. Modifications to Services
ApexmallStore reserves the right to:
Modify, suspend, or discontinue any part of the Site or Services at any time (with notice where required by law).
Release certain Services in beta versions, which may contain imperfections, without liability.
Impose restrictions on features or limit access to the Site or Services without prior notice.
1.5. Account Eligibility
ApexmallStore may, at its sole discretion, deny access to the Site, Services, or Account creation for any reason.
Acceptance of Terms
By using ApexmallStore Services or creating an Account, you irrevocably agree to these Terms, including all referenced policies.
If you do not agree, please refrain from using our Services or accessing the Site.
Users below the Legal Age (18 or as defined by local law) must obtain parental/guardian consent to open an Account.
Parents/guardians accepting these Terms on behalf of a minor assume full responsibility for all account activity.
2. PRIVACY
2.1. Privacy Commitment & User Information
At ApexmallStore, we prioritize your privacy. To ensure transparency and safeguard your rights, we have established the ApexmallStore Privacy Policy, which details our practices regarding data collection, usage, and protection.
By using our Services or submitting information on the Site, you:
(a) Consent to ApexmallStore’s collection, use, disclosure, and processing of your Content, personal data, and User Information as outlined in the Privacy Policy.
(b) Acknowledge and agree that the proprietary rights to your User Information are jointly held by you and ApexmallStore.
(c) Agree not to disclose your User Information to any third party or permit third-party access without ApexmallStore’s prior written consent.
2.2. Data Handling Between Users
If a User ("Receiving Party") obtains another User’s ("Disclosing Party") personal data through the Services, the Receiving Party must:
(a) Comply with all applicable data protection laws governing such data.
(b) Permit the Disclosing Party to:
Request deletion of their collected data from the Receiving Party’s database.
Review the information collected about them by the Receiving Party.
These obligations apply only where required by applicable laws.
3. LIMITED LICENSE
3.1. Grant of License & Intellectual Property Rights
ApexmallStore grants you a limited, revocable, non-exclusive license to access and use the Services, strictly in accordance with these Terms of Service.
Ownership of Intellectual Property:
All Content, trademarks, service marks, brand names, logos, and other intellectual property ("Intellectual Property") displayed on the Site are the exclusive property of ApexmallStore or their respective third-party owners.
No license or right to use any Intellectual Property is granted to Users, whether expressly, implicitly, or otherwise.
Users shall not assert any claim to ownership of such Intellectual Property.
Restrictions on Use:
By accessing the Services, you agree to:
Comply with all applicable laws (including copyright, trademark, and service mark protections).
Refrain from:
Copying, distributing, republishing, transmitting, publicly displaying, or performing any portion of the Services or Content.
Modifying, adapting, renting, selling, or creating derivative works.
Mirroring, framing, or embedding any Site content on another server or website without prior written consent.
Avoid using automated tools (e.g., robots, spiders) to monitor or copy Content, except for standard search engine technology directing users to the Site.
3.2. External Linking & Service Discontinuation
Linking to the Site:
You may link to the Site from external websites, provided:
Your website does not imply endorsement by or association with ApexmallStore.
Service Modifications:
ApexmallStore reserves the right, at its sole discretion, to discontinue or modify any part of the Services without prior notice.
4. SOFTWARE
4.1 License Grant & Restrictions
Any software provided by ApexmallStore as part of the Services is governed by these Terms of Service.
ApexmallStore retains all rights not expressly granted to you under this agreement.
Third-Party Software:
Any third-party scripts, code, or software linked to or referenced within the Services are licensed directly by their respective owners, not by ApexmallStore. Such third-party materials are subject to their own applicable license terms.
5. ACCOUNTS AND SECURITY
5.1. Account Registration
To access certain features of our Services, you must register for an Account by selecting a unique User ID, password, and providing the required personal information.
User ID Restrictions:
ApexmallStore reserves the right to suspend or terminate your Account if your chosen User ID is deemed offensive or inappropriate at our sole discretion.
Third-Party Services:
Your Account may provide access to third-party products, websites, or services linked to ApexmallStore.
ApexmallStore does not review or assume responsibility for third-party content, security, privacy policies, or practices.
Your use of such services is governed by their respective terms, which may differ from ApexmallStore’s policies.
5.2. Account Security
You agree to:
(a) Maintain the confidentiality of your password and use only your User ID and password for login.
(b) Log out after each session.
(c) Notify ApexmallStore immediately of any unauthorized Account use.
(d) Ensure your Account information is accurate and up-to-date.
You are fully responsible for all activities under your Account, whether authorized or not. ApexmallStore is not liable for losses arising from unauthorized access due to your failure to comply with these requirements.
5.3. Account Termination or Suspension
ApexmallStore may, at its sole discretion and without liability, take the following actions with or without notice:
Terminate or suspend your Account and User ID.
Remove Content associated with your Account.
Withdraw subsidies, cancel transactions, or withhold sale proceeds/refunds.
Grounds for termination include, but are not limited to:
Extended inactivity.
Violation of these Terms of Service.
Illegal, fraudulent, harassing, defamatory, or abusive behavior.
Multiple accounts, commercial resale, or abnormal purchasing.
Voucher abuse or failure to pay outstanding amounts.
Unauthorized third-party software use.
Harm to Users, third parties, or ApexmallStore’s business interests.
Legal Action:
ApexmallStore may refer violations to law enforcement and terminate Accounts immediately if legal disputes arise.
5.4. User-Initiated Termination
Users may terminate their Account by notifying ApexmallStore in writing (e.g., via email).
Termination takes effect no earlier than 24 hours after the request.
Users remain liable for incomplete transactions and must fulfill all obligations (e.g., payments, shipments) post-termination.
ApexmallStore is not liable for damages resulting from termination under this Section.
5.5. Geographic Restrictions
Accounts may only be opened in approved countries, as updated periodically by ApexmallStore.
5.6. Sub-Accounts for Sellers
Sellers may create Sub-Accounts linked to their primary Account(s) via ApexmallStore’s Sub-Account Platform.
By using Sub-Accounts, you acknowledge:
(a) Sub-Accounts are solely for Account management (fraudulent or illegal use is prohibited).
(b) All Section 5 terms apply to Sub-Accounts (where "Account" refers to "Sub-Account").
(c) Sub-Accounts may have full access to your primary Account. You are responsible for:
Configuring Sub-Accounts and granting third-party access.
All actions taken by Sub-Accounts (treated as your own).
(d) ApexmallStore may modify or terminate the Sub-Account Platform at any time.
6. TERMS OF USE
6.1. License Duration and Termination
Your license to access and use the Site and Services remains effective until terminated. ApexmallStore may terminate this license:
Automatically if you violate any provision of these Terms of Service.
At its sole discretion, with or without prior notice.
6.2. Prohibited Conduct
You agree not to:
(a) Upload, post, or transmit unlawful, harmful, or objectionable Content, including:
Harassing, defamatory, vulgar, or privacy-invasive material.
Content that exploits minors or violates their rights.
(b) Violate applicable laws, including:
Export/import regulations.
Third-party rights or ApexmallStore’s Prohibited and Restricted Items Policy.
(c) Impersonate any person/entity or misrepresent affiliations.
(d) Forge headers, manipulate identifiers, or remove proprietary notices.
(e) Modify, create derivative works, or translate Services without express permission.
(f) Use Services for fraudulent, misleading, or unauthorized purposes, including:
Operating multiple accounts to circumvent policies.
Accessing accounts via non-official means (e.g., bots, emulators).
(g) Manipulate listings, prices, or feedback systems.
(h) Disrupt Services, including:
Reverse engineering, decompiling, or bypassing security measures.
Interfering with servers, networks, or other Users’ experiences.
(i) Harvest personal data or infringe intellectual property rights.
(j) Transmit spam, viruses, or unauthorized advertising.
(k) Violate sanctions, anti-money laundering, or counter-terrorism laws.
(l) Stalk, harass, or infringe ApexmallStore’s rights.
6.3. User Responsibility for Content
You are solely responsible for all Content you upload, post, or transmit.
ApexmallStore does not endorse or guarantee the accuracy of any Content.
To the fullest extent permitted by law, ApexmallStore disclaims liability for:
Errors, omissions, or objectionable Content.
Losses arising from reliance on such Content.
6.4. Content Moderation
ApexmallStore reserves the right (but not the obligation) to
Pre-screen, remove, or suspend any Content without liability, including if it:
Violates these Terms or the Prohibited Items Policy.
Receives a User complaint or legal infringement notice.
Is deemed objectionable.
Block communications to protect Users or enforce these Terms.
You acknowledge that:
You bear all risks associated with Content use.
You may not rely on Content posted by ApexmallStore or other Users.
6.5. Disclosure of Information
ApexmallStore may access, preserve, or disclose your Account information or Content if required by law or to:
Comply with legal processes.
Enforce these Terms or policies.
Address intellectual property violations.
Respond to customer service requests.
Protect the safety of Users, the public, or ApexmallStore.
7.Violations of our Terms and Conditions.
7.1. Consequences of Violations
Violations of these Terms of Service may result in, but are not limited to, the following actions at ApexmallStore’s sole discretion:
(a) Deletion of listings or content.
(b) Restrictions on account privileges.
(c) Suspension or termination of your account.
(d) Criminal charges, where applicable by law.
(e) Civil actions, including claims for damages, injunctive relief, or other legal remedies.
7.2. Reporting Violations
To report violations of these Terms by other users, please contact:
Email: customercare@apexmall.com
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1. Policy on Intellectual Property Rights
ApexmallStore prohibits listings that infringe upon the intellectual property rights (IPR) of brands or rights owners ("IPR Owners").
8.2. User Independence
Users are independent entities and are not affiliated with ApexmallStore. ApexmallStore acts neither as an agent nor representative of Users and does not own merchandise listed on the Site.
8.3. Reporting Infringement
If you are an IPR Owner or an authorized IPR Agent and believe your rights have been violated, submit a complaint via our online form with the following:
Required supporting documents.
Allow reasonable time for processing.
ApexmallStore will address complaints as promptly as practicable.
8.4. Complaint Requirements
Complaints must include:
Signature (physical/electronic) of the IPR Owner or Agent ("Informant").
Description of the IPR allegedly infringed, including proof of ownership.
Detailed explanation of the infringement, including listing URLs.
Contact information (address, phone, email).
Good faith statement confirming:
The complaint is filed truthfully.
Use of the IPR is unauthorized.
Indemnification agreement for damages arising from false claims.
8.5. Limitations on Enforcement
ApexmallStore does not enforce:
Exclusive distribution agreements.
Minimum advertised price policies, unless legally required.
8.6. Seller Indemnification
Sellers agree to indemnify ApexmallStore against all claims related to:
IPR infringement arising from their listings.
Removal of listings due to infringement claims.
9. PURCHASE AND PAYMENT
9.1. Payment Methods
ApexmallStore supports one or more approved payment methods.
9.2. Payment Modifications
Buyers may change their preferred payment method only before completing payment.
9.3. Buyer Responsibility
ApexmallStore is not liable for:
Errors in shipping/payment details entered by Buyers.
Wrongful remittances.
We reserve the right to:
Verify payment method authorization.
Suspend or cancel transactions if authorization is unconfirmed.
10. SELLER BALANCE
10.1. Definition
Seller Balance stores proceeds from sales, minus withdrawals.
10.2. Withdrawals
Sellers may transfer funds to a Linked Bank Account (1 withdrawal/day).
Transfers are processed on business days and take 1–3 days to reflect.
10.3. Third-Party Payments
Payments are processed via third-party channels. Sellers must provide valid payment details.
10.4. Payment Timeline
Sales proceeds are credited within 7 days of delivery or upon Buyer confirmation.
10.5. Withdrawal Requests
Once submitted, withdrawals cannot be modified or canceled.
10.6. Error Correction
ApexmallStore may debit/credit accounts to rectify processing errors, per applicable laws.
10.7. Account Adjustments
We may debit/credit Seller Balances for:
Fraudulent activity.
Lost/damaged items.
Transaction disputes.
Uncollected fees or customs detentions.
10.8. Inactive Accounts
Terminated or inactive accounts may incur administrative fees on remaining balances.
11. APEXMALLSTORE GUARANTEE
11.1. Service Overview
The ApexmallStore Guarantee is a buyer protection service administered by ApexmallStore or its authorized agents.
Payment Holding: Purchase funds are held in a secured ApexmallStore Guarantee Account to mitigate transaction risks.
No Interest Earned: Sellers do not accrue interest or earnings on held funds.
11.2. Funds Release Conditions
Buyer purchase funds ("Buyer’s Purchase Monies") remain in the Guarantee Account until:
(a) Buyer Confirms Receipt:
Funds (less applicable fees*) are released to Seller upon delivery confirmation.
(b) Guarantee Period Expiry:
If no dispute arises, funds (less applicable fees*) are released post-expiry.
(c) Successful Refund/Return:
Buyer receives a refund per the Refunds and Return Policy.
(d) Legal/Policy Compliance:
ApexmallStore may adjust disbursements to comply with:
Applicable laws.
Court orders.
Terms of Service enforcement.
*Applicable fees may include:
Shipping Fee (Seller’s portion)
Transaction Fee
Commission Fee
Cross Border Fee (if relevant)
Coverage Limitations:
Only applies to payments processed through ApexmallStore’s official channels.
Excludes transactions conducted outside the platform.
11.3. Guarantee Period & Extensions
Holding Duration: Funds are held for a predefined ApexmallStore Guarantee Period (learn more).
Extension: Buyers may request a one-time extension before expiry, subject to the Refunds and Return Policy.
12. DELIVERY
12.1. Order Fulfillment
Upon receipt of buyer payment, ApexmallStore will notify the Seller. Unless otherwise agreed, the Seller must:
Arrange delivery of the purchased item(s).
Provide tracking details (e.g., courier name, tracking number) via the Site.
12.2. Delivery Timeline
Sellers shall ensure delivery is completed within:
The ApexmallStore Guarantee Period, or
The timeframe specified in the Seller’s listing,
whichever is applicable.
12.3. Delivery Risks & Liabilities
Seller Responsibility:
Bears all risks associated with shipment.
Must maintain adequate delivery insurance.
Limitation of Liability:
ApexmallStore is not liable for:
Damaged, lost, or undelivered goods.
Costs arising from delivery disputes.
Buyers/Sellers must resolve issues directly with the logistics provider.
12.4. Cross-Border Transactions
For items shipped from overseas:
The Seller is located outside Singapore.
Import/export is subject to local laws and regulations.
Users must independently comply with all trade restrictions.
ApexmallStore:
Provides no legal advice on import/export matters.
Assumes no liability for compliance risks.
12.5. First-Class Post Shipping (Singapore)
Seller bears 100% of shipping costs if Buyer selects this method.
12.6. Alternative Shipping Methods
For other delivery options:
Shipping fees are shared among:
Buyer
Seller
ApexmallStore
Fee allocation is determined by ApexmallStore and published on the Site.
ApexmallStore will:
Charge the Buyer’s portion.
Deduct the Seller’s share from the purchase price (per Section 12.2).
Remit total fees to the logistics provider.
12.7. Logistics Services Clarification
ApexmallStore-supported logistics cover:
International shipping to Singapore.
Local ground logistics within Singapore.
Services are operated by ApexmallStore Express or third-party providers, subject to their terms.
13. CANCELLATION,RETURN AND REFUND
13.1. Order Cancellation
Buyers may cancel an order only before the purchase amount has been transferred to ApexmallStore's secured account.
13.2. Returns & Refunds
Buyers may request returns/refunds within the ApexmallStore Guarantee Period.
All requests are subject to the ApexmallStore Refunds and Returns Policy.
13.3. Transaction Cancellation by ApexmallStore
ApexmallStore reserves the right to cancel any transaction on the Site.
The Buyer’s sole remedy is a refund of the purchase price paid to the secured account.
13.4. Offline Payments
ApexmallStore does not oversee cancellations, returns, or refunds for transactions conducted outside the platform.
13.5. Refund Processing
Approved refunds will be credited to the Buyer’s ApexmallStore Wallet within five (5) business days.
14. SELLER'S RESPONSIBILITIES
14.1. Listing Management
Sellers must:
Maintain accurate and current product listings, including:
Prices
Inventory quantities
Product details
Terms and conditions of sale
Prohibit the posting of misleading or false information.
14.2. Pricing Policy
Sellers determine the selling price of items.
Listed prices must include all applicable charges, such as:
Sales tax
VAT
Customs duties
No additional fees may be imposed on Buyers.
14.3. Promotions & Adjustments
ApexmallStore may, at its sole discretion:
Offer price reductions, discounts, or refunds to facilitate transactions.
Adjust the final price paid by the Buyer accordingly.
14.4. Cross-Promotion
To enhance sales, ApexmallStore may feature Seller listings (with adjusted pricing) on:
Third-party platforms (e.g., portals, price comparison sites).
ApexmallStore-operated websites (domestic or international).
14.5. Tax Documentation
Sellers must provide Buyers with:
Receipts
Credit card slips
Tax invoices
upon request.
14.6. Tax Compliance
Sellers are solely responsible for:
All taxes, duties, and fees related to sold goods.
Complying with current tax laws and regulations.
ApexmallStore does not provide legal or tax advice.
Sellers should consult tax specialists for guidance.
14.7. Policy Violations
Violations of ApexmallStore policies may result in enforcement actions as outlined in Section 7.1.
15. PAID ADVERTISING
15.1. Advertising Services Overview
ApexmallStore offers:
Keyword Ads
Flash Sale Ads
(collectively, "Paid Advertising"a).
By purchasing Paid Advertising services, Sellers agree to:
These Terms of Service.
All Paid Advertising Rules posted on the Site or communicated in writing.
Refusal to comply prohibits service purchase.
15.2. Eligibility
To use Paid Advertising, Sellers must:
Meet qualifications under Paid Advertising Rules.
Maintain an active, unsuspended Account.
15.3. Advertising Credits ("Ad Points")
Purchased via designated websites.
Fees deducted from Ad Points balance.
Validity: 6 months (or as specified by ApexmallStore).
Non-refundable after checkout (unless stated otherwise in Paid Advertising Rules).
Subject to Goods and Services Tax (GST).
15.4. Auto-Top-Up Function
Sellers may enable automatic Ad Points replenishment when balances fall below a set minimum ("Ad Points Minimum Amount").
Funds are deducted from the Seller Wallet (per Section 10).
15.5. Keyword Ads
Configurable per item:
Budget
Keywords
Marketing cycle
Paid Advertising Period: Active until the Seller-specified expiry date.
Non-transferable: Unused Ad Points or time cannot be moved to other items.
15.6. Flash Sale Ads
Available during ApexmallStore-specified periods.
Inclusion of items at ApexmallStore’s sole discretion.
Non-refundable/Non-transferable: Regardless of item availability.
15.7. Compliance
Listings must adhere to:
Laws and regulations.
ApexmallStore’s Prohibited/Restricted Items Policy.
Paid Advertising Rules.
Violations may result in:
Immediate listing removal.
Forfeiture of associated Ad Points/fees.
15.8. No Performance Guarantee
ApexmallStore does not warrant:
Increased product ratings.
Higher sales volumes.
15.9. Seller Responsibility
Sellers must:
Assess budget and goals before purchasing services.
Acknowledge ApexmallStore’s limitation of liability for advertising outcomes.
15.10. Liability Cap
If ApexmallStore is held liable for Paid Advertising:
Maximum liability = Amount paid for the service.
16. ALCOHOL & TOBACCO SALES
16.1. General Provisions
Sales permitted only under this Section’s terms.
Buyers/Sellers automatically consent by transacting.
16.2. Buyer Obligations
Age Verification: Buyers/recipients must be 18+.
Provide valid photo ID upon request.
16.3. Seller Obligations
Hold valid licenses/permits for alcohol/tobacco sales.
Submit copies to ApexmallStore for verification.
Ensure all provided documents are accurate.
16.4–16.5. Delivery Terms
ge Checks: Delivery agents may request ID.
Refusal Rights:
If recipient appears intoxicated (alcohol).
If ID is unavailable/invalid.
16.6. Indemnification
Buyers/Sellers agree to indemnify ApexmallStore against claims arising from:
Breach of Sections 16.2/16.3.
Violations of laws or third-party rights.
17. TRANSACTION FEES
17.1. Domestic Sellers
Transaction Fee: 2% of purchase price (rounded to nearest cent).
GST applies (Seller’s responsibility).
17.2. Cross-Border Sellers
Cross-Border Fee: As published on the Site.
Seller-paid.
18. OVERSEAS SUPPLIER REGISTRATION
18.1. GST Compliance for Digital Services
Overseas sellers of digital services ("Overseas Digital Services Sellers") must charge GST on services provided to:
Individuals
Non-GST registered businesses
(Collectively "OVR GST Amount")
GST-registered buyers must provide their GST registration number as proof of status.
Effective January 1, 2023:
The OVR regime expands to include:
Remotely delivered non-digital services
Low-value goods sold from outside Singapore
18.2. Tax Remittance & Seller Obligations
ApexmallStore will:
Deduct and remit OVR GST Amounts to tax authorities.
Overseas sellers must:
Correctly apply all applicable taxes.
Provide necessary documentation for tax compliance.
Effective January 1, 2023:
Same expansion as Section 18.1 applies.
19. DISPUTE RESOLUTION
19.1. Transaction Issues
Disputes will be resolved per ApexmallStore's policies.
19.2. Claims Against ApexmallStore
Users agree not to sue or assert claims against ApexmallStore/affiliates (unless ApexmallStore is the seller).
19.3. Dispute Assistance
Covered users may submit written requests for assistance.
ApexmallStore may, at its sole discretion, facilitate resolution.
No liability to either party.
(See Refunds and Returns Policy for details)
19.4. Warranty Coverage
Assistance is available only for transactions covered by ApexmallStore's warranty.
20. FEEDBACK PROCESS
20.1. Submission Guidelines
Feedback must be:
Provided via email or in-app form.
Non-anonymous.
Fact-based (affected users must be informed).
Constructive (vague/defamatory submissions rejected).
21. DISCLAIMERS
21.1. Service "As Is"
No warranties (express/implied) including:
Merchant ability
Fitness for purpose
Uninterrupted/error-free operation
Virus-free security
21.2. User Responsibility
Users bear all risks of using the Services.
21.3. Third-Party Transactions
ApexmallStore does not control or warrant:
Item quality/suitability
Seller/buyer solvency
Users must resolve disputes directly.
22. LIABILITY LIMITATIONS
22.1. Excluded Damages
To the maximum extent permitted by law, ApexmallStore is not liable for:
Lost profits/revenue
Data/reputation loss
Failed savings
Any indirect/consequential damages
22.2. Sole Remedy
Users' only recourse is to terminate their account.
22.3. Liability Cap
If liable, ApexmallStore's responsibility is limited to the lesser of:
Payments under ApexmallStore Guarantee
[Other applicable cap]
22.4. Non-Excludable Liabilities
Does not apply to:
Death/personal injury from negligence
Fraud
Other non-excludable liabilities
23. Links to third-party websites and videos shared from YouTube
23.1 Third party links provided on this website will take you away from this website. These links are provided as a courtesy only and the websites they link to are not controlled by ApexmallStore in any way, so you access them at your own risk. ApexmallStore is not responsible for the contents of any linked site or any link contained in a linked site, including any changes or updates to such sites. ApexmallStore is providing these links only as a convenience, and the inclusion of any link does not imply or represent affiliation, endorsement or sponsorship by ApexmallStore of any linked site and/or any content on it.
23.2 ApexmallStore allows you to share videos from YouTube on ApexmallStore's live streaming feature ("YouTube Content"). By sharing YouTube content, you agree to be bound by YouTube's Terms of Service (https://www.youtube.com/t/terms).
24. Your Contributions to the Services
24.1 By submitting Content for inclusion on the Service, you represent and warrant that you have all rights and/or permissions necessary to grant ApexmallStore the license below. Additionally, you acknowledge and agree that you are solely responsible for any Content you post or otherwise make available on or through the Services, including but not limited to its accuracy, reliability, substance, express rights, compliance with all laws and regulations relating to any contribution of Content. Laws and Legal Restrictions: You grant to ApexmallStore and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license and may transfer to use, copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform such content contributions in any media format and through any communication channel within or in connection with the Services, including but not limited to the promotion and redistribution of portions of the Services (and the Works derivatives) without attribution, and you agree to waive all moral rights (and any similar rights anywhere in the world) in this regard. You understand that your Contributions may be transmitted over various networks and modified to conform and adapt to technical requirements.
24.2 Any content, materials, information or ideas you post on or through the Services or transmit to ApexmallStore in any manner (each, a “Submission”) will not be considered by ApexmallStore as confidential and may be disseminated or used by ApexmallStore without compensation or liability to you for any purpose whatsoever including but not limited to developing, manufacturing and marketing products. By submitting content to ApexmallStore , you acknowledge and agree that ApexmallStore and/or other third parties may independently develop software, applications, interfaces, products, and similar modifications and improvements. similar in functionality, code, or features to what is recommended in your account. submit. idea. You hereby grant to ApexmallStore and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to develop the above projects and use, copy, distribute, republish, transmit, modify, adapt, create derivative works from, publicly display and publicly perform any submission to The Services in any media format and through any media channel, including but not limited to the promotion and redistribution of portions of the Services (and derivative works thereof). These Terms do not apply to personal information subject to our Privacy Policy unless you disclose such personal information on or through the Services. In any media format and in any media channel through or in connection with the Services, including without limitation the promotion and redistribution of portions of the Services (and derivative works of them). These Terms do not apply to personal information subject to our Privacy Policy unless you disclose such personal information on or through the Services. In any media format and in any media channel through or in connection with the Services, including without limitation the promotion and redistribution of portions of the Services (and derivative works of them). These Terms do not apply to personal information subject to our Privacy Policy unless you disclose such personal information on or through the Services.
25. Third party contributions to external services and links
25.1 Each person who contributes data, text, images, audio, video, software and other content to the Service is solely responsible for its accuracy, reliability, nature, clear rights, comply with laws and legal restrictions regarding your content contributions. Accordingly, ApexmallStore is not responsible for, and will not regularly monitor or audit, any Content Contributions for accuracy, reliability, nature, rights clearance, legal compliance, and legal restrictions. You will not hold ApexmallStore responsible for the acts or omissions of any user, including without limitation the content they post or otherwise make available through the Services.
25.2 In addition, the Services may contain links to third party products, websites, services and offers. These third-party links, products, sites and services are not owned or controlled by ApexmallStore. Rather, they are operated by and are the property of their respective third parties and may be protected by applicable copyright or other intellectual property laws and treaties. ApexmallStore has not reviewed and is not responsible for the content, functionality, security, services, privacy policies or other practices of these third parties. We encourage you to read other terms and policies posted by third parties on their websites or elsewhere. By using the Services, you agree that ApexmallStore shall not be responsible in any way for your use or inability to use any site or facility.
26. Your Representations and Warranties
You represent and warrant that: (A) you have the legal capacity (in the case of a minor, valid parental or legal guardian consent), right and ability to participate in these Terms of Service and comply with them. and (B) The Services will be used only for lawful purposes in accordance with these Terms of Service and all applicable laws, rules, regulations, directives, guidelines, policies and regulations.
27. Fraudulent or Suspicious Activity
If ApexmallStore, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activities and/or transactions, we may take various actions to protect ApexmallStore, other buyers or sellers, other third parties, or you from recalls, chargebacks, claims, fees, fines, penalties, and any other liability. Actions we may take include but are not limited to the following:
(a) We may close, suspend or restrict your access to your account or the Services and/or suspend the processing of any transactions;
(b) We may suspend your ApexmallStore Guarantee eligibility;
(c) We may hold, use or transfer funds in your account as required by judgments and orders affecting you or your account, including judgments and orders made by courts in Singapore or otherwise issued against ApexmallStore;
(d) we may refuse to provide services to you now or in the future;
(e) We may hold your funds for as long as necessary to protect ApexmallStore or third parties from liability risks or if we believe you may engage in activities and/ or potentially fraudulent or suspicious transactions.
For the purposes of this section:
"chargeback" is a request made by the buyer directly to his or her debit or credit card company or credit card issuer to void the payment.
“Claim” means a claim for payment submitted directly to ApexmallStore by a Buyer or Seller.
"Revert" means that ApexmallStore reverses the payment because
(a) the payment was invalid by the sender's bank, (b) was sent to you by ApexmallStore in error, (c) the person sending the payment was not authorized to send the payment (for example: sent using a stolen credit card), (d) you receive payment for activity that violates these Terms of Service or any other ApexmallStore policy, or (e) ApexmallStore decides to send complaint against you.
28. Compensation
You agree to indemnify, defend and hold harmless ApexmallStore and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees (collectively, "The indemnified party") harmless from any and all injuries, claimed actions, actions and proceedings and all other liabilities, damages, , fines, penalties, costs and related expenses (including without limitation any other dispute resolution fees) of any Indemnified Party arising out of or in connection with (a) any transaction made on this site, or any dispute related to such transaction (unless ApexmallStore or its affiliates are the seller in the transaction to which the dispute relates), (b ) ApexmallStore warrants, (c) the operation, operation, management and/or administration of the Services by or on behalf of ApexmallStore, (d) your breach or violation of any provision of the Terms of Service this or any policy or guideline referred to herein, (e) your use or misuse of the Services, (f) your violation of any law or any right of a party third, (g) any content you upload.
29. Separateness
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable under the laws of any jurisdiction, then such provision shall be deemed severable from these terms and conditions and no remaining provisions shall affect their validity and enforceability in any other jurisdiction, nor shall any remaining provisions affect their validity and enforceability in any other jurisdiction. enforcement of the relevant provision under the law of any other jurisdiction.
30. GOVERNING LAW
These Terms of Service shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded to their extent. Except as otherwise provided by applicable law, any dispute, controversy, claim or controversy arising out of or relating to these Terms of Service against ApexmallStore or any indemnified party hereunder shall be submission and finally the Submission will be resolved by arbitration in Hong Kong under the Hong Kong Courts. The Arbitration Rules of the Kong International Arbitration Center are then in effect, which rules are deemed to be incorporated by reference into this Section. There will be one (1) arbitrator and the language of arbitration will be English.
31. GENERAL PROVISIONS
31.1 ApexmallStore reserves all rights not expressly granted herein.
31.2 ApexmallStore may modify these Terms of Service at any time by posting the revised Terms of Service on this website. Your continued use of the Site following the posting of such changes constitutes your acceptance of such revised Terms of Service.
31.3 You may not assign, sub-license or transfer any of the rights granted to you or sub-contract any of your obligations under this Agreement.
31.4 Nothing in these Terms of Service creates a partnership, joint venture or agency relationship between you and ApexmallStore, nor does it authorize you to assume any costs or liability on behalf of for ApexmallStore.
31.5ApexmallStore's failure at any time to require performance of any provision of this Agreement shall not affect its right to enforce such provision at a later date unless such provision is waived in writing.
31.6 These Terms of Service are for your and our benefit only, and not for the benefit of any other person or entity, other than ApexmallStore's affiliates and subsidiaries (and their respective companies). successors and respective subsidiaries of ApexmallStore and its affiliates and subsidiaries).
31.7 The terms set forth in these Terms of Service and any agreements and policies contained or referred to in these Terms of Service constitute the entire agreement and understanding between the parties with respect to the Services and the Site website, and supersedes any prior agreements or understandings between the parties with respect thereto. The parties also exclude all terms implied in fact. In entering into the agreement formed by these Terms of Service, the parties do not rely on any statement, representation, warranty, understanding, promise, undertaking or assurance of any other person. other than as expressly provided in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies it may have with respect to any of the foregoing except this Section.
31.8 You agree to comply with all applicable laws, rules, regulations and guidelines relating to anti-bribery and corruption, including without limitation the United States Foreign Corrupt Practices Act and the United States Foreign Corrupt Practices Act. Hong Kong anti-corruption laws, and acknowledge that you have and should establish the necessary policies to ensure compliance with such requirements All policies and procedures.
32. About ApexmallStore's order processing policy.
The Vietnam ApexmallStore Dropshipping model system is affiliated and operates based on the regulations and platform of the e-commerce platform ApexmallStore, so when you join ApexmallStore you must follow ApexmallStore's order processing process.
When you receive an order from a buyer, you need to process it within 24 hours from the time the store receives the order.
After 24 hours, if the store has not yet processed the received order, this behavior violates the agent's policies and terms of operation. To avoid additional costs for related units and partners, agents will receive reminder notices and be subject to a warning fee.
Level 1 (Corresponding to 10% - 30% of the total order value received by the store).
Then:
- Within 24 hours of receiving notification from ApexmallStore: The store clearly understands and voluntarily pays the Level 1 warning fee and processes all orders currently being received. The above penalty fee will be refunded to store wallet after 48 hours and your store will continue to operate normally.
- Within 48 hours of the store receiving a late order and you continue to violate the agent's policies and terms of operation, you will be subject to a warning fee.
Level 2 (Corresponding to 30% of the total order value received by the store).
When you refuse to pay the above fines, it means you unilaterally request to stop doing business with ApexmallStore. ApexmallStore will close the store and freeze all transactions arising from your account system-wide.
As a representative of the store, you clearly understand and voluntarily pay the penalty fees that have arisen and process all orders that the store is receiving, then ApexmallStore will consider waiving any losses that ApexmallStore has incurred. bear the brunt of your store's erratic operations, and at the same time, ApexmallStore will support your store to continue operating normally.
However, when ApexmallStore receives information that your store continues to violate the agency's policies and terms of operation: ApexmallStore will proceed with procedures to permanently close the store - exempting all responsibilities related to it. The agent's business issues are aimed at minimizing costs incurred and protecting the reputation of the store and related partners with customers.
During the 7-day period (Excluding Holidays, New Year, Saturday and Sunday) when ApexmallStore considers closing the store, all transaction features related to your store will be limited.
When a final decision is made, ApexmallStore will liquidate the violating store in accordance with the working process prescribed by the ApexmallStore corporation. Specifically: All benefits and management rights of the violating store will be handled in the form of public bidding at the monthly shareholder meeting.
All remaining money in the account after completing specific deductions according to the attached list of items will be transferred by ApexmallStore to the Executive Board of the United Nations Children's Fund (abbreviated as UNICEF) for use. used to support child rights campaigns.
Deductions include (if any):
1. Commissions outside of capital
2. Level 1 warning
3.Level 2 warning
4.Agent support money
5.Personal income tax (Applicable according to current personal income tax law)
6. Currency conversion fee (only applicable to foreign currency transactions)
Legal Notices: Please send all legal notices to ApexmallStore and attention to "General Counsel".
I have read this Agreement and agree to all of the above terms and any amendments thereto. By clicking the "SIGN UP" or "CONNECT TO FACEBOOK" button during the registration process, I understand that I am creating an electronic signature that I hope has the same power and effect as if I signed my name. yourself manually.
Last updated: 1 January 2024